[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Pages 40343-40345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20123]


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DEPARTMENT OF EDUCATION


Office of Bilingual Education and Minority Languages Affairs

AGENCY: Department of Education.

ACTION: Notice of Limitations and Procedures for Submission and 
Evaluation of Amended Applications for

[[Page 40344]]

Bilingual Education: Comprehensive School Grants

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SUMMARY: The Secretary announces limitations and procedures for 
submission and evaluation of amended applications for new grants under 
the Comprehensive School Grants program, which is administered by the 
Office of Bilingual Education and Minority Languages Affairs (OBEMLA). 
The limitations and procedures for evaluation and submission apply only 
in fiscal year (FY) 1998. The Secretary takes this action to allow 
eligible applicants from California that participated in the 
Comprehensive School Grants program competition announced in the 
Federal Register on October 16, 1997 (62 FR 53880-53905) to submit 
amended applications that take into account the new requirements for 
serving students with limited English proficiency (LEP) established in 
that State by Proposition 227, ``English Language Education for 
Children in Public Schools.'' Proposition 227 was passed by 
California's voters on June 2, 1998. No other applications or 
amendments will be accepted.

EFFECTIVE DATE: This notice takes effect July 28, 1998.

FOR FURTHER INFORMATION CONTACT: Harpreet Sandhu or Diane DeMaio, U.S. 
Department of Education, 600 Independence Avenue, SW., room 5607, 
Switzer Building, Washington, DC 20202-6510. Telephone: Harpreet Sandhu 
(202) 205-9808, Diane DeMaio (202) 205-5716. 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 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to one of the contact persons listed in the 
preceding paragraph.

SUPPLEMENTARY INFORMATION: The Comprehensive School Grants program is 
authorized in section 7114 of Title VII of the Elementary and Secondary 
Education Act of 1965 (ESEA), as amended (20 U.S.C. 7424). This program 
provides grants to local educational agencies (LEAs) or one or more 
LEAs in collaboration with an institution of higher education, 
community-based organizations, other LEAS, or a State educational 
agency. Funds under this program are to be used to implement schoolwide 
bilingual education programs or schoolwide special alternative 
instruction programs for reforming, restructuring, and upgrading all 
relevant programs and operations, within an individual school, that 
serve all or virtually all LEP children and youth in one or more 
schools with significant concentrations of those children and youth.
    On October 16, 1997, the Department announced in the Federal 
Register the FY 1998 competition for the Comprehensive School Grants 
program. The deadline for transmittal of applications was January 26, 
1998 (62 FR 53880). In response to that invitation 386 eligible 
applications, 108 of which were from California, were submitted to the 
Department. These applications have all been evaluated, on the basis of 
the selection criteria set out in the October 16, 1997 notice, by 
panels of expert reviewers and placed in a rank order. Based on that 
rank ordering, the amount of available funds, and other relevant 
factors, the Department has determined that approximately 45 
applications are eligible to receive new awards under the Comprehensive 
School Grants program. A number of applications from California were 
within the funding range of this rank order.
    On June 2, 1998, prior to the Department making any new awards 
under this year's Comprehensive School Grants program competition, the 
voters of California approved Proposition 227, which imposes 
significant new requirements and limitations on how LEAs in that State 
can educate LEP students. Proposition 227 will take effect at the start 
of the coming school year. As a result, many of the California LEAs 
that submitted applications for new awards in this year's Comprehensive 
School Grants program competition may not be able to carry out the 
projects described in their application. The California LEAs that 
submitted applications in this year's Comprehensive School Grants 
program competition acted in good faith in relying on the State laws on 
serving LEP students that were in effect on the date applications were 
due, January 26, 1998. The Secretary has concluded that it would be 
unfair to the eligible applicants from California that participated in 
this year's Comprehensive School Grants program competition, and 
contrary to the needs of children who would be served by those 
projects, to deny them an opportunity to compete for funding because of 
the changes in that State's law brought about by the passage of 
Proposition 227.
    Given these unique and unprecedented circumstances, the Secretary 
has decided to allow all eligible applicants from California in this 
year's Comprehensive School Grant competition an opportunity to submit 
amended versions of their original applications to make them consistent 
with Proposition 227. The Secretary has concluded that it is necessary 
to offer this opportunity because applicants that cannot carry out 
their proposed projects due to Proposition 227 will need to amend their 
applications in order to be eligible for a Comprehensive School Grant 
award.
    The procedures established in this notice will operate in the 
following way. First, these procedures will not adversely affect 
applicants from outside California that finished in the funding range 
in this year's competition. These applicants will receive grant awards 
under the Comprehensive School program without regard to the procedures 
announced in this Notice. Second, eligible applicants from California 
that cannot carry out their proposed projects consistent with 
Proposition 227 will be allowed to submit, by not later than August 18, 
1998, amended applications. These amended applications will be 
evaluated by panels of experts using the selection criteria set out in 
the October 16, 1997 Federal Register notice (62 FR 53880-53905). The 
absolute and competitive priorities set out in that notice will also 
apply. Third, eligible applicants from California that have concluded 
that their applications are consistent with Proposition 227 will inform 
the Department of that conclusion, and its basis, by August 18, 1998. 
Finally, based on the scores provided for the amended applications from 
California and the previous scores of all other applications, a new 
rank order for the Comprehensive School Grant competition will be 
created. This new rank order will include all applications from 
California and all the applications from outside of California that did 
not finish in the funding range in the initial rank order. (As noted 
earlier, applicants from outside of California that finished in the 
funding range in the initial rank order will receive Comprehensive 
School grant awards). Those applicants that rank high enough in the new 
rank order will receive Comprehensive School grant awards. Under this 
process, it is possible that applicants from California that would have 
finished in the funding range in the initial rank order may not, 
because of the score received by their amended proposal, finish in the 
funding range in the new rank order. Conversely, other applicants that 
would not have finished in the funding range in the initial rank order 
may finish in the funding range in the new rank order.

