[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Notices]
[Pages 20872-20891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10197]



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Part III





Department of Education





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Bilingual Education: State Grant Program; Notice Inviting Applications 
for New Awards for Fiscal Year (FY) 2001; Notice

Federal Register / Vol. 66, No. 80 / Wednesday, April 25, 2001 / 
Notices

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.194Q]


Bilingual Education: State Grant Program; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2001

    Note to Applicants: This notice is a complete application package. 
Together with the statute authorizing the program and the Education 
Department General Administrative Regulations (EDGAR), this notice 
contains all of the information, application forms, and instructions 
needed to apply for an award under this program. The statutory 
authorization for this program, and the application requirements that 
apply to this competition, are contained in section 7134 of the 
Elementary and Secondary Education Act of 1965, as amended by the 
Improving America's Schools Act of 1994 (Pub. L. 103-382, enacted 
October 20, 1994 (the Act) (20 U.S.C. 7454)).
    Purpose of Program: This program provides grants to State 
educational agencies to: (1) Assist local educational agencies in the 
State with program design, capacity building, assessment of student 
performance, and program evaluation; and (2) collect data on the 
State's limited English proficient (LEP) population and the educational 
programs and services available to that population. However, a State is 
exempt from the requirement to collect data if it did not, as of 
October 20, 1994, have a system in place for collecting the data.
    Eligible Applicants: State educational agencies.
    Deadline for Transmittal of Applications: May 30, 2001.
    Deadline for Intergovernmental Review: July 30, 2001.
    Available Funds: $6 million.
    Estimated Number of Awards: 40.

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

    Project Period: 12 months.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 85, 86, and 99. (b) The regulations in 34 CFR part 299.

Description of Program

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

Selection Criteria

    (a)(1) The Secretary uses the following selection criteria under 34 
CFR 75.209 and 34 CFR 75.210 and section 7134 of the Act to evaluate 
applications for new grants under this competition.
    (2) The maximum score for all of these criteria is 100 points.
    (3) The maximum score for each criterion is indicated in 
parentheses.
    (b) The criteria--(1) Providing for the education of children and 
youth with limited English proficiency. (20 points) The Secretary 
reviews each application to determine how effectively the applicant 
provides, through its own programs and other Federal education 
programs, for the education of limited English proficient children and 
youth within its State.

(Authority: 20 U.S.C. 7454(a))

    (2) Need for the project. (15 points) (i) The Secretary considers 
the need for the proposed project.
    (ii) In determining the need for the proposed project, the 
Secretary considers the magnitude of the need for the services to be 
provided or the activities to be carried out by the proposed project.

(Authority: 34 CFR 75.210(a)(1) and (2)(ii))

    (3) Quality of the project design. (25 points) (i) The Secretary 
considers the quality of the design of the proposed project.
    (ii) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (A) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (B) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance.
    (C) The extent to which the proposed project will be coordinated 
with similar or related efforts, and with other appropriate community, 
State, and Federal resources.

(Authority: 34 CFR 75.210(c)(1)-(2)(i), (xii), and (xvi))

    (4) Quality of project services. (15 points) (i) The Secretary 
considers the quality of the services to be provided by the proposed 
project.
    (ii) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (iii) In addition, the Secretary considers the following factors:
    (A) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (B) The extent to which entities that are to be served by the 
proposed technical assistance project demonstrate support for the 
project.
    (C) The extent to which the technical assistance services to be 
provided by the proposed project involve the use of efficient 
strategies, including the use of technology, as appropriate, and the 
leveraging of non-project resources. (Authority: 34 CFR 75.210(d)(1)-
(3)(i), (ii), and (x))
    (5) Quality of project personnel. (10 points) (i) The Secretary 
considers the quality of the personnel who will carry out the proposed 
project.
    (ii) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (iii) In addition, the Secretary considers the following factors:
    (A) The qualifications, including relevant training and experience, 
of the project director.
    (B) The qualifications, including relevant training and experience, 
of key project personnel.

(Authority: 34 CFR 75.210(e) (1)-(3)(i)-(ii))

    (6) Adequacy of resources: (5 points) (i) The Secretary considers 
the adequacy of resources for the proposed project.
    (ii) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (A) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.

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    (B) The extent to which the budget is adequate to support the 
proposed project.
    (C) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.

