Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12341 

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: www.gpoaccess.gov/nara/ 

index.html. 

Dated: March 19, 2009. 

Dennis L. Berry, 

Acting Assistant Secretary for Vocational and 

Adult Education. 

[FR Doc. E9–6444 Filed 3–23–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Native Hawaiian Career and Technical 

Education Program (NHCTEP); Catalog 

of Federal Domestic Assistance 

(CFDA) Number: 84.259A 

AGENCY: Office of Vocational and Adult 

Education, Department of Education. 

ACTION: Notice of final requirements, 

definitions, and selection criteria. 

SUMMARY: The Assistant Secretary for 

Vocational and Adult Education 

establishes requirements, definitions, 

and selection criteria under the Native 

Hawaiian Career and Technical 

Education Program (NHCTEP). The 

Assistant Secretary may use these 

requirements, definitions, and selection 

criteria in competitions in fiscal year 

(FY) 2009 and later years. 

Effective Date: These requirements, 

definitions, and selection criteria are 

effective April 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Essey, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 11070, Potomac Center Plaza 

(PCP), Washington, DC 20202–7241. 

Telephone: (202) 245–7789 or by e-mail: 

nancy.essey@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Purpose of Program: The Native 

Hawaiian Career and Technical 

Education Program provides grants to 

eligible applicants to plan, conduct, and 

administer programs, or portions of 

programs, that are authorized by and 

consistent with the purposes of section 

116 of the Carl D. Perkins Career and 

Technical Education Act of 2006 (Act) 

for the benefit of Native Hawaiians. 

Program Authority: 20 U.S.C. 2326(a)– 

(h). 

We published a notice of proposed 

requirements, definitions, and selection 

criteria for this program in the Federal 

Register on January 23, 2009 (74 FR 

4155). That notice contained 

background information and our reasons 

for proposing the particular 

requirements, definitions, and selection 

criteria. We are not repeating that 

information in this notice. 

There are no differences between the 

proposed requirements, definitions, and 

selection criteria we published on 

January 23, 2009 and these final 

requirements, definitions, and selection 

criteria. 

Public Comment: In response to our 

invitation in the notice of proposed 

requirements, definitions, and selection 

criteria, we did not receive any 

comments on the proposed 

requirements, definitions, and selection 

criteria. 

Final Requirements: Consistent with 

the Act, the Assistant Secretary 

establishes the following requirements 

for this program. We may apply these 

requirements in any year in which this 

program is in effect. 

I. Authorized Programs, Services, and 

Activities 

(a) Authorized Programs. In 

accordance with section 116(e) of the 

Act, under this program, NHCTEP 

projects must— 

(1) Develop new programs, services, 

or activities or improve or expand 

existing programs, services, or activities 

that are consistent with the purposes of 

the Act. In other words, the Department 

will support ‘‘expansions’’ or 

‘‘improvements’’ that include, but are 

not necessarily limited to, the expansion 

of effective programs or practices; 

upgrading of activities, equipment, or 

materials; increasing staff capacity; 

adoption of new technology; 

modification of curriculum; or 

implementation of new policies to 

improve program effectiveness and 

outcomes; and 

(2) Fund a career and technical 

education program, service, or activity 

that— 

(i) Is a new program, service, or 

activity that was not provided by the 

applicant during the instructional term 

(a defined period, such as a semester, 

trimester, or quarter, within the 

academic year) that preceded the 

request for funding under NHCTEP; 

(ii) Will improve or expand an 

existing career and technical education 

program; or 

(iii) Inherently improves career and 

technical education. A program, service, 

or activity ‘‘inherently improves career 

and technical education’’ if it— 

(A) Develops new career and 

technical education programs of study 

for approval by the appropriate 

accreditation agency; 

(B) Strengthens the rigor of the 

academic and career and technical 

components of funded programs; 

(C) Uses curriculum that is aligned 

with industry-recognized standards and 

will result in students attaining 

industry-recognized credentials, 

certificates, or degrees; 

