[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 25148-25152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10644]



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Part V





Department of Education





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Indian Education Professional Development Grant Program; Indian 
Education Discretionary Grant Programs--Professional Development; 
Notices

Federal Register / Vol. 65, No. 83 / Friday April 28, 2000 / 
Notices

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DEPARTMENT OF EDUCATION


Indian Education Professional Development Grant Program

AGENCY: Office of Indian Education, Department of Education.

ACTION: Final priorities for fiscal year (FY) 2000 and subsequent 
fiscal years.

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SUMMARY: The Secretary announces final funding priorities under the 
Indian Education Professional Development Grant program. The Secretary 
may use these priorities for competitions in FY 2000 and in subsequent 
fiscal years. The Secretary takes this action to support training 
opportunities to increase the number of Indian teachers, education 
administrators, and personnel in other fields.

EFFECTIVE DATE: These priorities take effect May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Cathie Martin, Office of Indian 
Education, U.S. Department of Education, 400 Maryland Avenue, SW., Room 
3W111, Washington, DC 20202-6335. Telephone: (202) 260-1683. Internet 
address: <a href="/cdn-cgi/l/email-protection#377456435f5e52687a5645435e5977525319505841"><span class="__cf_email__" data-cfemail="1e5d7f6a76777b41537f6c6a77705e7b7a30797168">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

    Note:
     This notice of final priority does not solicit applications. A 
notice inviting applications under this competition is published in 
this edition of the Federal Register. The notice inviting 
applications identifies the final priority that will be implemented 
for the FY 2000 competition for new grants under the Professional 
Development program.


SUPPLEMENTARY INFORMATION:

General

    The Secretary has authority to establish priorities, including 
absolute preferences, under section 75.105(c)(3) of the Education 
Department General Administrative Regulations (EDGAR). This notice 
contains final absolute priorities for the Professional Development 
program authorized by section 9122 of subpart 2 of part A, title IX of 
the Elementary and Secondary Education Act (ESEA) of 1965; 20 U.S.C. 
7832.
    The Professional Development program is a competitive grant program 
that supports activities to increase the number of qualified Indian 
individuals in professions that serve Indian people. Individuals who 
receive training under the Professional Development program are 
required to perform work that is related to the training received and 
that benefits Indian people, or repay all or a prorated part of the 
assistance received. The requirements for the payback provision 
(required by section 9122(h) of ESEA; 20 U.S.C. 7832(h)) are governed 
by 34 CFR 263. For the purposes of this program, the term `Indian'' 
includes both American Indians and Alaska Natives as defined in 34 CFR 
263.3 and 20 U.S.C. 9161(4) of ESEA (20 U.S.C. 7881(4)).
    One component of the Professional Development program supports 
training for qualified Indian individuals to (1) Become teachers, 
administrators, teacher aides, social workers, and ancillary 
educational personnel; and (2) improve the skills of Indian individuals 
serving in these capacities. The second component of the program 
supports training of qualified Indian individuals in fields other than 
education that result in a degree at the graduate level. The final 
priorities support these training efforts by focusing all or a portion 
of available funds for new awards on projects that train Indians to 
become teachers and administrators, to improve the skills of 
individuals serving in those capacities, and to train personnel in 
fields other than education.
    The Secretary also announces procedures for implementation of the 
statutory requirement to give a preference for awards under the 
Professional Development program to: (1) Programs that provide training 
to Indian individuals (section 9122(e)(2); 20 U.S.C. 7832(e)(2)) and 
(2) eligible Indian tribes, Indian organizations, and Indian 
institutions of higher education (section 9153 of ESEA; 20 U.S.C. 
7873).
    The Secretary announces these final priorities based on responses 
to the notice soliciting comments on the proposed priorities and other 
considerations published in the Federal Register on March 7, 2000. On 
an annual basis the Secretary may select, from the final priorities, 
the absolute priorities that will apply for that fiscal year and the 
amount of available program funds. Funding of a particular project 
depends on the availability of funds, the requirements of the final 
priorities selected, and the quality of the applications received.
    The publication of these final priorities does not preclude the 
Secretary from proposing additional priorities, nor does it limit the 
Secretary to funding one or more these priorities, subject to meeting 
applicable rulemaking requirements.

Eligible Applicants

    (1) Institutions of higher education, including Indian institutions 
of higher education;
    (2) State or local educational agencies in consortium with 
institutions of higher education; and
    (3) Indian tribes or Indian organizations in consortium with 
institutions of higher education.
    Applications submitted by a consortium under categories (2) and (3) 
must meet the requirements of 34 CFR 75.127 through 75.129 of EDGAR in 
order to be an eligible applicant.

