Intent To Award Grantback Funds to the Pennsylvania Department of Education, 24751-24754 [2018-11592]
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Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
regulations and Federal laws. This
information will be used by DoD
medical and public health officials to (1)
ensure Ebola exposure risk is evaluated,
(2) proper prevention and quarantine
efforts are implemented, (3) appropriate
medical care is provided, (4) medical
surveillance programs are robust and (5)
the spread of Ebola beyond area of
concern is minimized. The DoD has
consulted with the Centers for Disease
Control and Prevention, the Department
of State, the Agency for International
Development, and several Defense
Agencies regarding disease control
efforts and health surveillance in
response to the public health emergency
in West Africa and worldwide. DoD has
also specifically discussed these new
information collections with
representatives of the various Military
Services, representing deploying
military members who have participated
in the development of the content of
these forms.
Affected Public: Individuals or
Households.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Ms. Cortney
Higgins.
You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DoD Clearance Officer: Mr. Frederick
Licari.
Requests for copies of the information
collection proposal should be sent to
Mr. Licari at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: May 24, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2018–11554 Filed 5–29–18; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF EDUCATION
[Docket No.: ED–2018–ICCD–0020]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Migrant Student Information Exchange
User Application Form
Office of Elementary and
Secondary Education (OESE),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing an extension of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before June 29,
2018.
ADDRESSES: To access and review all the
documents related to the information
collection listed in this notice, please
use https://www.regulations.gov by
searching the Docket ID number ED–
2018–ICCD–0020. Comments submitted
in response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting the
Docket ID number or via postal mail,
commercial delivery, or hand delivery.
Please note that comments submitted by
fax or email and those submitted after
the comment period will not be
accepted. Written requests for
information or comments submitted by
postal mail or delivery should be
addressed to the Director of the
Information Collection Clearance
Division, U.S. Department of Education,
400 Maryland Avenue SW, LBJ, Room
216–44, Washington, DC 20202–4537.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Maria
Hishikawa, 202–260–1473.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
SUMMARY:
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24751
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Migrant Student
Information Exchange User Application
Form.
OMB Control Number: 1810–0686.
Type of Review: An extension of an
existing information collection.
Respondents/Affected Public: State,
Local, and Tribal Governments.
Total Estimated Number of Annual
Responses: 420.
Total Estimated Number of Annual
Burden Hours: 210.
Abstract: The Department requests to
extend the collection of the existing
MSIX User Application. State
educational agencies (SEAs) with MEPs
will collect the information from state
and local education officials who desire
access to the MSIX system. The
collection instrument verifies the
applicant’s need for MSIX data and
authorizes the user’s access to that data.
The burden hours associated with the
data collection are required to meet the
statutory mandate in Sec. 1308(b) of
Elementary and Secondary Education
Act (ESEA), as amended by the Every
Student Succeeds Act, which is to
facilitate the electronic exchange by the
SEAs of a set of minimum data elements
to address the educational and related
needs of migratory children.
Dated: May 23, 2018.
Tomakie Washington,
Acting Director, Information Collection
Clearance Division, Office of the Chief Privacy
Officer, Office of Management.
[FR Doc. 2018–11505 Filed 5–29–18; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket ID ED–2018–OESE–0048]
Intent To Award Grantback Funds to
the Pennsylvania Department of
Education
Office of Elementary and
Secondary Education, Department of
Education.
AGENCY:
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ACTION:
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
Notice.
Under section 459 of the
General Education Provisions Act
(GEPA), the Secretary of Education
(Secretary) intends to repay to the
Pennsylvania Department of Education
(PDE) an amount that represents
approximately 75 percent of the amount
of funds recovered by the Department of
Education (Department) under Title I,
Part A and Title IV, Part A of the
Elementary and Secondary Education
Act (ESEA), as amended by the No
Child Left Behind Act (NCLB), Catalog
of Federal Domestic Assistance (CFDA)
number 84.010A. This notice describes
PDE’s plans for the use of the repaid
funds and the terms and conditions
under which the Secretary intends to
make grantback funds available. This
notice invites comments on the
proposed grantback.
