American Recovery and Reinvestment Act of 2009 (ARRA); Title I, Part A of the Elementary and Secondary Education Act of 1965, as Amended (ESEA); Part B, Section 611 of the Individuals With Disabilities Education Act (IDEA), 41402-41406 [E9-19662]
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
statutory maintenance-of-effort (MOE)
requirements and the process through
which a State applies for an MOE
waiver.
Requests for copies of the proposed
information collection request may be
accessed from https://edicsweb.ed.gov,
by selecting the ‘‘Browse Pending
Collections’’ link and by clicking on
link number 4111. When you access the
information collection, click on
‘‘Download Attachments’’ to view.
Written requests for information should
be addressed to U.S. Department of
Education, 400 Maryland Avenue, SW.,
LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to ICDocketMgr@ed.gov or faxed
to 202–401–0920. Please specify the
complete title of the information
collection when making your request.
Comments regarding burden and/or
the collection activity requirements
should be electronically mailed to
ICDocketMgr@ed.gov. Individuals who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
[FR Doc. E9–19716 Filed 8–14–09; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
Department of Education.
SUMMARY: The Director, Information
Collection Clearance Division,
Regulatory Information Management
Services, Office of Management invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments on or before
September 16, 2009.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503, be faxed to (202) 395–5806 or
send e-mail to
oira_submission@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY:
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consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The IC Clearance
Official, Regulatory Information
Management Services, Office of
Management, publishes that notice
containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g., new, revision, extension, existing
or reinstatement; (2) Title; (3) Summary
of the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
Dated: August 11, 2009.
Angela C. Arrington,
Director, Information Collection Clearance
Division, Regulatory Information
Management Services, Office of Management.
Office of Special Education and
Rehabilitative Services
Type of Review: New.
Title: Needs Assessment and
Workplan Guide for the Technical
Assistance and Continuing Education
Program.
Frequency: Three times per year.
Affected Public: Individuals or
households.
Reporting and Recordkeeping Hour
Burden:
Responses: 10.
Burden Hours: 1,067.
Abstract: Technical Assistance and
Continuing Education Centers are
required to conduct needs assessment of
state vocational rehabilitation agencies
and their partners in their regions, and
create workplans to address the needs
they identify. This guide establishes the
requirements for, and information to be
reported about, those activities.
Requests for copies of the information
collection submission for OMB review
may be accessed from https://
edicsweb.ed.gov, by selecting the
‘‘Browse Pending Collections’’ link and
by clicking on link number 4110. When
you access the information collection,
click on ‘‘Download Attachments ’’ to
view. Written requests for information
should be addressed to U.S. Department
of Education, 400 Maryland Avenue,
SW., LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to the Internet address
ICDocketMgr@ed.gov or faxed to 202–
PO 00000
Frm 00037
Fmt 4703
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401–0920. Please specify the complete
title of the information collection when
making your request.
Comments regarding burden and/or
the collection activity requirements
should be electronically mailed to
ICDocketMgr@ed.gov. Individuals who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
1–800–877–8339.
[FR Doc. E9–19715 Filed 8–14–09; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket ID ED–2009–OESE–0011]
RIN 1810–AB05
American Recovery and Reinvestment
Act of 2009 (ARRA); Title I, Part A of
the Elementary and Secondary
Education Act of 1965, as Amended
(ESEA); Part B, Section 611 of the
Individuals With Disabilities Education
Act (IDEA)
AGENCY: Office of Elementary and
Secondary Education; Office of Special
Education and Rehabilitative Services,
U.S. Department of Education.
ACTION: Notice of proposed adjustments
to statutory caps on State
administration.
SUMMARY: The U.S. Secretary of
Education (Secretary) proposes to adjust
the statutory caps on State
administration under Title I, part A of
the Elementary and Secondary
Education Act of 1965, as amended
(Title I, part A), and part B, section 611
of the Individuals with Disabilities
Education Act (IDEA) with respect to
funds available for those programs
under the American Recovery and
Reinvestment Act of 2009 (ARRA),
Public Law 111–5. The proposed
adjustments would allow State
educational agencies (SEAs) to reserve
State administrative funds from their
fiscal year (FY) 2009 ARRA allocations
under Title I, part A and section 611 of
IDEA to help defray the costs of data
collections that are specifically related
to ARRA funding for these programs
(including, for Title I, part A, data
collection related to waivers). This
notice only affects administrative costs
for data collection under Title I, part A
and IDEA section 611; for costs
associated with other ARRA data
collections, SEAs may use a portion of
the State’s Government Services grant
under the State Fiscal Stabilization
Funds or funds allowable for that
purpose under individual programs.
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
DATES: We must receive your comments
on or before September 16, 2009.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by e-mail. Please
submit your comments only one time in
order to ensure that we do not receive
duplicate copies. In addition, please
include the Docket ID and the term
‘‘State Administration’’ at the top of
your comments.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov to submit
your comments electronically.
Information on using Regulations.gov,
including instructions for accessing
agency documents, submitting
comments, and viewing the docket, is
available on the site under ‘‘How To Use
This Site.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery. If you mail or deliver
your comments about these proposed
adjustments, address them to Dr. Zollie
Stevenson, Jr., U.S. Department of
Education, 400 Maryland Avenue, SW.,
Room 3W230, Washington, DC 20202–
7241.
• Privacy Note: The Department’s
policy for comments received from
members of the public (including those
comments submitted by mail,
commercial delivery, or hand delivery)
is to make these submissions available
for public viewing in their entirety on
the Federal eRulemaking Portal at
https://www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available on the Internet.
If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
FOR FURTHER INFORMATION CONTACT: Dr.
Zollie Stevenson, Jr., Telephone: (202)
260–0826 or by e-mail:
Zollie.Stevenson@ed.gov.
SUPPLEMENTARY INFORMATION: Invitation
To Comment: We invite you to submit
comments regarding this notice. To
ensure that your comments have
maximum effect in developing the final
notice, we urge you to identify clearly
the specific proposed provision that
each comment addresses.