(D) Integrates academics (other than 

remedial courses) with career and 

technical education programs through a 

coherent sequence of courses to help 

ensure learning in the core academic 

and career and technical subjects; 

(E) Links career and technical 

education at the secondary level with 

career and technical education at the 

postsecondary level, and facilitates 

students’ pursuit of a baccalaureate 

degree; 

(F) Expands the scope, depth, and 

relevance of curriculum, especially 

content that provides students with a 

comprehensive understanding of all 

aspects of an industry and a variety of 

hands-on, job-specific experiences; or 

(G) Offers— 

(1) Work-related experience, 

internships, cooperative education, 

school-based enterprises, studies in 

entrepreneurship, community service 

learning, and job shadowing that are 

related to career and technical 

education programs; 

(2) Coaching/mentoring, support 

services, and extra help for students 

after school, on the weekends, or during 

the summer so they can meet higher 

standards; 

(3) Career guidance and academic 

counseling for students participating in 

career and technical education programs 

under NHCTEP; 

(4) Placement services for students 

who have successfully completed career 

and technical education programs and 

attained a technical skill proficiency 

that is aligned with industry-recognized 

standards; 

(5) Professional development 

programs for teachers, counselors, and 

administrators; 

(6) Strong partnerships among 

grantees and local educational agencies, 

postsecondary institutions, community 

leaders, adult education providers, and, 

as appropriate, other entities, such as 

employers, labor organizations, parents, 

and local partnerships, to enable 

students to achieve State academic 

standards and attain career and 

technical skills; 

(7) The use of student assessment and 

evaluation data to improve continually 

instruction and staff development; or 

(8) Research, development, 

demonstration, dissemination, 

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12342 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

evaluation and assessment, capacitybuilding, and technical assistance 

related to career and technical 

education programs. 

(b) Student stipends. 

(1) A portion of an award under this 

program may be used to provide 

stipends (as defined elsewhere in this 

notice under the heading Definitions) to 

help students meet the costs of 

participation in a NHCTEP project. 

(2) To be eligible for a stipend a 

student must— 

(i) Be enrolled in a career and 

technical education project funded 

under this program; 

(ii) Be in regular attendance in a 

NHCTEP project and meet the training 

institution’s attendance requirement; 

(iii) Maintain satisfactory progress in 

his or her program of study according to 

the training institution’s published 

standards for satisfactory progress; and 

(iv) Have an acute economic need 

that— 

(A) Prevents participation in a project 

funded under this program without a 

stipend; and 

(B) Cannot be met through a workstudy program. 

(3) The amount of a stipend is the 

greater of either the minimum hourly 

wage prescribed by State or local law, or 

the minimum hourly wage established 

under the Fair Labor Standards Act. 

(4) A grantee may award a stipend 

only if the stipend combined with other 

resources the student receives does not 

exceed the student’s financial need. A 

student’s financial need is the difference 

between the student’s cost of attendance 

and the financial aid or other resources 

available to defray the student’s cost of 

attending a NHCTEP project. 

(5) To calculate the amount of a 

student’s stipend, a grantee must 

multiply the number of hours a student 

actually attends career and technical 

education instruction by the amount of 

the minimum hourly wage that is 

prescribed by State or local law or by 

the minimum hourly wage that is 

established under the Fair Labor 

Standards Act. The grantee must reduce 

the amount of a stipend if necessary to 

ensure that it does not exceed the 

student’s financial need. 

Example: If a grantee uses the Fair Labor 

Standards Act minimum hourly wage of 

$7.25 and a student attends classes for 20 

hours a week, the student’s stipend would be 

$145 for the week during which the student 

attends classes ($7.25 × 20 = $145). If the 

program lasts 16 weeks and the student’s 

total financial need is $2,000, the grantee 

must reduce the weekly stipend to $125, 

because the total stipend for the course 

would otherwise exceed the student’s 

financial need by $320 (or $20 a week). 