DATES: We must receive your comments
on or before June 29, 2018.
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 ‘‘Help.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: The Department
strongly encourages commenters to
submit their comments electronically.
However, if you mail or deliver your
comments about this proposed
grantback, address them to James Butler,
U.S. Department of Education, 400
Maryland Avenue SW, Room 3W246,
Washington, DC 20202–4260.
Privacy Note: The Department’s
policy is to make all comments received
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:
James Butler, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3W246, Washington, DC 20202–
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4260. Telephone: 202–260–9737. Email:
James.Butler@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), you may call the
Federal Relay Service, toll free, at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding this
notice. To ensure that your comments
have maximum effect on the Secretary’s
decision regarding awarding this
grantback, we urge you to identify
clearly the specific proposal that each
comment addresses.
During and after the comment period,
you may inspect all public comments
about this notice in 400 Maryland
Avenue SW, Room 3W246, Washington,
DC 20202 between the hours of 8:30
a.m. and 4:00 p.m., Eastern Time,
Monday through Friday of each week
except Federal holidays. If you want to
schedule time to inspect comments,
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 this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
A. Background
In March 2017, the Department
recovered $7,186,222 from PDE relating
to findings in a March 29, 2011,
program determination letter (PDL)
issued by the Office of Elementary and
Secondary Education and the Office of
Safe and Drug-Free Schools. The PDL
followed an audit report by the
Department’s Office of Inspector
General (OIG) of the School District of
Philadelphia’s (SDP) control over
Federal expenditures, covering the audit
period July 1, 2005, through June 30,
2006 (Audit Control Number ED–OIG–
A03H0010). The PDL sustained certain
audit findings and disallowed a total of
$9,968,423. Through settlement
negotiations, the Department and PDE
agreed that $2,782,201 was barred from
recovery by the statute of limitations.
PDE appealed the remaining $7,186,222
liability to an Administrative Law
Judge, the Secretary, and the U.S. Court
of Appeals for the Third Circuit. The
Third Circuit denied PDE’s petition for
review, and sustained the remaining
liability. PDE filed a Petition for Writ of
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Certiorari with the U.S. Supreme Court,
which was denied on October 3, 2016.
SDP paid the full liability to PDE, and
in turn, PDE has paid the full liability
to the Department.
The claims arose under the ESEA, as
amended by NCLB (Pub. L. 107–110), 20
U.S.C. 6301 et seq.1 Of the total amount
recovered, $7,074,599 resolved findings
related to Title I, Part A of the ESEA,
and $111,007 resolved findings related
to Title IV, Part A of the ESEA, also
referred to as the Safe and Drug-Free
Schools and Community Act (SDFSCA).
In its grantback application, PDE
requests repayment in the amount of
$5,389,204, representing approximately
75 percent of the total amount related to
Title I, Part A and SDFSCA.
The Department’s claims of
$7,074,599 related to Title I, Part A were
contained in Findings 2, 4, and 5 of the
March 29, 2011 PDL, and the claims of
$111,007 related to SDFSCA were
contained in Findings 4 and 5. As for
Title I, Part A, the Department found
that SDP had violated section 1120A(b)
of the ESEA, as amended by NCLB, by
using Title I, Part A funds to supplant
non-Federal funds in payments for
certain consulting contracts, and that
SDP had charged the full cost, rather
than the incremental cost, as allowed, of
transporting students to the school of
their choice. In addition, the
Department found that SDP had
inadequate procedures for processing
transportation costs for afterschool
programs, resulting in overcharges to
Title I, Part A and violations of 34 CFR
76.731, 80.20, and 80.22(b), and OMB
Circular A–87, Attachment A, Section
C.2 For both Title I, Part A and SDFSCA,
the Department found that SDP had
inadequate procedures for charging
indirect costs to Federal programs and
for processing journal voucher transfers
for staff salaries and fringe benefits,
resulting in overcharging costs to both
ESEA programs and violations of 34
CFR 76.731, 80.20, and 80.22(b), and
OMB Circular A–87, Attachment A,
Section C.
