[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Pages 70436-70459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29925]



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Part V





Department of Education





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Foreign Language Assistance Grants (Local Educational Agencies) Notice 
Inviting Applications for New Awards for Fiscal Year (FY) 2001; Notice

Federal Register / Vol. 65 , No. 226 / Wednesday, November 22, 2000 / 
Notices

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.293B]


Foreign Language Assistance Grants (Local Educational Agencies) 
Notice Inviting Applications for New Awards for Fiscal Year (FY) 2001

    Note to Applicants: This notice is a complete application package. 
Together with the statute authorizing the program and applicable 
regulations governing the program, including 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 competition.
    Purpose of Program: This program provides grants to pay for the 
Federal share of the cost of innovative model programs providing for 
the establishment, improvement, or expansion of foreign language study 
for elementary and secondary school students.
    In awarding grants under this program, the Secretary supports 
projects that--
    (A) Show the promise of being continued beyond their project 
period;
    (B) Demonstrate approaches that can be disseminated and duplicated 
in other local educational agencies; and
    (C) May include a professional development component.
    Eligible Applicants: Local educational agencies.
    Applications Available: November 27, 2000.
    Deadline for Transmittal of Applications: January 26, 2001.
    Deadline for Intergovernmental Review: March 26, 2001.
    Available Funds: $5,000,000.
    The Administration has requested $5 million for new grants under 
this program for FY 2001. The actual level of funding, if any, depends 
on final congressional action. However, we are inviting applications to 
allow enough time to complete the grant process before the end of the 
fiscal year.
    Estimated Range of Awards: $50,000-$175,000.
    Estimated Average Size of Awards: $112,500.
    Estimated Number of Awards: 44.

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

    Project Period: 36 months.
    Applicable Regualtions:
    (a) The Education Department General Administrative Regulations 
(EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 82, 85, 86, 97, 98, and 99.
    (b) 34 CFR part 299.

Description of Program

    Part B of Title VII of the Elementary and Secondary Education Act 
of 1965, as amended (the Act), authorizes the Foreign Language 
Assistance Grants program. Appropriations for this program are 
authorized by section 7206 of the Act. Applicants should note that 
section 7203(c)(1) provides that the Federal share of the cost of 
activities assisted under this part for each fiscal year is 50 percent. 
The Secretary may waive this requirement for any local educational 
agency which the Secretary determines does not have adequate resources 
to pay the non-Federal share of the cost of the activities assisted 
under this part. Section 7203(c)(3) of the Act provides that at least 
75 percent of the funds appropriated under section 7206 must be used 
for the expansion of foreign language learning in elementary grades. 
The Secretary does not fund projects that propose Native American 
languages.

Priority

    Under 34 CFR 75.105(b)(2)(iv) and (c)(2)(i) and section 7204(b) of 
the Act (20 U.S.C. 7514(b)), the Secretary gives preference to 
applications that meet the following competitive priority by awarding 
three additional points to applications that propose to carry out one 
or more of the activities specified in a particularly effective way. 
These points would be in addition to any points the application earns 
under the selection criteria for the program.
Competitive Preference Priority--Special Considerations (3 points)
    Projects that propose to carry out one or more of the following 
activities: (1) Intensive summer foreign language programs for 
professional development; (2) linking non-native English speakers in 
the community with the schools in order to promote two-way language 
learning; or (3) promoting the sequential study of a foreign language, 
beginning in elementary schools.

Selection Criteria

    (a)(1) The Secretary uses the following selection criteria in 34 
CFR 75.209 and 75.210 and section 7203 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)(1) Need for the project. (10 points)
    The Secretary considers the need for the project. In determining 
the need for the proposed project, the Secretary considers the 
following factors:
    (i) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project.
    (ii) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (2) Significance. (20 points)
    The Secretary reviews each application to determine how well the 
proposed project will implement foreign language instructional programs 
that will:
    (i) Show the promise of being continued beyond the grant period; 
and
    (ii) Demonstrate approaches that can be disseminated and duplicated 
in other local educational agencies.
    (3) Quality of the project design. (25 points)
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (iii) The extent to which the design for implementing and 
evaluating the proposed project will result in information to guide 
possible replication of project activities or strategies, including 
information about the effectiveness of the approach or strategies 
employed by the project.
    (4) Quality of project services. (20 points)
    (i) The Secretary considers the quality of 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 the services to be provided by the proposed 
project

