Equity Assistance Centers (Formerly Desegregation Assistance Centers), 15665-15676 [2016-06439]
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Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Proposed Rules
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very small increments.76 Proposals like
IEX’s POP/coil that intentionally delay
access to an exchange’s quotation, albeit
by a sub-millisecond amount, raise
questions about the prior interpretation
with respect to the definition of an
automated quotation under Regulation
NMS. Accordingly, the Commission is
proposing and soliciting comment on an
updated interpretation from that
provided in the Regulation NMS
Adopting Release.77
Specifically, the Commission
preliminarily believes that, in the
current market, delays of less than a
millisecond in quotation response times
may be at a de minimis level that would
not impair a market participant’s ability
to access a quote, consistent with the
goals of Rule 611 and because such
delays are within the geographic and
technological latencies experienced by
market participants today. For example,
IEX’s proposed POP/coil would
introduce a 350 microsecond delay for
a non-routable IOC order before it could
access the IEX matching engine. The
additional delay introduced by the coil
itself, which is approximately 38 miles
long, is effectively equivalent to the
communications latency between
venues that are 38 miles apart.78 The
Commission understands that today the
distances between exchange data
centers, or between the order entry
systems of market participants and
exchange data centers, may exceed,
sometimes by many multiples, a
distance of 38 miles. The Commission
does not believe that these naturallyoccurring response time latencies
resulting from geography are
inconsistent with the purposes of Rule
611.79 At the same time, permitting the
76 See, e.g., Securities Exchange Act Release No.
67639 (August 10, 2012), 77 FR 49034 (August 15,
2012) (SR–NASDAQ–2012–071) (order approving
proposed rule change to provide for simultaneous
routing).
77 In particular, the POP/coil, because it delays
inbound and outbound messages to and from IEX
Users, raises a question as to whether IEX will,
among other things, ‘‘immediately’’ execute IOC
orders under Rule 600(b)(3)(ii), ’’immediately’’
transmit a response to an IOC order sender under
Rule 600(b)(3)(iv), and ‘‘immediately’’ display
information that updates IEX’s displayed quotation
under Rule 600(b)(3)(v). See 17 CFR 242.600(b)(3);
see also Regulation NMS Adopting Release, supra
note 14, at 37504.
78 See supra note 69 (citing to the Healthy
Markets Letter, which observed that the length of
IEX’s coiled cable ‘‘is far less than the distance
between NY and Chicago, and is remarkably similar
to the distance between Carteret and Mahwah (36
miles)’’). See also IEX Second Response at 11
(noting that the distance between Nasdaq’s Carteret
facility and NYSE’s Mahwah facility is 42.8 miles).
79 See supra note 69 (citing to commenters who
believe that IEX’s POP/coil latency is comparable to
or shorter than natural and geographic latencies in
today’s market). One market maker and liquidity
provider on the IEX ATS notes that it ‘‘engages in
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quotations of trading centers with very
small response time delays, such as
those proposed by IEX, to be treated as
automated quotations, and thereby
benefit from trade-through protection
under Rule 611, could encourage
innovative ways to address market
structure issues.
Accordingly, the Commission today is
proposing to interpret ‘‘immediate’’
when determining whether a trading
center maintains an ‘‘automated
quotation’’ for purposes of Rule 611 of
Regulation NMS to include response
time delays at trading centers that are de
minimis, whether intentional or not.80
III. Solicitation of Comment
The Commission requests comment
all aspects of this proposed
interpretation, including:
1. Would delays of less than a
millisecond in quotation response times
impair a market participant’s ability to
access a quote or impair efficient
compliance with Rule 611?
2. In the current market, should the
Commission interpret ‘‘immediate’’ as
including a de minimis delay of less
than one millisecond? Should the
Commission consider other lengths? If
so, what should they be?
3. Should the Commission be
concerned about market manipulation?
If so, specifically, what should the
Commission focus on?
4. Should the Commission consider
an alternative interpretation? If so, what
should it be?
By the Commission.
Dated: March 18, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–06633 Filed 3–23–16; 8:45 am]
BILLING CODE 8011–01–P
precisely the same market making strategies on IEX
as [it does] on automated trading systems run by
other broker-dealers . . . as well as on registered
stock exchanges’’ and that ‘‘IEX’s ‘speed bump’ has
had no impact on [its] market making and liquidity
provisioning on the platform.’’ Virtu Letter at 1–2.
80 An exchange that proposed to provide any
member or user (including the exchange’s inbound
or outbound routing functionality, or the exchange’s
affiliates) with exclusive privileged faster access to
its facilities over any other member or user would
raise concerns under the Act, including under
Section 6(b)(5) and 6(b)(8) of the Act, and would
need to address those concerns in a Form 1
exchange registration application or a proposed rule
change submitted pursuant to Section 19 of the Act,
as applicable.
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DEPARTMENT OF EDUCATION
34 CFR Parts 270, 271, and 272
RIN 1810–AB26
[Docket ID ED–2016–OESE–0006]
Equity Assistance Centers (Formerly
Desegregation Assistance Centers)
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Secretary proposes to
revise the regulations that govern the
Equity Assistance Centers (EAC)
program, authorized under Title IV of
the Civil Rights Act of 1964, and to
remove the regulations that govern the
State Educational Agency Desegregation
(SEA) program, authorized under Title
IV of the Civil Rights Act of 1964. Once
final and effective, these amended EAC
regulations would govern the
application process for new EAC grant
awards. The proposed regulations
would update the definitions applicable
to this program; remove the existing
selection criteria; and provide the
Secretary with flexibility to determine
the number and composition of
geographic regions for the program.
Additionally, the proposed regulations
would remove the regulations for the
SEA program, which is no longer
funded.
DATES: We must receive your comments
on or before April 25, 2016.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
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 ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to: Britt Jung,
U.S. Department of Education, 400
Maryland Avenue SW., Room 3E231,
Washington, DC 20202–6135.
Telephone: (202) 205–4513.
Privacy Note: The Department’s
policy is to make all comments received
SUMMARY:
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from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Britt
Jung, U.S. Department of Education, 400
Maryland Avenue SW., Room 3E231,
Washington, DC 20202–6135.
Telephone: (202) 205–4513 or by email:
britt.jung@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding these
proposed regulations. To ensure that
your comments have maximum effect in
developing the final regulations, we
urge you to identify clearly the specific
section or sections of the proposed
regulations that each of your comments
addresses and to arrange your comments
in the same order as the proposed
regulations.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from these proposed
regulations. 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
Department’s programs and activities.
Specific Issues Open for Comment
In addition to your general comments,
we are interested in your feedback on
the proposed flexibility in selecting the
number and boundaries of the
geographic regions. The Department
currently plans to reduce the number of
regional centers in the first competition
after these final regulations become
effective. We are particularly interested
in your feedback on the following
questions:
• Do applicants or program
beneficiaries support the proposed
flexibility allowing the Secretary to
choose the number of regional centers?
• What factors should the Secretary
consider when determining the
composition of States in each
geographic region?
• Are there potential costs or benefits
associated with the proposed approach
that we have not addressed?
During and after the comment period,
you may inspect all public comments
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about these proposed regulations by
accessing Regulations.gov. You may also
inspect the comments in person in room
3E231, 400 Maryland Avenue SW.,
Washington, DC, between 8:30 a.m. and
4 p.m., Washington, DC time, Monday
through Friday of each week except
Federal holidays. Please contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
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 these proposed regulations. 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
The Secretary proposes to revise the
general regulations in 34 CFR part 270
that apply to both the EAC and the SEA
programs and to revise the regulations
in 34 CFR part 272 that apply only to
the EAC program. We propose five key
changes to these regulations. First, we
propose to amend the section that
governs the existing geographic regions
to allow the Secretary flexibility in
choosing the number and composition
of geographic regions to be funded with
each competition. Second, we propose
to add religion to the areas of
desegregation assistance, add a
definition for ‘‘special educational
problems occasioned by desegregation,’’
and amend the definition of ‘‘sex
desegregation’’ to clarify the protected
individuals identified by this term.
Third, we propose to remove the
existing selection criteria (to instead
rely on the General Selection Criteria
listed under the Education Department
General Administrative Regulations
(EDGAR) at 34 CFR 75.210). Fourth, we
propose to remove the limitations and
exceptions established in current 34
CFR 270.6 on providing desegregation
assistance, to align these regulations
with those of other technical assistance
centers. Fifth, we propose to remove 34
CFR part 271, as the SEA program has
not been funded in twenty years. We
also propose to merge part 272 into part
270, so that a single part covers the EAC
program.
We propose regulations that would
permit the Secretary to establish the
geographic regions for the EAC program
with each competition, so the
Department could respond to the
magnitude of the need for desegregation
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assistance across the nation, taking into
account funding levels and the
circumstances that exist at the time of
each competition. The Department
currently plans to fund four regional
centers in the first competition after
these final regulations become effective.
The proposed regulations would
allow the Department to reduce the
current number of regional centers
while still providing technical
assistance to beneficiaries across the
nation. Presuming funding levels for the
program remain constant, this would
increase the funding available for each
center and enable the centers to operate
in the most effective and efficient
manner. Reducing the current number
of regions would limit the duplication
of effort for overhead costs (such as
start-up costs, administrative support,
rent, etc.), and redirect those funds to
technical assistance and support using
the latest technology available.
Furthermore, reducing the number of
regions would allow the Department to
provide more thorough support and
monitoring of those consolidated
centers, while ensuring technical
assistance is still available to reach
beneficiaries across the country.
However, the proposed regulations
would provide the flexibility to change
the number and the composition of the
regions in the future, in the event that
funding levels or technical assistance
delivery platforms were to change
significantly. These decisions would
necessarily take into consideration the
need for centers to continue to provide
support for communities across the
country.
The proposed regulations would add
religion to the areas of desegregation
assistance, as religion is specifically
cited in Title IV of the Civil Rights Act
of 1964 as an area of desegregation
assistance, and add a definition for the
term ‘‘religion desegregation’’ that is
consistent with the terms describing
race, sex, and national origin
desegregation. The Department would
amend the definition of a
‘‘Desegregation Assistance Center’’ to
refer to it as an Equity Assistance
Center. The proposed regulations would
also amend the definition of ‘‘sex
desegregation’’ to explain that the
Department interprets sex
discrimination under Title IX to include
discrimination based on transgender
status, gender identity, sex stereotypes,
and pregnancy and related conditions.
Finally, the proposed regulations would
add a definition for ‘‘special educational
problems occasioned by desegregation’’
to clarify that this term does not refer to
the provision of special education and
related services as defined by the
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Individuals with Disabilities Education
Act (IDEA). Children with disabilities or
staff providing services to them could be
potential beneficiaries of technical
assistance if they are affected by
desegregation efforts.
The proposed regulations would also
eliminate the selection criteria and the
prescribed point values under § 272.30.
At present, the prescribed point values
are unduly restrictive on the Secretary’s
ability to structure each grant
competition. Furthermore, there is
significant overlap between the existing
selection criteria and 34 CFR 75.210. As
such, this change would provide the
Secretary with greater flexibility to
address program needs at the time of
each competition, by allowing the use of
any of the General Selection Criteria
listed in 34 CFR 75.210, while ensuring
that the selected projects for any
competition meet the highest standards
of professional excellence.
The proposed regulations would
remove current § 270.6(b) in its entirety
and amend current § 270.6(a) to broaden
this section to address all technical
assistance activities under this program,
rather than only those for race and
national origin desegregation assistance.
We propose to amend current § 270.6 for
clarity, and to align these regulations
with the limitations on developing
curriculum that apply to other technical
assistance centers, such as the
Comprehensive Centers. Consistent with
the General Education Provisions Act,
20 U.S.C. 1232(a), we cannot and do not
authorize centers to exercise direction
or control over the curriculum. As
currently drafted, § 270.6(b) could be
misconstrued to permit the
development or implementation of
activities for direct instruction;
removing this provision will ensure
clarity. Moreover, this approach is
similar to that taken in the most recent
notice of final requirements, priorities,
and selection criteria for the
Comprehensive Centers Program
published in the Federal Register on
June 6, 2012 (77 FR 33573). In that
notice, we included a reminder that an
applicant could not meet the program
requirements by proposing a technical
assistance plan that included designing
or developing curricula or instructional
materials for use in classrooms.
Finally, the proposed regulations
would remove 34 CFR part 271, and
merge current parts 270 and 272 into a
single part under proposed 34 CFR part
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270. The current regulations for the
Desegregation of Public Education
Programs under 34 CFR part 270 govern
both the SEA Program and the EAC
Program. The current regulations for
part 272 govern the EAC program. The
current regulations for part 271 govern
the SEA program. We propose to remove
34 CFR part 271 (and any references to
part 271 in current parts 270 and 272),
because the SEA Program has not
received funding in two decades and is
no longer administered by the
Department. As the only program
currently administered under the
Desegregation of Public Education
Programs is the EAC Program, we
propose to move sections in current part
272 into part 270 so that there is a single
part governing the EAC program. As a
result of merging parts 270 and 272, we
would reorder the sections within
proposed part 270. Additionally, we
propose to remove current sections
§§ 270.1 (desegregation of public
education programs), 270.4 (types of
projects funded by the desegregation of
public education programs), 272.3
(applicable regulations), and 272.4
(definitions), as these sections would
become redundant with the merger.
TABLE DEMONSTRATING HOW THE CURRENT REGULATIONS WOULD BE RENUMBERED UNDER THE PROPOSED
REGULATIONS
Proposed section
Substantive changes
270.1 ...............................................
270.2 ...............................................
270.3 ...............................................
(removed) ......................................
270.6 ..............................................
270.7 ..............................................
270.4 ...............................................
270.5 ...............................................
270.6 ...............................................
(removed) ......................................
270.31 ............................................
270.32 ............................................
Part 271 ...........................................
(removed) ......................................
272.1 ...............................................
270.1 ..............................................
272.2 ...............................................
272.3 ...............................................
272.4 ...............................................
272.10 .............................................
270.2 ..............................................
(removed) ......................................
(removed) ......................................
270.4 ..............................................
272.11 .............................................
272.12 .............................................
