[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 8930-8934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4058]


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DEPARTMENT OF EDUCATION


Office of Elementary and Secondary Education Overview 
Information; Native Hawaiian Education Program--Competition for Novice 
Applicants

    Notice inviting applications for new awards for fiscal year (FY) 
2010.

Catalog of Federal Domestic Assistance (CFDA) Number: 84.362A.

    Dates:
    Applications Available: February 26, 2010.
    Deadline for Transmittal of Applications: April 27, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the Native Hawaiian Education 
program is to support innovative projects that enhance the educational 
services provided to Native Hawaiian children and adults. These 
projects may include those activities authorized under section 
7205(a)(3) of the Elementary and Secondary Education Act of 1965, as 
amended (ESEA).

    Note:  Under Public Law 111-117, the Consolidated Appropriations 
Act, 2010, construction, renovation, or modernization of any 
elementary school, secondary school, or structure related to an 
elementary school or secondary school, run by the Department of 
Education of the State of Hawaii, that serves a predominantly Native 
Hawaiian student body is a permissible use of FY 2010 funds under 
this program.

    Priorities: In accordance with 34 CFR 75.105(b)(2)(ii), the 
absolute priority for this competition is from 34 CFR 75.225(c)(1). In 
accordance with 34 CFR 75.105(b)(2)(iv), the competitive preference 
priorities are from section 7205(a)(2) of the ESEA (20 U.S.C. 
7515(a)(2)).
    Absolute Priority: For FY 2010, this priority is an absolute 
priority. Under 34 CFR 75.105(c)(3) we consider only applications that 
meet this priority.
    This priority is:
    Novice Applicants. Applicants must be novice applicants as defined 
in 34 CFR 75.225(a). In accordance with 34 CFR 75.225, the Secretary is 
only making awards to applicants that have never received a grant or 
subgrant under the Native Hawaiian Education program, have never been a 
member of a group application, submitted in accordance with 34 CFR 
75.127 through 75.129, that received a grant under the Native Hawaiian 
Education program, and have not had an active discretionary grant from 
the Federal Government in the five years before the deadline date for 
applications under the program. For purposes of this absolute priority, 
a grant is active until the end of the grant's project or funding 
period, including any extensions of those periods that extend the 
grantee's authority to obligate funds.
    Competitive Preference Priorities: For FY 2010 and any subsequent 
year in which we make awards from the list of unfunded applicants from 
this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award an additional five 
points to an application that meets one or more of these priorities.
    These priorities are:
    (a) Projects that are designed to address beginning reading and 
literacy among students in kindergarten through third grade.
    (b) Projects that are designed to address the needs of at-risk 
children and youth.
    (c) Projects that are designed to address the needs in fields or 
disciplines in which Native Hawaiians are underemployed.
    (d) Projects that are designed to address the use of the Hawaiian 
language in instruction.

    Note:  In order to receive additional points under a competitive 
preference priority, an application should provide adequate and 
sufficient information that clearly substantiates its claim that it 
meets at least one of the priorities addressed.


    Program Authority:  20 U.S.C. 7511-7517; Public Law 111-117, the 
Consolidated Appropriations Act, 2010.

    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 
82, 84, 85, 86, 97, 98, and 99.

    Note:  The regulations in 34 CFR part 86 apply to institutions 
of higher education only.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $2,895,000
    Estimated Range of Awards: $250,000-$950,000.
    Estimated Average Size of Awards: $413,500.
    Estimated Number of Awards: 7.

    Note:  The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: Native Hawaiian educational organizations; 
Native Hawaiian community-based organizations; public and private 
nonprofit organizations, agencies, and institutions with experience in 
developing or operating Native Hawaiian programs or programs of 
instruction in the Native Hawaiian language; and consortia of the 
previously mentioned organizations, agencies, and institutions, if they 
meet the definition of novice applicant in 34 CFR 75.225.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.

IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an 
application package via the Internet or from the Education Publications 
Center (ED Pubs). To obtain a copy via the Internet, use the following 
address: http://www.ed.gov/programs/nathawaiian/applicant.html. To 
obtain a copy from ED Pubs, write, fax, or call the following: 
Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. 
Telephone, toll free: 1-877-433-7827. FAX: (301) 470-1244. If you use a 
telecommunications device for the deaf (TDD), call, toll free: 1-877-
576-7734.
    You can contact ED Pubs at its Web site, also: http://www.ed.gov/pubs/edpubs.html or at its e-mail address: <a href="/cdn-cgi/l/email-protection#e4818094918697a48d8a8190ca8180ca838b92"><span class="__cf_email__" data-cfemail="3d58594d485f4e7d54535849135859135a524b">[email protected]</span></a>.
    If you request an application from ED Pubs, be sure to identify 
this program or competition as follows: CFDA 84.362A.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the person or team listed under 
Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this competition.

