Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10729 

performance report that provides the 

most current performance and financial 

expenditure information as specified by 

the Secretary in 34 CFR 75.118, 

including information that documents 

the extent of success in addressing the 

performance measures described in the 

following paragraph. For specific 

requirements on grantee reporting, 

please go to the ED Performance Report 

Form 524B at http://www.ed.gov/fund/ 

grant/apply/appforms/appforms.html. 

4. Performance Measures: We have 

established three performance measures 

for the MSAP: 

(a) The percentage of magnet schools 

whose student applicant pool reflects a 

racial and ethnic composition that, in 

relation to the total enrollment of the 

school, reduces, eliminates or prevents 

minority group isolation. The Secretary 

has set an overall performance target 

that calls for the percentage of magnet 

schools whose student applicant pool 

would have a beneficial effect on the 

reduction, prevention or elimination of 

minority group isolation in participating 

project schools to increase annually 

from a baseline established with magnet 

school applicant data from the first year 

of the project. 

(b) The percentage of magnet schools 

whose students from major racial and 

ethnic groups meet or exceed their 

State’s adequate yearly progress 

standard, in accordance with their 

State’s plan required by section 1111 of 

the ESEA. The Secretary has set an 

overall performance target that calls for 

the percentage of magnet schools whose 

students meet or exceed the adequate 

yearly progress standard to increase 

annually from a baseline established by 

participating schools’ performance in 

the school year prior to the beginning of 

the project. 

(c) The percentage of magnet schools 

that receive assistance and that are still 

operating magnet school programs three 

years after Federal funding ends and the 

percentage of magnet schools that 

received assistance that meet State 

standards at least three years after 

Federal funding ends. The Secretary has 

set an overall performance target that 

calls for the percentage of magnet 

schools that are in operation and meet 

or exceed State standards three years 

after Federal funding ends to increase 

annually from a baseline established 

three years after Federal funding ceases. 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Steven L. Brockhouse, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., room 4W229, Washington, DC 

20202–5970. Telephone: (202) 260–2476 

or by e-mail: steve.brockhouse@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 program contact person 

listed in this section. 

VIII. Other Information 

Electronic Access to This Document: 

You may 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. 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. 

Dated: March 6, 2007. 

Morgan S. Brown, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. E7–4271 Filed 3–8–07; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Magnet Schools Assistance Program 

AGENCY: Office of Innovation and 

Improvement, Department of Education. 

ACTION: Notice of final priority. 

SUMMARY: The Assistant Deputy 

Secretary for Innovation and 

Improvement announces a priority 

under the Magnet Schools Assistance 

Program (MSAP). The Assistant Deputy 

Secretary may use this priority for 

competitions in fiscal year (FY) 2007 

and later years. We intend this priority 

to encourage eligible applicants to focus 

on expanding their capacity to provide 

public school choice by using magnet 

schools to provide public school choice 

options to parents whose children 

attend schools that have been identified 

for school improvement, corrective 

action, or restructuring under Title I of 

the Elementary and Secondary 

Education Act of 1965, as amended 

(ESEA). 

DATES: Effective Date: This priority is 

effective April 9, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Steven L. Brockhouse, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., room 4W229, Washington, DC 

20202–5970. Telephone: (202) 260–2476 

or via Internet: 

steve.brockhouse@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: The 

MSAP provides grants to eligible local 

educational agencies (LEAs) and 

consortia of LEAs to support magnet 

schools that are part of an approved 

desegregation plan. For the purpose of 

the MSAP, a magnet school is a public 

elementary school, public secondary 

school, public elementary education 

center, or public secondary education 

center that offers a special curriculum 

capable of attracting substantial 

numbers of students of different racial 

backgrounds. 

Through the implementation of 

magnet schools, MSAP resources 

support objectives and activities that 

enable all elementary and secondary 

students to achieve to high standards, 

hold schools and LEAs accountable for 

ensuring they do so, and help schools 

and LEAs develop and design 

innovative educational methods and 

practices that support desegregation 

efforts to eliminate, reduce, or prevent 

minority group isolation and increase 

choices in public elementary and 

secondary schools. 

Consistent with the statutory purpose 

of the MSAP, magnet schools are 

designed to eliminate, reduce, or 

prevent minority group isolation in 

schools with substantial numbers or 

percentages of minority group students, 

bring students of different backgrounds 

together, assist LEAs in achieving 

systemic reforms, provide all students 

the opportunity to meet challenging 

State content standards and challenging 

State performance standards, and 

increase choices in public elementary 

and secondary schools. 