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Current section
270.3 ..............................................
270.5 ..............................................
272.30 .............................................
(removed). .....................................
272.31 .............................................
272.32 .............................................
270.20 ............................................
270.21 ............................................
272.40 .............................................
270.30 ............................................
N/A.
None.
The proposed regulations would update certain definitions applicable
to this program including adding a new definition of religion desegregation.
N/A.
None.
The proposed regulations would revise the prohibition against providing materials for the direct instruction of students and remove
the exception under current 270.6(b).
The proposed regulations would remove the regulations for the SEA
program, which is no longer funded.
The proposed regulations would update program name to Equity Assistance Centers.
None.
N/A.
N/A.
The proposed regulations would add ‘‘community organizations’’ to
the list of parties that may receive desegregation assistance under
this program.
None.
The proposed regulations would revise the number of geographic regions served by the EACs.
The proposed regulations would remove the existing selection criteria.
None.
The proposed regulations would replace ‘‘expected need’’ with ‘‘evidence supporting the magnitude of the demonstrated need’’ as it
relates to the Secretary’s determination of the amount of a grant.
The proposed regulations would broaden EAC coordination of technical assistance to include ‘‘Comprehensive Centers, Regional
Educational Laboratories, and other Federal technical assistance
centers.’’
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Significant Proposed Regulations
We discuss substantive issues under
the sections of the proposed regulations
to which they pertain. Generally, we do
not address proposed regulatory
changes that are technical or otherwise
minor in effect.
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PART 270—DESEGREGATION OF
PUBLIC EDUCATION
Section 270.1 What is the Equity
Assistance Center Program?
Statute: Under Title IV of the Civil
Rights Act of 1964, 42 U.S.C. 2000c–
2000c–2 and 2000c–5, the Secretary is
authorized, upon the application of any
school board, State, municipality,
school district, or other governmental
unit legally responsible for operating a
public school or schools, to render
technical assistance to such applicant in
the preparation, adoption, and
implementation of plans for the
desegregation of public schools.
Current Regulations: Current § 270.1
refers to the ‘‘Desegregation of Public
Education programs,’’ which includes
both the SEA Program and the DAC
Program.
Proposed Regulations: We propose to
replace this section with the language of
current § 272.1; in addition, we propose
to change the name of the centers from
Desegregation Assistance Centers
(DACs) to Equity Assistance Centers.
Our proposed regulations would also
remove the reference to the SEA
Program.
Reasons: When first implemented, the
Desegregation of Public Education
Programs under 34 CFR part 270
covered both the SEA Program (current
part 271) and the DAC Program (current
part 272). The SEA Program under
current part 271 has not received
funding since 1995 and is not currently
administered by the Department.
Therefore, we propose to remove all
regulations for this program.
We propose to change the name from
Desegregation Assistance Centers to
Equity Assistance Centers because the
term ‘‘equity’’ better reflects the breadth
of the types of desegregation issues
faced in schools now, as students from
different backgrounds and experiences
are brought together. Ultimately, the
purpose of the regional centers is to
ensure access to educational
opportunities for all students without
regard to their race, sex, national origin,
or religion. In the 21st century, issues
related to desegregation include
harassment, school climate, resource
equity gaps, discrimination, and
instructional practices designed to reach
all students. The Department has for
some time referred to the regional
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assistance centers as ‘‘Equity Assistance
Centers’’ in the notices inviting
applications, in cooperative agreements,
and on OESE’s Web page for the grant
program. The majority of the current
regional centers refer to themselves as
‘‘Equity Centers’’ or ‘‘Equity Assistance
Centers.’’ Therefore, we believe it is
appropriate to formally refer to the
regional centers as ‘‘Equity Assistance
Centers.’’
Section 270.2 Who is eligible to receive
a grant under this program?
Statute: Section 403 of Title IV of the
Civil Rights Act of 1964 states that the
Secretary may render technical
assistance upon the application of any
school board, State, municipality,
school district, or other governmental
unit legally responsible for operating a
public school or schools.
Current Regulations: Under current
§ 272.2, any public agency (other than
an SEA or school board) or private,
nonprofit organization is eligible to
receive an EAC grant.
Proposed Regulations: We propose to
move current § 272.2 (without any
changes) to part 270 as § 270.2.
Reasons: We propose to move this
section so that there is a single part
covering the EAC program.
Section 270.3 Who may receive
assistance under this program?
Statute: Under section 403 of title IV
of the Civil Rights Act of 1964, any
school board, State, municipality,
school district, or other governmental
unit legally responsible for operating a
public school or schools may, upon
request, receive technical assistance.
The Secretary has the authority to
prescribe how the technical assistance is
provided, i.e., through regional centers,
and who the beneficiaries are of the
technical assistance under this program
in accordance with 20 U.S.C. 1221e–3
and 3474.
Current Regulations: The current
regulation § 272.11 states that a
recipient of a grant under these parts,
i.e., the regional centers, may provide
assistance only if requested by a
governmental unit legally responsible
for operating a public school or schools
located in its geographical service area.
The regional centers are permitted to
provide assistance to public school
personnel and students enrolled in
public schools, parents of those
students, and other community
members.
Proposed Regulations: We propose to
move current § 272.11 to part 270 as
§ 270.3. We also propose to expand the
list of beneficiaries who may receive
technical assistance from the regional
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centers to include ‘‘community
organizations’’ in addition to
‘‘community members.’’
Reasons: We propose to include
community organizations within the list
of beneficiaries who may receive
assistance from the regional centers to
clarify that all stakeholders with
significant ties to public schools and
students may assist in preparing,
adopting, and implementing plans for
the desegregation of public schools.
Section 270.4 What types of projects
are authorized under this program?
Statute: Section 403 of Title IV of the
Civil Rights Act of 1964 authorizes the
Secretary to provide for technical
assistance to any school board, State,
municipality, school district, or other
governmental unit legally responsible
for operating a public school or schools,
upon request, by making available
information regarding effective methods
of coping with special educational
problems occasioned by desegregation,
and by making available the
Department’s personnel or other persons
specially equipped to advise and assist
in coping with such problems. The
statute specifies that this technical
assistance may include these actions
‘‘among other activities.’’ The Secretary
has the authority to regulate other
technical assistance activities that apply
to the Equity Assistance Centers
program under 20 U.S.C. 1221e–3 and
3474.
Current Regulations: Current § 272.10
states that the Secretary may award
funds to DACs for projects offering
technical assistance to governmental
units legally responsible for operating a
public school or schools, at their
request, for assistance in the
preparation, adoption, and
implementation of desegregation plans.
These projects must provide technical
assistance in each of the following three
areas of desegregation assistance: (1)
Race, (2) sex, and (3) national origin.
The section includes a non-exhaustive
list of categories of desegregation
assistance activities that are permissible
under the statute, including training
designed to improve the ability to
effectively address special educational
problems occasioned by desegregation,
and identifies certain beneficiaries of
such training.
Proposed Regulations: We propose to
move current § 272.10 to part 270 as
§ 270.4 and to make the following
changes in proposed § 270.4. We
propose to amend the reference to DACs
in current § 272.10(a) to ‘‘EACs.’’ We
also propose to add ‘‘community
organizations’’ to the list of beneficiaries
of desegregation technical assistance
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activities in current § 272.10(c)(3).
Finally, we propose to update the
number of desegregation assistance
areas from ‘‘all three’’ in current
§ 272.10(b) to ‘‘all four.’’
Reasons: We propose to update all
references to DACs to now refer to
EACs, to be consistent with our change
to describe the centers as ‘‘Equity
Assistance Centers’’ set forth in
proposed § 270.7. We propose to add
‘‘community organizations’’ to the list of
beneficiaries of desegregation technical
assistance activities because the
Department believes that community
organizations with substantive ties to a
public school can be effective
stakeholders in working with schools
and other responsible governmental
agencies on issues this program seeks to
address. We propose to revise
§ 272.10(b) to refer to four desegregation
assistance areas, instead of three, to
reflect the addition of religion
desegregation to the existing
desegregation assistance areas, as
discussed in the explanation of
proposed § 270.6.
Section 270.5 What geographic regions
do the EACs serve?
Statute: Under section 403 of Title IV
of the Civil Rights Act of 1964, the
Secretary may render technical
assistance upon application to any
school board, State, municipality,
school district, or other governmental
unit legally responsible for operating a
public school or schools. The statute
does not prescribe the specific number
of centers or geographic regions under
the program. The Secretary has the
authority to regulate the provision of
technical assistance under 20 U.S.C.
1221e–3 and 3474.
Current Regulations: Current § 272.12
provides that the Secretary awards
grants for desegregation assistance in
ten geographic regions. The current
regulations specify the States located
within each of the ten geographic
regions.
Proposed Regulations: We propose to
eliminate the current requirement that
EACs serve ten geographic regions and
reduce the number of regional centers.
The proposed regulations state that the
Secretary would announce in the
Federal Register the number of centers
and regions to be covered for each
competition and identify the criteria the
Secretary considers when determining
the number and boundaries of the
geographic regions. Thus, the proposed
regulations would allow the Secretary to
choose the number of centers and the
geographic composition of each center
in any given grant cycle. The criteria the
Secretary considers when determining
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the number and boundaries of the
regions would include (1) size and
diversity of the student population; (2)
the number of LEAs; (3) the composition
of urban, city, and rural LEAs; (4) the
history of Equity Assistance Center and
other Department technical assistance
activities carried out in each geographic
region; and (5) the amount of funding
available for the competition. We also
propose to move current § 272.12 to
proposed § 270.5.
Reasons: The proposed regulations
would allow the Secretary to choose the
number of centers and the geographic
composition of each center in any given
grant cycle, which would allow the
Secretary to reduce the number of
regional centers moving forward. The
proposed regulations identify criteria
the Secretary considers when
determining the number and boundaries
of geographic regions for a given grant
year, which are designed to provide a
variety of criteria the Secretary would
use to determine the demand and
underlying needs of each geographic
region.
This proposed change would allow
the Secretary the flexibility to consider
the amount of available funding for the
EAC program and distribute it among an
appropriate number of geographic
regions. Since the Department was
created, the amount of funding for the
EAC program has dropped significantly,
from $45 million in FY 1980 (for all
Desegregation of Public Education
programs) to $6.6 million in FY 2016 for
EAC grants. In developing the proposed
regulations for this section, the
Department reasoned that limiting the
number of centers may be appropriate at
times to reduce overhead costs and to
ensure that a greater percentage of funds
are used to directly serve beneficiaries.
We also believe this change would
improve each individual center’s
capacity to carry out robust technical
assistance. Consolidating the number of
regional centers would also help the
Department to award grants to the
highest-quality applications in future
grant cycles.
The proposed regulations would
enable the centers to operate in the most
effective and efficient manner by
limiting the duplication of effort for
overhead costs and redirecting those
funds to technical assistance. In
addition, providing each center with
more resources would help each
individual center attract and retain the
highest-quality experts in the field.
Similarly, flexibility to determine the
boundaries of geographic regions may
enable more effective responses to new
or emerging issues in the field by
allowing the Secretary to create
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geographic regions based on areas facing
similar issues. Furthermore, the
capabilities of technology have changed
dramatically since this program’s
enactment; the Internet now allows
EACs to provide effective and
coordinated technical assistance across
much greater geographic distances than
would have been possible when the
current regulations were promulgated in
1987. Finally, allowing the Secretary to
establish the number of regional centers
for each competition will allow the
Department to try different numbers to
reach the optimal number of regional
centers, without undergoing rulemaking
each time it is necessary to alter the
regions served under this program.
Section 270.6 What definitions apply
to this program?
Statute: Under section 401 of title IV
of the Civil Rights Act of 1964, the terms
‘‘Secretary,’’ ‘‘Desegregation,’’ ‘‘Public
school,’’ and ‘‘School board’’ are
defined. The Secretary has the authority
to define through regulation other terms
that apply to the Equity Assistance
Centers program under 20 U.S.C. 1221e3 and 3474.
Current Regulations: Current § 270.3
defines key terms used by the
Department in administering the
program. Under the current regulations:
• ‘‘Desegregation assistance’’ means
the provision of technical assistance
(including training) in the areas of race,
sex, and national origin desegregation of
public elementary and secondary
schools.
• ‘‘Desegregation assistance areas’’
means the areas of race, sex, and
national origin desegregation.
• ‘‘Desegregation Assistance Center’’
means a regional desegregation
technical assistance and training center
funded under 34 CFR part 272.
• ‘‘Limited English proficiency’’ has
the same meaning under this part as the
same term defined in 34 CFR 500.4 of
the General Provisions regulations for
the Bilingual Education Program.
• ‘‘National origin desegregation’’
means the assignment of students to
public schools and within those schools
without regard to their national origin,
including providing students of limited
English proficiency with a full
opportunity for participation in all
educational programs.
• ‘‘Race desegregation’’ means the
assignment of students to public schools
and within those schools without regard
to their race including providing
students with a full opportunity for
participation in all educational
programs regardless of their race. ‘‘Race
desegregation’’ does not mean the
assignment of students to public schools
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to correct conditions of racial separation
that are not the result of State or local
law or official action.
• ‘‘Sex desegregation’’ means the
assignment of students to public schools
and within those schools without regard
to their sex including providing
students with a full opportunity for
participation in all educational
programs regardless of their sex.
Proposed Regulations: First, we
propose to change the name from
‘‘Desegregation Assistance Center’’ to
‘‘Equity Assistance Center.’’ ‘‘Equity
Assistance Center’’ would be defined as
a regional desegregation technical
assistance and training center funded
under this part. Second, we propose to
clarify and update the definition of ‘‘sex
desegregation’’ to explain that sex
desegregation includes desegregation
based on transgender status, gender
identity, sex stereotypes, and pregnancy
and related conditions. Third, we
propose to add religion desegregation to
the definition of ‘‘desegregation
assistance’’ and the ‘‘desegregation
assistance areas,’’ and to define
‘‘religion desegregation’’ in this section.
