[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Notices]
[Pages 18208-18213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9147]


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DEPARTMENT OF EDUCATION


Office of English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students; Overview 
Information; Foreign Language Assistance Program--Local Educational 
Agencies

    Notice inviting applications for new awards for fiscal year (FY) 
2009.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.293B.

DATES:
    Applications Available: April 21, 2009.
    Deadline for Notice of Intent to Apply: May 11, 2009.
    Deadline for Transmittal of Applications: May 27, 2009.
    Deadline for Intergovernmental Review: July 27, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Foreign Language Assistance Program (FLAP) 
provides grants to local educational agencies (LEAs) for innovative 
model programs providing for the establishment, improvement, or 
expansion of foreign language study for elementary and secondary school 
students. An LEA that receives a grant under this program must use the 
funds to support programs that show promise of being continued beyond 
the grant period and demonstrate approaches that can be disseminated to 
and duplicated in other LEAs. Projects supported under this program may 
also include a professional development component.
    Priorities: This notice involves six competitive preference 
priorities and two invitational priorities. Competitive Preference 
Priority <greek-i>1 is from the notice of final priority for this 
program published in the Federal Register on May 19, 2006 (71 FR 
29228). In accordance with 34 CFR 75.105(b)(2)(iv), Competitive 
Preference Priorities <greek-i>2 through <greek-i>6 are from section 
5493 of the Foreign Language Assistance Act of 2001 (20 U.S.C. 7259b).
    Competitive Preference Priority #1. For FY 2009 and any subsequent 
year in which we make awards from the list of unfunded applicants from 
this competition, this priority is a competitive preference priority. 
Under 34 CFR 75.105(c)(2)(i) we award up to an additional 10 points to 
an application, depending on how well the application meets this 
priority.
    This priority is:
    Competitive Preference Priority <greek-i>1--Critical Need Languages
    This priority supports projects that establish, improve, or expand 
foreign language learning, primarily during the traditional school day, 
within grade kindergarten through grade 12, and that exclusively teach 
one or more of the following less commonly taught languages: Arabic, 
Chinese, Korean, Japanese, Russian, and languages in the Indic, 
Iranian, and Turkic language families.
    Competitive Preference Priorities #2 through #6: For FY 2009 and 
any subsequent year in which we make awards from the list of unfunded 
applicants from this competition, these priorities are competitive 
preference priorities. Under 34 CFR 75.105(c)(2)(ii) we give preference 
to an application that meets one or more of these priorities.

    Note: There is no advantage to addressing all of Competitive 
Preference Priorities <greek-i>2 through <greek-i>6. Creating a 
program around all five priorities may result in an unfocused 
program design. We give preference to applications describing 
programs that meet any one of these priorities.

    These priorities are:
    Competitive Preference Priority #2. Projects that include intensive 
summer foreign language programs for professional development.
    Competitive Preference Priority #3. Projects that link non-native 
English speakers in the community with the schools in order to promote 
two-way language learning.
    Competitive Preference Priority #4. Projects that promote the 
sequential study of a foreign language for students, beginning in 
elementary schools.
    Competitive Preference Priority #5. Projects that make effective 
use of technology, such as computer-assisted instruction, language 
laboratories, or distance learning, to promote foreign language study.
    Competitive Preference Priority #6. Projects that promote 
innovative activities, such as foreign language immersion, partial 
foreign language immersion, or content-based instruction.
    Invitational Priorities: Within Competitive Preference Priorities 
<greek-i>1 through <greek-i>6, we are particularly interested in 
applications that address the following priorities. For FY 2009 and any 
subsequent year in which we make awards from the list of unfunded 
applicants from this competition, these priorities are invitational 
priorities. Under 34 CFR 75.105(c)(1) we do not give an application 
that meets one or more of these invitational priorities a competitive 
or absolute preference over other applications.
    These priorities are:
    Invitational Priority #1.
    Applicants that propose to develop high levels of student foreign 
language proficiency through increased instructional time in the 
foreign language, research-based instructional practices, and 
opportunities that enhance classroom instruction such as community-
based activities and study-abroad experiences.
    Invitational Priority #2. Applicants that propose to collaborate 
with an institution of higher education to provide professional 
development for foreign language teachers, which may include teacher 
``action research'' projects, coursework designed to assist teachers in 
meeting certification or licensure requirements, or long-term 
professional development to improve teacher instruction and assessment 
strategies.
    Program Authority: 20 U.S.C. 7259a-7259b.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 85, 97, 98 and 99. (b) The notice of final priority, published 
in the Federal Register on May 19, 2006 (71 FR 29228).

