[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26396-26416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13092]




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_______________________________________________________________________

Part VI





Department of Education





_______________________________________________________________________



Foreign Language Assistance Grants (State Education Agencies); Inviting 
Applications for New Awards for Fiscal Year 1996; Notice

Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / 
Notices

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.293C]


Foreign Language Assistance Grants (State Educational Agencies); 
Notice Inviting Applications for New Awards for Fiscal Year (FY) 1996

    Note to Applicants: This notice is a complete application package. 
Together with the statute authorizing the program and applicable 
regulations governing the program, including 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 competition.
    Purpose of Program: This program provides grants to pay for the 
Federal share of the cost of innovative model programs providing for 
the establishment, improvement, or expansion of foreign language study 
for elementary and secondary school students.
    In awarding grants under this program, the Secretary supports 
projects that promote systemic approaches to improving foreign language 
learning in the State.
    Eligible Applicants: State educational agencies.
    Deadline for Transmittal of Applications: June 24, 1996.
    Deadline for Intergovernmental Review: August 23,1996.
    Available Funds: $1,500,000.
    Estimated Range of Awards: $30,000-$70,000.
    Estimated Average Size of Awards: $50,000.
    Estimated Number of Awards: 30.

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

    Project Period: 36 months.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) as follows:
    (1) 34 CFR Part 75 (Direct Grant Programs).
    (2) 34 CFR Part 77 (Definitions that Apply to Department 
Regulations).
    (3) 34 CFR Part 79 (Intergovernmental Review of Department of 
Education Programs and Activities).
    (4) 34 CFR Part 80 (Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments).
    (5) 34 CFR Part 81 (General Education Provisions Act--Enforcement).
    (6) 34 CFR Part 82 (New Restrictions on Lobbying).
    (7) 34 CFR Part 85 (Governmentwide Debarment and Suspension 
(Nonprocurement) and Governmentwide Requirements for Drug-Free 
Workplace (Grants)).
    Description of Program: Part B of Title VII of the Elementary and 
Secondary Education Act of 1965, as amended (the Act), authorizes the 
Foreign Language Assistance Grants program. Appropriations for this 
program are authorized by section 7206 of the Act. Section 7203(c)(3) 
of the Act provides that at least 75 percent of the funds appropriated 
under section 7206 shall be used for the expansion of foreign language 
learning in elementary grades. The Secretary does not fund projects 
that propose Native American languages.
    Priorities: Under 34 CFR 75.105(c)(2)(i) the Secretary gives 
preference to applications that meet the following competitive 
priority. The Secretary awards five points to an application that meets 
this competitive priority in a particularly effective way. These points 
would be in addition to any points the application earns under the 
selection criteria for the program:
    Competitive Preference Priority 1--Less Commonly Taught Languages 
of Major Economic and Political Importance to the United States (5 
points).
    Supplementary Information: The Senate Committee on Appropriations 
noted that three-fourth's of the world's population, including some 
major United States trading partners, speak Japanese, Chinese, Russian, 
Arabic, or Korean. S. REP. No. 318, 103rd Cong. 2nd Sess. 187 (1994). 
In addition, the Committee pointed out that these languages are seldom 
offered in our schools and that truly effective language training must 
begin in the elementary grades. In order to address this important 
concern, the Secretary gives an additional five points to an 
application that meets the competitive priority in a particularly 
effective way.

Priority

    Projects that propose to establish, improve, or expand foreign 
language learning in the elementary grades and that focus on any of the 
following languages: Japanese, Chinese, Russian, Arabic, or Korean.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedures Act (5 U.S.C. 
553), it is the practice of the Department of Education to offer 
interested parties the opportunity to comment on proposed priorities. 
Because of the lateness of Congress in passing the fiscal year 1996 
budget for this agency, the Department has determined that publication 
of a proposed priority would interfere with an orderly, responsible 
grant award process. The Secretary, therefore, has determined, pursuant 
to 5 U.S.C. 553(b)(B), that publication of a proposed priority is 
impracticable and contrary to the public interest.
    Under 34 CFR 75.105(b)(2)(iv) and (c)(2)(i) and section 7204(b) of 
the Act (20 U.S.C. 7514(b)), the Secretary gives preference to 
applications that meet the following competitive priority. The 
Secretary awards three points to an application that meets this 
competitive priority in a particularly effective way. These points 
would be in addition to any points the application earns under the 
selection criteria for the program:
    Competitive Preference Priority 2--Special Considerations (3 
points).

