[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63780-63795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31566]



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_______________________________________________________________________

Part V





Department of Education





_______________________________________________________________________



Bilingual Education; State Grant Program; Notice

Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / 
Notices

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.194Q]


Bilingual Education: State Grant Program; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 1998

    Note to Applicants: This notice is a complete application package. 
Together with the statute authorizing the program and the Education 
Department General Administrative Regulations (EDGAR), this notice 
contains all of the information, application forms, and instructions 
needed to apply for an award under this program. The statutory 
authorization for this program and the application requirements that 
apply to this competition are contained in section 7134 of the 
Elementary and Secondary Education Act of 1965, as amended by the 
Improving America's Schools Act of 1994 (Pub. L. 103-382, enacted 
October 20, 1994 (the Act) (20 U.S.C. 7454)).
    Purpose of Program: This program provides grants to State 
educational agencies to--(1) assist local educational agencies in the 
State with program design, capacity building, assessment of student 
performance, and program evaluation; and (2) collect data on the 
State's limited English proficient (LEP) population and the educational 
programs and services available to that population. However, a State is 
exempt from the requirements to collect data if it did not, as of 
October 20, 1994, have a system in place for collecting the data.
    Eligible Applicants: State Educational Agencies.
    Deadline for Transmittal of Applications: January 9, 1998.
    Deadline for Intergovernmental Review: March 10, 1998.
    Available Funds: $5,720,000.
    Estimated Range of Awards: $100,000-$550,000.
    Estimated Number of Awards: 50.

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

    Project Period: 36 months.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR Parts 74, 75, 77, 79, 80, 
81, 82, 85, and 86; and (b) 34 CFR Part 299, General Provisions, 
Elementary and Secondary Education Act, published on May 22, 1997, in 
the Federal Register (62 FR 28248).

Description of Program

    Funds under this program are to be used to assist local educational 
agencies in the State with program design, capacity building, 
assessment of student performance, and program evaluation. In addition, 
grantees are required to collect data on the State's LEP population and 
the educational programs and services available to that population 
unless a grantee's State did not, as of October 20, 1994, have a system 
for collecting data in place. However, a State that develops a system 
for collecting data on the educational programs and services available 
to all LEP students in the State subsequent to October 20, 1994 must 
meet this requirement. A grantee may also use funds provided under this 
program for the training of State educational agency personnel in 
educational issues affecting limited English proficient children and 
youth.

Selection Criteria

    (a)(1) The Secretary uses the following selection criteria in 34 
CFR 75.209 and 75.210 and section 7134 of the Act to evaluate 
applications for new grants under this competition.
    (2) The maximum score for all of these criteria is 100 points.
    (3) The maximum score for each criterion is indicated in 
parentheses.
    (b) The criteria.--(1) Providing for the education of children and 
youth with limited English proficiency. (20 points) The Secretary 
reviews each application to determine how well the applicant 
effectively provides, through its own programs and other Federal 
education programs, for the education of limited English proficient 
children within its State.
    (2) 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 magnitude of the need for the 
services to be provided or the activities to be carried out by the 
proposed project.
    (3) Quality of the project design. (25 points) (i) The Secretary 
considers the quality of the design of the proposed project.
    (ii) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (A) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (B) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance.
    (C) The extent to which the proposed project will be coordinated 
with similar or related efforts, and with other appropriate community, 
State, and Federal resources.
    (4) Quality of project services. (15 points) (i) The Secretary 
considers the quality of the services to be provided by the proposed 
project.
    (ii) 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.
    (iii) In addition, the Secretary considers the following factors:
    (A) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (B) The extent to which entities that are to be served by the 
proposed technical assistance project demonstrate support for the 
project.
    (C) The extent to which the technical assistance services to be 
provided by the proposed project involve the use of efficient 
strategies, including the use of technology, as appropriate, and the 
leveraging of non-project resources.
    (5) Quality of project personnel. (10 points) (i) The Secretary 
considers the quality of the personnel who will carry out the proposed 
project.
    (ii) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age or disability.
    (iii) In addition, the Secretary considers the following factors:
    (A) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (B) The qualifications, including relevant training and experience, 
of key project personnel.
    (6) Adequacy of resources. (5 points) (i) The Secretary considers 
the adequacy of resources for the proposed project.
    (ii) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (A) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (B) The extent to which the budget is adequate to support the 
proposed project.

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    (C) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.
    (7) Quality of the project evaluation. (10 points) (i) The 
Secretary considers the quality of the evaluation to be conducted of 
the proposed project.
    (ii) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (A) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (B) The extent to which the methods of evaluation are appropriate 
to the context within which the project operates.