(Authority: 34 CFR 75.210(f) (1)-(2)(i), (iii)-(iv))

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

(Authority: 34 CFR 75.210(h) (1)-(2)(i)-(ii))

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. The 
Executive order relies on processes developed by State and local 
governments for coordination and review of proposed Federal financial 
assistance.
    If you are an applicant, you must contact the appropriate State 
Single Point of Contact (SPOC) to find out about, and to comply with, 
the State's process under Executive Order 12372. If you propose to 
perform activities in more than one State, you should immediately 
contact the SPOC 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 SPOC, see the latest official SPOC 
list on the Web site of the Office of Management and Budget 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, areawide, regional, and local entities may submit 
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a 
SPOC and any comments from State, areawide, regional, and local 
entities must be mailed or hand-delivered by the date indicated in this 
application notice to the following address: The Secretary, E.O. 
12372--CFDA# 84.194Q, U.S. Department of Education, 400 Maryland 
Avenue, SW., Room 7E200, Washington, DC 20202-0125.
    We will determine proof of mailing under 34 CFR 75.102 (Deadline 
date for applications). Recommendations or comments may be hand-
delivered until 4:30 p.m. (Washington, DC time) on the date indicated 
in this notice.
    PLEASE NOTE THAT THE ABOVE ADDRESS IS NOT THE SAME ADDRESS AS THE 
ONE TO WHICH AN APPLICANT SUBMITS ITS COMPLETED APPLICATION. DO NOT 
SEND APPLICATIONS TO THE ABOVE ADDRESS.

Instructions for Transmittal of Applications

    Note: Some of the procedures in these instructions for 
transmitting applications differ from those in the Education 
Department General Administrative Regulations (EDGAR) (34 CFR 
75.102). Under the Administrative Procedure Act (5 U.S.C. 553) the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, these amendments make 
procedural changes only and do not establish new substantive policy. 
Therefore, under 5 U.S.C. 553(b)(A), the Secretary has determined 
that proposed rulemaking is not required.

Pilot Project for Electronic Submission of Applications

    The U.S. Department of Education is expanding its pilot project of 
electronic submission of applications to include certain formula grant 
programs, as well as additional discretionary grant competitions. The 
Bilingual Education State Grant Program (CFDA No. 84.194Q) is one of 
the programs included in the pilot project. If you are an applicant 
under the Bilingual Education State Grant Program, you may submit your 
application to us in either electronic or paper format.
    The pilot project involves the use of the Electronic Grant 
Application System (e-APPLICATION, formerly e-GAPS) portion of the 
Grant Administration and Payment System (GAPS). We request your 
participation in this pilot project. We shall continue to evaluate its 
success and solicit suggestions for improvement.
    If you participate in this e-APPLICATION pilot, please note the 
following:
    <bullet> Your participation is voluntary.
    <bullet> You will not receive any additional point value or penalty 
because you submit a grant application in electronic or paper format.
    <bullet> You can submit all documents electronically, including the 
Application for Federal Education Assistance (ED 424), Budget 
Information--Non-Construction Programs (ED 524), and all necessary 
assurances and certifications.
    <bullet> Fax a signed copy of the Application for Federal Education 
Assistance (ED 424) after following these steps:
    1. Print ED 424 from the e-APPLICATION system.
    2. Make sure that the institution's Authorizing Representative 
signs this form.
    3. Before faxing this form, submit your electronic application via 
the e-APPLICATION system. You will receive an automatic 
acknowledgement, which will include a PR/Award number (an identifying 
number unique to your application).
    4. Place the PR/Award number in the upper right hand corner of ED 
424.
    5. Fax ED 424 to the Application Control Center within three 
working days of submitting your electronic application. We will 
indicate a fax number in e-APPLICATION at the time of your submission.
    <bullet> We may request that you give us original signatures on all 
other forms at a later date.
    You may access the electronic grant application for the Bilingual 
Education State Grant Program at: http://e-grants.ed.gov.
    We have included additional information about the e-APPLICATION 
pilot project (see Parity Guidelines between Paper and Electronic 
Applications) elsewhere in this notice.
    If you want to apply for a grant and be considered for funding, you 
must meet the following deadline requirements.

