Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4155 

If you mail your application through 

the U.S. Postal Service, we do 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. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications 

by Hand Delivery. 

If you qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You must deliver the original and 

two copies of your application by hand, 

on or before the application deadline 

date, to the Department at the following 

address: U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.299B), 550 12th 

Street, SW., Room 7041, Potomac Center 

Plaza, Washington, DC 20202–4260. 

The Application Control Center accepts 

hand deliveries daily between 8:00 a.m. 

and 4:30 p.m., Washington, DC time, 

except Saturdays, Sundays, and Federal 

holidays. 

Note for Mail or Hand Delivery of 

Paper Applications: If you mail or hand 

deliver your application to the 

Department— 

(1) You must indicate on the envelope 

and—if not provided by the 

Department—in Item 11 of the SF 424 

the CFDA number, including suffix 

letter, if any, of the competition under 

which you are submitting your 

application; and 

(2) The Application Control Center 

will mail to you a notification of receipt 

of your grant application. If you do not 

receive this notification within 15 

business days from the application 

deadline date, you should call the U.S. 

Department of Education Application 

Control Center at (202) 245–6288. 

V. Application Review Information 

Selection Criteria: The selection 

criteria for this competition are from 34 

CFR 263.6 and are listed in the 

application package. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may also notify you 

informally. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as directed by 

the Secretary under 34 CFR 75.118. The 

Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: The 

Secretary has established the following 

key performance measures for assessing 

the effectiveness of the Professional 

Development program: (1) The 

percentage of participants in 

administrator preparation projects who 

become principals, vice principals or 

other school administrators in LEAs that 

enroll five percent or more American 

Indian and Alaska Native students; (2) 

The percentage of participants in 

teacher preparation projects who 

become teachers in LEAs that enroll five 

percent or more American Indian and 

Alaska Native students; (3) The 

percentage of program participants who 

meet the definition of ‘‘Highly 

Qualified’’ in section 9101(23) of the 

ESEA; (4) The percentage of program 

participants who complete their service 

requirement on schedule; (5) The cost 

per individual who successfully 

completes an administrator preparation 

program, takes a position in a school 

district with at least five percent 

American Indian/Alaska Native 

enrollment, and completes the service 

requirement in such a district; and (6) 

The cost per individual who 

successfully completes a teacher 

preparation program, takes a position in 

such a school district with at least five 

percent American Indian/Alaska Native 

enrollment, and completes the service 

requirement in such a district. 

We encourage applicants to 

demonstrate a strong capacity to provide 

reliable data on these measures in their 

responses to the selection criteria 

‘‘Quality of project services’’ and 

‘‘Quality of the project evaluation.’’ 

All grantees will be expected to 

submit, as part of their performance 

report, information with respect to these 

performance measures. 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Lana Shaughnessy, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 3E231, Washington, DC 20202– 

6335. Telephone: (202) 205–2528 or by 

e-mail: Indian.education@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: January 15, 2009. 

Kerri L. Briggs, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. E9–1263 Filed 1–22–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Native Hawaiian Career and Technical 

Education Program (NHCTEP) Catalog 

of Federal Domestic Assistance 

(CFDA) Number: 84.259A 

AGENCY: Office of Vocational and Adult 

Education, Department of Education. 

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4156 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

ACTION: Notice of proposed 

requirements, definitions, and selection 

criteria. 

SUMMARY: The Assistant Secretary for 

Vocational and Adult Education 

proposes requirements, definitions, and 

selection criteria under the Native 

Hawaiian Career and Technical 

Education Program. The Assistant 

Secretary may use these requirements, 

definitions, and selection criteria in 

competitions in fiscal year (FY) 2009 

and later years. The requirements, 

definitions, and selection criteria 

proposed in this notice are very similar 

to those we used in the first competition 

we held (in FY 2007) for this program 

following the enactment in August 2006 

of the Carl D. Perkins Career and 

Technical Education Act of 2006 (Act). 

For that competition, we established the 

requirements, definitions, and selection 

criteria pursuant to a waiver of 

rulemaking under the authority of 

section 457(d) of the General Education 

Provisions Act. In this notice we are 

publishing and requesting public 

comment on proposed requirements, 

definitions, and selection criteria for 

NHCTEP that will govern a second 

competition, and may also govern 

subsequent competitions, for this 

program. 

DATES: We must receive your comments 

on or before February 23, 2009. 

ADDRESSES: Address all comments about 

this notice to Nancy Essey, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., room 11070, Potomac 

Center Plaza (PCP), Washington, DC 

20202–7241. 

