[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Rules and Regulations]
[Pages 14864-14866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6707]




[[Page 14863]]

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Part III





Department of Education





_______________________________________________________________________



34 CFR Part 280



Magnet Schools Assistance Program; Final Rule

Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules 
and Regulations 
[[Page 14864]] 

DEPARTMENT OF EDUCATION

34 CFR Part 280

RIN 1810-AA76


Magnet Schools Assistance Program

AGENCY: Department of Education.

ACTION: Final rule.

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SUMMARY: The Secretary revises the regulations governing the Magnet 
Schools Assistance Program (MSAP) to conform them to statutory 
provisions that authorize Magnet Schools Assistance. These regulations 
make technical changes in the existing regulations to incorporate the 
statutory amendments.

EFFECTIVE DATE: These regulations take effect April 19, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Steven L. Brockhouse, U.S. 
Department of Education, 600 Independence Avenue, SW., Room 4500, 
Portals Building, Washington, D.C. 20202-6140. Telephone: (202) 260-
2476. Individuals who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION:

A. Background

    The Improving America's Schools Act (IASA) reauthorized the MSAP, 
which is now authorized under Part A of Title V of the Elementary and 
Secondary Education Act of 1965 (ESEA), as amended. The MSAP provides 
Federal financial assistance to local educational agencies (LEAs) for 
magnet schools that are part of approved desegregation plans that LEAs 
are implementing.

B. Explanation of Changes

    The Secretary amends regulations in 34 CFR part 280 to conform to 
the amended statute. The statutory amendments incorporated in the 
regulations include--
    <bullet> Add two new elements to the statement of purpose for the 
MSAP (Sec. 280.1(b) and (c))--one element addresses the development and 
implementation of magnet schools that will assist LEAs in achieving 
systemic reform; the other element addresses the development and design 
of innovative educational methods and practices;
    <bullet> In Sec. 280.2(a), add ``consortia of LEAs'' to those 
eligible to receive assistance under the MSAP;
    <bullet> Clarify the definition of the term ``Magnet school'' in 
Sec. 280.4(b) by inserting the words ``public elementary or secondary'' 
before the words ``school'' and ``education center;''
    <bullet> Add a new assurance at Sec. 280.20(b)(7) that applicants 
will give students residing in the local attendance area of the 
proposed magnet school projects equitable consideration for placement 
in those projects;
    <bullet> Modify the assurance in Sec. 280.20(b)(2) regarding the 
employment of teachers in courses of instruction assisted under the 
MSAP to include both teachers and those who supervise others who are 
teaching. Under the assurance both teachers and those who supervise 
other instructional personnel must be appropriately certified or 
licensed by the State;
    <bullet> Modify the information required in grant applications by 
adding language in Sec. 280.20(i)(1) that indicates that, as a part of 
an applicant's description of how MSAP assistance will promote 
desegregation, information must be included that describes how the 
proposed project will increase interaction among students of different 
social, economic, ethnic, and racial backgrounds;
    <bullet> Further modify the information required in grant 
applications by specifying in Sec. 280.20(i)(3) that applications must 
describe how an applicant will continue the magnet school project after 
MSAP assistance is no longer available including, if applicable, an 
explanation of why magnet schools that have been previously supported 
with MSAP funds cannot be continued without further assistance;
    <bullet> Add requirements for information describing how and the 
extent to which MSAP assistance will increase student achievement in 
the instructional area or areas of the magnet school 
(Sec. 280.20(i)(2)); how MSAP assistance will be used to implement 
services and activities that are consistent with other programs under 
the ESEA, the Goals 2000: Educate America Act, and other Acts, as 
appropriate (Sec. 280.20(i)(4)); and what criteria will be used to 
select students to attend each magnet school proposed for the project 
(Sec. 280.20(i)(5));
    <bullet> Add ``reading skills'' and ``geography'' to the subject 
areas identified in Sec. 280.31(c)(2)(iii) and Sec. 280.40(b)(2) in 
which instruction may be provided in magnet schools projects;
    <bullet> Eliminate special considerations for ``Recentness of the 
implementation of the approved desegregation plan;'' ``Involvement of 
minority group children;'' and ``Degree of achievement.'' In their 
place, priorities are established for projects that propose to: carry 
out new, or significantly revised, magnet schools (Sec. 280.32(c)); 
select students to attend magnet schools by methods such as lottery, 
rather than through academic examination (Sec. 280.32(d)); and 
implement innovative educational approaches that are consistent with 
State and local systemic reform plans, if any, under title III of the 
Goals 2000: Educate America Act (Sec. 280.32(e)). The priority for 
``Collaborative efforts'' (Sec. 280.32(f)) is revised to give priority 
to applicants whose projects seek to draw on comprehensive community 
involvement plans. This provides flexibility for applicants to promote 
various kinds of broad community collaboration (such as collaboration 
with business) in designing and implementing their magnet programs;
    <bullet> Delete Sec. 280.34, which indicates that a condition for 
receipt of a continuation award is satisfactory progress towards 
achieving the purposes of the program. However, the standard set forth 
in 34 CFR 75.253(a) of Education Department General Administrative 
Regulations requiring substantial progress continues to apply;
    <bullet> Amend the rules governing allowable costs in 
Sec. 280.40(a) by including planning and promotional costs directly 
related to the development of academic programs and services offered at 
magnet schools, in addition to the expansion, continuation, or 
enhancement of those programs and services;
    <bullet> Further amend the allowable costs regulations in 
Sec. 280.40(d) by including ``instructional staff, where applicable,'' 
to the personnel whose salaries may be paid or subsidized with MSAP 
funds. This permits funds to be used to employ instructional personnel 
other than licensed or certified teachers--such as instructional aides, 
artists in residence, instructors from institutions of higher 
education, and others--who would provide instruction to students;
    <bullet> Further amend the allowable costs regulations in 
Sec. 280.40(e) by permitting instructional activities designed to make 
the special curriculum of a magnet program available to students who 
are enrolled in the magnet school, but who are not enrolled in the 
magnet program, provided that the implementation of those instructional 
activities furthers the purposes of the MSAP;
    <bullet> Eliminate the prohibition on the use of grant funds for 
consultants from Sec. 280.41;
    <bullet> Add a prohibition (Sec. 280.41(d)) on the use of funds for 
planning after the third year;
    <bullet> Change the limitation in Sec. 280.41(a) on the amount of 
funds that can be used for planning activities (e.g., curriculum 
development, staff training) to permit [[Page 14865]] up to 50 percent 
of the amount received for the first year of the project to be used for 
planning; up to 15 percent of the amount received for the second year; 
and up to 10 percent of the amount received for the third year of the 
project;
    <bullet> Remove Sec. 280.42, which limited the amount that could be 
carried over from one budget period to the subsequent budget period; 
and
    <bullet> Remove Sec. 280.50, which prohibited a State from reducing 
State aid to an LEA because of assistance made available under the 
MSAP;
    These final regulations have been reviewed in accordance with 
Executive Order 12866. Under the terms of the order the Secretary has 
assessed the potential costs and benefits of this regulatory action.
    The potential costs associated with the final regulations are those 
resulting from statutory requirements and those determined by the 
Secretary to be necessary for administering these grants effectively 
and efficiently. In assessing the potential costs and benefits--both 
quantitative and qualitative--of these regulations, the Secretary has 
determined that the benefits of the regulations justify the costs.

