60046 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 

DEPARTMENT OF EDUCATION 

Discretionary Grant Programs 

AGENCY: Department of Education. 

ACTION: Notice of final priorities. 

SUMMARY: The Secretary of Education 

establishes priorities that the 

Department of Education (Department) 

may use for any appropriate 

discretionary grant program in fiscal 

year (FY) 2007 and in FY 2008. We take 

this action to focus Federal financial 

assistance on expanding the number of 

programs and projects Department-wide 

that support activities in areas of 

greatest educational need. Although we 

expect that these priorities will have the 

greatest applicability to programs 

authorized by the Elementary and 

Secondary Education Act of 1965 (as 

amended by the No Child Left Behind 

Act of 2001), we are establishing the 

priorities on a Department-wide basis, 

so that Department offices can use one 

or more of these priorities in any 

discretionary grant competition, as 

appropriate. 

DATES: Effective Date: These priorities 

are effective November 13, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Margo Anderson, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 4W311, Washington, DC 20202– 

5910. Telephone: (202) 205–3010 or via 

Internet at: Margo.Anderson@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) 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 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

General 

In the more than four years since the 

enactment of the No Child Left Behind 

Act of 2001 (NCLB), there have been 

significant changes in our educational 

system that provide a strong framework 

for reaching the goal that all students 

will be proficient in reading/language 

arts and mathematics by the year 2014. 

States have put in place rigorous new 

accountability systems and in the last 

school year (2005–2006) administered 

reading and mathematics assessments 

covering all students in grades 3 to 8 

and at least once for students in grades 

10 to 12. By school year 2007–2008, 

States will be assessing students in 

science at least once in each of three 

grade spans (3–5, 6–9, 10–12). A focus 

on professional development and 

teacher qualifications is helping States 

to ensure that increasing numbers of 

students are being taught by highlyqualified teachers. School districts are 

providing new support and assistance to 

schools in need of improvement, while 

making available public school choice 

and supplemental educational services 

options to eligible students who attend 

these schools. 

National Assessment of Educational 

Progress (NAEP) results for older 

students provide a reminder of the need 

to continue to emphasize high standards 

and accountability for all students, 

especially those in the higher grades. 

The 2005 NAEP math results for 8th 

graders, for example, are both 

illustrative and alarming: less than onethird of 8th graders, and just 13 percent 

of low-income 8th graders, scored at the 

proficient or above level. High school 

test scores in mathematics have barely 

budged since the 1970’s and less than 

half of high school graduates in 2005 

were ready for college-level math and 

science coursework, according to 

American College Testing, Inc. (ACT). 

America’s rapidly changing economy 

requires an educational system that is 

producing high school graduates with 

the skills needed to be successful in 

postsecondary education and the 

workforce. In addition to improving the 

academic achievement of students in 

mathematics and science, we must 

expand the number of Americans 

mastering foreign languages critical to 

national security and to our 

participation in the global economy. 

High schools must develop a larger pool 

of technically adept and numerically 

literate Americans, a continual supply 

of highly trained mathematicians, 

scientists, and engineers, and more 

students with higher levels of 

proficiency in critical-need languages. 

The Department believes that highquality professional development for 

secondary school teachers is a critical 

part of the solution, because it can help 

ensure that these teachers have the 

content knowledge and expertise 

required to improve student 

achievement. 

Rigorous instruction, high standards, 

and accountability for results are 

helping to raise achievement in the 

early grades. Now America must 

complete the task. We must focus on 

improving the mathematics and science 

achievement of secondary school 

students, expanding foreign language 

learning to critical need languages, 

providing teachers with better training 

and support, helping districts improve 

all their schools, and ensuring that all 

students meet rigorous State 

mathematics and science academic 

standards and graduate from high 

school. Student performance is not just 

an education issue; it is an economic 

issue, a civic issue, a social issue, and 

a national security issue. 

In addition to content-specific 

priorities, the Secretary is establishing a 

priority for collecting data to assess the 

effect of projects on the academic 

achievement of student participants 

relative to appropriate comparison or 

control groups. The Secretary believes 

that interventions must be designed to 

collect the best available data to 

determine the impact of the proposed 

intervention on student achievement 

and to inform future improvement 

efforts. Finally, to assist schools and 

districts in using data effectively, we are 

establishing a priority for projects that 

will help educators use information 

from State data systems to improve 

student achievement or other 

appropriate outcomes. 