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reflect up-to-date knowledge from research and effective practice.
    (C) The likelihood that the services to be provided by the proposed 
project will lead to improvements in the achievement of students as 
measured against rigorous academic standards.
    (5) Quality of project personnel. (10 points)
    (i) The Secretary considers the quality of the key 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. (4 points)
    The Secretary considers the adequacy of resources for the project. 
In determining the adequacy of resources for the proposed project, the 
Secretary considers the following factors:
    (i) The extent to which the budget is adequate to support the 
proposed project.
    (ii) 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 management plan. (5 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (8) Quality of project evaluation plan. (6 points)
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (ii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (iii) The extent to which the evaluation will provide guidance 
about effective strategies suitable for replication or testing in other 
settings.

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.
    One of the objectives 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 (SPOC), see the list 
published in the Federal Register on April 28, 1999 (64 FR 22963); or 
you may view the latest SPOC list on the OMB Web site at the following 
address: http://www.whitehouse.gov/omb/grants
    In States that have not established a process or chosen a program 
for review, State, area-wide, 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, area-wide, 
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# 84.293B, U.S. Department of Education, Room 6213, 400 
Maryland 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. (Eastern 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 
must--
    (1) Mail the original and two copies of the application on or 
before the deadline date to: U.S. Department of Education, Application 
Control Center, Attention: (CFDA# 84.293B), Washington, DC 20202-4725; 
or
    (2) Hand deliver the original and two copies of the application by 
4:30 p.m. (Eastern time) on or before the deadline date to: U.S. 
Department of Education, Application Control Center, Attention: (CFDA# 
84.293B), 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 application is divided into three parts plus a 
statement regarding estimated public reporting

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burden, guidance on addressing the EDGAR selection criteria, and 
various assurances, certifications, and required documentation. These 
parts and additional materials are organized in the same manner that 
the submitted application should be organized. The parts and additional 
materials are as follows:

Part I: Application for Federal Assistance (ED 424) and 
instructions.
Part II: Budget Information--Non-Construction Programs (ED Form No. 
524) and instructions.
Part III: Application Narrative.
Additional Materials:
    a. Estimated Public Reporting Burden.
    b. Part B of Title VII of the Elementary and Secondary Education 
Act of 1965, as amended (the Act).
    c. Program Questions and Answers.
    d. Group Application Certification.
    e. Student Data.
    f. Project Documentation Form, including: Section I--
Documentation of consultation with nonprofit private school 
officials; Section III--Appropriate box checked.
    g. Assurances--Non-Construction Programs (Standard Form 424B) 
and instructions.
    h. Certifications Regarding Lobbying; Debarment, Suspension, and 
Other Responsibility Matters; and Drug-Free Workplace Requirements 
(ED 80-0013) and instructions.
    i. Certification Regarding Debarment, Suspension, Ineligibility 
and Voluntary Exclusion: Lower Tier Covered Transactions (ED 80-
0014, 9/90) and instructions.

    Note: ED 80-0014 is intended for the use of grantees and should 
not be transmitted to the Department).

    j. 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 at (61 FR 1413) by the Office of Management and Budget on 
January 19, 1996).
    k. Notice to All Applicants concerning a new provision in the 
Department of Education's General Education Provisions Act (GEPA).

    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 TWO copies 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:
Rebecca Richey, U.S. Department of Education, 400 Maryland Avenue, SW, 
Room 5619, Switzer Building, Washington, D.C. 20202-6510. Telephone: 
(202) 205-9717.
Ana Garcia, U.S. Department of Education, 400 Maryland Avenue, SW, Room 
5625, Switzer Building, Washington, D.C. 20202-6510. Telephone: (202) 
205-8077.
Itzetht Testa-Salcedo, U.S. Department of Education, 400 Maryland 
Avenue, SW, Room 5630, Switzer Building, Washington, D.C. 20202-6510. 
Telephone: (202) 205-8726.