We invite you also to assist us in
complying with the specific
requirements of Executive Order 12866
and its overall requirement of reducing
regulatory burden that might result from
these proposed adjustments. Please let
us know of any further ways we could
reduce potential costs or increase
potential benefits while preserving the
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17:55 Aug 14, 2009
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effective and efficient administration of
these programs.
During and after the comment period,
you may inspect all public comments
about this notice by accessing
Regulations.gov. You may also inspect
the comments in person, in Room
3W100, 400 Maryland Avenue, SW.,
Washington, DC, between the hours of
8:30 a.m. and 4:00 p.m., Washington,
DC time, Monday through Friday of
each week except Federal holidays.
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 this notice. 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.
Purpose of Programs: The ARRA
provides billions of dollars in new
funding for education in order to ‘‘jumpstart’’ school reform efforts and to serve
special populations while also saving
and creating jobs and stimulating the
economy. In particular, the ARRA
provides $10 billion in new funding
under Title I, part A and $11.3 billion
in new funding under IDEA part B,
section 611. Title I, part A provides
assistance through SEAs to local
educational agencies (LEAs) and schools
with high concentrations of students
from families that live in poverty to
strengthen teaching and learning for
students at risk of failing to meet State
academic achievement standards and to
close the achievement gap. Section 611
of IDEA provides funds through SEAs to
LEAs to help them ensure that children
with disabilities, from ages three
through 21, have access to a free
appropriate public education to meet
each child’s unique needs and prepare
each child for further education,
employment, and independent living.
Program Authority: Division A, Title
XV, section 1552 of the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5; 20 U.S.C. 6301 et
seq. (Title I, part A); 20 U.S.C. 1400 et
seq. (IDEA section 611).
Background
Section 1552 of the ARRA authorizes
the Secretary, after following the notice
and comment rulemaking requirements
under the Administrative Procedure Act
(5 U.S.C. 500), to ‘‘reasonably adjust
applicable limits on administrative
expenditures for Federal awards to help
[States] defray the costs of data
collection requirements initiated
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41403
pursuant to [the ARRA].’’ Both Title I,
part A and section 611 of IDEA,
programs that received significant
funding increases through the ARRA,
have caps on the amount of funds for
State administration that an SEA may
reserve from its allocations for these
programs.
Specifically, section 1004(b) of the
ESEA restricts the amount of funds an
SEA may reserve for State
administration from its Title I, part A
allocation to no more than one percent
of the amount the SEA would receive
under Title I, part A, if $14 billion were
appropriated for parts A, C, and D of
Title I (with any SEA whose amount
under section 1004(b) would be less
than $400,000 permitted to reserve up to
$400,000). The total amount
appropriated in FY 2009 exceeds $14
billion, triggering this cap. Similarly,
section 611(e)(1) of IDEA restricts the
amount of funds an SEA may reserve for
administration of the program to not
more than the maximum amount the
SEA was eligible to reserve for FY 2004
or $800,000 (adjusted annually for
inflation), whichever is greater. (The
Secretary is not proposing an
adjustment to the cap on State
administration under section 619 of
IDEA because, under section 619(e) of
IDEA, the Department has concluded
that the ARRA appropriation for section
619 results in a sufficient increase in the
amount an SEA may reserve for State
administration under that program.)
The ARRA imposes a number of
specific data collection and reporting
requirements on an SEA that
substantially increase its data burden in
administering Title I, part A and IDEA
section 611. Specifically, the ARRA data
collection requirements affecting Title I,
part A include, but are not limited to,
the following:
• Each LEA that receives Title I, part
A ARRA funds must provide to its SEA,
by December 1, 2009, a school-by-school
listing of per-pupil education
expenditures from State and local
sources during school year 2008–09.
The SEA, in turn, must submit this
information to the Department by March
31, 2010. This is a new data collection,
as most SEAs do not currently collect
this school-level information from their
LEAs.
• Under section 1512 of the ARRA, an
SEA must report, on a quarterly basis,
specific information regarding its
obligation and use of Title I, part A
ARRA funds.
• Under 2 CFR 176.210, an SEA and
its LEAs must track Title I, part A ARRA
funds separately from their regular FY
2009 allocations, which will necessitate
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
increased data management and
collection.
• An SEA will likely assume
increased administrative responsibilities
in a number of other areas related to
ARRA data collection activities,
including the following:
Æ Providing guidance to LEAs
regarding ARRA data quality, and
monitoring the quality of the ARRA data
that LEAs must provide.
Æ Data collection related to
monitoring and auditing LEAs’ use of
Title I, part A ARRA funds.
Æ Submitting requests for waivers of
Title I, part A requirements related to
ARRA funds.
Æ Collecting data to address the
criteria involving Title I, part A for
‘‘Race to the Top’’ submissions and
other activities.
Æ Supporting data collection
activities affecting Title I, part A ARRA
funds and ARRA School Improvement
Grants under section 1003(g) of the
ESEA.
Æ Addressing additional data
collection requirements that could affect
Title I, part A ARRA funds.
Similarly, the ARRA data collection
requirements affecting the programs
funded through section 611 of IDEA
include, but are not limited to, the
following:
• Under section 1512 of the ARRA, an
SEA must report, on a quarterly basis,
specific information regarding its
obligation and use of IDEA section 611
ARRA funds.
• Under 2 CFR 176.210, an SEA and
its LEAs must track IDEA, section 611
ARRA funds separately from their
regular FY 2009 allocations, which will
necessitate increased data management
and collection.
• An SEA will likely assume
increased administrative responsibilities
in a number of other areas related to
ARRA data collection activities,
including the following:
Æ Providing guidance to LEAs
regarding ARRA data quality and
monitoring the quality of the ARRA data
that LEAs must provide.
Æ Data collection related to
monitoring and auditing LEAs’ use of
IDEA section 611 ARRA funds.
Æ Addressing additional data
collection requirements that could affect
the programs funded under section 611
of IDEA.