Following the release of the OIG
Audit Report, PDE and SDP
immediately took steps to ensure that
the practices that led to the audit
findings would not reoccur. In
collaboration with PDE and the
Department’s Risk Management Service,
SDP developed and began implementing
five corrective action initiatives directly
1 In 2015, the ESEA was amended by the Every
Student Succeeds Act (Pub. L. 114–95).
2 In 2014, the Uniform Administrative
Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR part 200)
replaced 34 CFR part 80 and OMB Circular A–87,
among other provisions.
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responsive to the audit findings and has
been implementing these procedures
since that time. PDE assures that SDP,
with the oversight of PDE, has fully
resolved the findings from the OIG audit
report.
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B. Authority for Awarding a Grantback
Section 459(a) of GEPA, 20 U.S.C.
1234h(a), provides that, whenever the
Secretary has recovered funds under an
applicable program because the
recipient made an expenditure of funds
that was not allowable, the Secretary
may consider those funds to be
additional funds available for the
program and may arrange to repay to the
grantee affected by that determination
an amount not to exceed 75 percent of
the recovered funds. The Secretary may
enter into this grantback requested by
PDE if the Secretary determines that—
(a) The practices and procedures that
resulted in the audit findings in
question have been corrected, and the
recipients are in compliance with the
requirements of the applicable
programs;
(b) PDE has submitted to the Secretary
a plan for the use of the funds to be
awarded under the grantback
arrangement that meets the
requirements of the program and, to the
extent possible, benefits the population
that was affected by the failure to
comply or by misexpenditures that
resulted in the recovery; and
(c) The use of funds to be awarded
under the grantback arrangement in
accordance with that plan would serve
to achieve the purposes of the program
under which the funds were originally
granted.
C. Plan for Use of Funds Awarded
Under a Grantback Arrangement
Pursuant to section 459(a)(2) of GEPA,
PDE has applied for a grantback totaling
$5,389,204, which is approximately 75
percent of the principal amount of the
recovered Title I, Part A and SDFSCA
funds, and has submitted a plan
outlining the activities that would be
supported with the grantback funds.
While the ESSA amendments to the
ESEA eliminated SDFSCA, activities
formerly authorized under SDFSCA can
currently be supported through Title I,
Part A of the ESEA, as amended by
ESSA, and PDE plans to use $85,000 in
grantback funds—slightly more than the
proportion of grantback funds related to
SDFSCA—for activities that would have
been authorized under SDFSCA.
SDP plans to use grantback funds for
three activities in the 2018–19 school
year. First, SDP proposes a math
initiative to improve teaching skills and
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student learning. As proposed, SDP
would provide approximately 1,000
kindergarten through 12th grade math
teachers with a week-long professional
learning institute in the summer of
2018. Additionally, SDP would provide
designated math lead teachers in
participating schools with
compensation for leading planning and
professional development sessions
outside of the school day. Finally, SDP
would provide eligible schools that
participated in the summer institute
with funds for extracurricular salary
support for facilitating before and after
school sessions for students, and give
preference for those funds to lowperforming schools.
Next, SDP plans to use grantback
funds to provide seven full-time reading
specialists to support kindergarten
through third grade students who are
significantly behind their expected
reading level. The specialists would
work with targeted students at least
weekly in small groups using specially
designed lesson plans that use best
practices to scaffold student learning.
Finally, SDP plans to use grantback
funds to support a school climate
initiative in five schools. A coach would
provide participating schools with
training on how to implement a
curriculum centered on social and
emotional learning as well as bullying
prevention. The coach would work with
each school to develop a training plan,
provide technical assistance in
implementing and teaching the lessons,
and monitor implementation.
