[Federal Register Volume 59, Number 208 (Friday, October 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26865]
[Federal Register: October 28, 1994]
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Part VI
Department of Education
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Office of Elementary and Secondary Education
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34 CFR Part 200, et al.
Title I--Helping Disadvantaged Children Meet High Standards; Proposed
Rule
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
34 CFR Parts 200, 201, 203, and 212
Title I--Helping Disadvantaged Children Meet High Standards
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Request for advice and recommendations on regulatory issues
under Title I of the Elementary and Secondary Education Act.
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SUMMARY: The Assistant Secretary for Elementary and Secondary Education
(Assistant Secretary) solicits advice and recommendations from the
public--including Federal, State, and local administrators, parents,
teachers, and members of local boards of education--prior to publishing
proposed regulations to implement programs under Title I (formerly
Chapter 1 of Title I) of the Elementary and Secondary Education Act of
1965, as recently amended. Programs under Title I are designed to help
disadvantaged children meet high academic standards and include
programs operated by local educational agencies in high-poverty schools
(Part A), Even Start family literacy programs (Part B), programs for
migratory children (Part C), and prevention and intervention programs
for children and youth who are neglected, delinquent, or at risk of
dropping out (Part D).
DATES: Written comments must be received on or before November 22,
1994.
ADDRESSES: All comments concerning programs under Part A, Part B, and
Part D should be addressed to Mary Jean LeTendre, Director,
Compensatory Education Programs, Office of Elementary and Secondary
Education, U.S. Department of Education, 600 Independence Avenue SW.,
Portals Building, room 4400, Washington, DC 20202-6132. Internet
addresses for submitting comments are as follows: Part A--
[email protected]; Part B--Even__Start@ed.gov; and Part D--TitleI__N-
[email protected] The fax number for programs under Parts A, B, and D is (202)
260-7764.
All comments concerning programs under Part C should be addressed
to Bayla White, Director, Office of Migrant Education, Office of
Elementary and Secondary Education, U.S. Department of Education, 600
Independence Avenue SW., Portals Building, room 4100, Washington, DC
20202-6135. The Internet address for programs under Part C is
TitleI__Migrant@ed.gov. The fax number for programs under Part C is
(202) 205-0089.
FOR FURTHER INFORMATION CONTACT: For programs under Part A, Wendy Jo
New, Telephone (202) 260-0982; for programs under Part B, Patricia
McKee, Telephone (202) 260-0991; for programs under Part D, William
Lobosco, Telephone (202) 260-0823: Compensatory Education Programs,
Office of Elementary and Secondary Education, U.S. Department of
Education, 600 Independence Avenue SW., Portals Building, room 4400,
Washington, DC 20202-6132. For programs under Part C, James English,
Office of Migrant Education, Office of Elementary and Secondary
Education, U.S. Department of Education, 600 Independence Avenue SW.,
Portals Building, room 4100, Washington, DC 20202-6135. Telephone:
(202) 260-1394.
Individuals who use a telecommunications device for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
On October 20, 1994, the President signed into law Pub. L. 103-382,
the ``Improving America's Schools Act of 1994,'' amending the
Elementary and Secondary Education Act of 1965 (ESEA). Title I of the
ESEA reauthorizes, for a five-year period, programs currently under
Chapter 1 of Title I of the ESEA. Programs under Title I are designed
to help disadvantaged children meet high academic standards and include
programs operated by local educational agencies in high-poverty schools
(Part A), Even Start family literacy programs (Part B), programs for
migratory children (Part C), and prevention and intervention programs
for children and youth who are neglected, delinquent, or at risk of
dropping out (Part D).
The Department intends to encourage broad State and local
flexibility in implementing programs under Title I. In particular, the
Department intends to issue regulations only where absolutely
necessary--for example, where the statute requires a regulation or
where a regulation would provide flexibility for States, school
districts, and schools. The Department will also provide nonbinding
guidance, including through a Policy Manual, respecting legal and
policy issues under the Title I programs. This nonregulatory guidance
can serve to inform parents, schools, school districts, States, and
other affected parties of the flexibility that exists under the
statute, including multiple approaches that may be available in
carrying out the statute's requirements.
The Assistant Secretary invites advice and recommendations from
interested parties--including Federal, State, and local administrators,
parents, teachers, and members of local boards of education--concerning
issues on which regulations may be necessary or with respect to which
nonregulatory guidance would be helpful to clarify statutory
ambiguities and to provide for flexibility.
Negotiated Rulemaking
Section 1601 of Title I requires that, before publishing any
proposed regulations to implement programs under Title I, the Assistant
Secretary will establish a negotiated rulemaking process on issues
involving a minimum of two key provisions in the statute--``schoolwide
programs'' and ``standards and assessment.'' Therefore, the Assistant
Secretary specifically invites comments on these two provisions,
including whether and where regulations are necessary and nonregulatory
guidance would be helpful. The appendix to this notice describes the
two statutory provisions in greater detail and raises questions for
consideration. Commenters should use this discussion to guide their
thinking. The discussion, however, is not intended to restrict the
issues that commenters may address.