The ARRA includes additional data
requirements that an SEA must
implement under Title I, part A and
IDEA section 611 that Congress could
not have contemplated when initially
establishing the administrative caps for
both of these programs. In the absence
of the ARRA, an SEA already has many
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responsibilities for ensuring that its
LEAs carry out their Title I, part A and
IDEA section 611 programs properly in
order to achieve program goals and
follow program requirements that
require expending administrative funds
in order to ensure that programs are
carried out effectively. Similarly, the
new ARRA responsibilities related to
data collection also will require an SEA
to expend administrative resources.
In recognition of these additional
ARRA administrative responsibilities
that an SEA will assume, pursuant to
his authority in section 1552 of the
ARRA, the Secretary is proposing in this
notice to adjust the caps on State
administration under Title I, part A and
section 611 of IDEA to help an SEA
defray the costs of implementing the
data collection requirements that are
associated with the ARRA.
We note that the proposed
adjustments reflect the Department’s
intention to provide SEAs with
additional administrative funds to help
them meet ARRA data collection
requirements without substantially
diminishing Title I, part A and IDEA
section 611 resources at the LEA level.
The Department’s proposal for Title I,
part A and IDEA section 611 is based on
a percentage of the amount each SEA
receives under each of these programs
through the ARRA. We arrived at the
proposed percentages, floors and
ceilings following consultations with
staff in several SEAs, our own
experience with data collections, a
review of the ARRA data collection
requirements, and consideration of the
amounts SEAs can currently reserve for
administration under both programs.
The proposal includes (1) A floor to
the amount that could be adjusted that
would enable SEAs, on average, to add
at least the equivalent of one additional
full-time-equivalent (FTE) employee for
each program, and (2) a ceiling that,
although limiting the amount that could
be adjusted, would enable SEAs, on
average, to add ten FTEs for Title I, part
A and five FTEs for IDEA section 611.
The Department is proposing a higher
percentage for Title I, part A than IDEA
section 611 because there are more
ARRA-related data collection activities
associated with Title I, part A.
Proposed Adjustments
Title I, Part A:
Notwithstanding section 1004(b) of
the ESEA and 34 CFR 200.100(b)(3), the
Secretary proposes under Title I, part A
to:
1. Provide administrative funds to
support ARRA data collection excluding
data collection for obtaining and
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Frm 00039
Fmt 4703
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implementing Title I, part A waivers
related to the ARRA and maintenance
of effort. The Secretary proposes to
adjust the statutory cap on State
administration under section 1004(b) of
the ESEA to permit an SEA to reserve,
from its FY 2009 Title I, part A
allocation, an amount equal to or less
than the figure shown for the SEA in
Column 2 in Table 1 to help defray the
costs associated with Title I, part A
ARRA data collection. The amount
shown in Column 2 for each State is
equal to .3 percent of the portion of the
State’s FY 2009 Title I, part A allocation
attributable to the ARRA, or $600,000,
whichever is less.1 A State’s amount in
Column 2 is $100,000 if .3 percent of the
State’s Title I, part A ARRA allocation
is less than $100,000.
2. Provide administrative funds to
support ARRA data collection including
data collection for obtaining and
implementing Title I, part A waivers
related to the ARRA and maintenance
of effort. The Secretary proposes to
allow an SEA that requests and receives
a waiver under section C (Waivers
related to Title I, part A ARRA Funds)
or section E (Waivers of Maintenance of
Effort for LEAs) of the Department’s
Non-Regulatory Guidance on Title I,
part A Waivers 2 (Title I, part A Waiver
Guidance) to reserve a larger amount of
additional administrative funds than it
would otherwise be permitted to
reserve. Specifically, in this case, the
Secretary proposes to permit an SEA to
reserve, from its FY 2009 Title I, part A
allocation, an amount equal to or less
than the figure shown for the State in
Column 3 in Table 1. These funds can
help defray the costs associated with
Title I, part A ARRA data collection,
including additional data collection
costs that an SEA may incur in
processing requests from its LEAs that
wish to benefit from the SEA’s waiver.
These additional resources also should
provide the SEA with an incentive to
use the process for obtaining waivers
outlined in the Title I, part A Waiver
Guidance.
The amount shown in Column 3 for
each State is equal to .5 percent of the
portion of the State’s FY 2009 Title I,
part A allocation attributable to the
ARRA, or $1,000,000, whichever is less.
A State’s amount in Column 3 is
1 The U.S. Department of Education’s budget page
[available at https://www.ed.gov/about/overview/
budget/statetables/10stbyprogram.pdf] shows the
amount each State received in Title I, Part A ARRA
funds.
2 The guidance provides comprehensive
information on how to request a waiver of specific
statutory and regulatory provisions of Title I, part
A and is available at [https://www.ed.gov/programs/
titleiparta/title-i-waiver.doc].
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$200,000 if .5 percent of the State’s Title
I, part A ARRA allocation is less than
$200,000.
The amount in Column 2 or 3 that
each SEA may reserve, as proposed in
this notice, is in addition to the amount
the SEA is able to reserve for State
administration under section 1004(b) of
the ESEA.
Note: An SEA may only reserve additional
funds for administration up to the amount
shown in Column 3 if it has received a
41405
waiver from the Department under section C
or E of the Title I, part A Waiver Guidance.
An SEA that has not received such a waiver
may only reserve additional funds for
administration up to the amount shown in
Column 2. (Each column represents a total;
the amounts are not cumulative.)
TABLE 1—(TITLE I, PART A)
Column 2
(Administrative
funds for ARRA
data collection
excluding data
collection for
waivers)*
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Column 1
Alabama ...........................................................................................................................................................
Alaska ..............................................................................................................................................................
Arizona .............................................................................................................................................................
Arkansas ..........................................................................................................................................................
California ..........................................................................................................................................................
Colorado ..........................................................................................................................................................
Connecticut ......................................................................................................................................................
Delaware ..........................................................................................................................................................
District Of Columbia .........................................................................................................................................