Priority

    Projects that propose to carry out one or more of the following 
activities: (1) intensive summer foreign language programs for 
professional development; (2) linking non-native English speakers in 
the community with the schools in order to promote two-way language 
learning; or (3) promoting the sequential study of a foreign language, 
beginning in elementary schools.

Selection Criteria

    (a)(1) The Secretary uses the following selection criteria to 
evaluate applications for the 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) Meeting the purposes of the authorizing 
statute. (37 points) The Secretary reviews each application to 
determine how well the project will meet the purpose of Part B of Title 
VII of the Act, including consideration of--
    (i) The objectives of the project: and
    (ii) How the objectives of the project further the purposes of the 
Act.
    (2) Extent of need for the project. (20 points) The Secretary 
reviews each application to determine the extent to which the project 
meets specific needs recognized in the Act, including consideration 
of--
    (i) The needs addressed by the project;
    (ii) How the applicant identified those needs;
    (iii) How those needs will be met by the project; and
    (iv) The benefits to be gained by meeting those needs.
    (3) Plan of operation. (20 points) The Secretary reviews each 
application to

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determine the quality of the plan of operation for the project, 
including--
    (i) The quality of the design of the project;
    (ii) The extent to which the plan of management is effective and 
ensures proper and efficient administration of the project;
    (iii) How well the objectives of the project relate to the purpose 
of the program;
    (iv) The quality of the applicant's plan to use its resources and 
personnel to achieve each objective;
    (v) How the applicant will ensure that project participants who are 
otherwise eligible to participate are selected without regard to race, 
color, national origin, gender, age, or handicapping condition; and
    (vi) For grants under a program that requires the applicant to 
provide an opportunity for participation of students enrolled in 
private schools, the quality of the applicant's plan to provide that 
opportunity.
    (4) Quality of key personnel. (7 points)
    (i) The Secretary reviews each application to determine the quality 
of key personnel the applicant plans to use on the project, including--
    (A) The qualifications of the project director (if one is to be 
used);
    (B) The qualifications of each of the other key personnel to be 
used in the project;
    (C) The time that each person referred to in paragraphs (b)(4)(i) 
(A) and (B) of this section will commit to the project; and
    (D) How the applicant, as part of its nondiscriminatory employment 
practices, will ensure that its personnel are selected for employment 
without regard to race, color, national origin, gender, age, or 
handicapping condition.
    (ii) To determine personnel qualifications under paragraphs 
(b)(4)(i) (A) and (B) of this section, the Secretary considers--
    (A) Experience and training in fields related to the objectives of 
the project; and
    (B) Any other qualifications that pertain to the quality of the 
project.
    (5) Budget and cost effectiveness. (5 points) The Secretary reviews 
each application to determine the extent to which--
    (i) The budget is adequate to support the project; and
    (ii) Costs are reasonable in relation to the objectives of the 
project.
    (6) Evaluation plan. (8 points) The Secretary reviews each 
application to determine the quality of the evaluation plan for the 
project, including the extent to which the applicant's methods of 
evaluation--
    (i) Are appropriate to the project; and
    (ii) To the extent possible, are objective and produce data that 
are quantifiable.
    (Cross-reference: See 34 CFR 75.590 Evaluation by the recipient.)
    (7) Adequacy of resources. (3 points) The Secretary reviews each 
application to determine the adequacy of the resources that the 
applicant plans to devote to the project, including facilities, 
equipment, and supplies.

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.
    The objective of the Executive order is to foster an 
intergovernmental partnership and to strengthen federalism by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance.
    Applicants must contact the appropriate State Single Point of 
Contact to find out about, and to comply with, the State's process 
under Executive order 12372. Applicants proposing to perform activities 
in more than one State should immediately contact the Single Point of 
Contact 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 State Single Point of Contact, see the list 
published in the Federal Register on August 10, 1995 (60 FR 40980 and 
40981).
    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 
State Single Point of Contact and any comments from State, areawide, 
regional, and local entities must be mailed or hand-delivered by the 
date indicated in this notice to the following address: The Secretary, 
E.O. 12372--CFDA# 84.293C, U.S. Department of Education, Room 6213, 600 
Independence Avenue, S.W., Washington, D.C. 20202-0125.
    Proof of mailing will be determined on the same basis as 
applications (see 34 CFR 75.102). Recommendations or comments may be 
hand-delivered until 4:30 p.m. (Eastern time) on the date indicated in 
this notice.
    Please note that the above address is not the same address as the 
one to which the applicant submits its completed application. Do not 
send applications to the above address.