Fourth, we propose to replace the
current definition of ‘‘limited English
proficiency (LEP)’’ with the definition of
‘‘English learner’’ under section
8101(20) of the Elementary and
Secondary Education Act of 1965
(ESEA), as amended by the Every
Student Succeeds Act, Public Law 114–
95 (2015) (ESSA), and make conforming
changes to the definition of ‘‘national
origin discrimination’’ including
replacing the reference to students of
‘‘limited English .proficiency’’ to
‘‘English learner’’ students. Fifth, we
propose to add a definition of ‘‘special
educational problems occasioned by
desegregation’’ to clarify this term. We
would also move current § 270.3 to
proposed § 270.7.
Reasons: In the definitions we
propose to change the name of the
centers from ‘‘Desegregation Assistance
Centers’’ to ‘‘Equity Assistance Centers’’
for the reasons discussed under
proposed § 270.1.
We propose to update the definition
of ‘‘sex desegregation’’ to clarify the
protected individuals identified by this
term. We propose to clarify that ‘‘sex
desegregation’’ includes the treatment of
students on the basis of pregnancy and
related conditions, which include
childbirth, false pregnancy, termination
of pregnancy and recovery therefrom,
consistent with Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681
(Title IX) and its implementing
regulations at 34 CFR 106.40. We also
propose to clarify that ‘‘sex
desegregation’’ includes the treatment of
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students without regard to sex
stereotypes, or their transgender status
or gender identity, to highlight some
emerging issues for which EACs may
provide technical assistance in this area.
This change reflects the Supreme
Court’s reasoning that discrimination
based on ‘‘sex’’ includes differential
treatment based on any ‘‘sex-based
conditions,’’ Price Waterhouse v.
Hopkins, 490 U.S. 228, 242 (1989) (case
decided under Title VII of the Civil
Rights Act of 1964, 42 U.S.C. 2000e et
seq.), and subsequent court decisions
recognizing that the prohibitions on sex
discrimination protect transgender
individuals from discrimination. See
e.g., Glenn v. Brumby, 663 F.3d 1312
(11th Cir. 2011); Smith v. City of Salem,
378 F.3d 566 (6th Cir. 2004); Schwenk
v. Hartford, 204 F.3d 1187 (9th Cir.
2000). The change also aligns with our
Office for Civil Rights’ interpretation of
the prohibition of sex discrimination in
Title IX and its regulations as reflected
in its ‘‘Questions and Answers on Title
IX and Sexual Violence’’ (Apr. 29,
2014), www.ed.gov/ocr/docs/qa-201404title-ix.pdf; ‘‘Questions and Answers on
Title IX and Single-Sex Elementary and
Secondary Classes and Extracurricular
Activities’’ (Dec. 1, 2014), www.ed.gov/
ocr/docs/faqs-title-ix-single-sex201412.pdf; and ‘‘Title IX Resource
Guide’’ (Apr. 24, 2015), www.ed.gov/
ocr/docs/dcl-title-ix-coordinators-guide201504.pdf. The Department interprets
‘‘sex discrimination’’ under Title IX and
its regulations in a similar manner. See
amicus brief filed in G.G v. Gloucester
County Sch. Bd., No. 15–2056 (4th Cir.),
available at www.justice.gov/crt/casedocument/gg-v-gloucester-countyschool-board-brief-amicus. These
interpretations of Title IX and its
regulations are particularly relevant to
the meaning of ‘‘sex’’ under Title IV
because Congress’s 1972 amendment to
Title IV to add sex as an appropriate
desegregation assistance area was
included in Title IX of the Education
Amendments. This change is also
consistent with other Federal agencies’
recent regulatory proposals to codify
similar interpretations of sex
discrimination, including treatment of
students without regard to transgender
status, gender identity, or sex
stereotypes (such as treating a person
differently because he or she does not
conform to sex-role expectations by
being in a relationship with a person of
the same sex). 80 FR 5246, 5277, 5279
(Jan. 30, 2015) (Office of Federal
Contract Compliance Programs,
Department of Labor; proposed 41 CFR
60–20.2(a) and 60–20.7); 80 FR 54172,
54216–217 (Sept. 8, 2015) (Office for
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Civil Rights, Department of Health and
Human Services; proposed 41 CFR
92.4); 81 FR 4494, 4550 (Jan. 26, 2016)
(Office of the Secretary, Department of
Labor; proposed 29 CFR 38.7). Thus, the
proposed definition would more
accurately reflect the Office for Civil
Rights’ and the Department’s
interpretation of Title IX and its
regulations, our existing practices
regarding sex desegregation and equity,
and would be consistent with the
interpretations and rulemakings of other
Federal agencies.
We propose to add a definition of
‘‘religion desegregation,’’ and to
incorporate religion into the definitions
of ‘‘desegregation assistance’’ and
‘‘desegregation assistance areas.’’
Sections 401 and 403 of Title IV of the
Civil Rights Act of 1964 authorize the
Secretary to render technical assistance
to support the desegregation of public
schools and the assignment of students
to schools without regard to religion.
While the current regulations do not
address religion desegregation, the
Secretary’s authority to render technical
assistance for the desegregation of
public schools is clear under sections
401 and 403 of Title IV of the Civil
Rights Act of 1964, and desegregation is
therein defined to include the
assignment of students to public schools
and within such schools without regard
to their religion. Given the increasing
religious diversity in the United States,
and the increased tension that has
developed in many of our schools
related to a student’s actual or perceived
religion, the Department believes it
would be beneficial to provide resources
for schools to assist in developing
effective strategies to ensure all students
have a full opportunity to participate in
educational programs, regardless of
religion. Further, adding religion
desegregation to the desegregation
assistance areas will allow the
Department to build upon and support
the work of the United States
Department of Justice under Title IV to
ensure compliance with Federal laws
prohibiting discrimination on the basis
of religion.
We propose to amend the current
definition of ‘‘limited English
proficiency (LEP)’’ so that this term is
identical to, and has the same meaning
as, ‘‘English Learner’’ under ESEA
section 8101(20), as the statutory
definition reflects the Department’s
current understanding of this target
population. We also propose to amend
the definition of ‘‘national origin
desegregation’’ to clarify that this term
includes providing students who are
English learners with a full opportunity
for participation in all educational
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programs ‘‘regardless of their national
origin.’’
Lastly, we propose to add a definition
of ‘‘special educational problems
occasioned by desegregation.’’ This
phrase is included within the statute
and regulations, but could be confused
with requirements to provide special
education and related services under
IDEA. The new definition clarifies the
distinction between the term ‘‘special
educational problems occasioned by
desegregation’’ under Title IV and
‘‘special education and related services’’
under the IDEA. Under this proposed
definition, children with disabilities or
staff providing services to them would
not be precluded from being potential
beneficiaries of technical assistance if
they are affected by desegregation
efforts.
Section 270.20 How does the Secretary
evaluate an application for a grant?
Statute: Title IV of the Civil Rights
Act of 1964 does not address how the
Secretary evaluates an application for a
grant under these programs, and the
Secretary has the authority to regulate
these requirements under 20 U.S.C.
1221e–3 and 3474.
Current Regulations: Current § 272.31
provides that the Secretary evaluates the
application on the basis of all of the
selection criteria in § 272.30. The
Secretary cannot pick and choose from
the selection criteria. These selection
criteria include mission and strategy,
organizational capacity, plan of
operation, quality of key personnel,
budget and cost effectiveness,
evaluation plan, and adequacy of
resources. The Secretary then selects the
highest ranking application for each
geographical service area to receive a
grant.
Proposed Regulations: We propose to
remove the program specific selection
criteria and the associated point values
in current § 272.30. We propose to
amend current § 272.31(a) to state that
the Secretary evaluates applications on
the basis of criteria in 34 CFR 75.210,
and may select from among the list of
factors under each criterion in 34 CFR
75.210. We also propose to move
current § 272.31 to proposed part 270, as
§ 270.20.
Reasons: We propose to remove the
selection criteria and the associated
point values in current § 272.30, and
revise current § 272.31, to provide the
Secretary with greater flexibility in
identifying the most relevant factors for
each grant competition.
Under current § 272.30, the Secretary
is required to use all of the established
selection criteria and the associated
point values for each competition. As a
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result, the Secretary has no flexibility to
adjust the selection criteria in
accordance with the needs of the
program at the time of each competition.
The current selection criteria also limit
the opportunities to improve the
selection process, based upon
experience gained in running the
program.
Using the general selection criteria
listed in 34 CFR 75.210 would ensure
that the program selection process can
be refined over time, based upon the
needs and concerns identified at the
time of each competition. The general
selection criteria have been vetted and
tested across many Departmental
programs, and provide a wide range of
factors for evaluating applications in
any competition.
Substantively, there is significant
overlap between current § 272.30 and
the general selection criteria of 34 CFR
75.210, which would allow the
Secretary to continue to use some
similar elements of the selection
criteria, if those elements are deemed
the most appropriate choices for
ensuring high-quality applicants.
Similarly, allowing the Secretary to
identify the point values for each
selection criterion at the time of the
competition would allow the Secretary
to hone the selection process over time.
The Secretary will have the flexibility to
weight more heavily those selection
criteria determined to be most important
in identifying effective centers.
Finally, this change will bring the
EAC regulations into alignment with
many other Departmental regulations for
discretionary grant programs.
Section 270.21 How does the Secretary
determine the amount of a grant?
Statute: Title IV of the Civil Rights
Act of 1964 is silent about how the
Secretary may determine the amount of
each grant. The Secretary has the
authority to regulate this issue under 20
U.S.C. 1221e–3 and 3474.
Current Regulations: Under current
§ 272.32, the Secretary determines the
amount of an EAC grant award on the
basis of the amount of funds available
under this part. The Secretary also
conducts a cost analysis of the project.
The Secretary considers the magnitude
of the expected needs of responsible
governmental agencies for desegregation
assistance in the geographic region, as
well as the costs required to meet the
expected needs. Further, under current
§ 272.32(d), the Secretary considers the
size and racial or ethnic diversity of the
student population of the geographic
region. Finally, the Secretary considers
any other information concerning
desegregation problems and proposed
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activities that the Secretary finds
relevant in the applicant’s geographic
region.
Proposed Regulations: We propose to
amend current § 272.32(c) to consider
the ‘‘evidence supporting the magnitude
of the demonstrated need of the
responsible governmental agencies for
desegregation assistance,’’ instead of
‘‘expected need.’’ We propose to update
current § 272.32(d) to replace the
reference to ‘‘the DAC’’ with ‘‘the EAC.’’
We also propose to move current
§ 272.32 to part 270, as proposed
§ 270.21.
Reasons: We propose that the
Secretary determines the amount of a
grant on the basis of ‘‘evidence
supporting the magnitude of the
demonstrated need’’ rather than
‘‘expected need’’ to encourage
applicants to support their stated needs
with data demonstrating the technical
assistance needs of the geographic
region.
An approach to technical assistance
informed by data and evidence would
promote comprehensive and
preventative policies to combat
segregation. Encouraging applicants to
analyze needs of their geographic
regions during the application process
will jumpstart these efforts. Finally, a
data-driven approach to geographic
need will help potential applicants
anticipate the future needs of their
regions and make better use of existing
resources.
Section 270.30 What conditions must
be met by a recipient of a grant?
Statute: Title IV of the Civil Rights
Act of 1964 is silent about the
conditions that must be met by a
recipient. The Secretary has the
authority to regulate on this issue under
20 U.S.C. 1221e–3 and 3474.
Current Regulations: Pursuant to
current § 272.40, a recipient of EAC
grant funds must operate an EAC in the
geographic region to be served and have
a full-time project director. The EAC
must also coordinate assistance in its
geographic region with appropriate
SEAs funded under 34 CFR part 271.
Proposed Regulations: We propose to
replace all references to ‘‘DAC’’ or
‘‘DACs’’ with ‘‘EAC’’ or ‘‘EACs.’’ We
also propose to amend current
§ 272.40(c) to state that a recipient of a
grant under this part must coordinate
assistance in its geographic region with
appropriate SEAs, Comprehensive
Centers, Regional Educational
Laboratories, and other Federal
technical assistance centers. As part of
this coordination, the recipient would
seek to prevent duplication of assistance
where an SEA, Comprehensive Center,
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or Regional Educational Laboratory may
have already provided assistance to the
responsible governmental agency.
Finally, we propose to move current
§ 272.40 to part 270, as proposed
§ 270.30.
Reasons: The Department is
proposing to replace all reference to
DACs with the equivalent reference to
EACs to reflect the proposal to change
the term to Equity Assistance Centers.
Proposed § 270.30(c) would specify
that a recipient of a grant under this part
must coordinate assistance in its
geographic region with appropriate
SEAs, Comprehensive Centers, Regional
Educational Laboratories and other
Federal technical assistance centers.
This change is meant to reflect two
important updates: First, the EACs
would not be required to coordinate
with SEAs funded under the SEA
program, because the SEA Program no
longer exists and no SEAs are funded
under this program. Second, the
proposed regulations would highlight
the centers’ responsibilities to work
with a variety of stakeholders by noting
that they ‘‘must coordinate’’ with
appropriate SEAs, Comprehensive
Centers, Regional Educational
Laboratories, and other Federal
technical assistance centers. We propose
to promote this coordination to prevent
technical assistance centers from
duplicating work and to encourage
technical assistance centers to share
expertise regarding equity and
desegregation issues.
Section 270.32 What limitation is
imposed on providing Equity Assistance
under this program?
Statute: Under section 403 of Title IV
of the Civil Rights Act of 1964, the
Secretary may render technical
assistance upon application to any
school board, State, municipality,
school district, or other governmental
unit legally responsible for operating a
public school or schools. The Secretary
has the authority to regulate the
provision of technical assistance under
20 U.S.C. 1221e–3 and 3474.
Current Regulations: Current
§ 270.6(a) states that a recipient of a
grant for race or national origin
desegregation assistance may not use
funds to assist in the development or
implementation of activities or the
development of curriculum materials for
the direct instruction of students to
improve their academic and vocational
achievement levels. However, current
§ 270.6(b) provides that a recipient of a
grant for national origin desegregation
assistance may use funds to assist in the
development and implementation of
activities or the development of
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curriculum materials for the direct
instruction of students of limited
English proficiency, to afford these
students a full opportunity to
participate in all educational programs.