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $8,602,733.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2010 from the list of 
unfunded applicants from this competition.
    Estimated Range of Awards: $100,000--$300,000.
    Estimated Average Size of Awards: $200,000.
    Maximum Award: We will reject any application that proposes a 
budget exceeding $300,000 for a single budget period of 12 months. The 
Assistant Deputy Secretary and Director for the Office of English 
Language Acquisition, Language Enhancement, and Academic Achievement 
for Limited English Proficient Students (OELA) may change

[[Page 18209]]

the maximum amount through a notice published in the Federal Register.
    Estimated Number of Awards: 43.

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

    Project Period: 36 months. Applications that request funding for a 
project period of other than 36 months will be deemed ineligible and 
will not be read.

III. Eligibility Information

    1. Eligible Applicants: LEAs, including charter schools that are 
considered LEAs under State law.
    2. Cost Sharing or Matching: Section 5492(c)(1) of the Foreign 
Language Assistance Act of 2001 (20 U.S.C. 7259a(c)(1)) requires that 
the Federal share of a project funded under this program for each 
fiscal year be 50 percent. For example, an LEA requesting $100,000 in 
Federal funding for its foreign language program each fiscal year must 
match that amount with $100,000 of non-Federal funding for each year. 
34 CFR 80.24 of EDGAR addresses Federal cost-sharing requirements.
    If an LEA does not have adequate resources to pay the non-Federal 
share of the cost, a waiver may be requested. An LEA may request a 
waiver of part, or all, of the matching requirement. The waiver request 
should be submitted by letter to the Secretary of Education and 
included in the application. An authorized representative of the LEA, 
such as the superintendent of schools, should sign the letter.
    The request for waiver should--
    <bullet> Provide an explanation, supported with appropriate 
documentation, of the basis for the LEA's position that it does not 
have adequate resources to pay the non-Federal share of the cost of the 
project.
    <bullet> Specify the amount, if any, of the non-Federal share that 
the LEA can pay.
    We recommend that LEAs that are unable to provide the required 
level of non-Federal support for their project provide as much non-
Federal support as possible. Further information on submitting a waiver 
request is included in the application package.

IV. Application and Submission Information

    1. Address to Request Application Package: Patrice Swann, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 5C146, 
Washington, DC 20202-6510.
    Telephone: (202) 401-1463 or by e-mail: <a href="/cdn-cgi/l/email-protection#d3a3b2a7a1bab0b6fda0a4b2bdbd93b6b7fdb4bca5"><span class="__cf_email__" data-cfemail="4c3c2d383e252f29623f3b2d22220c2928622b233a">[email protected]</span></a>.

    Note:  Please include ``84.293B FLAP LEA Application Request'' 
in the subject heading of your e-mail.

    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the program contact person listed 
in this section.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this competition.
    Notice of Intent to Apply: If you intend to apply for a grant under 
this competition, contact Patrice Swann by e-mail: 
<a href="/cdn-cgi/l/email-protection#5828392c2a313b3d762b2f393636183d3c763f372e"><span class="__cf_email__" data-cfemail="83f3e2f7f1eae0e6adf0f4e2ededc3e6e7ade4ecf5">[email protected]</span></a>.

    Note:  Please include ``84.293B FLAP LEA Intent to Apply'' in 
the subject heading of your e-mail. The e-mail should specify: (1) 
The LEA name, (2) city, (3) State, and (4) language(s) of 
instruction. We will consider an application submitted by the 
deadline date for transmittal of applications, even if the applicant 
did not provide us notice of its intent to apply.

    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. You must limit the 
application narrative to the equivalent of no more than 35 pages using 
the following standards:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    <bullet> 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.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; or the two-page abstract. 
However, the page limit does apply to all of the application narrative 
section in Part III.
    We will reject your application if you exceed the page limit; or if 
you apply other standards and exceed the equivalent of the page limit.
    3. Submission Dates and Times:
    Applications Available: April 21, 2009.
    Deadline for Notice of Intent to Apply: May 11, 2009.
    Deadline for Transmittal of Applications: May 27, 2009.
    Applications for grants under this program must be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site. For 
information (including dates and times) about how to submit your 
application electronically, or by mail or hand delivery if you qualify 
for an exception to the electronic submission requirement, please refer 
to section IV.6. Other Submission Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: July 27, 2009.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section in this notice.
    6. Other Submission Requirements:
    Applications for grants under this program must be submitted 
electronically unless you qualify for an exception to this requirement 
in accordance with the instructions in this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Foreign Language Assistance 
Program--Local Educational Agencies, CFDA number 84.293B, must be 
submitted electronically using e-Application, accessible through the 
Department's e-Grants Web site at: http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format 
unless, as