D. The Secretary’s Determinations
The Secretary has carefully reviewed
the plan submitted by PDE. Based upon
that review, the Secretary has
determined that the conditions under
section 459(a) of GEPA have been met.
This determination is based upon the
best information available to the
Secretary at the present time. If this
information is not accurate or complete,
the Secretary is not precluded from
taking appropriate administrative
action. In finding that the conditions of
section 459(a) of GEPA have been met,
the Secretary makes no determination
concerning any pending audit
recommendations or final audit
determinations.
The Secretary also has concluded
that, to the extent possible, this
grantback award would support the
provision of services to the population
of intended beneficiaries of the program
under which the Title I, Part A and
SDFSCA grants were originally made.
The population of intended
beneficiaries may not have received the
full benefit of the services intended by
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the Title I, Part A and SDFSCA grant
awards, due to the problems that gave
rise to the audit recovery described in
Section A of this notice. However, the
Secretary has determined that if
awarded, this grantback would advance
and support the same policy goals and
purposes of the statutory provisions that
authorized the Title I, Part A and
SDFSCA programs, and would be used
in compliance with all current statutory
and regulatory program requirements.
E. Notice of the Secretary’s Intent To
Enter Into a Grantback Arrangement
With PDE
Section 459(d) of GEPA requires that,
at least 30 days before entering into an
arrangement to award funds under a
grantback, the Secretary publish in the
Federal Register a notice of intent to do
so, and the terms and conditions under
which the payment would be made. In
accordance with section 459(d) of
GEPA, notice is hereby given that the
Secretary intends to make funds
available to PDE under a grantback
arrangement. The grantback award
would be in the amount of $5,389,204,
which is approximately 75 percent of
the principal amount recovered.
F. Terms and Conditions Under Which
Payments Under a Grantback
Arrangement With PDE Would Be Made
PDE agrees to comply with the
following terms and conditions under
which payments under a grantback
arrangement would be made:
(a) The funds awarded under the
grantback must be spent in accordance
with—
(1) All applicable statutory and
regulatory requirements;
(2) The submitted plan and any
amendments to the plan that are
approved in advance by the Secretary;
and
(3) The budget submitted with the
approved plan and any amendments to
the budget that are approved in advance
by the Secretary.
(b) All funds received under the
grantback arrangement must be
obligated by September 30, 2020, in
accordance with section 459(c) of GEPA
and PDE’s approved plan.
(c) PDE must, no later than December
31 of each year for which it has funds
under this grantback, submit a report to
the Secretary that documents the
expenditure of funds and progress of
activities under the grantback
arrangement.
(d) PDE must, no later than December
31, 2020, submit a report to the
Secretary that—
(1) Indicates that the funds awarded
under the grantback have been spent in
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accordance with the proposed plan and
any amendments that have been
approved in advance by the Secretary;
and
(2) Describes the results and
effectiveness of the project for which the
funds were spent.
(e) PDE must maintain separate
accounting records documenting the
expenditures of funds awarded under
the grantback arrangement.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) by
contacting 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. You may access the official
edition of the Federal Register and the
Code of Federal Regulations 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 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.
Dated: May 24, 2018.
Jason Botel,
Principal Deputy Assistant Secretary
Delegated the authority to perform the
functions and duties of the Assistant
Secretary of Elementary and Secondary
Education.
[FR Doc. 2018–11592 Filed 5–29–18; 8:45 am]
BILLING CODE 4000–01–P
ELECTION ASSISTANCE COMMISSION
Publication of State Plan Pursuant to
the Help America Vote Act
U.S. Election Assistance
Commission (EAC).
ACTION: Notice.
AGENCY:
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Revisions become applicable
after 30-day publication in the Federal
Register.
DATES:
Dated: May 23, 2018.
Bryan Whitener,
Director of National Clearinghouse on
Elections, U.S. Election Assistance
Commission.