Instructions for Transmittal of Applications

    (a) If an applicant wants to apply for a grant, the applicant 
shall--
    (1) Mail the original and two copies of the application on or 
before the deadline date to: U.S. Department of Education, Application 
Control Center, Attention: (CFDA# 84.293C), Washington, D.C. 20202-4725 
or
    (2) Hand deliver the original and two copies of the application by 
4:30 p.m. (Eastern time) on or before the deadline date to: U.S. 
Department of Education, Application Control Center, Attention: (CFDA# 
84.293C), Room #3633, Regional Office Building #3, 7th and D Streets, 
S.W., Washington, D.C.
    (b) An applicant 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.
    (c) If an application is mailed through the U.S. Postal Service, 
the Secretary does 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.

    Notes: (1) The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, an applicant should 
check with its local post office.
    (2) The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to each applicant. If an applicant fails to 
receive the notification of application receipt within 15 days from 
the date of mailing the application, the applicant should call the 
U.S. Department of Education Application Control Center at (202) 
708-9494.
    (3) The applicant must indicate on the envelope and--if not 
provided by the Department--in Item 10 of the Application for 
Federal Assistance (Standard Form 424) the CFDA number--and suffix 
letter, if any--of the competition under which the application is 
being submitted.

Application Instructions and Forms

    The appendix to this application is divided into three parts plus a 
statement regarding estimated public reporting burden, guidance on 
addressing the EDGAR selection criteria, and various assurances, 
certifications, and required documentation. These parts and additional 
materials are organized in the same manner that the submitted

[[Page 26398]]

application should be organized. The parts and additional materials are 
as follows:
    Part I: Application for Federal Assistance (Standard Form 424 (Rev. 
4-88)) and instructions.
    Part II: Budget Information--Non-Construction Programs (ED Form No. 
524) and instructions.
    Part III: Application Narrative.

Additional Materials

    a. Estimated Public Reporting Burden.
    b. Part B of Title VII of the Elementary and Secondary Education 
Act of 1965, as amended (the Act).
    c. Guidance on Addressing the EDGAR Selection Criteria.
    d. Additional Non-Regulatory Guidance: Questions and Answers.
    e. Group Application Certification.
    f. State Educational Agency Data Form.
    g. Assurances--Non-Construction Programs (Standard Form 424B) and 
instructions.
    h. Certifications Regarding Lobbying; Debarment, Suspension, and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and instructions.
    i. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion: Lower Tier Covered Transactions (ED 80-0014, 9/90) 
and instructions. (NOTE: ED 80-0014 is intended for the use of grantees 
and should not be transmitted to the Department.)
    j. Disclosure of Lobbying Activities (Standard Form LLL) (if 
applicable) and instructions. This document has been marked to reflect 
statutory changes. See the notice published by the Office of Management 
and Budget at 61 FR 1413 (January 19, 1996).
    k. Notice to All Applicants.
    An applicant may submit information on a photostatic copy of the 
application and budget forms, the assurances, and the certifications. 
However, the application form, the assurances, and the certifications 
must each have an original signature. All applicants must submit ONE 
original signed application, including ink signatures on all forms and 
assurances, and TWO copies of the application. Please mark each 
application as ``original'' or ``copy''. No grant may be awarded unless 
a completed application form has been received.
    For Further Information Contact: Harpreet Sandhu, U.S. Department 
of Education, 600 Independence Avenue, S.W., Room 5090, Switzer 
Building, Washington, D.C. 20202-6510. Telephone: (202) 205-9808. 
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.
    Information about the Department's funding opportunities, including 
copies of application notices for discretionary grant competitions, can 
be viewed on the Department's electronic bulletin board (ED Board), 
telephone (202) 260-9950; on the Internet Gopher Server at 
GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases); or 
on the World Wide Web (at http://www.ed.gov/money.html). However, the 
official application notice for a discretionary grant competition is 
the notice published in the Federal Register.

    Program Authority: 20 U.S.C. 7511-7514.

    Dated: May 20, 1996.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.