    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 notice in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact persons listed in the preceding 
paragraph. Please note, however, that the Department is not able to 
reproduce in an alternative 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 Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

To use PDF you must have Adobe Acrobat Reader, which is available free 
at either of the preceding sites. If you have questions about using 
PDF, call the U.S. Government Printing Office toll free at 1-800-293-
6498; or in the Washington, D.C. 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 Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html


    Program Authority: 20 U.S.C. 7511-7514.

    Dated: November 16, 2000.
Art Love,
Acting Director, Office of Bilingual Education and Minority Languages 
Affairs.
BILLING CODE 4000-01-P

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Appendix

Part I
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Part II
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Part III--Application Narrative

Application Narrative Instructions

Mandatory Page Limit for the Application Narrative

    The narrative is the section of the application where you 
address the selection criteria used by reviewers in evaluating the 
application. You must limit the narrative to the equivalent of no 
more than 35 pages, using the following standards:
    (1) A page is 8.5"  x  11", on one side only with 1" margins at 
the top, bottom, and both sides.
    (2) You must double space (no more than three lines per vertical 
inch) all text in the application narrative, including titles, 
headings, footnotes, quotations, references, and captions, as well 
as all text in charts, tables, figures, and graphs.
    If you use a proportional computer font, you may not use a font 
smaller than a 12-point font. If you use a non-proportional font or 
a typewriter, you may not use more than 12 characters per inch.
    The page limit does not apply to the Application for Federal 
Education Assistance Form (ED 424); the Budget Information Form (ED 
524) and attached itemization of costs; the other application forms 
and attachments to those forms; the assurances and certifications; 
or the one-page abstract and table of contents described below.
    If, in order to meet the page limit, you use print size, spacing 
or margins smaller than the standards specified in this notice, your 
application will not be considered for funding.

Additional Guidance

Abstract

    The narrative section should be preceded by a one-page abstract 
that includes a short description of the population to be served by 
the project, project objectives, and planned project activities.

Table of Contents

    The application should include a table of contents listing the 
various parts of the narrative in the order of the selection 
criteria. The table should include the page numbers where the parts 
of the narrative are found.

Budget

    A separate budget summary and cost itemization must be provided 
on the Budget Information Form (ED 524) and in the itemized budget 
for each project year. Budget line items should be directly related 
to the activities proposed to achieve the goals and objectives of 
the project.

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. Do 
not include resumes or curriculum vitae for project personnel; 
provide position descriptions instead. Do not include 
bibliographies, letters of support, or appendices in your 
application.

Final Application Preparation

    Submit three copies of the application, including one copy with 
an original signature on each form that requires the signature of 
the authorized representative. Do not use elaborate bindings, 
notebooks, or covers. The application must be mailed or hand-
delivered to the U.S. Department of Education Application Control 
Center (ACC). If mailed, the application must be postmarked by the 
deadline date.

Additional Materials

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 OMB No. 1885-0540 (Exp. 12/31/
2001). The time required to complete this information collection is 
estimated to average 80 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, DC 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, 400 Maryland Avenue, SW., Room 5605, Switzer Building, 
Washington, DC 20202-6510.

Foreign Language Assistance Program Grants to Local Educational 
Agencies Additional Non-Regulatory Guidance (Questions and Answers)

    Q. How does an applicant for the Foreign Language Assistance 
Program address the requirements set forth by the Government 
Performance and Results Act (GPRA)?
    A. Each applicant should align program goals and objectives with 
the following GPRA indicators for the Foreign Language Assistance 
Program:
    Goal: Help students reach the national education objective of 
mastering one or more foreign languages.

Objective 1: Improve foreign language proficiency of students served 
by the Foreign Language Assistance Program (FLAP).
    Indicator 1.1: Increased student achievement: The percentage of 
students participating in Foreign Language Assistance Program-
supported instruction who demonstrate educationally significant 
progress toward achieving communicative language proficiency will 
increase annually.
Objective 2: Build capacity of schools in FLAP to teach foreign 
languages.
    Indicator 2.1: The percentage of grantees that use national 
standards for determining student performance gains will increase 
annually.