The Assistant Secretary will select individuals to participate in
the negotiated rulemaking sessions to be held in Washington, DC from
among the individuals or groups providing advice and recommendations.
The Secretary will publish a separate notice in the Federal Register
providing details about the negotiated rulemaking process.
Invitation to Comment
This request for comments is designed to elicit the views of
interested parties, particularly Federal, State, and local
administrators, parents, teachers, and members of local boards of
education on regulatory issues under Title I. In addition to inviting
specific comments on schoolwide programs and standards and assessment,
the Assistant Secretary invites comments on other potential regulatory
issues concerning provisions under Title I. Since the Department
intends to minimize regulations and support flexibility, the Assistant
Secretary also seeks recommendations concerning where guidance might be
necessary. The Assistant Secretary requests that each commenter
identify his or her role in education and the perspective from which he
or she views the educational system--either as a representative of an
association, agency, or school (public or private), or as an individual
teacher, student, parent, or private citizen. The Assistant Secretary
urges each commenter to be specific regarding his or her
recommendations, including identifying the particular section of Title
I pertinent to the comment.
All comments submitted in response to this notice will be available
for public inspection during and after the comment period in rooms 4400
and 4100, respectively, Portals Building, 1250 Maryland Avenue SW.,
Washington, DC, between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday of each week except Federal holidays.
(Catalog of Federal Domestic Assistance Numbers: 84.010,
Educationally Deprived Children in Local Educational Agencies;
84.011, Migrant Education Basic State Formula Grant Program; 84.013,
Chapter 1 Program for Neglected or Delinquent Children; 84.213, Even
Start Program)
Dated: October 25, 1994.
Thomas W. Payzant,
Assistant Secretary for Elementary and Secondary Education.
Appendix--Questions for Consideration on Schoolwide Programs and
Standards and Assessment
Listed below are discussions and related questions for
consideration on two Title I provisions--schoolwide programs and
standards and assessment--that are required by statute to be
addressed during the negotiated rulemaking process. The Assistant
Secretary specifically invites comments on these questions but
welcomes other comments, as well, including whether regulations are
necessary and whether nonregulatory guidance would be helpful.
Schoolwide Programs
Under section 1114 of Title I, a local educational agency (LEA)
may use funds received under Part A of Title I, in combination with
other Federal, State, and local funds, to upgrade the entire
educational program in schools in which not fewer than 50 percent of
the children enrolled are from low-income families or that are
located in school attendance areas in which not fewer that 50
percent of the children are from low-income families. (The poverty
threshold is 60 percent for the 1995-96 school year and decreases to
50 percent in subsequent school years.) A schoolwide program school
must conduct a comprehensive needs assessment of the performance of
all children in the school in relation to the State's content and
performance standards and implement schoolwide reform strategies
that provide opportunities for all children in the school to meet
those standards.
--Under section 1114(b)(1)(B)(iv), each school operating a Title I
schoolwide program must address the needs of all children in the
school, particularly children who are members of the target
population of any program included in the schoolwide program, and
determine if those needs have been met.
What guidance, if any, should the Department provide to ensure
that schoolwide program schools develop a comprehensive plan that
results in a coherent rather than fragmented instructional program
while addressing the needs of specific target populations?
--For the Migrant Education Program (MEP), under section 1306(b)(3),
a schoolwide program school must address the needs of migratory
children, identified through a Statewide migrant comprehensive plan
required under section 1306(a), that result from the effects of the
children's migratory lifestyle or that are needed to permit them to
participate effectively in school. Unlike the Part A program, a
State MEP establishes a set of service priorities to govern the
expenditure of MEP funds within the State.
What guidance, if any, should the Department provide to promote
the integration of an SEA's Statewide MEP comprehensive plan and
priorities with the overall reform strategies of those schools that
operate schoolwide programs?
--Section 1114(b)(1)(H) requires a schoolwide program to ensure that
students experiencing difficulty mastering any of the standards
required by section 1111(b) during the course of the school year are
provided with effective, timely additional assistance.
What guidance, if any, should the Department provide regarding
this provision?
--The provision for schoolwide programs is predicated on the
assumption that a well-coordinated, comprehensive schoolwide program
that combines all available Federal resources to improve the
effectiveness of the entire instructional program in the school will
help all at-risk students in the school reach the State's
challenging academic content and performance standards better than
fragmented, categorical programs aimed at specific target
populations. Thus, section 1114(a)(4)(A) authorizes the Secretary,
through publication of a notice in the Federal Register, to exempt
schoolwide programs from statutory or regulatory provisions of any
noncompetitive, formula grant program or any discretionary grant
program administered by the Department (with the exception of grant
funds allocated under the Individuals with Disabilities Act), if the
intent and purposes of such other programs are met.
If clarification is necessary, how should the Department clarify
how the ``intent and purposes'' of exempted programs can be met?
--Section 1114(a)(4)(B) specifies that the Secretary may not relieve
schoolwide programs from certain requirements, including
requirements relating to student and parental participation and
involvement.
