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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
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. All four EAC projects provide technical
assistance including training in all four of the desegregation assistance areas: Race, sex, national origin, and religion. A table listing the FY 2016
EAC projects follows.

FY 2016 awards under ALN 84.004D

Project information
S004D160012
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Mid-Atlantic Equity Consortium, Bethesda, MD, Project: Center for Education Equity.
Intercultural Development Research Association, San Antonio, TX, Project: IDRA Equity Assistance Center South.
Indiana University, Indianapolis, IN, Project: Midwest and Plains Equity Assistance Center.
Metropolitan State University of Denver, Denver, CO, Project: Western Educational Equity Assistance Center WEEAC.

S004D160011
S004D160004

The EACs project periods started on October 1, 2016 and will end on September 30, 2021.
On January 13, 2021, the Department published in the Federal Register 86
FR 2653 a notice inviting applications for an FY 2021 EAC competition FY
2021 NIA.

However, as the effects of the COVID
19 pandemic unfolded and as learning recovery and school reentry efforts intensified, the Department sought to ensure the continuity of services provided by the FY 2016 EAC projects to vulnerable populations, schools, and school districts across the country. The
Department also sought to ensure that the next EAC grant competition is, to the extent statutorily permitted, aligned with the Biden Administrations policy directives, including, for example, the Executive orders and memorandum included in the table below.
Date signed by President Biden
Title of policy directive
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Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.
Executive Order 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation ..
Memorandum: Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States.
Executive Order 14012: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.

To ensure the continuity of services, and to allow the Department the opportunity to consider how best to align the EAC program with these Executive orders, to the extent statutorily permitted, the Department published on March 4, 2021 in the Federal Register 86 FR 12664 a notice withdrawing the FY 2021 NIA and cancelling the FY 2021 EAC
competition. On March 25, 2021, the Department published in the Federal Register 86 FR 15829 a notice of proposed waiver and extension, in which it proposed to waive the requirements in the Education Department General Administrative Regulations that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds.
The proposed waiver and extension would enable the four FY 2016 EAC
projects to receive funding for one additional period, not to exceed September 30, 2022.
Public Comment: In response to our invitation of public comment in the notice of proposed waiver and extension, one party submitted a responsive comment. An analysis of the comment follows.

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Comment: One commenter stated that three of the four FY 2016 EAC projects should not receive a waiver and extension because they have not demonstrated transparency and results related to their work in the EAC
program. With respect to one of these projects, the commenter cited transactions that it contended constituted conflicts of interest or created the appearance of fiscal impropriety.
Discussion: The Department encourages the commenter to visit the Departments EAC performance web page, located at https oese.ed.gov/
offices/office-of-formula-grants/
program-and-grantee-support-services/
training-and-advisory-services-equityassistance-centers/performancetraining-and-advisory-services-equityassistance-centers/, to find current performance data for the four FY 2016
EAC projects. In accordance with the applicable requirements for continuation funding in 34 CFR 75.253, the Department monitored and reviewed the performance of the FY 2016 EAC
projects, which, included, where appropriate, examining allegations of potential conflicts of interest and fiscal impropriety, and determined that all FY

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January 20, 2021.
January 20, 2021.
January 26, 2021.
February 2, 2021.

2016 EAC projects demonstrated that they made substantial progress in achieving the goals and objectives of their grants, and in meeting their performance measures and targets within the scope of their approved projects. The Department also notes that all FY 2016 EAC projects have made their most recent single audits publicly available, in accordance with Federal grant regulations. Accordingly, the Department has concluded that continuation of the projects is in the best interest of the Federal Government.
Changes: None.
Final Waivers and Extensions The Department believes it is in the best interest of the public to extend the current EAC project periods for one year. Correspondingly, the Secretary waives the requirements in 34 CFR
75.250, which prohibit project periods exceeding five years, as well as the requirements in 34 CFR 75.261a and c2, which permit the extension of a project period only if the extension does not involve the obligation of additional Federal funds. The waiver will permit the Department to issue a FY 2021
continuation award to each of the four
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