If you prefer to send your comments 

by e-mail, use the following address: 

nancy.essey@ed.gov. You must include 

the term Native Hawaiian Career and 

Technical Education Program in the 

subject line of your electronic message. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Essey. Telephone: (202) 245– 

7789. Fax: (202) 245–7170 or by e-mail: 

nancy.essey@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding this 

notice. To ensure that your comments 

have maximum effect in developing the 

notice of final requirements, definitions, 

and selection criteria, we urge you to 

identify clearly the specific proposed 

requirements, definitions, and selection 

criteria that each comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these proposed requirements, 

definitions, and selection criteria. Please 

let us know of any further ways we 

could reduce potential costs or increase 

potential benefits while preserving the 

effective and efficient administration of 

the program. 

During and after the comment period, 

you may inspect all public comments 

about this notice in room 11070, 550 

12th Street, SE., Washington, DC, 

between the hours of 8:30 a.m. and 4:00 

p.m., Washington, DC time, Monday 

through Friday of each week except 

Federal holidays. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this notice. If you want to 

schedule an appointment for this type of 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Purpose of Program: The Native 

Hawaiian Career and Technical 

Education Program provides grants to 

eligible applicants to plan, conduct, and 

administer programs, or portions of 

programs, that are authorized by and 

consistent with the purposes of section 

116 of the Act for the benefit of Native 

Hawaiians. 

Program Authority: 20 U.S.C. 2326(a)– 

(h). 

Proposed Requirements: 

Background: 

Under section 116(h) of the Act, the 

Secretary is authorized to award grants 

under the NHCTEP to eligible 

community-based organizations to plan, 

conduct, and administer programs, or 

portions thereof, which are consistent 

with the purposes of section 116 of the 

Act, for the benefit of Native Hawaiians. 

Section 116(e) of the Act provides that 

educational programs, services, and 

activities funded under section 116 

must support and help to improve 

career and technical education 

programs. (20 U.S.C. 2326(e)) This 

requirement, along with the statutory 

definition of career and technical 

education, aligns NHCTEP with other 

programs authorized under the Act that 

require grantees to offer a sequence of 

courses that provides individuals with 

coherent and rigorous content aligned 

with challenging academic standards 

and relevant technical knowledge and 

skills needed to prepare for further 

education and careers in current or 

emerging professions. (20 U.S.C. 

2302(5)) 

While section 116(e) of the Act 

requires grantees to use funds awarded 

by the Department to support and help 

to improve career and technical 

education, it does not identify specific 

types of programs, services, and 

activities that are consistent with the 

purposes of section 116. The 

requirements proposed in the 

Authorized Programs, Services, and 

Activities section of this notice include 

examples of the activities that the 

Assistant Secretary views as being 

consistent with the purposes of section 

116. In this section, we also describe 

those activities that we believe meet the 

definition of ‘‘expansion’’ of NHCTEP 

projects, consistent with the purposes of 

the Act. More specifically, we explain 

our interpretation of the terms 

‘‘expansion’’ and ‘‘improvement’’ and 

specify those programs, services, and 

activities that the Assistant Secretary 

believes inherently improve career and 

technical education. 

Section 116 of the Act also does not 

address situations in which a project 

plans to use NHCTEP funds to provide 

students with stipends or other forms of 

assistance. Accordingly, we are 

proposing in this notice requirements 

for those NHCTEP projects that choose 

to provide student stipends. These 

include requirements for determining 

whether a student qualifies for a 

stipend, recordkeeping requirements, 

and the procedure for calculating 

stipends. We also propose requirements 

that grantees must meet if they decide 

to provide ‘‘direct assistance to 

students’’ using NHCTEP funds. 

A number of NHCTEP grantees 

traditionally have not provided career 

and technical education to Native 

Hawaiian students directly, but instead 

have provided NHCTEP funds to 

qualified educational entities that have 

served Native Hawaiian students. In 

such instances, we believe a written 

agreement that describes the 

commitments and responsibilities of 

each party would improve 

accountability and would help ensure 

that students receive services that have 

been thoughtfully developed and 

planned, consistent with applicable 

Federal requirements. This notice 

includes several proposed requirements 

for a written agreement between the 

grantee and the educational institution 

providing services directly. 

The Government Performance and 

Results Act of 1993 (GPRA) requires 

Federal departments and agencies to 

describe clearly the goals and objectives 

of their programs, identify resources and 

actions needed to accomplish these 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4157 

goals and objectives, develop a means of 

measuring progress made, and regularly 

report on their achievement. To meet 

our obligations under GPRA, we are 

proposing several performance 

measures for projects awarded funds 

under this program and to require 

grantees to conduct an independent 

evaluation of their projects. Information 

from the proposed GPRA core factors 

and measures would provide a means 

for the Department to evaluate the 

overall effectiveness of the NHCTEP. 