Florida ..............................................................................................................................................................
Georgia ............................................................................................................................................................
Hawaii ..............................................................................................................................................................
Idaho ................................................................................................................................................................
Illinois ...............................................................................................................................................................
Indiana .............................................................................................................................................................
Iowa .................................................................................................................................................................
Kansas .............................................................................................................................................................
Kentucky ..........................................................................................................................................................
Louisiana ..........................................................................................................................................................
Maine ...............................................................................................................................................................
Maryland ..........................................................................................................................................................
Massachusetts .................................................................................................................................................
Michigan ...........................................................................................................................................................
Minnesota ........................................................................................................................................................
Mississippi ........................................................................................................................................................
Missouri ............................................................................................................................................................
Montana ...........................................................................................................................................................
Nebraska ..........................................................................................................................................................
Nevada .............................................................................................................................................................
New Hampshire ...............................................................................................................................................
New Jersey ......................................................................................................................................................
New Mexico .....................................................................................................................................................
New York .........................................................................................................................................................
North Carolina ..................................................................................................................................................
North Dakota ....................................................................................................................................................
Ohio .................................................................................................................................................................
Oklahoma .........................................................................................................................................................
Oregon .............................................................................................................................................................
Pennsylvania ....................................................................................................................................................
Puerto Rico ......................................................................................................................................................
Rhode Island ....................................................................................................................................................
South Carolina .................................................................................................................................................
South Dakota ...................................................................................................................................................
Tennessee .......................................................................................................................................................
Texas ...............................................................................................................................................................
Utah .................................................................................................................................................................
Vermont ...........................................................................................................................................................
Virginia .............................................................................................................................................................
Washington ......................................................................................................................................................
West Virginia ....................................................................................................................................................
Wisconsin .........................................................................................................................................................
Wyoming ..........................................................................................................................................................
$488,908
100,000
585,262
333,276
600,000
333,408
212,143
100,000
112,807
600,000
600,000
100,000
104,867
600,000
506,031
154,491
212,604
466,044
531,470
111,553
407,875
491,041
600,000
284,133
398,665
443,185
103,950
143,427
210,378
100,000
548,914
242,410
600,000
600,000
100,000
600,000
328,328
281,207
600,000
600,000
107,503
428,517
103,950
582,225
600,000
148,609
100,000
496,056
405,369
182,944
443,188
100,000
Column 3
(Administrative
funds for ARRA
data collection
including data
collection for
waivers*
$814,846
200,000
975,437
555,461
1,000,000
555,680
353,571
200,000
200,000
1,000,000
1,000,000
200,000
200,000
1,000,000
843,385
257,485
354,340
776,739
885,784
200,000
679,792
818,401
1,000,000
473,555
664,442
738,642
200,000
239,045
350,631
200,000
914,856
404,017
1,000,000
1,000,000
200,000
1,000,000
547,213
468,678
1,000,000
1,000,000
200,000
714,195
200,000
970,374
1,000,000
247,681
200,000
826,760
675,615
304,906
738,647
200,000
* For the purposes of this table, ‘‘waivers’’ refer to waivers described in section C or E of the Title I, part A Waiver Guidance that have been
obtained by an SEA from the Department.
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
IDEA section 611:
Notwithstanding section 611(c)(1) of
IDEA and 34 CFR 300.704(a), the
Secretary proposes to adjust the
statutory cap on State administration to
permit an SEA to reserve an amount
from its FY 2009 IDEA section 611
ARRA allocation equal to or less than
the figure shown for such State in
Column 2 in Table 2 to help defray the
costs associated with ARRA data
collection under IDEA section 611. The
amount for each State shown in Column
2 is equal to .1 percent of the portion of
the State’s FY 2009 IDEA section 611
allocation attributable to the ARRA, or
$500,000, whichever is less.3 A State’s
amount in Column 2 is $100,000 if .1
percent of the State’s IDEA section 611
ARRA allocation is less than $100,000.
The amount each SEA may reserve, as
proposed in this notice, is in addition to
the amount the SEA is able to reserve
for State administration under section
611(e)(1) of the IDEA.
TABLE 2—IDEA SECTION 611
mstockstill on DSKH9S0YB1PROD with NOTICES
Column 1
Alabama ................................
Alaska ...................................
Arizona ..................................
Arkansas ...............................
California ...............................
Colorado ...............................
Connecticut ...........................
Delaware ...............................
District Of Columbia .............
Florida ...................................
Georgia .................................
Hawaii ...................................
Idaho .....................................
Illinois ....................................
Indiana ..................................
Iowa ......................................
Kansas ..................................
Kentucky ...............................
Louisiana ..............................
Maine ....................................
Maryland ...............................
Massachusetts ......................
Michigan ...............................
Minnesota .............................
Mississippi ............................
Missouri ................................
Montana ................................
Nebraska ..............................
Nevada .................................
New Hampshire ....................
New Jersey ...........................
New Mexico ..........................
New York ..............................
North Carolina ......................
North Dakota ........................
Ohio ......................................
Oklahoma .............................
Column 2
$181,865
100,000
178,476
112,178
500,000
148,731
132,971
100,000
100,000
500,000
313,758
100,000
100,000
500,000
253,535
122,095
106,872
157,570
188,750
100,000
200,242
280,552
400,608
189,839
117,836
227,175
100,000
100,000
100,000
100,000
360,691
100,000
500,000
314,410
100,000
437,736
147,925
3 The U.S. Department of Education’s budget page
[available at https://www.ed.gov/about/overview/
budget/statetables/10stbyprogram.pdf] shows the
amount each State received in IDEA section 611
ARRA funds.
VerDate Nov<24>2008
17:55 Aug 14, 2009
Jkt 217001
TABLE 2—IDEA SECTION 611—
Continued
Column 1
Column 2
Oregon ..................................
Pennsylvania ........................
Puerto Rico ...........................
Rhode Island ........................
South Carolina ......................
South Dakota ........................
Tennessee ............................
Texas ....................................
Utah ......................................