Note: Grantees must maintain records that 

fully support their decisions to award 

stipends to students, as well as the amounts 

that are paid, such as proof of a student’s 

enrollment in the NHCTEP project, stipend 

applications, timesheets showing the number 

of hours of student attendance that are 

confirmed in writing by an instructor, 

student financial status information, and 

evidence that a student could not participate 

in the NHCTEP project without a stipend. 

(See generally 20 U.S.C. 1232f; 34 CFR 

75.700–75.702; 75.730; and 75.731.) 

(6) An eligible student may earn a 

stipend when taking a course for the 

first time, although a stipend may not be 

provided to a student for a particular 

course if the student has already taken, 

completed, and had the opportunity to 

benefit from the course and is merely 

repeating the course. 

(7) An applicant must include, in its 

application, the procedure it intends to 

use in determining student eligibility for 

stipends and stipend amounts, and its 

oversight procedures for the awarding 

and payment of stipends. 

(c) Direct Assistance to Students. A 

grantee may provide direct assistance 

(as defined elsewhere in this notice 

under the heading Definitions) to a 

student only if the following conditions 

are met: 

(1) The recipient of the direct 

assistance is an individual who is a 

member of a special population (as 

defined in section 3(29) of the Act) and 

who is participating in a NHCTEP 

project. 

(2) The direct assistance is needed to 

address barriers to the individual’s 

successful participation in a NHCTEP 

project. 

(3) The direct assistance is part of a 

broader, more generally focused 

program or activity for addressing the 

needs of an individual who is a member 

of a special population. 

Note: Direct assistance to individuals who 

are members of special populations is not, by 

itself, a ‘‘program or activity for special 

populations.’’ 

(4) The grant funds used for direct 

assistance must be expended to 

supplement, and not supplant, 

assistance that is otherwise available 

from non-Federal sources. For example, 

generally, a community-based 

organization could not use NHCTEP 

funds to provide child care for single 

parents if non-Federal funds previously 

were made available for this purpose, or 

if non-Federal funds are used to provide 

child care services for single parents 

participating in non-career and 

technical education programs and these 

services otherwise (in the absence of 

NHCTEP funds) would have been 

available to career and technical 

education students. 

(5) In determining how much of the 

NHCTEP grant funds it will use for 

direct assistance to an eligible student, 

a grantee— 

(i) May only provide assistance to the 

extent that it is needed to address 

barriers to the individual’s successful 

participation in career and technical 

education; and 

(ii) Considers whether the specific 

services to be provided are a reasonable 

and necessary cost of providing career 

and technical education programs for 

special populations. However, the 

Secretary does not envision a 

circumstance in which it would be a 

reasonable and necessary expenditure of 

NHCTEP project funds for a grantee to 

utilize a majority of a project’s budget to 

pay direct assistance to students, in lieu 

of providing the students served by the 

project with career and technical 

education. 

(d) Career and Technical Education 

Agreement. Any applicant that is not 

proposing to provide career and 

technical education directly to Native 

Hawaiian students and proposes instead 

to pay one or more qualified educational 

entities to provide such career and 

technical education to Native Hawaiian 

students must include with its 

application a written career and 

technical education agreement between 

the applicant and the educational entity. 

The written agreement must describe 

the commitment between the applicant 

and the educational entity and must 

include, at a minimum, a statement of 

the responsibilities of the applicant and 

the entity. The agreement must be 

signed by the appropriate individuals 

on behalf of each party, such as the 

authorizing official or administrative 

head of the applicant Native Hawaiian 

community-based organization. 

(e) Supplement-Not-Supplant. 

Grantees may not use funds under 

NHCTEP to replace otherwise available 

non-Federal funding for ‘‘direct 

assistance to students’’ (as defined 

elsewhere in this notice under the 

heading Definitions) and family 

assistance programs. For example, 

NHCTEP funds must not be used to 

supplant non-Federal funds to pay the 

costs of students’ tuition, dependent 

care, transportation, books, supplies, 

and other costs associated with 

participation in a career and technical 

education program. 

