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

DEPARTMENT OF EDUCATION

34 CFR Part 280

RIN 1810–AA76

Magnet Schools Assistance Program

AGENCY: Department of Education.

ACTION: Final rule.

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—

• Add two new elements to the

statement of purpose for the MSAP

(§ 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;

• In § 280.2(a), add ‘‘consortia of

LEAs’’ to those eligible to receive

assistance under the MSAP;

• Clarify the definition of the term

‘‘Magnet school’’ in § 280.4(b) by

inserting the words ‘‘public elementary

or secondary’’ before the words

‘‘school’’ and ‘‘education center;’’

• Add a new assurance at

§ 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;

• Modify the assurance in

§ 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;

• Modify the information required in

grant applications by adding language in

§ 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;

• Further modify the information

required in grant applications by

specifying in § 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;

• 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

(§ 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 (§ 280.20(i)(4)); and

what criteria will be used to select

students to attend each magnet school

proposed for the project (§ 280.20(i)(5));

• Add ‘‘reading skills’’ and

‘‘geography’’ to the subject areas

identified in § 280.31(c)(2)(iii) and

§ 280.40(b)(2) in which instruction may

be provided in magnet schools projects;

• 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 (§ 280.32(c));

select students to attend magnet schools

by methods such as lottery, rather than

through academic examination

(§ 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

(§ 280.32(e)). The priority for

‘‘Collaborative efforts’’ (§ 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;

• Delete § 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;

• Amend the rules governing

allowable costs in § 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;

• Further amend the allowable costs

regulations in § 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;

• Further amend the allowable costs

regulations in § 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;

• Eliminate the prohibition on the use

of grant funds for consultants from

§ 280.41;

• Add a prohibition (§ 280.41(d)) on

the use of funds for planning after the

third year;

• Change the limitation in § 280.41(a)

on the amount of funds that can be used

for planning activities (e.g., curriculum

development, staff training) to permit
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 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;

• Remove § 280.42, which limited the

amount that could be carried over from

one budget period to the subsequent

budget period; and

• Remove § 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:

§ 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 § 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

‘‘§ 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:

§ 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.

* * * * *
14866 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

(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

§ 280.30 is revised to read as follows:

(Authority: 20 U.S.C. 7201–7213)

9. In § 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:

§ 280.32 How is priority given to

applicants?

(a) How priority is given. In addition

to the points awarded under § 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 § 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 § 280.41(a)’’ and adding, in its place,

‘‘restrictions in § 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:

§ 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:

§ 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))

§ 280.42 [Removed]

15. Section 280.42 is removed.

Subpart F Removed

§ 280.50 [Removed]

16. Subpart F consisting of § 280.50 is

removed.

[FR Doc. 95–6707 Filed 3–17–95; 8:45 am]

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