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Appendix
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    Public reporting burden for this collection of information is 
estimated to vary from 13 to 22 hours per response, with an average of 
17.5 hours, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate or any other aspect of this collection 
of information, including suggestions for reducing this burden, to the 
U.S. Department of Education, Information Management and Compliance 
Division, Washington, DC 20202-4651; and the Office of Management and 
Budget, Paperwork Reduction Project 1875-0102, Washington, DC 20503.

Instructions for ED Form No. 524

General Instructions

    This form is used to apply to individual U.S. Department of 
Education discretionary grant programs. Unless directed otherwise, 
provide the same budget information for each year of the multi-year 
funding request. Pay attention to applicable program specific 
instructions, if attached.

Section A--Budget Summary, U.S. Department of Education Funds

    All applicants must complete Section A and provide a breakdown by 
the applicable budget categories shown in lines 1-11.
    Lines 1-11, columns (a)-(e):
    For each project year for which funding is requested, show the 
total amount requested for each applicable budget category.
    Lines 1-11, column (f):
    Show the multi-year total for each budget category. If funding is 
requested for only one project year, leave this column blank.
    Line 12, columns (a)-(e):
    Show the total budget request for each project year for which 
funding is requested.
    Line 12, column (f):
    Show the total amount requested for all project years. If funding 
is requested for only one year, leave this space blank.

Section B--Budget Summary, Non-Federal Funds

    If you are required to provide or volunteer to provide matching 
funds or other non-Federal resources to the project, these should be 
shown for each applicable budget category on lines 1-11 of Section B.
    Lines 1-11, columns (a)-(e):
    For each project year for which matching funds or other 
contributions are provided, show the total contribution for each 
applicable budget category.
    Lines 1-11, column (f);
    Show the multi-year total for each budget category. If non-Federal 
contributions are provided for only one year, leave this column blank.
    Line 12, columns (a)-(e):
    Show the total matching or other contribution for each project 
year.
    Line 12, column (f):
    Show the total amount to be contributed for all years of the multi-
year project. If non-Federal contributions are provided for only one 
year, leave this blank.

Section C--Other Budget Information, Pay Attention to Applicable 
Program Specific Instructions, if Attached

    1. Provide an itemized budget breakdown, by project year, for each 
budget category listed in Sections A and B.
    2. If applicable to this program, enter the types of indirect rate 
(provisional, predetermined, final or fixed) that will be in effect 
during the funding period. In addition, enter the estimated amount of 
the base to which the rate is applied, and the total indirect expense.
    3. If applicable to this program, provide the rate and base on 
which fringe benefits are calculated.
    4. Provide other explanations or comments you deem necessary.

Instructions for Application Narrative

    Before preparing the Application Narrative an applicant should read 
carefully the description of program, the information regarding 
priorities, and the selection criteria the Secretary uses to evaluate 
applications.
    The narrative should encompass each function or activity for which 
funds are being requested and should--
    1. Begin with an Abstract, that is, a summary of the proposed 
project;
    2. Describe the proposed project in light of each of the selection 
criteria in the order in which the criteria are listed in this 
application package; and
    3. Include any other pertinent information that might assist the 
Secretary in reviewing the application.
    Applicants should note the non-regulatory guidance provided on 
subsequent pages in regard to addressing the EDGAR selection criteria. 
Under the listed EDGAR criteria, selected provisions are quoted from 
the authorizing statute in order to indicate where applicants may 
appropriately address these provisions. These provisions are statutory 
requirements and must be addressed in order to receive a grant.
    The narrative must be limited to no more than 35 double-spaced, 
typed pages (on one side only), including appendices. This limit 
applies to the pages containing the narrative and any accompanying 
tables, graphs, and charts; regardless of the pagination shown on these 
pages, the total number of these pages must not exceed 35 sheets. The 
page limit does not apply to the application forms, assurances, 
certifications, and attachments to those forms, assurances, and 
certifications. Applications that exceed the page limit specified above 
will not be considered for funding.

Estimated Public Reporting Burden

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid MOB control number. The valid OMB control number for this 
information collection is 1885-0528. (Expiration date: April 1998). The 
time required to complete this information collection is estimated to 
average 120 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, D.C. 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, 600 Independence Avenue, S.W., Washington D.C. 
20202-6510.