[[Page 8931]]

    Page Limit: The application narrative is where you, the applicant, 
address the selection criteria that reviewers use to evaluate your 
application. You must limit the application narrative to no more than 
25 pages, using the following standards:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1' 
margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the application narrative, except titles, headings, 
footnotes, quotations, references, captions, and all text in charts, 
tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The page limit does not apply to the cover sheet; the budget 
section, including the five-page narrative budget justification; the 
assurances and certifications; the one-page abstract; the resumes; the 
bibliography; or the five letters of support. However, the page limit 
does apply to all of the application narrative section.
    Our reviewers will not read any pages of your application that 
exceed the page limit. Appendices to the narrative are not permitted, 
with the exception of resumes and endnotes. None of the material sent 
as appendices to the narrative, with the exception of resumes and 
endnotes, will be sent to the reviewers.
    3. Submission Dates and Times:
    Applications Available: February 26, 2010.
    Deadline for Transmittal of Applications: April 27, 2010.
    Applications for grants under this competition must be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site. For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 6. Other Submission 
Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    4. Intergovernmental Review: This competition is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    5. Funding Restrictions: Under section 7205(b) of the ESEA, not 
more than five percent of funds provided to a grantee under this 
competition for any fiscal year may be used for administrative 
purposes. We reference regulations outlining funding restrictions in 
the Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under 
this competition must be submitted electronically unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Native Hawaiian Education 
program--CFDA Number 84.362A must be submitted electronically using e-
Application, accessible through the Department's e-Grants Web site at: 
http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
    <bullet> You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
competition after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
    <bullet> The hours of operation of the e-Grants Web site are 6 a.m. 
Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until 8 p.m. Sunday, 
Washington, DC time. Please note that, because of maintenance, the 
system is unavailable between 8 p.m. on Sundays and 6 a.m. on Mondays, 
and between 7 p.m. on Wednesdays and 6 a.m. on Thursdays, Washington, 
DC time. Any modifications to these hours are posted on the e-Grants 
Web site.
    <bullet> You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
    <bullet> You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications. You must attach any narrative sections of your 
application as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format. If you upload a file type other than the 
three file types specified in this paragraph or submit a password 
protected file, we will not review that material.
    <bullet> Your electronic application must comply with any page 
limit requirements described in this notice.
    <bullet> Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
    <bullet> After you electronically submit your application, you will 
receive an automatic acknowledgement that will include a PR/Award 
number (an identifying number unique to your application).
    <bullet> Within three working days after submitting your electronic 
application, fax a signed copy of the SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at 
(202) 245-6272.
    <bullet> We may request that you provide us original signatures on 
forms at a later date.

[[Page 8932]]

    Application Deadline Date Extension in Case of e-Application 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you to transmit your application electronically, by mail, or by 
hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2)(a) E-Application is unavailable for 60 minutes or more between 
the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the 
application deadline date; or
    (b) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30 p.m., Washington, DC time, on the application 
deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgement of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due 
to technical problems with the system and, therefore, the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application. Extensions referred to in this 
section apply only to the unavailability of e-Application.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through e-Application because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload large documents to 
e-Application;
    and
    <bullet> No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Irene Harwarth, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3E244, 
Washington, DC 20202-6200. FAX: (202) 260-8969.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.362A), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application, by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.362A), 550 12th Street, SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 11 of the SF 424 the CFDA number, including suffix 
letter, if any, of the competition under which you are submitting your 
application; and
    (2) The Application Control Center will mail to you a notification 
of receipt of your grant application. If you do not receive this grant 
notification within 15 business days from the application deadline 
date, you should call the U.S. Department of Education Application 
Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum possible score for all criteria is 
100 points. The maximum possible score for each criterion is indicated 
in parentheses. The selection criteria for this competition are as 
follows:
    a. Need for project (15 points). The Secretary considers the need 
for the proposed project. In determining the need for the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the proposed project will provide services 
or otherwise address the needs of students at risk of educational 
failure.
    (ii) The extent to which the proposed project will focus on serving 
or otherwise addressing the needs of disadvantaged individuals.
    (iii) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    b. Quality of the project design (30 points). The Secretary 
considers the quality of the design of the proposed project. In 
determining the quality of the design of the proposed project, the 
Secretary considers the following factors:
    (i) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible

[[Page 8933]]

replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project.
    (ii) The extent to which the design of the proposed project 
reflects up-to-date knowledge from research and effective practice.
    (iii) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population.
    (iv) The extent to which the proposed project is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (v) The extent to which the proposed project represents an 
exceptional approach for meeting statutory purposes and requirements.
    c. Quality of project services (20 points). The Secretary considers 
the quality of the services to be provided by the proposed project. In 
determining the quality of the services to be provided by the proposed 
project, the Secretary considers the quality and sufficiency of 
strategies for ensuring equal access and treatment for eligible project 
participants who are members of groups that have traditionally been 
underrepresented based on race, color, national origin, gender, age, or 
disability. In addition, the Secretary considers the following factors:
    (i) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (ii) The likelihood that the services to be provided by the 
proposed project will lead to improvements in the achievement of 
students as measured against rigorous academic standards.
    (iii) The extent to which the services to be provided by the 
proposed project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services.
    (iv) The extent to which the services to be provided by the 
proposed project are focused on those with greatest needs.
    d. Quality of the management plan (15 points). The Secretary 
considers the quality of the management plan for the proposed project. 
In determining the quality of the management plan for the proposed 
project, the Secretary considers the following factors:
    (i) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project.
    (ii) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (iii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (iv) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    e. Quality of the project evaluation (20 points). The Secretary 
considers the quality of the evaluation to be conducted of the proposed 
project. In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies.
    (ii) The extent to which the methods of evaluation will provide 
timely guidance for quality assurance.
    (iii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (iv) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    2. Review and Selection Process: The Department will only consider 
novice applicants for this competition. An applicant is considered a 
``novice applicant'' if it meets the following criteria in 34 CFR 
75.225(a)(1) and (b):
    The applicant must--
    (i) Have never received a grant or subgrant under the Native 
Hawaiian Education program;
    (ii) Have never been a member of a group application, submitted in 
accordance with 34 CFR 75.127 through 75.129, that received a grant 
under the Native Hawaiian Education program; and
    (iii) Have not had an active discretionary grant from the Federal 
Government in the five years before the deadline date for applications 
in this competition. For purposes of this requirement, a grant is 
active until the end of the grant's project or funding period, 
including any extensions of those periods that extend the grantee's 
authority to obligate funds.
    Section 34 CFR 75.225(a)(2) addresses the requirements for group 
applications submitted by novice applicants. In the case of a group 
application submitted in accordance with 34 CFR 75.127 through 75.129, 
each group member must meet the requirements in 34 CFR 75.225(a)(1) and 
(b), previously described in this section of the notice, in order to 
qualify as a novice applicant. All applicants should follow the 
instructions in the application package to ensure they properly 
indicate in their application their status as a novice applicant.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). For specific requirements 
on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: Under the Government Performance and 
Results Act of 1993 (GPRA), the Department has developed the following 
performance measures for evaluating the overall effectiveness of the 
Native Hawaiian Education program:
    (1) The percentage of Native Hawaiian students in schools served by 
the program who meet or exceed proficiency standards in reading, 
mathematics, and science on the State assessments;
    (2) The percentage of Native Hawaiian children participating in 
early education programs who consistently demonstrate school readiness 
in literacy as measured

[[Page 8934]]

by the Hawaii School Readiness Assessment (HSRA);
    (3) The percentage of students in schools served by the program who 
graduate from high school with a regular high school diploma, as 
defined in 34 CFR 200.19(b)(1)(iv), in four years; and
    (4) The percentage of students participating in a Hawaiian language 
program conducted under the Native Hawaiian Education program who meet 
or exceed proficiency standards in reading on a test of the Hawaiian 
language.
    All grantees will be expected to submit an annual performance 
report that includes data addressing these performance measures, to the 
extent that they apply to the grantee's project.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Irene Harwarth, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 3E244, Washington, DC 20202-
6200. Telephone: (202) 401-3751 or by e-mail: <a href="/cdn-cgi/l/email-protection#84cdf6e1eae1aacce5f6f3e5f6f0ecc4e1e0aae3ebf2"><span class="__cf_email__" data-cfemail="206952454e450e68415257415254486045440e474f56">[email protected]</span></a>.
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or computer diskette) on 
request to the program contact person listed under FOR FURTHER 
INFORMATION CONTACT in section VII of this notice.
    Electronic Access to This Document: 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) on the 
Internet at the following site: http://www.ed.gov/news/fedregister. To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
this site.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on the GPO Access at http://www.gpoaccess.gov/nara/index.html.


    Dated: February 23, 2010.
Thelma Mel[eacute]ndez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2010-4058 Filed 2-25-10; 8:45 am]
BILLING CODE 4000-01-P


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