83 FR 40149 - Final Waiver and Extension of the Project Period for the Migrant Education Program Consortium Incentive Grant Program

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 157 (August 14, 2018)

The Secretary waives the requirement in the Education Department General Administrative Regulations that generally prohibits project period extensions involving the obligation of additional Federal funds. The waiver and project period extension will enable the 34 current Migrant Education Program (MEP) Consortium Incentive Grant (CIG) program grantees to continue to receive Federal funding for up to an additional 24 months through fiscal year (FY) 2019.

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Rules and Regulations]
[Pages 40149-40151]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17470]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED-2018-OESE-0017; Catalog of Federal Domestic Assistance 
(CFDA) Number 84.144F]


Final Waiver and Extension of the Project Period for the Migrant 
Education Program Consortium Incentive Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final waiver and extension of the project period.

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SUMMARY: The Secretary waives the requirement in the Education 
Department General Administrative Regulations that generally prohibits 
project period extensions involving the obligation of additional 
Federal funds. The waiver and project period extension will enable the 
34 current Migrant Education Program (MEP) Consortium Incentive Grant 
(CIG) program grantees to continue to receive Federal funding for up to 
an additional 24 months through fiscal year (FY) 2019.

DATES: These waivers are effective August 14, 2018.

FOR FURTHER INFORMATION CONTACT: Jennifer Rodriguez, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E323, Washington, DC 20202. 
Telephone: (202) 453-6670. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    The MEP CIG program is authorized by section 1308(d) of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 
U.S.C. 6398(d)). Through the MEP CIG program, the U.S. Department of 
Education (Department) provides financial incentives to State 
educational agencies (SEAs) to participate in high-quality consortia 
that improve the interstate or intrastate coordination of migrant 
education programs by addressing key needs of migratory children who 
have their education interrupted.
    The Department published a notice of final requirements for the MEP 
CIG program in the Federal Register on March 3, 2004 (69 FR 10109) 
(2004 Notice), and we have used these final requirements for CIG 
program competitions since FY 2004. The 2004 Notice established a 
project period of up to two years for grants awarded under the MEP CIG 
program. We subsequently published a notice of final requirements for 
the MEP CIG program in the Federal Register on December 31, 2013 (78 FR 
79613) (2013 Notice), in which we increased the CIG project period to 
three years.
    The Department last awarded CIG program grants in FY 2015. 
Currently, 34 SEAs (out of a total of 46 SEAs that receive MEP formula 
grant program funds) participate in CIG program-funded consortia.

[[Page 40150]]

    On April 20, 2018, the Department published a document in the 
Federal Register (83 FR 17516) proposing a waiver of the requirement in 
34 CFR 75.261(c)(2). Waiving this requirement will enable the Secretary 
to provide additional funds to the 34 Consortium Incentive Grant 
grantees for up to an additional two years. The April 2018 document 
also invited public comment on the proposed waiver and extension of the 
project period.

Public Comment

    In response to our invitation in the proposed waiver and extension 
of the project period, the Department received 29 total comments. 
Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raise concerns not 
directly related to the proposed waiver and extension.