Intergovernmental Review

    The program is subject to the requirements of Executive Order 12372 
and the regulations in 34 CFR Part 79. The objective of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism by relying on processes developed by State and local 
governments for coordination and review of proposed Federal financial 
assistance.
    In accordance with the order, this document is intended to provide 
early notification of the Secretary's specific plans and actions for 
this program.

Waiver of Proposed Rulemaking

    It is the practice of the Secretary to offer interested parties the 
opportunity to comment on proposed regulations in accordance with the 
Administrative Procedure Act (5 U.S.C. 553). However, since these 
changes merely incorporate statutory amendments into the regulations 
and do not implement substantive policy, public comment could have no 
effect. Therefore, the Secretary has determined pursuant to 5 U.S.C. 
553(b)(B) that public comment on these regulations is unnecessary and 
contrary to the public interest.

List of Subjects in 34 CFR Part 280

    Civil rights, Desegregation, Education, Elementary and secondary 
education, Grant programs--education, Magnet schools, Reporting and 
recordkeeping requirements.

    Dated: March 8, 1995.
Thomas W. Payzant,
Assistant Secretary for Elementary and Secondary Education.

(Catalog of Federal Domestic Assistance Number 84.165A--Magnet 
Schools Assistance Program)

    The Secretary amends Part 280 of Title 34 of the Code of Federal 
Regulations as follows:

PART 280--MAGNET SCHOOLS ASSISTANCE PROGRAM

    1. The authority citation for part 280 is revised to read as 
follows:

    Authority: 20 U.S.C. 7201-7213, unless otherwise noted.

