26396 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices

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
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices 26397

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
26398 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices

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—NonConstruction 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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BILLING CODE 4000–01–C
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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, NonFederal 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 multiyear 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 nonregulatory 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 nonFederal 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 nonFederal 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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