Proposed Regulations: We propose to
remove current § 270.6(b) in its entirety.
We also propose to amend current
§ 270.6(a) to simply state that a recipient
of a grant under this program may not
use funds to assist in the development
or implementation of activities or the
development of curriculum materials for
the direct instruction of students to
improve their academic and vocational
achievement levels.
Reasons: We propose to clarify that
the prohibition on the development of
curriculum materials for direct
instruction applies to technical
assistance activities under this program.
Consistent with the General Education
Provisions Act (GEPA), 20 U.S.C.
1232(a), we cannot and do not authorize
centers to exercise direction or control
over the curriculum. As currently
drafted, these provisions could be
misconstrued to permit the
development or implementation of
activities for direct instruction;
removing the provisions will ensure
clarity. Moreover, this approach is
similar to that taken in the most recent
notice of final priorities, requirements,
and selection criteria for the
Comprehensive Centers Program
published in the Federal Register on
June 6, 2012 (77 FR 33573). In that
notice, we stated that an applicant could
not meet the program requirements by
proposing a technical assistance plan
that included designing or developing
curricula or instructional materials for
use in classrooms. Finally, we have
removed the limitation under current
§ 270.6(a) that these regulations only
apply to grants ‘‘for race or national
origin desegregation assistance’’ because
the limitations on curriculum
development under GEPA 1232(a) apply
to all technical assistance activities
under this program. Thus, the proposed
changes align these regulations with the
statutory limitations on developing
curriculum that apply to other technical
assistance centers.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
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 the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
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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
stated in the Executive order.
This proposed regulatory action is a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
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Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing these proposed
regulations only on a reasoned
determination that their benefits would
justify their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that would
maximize net benefits. Based on the
analysis that follows, the Department
believes that these proposed regulations
are consistent with the principles in
Executive Order 13563.
We have also determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
associated with this regulatory action
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Discussion of Costs and Benefits: We
have determined that the potential costs
associated with this regulatory action
would be minimal while the potential
benefits are significant.
For Equity Assistance Center grants,
applicants may anticipate costs in
developing their applications.
Application, submission, and
participation in a competitive
discretionary grant program are
voluntary. The proposed regulations
would create flexibility for us to use
general selection criteria listed in
EDGAR 75.210. We believe that any
criterion from EDGAR 75.210 that
would be used in a future grant
competition would not impose a
financial burden that applicants would
not otherwise incur in the development
and submission of a grant application.
Other losses may stem from the
reduction of the number of regional
centers for those applicants that do not
receive a grant in future funding years,
including the costs of eliminating those
centers and associated job losses.
Notably, we do not believe that
reducing the number of regions would
prevent EACs from providing technical
assistance to beneficiaries across the
country. Technological advancements
allow EACs to provide effective and
coordinated technical assistance across
much greater geographic distances than
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when the current regulations were
promulgated in 1987.
The benefits include enhancing
project design and quality of services to
better meet the statutory objectives of
the programs. These proposed changes
would also allow more funds to be used
directly for providing technical
assistance to responsible governmental
agencies for their work in equity and
desegregation by reducing the amount of
funds directed to overhead costs. The
proposed flexibility of the geographic
regions would increase the
Department’s ability to be strategic with
limited resources. In addition, these
changes would result in each center
receiving a greater percentage of the
overall funds for the program, and this
greater percentage and amount of funds
for each selected applicant would help
to incentivize a greater diversity of
applicants.
In addition, the Secretary believes
that students covered under sex
desegregation and religion desegregation
would strongly benefit from the
proposed regulations. The revised
definition of ‘‘sex desegregation’’ would
eliminate lost opportunities for
assistance by providing clarification
regarding the scope of issues covered
under sex desegregation, thus removing
any confusion for EACs and the
beneficiaries they serve as to which
parties are entitled to assistance under
this term. For religion desegregation,
grantees would need to provide
technical assistance to responsible
governmental agencies seeking
assistance on this subject, but the costs
associated with these new technical
assistance activities would be covered
by program funds.
Elsewhere in this section under
Paperwork Reduction Act of 1995, we
identify and explain burdens
specifically associated with information
collection requirements.
Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum ‘‘Plain
Language in Government Writing’’
require each agency to write regulations
that are easy to understand.
The Secretary invites comments on
how to make these proposed regulations
easier to understand, including answers
to questions such as the following:
• Are the requirements in the
proposed regulations clearly stated?
• Do the proposed regulations contain
technical terms or other wording that
interferes with their clarity?
• Does the format of the proposed
regulations (grouping and order of
sections, use of headings, paragraphing,
etc.) aid or reduce their clarity?
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• Would the proposed regulations be
easier to understand if we divided them
into more (but shorter) sections? (A
‘‘section’’ is preceded by the symbol
‘‘§ ’’ and a numbered heading; for
example, § 270.1 What is the Equity
Assistance Center Program?)
• Could the description of the
proposed regulations in the
SUPPLEMENTARY INFORMATION section of
this preamble be more helpful in
making the proposed regulations easier
to understand? If so, how?
• What else could we do to make the
proposed regulations easier to
understand?
To send any comments that concern
how the Department could make these
proposed regulations easier to
understand, see the instructions in the
ADDRESSES section.
Regulatory Flexibility Act Certification
The Secretary certifies that these
proposed regulations would not have a
significant economic impact on a
substantial number of small entities.
The U.S. Small Business Administration
Size Standards define institutions as
‘‘small entities’’ if they are for-profit or
nonprofit institutions with total annual
revenue below $15,000,000, and defines
‘‘non-profit institutions’’ as small
organizations if they are independently
owned and operated and not dominant
in their field of operation, or as small
entities if they are institutions
controlled by governmental entities
with populations below 50,000. The
Secretary invites comments from small
entities as to whether they believe the
proposed changes would have a
significant economic impact on them
and, if so, requests evidence to support
that belief. The Secretary believes that
the small entities which will be
primarily affected by these regulations
are public agencies and private,
nonprofit organizations that would be
eligible to receive a grant under this
program. However, the Secretary
believes that the proposed regulations
would not have a significant economic
impact on these small entities because
the regulations do not impose excessive
regulatory burdens or require
unnecessary Federal supervision, and
will not affect the current status quo for
the burden imposed on these small
entities under existing regulations.
However, the Secretary specifically
invites comments on the effects of the
proposed regulations on small entities,
and on whether there may be further
opportunities to reduce any potential
adverse impact or increase potential
benefits resulting from these proposed
regulations without impeding the
effective and efficient administration of
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Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Proposed Rules
proposes to amend parts 270, 271, and
272 of title 34 of the Code of Federal
Regulations as follows:
the Equity Assistance Center grant
program.
Paperwork Reduction Act of 1995
These proposed regulations do not
contain any information collection
requirements.
1. Part 270 is revised to read as
follows:
■
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 these programs.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document:
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 via the Federal Digital System
at: www.gpo.gov/fdsys. 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 Adobe 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.
PART 270— EQUITY ASSISTANCE
CENTER PROGRAM
Subpart A—General
Sec.
270.1 What is the Equity Assistance Center
Program?
270.2 Who is eligible to receive a grant
under this program?
270.3 Who may receive assistance under
this program?
270.4 What types of projects are authorized
under this program?
270.5 What geographic regions do the
EACs serve?
270.6 What regulations apply to this
program?
270.7 What definitions apply to this
program?
Subpart B—[RESERVED]
Subpart C—How Does the Secretary Award
a Grant?
Sec.
270.20 How does the Secretary evaluate an
application for a grant?
270.21 How does the Secretary determine
the amount of a grant?
Subpart D—What Conditions Must I Meet
After I Receive a Grant?
Sec.
270.30 What conditions must be met by a
recipient of a grant?
270.31 What stipends and related
reimbursements are authorized under
this program?
270.32 What limitation is imposed on
providing Equity Assistance under this
program?
Authority: 42 U.S.C. 2000c–2000c–2,
2000c–5, unless otherwise noted.
PART 270—EQUITY ASSISTANCE
CENTER PROGRAM
§ 270.2 Who is eligible to receive a grant
under this program?
A public agency (other than a State
educational agency or a school board) or
private, nonprofit organization is
eligible to receive a grant under this
program.
§ 270.3 Who may receive assistance under
this program?
(a) The recipient of a grant under this
part may provide assistance only if
requested by school boards or other
responsible governmental agencies
located in its geographic region.
(b) The recipient may provide
assistance only to the following persons:
(1) Public school personnel.
(2) Students enrolled in public
schools, parents of those students,
community organizations and other
community members.
§ 270.4 What types of projects are
authorized under this program?
(a) The Secretary may award funds to
EACs for projects offering technical
assistance (including training) to school
boards and other responsible
governmental agencies, at their request,
for assistance in the preparation,
adoption, and implementation of plans
for the desegregation of public schools.
(b) A project must provide technical
assistance in all four of the
desegregation assistance areas, as
defined in § 270.7.
(c) Desegregation assistance may
include, among other activities:
(1) Dissemination of information
regarding effective methods of coping
with special educational problems
occasioned by desegregation;
(2) Assistance and advice in coping
with these problems; and
(3) Training designed to improve the
ability of teachers, supervisors,
counselors, parents, community
members, community organizations,
and other elementary or secondary
school personnel to deal effectively with
special educational problems
occasioned by desegregation.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(Catalog of Federal Domestic Assistance
Number: 84.004D)
Subpart A—General
List of Subjects in 34 CFR Parts 270,
271, and 272
Elementary and secondary education,
Equal educational opportunity, Grant
programs—education, Reporting and
recordkeeping requirements.
§ 270.1 What is the Equity Assistance
Center Program?
§ 270.5 What geographic regions do the
EACs serve?
This program provides financial
assistance to operate regional Equity
Assistance Centers (EACs), to enable
them to provide technical assistance
(including training) at the request of
school boards and other responsible
governmental agencies in the
preparation, adoption, and
implementation of plans for the
desegregation of public schools, and in
the development of effective methods of
coping with special educational
problems occasioned by desegregation.
(a) The Secretary awards a grant to
provide race, sex, national origin, and
religion desegregation assistance under
this program to regional Equity
Assistance Centers serving designated
geographic regions.
(b) The Secretary announces in the
Federal Register the number of centers
and geographic regions for each
competition.
(c) The Secretary determines the
number and boundaries of each
geographic region for each competition
Dated: March 17, 2016.
Ann Whalen,
Senior Advisor to the Secretary, Delegated
the Duties of Assistant Secretary for
Elementary and Secondary Education.
For the reasons discussed in the
preamble, and under the authority of 20
U.S.C. 3474, the Secretary of Education
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on the basis of one or more of the
following:
(1) Size and diversity of the student
population;
(2) The number of LEAs;
(3) The composition of urban, city,
and rural LEAs;
(4) The history of the Equity
Assistance Center technical assistance
activities, and other Department
technical assistance activities, carried
out in each geographic region; and
(5) The amount of funding available
for the competition.
§ 270.6 What regulations apply to this
program?
The following regulations apply to
this program:
(a) The Education Department General
Administrative Regulations (EDGAR) in
34 CFR part 75 (Direct Grant Programs),
part 77 (Definitions That Apply to
Department Regulations), part 79
(Intergovernmental Review of
Department of Education Programs and
Activities), and part 81 (General
Education Provisions Act—
Enforcement), except that 34 CFR
75.232 (relating to the cost analysis)
does not apply to grants under this
program.
(b) The regulations in this part.
(c) The Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
in 2 CFR part 200, as adopted in 2 CFR
part 3474 and the OMB Guidelines to
Agencies on Governmentwide
Debarment and Suspension
(Nonprocurement) in 2 CFR part 180, as
adopted in 2 CFR part 3485.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
§ 270.7 What definitions apply to this
program?
In addition to the definitions in 34
CFR 77.1, the following definitions
apply to the regulations in this part:
Desegregation assistance means the
provision of technical assistance
(including training) in the areas of race,
sex, national origin and religion
desegregation of public elementary and
secondary schools.
Desegregation assistance areas means
the areas of race, sex, national origin
and religion desegregation.
Equity Assistance Center means a
regional desegregation technical
assistance and training center funded
under this part.
English learner has the same meaning
under this part as the same term defined
in section 8101(20) of the Elementary
and Secondary Education Act, as
amended.
(Authority: Section 8101(20) of the
Elementary and Secondary Education Act of
1965, as amended by the Every Student
Succeeds Act, Pub. L. 114–95 (2015) (ESSA))
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National origin desegregation means
the assignment of students to public
schools and within those schools
without regard to their national origin,
including providing students such as
those who are English learners with a
full opportunity for participation in all
educational programs regardless of their
national origin.
Public school means any elementary
or secondary educational institution
operated by a State, subdivision of a
State, or governmental agency within a
State, or operated wholly or
predominantly from or through the use
of governmental funds or property, or
funds or property derived from
governmental sources.
Public school personnel means school
board members and persons who are
employed by or who work in the
schools of a responsible governmental
agency, as that term is defined in this
section.
Race desegregation means the
assignment of students to public schools
and within those schools without regard
to their race, including providing
students with a full opportunity for
participation in all educational
programs regardless of their race. ‘‘Race
desegregation’’ does not mean the
assignment of students to public schools
to correct conditions of racial separation
that are not the result of State or local
law or official action.
Religion desegregation means the
assignment of students to public schools
and within those schools without regard
to their religion, including providing
students with a full opportunity for
participation in all educational
programs regardless of their religion.
Responsible governmental agency
means any school board, State,
municipality, school district, or other
governmental unit legally responsible
for operating a public school or schools.
School board means any agency or
agencies that administer a system of one
or more public schools and any other
agency that is responsible for the
assignment of students to or within that
system.
Sex desegregation means the
assignment of students to public schools
and within those schools without regard
to their sex (including transgender
status, gender identity, sex stereotypes,
and pregnancy and related conditions),
including providing students with a full
opportunity for participation in all
educational programs regardless of their
sex.
Special educational problems
occasioned by desegregation means
those issues that arise in classrooms,
schools, and communities as a result of
desegregation efforts based on race,
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15675
national origin, sex, or religion. The
phrase does not refer to the provision of
special education and related services
for students with disabilities as defined
under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.)
