[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Notices]
[Pages 55246-55247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26753]
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DEPARTMENT OF EDUCATION
Bilingual Education: Systemwide Improvement Grants Program
AGENCY: Department of Education.
ACTION: Notice of final priority for fiscal year (FY) 1996 and
following years.
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SUMMARY: The Secretary announces a priority for FY 1996 and following
years under the Bilingual Education: Systemwide Improvement Grants
Program authorized in title VII of the Elementary and Secondary
Education Act of 1965, as amended (the Act). The Secretary takes this
action to implement a provision of the Act by focusing Federal
financial assistance on an identified national need. The priority is
intended to provide financial assistance to local educational agencies
(LEAs) or LEAs in collaboration with institutions of higher education
(IHEs), community-based organizations (CBOs), other LEAs, or a State
educational agency (SEA) to implement districtwide bilingual education
programs or special alternative instructional programs that will serve
a significant number of limited English proficient (LEP) children and
youth in one or more LEAs with significant concentrations of these
children and youth.
EFFECTIVE DATE: This priority takes effect November 29, 1995.
FOR FURTHER INFORMATION CONTACT: Harry Logel, U.S. Department of
Education, 600 Independence Avenue, SW., Room 5090, Switzer Building,
Washington, DC 20202-6510. Telephone: (202) 205-5530. 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: Under section 7115(a) of the Act, the
purpose of the Systemwide Improvement Grants Program is to assist LEAs
or LEAs in collaboration with IHEs, CBOs, other LEAs, or an SEA to
implement districtwide bilingual education programs or special
alternative instructional programs to improve, reform, and upgrade
relevant programs and operations, within an entire LEA, that serve a
significant number of LEP children and youth in one or more LEAs with
significant concentrations of these children and youth.
Under this final priority LEAs are eligible for funding if the
proposed project serves only LEAs in which the number of LEP students,
in each LEA served, is at least 1,000 or at least 25 percent of the
total student enrollment. By using a 1,000 or 25 percent
[[Page 55247]]
threshold, the Secretary is targeting those LEAs in which LEP students
constitute a major portion of the LEAs' programs and operations. The
Secretary chose to use either a number or a percentage threshold in
order to include small and large school districts with significant
concentrations of LEP students. If the Secretary had used only a
percentage threshold, some of the larger districts would be excluded
from participating in the program even though they enroll significant
numbers of LEP students. On the other hand, if the Secretary had used
only a numerical threshold, some smaller districts would be excluded
from participating in the program even though a significant percentage
of their student enrollment consists of LEP students. Using the 1,000
or 25 percent threshold, the Department estimates that approximately
450 LEAs are eligible to participate under this program. This estimate
is based on data from the Descriptive Study of Services to LEP Students
conducted by Development Associates, Inc., in 1993.
On March 2, 1995 the Secretary published a notice of proposed
priority for this program in the Federal Register (60 FR 11862).
Note: This notice of final priority does not solicit
applications. A competition under this program will not be held in
FY 1996. If a competition is held in a subsequent year, a notice
inviting applications under that competition will be published in
the Federal Register at that time.
Analysis of Comments and Changes
In response to the Secretary's invitation in the notice of proposed
priority, two parties submitted comments. An analysis of the
substantive comments follows. The Secretary has made no changes in this
priority since publication of the notice of proposed priority.
Comment: One commenter stated that the priority needed to clarify
whether or not LEAs may collaborate with one another to participate in
the program.
Discussion: The statutory authority for this program provides that
LEAs may collaborate with one another in carrying out a Systemwide
Improvement Grants project. The priority makes clear, however, that
each LEA served under a Systemwide Improvement Grants project must meet
either the numerical or the percentage threshold.
Changes: None.
Comment: One commenter expressed concern that States with small
populations and rural districts would be unable to participate in the
Systemwide Improvement Grants Program because they could not reach the
student threshold. The commenter maintained that States that receive
large influxes of immigrants are less likely to need Federal assistance
because of existing services or resources for their LEP children and
youth or because they have been past recipients of Federal assistance.
The commenter also noted that small States must serve LEP students, but
may not have existing services or the resources necessary to serve
them.
Discussion: Because the Systemwide Improvement Grants Program is
required by its authorizing statute to serve LEP children and youth in
LEAs with significant concentrations of these children and youth, the
Secretary, in order to implement the program, had to determine what
constitutes a ``significant concentration.'' If the Secretary used only
a number to measure a significant concentration, LEAs with small
enrollments could be excluded from participation in the program even
though the percentage of LEP students in those school districts was
high. By using a percentage as well as a numerical measurement, the
Secretary has made it possible for LEAs with small student enrollments,
but a significant percentage of LEP students, to meet the priority. The
Secretary believes that a 25 percent threshold targets those LEAs in
which the number of LEP children and youth may not be large but
nonetheless constitutes a major portion of the enrollment.
Changes: None.
Priority
Under 34 CFR 75.105(c)(3) and section 7115(a) of the Act, the
Secretary gives an absolute preference to applications that meet the
following priority. The Secretary funds under this competition only
applications that meet this absolute priority:
Projects that serve only LEAs in which the number of LEP students,
in each LEA served, is at least 1,000 or at least 25 percent of the
total student enrollment.
Intergovernmental review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
(Catalog of Federal Domestic Assistance Number 84.291 Bilingual
Education: Systemwide Improvement Grants.)
Program Authority: 20 U.S.C. 7425.
Dated: October 19, 1995.
Dang T. Pham,
Acting Director, Office of Bilingual Education and Minority Languages
Affairs.
[FR Doc. 95-26753 Filed 10-27-95; 8:45 am]
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