(A) If You Send Your Application by Mail

    You must mail the original and one copy of the application on or 
before the deadline date to: U.S. Department of Education, Application 
Control Center,Attention: CFDA No. 84.194Q, Washington, DC 20202-4725.
    You 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.
    If you mail an application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:

[[Page 20874]]

    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

(B) If You Deliver Your Application by Hand

    You or your courier must hand-deliver the original and one copy of 
the application by 4:30 p.m. (Washington, DC time) on or before the 
deadline date to: U.S. Department of Education, Application Control 
Center, Attention: CFDA No. 84.194Q, Room 3633, Regional Office 
Building 3, 7th and D Streets, SW., Washington, DC.
    The Application Control Center accepts application deliveries daily 
between 8:00 a.m. and 4:30 p.m. (Washington, DC time), except 
Saturdays, Sundays, and Federal holidays. The Center accepts 
application deliveries through the D Street entrance only. A person 
delivering an application must show identification to enter the 
building.

(C) If You Submit Your Application Electronically

    You must submit your grant application through the Internet using 
the software provided on the e-Grants Web site (http://e-grants.ed.gov) 
by 4:30 p.m. (Washington, DC time) on the deadline date.
    The regular hours of operation of the e-Grants Web site are 6:00 
a.m. until 12:00 midnight (Washington, DC time) Monday--Friday and 6:00 
a.m. until 7:00 p.m. Saturdays. The system is unavailable on the second 
Saturday of every month, Sundays, and Federal holidays. Please note 
that on Wednesdays the Web site is closed for maintenance at 7:00 p.m. 
(Washington, DC time).

    Notes: (1) 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.
    (2) If you send your application by mail or deliver it by hand 
or by a courier service, the Application Control Center will mail a 
Grant Application Receipt Acknowledgment to you. If you do not 
receive the notification of application receipt within 15 days from 
the date of mailing the application, you should call the U.S. 
Department of Education Application Control Center at (202) 708-
9493.
    (3) You must indicate on the envelope and--if not provided by 
the Department--in Item 4 of the Application for Federal Education 
Assistance (ED 424; revised November 12, 1999) the CFDA number--and 
suffix letter, if any--of the competition under which you are 
submitting your application.
    (4) If you submit your application through the Internet via the 
e-Grants Web site, you will receive an automatic acknowledgment when 
we receive your application.

Application Instructions and Forms:

    The appendix to this application notice contains the following 
forms, instructions, assurances, certifications, and notices:
    a. Estimated Public Reporting Burden Statement.
    b. Application Instructions.
    c. Checklist for Applicants.
    d. Application for Federal Education Assistance (ED 424) and 
Instructions.
    e. Budget Information--Non-Construction Programs (ED 524) and 
Instructions.
    f. Assurances--Non-Construction Programs (Standard Form 424B) and 
Instructions.
    g. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and Instructions.
    h. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014) and 
Instructions.
    i. Disclosure of Lobbying Activities (Standard Form LLL) and 
Instructions.
    j. Notice to All Applicants (regarding compliance with section 427 
of the General Education Provisions Act (GEPA) (OMB No. 1801-0004).
    An applicant may submit information on a photostatic copy of the 
application forms, assurances, and certifications. However, if an 
application is submitted in conventional paper form, one copy of the 
application forms, assurances, and certifications must have an original 
signature.
    All applicants submitting their applications in conventional paper 
form must submit ONE original signed application, including ink 
signatures on all forms and assurances, and ONE copy of the 
application. Please mark each application as original or copy. No grant 
may be awarded unless a complete application has been received.

FOR FURTHER INFORMATION CONTACT: Harry Logel, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 5086, Switzer Building, 
Washington, DC 20202-6510. Telephone: (202) 205-5530. E-mail: 
<a href="/cdn-cgi/l/email-protection#8ec6effcfcf7d1c2e1e9ebe2ceebeaa0e9e1f8"><span class="__cf_email__" data-cfemail="0d456c7f7f745241626a68614d6869236a627b">[email protected]</span></a>.
    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. (Washington, DC 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 person listed above. 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

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/legislation/FedRegister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at the preceding 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.access.gpo.gov/nara/index.html.


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

    Dated: April 19, 2001.
Arthur M. Love,
Acting Director, Office of Bilingual Education and Minority Languages 
Affairs.

Appendix--Estimated Public Reporting 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. 1885-0541 (Exp. 12/31/
2001). The time required to complete this information collection is 
estimated to average 60 hours per response, including the time to 
review instructions, search existing data resources, gather the data 
needed, and complete and review the information collection. If you 
have any comments concerning the accuracy of the time estimate or 
suggestions for improving this form, please write to: U. S. 
Department of Education, Washington, 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 5086, Switzer Building, 
Washington, DC 20202-6510.