Further, we believe that the proposed 

evaluation requirements for an 

independent evaluator and formative 

and summative evaluations, which are 

paid for by the grant, would provide 

grantees with valuable objective 

information on the effectiveness of their 

project. Grantees and the Assistant 

Secretary would be able to use this 

evaluative information to guide and 

improve projects and determine the 

quality of project activities. 

Proposed Requirements: 

Consistent with the Act, the Assistant 

Secretary proposes the following 

requirements for this program. We may 

apply these requirements in any year in 

which this program is in effect. 

I. Authorized Programs, Services, and 

Activities: 

(a) Authorized Programs. In 

accordance with section 116(e) of the 

Act, under this program, NHCTEP 

projects must— 

(1) Develop new programs, services, 

or activities or improve or expand 

existing programs, services, or activities 

that are consistent with the purposes of 

the Act. In other words, the Department 

will support ‘‘expansions’’ or 

‘‘improvements’’ that include, but are 

not necessarily limited to, the expansion 

of effective programs or practices; 

upgrading of activities, equipment, or 

materials; increasing staff capacity; 

adoption of new technology; 

modification of curriculum; or 

implementation of new policies to 

improve program effectiveness and 

outcomes; and 

(2) Fund a career and technical 

education program, service, or activity 

that— 

(i) Is a new program, service, or 

activity that was not provided by the 

applicant during the instructional term 

(a defined period, such as a semester, 

trimester, or quarter, within the 

academic year) that preceded the 

request for funding under NHCTEP; 

(ii) Will improve or expand an 

existing career and technical education 

program; or 

(iii) Inherently improves career and 

technical education. A program, service, 

or activity ‘‘inherently improves career 

and technical education’’ if it— 

(A) Develops new career and 

technical education programs of study 

for approval by the appropriate 

accreditation agency; 

(B) Strengthens the rigor of the 

academic and career and technical 

components of funded programs; 

(C) Uses curriculum that is aligned 

with industry-recognized standards and 

will result in students attaining 

industry-recognized credentials, 

certificates, or degrees; 

(D) Integrates academics (other than 

remedial courses) with career and 

technical education programs through a 

coherent sequence of courses to help 

ensure learning in the core academic 

and career and technical subjects; 

(E) Links career and technical 

education at the secondary level with 

career and technical education at the 

postsecondary level, and facilitates 

students’ pursuit of a baccalaureate 

degree; 

(F) Expands the scope, depth, and 

relevance of curriculum, especially 

content that provides students with a 

comprehensive understanding of all 

aspects of an industry and a variety of 

hands-on, job-specific experiences; or 

(G) Offers— 

(1) Work-related experience, 

internships, cooperative education, 

school-based enterprises, studies in 

entrepreneurship, community service 

learning, and job shadowing that are 

related to career and technical 

education programs; 

(2) Coaching/mentoring, support 

services, and extra help for students 

after school, on the weekends, or during 

the summer so they can meet higher 

standards; 

(3) Career guidance and academic 

counseling for students participating in 

career and technical education programs 

under NHCTEP; 

(4) Placement services for students 

who have successfully completed career 

and technical education programs and 

attained a technical skill proficiency 

that is aligned with industry-recognized 

standards; 

(5) Professional development 

programs for teachers, counselors, and 

administrators; 

(6) Strong partnerships among 

grantees and local educational agencies, 

postsecondary institutions, community 

leaders, adult education providers, and, 

as appropriate, other entities, such as 

employers, labor organizations, parents, 

and local partnerships, to enable 

students to achieve State academic 

standards and attain career and 

technical skills; 

(7) The use of student assessment and 

evaluation data to improve continually 

instruction and staff development; or 

(8) Research, development, 

demonstration, dissemination, 

evaluation and assessment, capacitybuilding, and technical assistance 

related to career and technical 

education programs. 

(b) Student stipends. 

(1) A portion of an award under this 

program may be used to provide 

stipends (as defined elsewhere in this 

notice under the heading Proposed 

Definitions) to help students meet the 

costs of participation in a NHCTEP 

project. 

(2) To be eligible for a stipend a 

student must— 

(i) Be enrolled in a career and 

technical education project funded 

under this program; 

(ii) Be in regular attendance in a 

NHCTEP project and meet the training 

institution’s attendance requirement; 

(iii) Maintain satisfactory progress in 

his or her program of study according to 

the training institution’s published 

standards for satisfactory progress; and 

(iv) Have an acute economic need 

that— 

(A) Prevents participation in a project 

funded under this program without a 

stipend; and 

(B) Cannot be met through a workstudy program. 

(3) The amount of a stipend is the 

greater of either the minimum hourly 

wage prescribed by State or local law, or 

the minimum hourly wage established 

under the Fair Labor Standards Act. 