Intergovernmental Review of Federal Programs

    This program is subject to the requirements of Executive Order 
12372 (Intergovernmental Review of Federal Programs) and the 
regulations in 34 CFR Part 79.
    The objective of the Executive order is to foster an 
intergovernmental partnership and to strengthen federalism by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance.
    Applicants must contact the appropriate State Single Point of 
Contact to find out about, and to comply with, the State's process 
under Executive Order 12372. Applicants proposing to perform activities 
in more than one State should immediately contact the Single Point of 
Contact for each of those States and follow the procedure established 
in each State under the Executive Order. If you want to know the name 
and address of any State Single Point of Contact, see the list 
published in the Federal Register on October 7, 1997 (62 FR 52448 
through 52450).
    In States that have not established a process or chosen a program 
for review, State, areawide, regional, and local entities may submit 
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a 
State Single Point of Contact and any comments from State, areawide, 
regional, and local entities must be mailed or hand-delivered by the 
date indicated in this notice to the following address: The Secretary, 
E.O. 12372--CFDA# 84.194Q, U.S. Department of Education, Room 6213, 600 
Independence Avenue, SW., Washington, DC 20202-0124.
    Proof of mailing will be determined on the same basis as 
applications (see 34 CFR 75.102). Recommendations or comments may be 
hand-delivered until 4:30 p.m. (Washington, DC time) on the date 
indicated in this notice.
    Please note that the above address is not the same address as the 
one to which the applicant submits its completed application. Do not 
send applications to the above address.

Instructions for Transmittal of Applications

    (a) If an applicant wants to apply for a grant, the applicant 
shall--
    (1) Mail the original and one copy of the application on or before 
the deadline date to: U.S. Department of Education, Application Control 
Center, Attention: (CFDA# 84.194Q), Washington, DC 20202-4725, or
    (2) Hand-deliver the original and one copy of the application by 
4:30 p.m. (Washington, DC time) on or before the deadline date to: U.S. 
Department of Education, Application Control Center, Attention: (CFDA# 
84.194Q), Room #3633, Regional Office Building #3, 7th and D Streets, 
SW., Washington, DC.
    (b) An applicant must show one of the following as proof of 
mailing:
    (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.
    (c) If an application is mailed through the U.S. Postal Service, 
the Secretary does 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.

    Notes: (1) The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, an applicant should 
check with its local post office.
    (2) The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to each applicant. If an applicant fails to 
receive the notification of application receipt within 15 days from the 
date of mailing the application, the applicant should call the U.S. 
Department of Education Application Control Center at (202) 708-9495.
    (3) The applicant must indicate on the envelope and--if not 
provided by the Department--in Item 10 of the Application for Federal 
Assistance (Standard Form 424) the CFDA Number--and suffix letter, if 
any--of the competition under which the application is being submitted.

Application Instructions and Forms

    The appendix to this notice contains the following forms and 
instructions, plus a statement regarding estimated public reporting 
burden, a notice to applicants regarding compliance with section 427 of 
the General Education Provisions Act, various assurances and 
certifications, checklist for applicants, and required documentation:
    a. Application for Federal Assistance (Standard Form 424 (Rev. 4-
88)) and instructions.
    b. Budget Information--Non-Construction Programs (ED Form No. 524) 
and instructions.
    c. Instructions for the Application Narrative.
    d. Estimated Public Reporting Burden Statement.
    e. Assurances--Non-Construction Programs (Standard Form 424B) and 
instructions.
    f. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and instructions.
    g. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014, 9/90) 
and instructions. (NOTE: This form is intended for the use of grantees 
and should not be transmitted to the Department.)
    h. Disclosure of Lobbying Activities (Standard Form LLL) (if 
applicable) and instructions. This document has been marked to reflect 
statutory changes. See the notice published in the Federal Register (61 
FR 1413) by the Office of Management and Budget on January 19, 1996.
    i. Notice to All Applicants.
    j. Checklist for Applicants.
    An applicant may submit information on a photostatic copy of the 
application and budget forms, the assurances, and the certifications. 
However, the application form, the assurances, and the certifications 
must each have an original signature.
    All applicants must submit one original signed application, 
including ink signatures on all forms and assurances, and one copy of 
the application. Please mark each application as ``original'' or 
``copy.'' No grant may be awarded unless a completed application form 
has been received.

FOR FURTHER INFORMATION CONTACT: Luis A. Catarineau, U.S. Department of 
Education, 600 Independence Avenue, SW., room 5623, Switzer Building, 
Washington, DC 20202-6510. Telephone: (202) 205-9907. Individuals

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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 notice in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph. Please note, however, that the Department is not able to 
reproduce in an alternate format the standard forms included in the 
notice.

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 preceding 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.

    Program Authority: 20 U.S.C. 7454.

    Dated: November 24, 1997.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.

Estimated Public Reporting Statement

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid OMB control number. The valid OMB control number for this 
information collection is OMB No. 1885-0528 (Expiration date: April 30, 
1998). The time required to complete this information collection is 
estimated to average 60 hours per response, including the time to 
review instructions, search existing data resources, gather the data 
needed, and complete and review the information collection. If you have 
any comments concerning the accuracy of the time estimate or 
suggestions for improving this form, please write to: U.S. Department 
of Education, Washington, D.C. 20202-4651.
    If you have comments or concerns regarding the status of your 
individual submission of this form, write directly to: Office of 
Bilingual Education and Minority Languages Affairs, U.S. Department of 
Education, 600 Independence Avenue, SW., Room 5623, Mary E. Switzer 
Building, Washington, DC 20202-6510.