[FR Doc. 2018–11498 Filed 5–29–18; 8:45 am]
BILLING CODE 4810–71–P
FOR FURTHER INFORMATION CONTACT:
Mark Abbott, Telephone 301–563–3956
or 1–866–747–1471 (toll-free).
Submit Comments: Any comments
regarding the plans published herewith
should be made in writing to the chief
election official of the individual State
at the address listed below.
The EAC
in accordance with the Help America
Vote Act of 2002 (HAVA) (52 U.S.C.
21005(b)) published in the Federal
Register the original HAVA State plans
filed by the fifty States, the District of
Columbia and the territories of
American Samoa, Guam, Puerto Rico,
and the U.S. Virgin Islands (hereinafter,
the States). See 69 FR 14002. HAVA
anticipated that States would change or
update their plans from time to time
pursuant to Section 254(a)(11) through
(13) and, thus, requires the EAC to
publish such updates in the Federal
Register. In accordance with HAVA
Section 254(a)(12), all the State plans
submitted for publication provide
information on how the respective State
succeeded in carrying out its previous
State plan.
West Virginia confirms that its
amendments to the State plan were
developed and submitted to public
comment in accordance with HAVA
Sections 254(a)(11), 255, and 256. (52
U.S.C. 21004–21006).
Upon the expiration of thirty days
from May 30, 2018, the State is eligible
to implement the changes addressed in
the plan that is published herein, in
accordance with HAVA Section
254(a)(11)(C). EAC wishes to
acknowledge the effort that went into
revising this State plan and encourages
further public comment, in writing, to
the State election official listed below.
SUPPLEMENTARY INFORMATION:
Chief State Election Official
The U.S. Election Assistance
Commission (EAC) received a revised
HAVA State Plan from the State of West
Virginia in accordance with the Help
America Vote Act of 2002 (HAVA).
Pursuant to HAVA, the EAC is required
to publish the revised HAVA State Plan
in the Federal Register for a 30-day
period before the proposed revisions
SUMMARY:
can take effect. The revised HAVA State
Plan will be posted on the EAC website
and available for review.
Mr. Donald Kersey, III, Elections
Director & Deputy Legal Counsel, 1900
Kanawha Boulevard E, State Capital
Room 157–K, Charleston, West Virginia
25305–0770. (304) 558–6000 Fax: (304)
588–0900.
Thank you for your interest in
improving the voting process in
America.
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DEPARTMENT OF ENERGY
[Case No. 2017–008]
Notice of Petition for Waiver of
National Comfort Products, Inc. (NCP)
From the Department of Energy
Central Air Conditioners and Heat
Pumps Test Procedure, and Notice of
Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
grant of an interim waiver, and request
for comments.
AGENCY:
This notice announces receipt
of and publishes a petition for waiver
from NCP seeking an exemption from
the U.S. Department of Energy (DOE)
test procedure for determining the
efficiency of central air conditioners and
heat pumps. NCP seeks to use an
alternate test procedure to address
issues involved in testing certain basic
models identified in its petition.
According to NCP, the basic models of
space constrained central air
conditioner and heat pump units listed
in its petition are designed and intended
to be sold exclusively with NCP’s
NCPAH–A series or other blower-coil
indoor units with electronically
commutated (‘‘ECM’’) motors. These
efficient blower-coil indoor units
operate at much lower wattage than the
default required by the DOE test
procedure. As such, the current DOE
test procedure does not result in
representative ratings for these basic
models. NCP seeks to use an alternate
test procedure to test and rate their basic
models paired only with air handler
indoor units (i.e., blower coil indoor
units). This notice also announces that
DOE grants NCP an interim waiver from
the DOE central air conditioners and
heat pumps test procedure for its
specified basic models, subject to use of
the alternative test procedure as set
forth in the Order. DOE solicits
comments, data, and information
concerning NCP’s petition and its
suggested alternate test procedure.