Analysis of Comments and Changes

    In response to the Secretary's invitation to comment on the 
proposed priorities, the Department received a total of 12 responses 
from two State universities, three Indian institutions of higher 
education, four Indian organizations, one educational (non-Indian) 
organization, and two Indian tribes. Most of the comments received 
could be grouped in these general areas: changing the term ``Indian 
institution of higher education'' to ``tribal college or university''; 
designating tribal colleges as the lead agency or primary applicant for 
consortium applications; making only tribal colleges eligible for the 
competitive preference points; and reducing or eliminating the minimum 
number of participants for the program. Technical and other minor 
changes, and suggested changes the Secretary is not authorized to make 
under the applicable statutory authority, are not addressed. A summary 
of the comments, and the considerations given to those comments, are as 
follows:
    Comment--The term ``Indian institution of higher education'' as an 
eligible applicant should be changed to ``tribally controlled college 
or university'' to be consistent with the Higher Education Act and the 
Executive Order on Tribal Colleges and Universities. A related comment 
suggested that tribal colleges and universities be the only eligible 
applicants for this program.
    Discussion--The term ``Indian institution of higher education'' is 
the language contained within the program's statute. The suggestion 
that eligible applicants for the program be limited to only tribal 
colleges and universities is too restrictive and may not meet the needs 
of all eligible applicants. The purpose of the program is to support 
training for qualified Indian individuals to become teachers, 
administrators, teacher aides, social workers, and ancillary 
educational personnel and to improve the skills of

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Indian individuals serving in these capacities. As the funding for this 
program in fiscal year 2000 is intended to train an initial cohort of 
500 new teachers during the award periods of these grants, all eligible 
applicants should be afforded the opportunity to compete for the 
funding. The training provided should be locally determined to meet the 
needs of communities and schools so that those trained may provide 
services that benefit Indian people.
    Change--No change in the Final Priorities is made to the listing of 
eligible entities, which includes an ``Indian institution of higher 
education.''
    Comment--Two types of comments were received concerning consortium 
applications. First, commenters suggested that all consortium 
applications be required to have a partnership with a tribal college or 
university.
    Discussion--The suggestion that all consortium applications include 
a tribal college or university, or that the Department only give 
competitive preference points to consortium applications with a tribal 
college as the lead agency, would impose severe limitations on other 
eligible applicants and would not meet the legislative intent that all 
Indian entities be given preference in the award process. Although 
tribal colleges and universities are important in promoting access to 
higher education in Indian communities and on reservations, all 
eligible applicants should be afforded the opportunity to apply for the 
program funds based on local needs. For these reasons, eligible 
applicants that must apply through a consortium application should be 
allowed to determine locally the institution(s) of higher education 
they will have as partners in their project.
    Change--No change is made in the Final Priorities to require all 
consortium applications include a tribal college or university.
    Comment--With regard to the second type of comments concerning 
consortium applications, commenters suggested that only consortium 
applications in which a tribal college or university is the lead agency 
be eligible to receive competitive preference points.
    Discussion--Although the development of a consortium should be a 
local decision, this program does promote the inclusion of tribal 
colleges and universities in the Professional Development program as 
consortium partners as well as innovative approaches to linking tribal 
colleges with early childhood, elementary, and secondary education 
programs. These efforts also support the objectives of the Executive 
order on Tribal Colleges and Universities (Executive Order 13021 of 
October 19, 1996).
    Change--Therefore, to be responsive to the comments requesting 
preference for tribal colleges and universities, and to further the 
efforts of the Executive order, a third competitive preference is added 
that will award five additional points to consortium applications that 
include, and designate as the fiscal agent, a tribal college or 
university. To avoid awarding (because of the addition of Priority 3) a 
disproportionate number of total competitive priority points in 
relationship to the total number of points available under the program, 
we have reduced the number of competitive priority points for Priority 
2 from 10 to 5.
    Comment--There were two types of comments concerning the project 
participants and their training: (1) The minimum number of participants 
(which had been identified as 25) should be lowered or eliminated; and 
(2) to achieve the number of participants required, that projects be 
allowed to include current teachers who are seeking certification in 
the subject area(s) they are teaching or in new subject areas (as in 
the case of retraining teachers to meet teacher shortages in specific 
instructional areas).
    Discussion--(1) As it was the consensus of all parties commenting 
on this issue that a minimum of 25 participants would be difficult to 
achieve, the Final Priorities have been changed to eliminate a minimum 
number of participants to be served. However, it should be noted that, 
according to the program's selection criteria for evaluating 
applications, the Secretary will consider factors such as 
reasonableness of costs in relation to: the number of persons to be 
served and the anticipated results and benefits; and the objectives, 
design, and potential significance of the proposed project. (2) The 
comments were also consistent on the types of participants to be 
trained and the need for current teachers to be certified in the areas 
they are teaching, as well as the need to re-train current teachers in 
other areas of specialized instructional needs where shortages exist.
    Change--The Final Priorities have been revised to allow applicants 
to provide pre-service training to teachers that will enable them to 
meet state certification requirements, that require at least a 
bachelor's degree, in current or new teaching assignments when a 
teacher shortage exists in specialized areas, within a two-year 
training period.
    Comment--Some comments expressed concern that a two-year program to 
complete a bachelor's degree was not an adequate amount of time and 
suggested the language be changed to allow a grant program of four or 
five years.
    Discussion--A four-or five-year grant program that allows students 
to obtain a bachelor's degree (from initial entry to completion) does 
not guarantee student completion of a degree. The following factors 
were taken into consideration when the two-year time period for 
completion of bachelor's degree was proposed:
    (1) Students are more prone to leave postsecondary institutions 
before completing their first two years of college. Thus, students 
recruited as participants in the program in their junior or senior year 
of college are more likely to obtain a degree and complete the program.
    (2) The first two years of college generally involve general 
education requirements, and majors are not usually declared until the 
end of the second year of study or at the beginning of the third year. 
If students declare a major that is not related to the field of 
education, they would then become ineligible for the professional 
development program. The program legislation specifically requires that 
training to enter any field other than education must be a program that 
results in a graduate degree.
    Change--No change in the Final Priorities has been made to extend 
the completion time of a bachelor's from two years to a longer period 
of time.
    Comment--One comment raised the issue that graduates of the program 
are to be provided with one year of induction services while they are 
working in schools with predominately Indian student populations. It 
was suggested that the language was too restrictive and that most 
Indian students do not attend tribal schools, which would make the 
employment requirement hard to accomplish.
    Discussion--Participants of the program are required to complete a 
payback for the training they receive, either in service that benefits 
Indian people and is related to the training received or through a cash 
payback. The induction services are intended to provide a support 
system for individuals entering new professional fields and to aid 
graduates in that transition process. It is anticipated that 
individuals completing a service payback will be employed in a school 
that has a large Indian student