Subpart B—[Reserved]
Subpart C—How Does the Secretary
Award a Grant?
§ 270.20 How does the Secretary evaluate
an application for a grant?
(a) The Secretary evaluates the
application on the basis of the criteria
in 34 CFR 75.210.
(b) The Secretary selects the highest
ranking application for each geographic
region to receive a grant.
§ 270.21 How does the Secretary
determine the amount of a grant?
The Secretary determines the amount
of a grant on the basis of:
(a) The amount of funds available for
all grants under this part;
(b) A cost analysis of the project (that
shows whether the applicant will
achieve the objectives of the project
with reasonable efficiency and economy
under the budget in the application), by
which the Secretary:
(1) Verifies the cost data in the
detailed budget for the project;
(2) Evaluates specific elements of
costs; and
(3) Examines costs to determine if
they are necessary, reasonable, and
allowable under applicable statutes and
regulations;
(c) Evidence supporting the
magnitude of the need of the
responsible governmental agencies for
desegregation assistance in the
geographic region and the cost of
providing that assistance to meet those
needs, as compared with the evidence
supporting the magnitude of the needs
for desegregation assistance, and the
cost of providing it, in all geographic
regions for which applications are
approved for funding;
(d) The size and the racial, ethnic, or
religious diversity of the student
population of the geographic region for
which the EAC will provide services;
and
(e) Any other information concerning
desegregation problems and proposed
activities that the Secretary finds
relevant in the applicant’s geographic
region.
Subpart D—What Conditions Must I
Meet After I Receive a Grant?
§ 270.30 What conditions must be met by
a recipient of a grant?
(a) A recipient of a grant under this
part must:
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Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Proposed Rules
(1) Operate an EAC in the geographic
region to be served; and
(2) Have a full-time project director.
(b) A recipient of a grant under this
part must coordinate assistance in its
geographic region with appropriate
SEAs, Comprehensive Centers, Regional
Educational Laboratories, and other
Federal technical assistance centers. As
part of this coordination, the recipient
shall seek to prevent duplication of
assistance where an SEA,
Comprehensive Center, Regional
Educational Laboratory, or other Federal
technical assistance center may have
already provided assistance to the
responsible governmental agency.
§ 270.31 What stipends and related
reimbursements are authorized under this
program?
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(a) The recipient of an award under
this program may pay:
(1) Stipends to public school
personnel who participate in technical
assistance or training activities funded
under this part for the period of their
attendance, if the person to whom the
stipend is paid receives no other
compensation for that period; or
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(2) Reimbursement to a responsible
governmental agency that pays
substitutes for public school personnel
who:
(i) Participate in technical assistance
or training activities funded under this
part; and
(ii) Are being compensated by that
responsible governmental agency for the
period of their attendance.
(b) A recipient may pay the stipends
and reimbursements described in this
section only if it demonstrates that the
payment of these costs is necessary to
the success of the technical assistance or
training activity, and will not exceed 20
percent of the total award.
(c) If a recipient is authorized by the
Secretary to pay stipends or
reimbursements (or any combination of
these payments), the recipient shall
determine the conditions and rates for
these payments in accordance with
appropriate State policies, or in the
absence of State policies, in accordance
with local policies.
(d) A recipient of a grant under this
part may pay a travel allowance only to
a person who participates in a technical
assistance or training activity under this
part.
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(e) If the participant does not
complete the entire scheduled activity,
the recipient may pay the participant’s
transportation to his or her residence or
place of employment only if the
participant left the training activity
because of circumstances not reasonably
within his or her control.
§ 270.32 What limitation is imposed on
providing Equity Assistance under this
program?
A recipient of a grant under this
program may not use funds to assist in
the development or implementation of
activities or the development of
curriculum materials for the direct
instruction of students to improve their
academic and vocational achievement
levels.
PART 271 [REMOVED AND
RESERVED]
■
2. Part 271 is removed and reserved.
PART 272 [REMOVED AND
RESERVED]
■
3. Part 272 is removed and reserved.
[FR Doc. 2016–06439 Filed 3–23–16; 8:45 am]
BILLING CODE 4000–01–P
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]]>Agencies
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Proposed Rules]
[Pages 15665-15676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06439]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Parts 270, 271, and 272
RIN 1810-AB26
[Docket ID ED-2016-OESE-0006]
Equity Assistance Centers (Formerly Desegregation Assistance
Centers)
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Secretary proposes to revise the regulations that govern
the Equity Assistance Centers (EAC) program, authorized under Title IV
of the Civil Rights Act of 1964, and to remove the regulations that
govern the State Educational Agency Desegregation (SEA) program,
authorized under Title IV of the Civil Rights Act of 1964. Once final
and effective, these amended EAC regulations would govern the
application process for new EAC grant awards. The proposed regulations
would update the definitions applicable to this program; remove the
existing selection criteria; and provide the Secretary with flexibility
to determine the number and composition of geographic regions for the
program. Additionally, the proposed regulations would remove the
regulations for the SEA program, which is no longer funded.
DATES: We must receive your comments on or before April 25, 2016.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to 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 ``Are you new to the site?''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed regulations, address
them to: Britt Jung, U.S. Department of Education, 400 Maryland Avenue
SW., Room 3E231, Washington, DC 20202-6135. Telephone: (202) 205-4513.
Privacy Note: The Department's policy is to make all comments
received
[[Page 15666]]
from members of the public available for public viewing in their
entirety on the Federal eRulemaking Portal at www.regulations.gov.
Therefore, commenters should be careful to include in their comments
only information that they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: Britt Jung, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3E231, Washington, DC 20202-
6135. Telephone: (202) 205-4513 or by email: britt.jung@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
these proposed regulations. To ensure that your comments have maximum
effect in developing the final regulations, we urge you to identify
clearly the specific section or sections of the proposed regulations
that each of your comments addresses and to arrange your comments in
the same order as the proposed regulations.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from these
proposed regulations. 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 Department's programs
and activities.
Specific Issues Open for Comment
In addition to your general comments, we are interested in your
feedback on the proposed flexibility in selecting the number and
boundaries of the geographic regions. The Department currently plans to
reduce the number of regional centers in the first competition after
these final regulations become effective. We are particularly
interested in your feedback on the following questions:
Do applicants or program beneficiaries support the
proposed flexibility allowing the Secretary to choose the number of
regional centers?
What factors should the Secretary consider when
determining the composition of States in each geographic region?
Are there potential costs or benefits associated with the
proposed approach that we have not addressed?
During and after the comment period, you may inspect all public
comments about these proposed regulations by accessing Regulations.gov.
You may also inspect the comments in person in room 3E231, 400 Maryland
Avenue SW., Washington, DC, between 8:30 a.m. and 4 p.m., Washington,
DC time, Monday through Friday of each week except Federal holidays.
Please contact the person listed under FOR FURTHER INFORMATION CONTACT.
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 these proposed regulations. 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
The Secretary proposes to revise the general regulations in 34 CFR
part 270 that apply to both the EAC and the SEA programs and to revise
the regulations in 34 CFR part 272 that apply only to the EAC program.
We propose five key changes to these regulations. First, we propose to
amend the section that governs the existing geographic regions to allow
the Secretary flexibility in choosing the number and composition of
geographic regions to be funded with each competition. Second, we
propose to add religion to the areas of desegregation assistance, add a
definition for ``special educational problems occasioned by
desegregation,'' and amend the definition of ``sex desegregation'' to
clarify the protected individuals identified by this term. Third, we
propose to remove the existing selection criteria (to instead rely on
the General Selection Criteria listed under the Education Department
General Administrative Regulations (EDGAR) at 34 CFR 75.210). Fourth,
we propose to remove the limitations and exceptions established in
current 34 CFR 270.6 on providing desegregation assistance, to align
these regulations with those of other technical assistance centers.
Fifth, we propose to remove 34 CFR part 271, as the SEA program has not
been funded in twenty years. We also propose to merge part 272 into
part 270, so that a single part covers the EAC program.
We propose regulations that would permit the Secretary to establish
the geographic regions for the EAC program with each competition, so
the Department could respond to the magnitude of the need for
desegregation assistance across the nation, taking into account funding
levels and the circumstances that exist at the time of each
competition. The Department currently plans to fund four regional
centers in the first competition after these final regulations become
effective.
The proposed regulations would allow the Department to reduce the
current number of regional centers while still providing technical
assistance to beneficiaries across the nation. Presuming funding levels
for the program remain constant, this would increase the funding
available for each center and enable the centers to operate in the most
effective and efficient manner. Reducing the current number of regions
would limit the duplication of effort for overhead costs (such as
start-up costs, administrative support, rent, etc.), and redirect those
funds to technical assistance and support using the latest technology
available. Furthermore, reducing the number of regions would allow the
Department to provide more thorough support and monitoring of those
consolidated centers, while ensuring technical assistance is still
available to reach beneficiaries across the country. However, the
proposed regulations would provide the flexibility to change the number
and the composition of the regions in the future, in the event that
funding levels or technical assistance delivery platforms were to
change significantly. These decisions would necessarily take into
consideration the need for centers to continue to provide support for
communities across the country.
The proposed regulations would add religion to the areas of
desegregation assistance, as religion is specifically cited in Title IV
of the Civil Rights Act of 1964 as an area of desegregation assistance,
and add a definition for the term ``religion desegregation'' that is
consistent with the terms describing race, sex, and national origin
desegregation. The Department would amend the definition of a
``Desegregation Assistance Center'' to refer to it as an Equity
Assistance Center. The proposed regulations would also amend the
definition of ``sex desegregation'' to explain that the Department
interprets sex discrimination under Title IX to include discrimination
based on transgender status, gender identity, sex stereotypes, and
pregnancy and related conditions. Finally, the proposed regulations
would add a definition for ``special educational problems occasioned by
desegregation'' to clarify that this term does not refer to the
provision of special education and related services as defined by the
[[Page 15667]]
Individuals with Disabilities Education Act (IDEA). Children with
disabilities or staff providing services to them could be potential
beneficiaries of technical assistance if they are affected by
desegregation efforts.
The proposed regulations would also eliminate the selection
criteria and the prescribed point values under Sec. 272.30. At
present, the prescribed point values are unduly restrictive on the
Secretary's ability to structure each grant competition. Furthermore,
there is significant overlap between the existing selection criteria
and 34 CFR 75.210. As such, this change would provide the Secretary
with greater flexibility to address program needs at the time of each
competition, by allowing the use of any of the General Selection
Criteria listed in 34 CFR 75.210, while ensuring that the selected
projects for any competition meet the highest standards of professional
excellence.
The proposed regulations would remove current Sec. 270.6(b) in its
entirety and amend current Sec. 270.6(a) to broaden this section to
address all technical assistance activities under this program, rather
than only those for race and national origin desegregation assistance.
We propose to amend current Sec. 270.6 for clarity, and to align these
regulations with the limitations on developing curriculum that apply to
other technical assistance centers, such as the Comprehensive Centers.
Consistent with the General Education Provisions Act, 20 U.S.C.
1232(a), we cannot and do not authorize centers to exercise direction
or control over the curriculum. As currently drafted, Sec. 270.6(b)
could be misconstrued to permit the development or implementation of
activities for direct instruction; removing this provision will ensure
clarity. Moreover, this approach is similar to that taken in the most
recent notice of final requirements, priorities, and selection criteria
for the Comprehensive Centers Program published in the Federal Register
on June 6, 2012 (77 FR 33573). In that notice, we included a reminder
that an applicant could not meet the program requirements by proposing
a technical assistance plan that included designing or developing
curricula or instructional materials for use in classrooms.
Finally, the proposed regulations would remove 34 CFR part 271, and
merge current parts 270 and 272 into a single part under proposed 34
CFR part 270. The current regulations for the Desegregation of Public
Education Programs under 34 CFR part 270 govern both the SEA Program
and the EAC Program. The current regulations for part 272 govern the
EAC program. The current regulations for part 271 govern the SEA
program. We propose to remove 34 CFR part 271 (and any references to
part 271 in current parts 270 and 272), because the SEA Program has not
received funding in two decades and is no longer administered by the
Department. As the only program currently administered under the
Desegregation of Public Education Programs is the EAC Program, we
propose to move sections in current part 272 into part 270 so that
there is a single part governing the EAC program. As a result of
merging parts 270 and 272, we would reorder the sections within
proposed part 270. Additionally, we propose to remove current sections
Sec. Sec. 270.1 (desegregation of public education programs), 270.4
(types of projects funded by the desegregation of public education
programs), 272.3 (applicable regulations), and 272.4 (definitions), as
these sections would become redundant with the merger.
Table Demonstrating How the Current Regulations Would Be Renumbered
Under the Proposed Regulations
------------------------------------------------------------------------
Current section Proposed section Substantive changes
------------------------------------------------------------------------
270.1......................... (removed)........ N/A.
270.2......................... 270.6............ None.
270.3......................... 270.7............ The proposed
regulations would
update certain
definitions
applicable to this
program including
adding a new
definition of
religion
desegregation.
270.4......................... (removed)........ N/A.
270.5......................... 270.31........... None.
270.6......................... 270.32........... The proposed
regulations would
revise the
prohibition against
providing materials
for the direct
instruction of
students and remove
the exception under
current 270.6(b).
Part 271...................... (removed)........ The proposed
regulations would
remove the
regulations for the
SEA program, which
is no longer funded.
272.1......................... 270.1............ The proposed
regulations would
update program name
to Equity Assistance
Centers.
272.2......................... 270.2............ None.
272.3......................... (removed)........ N/A.
272.4......................... (removed)........ N/A.
272.10........................ 270.4............ The proposed
regulations would
add ``community
organizations'' to
the list of parties
that may receive
desegregation
assistance under
this program.
272.11........................ 270.3............ None.
272.12........................ 270.5............ The proposed
regulations would
revise the number of
geographic regions
served by the EACs.
272.30........................ (removed)........ The proposed
regulations would
remove the existing
selection criteria.
272.31........................ 270.20........... None.
272.32........................ 270.21........... The proposed
regulations would
replace ``expected
need'' with
``evidence
supporting the
magnitude of the
demonstrated need''
as it relates to the
Secretary's
determination of the
amount of a grant.