DATES: DOE will accept comments, data,
and information with respect to the NCP
Petition until June 29, 2018.
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24751-24754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11592]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2018-OESE-0048]
Intent To Award Grantback Funds to the Pennsylvania Department of
Education
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
[[Page 24752]]
ACTION: Notice.
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SUMMARY: Under section 459 of the General Education Provisions Act
(GEPA), the Secretary of Education (Secretary) intends to repay to the
Pennsylvania Department of Education (PDE) an amount that represents
approximately 75 percent of the amount of funds recovered by the
Department of Education (Department) under Title I, Part A and Title
IV, Part A of the Elementary and Secondary Education Act (ESEA), as
amended by the No Child Left Behind Act (NCLB), Catalog of Federal
Domestic Assistance (CFDA) number 84.010A. This notice describes PDE's
plans for the use of the repaid funds and the terms and conditions
under which the Secretary intends to make grantback funds available.
This notice invites comments on the proposed grantback.
DATES: We must receive your comments on or before June 29, 2018.
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 ``Help.''
Postal Mail, Commercial Delivery, or Hand Delivery: The
Department strongly encourages commenters to submit their comments
electronically. However, if you mail or deliver your comments about
this proposed grantback, address them to James Butler, U.S. Department
of Education, 400 Maryland Avenue SW, Room 3W246, Washington, DC 20202-
4260.
Privacy Note: The Department's policy is to make all comments
received 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: James Butler, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3W246, Washington, DC 20202-
4260. Telephone: 202-260-9737. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), you may call the Federal Relay Service, toll free, at
1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect on the
Secretary's decision regarding awarding this grantback, we urge you to
identify clearly the specific proposal that each comment addresses.
During and after the comment period, you may inspect all public
comments about this notice in 400 Maryland Avenue SW, Room 3W246,
Washington, DC 20202 between the hours of 8:30 a.m. and 4:00 p.m.,
Eastern Time, Monday through Friday of each week except Federal
holidays. If you want to schedule time to inspect comments, 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 this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
A. Background
In March 2017, the Department recovered $7,186,222 from PDE
relating to findings in a March 29, 2011, program determination letter
(PDL) issued by the Office of Elementary and Secondary Education and
the Office of Safe and Drug-Free Schools. The PDL followed an audit
report by the Department's Office of Inspector General (OIG) of the
School District of Philadelphia's (SDP) control over Federal
expenditures, covering the audit period July 1, 2005, through June 30,
2006 (Audit Control Number ED-OIG-A03H0010). The PDL sustained certain
audit findings and disallowed a total of $9,968,423. Through settlement
negotiations, the Department and PDE agreed that $2,782,201 was barred
from recovery by the statute of limitations. PDE appealed the remaining
$7,186,222 liability to an Administrative Law Judge, the Secretary, and
the U.S. Court of Appeals for the Third Circuit. The Third Circuit
denied PDE's petition for review, and sustained the remaining
liability. PDE filed a Petition for Writ of Certiorari with the U.S.
Supreme Court, which was denied on October 3, 2016. SDP paid the full
liability to PDE, and in turn, PDE has paid the full liability to the
Department.
The claims arose under the ESEA, as amended by NCLB (Pub. L. 107-
110), 20 U.S.C. 6301 et seq.\1\ Of the total amount recovered,
$7,074,599 resolved findings related to Title I, Part A of the ESEA,
and $111,007 resolved findings related to Title IV, Part A of the ESEA,
also referred to as the Safe and Drug-Free Schools and Community Act
(SDFSCA). In its grantback application, PDE requests repayment in the
amount of $5,389,204, representing approximately 75 percent of the
total amount related to Title I, Part A and SDFSCA.
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\1\ In 2015, the ESEA was amended by the Every Student Succeeds
Act (Pub. L. 114-95).