What guidance, if any, should the Department provide to clarify
this provision, particularly in the context of overall school reform
envisioned by schoolwide programs?
Standards and Assessment
Under section 1111, each State must develop or adopt challenging
content standards and student performance standards that will be
used by the State, its LEAs, and its schools to carry out Part A
programs. These standards must include challenging content standards
in academic subjects that specify what children are expected to know
and be able to do, contain coherent and rigorous content, and
encourage the teaching of advanced skills. The standards must also
include challenging student performance standards that are aligned
with the State's content standards, describe two levels of high
performance--proficient and advanced--to determine how well children
are mastering the State's content standards, and describe a third
level of performance--partially proficient--to provide complete
information about the progress of lower-performing children toward
achieving the proficient and advanced levels of performance.
Each State must also develop or adopt a set of high-quality
assessments, including assessments in at least mathematics and
reading or language arts, that will be used as the primary means of
determining the yearly performance of each Title I LEA and school in
enabling children served under Part A and each State and local
operating agency under Part C to meet the State's student
performance standards. Among other things, these assessments must be
the same assessments used to measure the performance of all children
if the State measures the performance of all children, be aligned
with the State's content and performance standards, be used for
purposes for which they are valid and reliable, and assess progress
in the academic subjects in which the State has adopted content and
performance standards.
If a State has content and performance standards and assessments
for all students developed under the Goals 2000: Educate America Act
or another process, the State must use those standards and
assessments, modified if necessary, to meet these requirements. If a
State has not adopted State content and performance standards or
assessments for all students, the State must develop standards and
assessments for students served under Part A and, where feasible,
Part C (according to section 1304(c)(5)) in subjects determined by
the State, but including at least mathematics and reading or
language arts.
Under section 1111(b)(1), States are not required to
submit their content and performance standards to the Secretary.
However, a State must demonstrate in its State plan that it has
developed challenging content and performance standards.
What guidance, if any, should the Department provide to clarify
what information a State must submit to enable the Secretary to
evaluate this portion of the State plan?
Under section 1111(b)(7), a State that does not yet
have the required assessments may propose to use a transitional set
of yearly Statewide assessments that will measure the performance of
complex skills and challenging subject matter. For any year during
which a State uses transitional assessments, the State must devise a
procedure for identifying LEAs and schools in need of improvement
that relies on accurate information about the educational progress
of each Title I LEA and school.
What guidance, if any, should the Department clarify the
provisions governing transitional assessments?
What guidance, if any, should the Department provide to promote
high quality assessment systems?
Under section 1111(b)(3), a State's assessments must be
administered at some time during grades 3-5, grades 6-9, and grades
10-12. Under section 1116(c)(1)(B)(ii), a targeted assistance school
(i.e., one that is not operating a schoolwide program) may be
reviewed for accountability purposes on the progress of those
students that have been or are served under Part A.
What guidance, if any, is necessary to address accountability
provisions for Title I schools that do not serve the grade levels
covered by the State's assessments or for schools in which Title I
services are not provided at those grade levels?
Section 1111 requires that States use challenging
standards and high-quality assessments in examining the
effectiveness of the Part A program at the school, LEA, and State
levels. For the MEP, section 1304(c)(5) requires that the
effectiveness of State programs and their local projects will be
assessed, where feasible, using the same approaches and standards
that will be used to assess the performance of students, schools,
and LEAs under Part A.
What guidance, if any, should the Department provide on how to
assess the effectiveness of State Migrant Education programs, their
local projects, and LEAs under Part A, that serve children who move
across State lines?
Section 1111(b)(2) requires that a State plan
demonstrate what constitutes ``adequate yearly progress'' of Title I
LEAs and schools toward enabling children to meet the State's
performance standards. The statute further specifies that States
must define ``adequate yearly progress,'' consistent with guidelines
established by the Secretary, that results in continuous and
substantial yearly improvement of each LEA and school sufficient to
achieve the goal of all children served under Part A meeting the
State's proficient and advanced levels of performance.
What guidelines should the Secretary establish? Should the
guidelines be contained in regulations or in nonregulatory guidance?
Under section 1111(b)(3)(I), a State's set of student
assessments must ``enable results to be disaggregated'' within each
State, LEA, and school for several categories of children. Likewise,
under section 1114(b)(2)(A)(v), a schoolwide program plan must
provide ``for the collection of data on the achievement and
assessment results of students'' disaggregated by the same
categories. However, a schoolwide program must publicly report
disaggregated data only if statistically sound. Finally, section
1116(a)(4) requires an LEA to publicize the results of its annual
review of schools served under Part A in individual school
performance profiles that include statistically sound disaggregated
results.
What clarification, if any, should the Department provide on the
various provisions in Part A concerning disaggregation of data?
Given the requirement of section 1111(b)(3)(E) that
assessments involve multiple measures of student performance, what
guidance, if any, should the Department provide to help clarify how
schools, LEAs, and SEAs review results to determine whether adequate
progress is being made?
[FR Doc. 94-26865 Filed 10-27-94; 8:45 am]
BILLING CODE 4000-01-P
