SUPPLEMENTARY INFORMATION:

Invitation to Comment: We invite you to submit comments regarding this proposed waiver and extension. To ensure that your comments have maximum effect in developing the notice of final waiver and extension, we urge you to identify clearly the specific grantee or grantees (listed in the table under the Background section) that each comment addresses.

We invite you to assist us in complying with the specific requirements of Executive Orders 12866, 13563, and 14192 and their overall requirement of reducing regulatory burden that might result from the proposed waiver and extension. Please let us know of any further ways we could reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program.

During and after the comment period, you may inspect all public comments about this notice of proposed waiver and extension by accessing regulations.gov.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record: On request, we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for the proposed waiver and extension. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT .

Background

Native Hawaiian Education (NHE), authorized under sections 6201-6207 of the Elementary and Secondary Education Act of 1965, as amended (ESEA), authorizes the Secretary to make grants to or enter into contracts with Native Hawaiian organizations and other organizations to support the development of innovative educational programs to assist Native Hawaiians. Under section 6205(a)(2), the Secretary must prioritize awarding grants to entities that propose projects designed to address beginning reading and literacy among students in kindergarten through third grade, the needs of at-risk children and youth, needs in fields or disciplines in which Native Hawaiians are underemployed, and the use of Hawaiian language in instruction. These projects may include one or more of the activities authorized under section 6205(a)(3).

On March 14, 2023, the Department of Education (Department) published in the Federal Register a notice inviting applications (NIA) for new awards for fiscal year (FY) 2023 for the Native Hawaiian Education Program (88 FR 15689). A table listing the current 21 grantees from the FY 2023 cohort follows.

The current project period for these FY 2023 cohort grantees ends on August 31, 2026.

Waivers and Extensions

The Department proposes to extend the project period for the 21 current NHE program grantees for up to one additional 12-month period. This proposed waiver would maximize continuity of services to those that the Native Hawaiian Education Program serves and support grantees through an efficient process that enables them to continue operating their current, approved projects for up to an additional one budget period with additional funding.

We have concluded that it would be contrary to the public interest to have a lapse in the work of current NHE program grantees while the Department considers changes to the NHE program. As such, the Secretary proposes to waive the requirement in 34 CFR 75.261(b)(2), which limits the extension of a project period if the extension involves the obligation of additional Federal funds. The waiver would allow the Department to issue continuation awards to current NHE grantees in FY 2026.

This action would allow the current NHE grantees to submit a request for continuation funding in FY 2026, provided grantees have certified that they have the capacity to continue activities. Any activities carried out under these continuation awards must be consistent with, or a logical extension of, the scope, goals, and objectives of the grantee's application as approved in the FY 2023 competition. The requirements for continuation determinations are set forth in 34 CFR 75.253, the 2023 Notice, and this Notice. Specifically, in making a continuation award determination under 34 CFR 75.253, the Secretary considers, among other things: whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; if the Secretary has established performance measurement requirements, whether the grantee has made substantial progress in achieving the performance targets in the grantee's approved application; or whether the continuation of the project is in the best interest of the Federal Government.

In making a continuation award determination, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). In making any continuation award determination, the Secretary may consider all relevant information.

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 coordination and review of proposed Federal financial assistance.

This document provides early notification of our specific plans and actions for this program.

Regulatory Flexibility Act Certification

The Secretary certifies that this proposed waiver and extension of the project period would not have a significant economic impact on a substantial number of small entities.

The entities that would be affected by this proposed waiver and extension are:

(a) The 21 awarded FY 2023 grantees currently receiving Federal funds, which consist of Native Hawaiian educational organizations, Native Hawaiian community-based organizations, public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language, charter schools, and consortia of the organizations, agencies, and institutions to carry out programs that meet the purposes of the NHE program; and

(b) Native Hawaiian educational organizations, Native Hawaiian community-based organizations, public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language, charter schools, and consortia of the organizations, agencies, and institutions to carry out programs that meet the purposes of the NHE program that otherwise would have been eligible to apply for an award in FY 2026 under the NHE program if the Department had held a competition.

The Secretary certifies that the proposed waiver and extension would not have a significant economic impact on these entities because the extension of an existing project period imposes minimal compliance costs, and the activities required to support the additional year of funding would not impose additional regulatory burdens or require unnecessary Federal supervision.

Paperwork Reduction Act of 1995

This notice of proposed waiver and extension of the project period does not contain any information collection requirements.

Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT , individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 ( printed page 34188) file, braille, large print, audiotape, or compact disc, or other accessible format.

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 Federal Regulations via the Federal Digital System at: www.govinfo.gov. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov.

91 FR 34186