We published a notice of proposed 

priorities in the Federal Register on 

August 7, 2006 (71 FR 44671). The 

Department has made one change to 

priority three since publication of the 

notice of proposed priorities. We 

explain this change in the Analysis of 

Comments and Change elsewhere in this 

notice. 

Analysis of Comments and Change 

In response to our invitation in the 

notice of proposed priorities, seven 

parties submitted comments on the 

proposed priorities. Although we 

received several substantive comments, 

we determined that the comments did 

not warrant changes to the priorities. 

However, based on intradepartmental 

review of the notice of proposed 

priorities, we made a change to priority 

three. An analysis of the comments and 

the change to priority three follows. 

Generally, we do not address 

technical and other minor changes—and 

suggested changes the law does not 

authorize us to make under the 

applicable statutory authority. 

Comment: One commenter 

recommended the addition of a priority 

for technology. 

Discussion: The Secretary believes 

that technology issues can be addressed 

in the context of the content priorities. 

Change: None. 

Comment: One commenter 

recommended the addition of a priority 

for language arts. 

Discussion: The Secretary identified 

the content areas of the priorities (math, 

science, and critical foreign languages) 

based on a determination that these are 

the most important areas on which to 


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focus next in terms of the skills needed 

for our students to successfully compete 

in the global economy. The Secretary 

believes that language arts can be 

addressed through existing Department 

programs on reading. 

Change: None. 

Comment: One commenter expressed 

concern that there was not an emergent 

and beginning literacy component to the 

priorities and wondered if this type of 

activity could be supported in the 

critical-need languages priority. 

Discussion: The Secretary believes 

that an emerging literacy component 

could, depending on how it is designed, 

be one of many appropriate activities to 

address the critical-need languages 

priority. 

Change: None. 

Comment: One commenter suggested 

that for the critical-need languages 

priority, the Department consider using 

such resources as highly educated 

foreign immigrants and faculty and 

students from area colleges and 

universities. The commenter also 

suggested using summer foreign 

language institutes for high school 

students to encourage their pursuit of 

foreign language studies in college. 

Discussion: Depending on the 

individual program competition 

requirements, the Secretary believes that 

these activities, if properly designed, 

could address this priority. 

Change: None. 

Comment: None. 

Discussion: Based on 

intradepartmental review of the notice 

of proposed priorities, we added to 

priority three language that expands the 

applicability of this priority to include 

activities to develop programs in certain 

critical needs languages. The proposed 

language of priority three limited the 

priority to activities to enable students 

to achieve proficiency or advanced 

proficiency in certain critical needs 

languages. This change is necessary to 

ensure that the broadest range of the 

Department’s programs can use the 

priority. 

Change: We have amended priority 

three by adding language that expands 

the applicability of this priority to 

include activities to develop programs 

in certain critical needs languages. 

Comment: One commenter 

recommended adding a priority for 

after-school programs. 

Discussion: The Department supports 

after-school programs through its 

existing, State-administered after-school 

program, 21st Century Learning Centers, 

which received approximately 

$981,000,000 in FY 2006 funding. 

Change: None. 

Comment: One commenter 

recommended that the Department 

provide a definition of secondary 

school. 

Discussion: The term ‘‘secondary 

school’’ is already defined in section 

9101(38) of the Elementary and 

Secondary Education Act, 20 U.S.C. 

7801(38), and in the Department’s 

regulations at 34 CFR 77.1. 

Change: None. 

Comment: One commenter asked why 

the first two priorities on mathematics 

and science proficiency, respectively, 

weren’t more explicit about teacher 

recruitment. 

Discussion: Teacher recruitment and 

training could be one of the many 

possible activities that, if properly 

designed, could address these two 

priorities. The Secretary believes that 

applicants should have the flexibility to 

use a variety of strategies to achieve the 

goals of proficiency or advanced 

proficiency in mathematics and science. 

Change: None. 

Comment: One commenter 

recommended that, for the professional 

development for secondary school 

teachers priority, consideration be given 

to preparing secondary school teachers 

to integrate advanced literacy skills and 

mathematics concepts and applications 

into their areas of specialization. 

Discussion: Depending upon the 

individual program competition 

requirements, the Secretary believes that 

this activity, if properly designed, could 

address this priority. 

Change: None. 

Comment: One commenter asked 

what the purpose was of the priority for 

State data systems. 

Discussion: The purpose of this 

priority is to encourage educators to use 

State data systems to track individual 

student achievement (including for 

students who move across schools and 

districts) in order to improve 

instruction, design and implement 

interventions for students at risk of 

failure, and hold schools and districts 

accountable for performance. 