The priority, Expanding Capacity to 

Provide Choice, provides eligible LEAs 

with an opportunity to continue to use 

magnet schools, consistent with their 

desegregation plan objectives for the 

elimination, reduction, or prevention of 


jlentini on PROD1PC65 with NOTICES
10730 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 

minority group isolation, to expand 

their capacity to provide public school 

choice to parents whose children attend 

schools identified for school 

improvement, corrective action, or 

restructuring. 

The priority provides eligible 

applicants the flexibility to use either or 

both of two approaches to expanding 

their capacity to provide public school 

choice. 

First, an eligible applicant could 

convert one or more schools identified 

for improvement, corrective action, or 

restructuring under Title I to magnet 

schools in order to improve the quality 

of teaching and instruction in these 

schools. Using this approach, 

conversion of a school to a magnet 

school would benefit students already 

attending the school by offering a 

magnet curriculum that would include 

subject matter or teaching methodology 

that is generally not available at other 

schools in the LEA and would be more 

challenging and innovative than the 

curricular program that the school had 

previously provided. The 

implementation of the magnet 

curriculum, along with resources such 

as equipment, supplies and staff 

development to support the 

implementation of the magnet 

curriculum, would also help the school 

reduce, eliminate, or prevent minority 

group isolation at the magnet school 

and/or at the sending schools by 

attracting other students, including 

higher-achieving students of different 

backgrounds, based on their interest in 

a curricular program that would not be 

available to them in the schools that 

they would otherwise attend. 

Second, an eligible applicant could 

use higher-performing schools as 

magnet schools and, by doing so, 

significantly increase the opportunity 

for students attending schools identified 

for school improvement, corrective 

action, or restructuring to participate in 

public school choice by attending a 

higher-performing school. Using this 

approach, an eligible applicant would 

need to ensure that the magnet school 

would have sufficient space available to 

accommodate students who would 

likely be interested in transferring from 

schools identified for school 

improvement, corrective action, or 

restructuring. Additionally, the LEA 

would need to show how the enrollment 

of the magnet and/or sending schools 

(i.e., the schools identified for school 

improvement, corrective action, or 

restructuring from which students 

would transfer) would change in a 

manner that resulted in the elimination, 

reduction, or prevention of minority 

group isolation in those sending 

schools. 

Under either approach, an applicant 

would be required to show how it 

would effectively inform parents whose 

children attend schools identified for 

school improvement, corrective action, 

or restructuring about the new choices 

made available to them in the magnet 

schools to be funded under the project. 

We published a notice of proposed 

priority for this program in the Federal 

Register on April 12, 2006 (71 FR 

18728). 

There are no differences between the 

notice of proposed priority and this 

notice of final priority. 

Public Comment 

In the notice of proposed priority, we 

invited comments on the proposed 

priority. We did not receive any 

comments. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use this priority, we invite applications 

through a notice in the Federal Register. 

When inviting applications we designate the 

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 preference 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)). 

Priority 

Expanding Capacity To Provide Choice 

This priority supports projects that 

will—

(1) Help parents whose children 

attend low-performing schools (that is, 

schools that have been identified for 

school improvement, corrective action, 

or restructuring under Title I of the 

Elementary and Secondary Education 

Act of 1965, as amended) by—

(a) Selecting schools identified for 

school improvement, corrective action, 

or restructuring under Title I as magnet 

schools to be funded under this project 

and improving the quality of teaching 

and instruction in these schools; or 

(b) Maximizing the opportunity for 

students in low-performing schools to 

attend higher-performing magnet 

schools funded under the project and 

thereby reduce minority group isolation 

in the low-performing sending schools; 

and 

(2) Effectively inform parents whose 

children attend low-performing schools 

about choices that are available to them 

in the magnet schools to be funded 

under the project. 

Note: For the purpose of selecting 

applications under this priority, school 

improvement has the meaning given in 34 

CFR 200.32(a)(1), corrective action has the 

meaning given in 34 CFR 200.33(a), and 

restructuring has the meaning given in 34 

CFR 200.34(a). 

Executive Order 12866 

This notice of final priority 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 priority are those 

resulting from statutory requirements 

and those we have determined as 

necessary for administering this 

program effectively and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this notice of final 

priority, we have determined that the 

benefits of the final priority 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. 

Summary of potential costs and 

benefits: The potential cost associated 

with this final priority is minimal while 

the benefits are significant. 

The benefit of the final priority is that 

it will help applicants prepare highquality proposals that expand their 

capacity to provide public school choice 

to parents whose children attend 

schools that have not made adequate 

yearly progress. 

Intergovernmental Review 

This program is 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. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10731 

This document provides early 

notification of our specific plans and 

actions for this program. 

Applicable Program Regulations: 34 

CFR part 280. 

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. 

You may also view this document in 

text or PDF at the following site: http:// 

www.ed.gov/programs/magnet/ 

applicant.html. 

