60752 Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Notices

DEPARTMENT OF EDUCATION

National Center or Centers for

Research in Vocational Education

AGENCY: Department of Education

ACTION: Notice of final interpretation

and waivers.

SUMMARY: The Secretary of Education

(Secretary) announces an interpretation

of the statute authorizing the National

Center or Centers for Research in

Vocational Education (National Center),

section 404, Part A, Title IV of the Carl

D. Perkins Vocational and Applied

Technology Education Act of 1990

(Act). Under the interpretation, the

Secretary has the authority to extend the

five-year project period for the current

National Center at the University of

California at Berkeley. In addition, for

the National Center at Berkley, the

Secretary waives the regulations in 34

CFR 75.250 of the Education

Department General Administrative

Regulations (EDGAR), which provide

that the Secretary may approve a project

period of up to 60 months; the

regulations in 34 CFR 75.261(c)(2) and

(3) of EDGAR, which provide for

circumstances under which the

Secretary may extend the project period

of an award; and the regulations in 34

CFR 413.4(a), which provide that the

Secretary designates a National Center

or Centers once every five years.

EFFECTIVE DATE: This notice becomes

effective on December 12, 1997.

FOR FURTHER INFORMATION CONTACT:

Jackie Friederich or Pariece Wilkins,

Division of National Programs, Office of

Vocational and Adult Education, U.S.

Department of Education (Mary E.

Switzer Building, Room 4526), 600

Independence Avenue, SW,

Washington, DC 20202–7242.

Telephone (202) 205–9071. Internet

address: Jackielfriederich@ed.gov and

Pariecelwilkins@ed.gov. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m., Eastern time, Monday through

Friday.

Individuals with disabilities may

obtain this document in an alternate

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

SUPPLEMENTARY INFORMATION: In

December 1992, after a competition

conducted under the authority of

section 404 of the Perkins Act and the

implementing regulations at 34 CFR Part

413, the Secretary awarded grants to the

University of California at Berkeley to

operate the current National Center for

Research in Vocational Education. At

that time, the Secretary approved a fiveyear project period. The National Center

has received annual grant awards since

December 1992 for the purpose of

conducting applied research and

development activities in vocational

education as well as annual awards for

the purpose of conducting

dissemination and training activities in

vocational education. Section 3 of the

Act, as amended by Public Law 101–

392, authorized appropriations for Titles

I through IV of the Act (including

appropriations for the National Center)

for Fiscal Years (FYs) 1991, 1992, 1993,

1994, and 1995. Calendar year 1997 will

be the fifth year of the project period for

which the University of California at

Berkeley was selected and awarded

grants in 1992. The funds awarded to

the National Center in December of 1992

were utilized by the University of

California at Berkeley to carry out

activities in 1993. Since section 3 of the

Act only authorized appropriations

under Perkins Act programs through FY

1995, FY 1996 Perkins Act programs

were extended under the authority of

section 422 of the General Education

Provisions Act (Pub. L. 103–382). In FY

1997, Perkins Act programs that were

funded, including the National Center

program, operated by authority of

annual congressional appropriations.

On June 20, 1997, the Secretary

published a notice of proposed

interpretation and proposed waiver in

the Federal Register (62 FR 33726).

Except for technical revisions and the

waiver of 34 CFR 75.261(c) (2) and (3),

there are no differences between the

proposed and final interpretation and

waivers.

Analysis of Comments

Interpretation

In response to the Secretary’s

invitation, 17 parties submitted

comments on the notice of proposed

interpretation of section 404 of the

Perkins Act and on the proposed

waivers of §§ 75.250 and 413.4(a).

Comments: All seventeen commenters

supported the continuation of the

National Center at the University of

California at Berkeley. Fourteen of these

commenters thought the National Center

should continue because they either

benefited from or were pleased with the

National Center’s work. Five

commenters agreed with the Department

that the National Center should be

continued because of uncertainties

regarding reauthorization and future

funding for the National Center.

Discussion: The Secretary is also

pleased with work performed by the

National Center at the University of

California at Berkeley. The National

Center has provided valuable research

in tech-prep, integration of academic

and vocational education, and both

performance and skills standards.

Moreover, the Secretary believes

Berkeley is likely to continue to operate

a National Center that addresses the

needs of the vocational education

community.

The uncertainties regarding

reauthorization and future funding for

the National Center, which prompted

the Department to propose the notice of

interpretation and waivers, remain. The

Secretary continues to want to avoid

holding a grant competition for a new

National Center in an atmosphere of

uncertainty in which potential

applicants would not have critical

information. The Secretary is, therefore,

issuing this notice of interpretation that

will enable the Department to continue

the existing National Center beyond the

60-month project period, with new work

beginning under the grants in 1998.

