Drug Free Schools and Communities Act Regional Centers Grant Program

DEPARTMENT OF EDUCATION

Office of Elementary and Secondary Education

34 CFR Part 75

Drug Free Schools and Communities Act Regional Centers Grant

Program

AGENCY: Department of Education.

ACTION: Waiver of a rule.

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SUMMARY: The Department proposes to waive the rule at 34 CFR 75.261 in

order to extend the project period under the Drug-Free Schools and

Communities Act (DFSCA) Regional Centers Program from 48 months to 60

months. This action will allow services under this program to continue

uninterrupted, and will result in the awarding of 12-month continuation

awards to each of the five existing grantees, using fiscal year (FY)

1994 funds.

DATES: Comments must be received by February 17, 1994.

ADDRESSES: Comments should be sent to the Division of Drug-Free Schools

and Communities, U.S. Department of Education, 400 Maryland Avenue,

SW., room 2123, Washington, DC, 20202-6439.

FOR FURTHER INFORMATION CONTACT: Kimberly C. Light, Division of Drug-

Free Schools and Communities. Telephone: (202) 401-1599. Individuals

who use a telecommunications device for the deaf (TDD) may call the

Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8

a.m. and 8 p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Regional Centers Program is authorized

by sections 5111(a)(1) and 5135 of the DFSCA, which is part of the

Elementary and Secondary Education Act (ESEA). Appropriations for the

Regional Centers Program were authorized through September 30, 1993 by

the DFSCA. Section 414 of the General Education Provisions Act (GEPA)

authorizes an automatic extension of the DFSCA through FY 1994

(September 30, 1994). The Congress is considering reauthorization of

the DFSCA, but final action on the reauthorization is not expected

until late in FY 1994.

In FY 1990, the Department awarded cooperative agreements for five

Regional Centers to provide training and technical assistance services

in drug education and prevention to State educational agencies, local

educational agencies, and institutions of higher education. The centers

were each given a project period of 48 months, based on the project

period announced in the Friday, September 15, 1989, Federal Register.

Since FY 1990, these centers have been maintained through continuation

awards in three subsequent fiscal years (FY 1991, FY 1992, and FY

1993). Each center has received approximately $3 million per year.

Based on the automatic extension authorized under section 414 of

GEPA, projects authorized under sections 5111(a)(1) and 5135 of the

DFSCA can be funded in FY 1994 as well. Any funding after FY 1994 would

be dependent on future Congressional action with no guarantee that

projects funded under the current authorization could be supported.

If a new competition under the existing legislation were held in FY

1994, the projects could only be funded for a limited project period of

12 months. In the past, it has taken new centers up to a year to

``start up,'' given the scope and complexity of the services they

provide and the time it takes to hire qualified staff and develop plans

and relationships that are responsive to clients in their regions. The

Assistant Secretary believes that starting new centers in FY 1994 for

only 12 months would severely disrupt the quality and level of center

services. Holding a competition in FY 1994 would impose considerable

costs at the Federal level without a guarantee that the new centers

would be able to provide the technical assistance necessary to school

districts as the Department moves to implement Goals 2000 and the new

ESEA.

Therefore, the Assistant Secretary proposes, in the best interests

of the Federal Government, to extend the current projects for one

additional year with the Federal Government bearing the cost. This

proposal is consistent with the President's mandate to implement cost-

effective, cost-saving initiatives. In order to make these cost

extensions, the Assistant Secretary must waive the regulation at 34 CFR

75.261, which permits extensions of projects only at no cost to the

Federal Government. In consideration of the foregoing, the Assistant

Secretary proposes to waive 34 CFR 75.261 as applied to the DFSCA

Regional Centers Program during FY 1994.

Regulatory Flexibility Act Certification

The Assistant Secretary certifies that this waiver would not have a

significant economic impact on a substantial number of small entities.

The limited number of entities affected by this waiver are current

centers and potential applicants under a new competition with a limited

project period of 12 months.

Paperwork Reduction Act of 1980

This waiver has been examined under the Paperwork Reduction Act of

1980 and has been found to contain no information collection

requirements.

Intergovernmental Review

This program is subject to the requirements of Executive Order

12372 and the regulations in 34 CFR Part 79. The objective of the

Executive order is to foster an intergovernmental partnership and a

strengthened federalism by relying on processes developed by State and

local governments for coordination and review of proposed Federal

financial assistance. In accordance with this order, this document is

intended to provide early notification of the Department's specific

plans and actions for this program.

Invitation to Comment: Interested persons are invited to submit

comments and recommendations regarding this waiver of 34 CFR 75.261

under the DFSCA Regional Centers Program. All comments submitted in

response to this proposed one-year waiver will be available for public

inspection, during and after the comment period, in Room 2123, 400

Maryland Avenue SW, Washington, DC, between the hours of 8:30 a.m. and

4 p.m., Monday through Friday of each week except on Federal holidays.

Assessment of Educational Impact

The Secretary particularly requests comments on whether this waiver

would require transmission of information that is being gathered by or

is available from any other agency or authority of the United States.

List of Subjects in 34 CFR Part 75

Education Department, Grant programs--education, Grant

administration, Incorporation by reference.

Dated: January 10, 1994.

(Catalog of Federal Domestic Assistance Number 84.188A Regional

Centers Program)

Thomas W. Payzant,

Assistant Secretary, Elementary and Secondary Education.

[FR Doc. 94-1117 Filed 1-14-94; 8:45 am]

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