Change: None. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use one or more of these priorities, we 

invite applications for new awards under the 

applicable program through a notice in the 

Federal Register. When inviting applications 

we designate each priority as absolute, 

competitive preference, or invitational. The 

effect of each type of priority follows: 

Absolute priority: Under an absolute 

priority we consider only applications that 

meet the priority (34 CFR 75.105(c)(3)). 

Competitive preference priority: Under a 

competitive preference priority we give 

competitive preference to an application by 

either (1) awarding additional points, 

depending on how well or the extent to 

which the application meets the competitive 

preference priority (34 CFR 75.105(c)(2)(i)); 

or (2) selecting an application that meets the 

competitive priority over an application of 

comparable merit that does not meet the 

priority (34 CFR 75.105(c)(2)(ii)). 

Invitational priority: Under an invitational 

priority we are particularly interested in 

applications that meet the invitational 

priority. However, we do not give an 

application that meets the invitational 

priority a competitive or absolute preference 

over other applications (34 CFR 75.105(c)(1)). 

Priorities 

The Secretary establishes priorities 

that the Department may use for 

discretionary grant competitions in FY 

2007 and FY 2008, as appropriate. The 

Secretary intends that these priorities 

will allow program participants and the 

Department to focus limited Federal 

resources in areas of greatest 

educational need. The Secretary 

recognizes that some of the priorities 

will not be appropriate for particular 

programs. 

Priority 1—Mathematics. Projects that 

support activities to enable students to 

achieve proficiency or advanced 

proficiency in mathematics. 

Priority 2—Science. Projects that 

support activities to enable students to 

achieve proficiency or advanced 

proficiency in science. 

Priority 3—Critical-Need Languages. 

Projects that support activities to enable 

students to achieve proficiency or 

advanced proficiency or to develop 

programs in one or more of the 

following less commonly taught 

languages: Arabic, Chinese, Korean, 

Japanese, Russian, and languages in the 

Indic, Iranian, and Turkic language 

families. 

Priority 4—Secondary Schools. 

Projects that support activities and 

interventions aimed at improving the 

academic achievement of secondary 

school students who are at greatest risk 

of not meeting challenging State 

academic standards and not completing 

high school. 

Priority 5—Professional Development 

for Secondary School Teachers. Projects 

that support high-quality professional 

development for secondary school 

teachers to help these teachers improve 

student academic achievement. 

Priority 6—School Districts With 

Schools in Need of Improvement, 

Corrective Action, or Restructuring. 

Projects that help school districts 

implement academic and structural 

interventions in schools that have been 

identified for improvement, corrective 

action, or restructuring under the 

Elementary and Secondary Education 


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60048 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 

Act of 1965, as amended by the No 

Child Left Behind Act of 2001. 

Priority 7—Student Achievement 

Data. Projects that collect pre- and postintervention test data to assess the effect 

of the projects on the academic 

achievement of student participants 

relative to appropriate comparison or 

control groups. 

Priority 8—State Data Systems. 

Projects that help educators use 

information from State data systems to 

improve student achievement or other 

appropriate outcomes. 

Executive Order 12866 

This notice of final priorities has been 

reviewed in accordance with Executive 

Order 12866. Under the terms of the 

order, we have assessed the potential 

costs and benefits of this regulatory 

action. 

The potential costs associated with 

the notice of final priorities are those 

resulting from statutory requirements 

and those we have determined as 

necessary for administering the 

Department’s discretionary grant 

programs effectively and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this notice of final 

priorities, we have determined that the 

benefits of the final priorities justify the 

costs. 

We have also determined that this 

regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

Executive Order 12372 

Some of the programs affected by 

these final priorities are subject to 

Executive Order 12372 and the 

regulations in 34 CFR part 79. One of 

the objectives of the Executive order is 

to foster an intergovernmental 

partnership and a strengthened 

federalism. The Executive order relies 

on processes developed by State and 

local governments for coordination and 

review of proposed Federal financial 

assistance. 

This document provides early 

notification of our specific plans and 

actions for these programs. 

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 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. If you have questions about 

using 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 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 GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number does not apply.) 

Program Authority: 20 U.S.C. 1221e–3; 20 

U.S.C. 6301 et. seq. 

Dated: October 4, 2006. 

Margaret Spellings, 

Secretary of Education. 

[FR Doc. 06–8608 Filed 10–10–06; 8:45 am] 

BILLING CODE 4000–01–P 


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