Further, funds under NHCTEP may 

not be used to replace Federal student 

financial aid. The Act does not 

authorize the Secretary to fund projects 

that serve primarily as entities through 

which students may apply for and 

receive tuition and other financial 

assistance. 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12343 

II. Evaluation Requirements 

To help ensure the high quality of 

NHCTEP projects and the achievement 

of the goals and purposes of section 

116(h) of the Act, each grantee must 

budget for and conduct an ongoing 

evaluation of the effectiveness of its 

project. An independent evaluator must 

conduct the evaluation. The evaluation 

must— 

(a) Be appropriate for the project and 

be both formative and summative in 

nature; and 

(b) Include— 

(1) Collection and reporting of the 

performance measures for NHCTEP that 

are identified in the Performance 

Measures section of this notice; and 

(2) Qualitative and quantitative data 

with respect to— 

(i) Academic and career and technical 

competencies demonstrated by the 

participants and the number and kinds 

of academic and work credentials 

acquired by individuals, including their 

participation in programs providing 

skill proficiency assessments, industry 

certifications, or training at the associate 

degree level that is articulated with an 

advanced degree option; 

(ii) Enrollment, completion, and 

placement of participants by gender, for 

each occupation for which training was 

provided; 

(iii) Job or work skill attainment or 

enhancement, including participation in 

apprenticeship and work-based learning 

programs, and student progress in 

achieving technical skill proficiencies 

necessary to obtain employment in the 

field for which the student has been 

prepared, including attainment or 

enhancement of technical skills in the 

industry the student is preparing to 

enter; 

(iv) Activities, during the formative 

stages of the project, to help guide and 

improve the project, as well as a 

summative evaluation that includes 

recommendations for disseminating 

information on project activities and 

results; 

(v) The number and percentage of 

students who obtained industryrecognized credentials, certificates, or 

degrees; 

(vi) The outcomes of students’ 

technical assessments, by type and 

scores, if available; 

(vii) The rates of attainment of a 

proficiency credential or certificate, in 

conjunction with a secondary school 

diploma; 

(viii) The effectiveness of the project, 

including a comparison between the 

intended and observed results and a 

demonstration of a clear link between 

the observed results and the specific 

treatment given to project participants; 

(ix) The extent to which information 

about or resulting from the project was 

disseminated at other sites, such as 

through the grantee’s development and 

use of guides or manuals that provide 

step-by-step directions for practitioners 

to follow when initiating similar efforts; 

and 

(x) The impact of the project, e.g., 

follow-up data on students’ 

employment, sustained employment, 

promotions, further and continuing 

education or training, or the impact the 

project had on Native Hawaiian 

economic development or career and 

technical education activities. 

III. Performance Measures 

The Assistant Secretary establishes 

the following core factors and measures 

for evaluating the overall effectiveness 

of the NHCTEP and projects supported 

under this program. 

(a) Number of Secondary, 

Postsecondary, and Adult Projects. The 

number of secondary, postsecondary, 

and adult programs that— 

(1) Apply industry-recognized skill 

standards so that students can earn skill 

certificates in those projects; and 

(2) Offer skill competencies, related 

assessments, and industry-recognized 

skill certificates in an area of study 

offered by secondary and postsecondary 

institutions. 

(b) Secondary Projects. The 

percentage of participating secondary 

career and technical education students 

who— 

(1) Meet or exceed State proficiency 

standards in reading/language arts and 

mathematics; 

(2) Attain a secondary school diploma 

or its State-recognized equivalent, or a 

proficiency credential in conjunction 

with a secondary school diploma; 

(3) Attain career and technical 

education skill proficiencies aligned 

with industry-recognized standards; and 

(4) Are placed in postsecondary 

education, advanced training, military 

service, or employment in high-skill, 

high-wage, and high-demand 

occupations or in current or emerging 

occupations. 