(4) A grantee may award a stipend 

only if the stipend combined with other 

resources the student receives does not 

exceed the student’s financial need. A 

student’s financial need is the difference 

between the student’s cost of attendance 

and the financial aid or other resources 

available to defray the student’s cost of 

attending a NHCTEP project. 

(5) To calculate the amount of a 

student’s stipend, a grantee must 

multiply the number of hours a student 

actually attends career and technical 

education instruction by the amount of 

the minimum hourly wage that is 

prescribed by State or local law or by 

the minimum hourly wage that is 

established under the Fair Labor 

Standards Act. The grantee must reduce 

the amount of a stipend if necessary to 

ensure that it does not exceed the 

student’s financial need. 

Example: If a grantee uses the Fair 

Labor Standards Act minimum hourly 

wage of $7.25 and a student attends 

classes for 20 hours a week, the 

student’s stipend would be $145 for the 

week during which the student attends 

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4158 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

classes ($7.25 × 20 = $145). If the 

program lasts 16 weeks and the 

student’s total financial need is $2,000, 

the grantee must reduce the weekly 

stipend to $125, because the total 

stipend for the course would otherwise 

exceed the student’s financial need by 

$320 (or $20 a week). 

Note: Grantees must maintain records that 

fully support their decisions to award 

stipends to students, as well as the amounts 

that are paid, such as proof of a student’s 

enrollment in the NHCTEP project, stipend 

applications, timesheets showing the number 

of hours of student attendance that are 

confirmed in writing by an instructor, 

student financial status information, and 

evidence that a student could not participate 

in the NHCTEP project without a stipend. 

(See generally 20 U.S.C. 1232f; 34 CFR 

75.700–75.702; 75.730; and 75.731.) 

(6) An eligible student may earn a 

stipend when taking a course for the 

first time, although a stipend may not be 

provided to a student for a particular 

course if the student has already taken, 

completed, and had the opportunity to 

benefit from the course and is merely 

repeating the course. 

(7) An applicant must include, in its 

application, the procedure it intends to 

use in determining student eligibility for 

stipends and stipend amounts, and its 

oversight procedures for the awarding 

and payment of stipends. 

(c) Direct assistance to students. A 

grantee may provide direct assistance 

(as defined elsewhere in this notice 

under the heading Proposed Definitions) 

to a student only if the following 

conditions are met: 

(1) The recipient of the direct 

assistance is an individual who is a 

member of a special population (as 

defined in section 3(29) of the Act) and 

who is participating in a NHCTEP 

project. 

(2) The direct assistance is needed to 

address barriers to the individual’s 

successful participation in a NHCTEP 

project. 

(3) The direct assistance is part of a 

broader, more generally focused 

program or activity for addressing the 

needs of an individual who is a member 

of a special population. 

Note: Direct assistance to individuals who 

are members of special populations is not, by 

itself, a ‘‘program or activity for special 

populations.’’ 

(4) The grant funds used for direct 

assistance must be expended to 

supplement, and not supplant, 

assistance that is otherwise available 

from non-Federal sources. For example, 

generally, a community-based 

organization could not use NHCTEP 

funds to provide child care for single 

parents if non-Federal funds previously 

were made available for this purpose, or 

if non-Federal funds are used to provide 

child care services for single parents 

participating in non-career and 

technical education programs and these 

services otherwise (in the absence of 

NHCTEP funds) would have been 

available to career and technical 

education students. 

(5) In determining how much of the 

NHCTEP grant funds it will use for 

direct assistance to an eligible student, 

a grantee— 

(i) May only provide assistance to the 

extent that it is needed to address 

barriers to the individual’s successful 

participation in career and technical 

education; and 

(ii) Considers whether the specific 

services to be provided are a reasonable 

and necessary cost of providing career 

and technical education programs for 

special populations. However, the 

Secretary does not envision a 

circumstance in which it would be a 

reasonable and necessary expenditure of 

NHCTEP project funds for a grantee to 

utilize a majority of a project’s budget to 

pay direct assistance to students, in lieu 

of providing the students served by the 

project with career and technical 

education. 

(d) Career and technical education 

agreement. Any applicant that is not 

proposing to provide career and 

technical education directly to Native 

Hawaiian students and proposes instead 

to pay one or more qualified educational 

entities to provide such career and 

technical education to Native Hawaiian 

students must include with its 

application a written career and 

technical education agreement between 

the applicant and the educational entity. 

The written agreement must describe 

the commitment between the applicant 

and the educational entity and must 

include, at a minimum, a statement of 

the responsibilities of the applicant and 

the entity. The agreement must be 

signed by the appropriate individuals 

on behalf of each party, such as the 

authorizing official or administrative 

head of the applicant Native Hawaiian 

community-based organization. 