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 84.165A Magnet Schools Assistance 

Program) 

Program Authority: 20 U.S.C. 7231–7231j. 

Dated: March 6, 2007. 

Morgan S. Brown, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. E7–4272 Filed 3–8–07; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Safe and Drug-Free Schools; 

Overview Information; School-Based 

Student Drug-Testing Programs; 

Notice Inviting Applications for New 

Awards for Fiscal Year (FY) 2007 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.184D. 

DATES: 

Applications Available: March 9, 

2007. 

Deadline for Transmittal of 

Applications: May 8, 2007. 

Deadline for Intergovernmental 

Review: July 9, 2007. 

Eligible Applicants: Local educational 

agencies (LEAs) and public and private 

entities. 

Estimated Available Funds: 

$1,600,000. Contingent upon the 

availability of funds, the Secretary may 

make additional awards later in FY 2007 

and in subsequent years from the list of 

unfunded applicants from this 

competition. 

Estimated Range of Awards: 

$100,000-$200,000. 

Estimated Average Size of Awards: 

$150,000. 

Estimated Number of Awards: 11. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 36 months. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of the Program: The SchoolBased Student Drug-Testing program 

awards grants to LEAs and public and 

private entities to develop and 

implement, or expand, school-based 

drug-testing programs for students. 

Priority: This priority is from the 

notice of final eligibility and application 

requirements, priorities, and selection 

criteria for this program, published in 

the Federal Register on July 7, 2005 (70 

FR 39254). 

Absolute Priority: For FY 2007 and 

any subsequent year in which we make 

awards based on the list of unfunded 

applications from this competition, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: 

Mandatory Random and Voluntary 

Student Drug-Testing Programs. Under 

this priority, we will provide Federal 

financial assistance to eligible 

applicants to develop and implement, or 

expand, school-based mandatory 

random or voluntary drug-testing 

programs for students in one or more 

grades 6 through 12. Any drug-testing 

program conducted with funds awarded 

under this priority must be limited to 

one or more of the following: 

(1) Students who participate in the 

school’s athletic program; 

(2) Students who are engaged in 

competitive, extracurricular, schoolsponsored activities; and 

(3) A voluntary drug-testing program 

for students who, along with their 

parent or guardian, have provided 

written consent to participate in a 

random drug-testing program. 

Applicants that propose voluntary drug 

testing for students who, along with 

their parent or guardian, provide written 

consent, must not prohibit students who 

do not consent from participating in 

school or extracurricular activities. 

Application Requirements: The 

following requirements apply to all 

applications submitted under this 

program. Requirements (1) and (3) 

through (5) are from the notice of final 

eligibility and application requirements, 

priorities, and selection criteria for this 

program, published in the Federal 

Register on July 7, 2005 (70 FR 39254). 

Requirement (2) is from the notice of 

final eligibility requirement for the 

Office of Safe and Drug-Free Schools 

discretionary grant programs published 

in the Federal Register on December 4, 

2006 (71 FR 70369). 

(1) Applicants may not submit more 

than one application for an award under 

this program. 

(2) Eligibility under this grant 

competition is limited to applicants that 

do not currently have an active grant 

under the Department of Education’s 

School-Based Student Drug-Testing 

Program (CFDA 84.184D). For the 

purpose of this requirement, a grant is 

considered 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. 

(3) Non-LEA applicants must submit 

a letter of agreement to participate from 

an LEA. The letter must be signed by the 

applicant and an authorized 

representative of the LEA. Letters of 

support are not acceptable as evidence 

of the required agreement. 

(4) Funds may not be used for the 

following purposes: 

(a) Student drug tests administered 

under suspicion of drug use; 

(b) Incentives for students to 

participate in programs; 

(c) Drug treatment; or 

(d) Drug prevention curricula or other 

prevention programs. 

(5) Applicants must: 

(a) Identify a target population and 

demonstrate a significant need for drug 

testing within the target population; 

(b) Explain how the proposed drugtesting program will be part of an 

existing, comprehensive drug 

prevention program in the schools to be 

served; 

(c) Provide a comprehensive plan for 

referring students who are identified as 

drug users through the testing program 

to a student assistance program, 

counseling, or drug treatment if 

necessary; 

(d) Provide a plan to ensure the 

confidentiality of drug-testing results, 

including a provision that prohibits the 

party conducting drug tests from 

disclosing to school officials any 

information about a student’s use of 

legal medications; 

(e) Limit the cost of site-based 

evaluations to no more than 10 percent 

of total funds requested; and 

(f) Provide written assurances of the 

following: 

(i) That results of student drug tests 

will not be disclosed to law enforcement 

officials; 


jlentini on PROD1PC65 with NOTICES