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population. It was not the intent in using the word ``predominately'' 
that the student population of a school in which a new teacher is 
working be interpreted to mean only Indian students.
    Change--To clarify the language, the term ``predominately'' has 
been changed to ``significant'' in the Final Priorities.
    Comment--One comment suggested that the induction services for the 
component of in-service training be eliminated.
    Discussion--The suggestion has been adopted.
    Change--The Final Priorities have been changed; programs providing 
in-service training are not required to provide induction services.

Absolute Priority

    Under section 34 CFR 75.105 of EDGAR, the Secretary gives an 
absolute preference to applications that meet one of the priorities 
selected for a fiscal year. The Secretary reserves all or a portion of 
the funds available for new awards under the Professional Development 
program to fund only those applications that meet one of these absolute 
priorities:

(1) Pre-Service Training for Teachers

    Provide support and training to Indian individuals to complete a 
pre-service education program that:
    (a) Enables individuals to meet the requirements for full state 
certification or licensure as a teacher through:
    (i) Training that leads to a bachelor's degree in education within 
a two-year period; or
    (ii) Training in a current or new specialized teaching assignment, 
that requires at least a bachelor's degree, in which a teacher shortage 
exists.
    (iii) Provides graduates of the pre-service program with one year 
of induction services while they are working in schools with 
significant Indian student populations.

(2) In-Service Training for Teachers

    Provide professional development activities, over a two-year 
period, to train existing teachers of Indian students provided that 
such activities allow participants to meet the requirements for 
continued state certification or licensure in areas such as:
    (a) Standards and assessments;
    (b) Integrating reliable, research-based teaching methods and 
technology into the curriculum;
    (c) Subject content area specialization such as reading, math, 
science or technology; or
    (d) Specializations in teaching culturally and linguistically 
unique Indian student populations.

