SUPPLEMENTARY INFORMATION:

Background

On May 28, 2026, the Department published a notice in the Federal Register (91 FR 31682) proposing a waiver and extension of the project period with funding to enable one project under ALN 84.351A to receive continuation funding for an additional 12-month period, not to exceed September 30, 2027. The waiver would allow the Department to issue a continuation award in FY 2026 to the currently funded ALN 84.351A Arts in Education National Program (AENP) project at an amount consistent with the amount awarded in FY 2025 extension.

There are no differences between the notice of proposed waiver and extension of the project period with funding and this notice of final waiver and extension of the project period with funding, as discussed in the Analysis of Comments and Changes section of this document.

Public Comment

In response to our invitation in the notice of proposed waiver and extension of the project period with funding, two parties submitted a comment. ( printed page 53720)

Generally, we do not address technical and other minor changes or suggested changes. The law does not authorize us to make such changes under the applicable statutory authority. In addition, we do not address general comments that raised concerns not directly related to the proposed waiver and extension with funding.

Analysis of Comments and Changes

An analysis of the comments to the proposed waiver and extension follows.

Comments: Two commenters submitted comments in support of the extension of funding, stating the funding is necessary to serve children and youth, specifically those with disabilities or from low-income families.

One of the commenters expressed that the final waiver should better explain why “bridge-funding” for FY 2026 is necessary, how the grantee's current project has performed, what alternatives to bridge-funding were considered, and how the Department plans to ensure a fair and unbiased competition in 2027.

Discussion: We appreciate the support for the funding extension for AENP. We agree that the funding will continue to assist children and youth, particularly those with disabilities or from low-income families. All grantees are monitored through a comprehensive review of their progress and compliance, and program officers evaluate whether grantees are meeting approved milestones and making substantial progress toward both program level and project-specific performance measures. A commenter described this waiver as “bridge-funding,” but that characterization does not accurately reflect the proposed waiver and extension. The purpose of this waiver and extension is to provide a continuation award in FY 2026 for the currently funded AENP project, at an amount consistent with the FY 2025 extension.

The Department considered alternatives, such as holding a new competition, but ultimately determined that, given available resources and needing ample time for planning a competition, the agency could meet the congressional directive by extending the grant.

It is important to note that the Education Department General Administrative Regulations and other relevant grant regulations and statutory authorities govern how we conduct grant competitions and award new grants. The Department will continue to use these authorities in FY 2027 to ensure our commitment to conducting fair and unbiased grant competitions.

Changes: None.

Final Waiver and Extension of the Project Period With Funding

The Department believes that it is in the public interest to extend the AENP program in lieu of running a new competition in FY 2026.

Extending the project end dates of the ANEP grant for one year allows for efficient continuity of arts services. Pending FY 2027 appropriations, there may be new competitions for eligible applicants.

For these reasons, the Department waives the requirements in 34 CFR 75.261(b)(2), which allow the extension of a project period only if the extension does not involve the obligation of additional Federal funds. The waiver allows the Department to issue a continuation award in FY 2026 to the currently funded ALN 84.351A AENP project at an amount consistent with the amount awarded in the FY 2025 extension.

Any activities carried out during the year of this continuation award must be consistent with, or a logical extension of, the scope, goals, and objectives of the grantee's application as approved in the FY 2022 competition. The requirements for continuation awards are set forth in 34 CFR 75.253.

Regulatory Flexibility Act Certification

The Secretary certifies that this proposed regulatory action would not have a substantial economic impact on a substantial number of small entities. The extension of the 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. The only entity that is affected by the waiver and extension of the project period is the one ALN 84.351A grantee.

Paperwork Reduction Act of 1995

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

Intergovernmental Review

This action is subject to Executive Order 12372 and the regulations in 34 CFR part 79.

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 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 at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register , in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

Authority: 20 U.S.C. 1221e-3 and 3474.

91 FR 53719