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The Department's claims of $7,074,599 related to Title I, Part A
were contained in Findings 2, 4, and 5 of the March 29, 2011 PDL, and
the claims of $111,007 related to SDFSCA were contained in Findings 4
and 5. As for Title I, Part A, the Department found that SDP had
violated section 1120A(b) of the ESEA, as amended by NCLB, by using
Title I, Part A funds to supplant non-Federal funds in payments for
certain consulting contracts, and that SDP had charged the full cost,
rather than the incremental cost, as allowed, of transporting students
to the school of their choice. In addition, the Department found that
SDP had inadequate procedures for processing transportation costs for
afterschool programs, resulting in overcharges to Title I, Part A and
violations of 34 CFR 76.731, 80.20, and 80.22(b), and OMB Circular A-
87, Attachment A, Section C.\2\ For both Title I, Part A and SDFSCA,
the Department found that SDP had inadequate procedures for charging
indirect costs to Federal programs and for processing journal voucher
transfers for staff salaries and fringe benefits, resulting in
overcharging costs to both ESEA programs and violations of 34 CFR
76.731, 80.20, and 80.22(b), and OMB Circular A-87, Attachment A,
Section C.
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\2\ In 2014, the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR part
200) replaced 34 CFR part 80 and OMB Circular A-87, among other
provisions.
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Following the release of the OIG Audit Report, PDE and SDP
immediately took steps to ensure that the practices that led to the
audit findings would not reoccur. In collaboration with PDE and the
Department's Risk Management Service, SDP developed and began
implementing five corrective action initiatives directly
[[Page 24753]]
responsive to the audit findings and has been implementing these
procedures since that time. PDE assures that SDP, with the oversight of
PDE, has fully resolved the findings from the OIG audit report.
B. Authority for Awarding a Grantback
Section 459(a) of GEPA, 20 U.S.C. 1234h(a), provides that, whenever
the Secretary has recovered funds under an applicable program because
the recipient made an expenditure of funds that was not allowable, the
Secretary may consider those funds to be additional funds available for
the program and may arrange to repay to the grantee affected by that
determination an amount not to exceed 75 percent of the recovered
funds. The Secretary may enter into this grantback requested by PDE if
the Secretary determines that--
(a) The practices and procedures that resulted in the audit
findings in question have been corrected, and the recipients are in
compliance with the requirements of the applicable programs;
(b) PDE has submitted to the Secretary a plan for the use of the
funds to be awarded under the grantback arrangement that meets the
requirements of the program and, to the extent possible, benefits the
population that was affected by the failure to comply or by
misexpenditures that resulted in the recovery; and
(c) The use of funds to be awarded under the grantback arrangement
in accordance with that plan would serve to achieve the purposes of the
program under which the funds were originally granted.
C. Plan for Use of Funds Awarded Under a Grantback Arrangement
Pursuant to section 459(a)(2) of GEPA, PDE has applied for a
grantback totaling $5,389,204, which is approximately 75 percent of the
principal amount of the recovered Title I, Part A and SDFSCA funds, and
has submitted a plan outlining the activities that would be supported
with the grantback funds. While the ESSA amendments to the ESEA
eliminated SDFSCA, activities formerly authorized under SDFSCA can
currently be supported through Title I, Part A of the ESEA, as amended
by ESSA, and PDE plans to use $85,000 in grantback funds--slightly more
than the proportion of grantback funds related to SDFSCA--for
activities that would have been authorized under SDFSCA.
SDP plans to use grantback funds for three activities in the 2018-
19 school year. First, SDP proposes a math initiative to improve
teaching skills and student learning. As proposed, SDP would provide
approximately 1,000 kindergarten through 12th grade math teachers with
a week-long professional learning institute in the summer of 2018.
Additionally, SDP would provide designated math lead teachers in
participating schools with compensation for leading planning and
professional development sessions outside of the school day. Finally,
SDP would provide eligible schools that participated in the summer
institute with funds for extracurricular salary support for
facilitating before and after school sessions for students, and give
preference for those funds to low-performing schools.