272.40........................ 270.30........... The proposed
regulations would
broaden EAC
coordination of
technical assistance
to include
``Comprehensive
Centers, Regional
Educational
Laboratories, and
other Federal
technical assistance
centers.''
------------------------------------------------------------------------
[[Page 15668]]
Significant Proposed Regulations
We discuss substantive issues under the sections of the proposed
regulations to which they pertain. Generally, we do not address
proposed regulatory changes that are technical or otherwise minor in
effect.
PART 270--DESEGREGATION OF PUBLIC EDUCATION
Section 270.1 What is the Equity Assistance Center Program?
Statute: Under Title IV of the Civil Rights Act of 1964, 42 U.S.C.
2000c-2000c-2 and 2000c-5, the Secretary is authorized, upon the
application of any school board, State, municipality, school district,
or other governmental unit legally responsible for operating a public
school or schools, to render technical assistance to such applicant in
the preparation, adoption, and implementation of plans for the
desegregation of public schools.
Current Regulations: Current Sec. 270.1 refers to the
``Desegregation of Public Education programs,'' which includes both the
SEA Program and the DAC Program.
Proposed Regulations: We propose to replace this section with the
language of current Sec. 272.1; in addition, we propose to change the
name of the centers from Desegregation Assistance Centers (DACs) to
Equity Assistance Centers. Our proposed regulations would also remove
the reference to the SEA Program.
Reasons: When first implemented, the Desegregation of Public
Education Programs under 34 CFR part 270 covered both the SEA Program
(current part 271) and the DAC Program (current part 272). The SEA
Program under current part 271 has not received funding since 1995 and
is not currently administered by the Department. Therefore, we propose
to remove all regulations for this program.
We propose to change the name from Desegregation Assistance Centers
to Equity Assistance Centers because the term ``equity'' better
reflects the breadth of the types of desegregation issues faced in
schools now, as students from different backgrounds and experiences are
brought together. Ultimately, the purpose of the regional centers is to
ensure access to educational opportunities for all students without
regard to their race, sex, national origin, or religion. In the 21st
century, issues related to desegregation include harassment, school
climate, resource equity gaps, discrimination, and instructional
practices designed to reach all students. The Department has for some
time referred to the regional assistance centers as ``Equity Assistance
Centers'' in the notices inviting applications, in cooperative
agreements, and on OESE's Web page for the grant program. The majority
of the current regional centers refer to themselves as ``Equity
Centers'' or ``Equity Assistance Centers.'' Therefore, we believe it is
appropriate to formally refer to the regional centers as ``Equity
Assistance Centers.''
Section 270.2 Who is eligible to receive a grant under this program?
Statute: Section 403 of Title IV of the Civil Rights Act of 1964
states that the Secretary may render technical assistance upon the
application of any school board, State, municipality, school district,
or other governmental unit legally responsible for operating a public
school or schools.
Current Regulations: Under current Sec. 272.2, any public agency
(other than an SEA or school board) or private, nonprofit organization
is eligible to receive an EAC grant.
Proposed Regulations: We propose to move current Sec. 272.2
(without any changes) to part 270 as Sec. 270.2.
Reasons: We propose to move this section so that there is a single
part covering the EAC program.
Section 270.3 Who may receive assistance under this program?
Statute: Under section 403 of title IV of the Civil Rights Act of
1964, any school board, State, municipality, school district, or other
governmental unit legally responsible for operating a public school or
schools may, upon request, receive technical assistance. The Secretary
has the authority to prescribe how the technical assistance is
provided, i.e., through regional centers, and who the beneficiaries are
of the technical assistance under this program in accordance with 20
U.S.C. 1221e-3 and 3474.
Current Regulations: The current regulation Sec. 272.11 states
that a recipient of a grant under these parts, i.e., the regional
centers, may provide assistance only if requested by a governmental
unit legally responsible for operating a public school or schools
located in its geographical service area. The regional centers are
permitted to provide assistance to public school personnel and students
enrolled in public schools, parents of those students, and other
community members.
Proposed Regulations: We propose to move current Sec. 272.11 to
part 270 as Sec. 270.3. We also propose to expand the list of
beneficiaries who may receive technical assistance from the regional
centers to include ``community organizations'' in addition to
``community members.''
Reasons: We propose to include community organizations within the
list of beneficiaries who may receive assistance from the regional
centers to clarify that all stakeholders with significant ties to
public schools and students may assist in preparing, adopting, and
implementing plans for the desegregation of public schools.
Section 270.4 What types of projects are authorized under this program?
Statute: Section 403 of Title IV of the Civil Rights Act of 1964
authorizes the Secretary to provide for technical assistance to any
school board, State, municipality, school district, or other
governmental unit legally responsible for operating a public school or
schools, upon request, by making available information regarding
effective methods of coping with special educational problems
occasioned by desegregation, and by making available the Department's
personnel or other persons specially equipped to advise and assist in
coping with such problems. The statute specifies that this technical
assistance may include these actions ``among other activities.'' The
Secretary has the authority to regulate other technical assistance
activities that apply to the Equity Assistance Centers program under 20
U.S.C. 1221e-3 and 3474.
Current Regulations: Current Sec. 272.10 states that the Secretary
may award funds to DACs for projects offering technical assistance to
governmental units legally responsible for operating a public school or
schools, at their request, for assistance in the preparation, adoption,
and implementation of desegregation plans. These projects must provide
technical assistance in each of the following three areas of
desegregation assistance: (1) Race, (2) sex, and (3) national origin.
The section includes a non-exhaustive list of categories of
desegregation assistance activities that are permissible under the
statute, including training designed to improve the ability to
effectively address special educational problems occasioned by
desegregation, and identifies certain beneficiaries of such training.
Proposed Regulations: We propose to move current Sec. 272.10 to
part 270 as Sec. 270.4 and to make the following changes in proposed
Sec. 270.4. We propose to amend the reference to DACs in current Sec.
272.10(a) to ``EACs.'' We also propose to add ``community
organizations'' to the list of beneficiaries of desegregation technical
assistance
[[Page 15669]]
activities in current Sec. 272.10(c)(3). Finally, we propose to update
the number of desegregation assistance areas from ``all three'' in
current Sec. 272.10(b) to ``all four.''
Reasons: We propose to update all references to DACs to now refer
to EACs, to be consistent with our change to describe the centers as
``Equity Assistance Centers'' set forth in proposed Sec. 270.7. We
propose to add ``community organizations'' to the list of beneficiaries
of desegregation technical assistance activities because the Department
believes that community organizations with substantive ties to a public
school can be effective stakeholders in working with schools and other
responsible governmental agencies on issues this program seeks to
address. We propose to revise Sec. 272.10(b) to refer to four
desegregation assistance areas, instead of three, to reflect the
addition of religion desegregation to the existing desegregation
assistance areas, as discussed in the explanation of proposed Sec.
270.6.
Section 270.5 What geographic regions do the EACs serve?
Statute: Under section 403 of Title IV of the Civil Rights Act of
1964, the Secretary may render technical assistance upon application to
any school board, State, municipality, school district, or other
governmental unit legally responsible for operating a public school or
schools. The statute does not prescribe the specific number of centers
or geographic regions under the program. The Secretary has the
authority to regulate the provision of technical assistance under 20
U.S.C. 1221e-3 and 3474.
Current Regulations: Current Sec. 272.12 provides that the
Secretary awards grants for desegregation assistance in ten geographic
regions. The current regulations specify the States located within each
of the ten geographic regions.
Proposed Regulations: We propose to eliminate the current
requirement that EACs serve ten geographic regions and reduce the
number of regional centers. The proposed regulations state that the
Secretary would announce in the Federal Register the number of centers
and regions to be covered for each competition and identify the
criteria the Secretary considers when determining the number and
boundaries of the geographic regions. Thus, the proposed regulations
would allow the Secretary to choose the number of centers and the
geographic composition of each center in any given grant cycle. The
criteria the Secretary considers when determining the number and
boundaries of the regions would include (1) size and diversity of the
student population; (2) the number of LEAs; (3) the composition of
urban, city, and rural LEAs; (4) the history of Equity Assistance
Center and other Department technical assistance activities carried out
in each geographic region; and (5) the amount of funding available for
the competition. We also propose to move current Sec. 272.12 to
proposed Sec. 270.5.
Reasons: The proposed regulations would allow the Secretary to
choose the number of centers and the geographic composition of each
center in any given grant cycle, which would allow the Secretary to
reduce the number of regional centers moving forward. The proposed
regulations identify criteria the Secretary considers when determining
the number and boundaries of geographic regions for a given grant year,
which are designed to provide a variety of criteria the Secretary would
use to determine the demand and underlying needs of each geographic
region.
This proposed change would allow the Secretary the flexibility to
consider the amount of available funding for the EAC program and
distribute it among an appropriate number of geographic regions. Since
the Department was created, the amount of funding for the EAC program
has dropped significantly, from $45 million in FY 1980 (for all
Desegregation of Public Education programs) to $6.6 million in FY 2016
for EAC grants. In developing the proposed regulations for this
section, the Department reasoned that limiting the number of centers
may be appropriate at times to reduce overhead costs and to ensure that
a greater percentage of funds are used to directly serve beneficiaries.
We also believe this change would improve each individual center's
capacity to carry out robust technical assistance. Consolidating the
number of regional centers would also help the Department to award
grants to the highest-quality applications in future grant cycles.
The proposed regulations would enable the centers to operate in the
most effective and efficient manner by limiting the duplication of
effort for overhead costs and redirecting those funds to technical
assistance. In addition, providing each center with more resources
would help each individual center attract and retain the highest-
quality experts in the field. Similarly, flexibility to determine the
boundaries of geographic regions may enable more effective responses to
new or emerging issues in the field by allowing the Secretary to create
geographic regions based on areas facing similar issues. Furthermore,
the capabilities of technology have changed dramatically since this
program's enactment; the Internet now allows EACs to provide effective
and coordinated technical assistance across much greater geographic
distances than would have been possible when the current regulations
were promulgated in 1987. Finally, allowing the Secretary to establish
the number of regional centers for each competition will allow the
Department to try different numbers to reach the optimal number of
regional centers, without undergoing rulemaking each time it is
necessary to alter the regions served under this program.
Section 270.6 What definitions apply to this program?
Statute: Under section 401 of title IV of the Civil Rights Act of
1964, the terms ``Secretary,'' ``Desegregation,'' ``Public school,''
and ``School board'' are defined. The Secretary has the authority to
define through regulation other terms that apply to the Equity
Assistance Centers program under 20 U.S.C. 1221e-3 and 3474.
Current Regulations: Current Sec. 270.3 defines key terms used by
the Department in administering the program. Under the current
regulations:
``Desegregation assistance'' means the provision of
technical assistance (including training) in the areas of race, sex,
and national origin desegregation of public elementary and secondary
schools.
``Desegregation assistance areas'' means the areas of
race, sex, and national origin desegregation.
``Desegregation Assistance Center'' means a regional
desegregation technical assistance and training center funded under 34
CFR part 272.
``Limited English proficiency'' has the same meaning under
this part as the same term defined in 34 CFR 500.4 of the General
Provisions regulations for the Bilingual Education Program.
``National origin desegregation'' means the assignment of
students to public schools and within those schools without regard to
their national origin, including providing students of limited English
proficiency with a full opportunity for participation in all
educational programs.
``Race desegregation'' means the assignment of students to
public schools and within those schools without regard to their race
including providing students with a full opportunity for participation
in all educational programs regardless of their race. ``Race
desegregation'' does not mean the assignment of students to public
schools
[[Page 15670]]
to correct conditions of racial separation that are not the result of
State or local law or official action.
``Sex desegregation'' means the assignment of students to
public schools and within those schools without regard to their sex
including providing students with a full opportunity for participation
in all educational programs regardless of their sex.
Proposed Regulations: First, we propose to change the name from
``Desegregation Assistance Center'' to ``Equity Assistance Center.''
``Equity Assistance Center'' would be defined as a regional
desegregation technical assistance and training center funded under
this part. Second, we propose to clarify and update the definition of
``sex desegregation'' to explain that sex desegregation includes
desegregation based on transgender status, gender identity, sex
stereotypes, and pregnancy and related conditions. Third, we propose to
add religion desegregation to the definition of ``desegregation
assistance'' and the ``desegregation assistance areas,'' and to define
``religion desegregation'' in this section. Fourth, we propose to
replace the current definition of ``limited English proficiency (LEP)''
with the definition of ``English learner'' under section 8101(20) of
the Elementary and Secondary Education Act of 1965 (ESEA), as amended
by the Every Student Succeeds Act, Public Law 114-95 (2015) (ESSA), and
make conforming changes to the definition of ``national origin
discrimination'' including replacing the reference to students of
``limited English .proficiency'' to ``English learner'' students.
Fifth, we propose to add a definition of ``special educational problems
occasioned by desegregation'' to clarify this term. We would also move
current Sec. 270.3 to proposed Sec. 270.7.
Reasons: In the definitions we propose to change the name of the
centers from ``Desegregation Assistance Centers'' to ``Equity
Assistance Centers'' for the reasons discussed under proposed Sec.
270.1.
We propose to update the definition of ``sex desegregation'' to
clarify the protected individuals identified by this term. We propose
to clarify that ``sex desegregation'' includes the treatment of
students on the basis of pregnancy and related conditions, which
include childbirth, false pregnancy, termination of pregnancy and
recovery therefrom, consistent with Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681 (Title IX) and its implementing
regulations at 34 CFR 106.40. We also propose to clarify that ``sex
desegregation'' includes the treatment of students without regard to
sex stereotypes, or their transgender status or gender identity, to
highlight some emerging issues for which EACs may provide technical
assistance in this area. This change reflects the Supreme Court's
reasoning that discrimination based on ``sex'' includes differential
treatment based on any ``sex-based conditions,'' Price Waterhouse v.
Hopkins, 490 U.S. 228, 242 (1989) (case decided under Title VII of the
Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.), and subsequent
court decisions recognizing that the prohibitions on sex discrimination
protect transgender individuals from discrimination. See e.g., Glenn v.