(e) Supplement-Not-Supplant. 

Grantees may not use funds under 

NHCTEP to replace otherwise available 

non-Federal funding for ‘‘direct 

assistance to students’’ (as defined 

elsewhere in this notice under the 

heading Proposed Definitions) and 

family assistance programs. For 

example, NHCTEP funds must not be 

used to supplant non-Federal funds to 

pay the costs of students’ tuition, 

dependent care, transportation, books, 

supplies, and other costs associated 

with participation in a career and 

technical education program. 

Further, funds under NHCTEP may 

not be used to replace Federal student 

financial aid. The Act does not 

authorize the Secretary to fund projects 

that serve primarily as entities through 

which students may apply for and 

receive tuition and other financial 

assistance. 

II. Evaluation Requirements: 

To help ensure the high quality of 

NHCTEP projects and the achievement 

of the goals and purposes of section 

116(h) of the Act, each grantee must 

budget for and conduct an ongoing 

evaluation of the effectiveness of its 

project. An independent evaluator must 

conduct the evaluation. The evaluation 

must— 

(a) Be appropriate for the project and 

be both formative and summative in 

nature; and 

(b) Include— 

(1) Collection and reporting of the 

performance measures for NHCTEP that 

are identified in the Performance 

Measures section of this notice; and 

(2) Qualitative and quantifiable data 

with respect to— 

(i) Academic and career and technical 

competencies demonstrated by the 

participants and the number and kinds 

of academic and work credentials 

acquired by individuals, including their 

participation in programs providing 

skill proficiency assessments, industry 

certifications, or training at the associate 

degree level that is articulated with an 

advanced degree option; 

(ii) Enrollment, completion, and 

placement of participants by gender, for 

each occupation for which training was 

provided; 

(iii) Job or work skill attainment or 

enhancement, including participation in 

apprenticeship and work-based learning 

programs, and student progress in 

achieving technical skill proficiencies 

necessary to obtain employment in the 

field for which the student has been 

prepared, including attainment or 

enhancement of technical skills in the 

industry the student is preparing to 

enter; 

(iv) Activities, during the formative 

stages of the project, to help guide and 

improve the project, as well as a 

summative evaluation that includes 

recommendations for disseminating 

information on project activities and 

results; 

(v) The number and percentage of 

students who obtained industryrecognized credentials, certificates, or 

degrees; 

(vi) The outcomes of students’ 

technical assessments, by type and 

scores, if available; 

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(vii) The rates of attainment of a 

proficiency credential or certificate, in 

conjunction with a secondary school 

diploma; 

(viii) The effectiveness of the project, 

including a comparison between the 

intended and observed results and a 

demonstration of a clear link between 

the observed results and the specific 

treatment given to project participants; 

(ix) The extent to which information 

about or resulting from the project was 

disseminated at other sites, such as 

through the grantee’s development and 

use of guides or manuals that provide 

step-by-step directions for practitioners 

to follow when initiating similar efforts; 

and 

(x) The impact of the project, e.g., 

follow-up data on students’ 

employment, sustained employment, 

promotions, further and continuing 

education or training, or the impact the 

project had on Native Hawaiian 

economic development or career and 

technical education activities. 

III. Performance Measures: The 

Assistant Secretary proposes the 

following core factors and measures for 

evaluating the overall effectiveness of 

the NHCTEP and projects supported 

under this program. 

(a) Number of Secondary, 

Postsecondary, and Adult Projects. The 

number of secondary, postsecondary, 

and adult programs that— 

(1) Apply industry-recognized skill 

standards so that students can earn skill 

certificates in those projects; and 

(2) Offer skill competencies, related 

assessments, and industry-recognized 

skill certificates in an area of study 

offered by secondary and postsecondary 

institutions. 

(b) Secondary Projects. The 

percentage of participating secondary 

career and technical education students 

who— 

(1) Meet or exceed State proficiency 

standards in reading/language arts and 

mathematics; 

(2) Attain a secondary school diploma 

or its State-recognized equivalent, or a 

proficiency credential in conjunction 

with a secondary school diploma; 

(3) Attain career and technical 

education skill proficiencies aligned 

with industry-recognized standards; and 

(4) Are placed in postsecondary 

education, advanced training, military 

service, or employment in high-skill, 

high-wage, and high-demand 

occupations or in current or emerging 

occupations. 

(c) Postsecondary Projects. 

The percentage of participating 

postsecondary students in career and 

technical education programs who— 

(1) Receive postsecondary degrees, 

certificates, or credentials; 

(2) Attain career and technical 

education skill proficiencies aligned 

with industry-recognized standards; 

(3) Receive industry-recognized 

credentials, certificates, or degrees; 

(4) Are retained in postsecondary 

education or transfer to a baccalaureate 

degree program; and 

(5) Are placed in military service or 

apprenticeship programs, or are placed 

in employment, receive an employment 

promotion, or retain employment. 