Next, SDP plans to use grantback funds to provide seven full-time
reading specialists to support kindergarten through third grade
students who are significantly behind their expected reading level. The
specialists would work with targeted students at least weekly in small
groups using specially designed lesson plans that use best practices to
scaffold student learning.
Finally, SDP plans to use grantback funds to support a school
climate initiative in five schools. A coach would provide participating
schools with training on how to implement a curriculum centered on
social and emotional learning as well as bullying prevention. The coach
would work with each school to develop a training plan, provide
technical assistance in implementing and teaching the lessons, and
monitor implementation.
D. The Secretary's Determinations
The Secretary has carefully reviewed the plan submitted by PDE.
Based upon that review, the Secretary has determined that the
conditions under section 459(a) of GEPA have been met.
This determination is based upon the best information available to
the Secretary at the present time. If this information is not accurate
or complete, the Secretary is not precluded from taking appropriate
administrative action. In finding that the conditions of section 459(a)
of GEPA have been met, the Secretary makes no determination concerning
any pending audit recommendations or final audit determinations.
The Secretary also has concluded that, to the extent possible, this
grantback award would support the provision of services to the
population of intended beneficiaries of the program under which the
Title I, Part A and SDFSCA grants were originally made. The population
of intended beneficiaries may not have received the full benefit of the
services intended by the Title I, Part A and SDFSCA grant awards, due
to the problems that gave rise to the audit recovery described in
Section A of this notice. However, the Secretary has determined that if
awarded, this grantback would advance and support the same policy goals
and purposes of the statutory provisions that authorized the Title I,
Part A and SDFSCA programs, and would be used in compliance with all
current statutory and regulatory program requirements.
E. Notice of the Secretary's Intent To Enter Into a Grantback
Arrangement With PDE
Section 459(d) of GEPA requires that, at least 30 days before
entering into an arrangement to award funds under a grantback, the
Secretary publish in the Federal Register a notice of intent to do so,
and the terms and conditions under which the payment would be made. In
accordance with section 459(d) of GEPA, notice is hereby given that the
Secretary intends to make funds available to PDE under a grantback
arrangement. The grantback award would be in the amount of $5,389,204,
which is approximately 75 percent of the principal amount recovered.
F. Terms and Conditions Under Which Payments Under a Grantback
Arrangement With PDE Would Be Made
PDE agrees to comply with the following terms and conditions under
which payments under a grantback arrangement would be made:
(a) The funds awarded under the grantback must be spent in
accordance with--
(1) All applicable statutory and regulatory requirements;
(2) The submitted plan and any amendments to the plan that are
approved in advance by the Secretary; and
(3) The budget submitted with the approved plan and any amendments
to the budget that are approved in advance by the Secretary.
(b) All funds received under the grantback arrangement must be
obligated by September 30, 2020, in accordance with section 459(c) of
GEPA and PDE's approved plan.
(c) PDE must, no later than December 31 of each year for which it
has funds under this grantback, submit a report to the Secretary that
documents the expenditure of funds and progress of activities under the
grantback arrangement.
(d) PDE must, no later than December 31, 2020, submit a report to
the Secretary that--
(1) Indicates that the funds awarded under the grantback have been
spent in
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accordance with the proposed plan and any amendments that have been
approved in advance by the Secretary; and
(2) Describes the results and effectiveness of the project for
which the funds were spent.
(e) PDE must maintain separate accounting records documenting the
expenditures of funds awarded under the grantback arrangement.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) by contacting 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. You may
access the official edition of the Federal Register and the Code of
Federal Regulations 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 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.
Dated: May 24, 2018.
Jason Botel,
Principal Deputy Assistant Secretary Delegated the authority to perform
the functions and duties of the Assistant Secretary of Elementary and
Secondary Education.
[FR Doc. 2018-11592 Filed 5-29-18; 8:45 am]
BILLING CODE 4000-01-P
