Drug-Free Schools and Communities Act Regional Centers Program

DEPARTMENT OF EDUCATION

34 CFR Part 75

Drug-Free Schools and Communities Act Regional Centers Program

AGENCY: Department of Education.

ACTION: Waiver of a rule.

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SUMMARY: The Department waives 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.

EFFECTIVE DATE: April 13, 1994.

FOR FURTHER INFORMATION CONTACT: Kimberly C. Light, U.S. Department of

Education, 400 Maryland Avenue, SW., Washington, DC 20202-6439.

Telephone: (202) 260-2647. 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, in the best interests of the

Federal Government, extends the current projects for one additional

year with the Federal Government bearing the cost. This action is

consistent with the President's mandate to implement cost-effective,

cost-saving initiatives. In order to make these cost extensions, the

Assistant Secretary waives the rule 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 waives 34 CFR

75.261 as applied to the DFSCA Regional Centers Program during FY 1994.

On January 18, 1994 the Assistant Secretary published a notice

proposing this waiver in the Federal Register (59 FR 2549).

Public Comment

In the notice, the Assistant Secretary invited comments on the

proposed waiver. Seven parties submitted comments and all supported the

proposal to waive the rule and extend the current project period for

one additional year. The Assistant Secretary has made no changes in the

waiver since publication of the proposed notice.

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.

Assessment of Educational Impact

In the notice proposing this waiver, the Assistant Secretary

requested comments on whether the proposed waiver would require

transmission of information that is being gathered by or is available

from any other agency or authority of the United States. Based upon the

response to the proposed waiver and on its own review, the Department

has determined that this waiver does not require 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.

(Catalog of Federal Domestic Assistance Number 84.188A Regional

Centers Program)

Dated: April 7, 1994.

Thomas W. Payzant,

Assistant Secretary, Elementary and Secondary Education.

[FR Doc. 94-8888 Filed 4-12-94; 8:45 am]

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