(d) Adult Projects. The percentage of 

participating adult career and technical 

education students who— 

(1) Enroll in a postsecondary 

education or training program; 

(2) Attain career and technical 

education skill proficiencies aligned 

with industry-recognized standards; 

(3) Receive industry-recognized 

credentials, certificates, or degrees; and 

(4) Are placed in employment, receive 

an employment promotion, or retain 

employment. 

Note: All grantees must submit an annual 

performance report addressing these 

performance measures, to the extent feasible 

and to the extent that they apply to each 

grantee’s NHCTEP project. 

Proposed Definitions: 

Background: 

The Act authorizes specific uses of 

funds for, and contains definitions for 

many key terms applicable to, NHCTEP. 

The Act does not, however, define all 

terms or all key activities and services 

relevant to NHCTEP. Experience from 

previous competitions has shown us 

that without concise definitions of 

terms, applicants and grantees often 

develop approaches that are 

inconsistent with the purposes of the 

Act and accepted historical practice in 

career and technical education 

programs. In this notice we propose 

definitions of key terms not defined in 

the Act, to eliminate confusion and 

ensure that grantees provide services 

that are consistent with the Act and that 

increase students’ chances of success in 

attaining career and technical education 

and skills. 

Proposed Definitions: 

The Assistant Secretary proposes the 

following definitions for NHCTEP 

program terms not defined in the Act. 

We may apply these definitions in any 

year in which this program is in effect. 

Acute economic need means an 

income that is at or below the national 

poverty level according to the latest 

available data from the U.S. Department 

of Commerce or the U.S. Department of 

Health and Human Services Poverty 

Guidelines. 

Coherent sequence of courses means a 

series of courses in which career and 

academic education is integrated, and 

that directly relates to, and leads to, 

both academic and occupational 

competencies. The term includes 

competency-based education and 

academic education, and adult training 

or retraining, including sequential units 

encompassed within a single adult 

retraining course that otherwise meets 

the requirements of this definition. 

Direct assistance to students means 

tuition, dependent care, transportation, 

books, and supplies that are necessary 

for a student to participate in a project 

funded under this program. 

Stipend means a subsistence 

allowance— 

(a) For a student who is enrolled in a 

career and technical education program 

funded under the NHCTEP; 

(b) For a student who has an acute 

economic need that cannot be met 

through work-study programs; and 

(c) That is necessary for the student to 

participate in a project funded under 

this program. 

Proposed Selection Criteria: 

Background: 

Our experience with administering 

competitions for a variety of career and 

technical education programs, including 

feedback from peer reviewers, 

applicants, and funded grantees, 

demonstrates that using programspecific selection criteria improves our 

ability to select high-quality projects 

that are specifically focused on the goals 

and purposes of a particular program. In 

addition to providing precise focus, we 

believe the proposed selection criteria 

would enable us to (1) emphasize 

specific aspects of projects that typically 

result in better-quality projects, e.g., 

project design, project management, 

experience and qualifications of 

personnel, resources available for 

project activities, and project evaluation 

and (2) ensure that projects propose to 

expand and improve the effectiveness of 

NHCTEPs. 

Proposed Selection Criteria: 

The Assistant Secretary proposes the 

following selection criteria for 

evaluating an application under this 

program. We may apply one or more of 

these criteria in any year in which this 

program is in effect. In the notice 

inviting applications or the application 

package, or both, we will announce the 

maximum possible points assigned to 

each criterion. 

(a) Quality of the project design. In 

determining the quality of the design of 

the proposed project, we consider the 

following factors: 

(1) The extent to which the design of 

the proposed project is appropriate to 

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and will successfully address the needs 

of the target population or other 

identified needs (as evidenced by such 

data as local labor market demand, 

occupational trends, and surveys). 

(2) The extent to which goals, 

objectives, and outcomes are clearly 

specified and measurable. (For example, 

we look for clear descriptions of 

proposed student career and technical 

education activities; recruitment and 

retention strategies; expected student 

enrollments, completions, and 

placements in jobs, military specialties, 

and continuing education/training 

opportunities; the number of teachers, 

counselors, and administrators to be 

trained; and identification of 

requirements for each program of study 

to be provided under the project, 

including related training areas and a 

description of performance outcomes.) 

(3) The extent to which the proposed 

project will establish linkages with 

other appropriate agencies (e.g., 

community, State, and other Federal 

resources) and organizations providing 

services to the target population in order 

to improve services to students and 

strengthen outcomes for the proposed 

project. 