[[Page 18210]]

described elsewhere in this section, you qualify for one of the 
exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
    <bullet> You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
program after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
    <bullet> The hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. 
on Thursdays, Washington, DC time. Any modifications to these hours are 
posted on the e-Grants Web site.
    <bullet> You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
    <bullet> You must submit all documents electronically, including 
all information you typically provide on the following forms: the 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications. You must attach any narrative sections of your 
application as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format. If you upload a file type other than the 
three file types specified in this paragraph or submit a password 
protected file, we will not review that material.
    <bullet> Your electronic application must comply with any page 
limit requirements described in this notice.
    <bullet> Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
    <bullet> After you electronically submit your application, you will 
receive an automatic acknowledgment that will include a PR/Award number 
(an identifying number unique to your application).
    <bullet> Within three working days after submitting your electronic 
application, fax a signed copy of the SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at 
(202) 245-6272.
    <bullet> We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you to transmit your application electronically, by mail, or by 
hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2)(a) E-Application is unavailable for 60 minutes or more between 
the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the 
application deadline date; or
    (b) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application 
deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due 
to technical problems with the system and, therefore, the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application. Extensions referred to in this 
section apply only to the unavailability of e-Application.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through e-Application because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload large documents to 
e-Application; and
    <bullet> No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Rebecca Richey, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 5C144, 
Washington, DC 20202-6510. FAX: (202) 260-5496.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.293B), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (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.

[[Page 18211]]

    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
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.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note:  The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, you should check with 
your local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application, by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.293B), 550 12th Street, SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 11 of the SF 424 the CFDA number, including suffix 
letter, if any, of the competition under which you are submitting your 
application; and
    (2) The Application Control Center will mail to you a notification 
of receipt of your grant application. If you do not receive this grant 
notification within 15 business days from the application deadline 
date, you should call the U.S. Department of Education Application 
Control Center at (202) 245-6288.

V. Application Review Information

    Selection Criteria: The selection criteria for this program are 
from 34 CFR 75.210 of EDGAR and are listed in the following paragraphs. 
The Notes we have included after each criterion are guidance to assist 
applicants in understanding each criterion as they prepare their 
applications and are not required (except that Note I under paragraph 
(b) and the note under paragraph (d) are required) by statute or 
regulation. The maximum score for all of these criteria is 100 points. 
The maximum score for each criterion is indicated in parentheses.
    (a) Need for project. (5 points)
    The Secretary considers the need for the proposed project. In 
determining the need for the proposed project, the Secretary considers 
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.

Notes for (a) Need for project

    Note I:  In addressing this criterion, applicants may also want 
to describe how the proposed project will address gaps or weaknesses 
in foreign language instruction by conducting activities, such as 
increasing enrollment in foreign languages during the course of the 
grant by adding languages, adding grades or course levels, 
recruiting students, and expanding to additional schools.


    Note II:  In addressing this criterion, applicants may also want 
to describe how the proposed project will improve instruction; for 
example, by hiring highly qualified teachers, improving teacher 
skills through professional development, expanding the curriculum, 
and increasing the minutes of instruction per day or week.

    (b) Quality of the project design. (60 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:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (2) 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.
    (3) The extent to which the design of the proposed project reflects 
up-to-date knowledge from research and effective practice.
    (4) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population.
    (5) The extent to which the design of the proposed project includes 
a thorough, high-quality review of the relevant literature, a high-
quality plan for project implementation, and the use of appropriate 
methodological tools to ensure successful achievement of project 
objectives.

Notes for (b) Quality of the project design

    Note I:  Please note that Title V, Part D, Subpart 9, section 
5492 of the Elementary and Secondary Education Act of 1965, as 
amended, requires the establishment, improvement or expansion of 
foreign language study for elementary and secondary students; 
supports programs that show the promise of being continued beyond 
the grant period; and supports programs that demonstrate approaches 
that can be disseminated and duplicated in other LEAs. Projects 
supported under this program may also include a professional 
development component.


    Note II:  In addressing this criterion, applicants may want to 
describe how performance objectives are ambitious, but realistic; 
raise expectations for student achievement; provide ways for 
students to demonstrate progress each year of the grant; and are 
achievable using the target languages, planned model of instruction 
and contact hours in the targeted languages.


    Note III:  In addressing this criterion, the applicant may want 
to describe how program objectives are aligned with the Government 
Performance and Results Act (GPRA) measures for this program.


    Note IV: In addressing this criterion, applicants may want to 
consider describing how the project is aligned with standards for 
foreign language learning and performance guidelines for K-12 
learners.


    Note V: In addressing this criterion, applicants may want to 
describe planned assessments to be selected or developed, how they 
are standards-based and performance-based, and how they are 
appropriate for measuring student language proficiency in the 
planned model of instruction and targeted languages.


    Note VI: In addressing this criterion, applicants may want to 
consider discussing how the project design is based on a review of 
the relevant literature to include available curriculum and 
instructional materials in the target language.

    (c) Quality of project personnel. (10 points)
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. 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. In addition, the 
Secretary considers the following factors:
    (1) The qualifications, including relevant training and experience, 
of the project director or principal investigator.