(c) Postsecondary Projects. The 

percentage of participating 

postsecondary students in career and 

technical education programs who— 

(1) Receive postsecondary degrees, 

certificates, or credentials; 

(2) Attain career and technical 

education skill proficiencies aligned 

with industry-recognized standards; 

(3) Receive industry-recognized 

credentials, certificates, or degrees; 

(4) Are retained in postsecondary 

education or transfer to a baccalaureate 

degree program; and 

(5) Are placed in military service or 

apprenticeship programs, or are placed 

in employment, receive an employment 

promotion, or retain employment. 

(d) Adult Projects. The percentage of 

participating adult career and technical 

education students who— 

(1) Enroll in a postsecondary 

education or training program; 

(2) Attain career and technical 

education skill proficiencies aligned 

with industry-recognized standards; 

(3) Receive industry-recognized 

credentials, certificates, or degrees; and 

(4) Are placed in employment, receive 

an employment promotion, or retain 

employment. 

Note: All grantees must submit an annual 

performance report addressing these 

performance measures, to the extent feasible 

and to the extent that they apply to each 

grantee’s NHCTEP project. 

Final Definitions 

The Assistant Secretary establishes 

the following definitions for NHCTEP 

program terms not defined in the Act. 

We may apply these definitions in any 

year in which this program is in effect. 

Acute economic need means an 

income that is at or below the national 

poverty level according to the latest 

available data from the U.S. Department 

of Commerce or the U.S. Department of 

Health and Human Services Poverty 

Guidelines. 

Coherent sequence of courses means a 

series of courses in which career and 

academic education is integrated, and 

that directly relates to, and leads to, 

both academic and occupational 

competencies. The term includes 

competency-based education and 

academic education, and adult training 

or retraining, including sequential units 

encompassed within a single adult 

retraining course that otherwise meets 

the requirements of this definition. 

Direct assistance to students means 

tuition, dependent care, transportation, 

books, and supplies that are necessary 

for a student to participate in a project 

funded under this program. 

Stipend means a subsistence 

allowance— 

(a) For a student who is enrolled in a 

career and technical education program 

funded under the NHCTEP; 

(b) For a student who has an acute 

economic need that cannot be met 

through work-study programs; and 

(c) That is necessary for the student to 

participate in a project funded under 

this program. 

Final Selection Criteria 

The Assistant Secretary establishes 

the following selection criteria for 

evaluating an application under this 

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12344 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

program. We may apply one or more of 

these criteria in any year in which this 

program is in effect. In the notice 

inviting applications or the application 

package, or both, we will announce the 

maximum possible points assigned to 

each criterion. 

(a) Quality of the Project Design. In 

determining the quality of the design of 

the proposed project, we consider the 

following factors: 

(1) 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 (as evidenced by such 

data as local labor market demand, 

occupational trends, and surveys). 

(2) The extent to which goals, 

objectives, and outcomes are clearly 

specified and measurable. (For example, 

we look for clear descriptions of 

proposed student career and technical 

education activities; recruitment and 

retention strategies; expected student 

enrollments, completions, and 

placements in jobs, military specialties, 

and continuing education/training 

opportunities; the number of teachers, 

counselors, and administrators to be 

trained; and identification of 

requirements for each program of study 

to be provided under the project, 

including related training areas and a 

description of performance outcomes.) 

(3) The extent to which the proposed 

project will establish linkages with 

other appropriate agencies (e.g., 

community, State, and other Federal 

resources) and organizations providing 

services to the target population in order 

to improve services to students and 

strengthen outcomes for the proposed 

project. 

(4) The extent to which the services 

to be provided by the proposed project 

will create and offer activities that focus 

on enabling participants to obtain the 

skills necessary to gain employment in 

high-skill, high-wage, and high-demand 

occupations in emerging fields or in a 

specific career field. 

(5) The extent to which the services 

to be provided by the proposed project 

will create opportunities for students to 

acquire skills identified by the State at 

the secondary level or by industryrecognized career and technical 

education programs for licensure, 

degree, certification, or as required by a 

career or profession. 