(4) The extent to which the services 

to be provided by the proposed project 

will create and offer activities that focus 

on enabling participants to obtain the 

skills necessary to gain employment in 

high-skill, high-wage, and high-demand 

occupations in emerging fields or in a 

specific career field. 

(5) The extent to which the services 

to be provided by the proposed project 

will create opportunities for students to 

acquire skills identified by the State at 

the secondary level or by industryrecognized career and technical 

education programs for licensure, 

degree, certification, or as required by a 

career or profession. 

(6) The extent to which the proposed 

project will provide opportunities for 

high-quality training or professional 

development services that— 

(i) Are of sufficient quality, intensity, 

and duration to lead to improvements in 

practice among instructional personnel; 

(ii) Will improve and increase 

instructional personnel’s knowledge 

and skills to help students meet 

challenging and rigorous academic and 

career and technical skill proficiencies; 

(iii) Will advance instructional 

personnel’s understanding of effective 

instructional strategies that are 

supported by scientifically based 

research; and 

(iv) Include professional development 

plans that clearly address ways in 

which learning gaps will be addressed 

and how continuous review of 

performance will be conducted to 

identify training needs. 

(b) Quality of the management plan. 

In determining the quality of the 

management plan for the proposed 

project, we consider the following 

factors: 

(1) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and the 

milestones and performance standards 

for accomplishing project tasks. 

(2) The extent to which the time 

commitments of the project director and 

other key project personnel, including 

instructors, are appropriate and 

adequate to meet the objectives of the 

proposed project. 

(3) The adequacy of procedures for 

ensuring feedback and continuous 

improvement in the operation of the 

proposed project. 

(c) Quality of data collection plan. In 

determining the quality of the data 

collection plan, we consider the 

following factors: 

(1) The adequacy of procedures and 

methods for collecting data. 

(2) The adequacy of the data 

collection plan in allowing comparison 

with other similar secondary, 

postsecondary, and adult career and 

technical education programs. 

(d) Quality of project personnel. In 

determining the quality of project 

personnel, we consider the following 

factors: 

(1) The extent to which the applicant 

encourages applications for employment 

from persons who are members of 

groups that have traditionally been 

underrepresented based on race, color, 

national origin, gender, age, or 

disability. 

(2) The qualifications, including 

relevant training, expertise, and 

experience, of the project director. 

(3) The qualifications, including 

relevant training, expertise, and 

experience, of key project personnel, 

especially the extent to which the 

project will use instructors who are 

certified to teach in the field in which 

they will provide instruction. 

(4) The qualifications, including 

training, expertise, and experience, of 

project consultants. 

(e) Adequacy of resources. In 

determining the adequacy of resources 

for the proposed project, we consider 

the following factors: 

(1) The adequacy of support, 

including facilities, equipment, 

supplies, and other resources, from the 

applicant organization(s) and the 

entities to be served, including the 

evidence and relevance of commitments 

(e.g., articulation agreements, 

memoranda of understanding, letters of 

support, or commitments to employ 

project participants) of the applicant, 

local employers, or entities to be served 

by the project. 

(2) The extent to which the budget is 

adequate and costs are reasonable in 

relation to the objectives and design of 

the proposed project. 

(3) The potential for continued 

support of the project after Federal 

funding ends. 

(f) Quality of the project evaluation. In 

determining the quality of the 

evaluation, we consider the following 

factors: 

(1) The extent to which the methods 

of evaluation proposed by the grantee 

are thorough, feasible, and appropriate 

to the goals, objectives, and outcomes of 

the proposed project. 

(2) The extent to which the methods 

of evaluation include the use of 

objective performance measures that are 

clearly related to the intended outcomes 

of the project and the performance 

measures discussed elsewhere in this 

notice and will produce quantitative 

and qualitative data, to the extent 

possible. 

(3) The extent to which the methods 

of evaluation will provide performance 

feedback and continuous improvement 

toward achieving intended outcomes. 

(4) The quality of the proposed 

evaluation to be conducted by an 

external evaluator with the necessary 

background and technical expertise to 

carry out the evaluation. 

Final Requirements, Definitions, and 

Selection Criteria: 

We will announce the final 

requirements, definitions, and selection 

criteria in a notice in the Federal 

Register. We will determine the final 

requirements, definitions, and selection 

criteria after considering any comments 

submitted in response to this notice and 

other information available to the 

Department. This notice does not 

preclude us from proposing additional 

priorities, requirements, definitions, or 

selection criteria, subject to meeting 

applicable rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use these requirements, definitions, and 

selection criteria, we invite applications 

through a notice in the Federal Register. 

Executive Order 12866: This notice 

has been reviewed in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this 

proposed regulatory action. 