Change: None.

Comment: One commenter strongly

encouraged the National Center, during

its one-year extension, to provide

research that supports a strengthened

State leadership role for vocational

technical education and to conduct

research that will assist States in critical

issues such as vocational technical

education’s role in welfare reform and

vocational teacher education.

Discussion: The Secretary believes

that one of the most important activities

of the National Center is applied

research and dissemination that help to

shape the future of vocational education

and that are especially useful to

educators in strengthening vocational

education programs. In this regard, the

Secretary plans for the National Center

to enhance its dissemination activities

and efforts to assist States and localities

to address their needs. During the 1998

project period the National Center will

provide States with materials and

services in key areas of need, which

may include use performance data,

professional development, welfare

reform, and curriculum integration, and

will provide technical assistance in the

use of the National Center’s research

findings through regional workshops.

Change: None.

Waiver

Comment: None.

Discussion: In order to extend the

five-year project period for the current

National Center, the Secretary has

waived 34 CFR 75.250, which provides
Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Notices 60753

that the Secretary may approve a project

period of up to 60 months, and

§ 413.4(a), which provides that the

Secretary designates a National Center

or Centers once every five years.

Consistent with these two waivers, the

Secretary has determined that he will

waive 34 CFR 75.261(c)(2) and (3) so as

to authorize the extension to Berkeley

even though the extension will involve

the obligation of new Federal monies

and the performance of new work.

Change: This notice now includes a

waiver of 34 CFR 75.261(c)(2) and (3).

Interpretation and Waivers

The authorization of appropriations

for the Perkins Act has expired and the

National Center is being funded and

administered on the basis of year-to-year

congressional appropriations. There is

no authorization of appropriation for the

years that would be covered by new

five-year National Center grants, were

there to be a competition. The National

Center authority in section 404 of the

Perkins Act requires that the Secretary

operate a National Center or Centers for

a period of five years. December 31,

1997 will be the end of the five-year

period for the current National Center

and, therefore, the statutory requirement

will have been met. The Secretary does

not view the statute as requiring a new

competition for new five-year grants

especially since there are no

appropriations authorized. Accordingly,

the Secretary interprets the statute as

authorizing him to extend the current

National Center.

In view of the uncertainties presented

by the absence of appropriation

authority, the Secretary seeks to avoid a

situation where the current National

Center ceases operations and a new

National Center starts up operations the

next year, very possibly resulting in a

difficult transition period and a

truncated project period during which

essential research, development,

dissemination, and training activities

will not be undertaken, causing a

potentially serious disruption of

services to the vocational education

community. The Secretary also does not

wish to place potential applicants in the

position of expending resources

applying for Federal funds without

knowing the full amount of funds for

which they are applying or the period

of years for which they are seeking to be

funded. Also, the Secretary is generally

reluctant to announce a competition

whereby eligible entities would be

expected to proceed through the

application preparation and submission

processes while lacking critical

information and does not think that it

would be in the public interest to do so.

The Secretary, therefore, adopts the

interpretation and waives certain

regulations for the National Center at

Berkeley in order to provide an

appropriate and cost-effective way of

implementing existing legislation while

serving the interest of the education

community.

The Secretary adopts the

interpretation of section 404 of the

Perkins Act and waives §§ 75.250 and

75.261(c)(2) and (3) of EDGAR and

§ 413.4(a) of the program regulations as

they apply to the National Center at

Berkeley. This interpretation and these

waivers authorize the Secretary to

extend the grants to the University of

California at Berkeley beyond the 60-

month period provided for in § 75.250,

with new work beginning under the

grants in 1998. The Secretary will

extend the grants if it is determined,

based on information available, that

Berkeley is making substantial progress

and will likely continue to make

substantial progress in performing all

required activities.

Assuming that Berkeley is making

substantial progress in performing the

required activities, the Secretary will

extend the grants to Berkeley for one

additional year (through December,

1998), by awarding two grants totaling

$4.5 million under the authority of the

Departments of Labor, Health and

Human Services, and Education, and

Related Agencies Appropriations Act,

Public Law 104–208. However,

additional extensions could be made if

Congress makes further appropriations

without underlying authorizing

legislation. During the period of any

extension, the Secretary will review the

activities of the National Center to

ensure that Berkeley continues to make

substantial progress in performing all

required activities.

The Secretary does not interpret the

waivers as exempting the grantee from

the account closing provisions of Pub. L.