Brumby, 663 F.3d 1312 (11th Cir. 2011); Smith v. City of Salem, 378
F.3d 566 (6th Cir. 2004); Schwenk v. Hartford, 204 F.3d 1187 (9th Cir.
2000). The change also aligns with our Office for Civil Rights'
interpretation of the prohibition of sex discrimination in Title IX and
its regulations as reflected in its ``Questions and Answers on Title IX
and Sexual Violence'' (Apr. 29, 2014), www.ed.gov/ocr/docs/qa-201404-title-ix.pdf; ``Questions and Answers on Title IX and Single-Sex
Elementary and Secondary Classes and Extracurricular Activities'' (Dec.
1, 2014), www.ed.gov/ocr/docs/faqs-title-ix-single-sex-201412.pdf; and
``Title IX Resource Guide'' (Apr. 24, 2015), www.ed.gov/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf. The Department interprets ``sex
discrimination'' under Title IX and its regulations in a similar
manner. See amicus brief filed in G.G v. Gloucester County Sch. Bd.,
No. 15-2056 (4th Cir.), available at www.justice.gov/crt/case-document/gg-v-gloucester-county-school-board-brief-amicus. These interpretations
of Title IX and its regulations are particularly relevant to the
meaning of ``sex'' under Title IV because Congress's 1972 amendment to
Title IV to add sex as an appropriate desegregation assistance area was
included in Title IX of the Education Amendments. This change is also
consistent with other Federal agencies' recent regulatory proposals to
codify similar interpretations of sex discrimination, including
treatment of students without regard to transgender status, gender
identity, or sex stereotypes (such as treating a person differently
because he or she does not conform to sex-role expectations by being in
a relationship with a person of the same sex). 80 FR 5246, 5277, 5279
(Jan. 30, 2015) (Office of Federal Contract Compliance Programs,
Department of Labor; proposed 41 CFR 60-20.2(a) and 60-20.7); 80 FR
54172, 54216-217 (Sept. 8, 2015) (Office for Civil Rights, Department
of Health and Human Services; proposed 41 CFR 92.4); 81 FR 4494, 4550
(Jan. 26, 2016) (Office of the Secretary, Department of Labor; proposed
29 CFR 38.7). Thus, the proposed definition would more accurately
reflect the Office for Civil Rights' and the Department's
interpretation of Title IX and its regulations, our existing practices
regarding sex desegregation and equity, and would be consistent with
the interpretations and rulemakings of other Federal agencies.
We propose to add a definition of ``religion desegregation,'' and
to incorporate religion into the definitions of ``desegregation
assistance'' and ``desegregation assistance areas.'' Sections 401 and
403 of Title IV of the Civil Rights Act of 1964 authorize the Secretary
to render technical assistance to support the desegregation of public
schools and the assignment of students to schools without regard to
religion. While the current regulations do not address religion
desegregation, the Secretary's authority to render technical assistance
for the desegregation of public schools is clear under sections 401 and
403 of Title IV of the Civil Rights Act of 1964, and desegregation is
therein defined to include the assignment of students to public schools
and within such schools without regard to their religion. Given the
increasing religious diversity in the United States, and the increased
tension that has developed in many of our schools related to a
student's actual or perceived religion, the Department believes it
would be beneficial to provide resources for schools to assist in
developing effective strategies to ensure all students have a full
opportunity to participate in educational programs, regardless of
religion. Further, adding religion desegregation to the desegregation
assistance areas will allow the Department to build upon and support
the work of the United States Department of Justice under Title IV to
ensure compliance with Federal laws prohibiting discrimination on the
basis of religion.
We propose to amend the current definition of ``limited English
proficiency (LEP)'' so that this term is identical to, and has the same
meaning as, ``English Learner'' under ESEA section 8101(20), as the
statutory definition reflects the Department's current understanding of
this target population. We also propose to amend the definition of
``national origin desegregation'' to clarify that this term includes
providing students who are English learners with a full opportunity for
participation in all educational
[[Page 15671]]
programs ``regardless of their national origin.''
Lastly, we propose to add a definition of ``special educational
problems occasioned by desegregation.'' This phrase is included within
the statute and regulations, but could be confused with requirements to
provide special education and related services under IDEA. The new
definition clarifies the distinction between the term ``special
educational problems occasioned by desegregation'' under Title IV and
``special education and related services'' under the IDEA. Under this
proposed definition, children with disabilities or staff providing
services to them would not be precluded from being potential
beneficiaries of technical assistance if they are affected by
desegregation efforts.
Section 270.20 How does the Secretary evaluate an application for a
grant?
Statute: Title IV of the Civil Rights Act of 1964 does not address
how the Secretary evaluates an application for a grant under these
programs, and the Secretary has the authority to regulate these
requirements under 20 U.S.C. 1221e-3 and 3474.
Current Regulations: Current Sec. 272.31 provides that the
Secretary evaluates the application on the basis of all of the
selection criteria in Sec. 272.30. The Secretary cannot pick and
choose from the selection criteria. These selection criteria include
mission and strategy, organizational capacity, plan of operation,
quality of key personnel, budget and cost effectiveness, evaluation
plan, and adequacy of resources. The Secretary then selects the highest
ranking application for each geographical service area to receive a
grant.
Proposed Regulations: We propose to remove the program specific
selection criteria and the associated point values in current Sec.
272.30. We propose to amend current Sec. 272.31(a) to state that the
Secretary evaluates applications on the basis of criteria in 34 CFR
75.210, and may select from among the list of factors under each
criterion in 34 CFR 75.210. We also propose to move current Sec.
272.31 to proposed part 270, as Sec. 270.20.
Reasons: We propose to remove the selection criteria and the
associated point values in current Sec. 272.30, and revise current
Sec. 272.31, to provide the Secretary with greater flexibility in
identifying the most relevant factors for each grant competition.
Under current Sec. 272.30, the Secretary is required to use all of
the established selection criteria and the associated point values for
each competition. As a result, the Secretary has no flexibility to
adjust the selection criteria in accordance with the needs of the
program at the time of each competition. The current selection criteria
also limit the opportunities to improve the selection process, based
upon experience gained in running the program.
Using the general selection criteria listed in 34 CFR 75.210 would
ensure that the program selection process can be refined over time,
based upon the needs and concerns identified at the time of each
competition. The general selection criteria have been vetted and tested
across many Departmental programs, and provide a wide range of factors
for evaluating applications in any competition.
Substantively, there is significant overlap between current Sec.
272.30 and the general selection criteria of 34 CFR 75.210, which would
allow the Secretary to continue to use some similar elements of the
selection criteria, if those elements are deemed the most appropriate
choices for ensuring high-quality applicants.
Similarly, allowing the Secretary to identify the point values for
each selection criterion at the time of the competition would allow the
Secretary to hone the selection process over time. The Secretary will
have the flexibility to weight more heavily those selection criteria
determined to be most important in identifying effective centers.
Finally, this change will bring the EAC regulations into alignment
with many other Departmental regulations for discretionary grant
programs.
Section 270.21 How does the Secretary determine the amount of a grant?
Statute: Title IV of the Civil Rights Act of 1964 is silent about
how the Secretary may determine the amount of each grant. The Secretary
has the authority to regulate this issue under 20 U.S.C. 1221e-3 and
3474.
Current Regulations: Under current Sec. 272.32, the Secretary
determines the amount of an EAC grant award on the basis of the amount
of funds available under this part. The Secretary also conducts a cost
analysis of the project. The Secretary considers the magnitude of the
expected needs of responsible governmental agencies for desegregation
assistance in the geographic region, as well as the costs required to
meet the expected needs. Further, under current Sec. 272.32(d), the
Secretary considers the size and racial or ethnic diversity of the
student population of the geographic region. Finally, the Secretary
considers any other information concerning desegregation problems and
proposed activities that the Secretary finds relevant in the
applicant's geographic region.
Proposed Regulations: We propose to amend current Sec. 272.32(c)
to consider the ``evidence supporting the magnitude of the demonstrated
need of the responsible governmental agencies for desegregation
assistance,'' instead of ``expected need.'' We propose to update
current Sec. 272.32(d) to replace the reference to ``the DAC'' with
``the EAC.'' We also propose to move current Sec. 272.32 to part 270,
as proposed Sec. 270.21.
Reasons: We propose that the Secretary determines the amount of a
grant on the basis of ``evidence supporting the magnitude of the
demonstrated need'' rather than ``expected need'' to encourage
applicants to support their stated needs with data demonstrating the
technical assistance needs of the geographic region.
An approach to technical assistance informed by data and evidence
would promote comprehensive and preventative policies to combat
segregation. Encouraging applicants to analyze needs of their
geographic regions during the application process will jumpstart these
efforts. Finally, a data-driven approach to geographic need will help
potential applicants anticipate the future needs of their regions and
make better use of existing resources.
Section 270.30 What conditions must be met by a recipient of a grant?
Statute: Title IV of the Civil Rights Act of 1964 is silent about
the conditions that must be met by a recipient. The Secretary has the
authority to regulate on this issue under 20 U.S.C. 1221e-3 and 3474.
Current Regulations: Pursuant to current Sec. 272.40, a recipient
of EAC grant funds must operate an EAC in the geographic region to be
served and have a full-time project director. The EAC must also
coordinate assistance in its geographic region with appropriate SEAs
funded under 34 CFR part 271.
Proposed Regulations: We propose to replace all references to
``DAC'' or ``DACs'' with ``EAC'' or ``EACs.'' We also propose to amend
current Sec. 272.40(c) to state that a recipient of a grant under this
part must coordinate assistance in its geographic region with
appropriate SEAs, Comprehensive Centers, Regional Educational
Laboratories, and other Federal technical assistance centers. As part
of this coordination, the recipient would seek to prevent duplication
of assistance where an SEA, Comprehensive Center,
[[Page 15672]]
or Regional Educational Laboratory may have already provided assistance
to the responsible governmental agency. Finally, we propose to move
current Sec. 272.40 to part 270, as proposed Sec. 270.30.
Reasons: The Department is proposing to replace all reference to
DACs with the equivalent reference to EACs to reflect the proposal to
change the term to Equity Assistance Centers.
Proposed Sec. 270.30(c) would specify that a recipient of a grant
under this part must coordinate assistance in its geographic region
with appropriate SEAs, Comprehensive Centers, Regional Educational
Laboratories and other Federal technical assistance centers. This
change is meant to reflect two important updates: First, the EACs would
not be required to coordinate with SEAs funded under the SEA program,
because the SEA Program no longer exists and no SEAs are funded under
this program. Second, the proposed regulations would highlight the
centers' responsibilities to work with a variety of stakeholders by
noting that they ``must coordinate'' with appropriate SEAs,
Comprehensive Centers, Regional Educational Laboratories, and other
Federal technical assistance centers. We propose to promote this
coordination to prevent technical assistance centers from duplicating
work and to encourage technical assistance centers to share expertise
regarding equity and desegregation issues.
Section 270.32 What limitation is imposed on providing Equity
Assistance under this program?
Statute: Under section 403 of Title IV of the Civil Rights Act of
1964, the Secretary may render technical assistance upon application to
any school board, State, municipality, school district, or other
governmental unit legally responsible for operating a public school or
schools. The Secretary has the authority to regulate the provision of
technical assistance under 20 U.S.C. 1221e-3 and 3474.
Current Regulations: Current Sec. 270.6(a) states that a recipient
of a grant for race or national origin desegregation assistance may not
use funds to assist in the development or implementation of activities
or the development of curriculum materials for the direct instruction
of students to improve their academic and vocational achievement
levels. However, current Sec. 270.6(b) provides that a recipient of a
grant for national origin desegregation assistance may use funds to
assist in the development and implementation of activities or the
development of curriculum materials for the direct instruction of
students of limited English proficiency, to afford these students a
full opportunity to participate in all educational programs.
Proposed Regulations: We propose to remove current Sec. 270.6(b)
in its entirety. We also propose to amend current Sec. 270.6(a) to
simply state that a recipient of a grant under this program may not use
funds to assist in the development or implementation of activities or
the development of curriculum materials for the direct instruction of
students to improve their academic and vocational achievement levels.
Reasons: We propose to clarify that the prohibition on the
development of curriculum materials for direct instruction applies to
technical assistance activities under this program. Consistent with the
General Education Provisions Act (GEPA), 20 U.S.C. 1232(a), we cannot
and do not authorize centers to exercise direction or control over the
curriculum. As currently drafted, these provisions could be
misconstrued to permit the development or implementation of activities
for direct instruction; removing the provisions will ensure clarity.
Moreover, this approach is similar to that taken in the most recent
notice of final priorities, requirements, and selection criteria for
the Comprehensive Centers Program published in the Federal Register on
June 6, 2012 (77 FR 33573). In that notice, we stated that an applicant
could not meet the program requirements by proposing a technical
assistance plan that included designing or developing curricula or
instructional materials for use in classrooms. Finally, we have removed
the limitation under current Sec. 270.6(a) that these regulations only
apply to grants ``for race or national origin desegregation
assistance'' because the limitations on curriculum development under
GEPA 1232(a) apply to all technical assistance activities under this
program. Thus, the proposed changes align these regulations with the
statutory limitations on developing curriculum that apply to other
technical assistance centers.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
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 the
Office of Management and Budget (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 stated in the
Executive order.
This proposed regulatory action is a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed these regulations under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
[[Page 15673]]
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these proposed regulations only on a reasoned
determination that their benefits would justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that would maximize net benefits. Based on the analysis that
follows, the Department believes that these proposed regulations are
consistent with the principles in Executive Order 13563.
We have also determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs associated
with this regulatory action are those resulting from statutory
requirements and those we have determined as necessary for
administering the Department's programs and activities.
Discussion of Costs and Benefits: We have determined that the
potential costs associated with this regulatory action would be minimal
while the potential benefits are significant.
For Equity Assistance Center grants, applicants may anticipate
costs in developing their applications. Application, submission, and
participation in a competitive discretionary grant program are
voluntary. The proposed regulations would create flexibility for us to
use general selection criteria listed in EDGAR 75.210. We believe that
any criterion from EDGAR 75.210 that would be used in a future grant
competition would not impose a financial burden that applicants would
not otherwise incur in the development and submission of a grant
application. Other losses may stem from the reduction of the number of
regional centers for those applicants that do not receive a grant in
future funding years, including the costs of eliminating those centers
and associated job losses.