    Q. May a local educational agency (LEA) apply for both a Foreign 
Language Assistance Program grant and a Comprehensive School or 
Program Development and Implementation grant in the same school?
    A. An LEA may apply for two grants, but can be determined to be 
ineligible for funding under one of the grants if there are 
activities between the two grants that overlap or duplicate one 
another.
    Q. How does an applicant comply with Executive Order 12372, the 
Intergovernmental Review of Federal Programs, item #10 of the 
Application for Federal Education Assistance (ED 424)?
    A. Applicants must first review the State Single Point of 
Contact (SPOC) list available at http://www.whitehouse.gov/omb/grants/spoc.html. If a State contact is included in the list, the 
applicant must contact the SPOC to inquire about the State's process 
under Executive Order 12372. If the State requests the application 
for review, a copy of the cover letter sent to the State contact 
must be submitted with the application package and Item #10 checked 
Yes with the date included. If the program is not covered by the 
Executive order, or the State has not selected the program for 
review, Item #10 must be checked No and the reason checked.
    Q. May an LEA submit a proposal for afternoon and Saturday 
foreign language instruction?
    A. The purpose of the Foreign Language Assistance Program is to 
pay the Federal share of the cost of innovative model programs, 
providing for the establishment, improvement or expansion of foreign 
language study. Therefore, it is recommended that the majority of 
instruction be carried out during the traditional school day with 
supplemental activities in the afternoon and/or Saturday.
    Q. How will the Secretary comply with the statutory requirement, 
set out in section 7204(b) of the Elementary and Secondary Education 
Act, to give special consideration to applications that describe 
programs that: (1) Include intensive summer foreign language 
programs for professional development; (2) link non-native English 
speakers in the community; or (3) promote the sequential study of a 
foreign language for students, beginning in elementary schools?
    A. The Secretary has established a competitive priority to 
comply with this statutory requirement. Under that priority, the 
Secretary awards three additional points to applications that 
propose to carry out one or more of the activities specified in 
section 7204(b) of the Act in a particularly effective way. These 
points would be in addition to any points the application earns 
under the Selection Criteria. This priority is set out in full in 
the Application Notice.
    Q. How can an applicant promote two-way language learning?
    A. Two-way language learning is promoted through encouraging 
interaction between non-native English speakers and foreign language 
learners in an instructional setting for purposes of facilitating 
foreign language acquisition. Although improvement of the English 
language skills of non-native English speakers is a desirable 
ancillary benefit of a project that utilizes two-way language 
learning, the primary focus of projects funded under the Foreign 
Language Assistance program must be on foreign language learning. As 
a consequence, funds received under the Foreign Language

[[Page 70447]]

Assistance Program may not be used to fund an activity that is 
solely or primarily concerned with English language instruction.
    Q. What is the definition of ``elementary school'' or 
``secondary school''?
    A. The definitions of these two terms are set out in section 
14101 of the Elementary and Secondary Education Act. The term 
``elementary school'' means a non-profit institutional day or 
residential school that provides elementary education, as determined 
under State law. The term ``secondary school'' means a non-profit 
institutional day or residential school that provides secondary 
education as determined under State law, except that such term does 
not include any education beyond the twelfth grade.
    Q. What is the State's or LEA's share of costs for the Foreign 
Language Assistance program for each fiscal year?
    A. The State's or LEA's share is 50 percent. However, a waiver 
may be granted for an LEA if the Secretary determines that the LEA 
does not have adequate resources to pay the non-Federal share of the 
cost of the activities. (Section 7203(c), 20 U.S.C. 7513(c)). The 
Education Department General Administrative Regulations, at 34 CFR 
80.24, also addresses Federal Cost sharing requirements.
    Q. How does an LEA apply for a waiver of the non-Federal share 
of costs?
    A. The Secretary suggests that local educational agencies that 
wish to do so request a waiver from the requirements of section 
7203(c) of the Act in a letter attached to the application or as a 
part of the narrative of their grant proposal. This waiver request 
should include information that will assist the Secretary in 
determining whether the local educational agency seeking a waiver 
``does not have adequate resources to pay the non-Federal share of 
the costs of the activities assisted under [the Foreign Language 
Assistance program].'' (Section 7203(b) of the Act, 20 U.S.C. 
7513(c)(2)).
    Q. Under this program, may an applicant propose to hire foreign 
language teachers?
    A. Yes, program funds may be used to hire foreign language 
teachers.
    Q. May two districts apply together if they are already working 
together in an elementary school foreign language program?
    A. Yes, the statute does not prohibit school districts from 
applying together. The requirements on group applications are in 34 
CFR 75.127-75.129.
    Q. How can an LEA ensure that their proposed program design will 
lead to an enhanced and effective foreign language program?
    A. An LEA may consider the National and State foreign language 
content standards when designing their program.
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Project Documentation