    2. Section 280.1 is amended by adding the words ``or consortia of 
LEAs'' following ``(LEAs)'' and after ``LEAs'' in the undesignated 
introductory text; removing the word ``and'' at the end of paragraph 
(a); redesignating paragraph (b) as paragraph (d); adding new 
paragraphs (b) and (c); and revising the authority citation to read as 
follows:


Sec. 280.1  What is the Magnet Schools Assistance Program?

* * * * *
    (b) The development and implementation of magnet school projects 
that will assist LEAs in achieving systemic reforms and providing all 
students the opportunity to meet challenging State content standards 
and challenging State performance standards;
    (c) The development and design of innovative educational methods 
and practices; and
* * * * *
(Authority: 20 U.S.C. 7202)


    3. Section 280.2 is amended by adding ``or consortium of LEAs'' 
after ``LEA'' in paragraphs (a), (a)(1), and (a)(2); by adding the 
words ``or those agencies'' after ``that agency'' at the end of 
paragraph (a)(1); and by revising the authority citation to read as 
follows.


(Authority: 20 U.S.C. 7205)

    4. The authority citation for Sec. 280.3 is revised to read as 
follows:


(Authority: 20 U.S.C. 7201-7213)


    5. Section 280.4 paragraph (b) is amended by removing the 
definitions of ``Community-based organization,'' ``Implementation 
date,'' and ``Institution of higher education,'' by adding the words 
``public elementary or secondary'' before the words ``school'' and 
``education center'' in the definition of ``Magnet school,'' and by 
adding ``or consortium of LEAs'' after ``LEA'' in the definition of 
``Special curriculum'', and by revising the authority citation to read 
as follows:

(Authority: 20 U.S.C. 7201-7213)

    6. Section 280.10 paragraph (c) is amended by adding ``(1)'' after 
``Sec. 280.2(a)'' and revising the authority citation to read as 
follows:

(Authority: 20 U.S.C. 7203)

    7. Section 280.20 is amended by adding ``or consortium of LEAs'' 
after ``LEA'' in paragraphs (a), (b) introductory text, (c), (d), (e), 
(f), (f)(1), (f)(4), and (f)(5) introductory text; adding ``or 
consortium of LEAs''' after ``LEA's'' in paragraph (f)(4)(ii), 
(f)(5)(ii), and (h); removing the word ``two'' in paragraphs 
(f)(4)(i)(C), (f)(4)(ii)(C), (f)(5)(i)(B), and (f)(5)(ii)(B); revising 
paragraphs (b) and (i); and revising the authority citation to read as 
follows:


Sec. 280.20  How does one apply for a grant?

* * * * *
    (b) In its application, the LEA or consortium of LEAs shall provide 
assurances that it--
    (1) Will use funds made available under this part for the purposes 
specified in section 5102 of the Act;
    (2) Will employ teachers in the courses of instruction assisted 
under this part who are certified or licensed by the State to teach, or 
supervise others who are teaching, the subject matter of the courses of 
instruction;
    (3) Will not engage in discrimination based upon race, religion, 
color, national origin, sex, or disability in the hiring, promotion, or 
assignment of employees of the agency or other personnel for whom the 
agency has any administrative responsibility;
    (4) Will not engage in discrimination based upon race, religion, 
color, national origin, sex, or disability in the assignment of 
students to schools or to courses of instruction within schools of the 
agency, except to carry out the approved desegregation plan;
    (5) Will not engage in discrimination based upon race, religion, 
color, national origin, sex, or disability in designing or operating 
extracurricular activities for students;
    (6) Will carry out a high-quality education program that will 
encourage greater parental decisionmaking and involvement; and
    (7) Will give students residing in the local attendance area of the 
proposed magnet school projects equitable consideration for placement 
in those projects.
* * * * * [[Page 14866]] 
    (i) In addition to including the assurances required by this 
section, an LEA or consortium of LEAs shall describe in its 
application--
    (1) How the applicant will use assistance made available under this 
part to promote desegregation, including how the proposed magnet school 
project will increase interaction among students of different social, 
economic, ethnic, and racial backgrounds;
    (2) How and to what extent the assistance will increase student 
achievement in instructional areas offered;
    (3) How the LEA or consortium of LEAs will continue the magnet 
schools project after assistance under this program is no longer 
available, including, if applicable, why magnet schools cannot be 
continued without the use of funds under this program.
    (4) How assistance will be used to implement services and 
activities that are consistent with other programs under the Elementary 
and Secondary Education Act of 1965, the Goals 2000: Educate America 
Act, and other Acts, as appropriate, in accordance with section 14306 
of the Act; and
    (5) What criteria will be used in selecting students to attend the 
proposed magnet schools projects.