Analysis of Comments and Changes

    Of the 29 comments received, 24 were in support of the waiver and 
two were opposed. An analysis of the comments and of any changes in the 
waiver follows.
    Comment: Several of the commenters stated that the waiver would 
allow for continuous improvement and promotion of interstate 
coordination of migrant education programs by addressing key needs of 
migratory children who have their education interrupted. Several 
commenters also noted that the waiver would provide up to two years of 
additional funding, which would permit grantees to continue 
coordinating with one another and achieving the goals and objectives of 
their consortia. Two commenters noted that the waiver would provide the 
opportunity to create additional materials to address the needs 
identified in their State, refine the materials already developed, and 
work to ensure that the materials are widely disseminated and used by 
migrant programs across the Nation.
    Discussion: We appreciate the commenters' support for this waiver.
    Changes: None.
    Comment: Two comments opposed the waiver and extension of the 
project period. The first commenter noted that the extension prohibits 
SEAs that are not currently participating in the program from joining 
for up to another two years, excludes States from access to Federal 
funds, and requires States to remain with the consortium they are 
currently participating in even if it no longer addresses their needs. 
A second commenter raised similar concerns, specifically regarding the 
12 States that are excluded from funding for the CIGs because of their 
lack of participation in the current cycle of grants. However, the 
commenter stated they did not wish to cause a delay in funding to the 
current consortia, but urged the Department to extend the project 
period for only one year rather than two. The commenter also expressed 
regret that the Department did not plan as needed in order to host a 
grant competition this year.
    Discussion: We appreciate the commenters' suggestions and also 
regret that 12 SEAs will not be able to participate in a CIG project 
for up to an additional two years. Due to the time needed to consider 
changes to the priorities, structure, and duration of the CIG program, 
we believe a waiver of up to two additional years, which will allow the 
34 participating States to continue their work and to receive a 
continuation award in the same amount as their most recent continuation 
award, is the best course of action. However, we appreciate the 
commenters' concerns and will work to publish a notice of final 
requirements and a notice inviting applications as quickly as possible.
    Changes: None.

Final Waivers

    In the April 2018 document, we discussed the background and 
purposes of the CIG and our reasons for proposing the waivers. As 
outlined in that document, providing up to two additional years of 
funding would permit grantees to continue coordinating with one another 
and achieving the goals and objectives of their consortium applications 
as the Secretary considers changes to the priorities, structure, and 
duration of the CIG program. Based on the progress SEAs generally have 
made on consortium projects, we believe that current grantees could 
benefit from a fourth and possibly fifth year in which to continue 
working on and implementing their CIG program projects.
    Moreover, implementing this waiver and extension would ensure that 
the services provided by the current CIG program grantees continue 
uninterrupted as the Department supports States in their transition to 
implement requirements under the ESEA as amended by the Every Student 
Succeeds Act. During this extension period, the activities of the 
current CIG program grantees would be modified through work plans, as 
necessary, to continue the implementation of consortium activities and 
to support States as they implement requirements under the amended 
ESEA.
    For all of these reasons, we have concluded that it would be 
contrary to the public interest to have a lapse in the work of current 
CIG program grantees while the Secretary considers changes to the 
implementation of the CIG program and while the Department implements 
the components of the amended ESEA as described above.
    Therefore, the Secretary waives the requirements in 34 CFR 
75.261(c)(2), which limits the extension of a project period if the 
extension involves the obligation of additional Federal funds.
    Under this waiver--
    (1) Current grantees will be authorized to receive continuation 
awards annually for up to two years using the CIG funding formula 
currently in existence.
    (2) We will not announce a new competition in FY 2018 or in FY 2019 
(if the project period is extended for two years).
    (3) During the extension period, any activities carried out must be 
consistent with, or be a logical extension of, the scope, goals, and 
objectives of the grantees' approved application from the FY 2015 CIG 
program competition.
    (4) Each grantee that receives a continuation award must also 
continue to comply with the requirements established in the program 
regulations, the 2004 and 2013 Notices, and the 2015 notice inviting 
applications for the MEP CIG program (80 FR 6502).
    The waiver of 34 CFR 75.261(c)(2) will not affect the applicability 
of the requirements in 34 CFR 75.253 (continuation of a multi-year 
project after the first budget period) to any current CIG program 
grantee that receives a continuation award as a result of the waiver.

Regulatory Flexibility Act Certification

    The Secretary certifies that this final waiver and extension will 
not have a significant economic impact on a substantial number of small 
entities. None of the affected entities are small entities, as this 
program makes awards to SEAs.

Paperwork Reduction Act of 1995

    This final waiver and extension does not contain any information 
collection requirements.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for

[[Page 40151]]

coordination and review of proposed Federal financial assistance.
    This document provides notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., Braille, large print, 
audiotape, or compact disc) by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
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by the Department.

    Dated: August 9, 2018.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2018-17470 Filed 8-13-18; 8:45 am]
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