(6) The extent to which the proposed 

project will provide opportunities for 

high-quality training or professional 

development services that— 

(i) Are of sufficient quality, intensity, 

and duration to lead to improvements in 

practice among instructional personnel; 

(ii) Will improve and increase 

instructional personnel’s knowledge 

and skills to help students meet 

challenging and rigorous academic and 

career and technical skill proficiencies; 

(iii) Will advance instructional 

personnel’s understanding of effective 

instructional strategies that are 

supported by scientifically based 

research; and 

(iv) Include professional development 

plans that clearly address ways in 

which learning gaps will be addressed 

and how continuous review of 

performance will be conducted to 

identify training needs. 

(b) Quality of the Management Plan. 

In determining the quality of the 

management plan for the proposed 

project, we consider the following 

factors: 

(1) 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 the 

milestones and performance standards 

for accomplishing project tasks. 

(2) The extent to which the time 

commitments of the project director and 

other key project personnel, including 

instructors, are appropriate and 

adequate to meet the objectives of the 

proposed project. 

(3) The adequacy of procedures for 

ensuring feedback and continuous 

improvement in the operation of the 

proposed project. 

(c) Quality of Data Collection Plan. In 

determining the quality of the data 

collection plan, we consider the 

following factors: 

(1) The adequacy of procedures and 

methods for collecting data. 

(2) The adequacy of the data 

collection plan in allowing comparison 

with other similar secondary, 

postsecondary, and adult career and 

technical education programs. 

(d) Quality of Project Personnel. In 

determining the quality of project 

personnel, we consider the following 

factors: 

(1) 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. 

(2) The qualifications, including 

relevant training, expertise, and 

experience, of the project director. 

(3) The qualifications, including 

relevant training, expertise, and 

experience, of key project personnel, 

especially the extent to which the 

project will use instructors who are 

certified to teach in the field in which 

they will provide instruction. 

(4) The qualifications, including 

training, expertise, and experience, of 

project consultants. 

(e) Adequacy of Resources. In 

determining the adequacy of resources 

for the proposed project, we consider 

the following factors: 

(1) The adequacy of support, 

including facilities, equipment, 

supplies, and other resources, from the 

applicant organization(s) and the 

entities to be served, including the 

evidence and relevance of commitments 

(e.g., articulation agreements, 

memoranda of understanding, letters of 

support, or commitments to employ 

project participants) of the applicant, 

local employers, or entities to be served 

by the project. 

(2) The extent to which the budget is 

adequate and costs are reasonable in 

relation to the objectives and design of 

the proposed project. 

(3) The potential for continued 

support of the project after Federal 

funding ends. 

(f) Quality of the Project Evaluation. 

In determining the quality of the 

evaluation, we consider the following 

factors: 

(1) The extent to which the methods 

of evaluation proposed by the grantee 

are thorough, feasible, and appropriate 

to the goals, objectives, and outcomes of 

the proposed project. 

(2) The extent to which the methods 

of evaluation include the use of 

objective performance measures that are 

clearly related to the intended outcomes 

of the project and the performance 

measures discussed elsewhere in this 

notice and will produce quantitative 

and qualitative data, to the extent 

possible. 

(3) The extent to which the methods 

of evaluation will provide performance 

feedback and continuous improvement 

toward achieving intended outcomes. 

(4) The quality of the proposed 

evaluation to be conducted by an 

external evaluator with the necessary 

background and technical expertise to 

carry out the evaluation. 

This notice does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria for future competitions, subject 

to meeting applicable rulemaking 

requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use these requirements, definitions, and 

selection criteria, we invite applications 

through a notice in the Federal Register. 

Executive Order 12866: This notice 

has been reviewed in accordance with 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12345 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this final 

regulatory action. 

The potential costs associated with 

this final regulatory action 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 final regulatory 

action, we have determined that the 

benefits of the final requirements, 

definitions, and selection criteria justify 

the costs. 