101–510 or as extending the availability

of FY 1992, 1993, 1994, 1995, and 1996

funds awarded to the grantee. As a

result of Pub. L. 101–510,

appropriations available for a limited

period may be used for payments of

valid obligations for only five years after

the expiration of their period of

availability for Federal obligation. After

that time, the unexpended balance of

those funds is canceled and returned to

the Treasury Department and is

unavailable for restoration for any

purpose. Therefore, FY 1993 funds

awarded to Berkeley for the National

Center will not be available for

payments on obligations after

September 30, 1998. If the grants are

extended for additional years, funds

will be available for payments on valid

obligations for only five years after the

expiration of their period of availability.

For example:

(a) FY 1994 funds [or appropriations]

will not be available for payment of

obligations after September 30, 1999.

(b) FY 1995 funds [or appropriations]

will not be available for payment of

obligations after September 30, 2000.

During the period of the extension of

the National Center, the Secretary will

give special emphasis to several of the

mandatory statutory and regulatory

activities the National Center is required

to carry out, which appear to be of

particular concern to the education

community, in the following areas:

(a) Integration of academic and

vocational education.

(b) Accountability in vocational

education, including the use of

performance standards for program

improvement.

(c) Education of students in all

aspects of an industry.

(d) Development of effective methods

for promoting literacy and

communication skills in students.

(e) Use of technology to enhance

learning and support the transference of

knowledge.

(f) Teacher and administrator training

and leadership development.

(g) Articulation of secondary and

postsecondary instruction with high

quality work-based learning.

(h) A study on the research conducted

on approaches that lead to effective

articulation of the education-to-work

transition.

(i) Dissemination of exemplary

practices and materials, including

curriculum and instructional materials.

(j) Development and utilization of a

national level dissemination network,

including the broad dissemination of

the results of research and development

conducted by the National Center.

(k) Development and publication of

curriculum materials.

(l) Development of processes for the

synthesis of research.

The activities of the National Center

provide valuable support to the

Department’s new initiatives that are

geared toward preparing students for

high-skill jobs by providing them with

the academic, technical, and related

skills needed for the twenty-first

century. These initiatives support the

development of high levels of academic

standards and occupational skills for all

students by promoting education

reform, improvements at the

postsecondary level in the delivery of

services to vocational education

students and in teacher and

administrator training and leadership
60754 Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Notices

development, and the development of

school-to-work systems. Through

research and dissemination initiatives

in areas such as the integration of

academic and vocational education and

the education of students in all aspects

of an industry, new findings can be

identified and disseminated in areas

such as linking secondary and

postsecondary learning, and the

formation of effective partnerships

among schools, employers, parents, and

community and labor organizations that

enhance school-based and work-based

learning. Other possible research,

development, and dissemination

strategies that address these priorities

could include the use of support

services and supportive learning

environments, the development and use

of effective performance management

systems for program improvement, and

the integration of occupational skill

standards and assessments with

academic performance standards and

assessments. Through the exploration,

development, identification, and

dissemination of these strategies, the

work of the National Center will have a

significant impact on education policy

and practice which will benefit the

collaborative education and training

efforts of institutions, educators,

businesses, and students.

Waiver of Proposed Rulemaking

In accordance with the

Administrative Procedures Act (5 U.S.C.

553), it is the practice of the Secretary

to offer interested parties the

opportunity to comment on proposed

regulations. However, the waiver of 34

CFR 75.261(c)(2) and (3) is a procedural

change only and does not establish new

substantive policy. Moreover, the

waiver of 34 CFR 75.261(c)(2) and (3) is

fully consistent with the Secretary’s

waiver of 34 CFR 75.250 and 413.4(a)—

on which the Secretary sought public

comment on June 20, 1997 (62 FR

33726)—in that 75.261(c)(2) and (3)

provide for circumstances under which

the Secretary may extend the project

period of an award. Therefore, proposed

rulemaking is not required under 5

U.S.C. 553(b)(A) and is unnecessary and

contrary to the public interest under 5

U.S.C. 553(b)(B).

Electronic Access to This Document

Anyone may view this document, as

well as all other Department of

Education documents published in the

Federal Register, in text or portable

document format (pdf) on the World

Wide Web 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 with

Search, 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 toll

free at 1–888–293–6498.

Anyone may also view these

documents in text copy only on an

electronic bulletin board of the

Department. Telephone: (202) 219–1511

or, toll free, 1–800–222–4922. The

documents are located under Option

G—Files/Announcements, Bulletins and

Press Releases.

Note: The official version of this document

is the document published in the Federal

Register.

(Catalog of Federal Domestic Assistance

Number 84.051 National Center for Research

in Vocational Education)

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

2404; 20 U.S.C. 3474.

Dated: October 4, 1997.

Christine D. Kulick,

Acting Assistant Secretary, Office of

Vocational and Adult Education.

[FR Doc. 97–29611 Filed 11–10–97; 8:45 am]

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