Instructions for the Application Narrative

Abstract

    The narrative section should begin with an abstract that includes a 
short description of the LEP population in the State, project 
objectives, and planned project activities.

Selection Criteria

    The narrative should address fully all aspects of the selection 
criteria in the order listed and should give detailed information 
regarding each criterion. Do not simply paraphrase the criteria.

Table of Contents

    The application should include a table of contents listing the 
sections in the order required.

Budget

    Budget line items must support the goals and objectives of the 
proposed project and must be directly related to the instructional 
design and all other project components.

Notice to All Applicants

    Thank you for your interest in this program. The purpose of this 
enclosure is to inform you about a new provision in the Department of 
Education's General Education Provisions Act (GEPA) that applies to 
applicants for new grant awards under Department programs. This 
provision is section 427 of GEPA, enacted as part of the Improving 
American's Schools Act of 1994 (Pub. L. 103-382).

To Whom Does This Provision Apply?

    Section 427 of GEPA affects applicants for new discretionary grant 
awards under this program. All applicants for new awards must include 
information in their applications to address this new provision in 
order to receive funding under this program. 

What Does This Provision Require?

    Section 427 requires each applicant for funds (other than an 
individual person) to include in its application a description of the 
steps the applicant proposes to take to ensure equitable access to, and 
participation in, its federally assisted program for students, 
teachers, and other program beneficiaries with special needs.
    This section allows applicants discretion in developing the 
required description. The statute highlights six types of barriers that 
can impede equitable access or participation that you may address: 
gender, race, national origin, color, disability, or age. Based on 
local circumstances, you can determine whether these or other barriers 
may prevent your students, teachers, etc. from equitable access or 
participation. Your description need not be lengthy; you may provide a 
clear and succinct description of how you plan to address those 
barriers that are applicable to your circumstances. In addition, the 
information may be provided in a single narrative, or, if appropriate, 
may be discussed in connection with related topics in the application.
    Section 427 is not intended to duplicate the requirements of civil 
rights statutes, but rather to ensure that, in designing their 
projects, applicants for Federal funds address equity concerns that may 
affect the ability of certain potential beneficiaries to fully 
participate in the project and to achieve to high standards. Consistent 
with program requirements and its approved application, an applicant 
may use the Federal funds awarded to it to eliminate barriers it 
identifies.

What Are Examples of How an Applicant Might Satisfy the Requirement of 
This Provision?

    The following examples may help illustrate how an applicant may 
comply with Section 427.
    (1) An applicant that proposes to carry out an adult literacy 
project serving, among others, adults with limited English proficiency, 
might describe in its application how it intends to distribute a 
brochure about the proposed project to such potential participants in 
their native language.
    (2) An applicant that proposes to develop instructional materials 
for classroom use might describe how it will make the materials 
available on audio tape or in braille for students who are blind.
    (3) An applicant that proposes to carry out a model science program 
for secondary students and is concerned that girls may be less likely 
than boys to enroll in the course, might indicate how it intends to 
conduct ``outreach'' efforts to girls, to encourage their enrollment.
    We recognize that many applicants may already be implementing 
effective

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steps to ensure equity of access and participation in their grant 
programs, and we appreciate your cooperation in responding to the 
requirements of this provision.

Estimated Burden Statement

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid OMB control number. The valid OMB control number for this 
information collection is 1801-0004 (Exp. 8/31/98). The time required 
to complete this information collection is estimated to vary from 1 to 
3 hours per response, with an average of 1.5 hours, including the time 
to review instructions, search existing data resources, gather and 
maintain the data needed, and complete and review the information 
collection. If you have any comments concerning the accuracy of the 
time estimate(s) or suggestions for improving this form, please write 
to: U. S. Department of Education, Washington, DC 20202-4651.

Checklist for Applicants

    The following forms and other items must be included in the 
application in the order listed below:
    1. Application for Federal Assistance Form (SF 424).
    2. Budget Information Form (ED Form No. 524).
    3. Itemized budget for each year.
    4. Assurances--Non-Construction Programs Form (SF 424B).
    5. Certifications Regarding Lobbying, Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements Form 
(ED 80-0013).
    6. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 80-0014) 
(if applicable).
    7. Disclosure of Lobbying Activities Form (SF-LLL).
    8. Information that addresses section 427 of the General Education 
Provisions Act. (See the above section entitled ``Notice to all 
Applicants'' (OMB No. 1801-0004).)
    9. Table of Contents.
    10. Application narrative, including abstract.
    11. One original and one copy of the application for transmittal to 
the Education Department's Application Control Center.

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[FR Doc. 97-31566 Filed 12-1-97; 8:45 am]
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