(3) Pre-Service and In-Service Training for Teachers

    Provide support and training to Indian individuals to complete:
    (a) A pre-service education program that:
    (1) Enables individuals to meet the requirements for full state 
certification or licensure as a teacher through:
    (i) Training that leads to a bachelor's degree in education within 
a two-year period; or
    (ii) Training in a current or new specialized teaching assignment, 
that requires at least a bachelor's degree, in which a teacher shortage 
exists.
    (2) Provide graduates of the pre-service program with one year of 
induction services while they are working in schools with significant 
Indian student populations.
    (b) Professional development activities, over a two-year period, to 
train existing teachers of Indian students, provided that such 
activities allow participants to meet the requirements for continued 
state certification or licensure, in areas such as:
    (1) Standards and assessments;
    (2) Integrating reliable, research-based teaching methods and 
technology into the curriculum;
    (3) Subject content area specializations such as reading, math, 
science or technology; or
    (4) Specializations in teaching culturally and linguistically 
unique Indian student populations.

(4) Pre-Service Administrator Training

    (a) Provide support and training to Indian individuals to complete 
a master degree, within a two-year period, in education administration 
that allows participants to meet the requirements for state 
certification or licensure as an education administrator, and
    (b) Provide graduates of the program with one year of induction 
services while they are working in schools with significant Indian 
student populations.

(5) In-Service Administrator Training

    Provide professional development activities to existing 
administrators that enhance their skills and knowledge in more than one 
of the following areas:
    (a) Standards and assessments;
    (b) Integrating reliable, research-based teaching methods and 
technology into the curriculum;
    (c) Mentoring, coaching, and evaluating the performance of 
teachers;
    (d) Site-based management; or
    (e) Reform efforts to improve teacher quality.

(6) Pre-Service and In-Service Training for Administrators:

    Provide support and training to Indian individuals to complete:
    (a) A pre-service program that:
    (1) Results in a master degree in education administration, within 
a two-year period, that allows participants to meet state certification 
or licensure as an education administrator; and
    (i) Provides graduates of the program one year of induction 
services while they are working in schools with significant Indian 
student populations.
    (b) Professional development activities that enhance their skills 
and knowledge, as existing school administrators, in more than one of 
the following areas:
    (i) Standards and assessments;
    (ii) Integrating reliable, research-based teaching methods and 
technology into the curriculum;
    (iii) Mentoring, coaching and evaluating the performance of 
teachers;
    (iv) Site-based management; or
    (v) Reform efforts to improve teacher quality.

(7) Training in Fields Other Than Education

    (a) Provide support and training to Indian individuals to complete 
a master or doctoral degree in a field other than education, or a 
related field, within a two-year period, and
    (b) Provide graduates of the program with one-year of induction 
services while they are employed in positions relating to the training 
received and that benefits Indians.
    Applications meeting one of the absolute priorities may offer 
professional development activities that include, but are not limited 
to, continuing programs, symposia, workshops, conferences, and direct 
financial support.

Induction Services

    Induction services must be provided after the participant has 
completed his/her pre-service training program. The induction services 
shall include the following activities, at a minimum:
    (1) Mentoring, coaching, and consultation services for the 
participant;
    (2) Participant access to research materials and information on 
teaching and learning or, for non-education fields of study, subject 
matter related to the participant's field of study;
    (3) Periodic assessment of, and feedback sessions on, participant 
performance in coordination with the participant's supervisor; and

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    (4) Periodic meetings or seminars for participants to enhance 
collaboration, feedback, and peer networking and support.
    Projects with a pre-service component will be awarded for a three-
year project period. The pre-service training is to be offered only 
during the first two years of the award, with the final 12 months of 
the project period consisting only of induction services for 
participants. The notice inviting applications published in the Federal 
Register for this competition will identify any annual funding 
limitations for the program.
    Applications submitted by a consortium must identify the party or 
entity within the consortium that will be responsible for delivery and 
oversight of the induction services.
    We may select more than one absolute priority for this program in 
any given fiscal year.

Competitive Preference

    The Secretary also announces procedures for implementing the 
statutory requirement to give a preference to eligible Indian tribes, 
Indian organizations and Indian institutions of higher education for 
grants awarded under the Professional Development program (section 9153 
of ESEA; 20 U.S.C. 7873 and 20 U.S.C. 1221e-3).
    Under 34 CFR 75.105(c)(2)(i) of EDGAR and sections 9122 and 9153 of 
ESEA (20 U.S.C. 7832 and 7873) and section 410 of the General Education 
Provisions Act (20 U.S.C. 1221e-3), the Secretary gives preference to 
applications that meet the following competitive priorities. The total 
number of points the Secretary proposes to award to an application that 
meets a competitive priority is indicated in parenthesis next to the 
title of the priority. These points are in addition to any points the 
application earns under the selection criteria for the program.