Application Instructions

Parity Guidelines between Paper and Electronic Applications

    The Department of Education is expanding the pilot project, 
which began in FY 2000, that allows applicants to use an Internet-
based electronic system for submitting applications. This 
competition is among those that have an electronic submission option 
available to all applicants. The system, called e-APPLICATION, 
formerly e-

[[Page 20875]]

GAPS (Electronic Grant Application Package System), allows an 
applicant to submit a grant application to us electronically, using 
a current version of the applicant's Internet browser. To see e-
APPLICATION visit the following address: http://e-grants.ed.gov.
    In an effort to ensure parity and a similar look between 
applications transmitted electronically and applications submitted 
in conventional paper form, e-APPLICATION has an impact on all 
applicants under this competition.
    Users of e-APPLICATION, a data driven system, will be entering 
data on-line while completing their applications. This will be more 
interactive than just e-mailing a soft copy of a grant application 
to us. If you participate in this voluntary pilot project by 
submitting an application electronically, the data you enter on-line 
will go into a database and ultimately will be accessible in 
electronic form to our reviewers.
    This pilot project is another step in the Department's 
transition to an electronic grant award process. In addition to e-
APPLICATION, the Department is conducting a limited pilot of 
electronic peer review (e-READER) and electronic annual performance 
reporting (e-REPORTS).
    To help ensure parity and a similar look between electronic and 
paper copies of grant applications, we are asking each applicant 
that submits a paper application to adhere to the following 
guidelines:
    <bullet> Submit your application on 8\1/2\" by 11" paper.
    <bullet> Leave a 1-inch margin on all sides.
    <bullet> Use consistent font throughout your document. You may 
also use boldface type, underlining, and italics. However, please do 
not use colored text.
    <bullet> Please use black and white, also, for illustrations, 
including charts, tables, graphs, and pictures.
    <bullet> For the narrative component, your application should 
consist of the number and the heading of each selection criterion 
followed by the narrative.
    <bullet> Place a page number at the bottom right of each page of 
the narrative component, beginning with 1; and number your pages 
consecutively throughout the narrative component.

Abstract

    The narrative component should be preceded by a one-page 
abstract that includes a short description of the LEP population in 
the State, project objectives, and planned project activities.

Selection Criteria

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

GPRA Program Performance Indicators

    The Government Performance and Results Act (GPRA) of 1993 
directs Federal agencies to improve the effectiveness of their 
programs by setting outcome-related goals for programs and measuring 
program results against those goals. One of the steps taken by the 
U.S. Department of Education to implement this Act is to ask its 
grantees to report annually their progress toward meeting the 
objectives of their projects in relation to the GPRA program 
performance indicators. Therefore applicants for new grants should 
ensure that the project goals and objectives they propose in the 
narrative component of their applications include outcome-oriented 
performance goals and objectives that are measurable and reportable 
in relation to the GPRA performance indicators for the particular 
program under which they are seeking Federal assistance.
    Applicants under the Bilingual Education State Grant Program 
should, in devising project goals and objectives, take into account 
the following GPRA performance indicator for this program:
    More specific reporting: All States will increase their capacity 
to plan for and provide technical assistance by reporting more 
specifically on LEP programs designed to meet the educational needs 
of LEP students, their academic test performance, and grade 
retention rates.

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 these 
parts 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 the project year. Budget line items should be directly related 
to the activities that are proposed to achieve the goals and 
objectives of the project.

Final Application Preparation

    Use the Checklist for Applicants provided below to verify that 
your application is complete. If you submit your application in 
conventional paper form, provide two 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. If you mail your 
application, the application must be postmarked by the application 
deadline date.

Checklist for Applicants

Application Forms and Other Items

    1. Application for Federal Education Assistance Form (ED 424).
    2. Budget Information Form (ED 524).
    3. Itemized budget.
    4. Assurances--Non-Construction Programs Form (SF 424B).
    5. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements 
Form (ED 80-0013).
    6. Certification Regarding Debarment, Suspension, Ineligibility 
and Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 
80-0014) (if applicable).
    7. Disclosure of Lobbying Activities Form (SF-LLL).
    8. Notice to All Applicants (GEPA requirement) (OMB No. 1801-
0004).
    9. One-page abstract.
    10. Table of contents.
    11. Application narrative.

Application Transmittal

    1. By mail or hand delivery: one original and one copy of the 
application to the U.S. Department of Education Application Control 
Center; or by electronic transmission: software provided on the e-
Grants Web site.
    2. One copy to the appropriate State Single Point of Contact (if 
applicable).

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[FR Doc. 01-10197 Filed 4-24-01; 8:45 am]
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