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Guidance on Addressing the EDGAR Selection Criteria

    1. Meeting the purposes of the authorizing statute. (See section 
75.210(b)(1) of EDGAR)
    ``IN GENERAL.--The Secretary shall make grants, on a competitive 
basis, to State educational agencies or local educational agencies to 
pay the Federal share of the cost of innovative model programs 
providing for the establishment, improvement or expansion of foreign 
language study for elementary and secondary school students.''

(20 U.S.C. 7513)
    2. Extent of need for the project. (See section 75.210(b)(2) of 
EDGAR)
    3. Plan of operation. (See section 75.210(b)(3) of EDGAR)
    ``(b) SPECIAL CONSIDERATION.--The Secretary shall give special 
consideration to applications describing programs that--
    ``(1) include intensive summer foreign language programs for 
professional development;
    ``(2) Link non-native English speakers in the community with the 
schools in order to promote two-way language learning; or
    ``(3) promote the sequential study of a foreign language for 
students, beginning in elementary schools.''

(20 U.S.C. 7514)
    ``(1) GRANTS TO STATE EDUCATIONAL AGENCIES.--In awarding a grant 
under subsection (a) to a State educational agency, the Secretary shall 
support programs that promote systemic approaches to improving foreign 
language learning in the State.''
    ``(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.--In awarding a grant 
under subsection (a) to a local educational agency, the Secretary shall 
support programs that--
    ``(A) show promise of being continued beyond the grant period;
    ``(B) demonstrate approaches that can be disseminated and 
duplicated in other local educational agencies; and
    ``(C) may include a professional development component.''

(20 U.S.C. 7513)
    4. Quality of key personnel. (See section 75.210(b)(4) of EDGAR)
    5. Budget and cost effectiveness. (See section 75.210(b)(5) of 
EDGAR)
    ``(1) IN GENERAL.--The Federal share for each fiscal year shall be 
50 percent.
    ``(2) WAIVER.--The Secretary may waive the requirement of paragraph 
(1) for any local educational agency which the Secretary determines 
does not have adequate resources to pay the non-Federal share of the 
cost of the activities assisted under this part.''

(20 U.S.C. 7513)
    6. Evaluation plan. (See section 75.210(b)(6) of EDGAR)
    7. Adequacy of resources. (See section 75.210(b)(7) of EDGAR)

Foreign Language Assistance Program Grants to State Educational 
Agencies Additional Non-Regulatory Guidance

(Questions and Answers)

    Q. How can State educational agencies support programs that promote 
systemic approaches to improving foreign language learning in the 
States?
    A. Activities may include staff development, curriculum 
development, development of State standards and appropriate assessment 
strategies, and use of instructional technology to improve foreign 
language learning in the State.
    Q. How will the Secretary comply with the statutory requirement, 
set out in Section 7204(b) of the Elementary and Secondary Education 
Act, to give special consideration to applications that describe 
programs that (1) include intensive summer foreign language programs 
for professional development; (2) link non-native English speakers in 
the community; or (3) promote the sequential study of a foreign 
language for students, beginning in elementary schools?
    A. The Secretary has established a competitive priority to comply 
with this statutory requirement. Under that priority, the Secretary 
awards three additional points to applications that propose to carry 
out one or more of the activities specified in Section 7204(b) of the 
Act in a particularly effective way. These points would be in addition 
to any points the application earns under the Selection Criteria. This 
priority is set out in full in the Application Notice.
    Q. How can an applicant promote two-way language learning?
    A. Two-way language learning is promoted through encouraging 
interaction between non-native English speakers and foreign language 
learners in an instructional setting for purposes of facilitating 
foreign language acquisition. Although improvement of the English 
language skills of non-native English speakers is a desirable ancillary 
benefit of a project that utilizes two-way language learning, the 
primary focus of projects funded under the Foreign Language Assistance 
program must be on foreign language learning. As a consequence, funds 
received under the Foreign Language Assistance program should not be 
used to fund English language instruction.
    Q. What is the definition of ``elementary school''or ``secondary 
school?''
    A. The definitions of these two terms are set out in 34 CFR 
77.1(c). The term ``elementary school'' means: ``a day or residential 
school that provides elementary education, as determined under State 
law.'' The term ``secondary school'' means: ``a day or residential 
school that provides secondary education as determined under State law. 
In the absence of State law, the Secretary may determine, with respect 
to that State, whether the term includes education beyond the twelfth 
grade.''
    Q. What is the State or Lea's share of costs for the Foreign 
Language Assistance program for each fiscal year?
    A. The State or LEA's share is 50 percent. However, a waiver may be 
granted for an LEA if the Secretary determines that the LEA does not 
have adequate resources to pay the non-Federal share of the cost of the 
activities. (Section 7203(c), 20 U.S.C. 7513(c)). The Education 
Department General Administrative Regulations, at 34 CFR 80.24, also 
addresses Federal Cost sharing requirements.
    Q. How will the Secretary give priority to projects that teach 
Japanese, Chinese, Russian, Arabic or Korean?
    A. The Secretary awards five points to an application that meets 
the following competitive priority in a particularly effective way. 
These points would be in addition to any points the application earns 
under the Selection Criteria. This priority is set out in full in the 
Application Notice.
    Projects that propose to establish, improve or expand foreign 
language learning in the elementary grades and that focus on any of the 
following languages: Japanese, Chinese, Russian, Arabic or Korean.
    Q. What is the ultimate goal of effective foreign language 
education programs?
    A. The ultimate goal of effective foreign language education 
programs is to develop communicative competency in a foreign language. 
The Secretary interprets ``communicative competency'' to mean the 
ability to communicate in meaningful and effective ways in a foreign 
language.