    Note: Submit the appropriate documents and information as 
specified below for the following programs: Foreign Language 
Assistance Grant.

Section I

    Evidence of compliance with the Federal requirements for 
participation of students enrolled in nonprofit private schools. 
(See section 7116(h)(2) of Public Law 103-382 and 34 CFR 75.119, 
76.642, and 76.656 below.)

 7116.  Applications.

    ``(2) In designing the program for which application is made, 
the needs of children in nonprofit private elementary and secondary 
schools have been taken into account through consultation with 
appropriate private school officials and, consistent with the number 
of such children enrolled in such schools in the area to be served 
whose educational needs are of the type and whose language and grade 
levels are of a similar type to those which the program is intended 
to address, after consultation with appropriate private school 
officials, provision has been made for the participation of such 
children on a basis comparable to that provided for public school 
children.''

(Authority: 20 U.S.C. 7426(h)(2))

 75.119  Information needed if private schools participate.

    If a program requires the applicant to provide an opportunity 
for participation of students enrolled in private schools, the 
application must include the information required of subgrantees 
under 34 CFR 76.656. (Approved by the Office of Management and 
Budget under control number 1880-0513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

 76.652  Consultation with representatives of private school students.

    (a) An applicant for a subgrant shall consult with appropriate 
representatives of students enrolled in private schools during all 
phases of the development and design of the project covered by the 
application, including consideration of:
    (1) Which children will receive benefits under the project;
    (2) How the childen's needs will be identified;
    (3) What benefits will be provided;
    (4) How the benefits will be provided; and
    (5) How the project will be evaluated.
    (b) A subgrantee shall consult with appropriate representatives 
of students enrolled in private schools before the subgrantee makes 
any decision that affects the opportunities of those students to 
participate in the project.
    (c) The applicant or subgrantee shall give the appropriate 
representatives a genuine opportunity to express their views 
regarding each matter subject to the consultation requirements in 
this section.

(Authority: 20 U.S.C. 1121e-3(a)(1))

 76.656  Information in an application for a subgrant.

    An applicant for a subgrant shall include the following 
information in its application:
    (a) A description of how the applicant will meet the Federal 
requirements for participation of students enrolled in private 
schools.
    (b) The number of students enrolled in private schools who have 
been identified as eligible to benefit under the program.
    (c) The number of students enrolled in private schools who will 
receive benefits under the program.
    (d) The basis the applicant used to select the students.
    (e) The manner and extent to which the applicant complied with 
Sec. 76.652 (consultation).
    (f) The places and times that the students will receive benefits 
under the program.
    (g) The differences, if any, between the program benefits the 
applicant will provide to public and private school students, and 
the reasons for the differences.

(Authority: 20 U.S.C. 1221e-3(a)(1))

Section II

    Check the appropriate box below:

__ There are no eligible nonprofit private schools in the proposed 
service delivery area that wish to participate in the project.
__ One or more eligible nonprofit private schools in the proposed 
service delivery area wish to participate in the project and are 
listed on the enclosed student Data form.
__ There are no eligible nonprofit private schools in the proposed 
service delivery area.

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[FR Doc. 00-29925 Filed 11-21-00; 8:45 am]
BILLING CODE 4000-01-C