[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26372-26393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13093]
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_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
Foreign Language Assistance Grants (Local Education Agencies); Inviting
Applications for New Awards for Fiscal Year 1996; Notice
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 /
Notices
[[Page 26372]]
DEPARTMENT OF EDUCATION
[CFDA No.: 84.293B]
Foreign Language Assistance Grants (Local 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--(A) show the promise of being continued beyond their
project period; (B) demonstrate approaches that can be disseminated and
duplicated in other local educational agencies; and (C) may include a
professional development component.
Eligible Applicants: Local educational agencies.
Deadline for Transmittal of Applications: June 24,1996.
Deadline for Intergovernmental Review: August 23,1996.
Available Funds: $6,039,000.
Estimated Range of Awards: $50,000-$175,000.
Estimated Average Size of Awards: $112,500.
Estimated Number of Awards: 54.
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 Procedure 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 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
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(iv) The benefits to be gained by meeting those needs.
(3) Plan of operation. (20 points) The Secretary reviews each
application to 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# 84.293B, 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# 84.293B), 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#
84.293B), 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 Acknowledgement 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 Instruction 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
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assurances, certifications, and required documentation. These parts and
additional materials are organized in the same manner that the
submitted application should be organized. The parts and additional
materials are as follows:
Part I: Application for Federal Assistance (Standard Form 424 (Rev.
4-88)) and instructions.
Part II: Budget Information--Non-Construction Programs (ED Form No.
524) and instructions.
Part III: Application Narrative.
Additional Materials
a. Estimated Public Reporting Burden.
b. Part B of Title VII of the Elementary and Secondary Education
Act of 1965, as amended (the Act).
c. Guidance on Addressing the EDGAR Selection Criteria.
d. Additional Non-Regulatory Guidance: Questions and Answers.
e. Group Application Certification.
f. Student Data.
g. Assurances--Non-Construction Programs (Standard Form 424B) and
instructions.
h. Certifications Regarding Lobbying; Debarment, Suspension, and
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED
80-0013) and instructions.
i. Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion: Lower Tier Covered Transactions (ED 80-0014, 9/90)
and instructions.
Note: ED 80-0014 is intended for the use of grantees and should
not be transmitted to the Department.
j. Disclosure of Lobbying Activities (Standard Form LLL) (if
applicable) and instructions. This document has been marked to reflect
statutory changes. See the notice published by the Office of Management
and Budget at 61 FR 1413 (January 19, 1996).
k. Notice to All Applicants.
An applicant may submit information on a photostatic copy of the
application and budget forms, the assurances, and the certifications.
However, the application form, the assurances, and the certifications
must each have an original signature. All applicants must submit ONE
original signed application, including ink signatures on all forms and
assurances, and TWO copies of the application. Please mark each
application as ``original'' or ``copy''. No grant may be awarded unless
a completed application form has been received.
For Further Information Contact: Harpreet Sandhu, U.S. Department
of Education, 600 Independence Avenue, S.W., Room 5090, Switzer
Building, Washington, D.C. 20202-6510. Telephone: (202) 205-9808.
Individuals who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
Information about the Department's funding opportunities, including
copies of application notices for discretionary grant competitions, can
be viewed on the Department's electronic bulletin board (ED Board),
telephone (202) 260-9950; on the Internet Gopher Server at
GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases); or
on the World Wide Web (at http://www.ed.gov/money.html). However, the
official application notice for a discretionary grant competition is
the notice published in the Federal Register.
Program Authority: 20 U.S.C. 7511-7514.
Dated: May 20, 1996.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.
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Appendix
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Public reporting burden for this collection of information is
estimated to vary from 13 to 22 hours per response, with an average of
17.5 hours, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the
U.S. Department of Education, Information Management and Compliance
Division, Washington, D.C. 20202-4651; and the Office of Management and
Budget, Paperwork Reduction Project 1875-0102, Washington, D.C. 20503.
Instructions for ED Form No. 524
General Instructions
This form is used to apply to individual U.S. Department of
Education discretionary grant programs. Unless directed otherwise,
provide the same budget information for each year of the multi-year
funding request. Pay attention to applicable program specific
instructions, if attached.
Section A--Budget Summary, U.S. Department of Education Funds
All applicants must complete Section A and provide a breakdown by
the applicable budget categories shown in lines 1-11.
Lines 1-11, columns (a)-(e):
For each project year for which funding is requested, show the
total amount requested for each applicable budget category.
Lines 1-11, column (f):
Show the multi-year total for each budget category. If funding is
requested for only one project year, leave this column blank.