[[Page 40345]]

    The Secretary has concluded that this process appropriately 
addresses and balances the needs of all the applicants that 
participated in this year's competition, the unique circumstances 
brought about by the passage of Proposition 227 after the due date for 
applications had passed, and the public interest in selecting quality 
projects that address the educational needs of LEP students.
    The opportunity to submit amended applications is limited to 
eligible California LEAs that responded to the October 16, 1997 Federal 
Register notice. LEAs from other States that submitted applications in 
response to that notice are not affected by Proposition 227 and, as a 
consequence, do not need to amend their applications. LEAs from 
California or other States that did not submit Comprehensive School 
Grant applications in response to the October 16, 1997 Federal Register 
notice are also excluded because their status in a competition in which 
they did not elect to participate was not affected by the passage of 
Proposition 227.

Deadline and Procedures for Submission and Evaluation of Amended 
Applications

    The Secretary, in order to ensure timely receipt and processing, 
establishes the following deadline and procedures for submission and 
evaluation of amended applications from California LEAs that responded 
to the October 16, 1997 Federal Register notice.
    Amended applications: In order to be considered for funding under 
this program, amended applications must be received by the Secretary on 
or before August 18, 1998. For purposes of amended applications 
submitted pursuant to this notice, the Secretary will not apply 34 CFR 
75.102(b), which requires an application to be mailed, rather than 
received, by the deadline date.
    If an eligible applicant wants to submit an amended application, 
the applicant shall:
    (1) Mail the original and two copies of the amended application to: 
U.S. Department of Education, Office of Bilingual Education and 
Minority Languages Affairs, (Attention West Regional Cluster), 600 
Independence Avenue, SW, Switzer Building, room 5607, Washington, DC. 
20202-6510; or
    (2) Hand-deliver the original and two copies of the amended 
application by 4:30 p.m. on or before the deadline date to: U.S. 
Department of Education, Office of Bilingual Education and Minority 
Languages Affairs, (Attention West Regional Cluster), Switzer Building, 
room 5607, 330 C Street, SW., Washington DC.
    Non-amended applications: If an eligible applicant concludes that 
no changes are needed to its application due to Proposition 227, the 
applicant must inform the Secretary, in writing, of that conclusion, 
and the basis for reaching it, by August 18, 1998. Mail this statement 
to: U.S. Department of Education, Office of Bilingual Education and 
Minority Languages Affairs, (Attention: West Regional Cluster), 600 
Independence Avenue, SW, Switzer Building, room 5607, Washington, DC. 
20202-6510.
    Amended applications will be reviewed in accordance with the 
selection criteria and priorities announced in the October 16, 1997 
notice for the Comprehensive School Grants program (62 FR 53880-53905). 
The scores for the amended applications will then be combined with the 
scores of the other unfunded applications to create a new rank order.

Waiver of Intergovernmental Review for Federal Programs for Amended 
Applications

    The Secretary waives the requirements of Executive Order 12372 
(Intergovernmental Review of Federal Programs) for amended applications 
submitted in response to this notice.

State Educational Agency Comment

    The Department, prior to making an award to any applicant from 
California, including both the amended proposals and the non-amended 
proposals, will obtain verification from the California Department of 
Education that the applicant's proposal is consistent with Proposition 
227.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act (5 U.S.C. 553), 
it is the practice of the Department to offer interested parties an 
opportunity to comment on proposed rules or priorities that are not 
taken directly from a statute. Ordinarily, this practice would have 
applied to the limitations and procedures in this notice. The 
Administrative Procedure Act, however, exempts rules from this 
requirement in those cases where providing an opportunity for public 
comment is ``impracticable * * * or contrary to the public interest'' 
(5 U.S.C. 553(b)(B)). In this instance, the Secretary finds that it 
would be both impracticable and contrary to the public interest to 
provide an opportunity for public comment. Because FY 1998 awards under 
the Comprehensive School Grants program can be made no later than 
September 30, 1998, the Secretary has determined that there is not 
sufficient time to allow interested parties to comment on this notice. 
The Department, for the foregoing reasons, also waives the 30 day 
delayed effective date pursuant to 5 U.S.C. 553(d).

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

    To use 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 a document is the document 
published in the Federal Register.

(Catalog of Federal Domestic Assistance Number, 84.290U, Bilingual 
Education: Comprehensive School Grants)

    Program authority: 20 U.S.C. 7424.

    Dated: July 22, 1998.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.
[FR Doc. 98-20123 Filed 7-27-98; 8:45 am]
BILLING CODE 4000-01-P