Vermont ................................
Virginia ..................................
Washington ...........................
West Virginia ........................
Wisconsin .............................
Wyoming ...............................
128,979
427,178
109,098
100,000
173,240
100,000
229,613
500,000
105,541
100,000
281,415
221,357
100,000
208,200
100,000
Note: The proposed adjustments in this
notice are based on funds available to each
State under the ARRA and do not permit an
SEA to increase the amount available for
State administration from its regular FY 2009
Title I, part A allocation or its regular FY
2009 IDEA section 611 allocation in excess
of the respective statutory cap. Also, the
adjustments in this notice to the amounts an
SEA may reserve for administration under
Title I, part A and IDEA section 611 do not
apply to the reservation of funds for
administration in subsequent years (i.e., Title
I, part A and IDEA section 611 allocations for
Federal Fiscal Year 2010 and beyond).
Executive Order 12866:
Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and
therefore subject to the requirements of
the Executive Order and subject to
review by OMB. Section 3(f) of
Executive Order 12866 defines a
‘‘significant regulatory action’’ as an
action likely to result in a rule that may
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments, or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule); (2) create serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) materially alter the
budgetary impacts of entitlement grants,
user fees, or loan programs or the rights
and obligations of recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive order.
Pursuant to the Executive order, the
Secretary has determined that this
regulatory action is significant under
section 3(f)(4) of the Executive order.
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
This notice has been reviewed in
accordance with Executive Order 12866.
Under the terms of the order, we have
assessed the potential costs and benefits
of this proposed regulatory action and
we have determined that the benefits of
the proposed adjustments justify the
costs.
We have determined, also, that this
proposed regulatory action does not
unduly interfere with State, local, and
tribal governments in the exercise of
their governmental functions.
Regulatory Flexibility Act
Certification: The Secretary certifies that
this proposed regulatory action will not
have a significant economic impact on
a substantial number of small entities.
The only entities affected by this
proposed regulatory action are States,
which are not considered small entities.
Accessible Format: Individuals with
disabilities may obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or computer diskette)
on request to the program contact
person listed under FOR FURTHER
INFORMATION CONTACT.
Electronic Access to This Document:
You may view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Dated: August 12, 2009.
Arne Duncan,
Secretary of Education.
[FR Doc. E9–19662 Filed 8–14–09; 8:45 am]
BILLING CODE 4000–01–P
E:\FR\FM\17AUN1.SGM
17AUN1
Agencies
[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41402-41406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19662]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Docket ID ED-2009-OESE-0011]
RIN 1810-AB05
American Recovery and Reinvestment Act of 2009 (ARRA); Title I,
Part A of the Elementary and Secondary Education Act of 1965, as
Amended (ESEA); Part B, Section 611 of the Individuals With
Disabilities Education Act (IDEA)
AGENCY: Office of Elementary and Secondary Education; Office of Special
Education and Rehabilitative Services, U.S. Department of Education.
ACTION: Notice of proposed adjustments to statutory caps on State
administration.
-----------------------------------------------------------------------
SUMMARY: The U.S. Secretary of Education (Secretary) proposes to adjust
the statutory caps on State administration under Title I, part A of the
Elementary and Secondary Education Act of 1965, as amended (Title I,
part A), and part B, section 611 of the Individuals with Disabilities
Education Act (IDEA) with respect to funds available for those programs
under the American Recovery and Reinvestment Act of 2009 (ARRA), Public
Law 111-5. The proposed adjustments would allow State educational
agencies (SEAs) to reserve State administrative funds from their fiscal
year (FY) 2009 ARRA allocations under Title I, part A and section 611
of IDEA to help defray the costs of data collections that are
specifically related to ARRA funding for these programs (including, for
Title I, part A, data collection related to waivers). This notice only
affects administrative costs for data collection under Title I, part A
and IDEA section 611; for costs associated with other ARRA data
collections, SEAs may use a portion of the State's Government Services
grant under the State Fiscal Stabilization Funds or funds allowable for
that purpose under individual programs.
[[Page 41403]]
DATES: We must receive your comments on or before September 16, 2009.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by e-mail. Please submit your comments only
one time in order to ensure that we do not receive duplicate copies. In
addition, please include the Docket ID and the term ``State
Administration'' at the top of your comments.
Federal eRulemaking Portal: Go to https://www.regulations.gov to submit your comments electronically. Information
on using Regulations.gov, including instructions for accessing agency
documents, submitting comments, and viewing the docket, is available on
the site under ``How To Use This Site.''
Postal Mail, Commercial Delivery, or Hand Delivery. If you
mail or deliver your comments about these proposed adjustments, address
them to Dr. Zollie Stevenson, Jr., U.S. Department of Education, 400
Maryland Avenue, SW., Room 3W230, Washington, DC 20202-7241.
Privacy Note: The Department's policy for comments
received from members of the public (including those comments submitted
by mail, commercial delivery, or hand delivery) is to make these
submissions available for public viewing in their entirety on the
Federal eRulemaking Portal at https://www.regulations.gov. Therefore,
commenters should be careful to include in their comments only
information that they wish to make publicly available on the Internet.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
FOR FURTHER INFORMATION CONTACT: Dr. Zollie Stevenson, Jr., Telephone:
(202) 260-0826 or by e-mail: Zollie.Stevenson@ed.gov.
SUPPLEMENTARY INFORMATION: Invitation To Comment: We invite you to
submit comments regarding this notice. To ensure that your comments
have maximum effect in developing the final notice, we urge you to
identify clearly the specific proposed provision that each comment
addresses.
We invite you also to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
adjustments. 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 these programs.
During and after the comment period, you may inspect all public
comments about this notice by accessing Regulations.gov. You may also
inspect the comments in person, in Room 3W100, 400 Maryland Avenue,
SW., Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m.,
Washington, DC time, Monday through Friday of each week except Federal
holidays.
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 this notice. 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.