We have determined, also, that this 

final regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

We fully discussed the costs and 

benefits of this regulatory action in the 

notice of proposed requirements, 

definitions and selection criteria. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to this Document: 

You can 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 19, 2009. 

Dennis L. Berry, 

Acting Assistant Secretary for Vocational and 

Adult Education. 

[FR Doc. E9–6441 Filed 3–23–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Privacy Act of 1974; System of 

Records—Evaluation of Moving HighPerforming Teachers to LowPerforming Schools 

AGENCY: Institute of Education Sciences, 

Department of Education. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended 

(Privacy Act), the Department of 

Education (Department) publishes this 

notice of a new system of records 

entitled ‘‘Evaluation of Moving HighPerforming Teachers to Low-Performing 

Schools’’ (18–13–21). The National 

Center for Education Evaluation and 

Regional Assistance at the Department’s 

Institute of Education Sciences (IES) 

commissioned this evaluation. It will be 

conducted under a contract that IES 

awarded in September 2007. 

The central research question that the 

study will address is: What impacts on 

student achievement do highperforming teachers have when they are 

placed in low-performing schools? 

The system will contain elementary 

and middle school student records and 

teacher information for approximately 

10 school districts. 

The evaluation will target 10 school 

districts where linked student-teacher 

school records, including test score 

data, are available for the last four years 

for all enrolled students. The system of 

records will include elementary and 

middle school student test score 

records, student demographic data, and 

their teachers’ demographic data and 

teaching experience. Across the 10 

school districts, data will be collected 

on approximately 200 teachers and 3680 

students in their classrooms. 

The system of records will include 

personally identifying information 

about the students in the participating 

teacher classrooms, including 

demographic information such as race, 

ethnicity, gender, age, and educational 

background; and scores on State reading 

and mathematics achievement tests. The 

system of records will also include 

personally identifying information 

about teachers participating in the 

evaluation, including demographic 

information such as race, ethnicity, 

gender, and educational background; 

and teaching experience. 

DATES: The Department seeks comment 

on the new system of records described 

in this notice, in accordance with the 

requirements of the Privacy Act. We 

must receive your comments on the 

proposed routine uses for the system of 

records referenced in this notice on or 

before April 23, 2009. 

The Department filed a report 

describing the new system of records 

covered by this notice with the Chair of 

the Senate Committee on Homeland 

Security and Governmental Affairs, the 

Chair of the House Committee on 

Oversight and Government Reform, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB) on March 19, 2009. This system 

of records will become effective at the 

later date of—(1) the expiration of the 

40-day period for OMB review on April 

28, 2009 or (2) April 23, 2009, unless 

the system of records needs to be 

changed as a result of public comment 

or OMB review. 

ADDRESSES: Address all comments about 

the proposed routine uses to Dr. Audrey 

Pendleton, Acting Associate 

Commissioner, Evaluation Division, 

National Center for Education 

Evaluation and Regional Assistance, 

Institute of Education Sciences, U.S. 

Department of Education, 555 New 

Jersey Avenue, NW., Room 502D, 

Washington, DC 20208–0001. 

Telephone: (202) 208–7078. If you 

prefer to send comments through the 

Internet, use the following address: 

comments@ed.gov. 

You must include the term 

‘‘Evaluation of Moving High-Performing 

Teachers to Low-Performing Schools’’ in 

the subject line of the electronic 

message. 

During and after the comment period, 

you may inspect all comments about 

this notice at the U.S. Department of 

Education in Room 502D, 555 New 

Jersey Avenue, NW., Washington, DC, 

between the hours of 8 a.m. and 4:30 

p.m., Eastern time, Monday through 

Friday of each week except Federal 

holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record: 

On request, we supply an appropriate 

aid, such as a reader or print magnifier, 

to an individual with a disability who 

needs assistance to review the 

comments or other documents in the 

public rulemaking record for this notice. 

If you want to schedule an appointment 

for this type of aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Audrey Pendleton. Telephone: (202) 

208–7078. 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 

mstockstill on PROD1PC66 with NOTICES