Notably, we do not believe that reducing the number of regions
would prevent EACs from providing technical assistance to beneficiaries
across the country. Technological advancements allow EACs to provide
effective and coordinated technical assistance across much greater
geographic distances than when the current regulations were promulgated
in 1987.
The benefits include enhancing project design and quality of
services to better meet the statutory objectives of the programs. These
proposed changes would also allow more funds to be used directly for
providing technical assistance to responsible governmental agencies for
their work in equity and desegregation by reducing the amount of funds
directed to overhead costs. The proposed flexibility of the geographic
regions would increase the Department's ability to be strategic with
limited resources. In addition, these changes would result in each
center receiving a greater percentage of the overall funds for the
program, and this greater percentage and amount of funds for each
selected applicant would help to incentivize a greater diversity of
applicants.
In addition, the Secretary believes that students covered under sex
desegregation and religion desegregation would strongly benefit from
the proposed regulations. The revised definition of ``sex
desegregation'' would eliminate lost opportunities for assistance by
providing clarification regarding the scope of issues covered under sex
desegregation, thus removing any confusion for EACs and the
beneficiaries they serve as to which parties are entitled to assistance
under this term. For religion desegregation, grantees would need to
provide technical assistance to responsible governmental agencies
seeking assistance on this subject, but the costs associated with these
new technical assistance activities would be covered by program funds.
Elsewhere in this section under Paperwork Reduction Act of 1995, we
identify and explain burdens specifically associated with information
collection requirements.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections? (A ``section'' is
preceded by the symbol ``Sec. '' and a numbered heading; for example,
Sec. 270.1 What is the Equity Assistance Center Program?)
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make
these proposed regulations easier to understand, see the instructions
in the ADDRESSES section.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. The U.S. Small Business Administration Size Standards define
institutions as ``small entities'' if they are for-profit or nonprofit
institutions with total annual revenue below $15,000,000, and defines
``non-profit institutions'' as small organizations if they are
independently owned and operated and not dominant in their field of
operation, or as small entities if they are institutions controlled by
governmental entities with populations below 50,000. The Secretary
invites comments from small entities as to whether they believe the
proposed changes would have a significant economic impact on them and,
if so, requests evidence to support that belief. The Secretary believes
that the small entities which will be primarily affected by these
regulations are public agencies and private, nonprofit organizations
that would be eligible to receive a grant under this program. However,
the Secretary believes that the proposed regulations would not have a
significant economic impact on these small entities because the
regulations do not impose excessive regulatory burdens or require
unnecessary Federal supervision, and will not affect the current status
quo for the burden imposed on these small entities under existing
regulations. However, the Secretary specifically invites comments on
the effects of the proposed regulations on small entities, and on
whether there may be further opportunities to reduce any potential
adverse impact or increase potential benefits resulting from these
proposed regulations without impeding the effective and efficient
administration of
[[Page 15674]]
the Equity Assistance Center grant program.
Paperwork Reduction Act of 1995
These proposed regulations do not contain any information
collection requirements.
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 these programs.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document: 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 via the Federal Digital System
at: www.gpo.gov/fdsys. 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 Adobe 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.
(Catalog of Federal Domestic Assistance Number: 84.004D)
List of Subjects in 34 CFR Parts 270, 271, and 272
Elementary and secondary education, Equal educational opportunity,
Grant programs--education, Reporting and recordkeeping requirements.
Dated: March 17, 2016.
Ann Whalen,
Senior Advisor to the Secretary, Delegated the Duties of Assistant
Secretary for Elementary and Secondary Education.
For the reasons discussed in the preamble, and under the authority
of 20 U.S.C. 3474, the Secretary of Education proposes to amend parts
270, 271, and 272 of title 34 of the Code of Federal Regulations as
follows:
0
1. Part 270 is revised to read as follows:
PART 270-- EQUITY ASSISTANCE CENTER PROGRAM
Subpart A--General
Sec.
270.1 What is the Equity Assistance Center Program?
270.2 Who is eligible to receive a grant under this program?
270.3 Who may receive assistance under this program?
270.4 What types of projects are authorized under this program?
270.5 What geographic regions do the EACs serve?
270.6 What regulations apply to this program?
270.7 What definitions apply to this program?
Subpart B--[RESERVED]
Subpart C--How Does the Secretary Award a Grant?
Sec.
270.20 How does the Secretary evaluate an application for a grant?
270.21 How does the Secretary determine the amount of a grant?
Subpart D--What Conditions Must I Meet After I Receive a Grant?
Sec.
270.30 What conditions must be met by a recipient of a grant?
270.31 What stipends and related reimbursements are authorized under
this program?
270.32 What limitation is imposed on providing Equity Assistance
under this program?
Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5, unless otherwise
noted.
PART 270--EQUITY ASSISTANCE CENTER PROGRAM
Subpart A--General
Sec. 270.1 What is the Equity Assistance Center Program?
This program provides financial assistance to operate regional
Equity Assistance Centers (EACs), to enable them to provide technical
assistance (including training) at the request of school boards and
other responsible governmental agencies in the preparation, adoption,
and implementation of plans for the desegregation of public schools,
and in the development of effective methods of coping with special
educational problems occasioned by desegregation.
Sec. 270.2 Who is eligible to receive a grant under this program?
A public agency (other than a State educational agency or a school
board) or private, nonprofit organization is eligible to receive a
grant under this program.
Sec. 270.3 Who may receive assistance under this program?
(a) The recipient of a grant under this part may provide assistance
only if requested by school boards or other responsible governmental
agencies located in its geographic region.
(b) The recipient may provide assistance only to the following
persons:
(1) Public school personnel.
(2) Students enrolled in public schools, parents of those students,
community organizations and other community members.
Sec. 270.4 What types of projects are authorized under this program?
(a) The Secretary may award funds to EACs for projects offering
technical assistance (including training) to school boards and other
responsible governmental agencies, at their request, for assistance in
the preparation, adoption, and implementation of plans for the
desegregation of public schools.
(b) A project must provide technical assistance in all four of the
desegregation assistance areas, as defined in Sec. 270.7.
(c) Desegregation assistance may include, among other activities:
(1) Dissemination of information regarding effective methods of
coping with special educational problems occasioned by desegregation;
(2) Assistance and advice in coping with these problems; and
(3) Training designed to improve the ability of teachers,
supervisors, counselors, parents, community members, community
organizations, and other elementary or secondary school personnel to
deal effectively with special educational problems occasioned by
desegregation.
Sec. 270.5 What geographic regions do the EACs serve?
(a) The Secretary awards a grant to provide race, sex, national
origin, and religion desegregation assistance under this program to
regional Equity Assistance Centers serving designated geographic
regions.
(b) The Secretary announces in the Federal Register the number of
centers and geographic regions for each competition.
(c) The Secretary determines the number and boundaries of each
geographic region for each competition
[[Page 15675]]
on the basis of one or more of the following:
(1) Size and diversity of the student population;
(2) The number of LEAs;
(3) The composition of urban, city, and rural LEAs;
(4) The history of the Equity Assistance Center technical
assistance activities, and other Department technical assistance
activities, carried out in each geographic region; and
(5) The amount of funding available for the competition.
Sec. 270.6 What regulations apply to this program?
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations
(EDGAR) in 34 CFR part 75 (Direct Grant Programs), part 77 (Definitions
That Apply to Department Regulations), part 79 (Intergovernmental
Review of Department of Education Programs and Activities), and part 81
(General Education Provisions Act--Enforcement), except that 34 CFR
75.232 (relating to the cost analysis) does not apply to grants under
this program.
(b) The regulations in this part.
(c) The Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR part 200, as adopted in
2 CFR part 3474 and the OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted
in 2 CFR part 3485.
Sec. 270.7 What definitions apply to this program?
In addition to the definitions in 34 CFR 77.1, the following
definitions apply to the regulations in this part:
Desegregation assistance means the provision of technical
assistance (including training) in the areas of race, sex, national
origin and religion desegregation of public elementary and secondary
schools.
Desegregation assistance areas means the areas of race, sex,
national origin and religion desegregation.
Equity Assistance Center means a regional desegregation technical
assistance and training center funded under this part.
English learner has the same meaning under this part as the same
term defined in section 8101(20) of the Elementary and Secondary
Education Act, as amended.
(Authority: Section 8101(20) of the Elementary and Secondary
Education Act of 1965, as amended by the Every Student Succeeds Act,
Pub. L. 114-95 (2015) (ESSA))
National origin desegregation means the assignment of students to
public schools and within those schools without regard to their
national origin, including providing students such as those who are
English learners with a full opportunity for participation in all
educational programs regardless of their national origin.
Public school means any elementary or secondary educational
institution operated by a State, subdivision of a State, or
governmental agency within a State, or operated wholly or predominantly
from or through the use of governmental funds or property, or funds or
property derived from governmental sources.
Public school personnel means school board members and persons who
are employed by or who work in the schools of a responsible
governmental agency, as that term is defined in this section.
Race desegregation means the assignment of students to public
schools and within those schools without regard to their race,
including providing students with a full opportunity for participation
in all educational programs regardless of their race. ``Race
desegregation'' does not mean the assignment of students to public
schools to correct conditions of racial separation that are not the
result of State or local law or official action.
Religion desegregation means the assignment of students to public
schools and within those schools without regard to their religion,
including providing students with a full opportunity for participation
in all educational programs regardless of their religion.
Responsible governmental agency means any school board, State,
municipality, school district, or other governmental unit legally
responsible for operating a public school or schools.
School board means any agency or agencies that administer a system
of one or more public schools and any other agency that is responsible
for the assignment of students to or within that system.
Sex desegregation means the assignment of students to public
schools and within those schools without regard to their sex (including
transgender status, gender identity, sex stereotypes, and pregnancy and
related conditions), including providing students with a full
opportunity for participation in all educational programs regardless of
their sex.
Special educational problems occasioned by desegregation means
those issues that arise in classrooms, schools, and communities as a
result of desegregation efforts based on race, national origin, sex, or
religion. The phrase does not refer to the provision of special
education and related services for students with disabilities as
defined under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.)
Subpart B--[Reserved]
Subpart C--How Does the Secretary Award a Grant?
Sec. 270.20 How does the Secretary evaluate an application for a
grant?
(a) The Secretary evaluates the application on the basis of the
criteria in 34 CFR 75.210.
(b) The Secretary selects the highest ranking application for each
geographic region to receive a grant.
Sec. 270.21 How does the Secretary determine the amount of a grant?
The Secretary determines the amount of a grant on the basis of:
(a) The amount of funds available for all grants under this part;
(b) A cost analysis of the project (that shows whether the
applicant will achieve the objectives of the project with reasonable
efficiency and economy under the budget in the application), by which
the Secretary:
(1) Verifies the cost data in the detailed budget for the project;
(2) Evaluates specific elements of costs; and
(3) Examines costs to determine if they are necessary, reasonable,
and allowable under applicable statutes and regulations;
(c) Evidence supporting the magnitude of the need of the
responsible governmental agencies for desegregation assistance in the
geographic region and the cost of providing that assistance to meet
those needs, as compared with the evidence supporting the magnitude of
the needs for desegregation assistance, and the cost of providing it,
in all geographic regions for which applications are approved for
funding;
(d) The size and the racial, ethnic, or religious diversity of the
student population of the geographic region for which the EAC will
provide services; and
(e) Any other information concerning desegregation problems and
proposed activities that the Secretary finds relevant in the
applicant's geographic region.
Subpart D--What Conditions Must I Meet After I Receive a Grant?
Sec. 270.30 What conditions must be met by a recipient of a grant?
(a) A recipient of a grant under this part must:
[[Page 15676]]
(1) Operate an EAC in the geographic region to be served; and
(2) Have a full-time project director.
(b) A recipient of a grant under this part must coordinate
assistance in its geographic region with appropriate SEAs,
Comprehensive Centers, Regional Educational Laboratories, and other
Federal technical assistance centers. As part of this coordination, the
recipient shall seek to prevent duplication of assistance where an SEA,
Comprehensive Center, Regional Educational Laboratory, or other Federal
technical assistance center may have already provided assistance to the
responsible governmental agency.
Sec. 270.31 What stipends and related reimbursements are authorized
under this program?
(a) The recipient of an award under this program may pay:
(1) Stipends to public school personnel who participate in
technical assistance or training activities funded under this part for
the period of their attendance, if the person to whom the stipend is
paid receives no other compensation for that period; or
(2) Reimbursement to a responsible governmental agency that pays
substitutes for public school personnel who:
(i) Participate in technical assistance or training activities
funded under this part; and
(ii) Are being compensated by that responsible governmental agency
for the period of their attendance.
(b) A recipient may pay the stipends and reimbursements described
in this section only if it demonstrates that the payment of these costs
is necessary to the success of the technical assistance or training
activity, and will not exceed 20 percent of the total award.
(c) If a recipient is authorized by the Secretary to pay stipends
or reimbursements (or any combination of these payments), the recipient
shall determine the conditions and rates for these payments in
accordance with appropriate State policies, or in the absence of State
policies, in accordance with local policies.
(d) A recipient of a grant under this part may pay a travel
allowance only to a person who participates in a technical assistance
or training activity under this part.
(e) If the participant does not complete the entire scheduled
activity, the recipient may pay the participant's transportation to his
or her residence or place of employment only if the participant left
the training activity because of circumstances not reasonably within
his or her control.
Sec. 270.32 What limitation is imposed on providing Equity Assistance
under this program?
A recipient of a grant under this program may not use funds to
assist in the development or implementation of activities or the
development of curriculum materials for the direct instruction of
students to improve their academic and vocational achievement levels.
PART 271 [REMOVED AND RESERVED]
0
2. Part 271 is removed and reserved.
PART 272 [REMOVED AND RESERVED]
0
3. Part 272 is removed and reserved.
[FR Doc. 2016-06439 Filed 3-23-16; 8:45 am]
BILLING CODE 4000-01-P