Purpose of Programs: The ARRA provides billions of dollars in new
funding for education in order to ``jump-start'' school reform efforts
and to serve special populations while also saving and creating jobs
and stimulating the economy. In particular, the ARRA provides $10
billion in new funding under Title I, part A and $11.3 billion in new
funding under IDEA part B, section 611. Title I, part A provides
assistance through SEAs to local educational agencies (LEAs) and
schools with high concentrations of students from families that live in
poverty to strengthen teaching and learning for students at risk of
failing to meet State academic achievement standards and to close the
achievement gap. Section 611 of IDEA provides funds through SEAs to
LEAs to help them ensure that children with disabilities, from ages
three through 21, have access to a free appropriate public education to
meet each child's unique needs and prepare each child for further
education, employment, and independent living.
Program Authority: Division A, Title XV, section 1552 of the
American Recovery and Reinvestment Act of 2009, Public Law 111-5; 20
U.S.C. 6301 et seq. (Title I, part A); 20 U.S.C. 1400 et seq. (IDEA
section 611).
Background
Section 1552 of the ARRA authorizes the Secretary, after following
the notice and comment rulemaking requirements under the Administrative
Procedure Act (5 U.S.C. 500), to ``reasonably adjust applicable limits
on administrative expenditures for Federal awards to help [States]
defray the costs of data collection requirements initiated pursuant to
[the ARRA].'' Both Title I, part A and section 611 of IDEA, programs
that received significant funding increases through the ARRA, have caps
on the amount of funds for State administration that an SEA may reserve
from its allocations for these programs.
Specifically, section 1004(b) of the ESEA restricts the amount of
funds an SEA may reserve for State administration from its Title I,
part A allocation to no more than one percent of the amount the SEA
would receive under Title I, part A, if $14 billion were appropriated
for parts A, C, and D of Title I (with any SEA whose amount under
section 1004(b) would be less than $400,000 permitted to reserve up to
$400,000). The total amount appropriated in FY 2009 exceeds $14
billion, triggering this cap. Similarly, section 611(e)(1) of IDEA
restricts the amount of funds an SEA may reserve for administration of
the program to not more than the maximum amount the SEA was eligible to
reserve for FY 2004 or $800,000 (adjusted annually for inflation),
whichever is greater. (The Secretary is not proposing an adjustment to
the cap on State administration under section 619 of IDEA because,
under section 619(e) of IDEA, the Department has concluded that the
ARRA appropriation for section 619 results in a sufficient increase in
the amount an SEA may reserve for State administration under that
program.)
The ARRA imposes a number of specific data collection and reporting
requirements on an SEA that substantially increase its data burden in
administering Title I, part A and IDEA section 611. Specifically, the
ARRA data collection requirements affecting Title I, part A include,
but are not limited to, the following:
Each LEA that receives Title I, part A ARRA funds must
provide to its SEA, by December 1, 2009, a school-by-school listing of
per-pupil education expenditures from State and local sources during
school year 2008-09. The SEA, in turn, must submit this information to
the Department by March 31, 2010. This is a new data collection, as
most SEAs do not currently collect this school-level information from
their LEAs.
Under section 1512 of the ARRA, an SEA must report, on a
quarterly basis, specific information regarding its obligation and use
of Title I, part A ARRA funds.
Under 2 CFR 176.210, an SEA and its LEAs must track Title
I, part A ARRA funds separately from their regular FY 2009 allocations,
which will necessitate
[[Page 41404]]
increased data management and collection.
An SEA will likely assume increased administrative
responsibilities in a number of other areas related to ARRA data
collection activities, including the following:
[cir] Providing guidance to LEAs regarding ARRA data quality, and
monitoring the quality of the ARRA data that LEAs must provide.
[cir] Data collection related to monitoring and auditing LEAs' use
of Title I, part A ARRA funds.
[cir] Submitting requests for waivers of Title I, part A
requirements related to ARRA funds.
[cir] Collecting data to address the criteria involving Title I,
part A for ``Race to the Top'' submissions and other activities.
[cir] Supporting data collection activities affecting Title I, part
A ARRA funds and ARRA School Improvement Grants under section 1003(g)
of the ESEA.
[cir] Addressing additional data collection requirements that could
affect Title I, part A ARRA funds.
Similarly, the ARRA data collection requirements affecting the
programs funded through section 611 of IDEA include, but are not
limited to, the following:
Under section 1512 of the ARRA, an SEA must report, on a
quarterly basis, specific information regarding its obligation and use
of IDEA section 611 ARRA funds.
Under 2 CFR 176.210, an SEA and its LEAs must track IDEA,
section 611 ARRA funds separately from their regular FY 2009
allocations, which will necessitate increased data management and
collection.
An SEA will likely assume increased administrative
responsibilities in a number of other areas related to ARRA data
collection activities, including the following:
[cir] Providing guidance to LEAs regarding ARRA data quality and
monitoring the quality of the ARRA data that LEAs must provide.
[cir] Data collection related to monitoring and auditing LEAs' use
of IDEA section 611 ARRA funds.
[cir] Addressing additional data collection requirements that could
affect the programs funded under section 611 of IDEA.
The ARRA includes additional data requirements that an SEA must
implement under Title I, part A and IDEA section 611 that Congress
could not have contemplated when initially establishing the
administrative caps for both of these programs. In the absence of the
ARRA, an SEA already has many responsibilities for ensuring that its
LEAs carry out their Title I, part A and IDEA section 611 programs
properly in order to achieve program goals and follow program
requirements that require expending administrative funds in order to
ensure that programs are carried out effectively. Similarly, the new
ARRA responsibilities related to data collection also will require an
SEA to expend administrative resources.
In recognition of these additional ARRA administrative
responsibilities that an SEA will assume, pursuant to his authority in
section 1552 of the ARRA, the Secretary is proposing in this notice to
adjust the caps on State administration under Title I, part A and
section 611 of IDEA to help an SEA defray the costs of implementing the
data collection requirements that are associated with the ARRA.