(Authority: 20 U.S.C. 7206)

    8. Section 280.30(a) and (c) are amended by removing the words 
``special consideration'' and inserting the word ``priority'' before 
the word ``factors''. The authority citation for Sec. 280.30 is revised 
to read as follows:

(Authority: 20 U.S.C. 7201-7213)

    9. In Sec. 280.31 paragraph (c)(2)(iii) is amended by adding 
``reading skills or'' after ``students''' and ``geography,'' before 
``English'', and the authority citation is revised to read as follows:

(Authority: 20 U.S.C. 7201-7213)

    10. Section 280.32 is amended by revising the heading, removing 
paragraph (b), redesignating paragraph (d) as paragraph (b), removing 
the parenthetical reference to ``15 points'' from the redesignated 
paragraph (b), adding a new paragraph (d), and revising paragraphs (a), 
(c), (e), (f) and the authority citation to read as follows:


Sec. 280.32  How is priority given to applicants?

    (a) How priority is given. In addition to the points awarded under 
Sec. 280.31, the Secretary gives priority to the factors listed in 
paragraphs (b) through (f) of this section by awarding additional 
points for these factors. The Secretary indicates in the application 
notice published in the Federal Register how these additional points 
will be distributed.
* * * * *
    (c) New or revised magnet schools projects. The Secretary 
determines the extent to which the applicant proposes to carry out new 
magnet schools projects or significantly revise existing magnet schools 
projects.
    (d) Selection of students. The Secretary determines the extent to 
which the applicant proposes to select students to attend magnet 
schools by methods such as lottery, rather than through academic 
examination.
    (e) Innovative approaches and systemic reform. The Secretary 
determines the extent to which the project for which assistance is 
sought proposes to implement innovative educational approaches that are 
consistent with the State's and LEA's systemic reform plan, if any, 
under the Goals 2000: Educate America Act.
    (f) Collaborative efforts. The Secretary determines the extent to 
which the project for which assistance is sought proposes to draw on 
comprehensive community involvement plans.

(Authority: 20 U.S.C. 7207)

    11. The authority citation for Sec. 280.33 is revised to read as 
follows:

(Authority: 20 U.S.C. 7213(b))

    12. Section 280.34 is removed.
    13. Section 280.40 is amended by adding ``or consortium of LEAs'' 
after ``LEA'' in the undesignated introductory text; by adding 
``development,'' before ``expansion'' and removing ``restriction in 
Sec. 280.41(a)'' and adding, in its place, ``restrictions in 
Sec. 280.41(a) and (d)'' in paragraph (a); by adding ``reading skills 
or'' before ``the knowledge'' and ``geography,'' before ``English'' in 
paragraph (b)(2); by adding ``reading skills or'' before ``the 
knowledge'' and ``geography,'' before ``English'' in paragraph (c)(3); 
by adding new paragraphs (d) and (e); and by revising the authority 
citation to read as follows:


Sec. 280.40  What costs are allowable?

* * * * *
    (d) The payment or subsidization of the compensation of 
instructional staff, where applicable, who satisfy the requirements of 
paragraphs (c)(2) and (3) of this section.
    (e) With respect to a magnet school program offered to less than 
the entire school population, for instructional activities that--
    (1) Are designed to make available the special curriculum of the 
magnet school program to students enrolled in the school, but not in 
the magnet school program; and
    (2) Further the purposes of the program.

(Authority: 20 U.S.C. 7208)

    14. Section 280.41 is revised to read as follows:


Sec. 280.41  What are the limitations on allowable costs?

    An LEA or consortium of LEAs that receives assistance under this 
part may not--
    (a) Expend for planning more than 50 percent of the funds received 
for the first fiscal year, 15 percent of the funds received for the 
second fiscal year, and 10 percent of the funds received for the third 
fiscal year;
    (b) Use funds for transportation;
    (c) Use funds for any activity that does not augment academic 
improvement; or
    (d) Use funds for planning after the third year.

(Authority: 20 U.S.C. 7209, 7210(b))


Sec. 280.42  [Removed]

    15. Section 280.42 is removed.

Subpart F Removed


Sec. 280.50  [Removed]

    16. Subpart F consisting of Sec. 280.50 is removed.

[FR Doc. 95-6707 Filed 3-17-95; 8:45 am]
BILLING CODE 4000-01-P