Competitive Priority 1--Preference for Training Indian Individuals 
(5 Points)

Background

    Grants under this program may be used to provide support and 
training for Indian individuals to increase the number of qualified 
Indian individuals in professions that serve Indian people. Activities 
may include, but are not limited to, continuing programs, symposia, 
workshops, conferences, and direct financial support.
    Grants for training educational personnel may be for pre-service or 
in-service training. For individuals who are being trained to enter any 
field other than education, the training received must be in a program 
resulting in a graduate degree. In awarding grants under this program, 
the Secretary is required to give preference to applications describing 
programs that train Indian individuals.

Priority

    The Secretary shall award a total of 5 points to applications 
submitted under the Professional Development program that include only 
Indian individuals as training participants.

    Authority: Section 9122(e)(2); 20 U.S.C. 7832(e)(2).

Competitive Priority 2--Preference for Indian Applicants (5 Points)

Background

    An eligible entity for this program includes an institution of 
higher education, including an Indian institution of higher education; 
a State or local educational agency, in consortium with an institution 
of higher education; or an Indian tribe or organization, in consortium 
with an institution of higher education. In making grants under this 
program, preference is given to applications submitted by Indian 
tribes, Indian organizations, and Indian institutions of higher 
education, including a consortium of any of these entities with other 
eligible entities.

Priority

    The Secretary shall award a total of 5 points to applications 
submitted by Indian tribes, Indian organizations, and Indian 
institutions of higher education that are eligible to participate in 
the Professional Development program. A consortium application of 
eligible entities that meets the requirements of 34 CFR 75.127-.129 of 
EDGAR and includes an Indian tribe, Indian organization or Indian 
institution of higher education shall be considered eligible to receive 
the 5 priority points.

    Authority: Section 9153; 20 U.S.C. 7873.

Competitive Priority 3--Preference for Consortia Applications in 
Which a Tribal College or University is the Fiscal Agent (5 Points)

Background

    Applications for this program may be submitted by a consortium of 
eligible applicants that include a State or local educational agency, 
or an Indian tribe or organization, in consortium with an institution 
of higher education, including an Indian institution of higher 
education. As Indian institutions of higher education are generally 
defined as ``tribal colleges or universities,'' this program does 
promote the inclusion of tribal colleges and universities in the 
Professional Development program as consortium partners and exploring 
innovative approaches to better link tribal colleges with early 
childhood, elementary, and secondary education programs. These efforts 
also support the objectives of the Executive order on Tribal Colleges 
and Universities (Executive Order 13021 of October 19, 1996). In order 
to promote the inclusion of tribal colleges and universities in the 
Professional Development program, a competitive preference will be 
given to consortium applications that include a tribal college or 
university and designate that tribal college or university as the 
fiscal agent for the application.

Priority

    The Secretary shall award a total of 5 points to applications 
submitted by a consortium of eligible applicants that include a tribal 
college or university and which designate that tribal college or 
university as the fiscal agent for the application. The consortium 
application of eligible entities must meet the requirements of 34 CFR 
75.127-.129 of EDGAR to be considered eligible to receive the 5 
priority points. These competitive preference points are in addition to 
the 5 competitive preference points that may be given under the 
Competitive Priority 2--Preference for Indian Applicants.
    Tribal colleges and universities are those institutions cited in 
section 532 of the Equity in Educational Land-Grant Status Act of 1994 
(7 U.S.C. 301 note), any other institution that qualifies for funding 
under the Tribally Controlled College or University Assistance Act of 
1978 (25 U.S.C. 1801 et seq.), and Navajo Community College, authorized 
in the Navajo Community College Assistance Act of 1978, Public Law 95-
471, title II (25 U.S.C. 640a note).

    Authority: Section 9153; 20 U.S.C. 7873; and 20 U.S.C. 1221e-3.

Intergovernmental Review

    These programs are subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR Part 79. However, Part 79 does not 
apply to assistance to federally recognized Indian tribes. The 
objective of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism by relying on processes 
developed by State and local governments for coordination and review of 
proposed Federal financial assistance. In accordance with the Order, 
this document is intended to provide early notification of the

[[Page 25152]]

Department's specific plans and actions for this program.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
    To use the PDF you must have the Adobe Acrobat Reader Program, 
which is available free at either of the previous sites. If you have 
questions about using the PDF, call the U.S. Government Printing Office 
(GPO), toll free at 1-888-293-6498; or in the Washington, DC, area at 
(202) 512-1530.

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


(Catalog of Federal Domestic Assistance Number: 84.299 Indian 
Education--Special Programs)

    Program Authority: Section 9122; 20 U.S.C. 7832.

    Dated: April 24, 2000.
Michael Cohen,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 00-10644 Filed 4-27-00; 8:45 am]
BILLING CODE 4000-01-U


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