We note that the proposed adjustments reflect the Department's
intention to provide SEAs with additional administrative funds to help
them meet ARRA data collection requirements without substantially
diminishing Title I, part A and IDEA section 611 resources at the LEA
level. The Department's proposal for Title I, part A and IDEA section
611 is based on a percentage of the amount each SEA receives under each
of these programs through the ARRA. We arrived at the proposed
percentages, floors and ceilings following consultations with staff in
several SEAs, our own experience with data collections, a review of the
ARRA data collection requirements, and consideration of the amounts
SEAs can currently reserve for administration under both programs.
The proposal includes (1) A floor to the amount that could be
adjusted that would enable SEAs, on average, to add at least the
equivalent of one additional full-time-equivalent (FTE) employee for
each program, and (2) a ceiling that, although limiting the amount that
could be adjusted, would enable SEAs, on average, to add ten FTEs for
Title I, part A and five FTEs for IDEA section 611. The Department is
proposing a higher percentage for Title I, part A than IDEA section 611
because there are more ARRA-related data collection activities
associated with Title I, part A.
Proposed Adjustments
Title I, Part A:
Notwithstanding section 1004(b) of the ESEA and 34 CFR
200.100(b)(3), the Secretary proposes under Title I, part A to:
1. Provide administrative funds to support ARRA data collection
excluding data collection for obtaining and implementing Title I, part
A waivers related to the ARRA and maintenance of effort. The Secretary
proposes to adjust the statutory cap on State administration under
section 1004(b) of the ESEA to permit an SEA to reserve, from its FY
2009 Title I, part A allocation, an amount equal to or less than the
figure shown for the SEA in Column 2 in Table 1 to help defray the
costs associated with Title I, part A ARRA data collection. The amount
shown in Column 2 for each State is equal to .3 percent of the portion
of the State's FY 2009 Title I, part A allocation attributable to the
ARRA, or $600,000, whichever is less.\1\ A State's amount in Column 2
is $100,000 if .3 percent of the State's Title I, part A ARRA
allocation is less than $100,000.
---------------------------------------------------------------------------
\1\ The U.S. Department of Education's budget page [available at
https://www.ed.gov/about/overview/budget/statetables/10stbyprogram.pdf] shows the amount each State received in Title I,
Part A ARRA funds.
---------------------------------------------------------------------------
2. Provide administrative funds to support ARRA data collection
including data collection for obtaining and implementing Title I, part
A waivers related to the ARRA and maintenance of effort. The Secretary
proposes to allow an SEA that requests and receives a waiver under
section C (Waivers related to Title I, part A ARRA Funds) or section E
(Waivers of Maintenance of Effort for LEAs) of the Department's Non-
Regulatory Guidance on Title I, part A Waivers \2\ (Title I, part A
Waiver Guidance) to reserve a larger amount of additional
administrative funds than it would otherwise be permitted to reserve.
Specifically, in this case, the Secretary proposes to permit an SEA to
reserve, from its FY 2009 Title I, part A allocation, an amount equal
to or less than the figure shown for the State in Column 3 in Table 1.
These funds can help defray the costs associated with Title I, part A
ARRA data collection, including additional data collection costs that
an SEA may incur in processing requests from its LEAs that wish to
benefit from the SEA's waiver. These additional resources also should
provide the SEA with an incentive to use the process for obtaining
waivers outlined in the Title I, part A Waiver Guidance.
---------------------------------------------------------------------------
\2\ The guidance provides comprehensive information on how to
request a waiver of specific statutory and regulatory provisions of
Title I, part A and is available at [https://www.ed.gov/programs/titleiparta/title-i-waiver.doc].
---------------------------------------------------------------------------
The amount shown in Column 3 for each State is equal to .5 percent
of the portion of the State's FY 2009 Title I, part A allocation
attributable to the ARRA, or $1,000,000, whichever is less. A State's
amount in Column 3 is
[[Page 41405]]
$200,000 if .5 percent of the State's Title I, part A ARRA allocation
is less than $200,000.
The amount in Column 2 or 3 that each SEA may reserve, as proposed
in this notice, is in addition to the amount the SEA is able to reserve
for State administration under section 1004(b) of the ESEA.
Note: An SEA may only reserve additional funds for
administration up to the amount shown in Column 3 if it has received
a waiver from the Department under section C or E of the Title I,
part A Waiver Guidance. An SEA that has not received such a waiver
may only reserve additional funds for administration up to the
amount shown in Column 2. (Each column represents a total; the
amounts are not cumulative.)
Table 1--(Title I, Part A)
------------------------------------------------------------------------
Column 2 Column 3
(Administrative (Administrative
funds for ARRA funds for ARRA
Column 1 data collection data collection
excluding data including data
collection for collection for
waivers)* waivers*
------------------------------------------------------------------------
Alabama............................. $488,908 $814,846
Alaska.............................. 100,000 200,000
Arizona............................. 585,262 975,437
Arkansas............................ 333,276 555,461
California.......................... 600,000 1,000,000
Colorado............................ 333,408 555,680
Connecticut......................... 212,143 353,571
Delaware............................ 100,000 200,000
District Of Columbia................ 112,807 200,000
Florida............................. 600,000 1,000,000
Georgia............................. 600,000 1,000,000
Hawaii.............................. 100,000 200,000
Idaho............................... 104,867 200,000
Illinois............................ 600,000 1,000,000
Indiana............................. 506,031 843,385
Iowa................................ 154,491 257,485
Kansas.............................. 212,604 354,340
Kentucky............................ 466,044 776,739
Louisiana........................... 531,470 885,784
Maine............................... 111,553 200,000
Maryland............................ 407,875 679,792
Massachusetts....................... 491,041 818,401
Michigan............................ 600,000 1,000,000
Minnesota........................... 284,133 473,555
Mississippi......................... 398,665 664,442
Missouri............................ 443,185 738,642
Montana............................. 103,950 200,000
Nebraska............................ 143,427 239,045
Nevada.............................. 210,378 350,631
New Hampshire....................... 100,000 200,000
New Jersey.......................... 548,914 914,856
New Mexico.......................... 242,410 404,017
New York............................ 600,000 1,000,000
North Carolina...................... 600,000 1,000,000
North Dakota........................ 100,000 200,000
Ohio................................ 600,000 1,000,000
Oklahoma............................ 328,328 547,213
Oregon.............................. 281,207 468,678
Pennsylvania........................ 600,000 1,000,000
Puerto Rico......................... 600,000 1,000,000
Rhode Island........................ 107,503 200,000
South Carolina...................... 428,517 714,195
South Dakota........................ 103,950 200,000
Tennessee........................... 582,225 970,374
Texas............................... 600,000 1,000,000
Utah................................ 148,609 247,681
Vermont............................. 100,000 200,000
Virginia............................ 496,056 826,760
Washington.......................... 405,369 675,615
West Virginia....................... 182,944 304,906
Wisconsin........................... 443,188 738,647
Wyoming............................. 100,000 200,000
------------------------------------------------------------------------
* For the purposes of this table, ``waivers'' refer to waivers described
in section C or E of the Title I, part A Waiver Guidance that have
been obtained by an SEA from the Department.