[[Page 18212]]

    (2) The qualifications, including relevant training and experience, 
of key project personnel.
    (d) Quality of the Management Plan. (10 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:
    (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 milestones for accomplishing 
project tasks.
    (2) 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.

Note for (d) Quality of the Management Plan

    Please note that 34 CFR 75.112(b) of EDGAR requires an applicant to 
include a narrative that describes how and when, in each budget period 
of the project, the applicant plans to meet each project objective.
    (e) Quality of the project evaluation. (15 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:
    (1) The extent to which the methods of evaluation 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 will produce quantitative and 
qualitative data to the extent possible.
    (3) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (4) The extent to which the evaluation will provide guidance about 
effective strategies suitable for replication or testing in other 
settings.

Note for (e) Quality of the Project Evaluation

    Grantees will be expected to report on the progress of their 
evaluation through the required annual performance report as discussed 
in section VI.4 of this notice.
    In addressing this criterion, applicants may want to consider using 
the evaluation plan to shape the development of the project from the 
beginning of the grant period. Applicants also may want to include 
benchmarks to monitor progress toward specific project objectives, 
including ambitious student foreign language proficiency objectives, 
and outcome measures to assess the impact on teaching and learning or 
other important outcomes for project participants.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Grant Administration: Applicants are encouraged to budget for a 
two-day meeting for project directors in Washington, DC, and attending 
a FLAP meeting at the American Council on the Teaching of Foreign 
Languages (ACTFL) Conference in San Diego.
    4. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. You must also submit an annual performance report 
that provides the most current performance and financial expenditure 
information as specified by the Secretary in 34 CFR 75.118. The 
Secretary may also require more frequent performance reports under 34 
CFR 75.720(c). For specific requirements on reporting, please go to 
http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: In response to the Government Performance 
and Results Act (GPRA), the Department developed three objectives for 
evaluating the overall effectiveness of the Foreign Language Assistance 
Program (FLAP) LEA program.
    Objective 1: To expand foreign language study in non-critical 
languages for students served by FLAP.
    Measure 1.1 of 2: The number of students participating in foreign 
language instruction in the non-critical language(s) in the schools 
funded by FLAP.
    Measure 1.2 of 2: The average number of minutes per week of foreign 
language instruction in the non-critical language(s) in the schools 
funded by FLAP.
    Objective 2: To expand foreign language study in critical languages 
for students served by FLAP.
    Measure 2.1 of 2: The number of students participating in foreign 
language instruction in the critical language(s) in the schools funded 
by FLAP.
    Measure 2.2 of 2: The average number of minutes per week of foreign 
language instruction in the critical language(s) in the schools funded 
by FLAP.
    Objective 3: To improve the foreign language proficiency of 
students served by FLAP.
    Measure 3.1 of 1: The number of students in FLAP projects who meet 
ambitious project objectives for foreign language proficiency.
    We will expect each LEA funded under this competition to document 
how its project is helping the Department meet these performance 
measures. Grantees will be expected to report on progress in meeting 
these performance measures in their Annual Performance Report and in 
their Final Performance Report.

VII. Agency Contacts

FOR FURTHER INFORMATION CONTACT: Non-critical language applicants 
should contact Trini Torres-Carrion, U.S. Department of Education, 400 
Maryland Avenue, SW., room 5C145, Washington, DC 20202-6510. Telephone: 
(202) 401-1445 or by e-mail: <a href="/cdn-cgi/l/email-protection#1a6e687374737e7b7e346e7568687f6937797b68687375745a7f7e347d756c"><span class="__cf_email__" data-cfemail="87f3f5eee9eee3e6e3a9f3e8f5f5e2f4aae4e6f5f5eee8e9c7e2e3a9e0e8f1">[email protected]</span></a>. Critical 
language applicants should contact Diana Schneider, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 5C139, Washington, DC 20202-
6510. Telephone: (202) 401-1456 or by e-mail: <a href="/cdn-cgi/l/email-protection#33575a525d521d40505b5d565a5756417356571d545c45"><span class="__cf_email__" data-cfemail="492d20282728673a2a21272c202d2c3b092c2d672e263f">[email protected]</span></a>.
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or computer diskette) on 
request to the program contact persons listed under FOR FURTHER 
INFORMATION CONTACT in section VII of this notice.
    Electronic Access to This Document: You can view this document, as 
well as

[[Page 18213]]

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: April 16, 2009.
Richard Smith,
Acting Assistant Deputy Secretary and Director, Office of English 
Language Acquisition, Language Enhancement, and Academic Achievement 
for Limited English Proficient Students.
[FR Doc. E9-9147 Filed 4-20-09; 8:45 am]
BILLING CODE 4000-01-P


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