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Notice to all Applicants

    Thank you for your interest in this program. The purpose of this 
enclosure is to inform you about a new provision in the Department of 
Education's General Education Provisions Act (GEPA) that applies to 
applicants for new grant awards under Department programs. This 
provision is section 427 of GEPA, enacted as part of the Improving 
America's Schools Act of 1994 (Pub. L 103-382).

To Whom Does This Provision Apply?

    Section 427 of GEPA affects applicants for new discretionary grant 
awards under this program. All applicants for new awards must include 
information in their applications to address this new provision in 
order to receive funding under this program.

What Does This Provision Require?

    Section 427 requires each applicant for funds (other than an 
individual person) to include in its application a description of the 
steps the applicant proposes to take to ensure equitable access to, and 
participation in, its federally-assisted program for students, 
teachers, and other program beneficiaries with special needs.
    This section allows applicants discretion in developing the 
required description. The statute highlights six types of barriers that 
can impede equitable access or participation that you may address: 
gender, race, national origin, color, disability, or age. Based on 
local circumstances, you can determine whether these or other barriers 
may prevent your students, teachers, etc. from equitable access or 
participation. Your description need not be lengthy; you may provide a 
clear and succinct description of how you plan to address those 
barriers that are applicable to your circumstances. In addition, the 
information may be provided in a single narrative, or, if appropriate, 
may be discussed in connection with related topics in the application.
    Section 427 is not intended to duplicate the requirements of civil 
rights statutes, but rather to ensure that, in designing their 
projects, applicants for Federal funds address equity concerns that may 
affect the ability of certain potential beneficiaries to fully 
participate in the project and to achieve to high standards. Consistent 
with program requirements and its approved application, an applicant 
may use the Federal funds awarded to it to eliminate barriers it 
identifies.

What Are Examples of How an Applicant Might Satisfy the Requirement of 
This Provision?

    The following examples may help illustrate how an applicant may 
comply with section 427.
    (1) An applicant that proposes to carry out an adult literacy 
project serving, among others, adults with limited English proficiency, 
might describe in its application how it intends to distribute a 
brochure about the proposed project to such potential participants in 
their native language.
    (2) An applicant that proposes to develop instructional materials 
for classroom use might describe how it will make the materials 
available on audio tape or in braille for students who are blind.
    (3) An applicant that proposes to carry out a model science program 
for secondary students and is concerned that girls may be less likely 
than boys to enroll in the course, might indicate how it tends to 
conduct ``outreach'' efforts to girls, to encourage their enrollment.
    We recognize that many applicants may already be implementing 
effective steps to ensure equity of access and participation in their 
grant programs, and we appreciate your cooperation in responding to the 
requirements of this provision.

Estimated 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 1801-0004 (Exp. 8/31/98). The time required 
to complete this information collection is estimated to vary from 1 to 
3 hours per response, with an average of 1.5 hours, including the time 
to review instructions, search existing data resources, gather and 
maintain the data needed, and complete and review the information 
collection. If you have any comments concerning the accuracy of the 
time estimate(s) or suggestions for improving this form, please write 
to: U.S. Department of Education, Washington, DC 20202-4651.

[FR Doc. 96-13092 Filed 5-23-96; 8:45 am]
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