[[Page 41406]]
IDEA section 611:
Notwithstanding section 611(c)(1) of IDEA and 34 CFR 300.704(a),
the Secretary proposes to adjust the statutory cap on State
administration to permit an SEA to reserve an amount from its FY 2009
IDEA section 611 ARRA allocation equal to or less than the figure shown
for such State in Column 2 in Table 2 to help defray the costs
associated with ARRA data collection under IDEA section 611. The amount
for each State shown in Column 2 is equal to .1 percent of the portion
of the State's FY 2009 IDEA section 611 allocation attributable to the
ARRA, or $500,000, whichever is less.\3\ A State's amount in Column 2
is $100,000 if .1 percent of the State's IDEA section 611 ARRA
allocation is less than $100,000. The amount each SEA may reserve, as
proposed in this notice, is in addition to the amount the SEA is able
to reserve for State administration under section 611(e)(1) of the
IDEA.
---------------------------------------------------------------------------
\3\ The U.S. Department of Education's budget page [available at
https://www.ed.gov/about/overview/budget/statetables/10stbyprogram.pdf] shows the amount each State received in IDEA
section 611 ARRA funds.
Table 2--IDEA Section 611
------------------------------------------------------------------------
Column 1 Column 2
------------------------------------------------------------------------
Alabama................................................. $181,865
Alaska.................................................. 100,000
Arizona................................................. 178,476
Arkansas................................................ 112,178
California.............................................. 500,000
Colorado................................................ 148,731
Connecticut............................................. 132,971
Delaware................................................ 100,000
District Of Columbia.................................... 100,000
Florida................................................. 500,000
Georgia................................................. 313,758
Hawaii.................................................. 100,000
Idaho................................................... 100,000
Illinois................................................ 500,000
Indiana................................................. 253,535
Iowa.................................................... 122,095
Kansas.................................................. 106,872
Kentucky................................................ 157,570
Louisiana............................................... 188,750
Maine................................................... 100,000
Maryland................................................ 200,242
Massachusetts........................................... 280,552
Michigan................................................ 400,608
Minnesota............................................... 189,839
Mississippi............................................. 117,836
Missouri................................................ 227,175
Montana................................................. 100,000
Nebraska................................................ 100,000
Nevada.................................................. 100,000
New Hampshire........................................... 100,000
New Jersey.............................................. 360,691
New Mexico.............................................. 100,000
New York................................................ 500,000
North Carolina.......................................... 314,410
North Dakota............................................ 100,000
Ohio.................................................... 437,736
Oklahoma................................................ 147,925
Oregon.................................................. 128,979
Pennsylvania............................................ 427,178
Puerto Rico............................................. 109,098
Rhode Island............................................ 100,000
South Carolina.......................................... 173,240
South Dakota............................................ 100,000
Tennessee............................................... 229,613
Texas................................................... 500,000
Utah.................................................... 105,541
Vermont................................................. 100,000
Virginia................................................ 281,415
Washington.............................................. 221,357
West Virginia........................................... 100,000
Wisconsin............................................... 208,200
Wyoming................................................. 100,000
------------------------------------------------------------------------
Note: The proposed adjustments in this notice are based on
funds available to each State under the ARRA and do not permit an
SEA to increase the amount available for State administration from
its regular FY 2009 Title I, part A allocation or its regular FY
2009 IDEA section 611 allocation in excess of the respective
statutory cap. Also, the adjustments in this notice to the amounts
an SEA may reserve for administration under Title I, part A and IDEA
section 611 do not apply to the reservation of funds for
administration in subsequent years (i.e., Title I, part A and IDEA
section 611 allocations for Federal Fiscal Year 2010 and beyond).
Executive Order 12866:
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and therefore subject to the
requirements of the Executive Order and subject to review by OMB.
Section 3(f) of Executive Order 12866 defines a ``significant
regulatory action'' as an action likely to result in a rule that may
(1) Have an annual effect on the economy of $100 million or more, or
adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
tribal governments, or communities in a material way (also referred to
as an ``economically significant'' rule); (2) create serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impacts of
entitlement grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive order. Pursuant to the
Executive order, the Secretary has determined that this regulatory
action is significant under section 3(f)(4) of the Executive order.
This notice has been reviewed in accordance with Executive Order
12866. Under the terms of the order, we have assessed the potential
costs and benefits of this proposed regulatory action and we have
determined that the benefits of the proposed adjustments justify the
costs.
We have determined, also, that this proposed regulatory action does
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action will not have a significant
economic impact on a substantial number of small entities. The only
entities affected by this proposed regulatory action are States, which
are not considered small entities.
Accessible Format: Individuals with disabilities may obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or computer diskette) on request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: You may view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: https://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/.
Dated: August 12, 2009.
Arne Duncan,
Secretary of Education.
[FR Doc. E9-19662 Filed 8-14-09; 8:45 am]
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