The potential costs associated with 

this proposed regulatory action are 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4161 

those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering this program effectively 

and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this proposed regulatory 

action, we have determined that the 

benefits of the proposed requirements, 

definitions, and selection criteria justify 

the costs. 

We have determined, also, that this 

proposed regulatory action does not 

unduly interfere with State, local, and 

tribal governments in the exercise of 

their governmental functions. 

Discussion of Costs and Benefits: 

Elsewhere in this notice we discuss 

the potential costs and benefits, both 

quantitative and qualitative, of the 

proposed evaluation requirements. We 

also discuss the benefits of the other 

proposed requirements, definitions and 

selection criteria. 

In addition, we do not believe the 

proposed requirements, definitions, and 

selection criteria will increase the 

amount of time it takes to prepare an 

application. During the first competition 

under this program, the Department 

estimated that community-based 

organizations would spend 120 hours 

preparing an application, and we 

continue to believe that is a correct 

estimate. The application package for 

the NHCTEP (approved by the Office of 

Management and Budget through June 

30, 2010 under 1830–0564) included the 

same requirements, definitions, and 

selection criteria that are in this notice. 

We also believe that these proposed 

requirements, definitions, and selection 

criteria will improve the ability of 

eligible applicants to write applications 

that better address the purposes of the 

NHCTEP and to operate projects that are 

consistent with the Act. 

Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., Braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: www.gpoaccess.gov/nara/ 

index.html. 

Dated: January 16, 2009. 

Troy R. Justesen, 

Assistant Secretary for Vocational and Adult 

Education. 

[FR Doc. E9–1456 Filed 1–22–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Elementary and Secondary 

Education; Overview Information: 

Native Hawaiian Education Program; 

Notice Inviting Applications for New 

Awards for Fiscal Year (FY) 2009 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.362A. 

DATES: 

Applications Available: January 23, 

2009. 

Deadline for Transmittal of 

Applications: March 24, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the Native Hawaiian Education program 

is to support innovative projects that 

enhance the educational services 

provided to Native Hawaiian children 

and adults. These projects may include 

those activities authorized under section 

7205(a)(3) of the Elementary and 

Secondary Education Act of 1965, as 

amended (ESEA). 

Note: Construction, renovation, or 

modernization of any elementary school, 

secondary school, or structure related to an 

elementary school or secondary school, run 

by the Department of Education of the State 

of Hawaii, that serves a predominantly 

Native Hawaiian student body will be a 

permissible activity under this competition 

only if Congress specifically authorizes the 

use of FY 2009 funds for that purpose. 

Priorities: In accordance with 34 CFR 

75.105(b)(2)(iv), competitive preference 

priorities (a) through (d) are from 

section 7205(a)(2) of the ESEA (20 

U.S.C. 7515(a)(2)). Competitive 

preference priority (e) is from the notice 

of final discretionary grant priorities for 

FY 2009, published in the Federal 

Register on November 21, 2008 (73 FR 

70627). 

Competitive Preference Priorities: For 

FY 2009 and any subsequent year in 

which we make awards from the list of 

unfunded applicants from this 

competition, these priorities are 

competitive preference priorities. Under 

34 CFR 75.105(c)(2)(i) we award up to 

an additional five points (total) to an 

application, depending on how well the 

application meets one or more of these 

priorities. 

These priorities are: 

(a) Projects that are designed to 

address beginning reading and literacy 

among students in kindergarten through 

third grade. 

(b) Projects that are designed to 

address the needs of at-risk children and 

youth. 

(c) Projects that are designed to 

address the needs in fields or 

disciplines in which Native Hawaiians 

are underemployed. 

(d) Projects that are designed to 

address the use of the Hawaiian 

language in instruction. 

(e) Projects that support activities and 

interventions aimed at improving the 

academic achievement of secondary 

school students who are at greatest risk 

of not meeting challenging State 

academic standards and not completing 

high school. 

Note: In order to receive additional points 

under a competitive preference priority, an 

application should provide adequate and 

sufficient information that clearly 

substantiates its claim that it meets each 

priority addressed. 

Program Authority: 20 U.S.C. 7511– 

7517. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 74, 75, 77, 80, 81, 82, 84, 

85, 86, 97, 98, and 99. (b) The notice of 

final discretionary grant priorities for 

FY 2009, published in the Federal 

Register on November 21, 2008 (73 FR 

70627). 

Note: The regulations in 34 CFR part 86 

apply to institutions of higher education 

only. 

II. Award Information 

Type of Award: Discretionary grant. 

Estimated Available Funds: The 

Administration’s budget request for FY 

2009 does not include funds for this 

program. However, we are inviting 

applications to allow enough time to 

complete the grant process before the 

end of the current fiscal year if Congress 

appropriates funds for this program. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in FY 

2010 from the list of unfunded 

applicants from this competition. 

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