Line 12, columns (a)-(e):
Show the total budget request for each project year for which
funding is requested.
Line 12, column (f):
Show the total amount requested for all project years. If funding
is requested for only one year, leave this space blank.
Section B--Budget Summary, Non-Federal Funds
If you are required to provide or volunteer to provide matching
funds or other non-Federal resources to the project, these should be
shown for each applicable budget category on lines 1-11 of Section B.
Line 1-11, columns (a)-(e):
For each project year for which matching funds or other
contributions are provided, show the total contribution for each
applicable budget category.
Lines 1-11, column (f):
Show the multi-year total for each budget category. If non-Federal
contributions are provided for only one year, leave this column blank.
Line 12, columns (a)-(e):
Show the total matching or other contribution for each project
year.
Line 12, column (f):
Show the total amount to be contributed for all years of the multi-
year project. If non-Federal contributions are provided for only one
year, leave this space 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 type 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 the 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. Described the proposed project in light of each of the selection
criteria in the order in which the criteria are listed in this
application package; and
3. Include any other pertinent information that might assist the
Secretary in reviewing the application.
Applicants should note the non-regulatory guidance provided on
subsequent pages in regard to addressing the EDGAR selection criteria.
Under the listed EDGAR criteria, selected provisions are quoted from
the authorizing statute in order to indicate where applicants may
appropriately address these provisions. These provisions are statutory
requirements and must be addressed in order to receive a grant.
The narrative must be limited to no more than 35 double-spaced,
typed pages (on one side only), including appendices. This limit
applies to the pages containing the narrative and any accompanying
tables, graphs, and charts; regardless of the pagination shown on these
pages, the total number of these pages must not exceed 35 sheets. The
page limit does not apply to the application forms, assurances,
certifications, and attachments to those forms, assurances, and
certifications. Applications that exceed the page limit specified above
will not be considered for funding.
Estimated Public Reporting Burden
According to the Paperwork Reduction Act of 1995, no persons are
required to respond to a collection of information unless it displays a
valid OMB 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 education agency, the Secretary shall
support programs that--
``(A) show promise of being continued beyond the grant period;
``(B) demonstrate approaches that can be disseminated and
duplicated in other local educational agencies; and
``(C) may include a professional development component.''
(20 U.S.C. 7513)
4. Quality of key personnel. (See section 75.210(b)(4) of EDGAR)
5. Budget and cost effectiveness. (See section 75.210(b)(5) of
EDGAR)
``(1) IN GENERAL.--The Federal share for each fiscal year shall be
50 percent.
``(2) WAIVER.--The Secretary may waive the requirement of paragraph
(1) for any local educational agency which the Secretary determines
does not have adequate resources to pay the non-Federal share of the
cost of the activities assisted under this part.''
(20 U.S.C. 7513)
6. Evaluation plan. (See section 75.210(b)(6) of EDGAR)
7. Adequacy of resources. (See section 75.210(b)(7) of EDGAR)
Foreign Language Assistance Program Grants to Local Educational
Agencies, Additional Non-Regulatory Guidance
(Questions and Answers)
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 educational beyond the twelfth
grade.''
Q. What is the State of LEA's share of costs for the Foreign
Language Assistance program for each fiscal year?
A. The State or LEA's share is 50 percent. However, a waiver may be
granted for an LEA if the Secretary determines that the LEA does not
have adequate resources to pay the non-Federal share of the cost of the
activities. (Section 7203(c), 20 U.S.C. 7513(c)). The Education
Department General Administrative Regulations, at 34 CFR 80.24, also
addresses Federal Cost sharing requirements.
Q. How does an LEA apply for a waiver of the non-Federal share of
costs?
A. The Secretary suggests that local educational agencies--wishing
to do so--request a waiver from the requirements of Section 7203(c) of
the Act as a part of their grant application. This waiver request
should include information that will assist the Secretary in
determining whether the local educational agency seeking a waiver
``does not have adequate resources to pay the non-Federal share of the
costs of the activities assisted under the Foreign Language Assistance
program.'' (Section 7203(b) of the Act, 20 U.S.C. 7513(c)(2)).
Q. Under this program, may an applicant propose to hire foreign
language teachers?
A. Yes, program funds may be used to hire foreign language
teachers?
Q. May two districts apply together if they are already working
together in an elementary school foreign language program?
A. Yes, the statute does not prohibit school districts from
applying together. The requirements on group applications are in 34 CFR
75.127-75.129.
Q. How will the Secretary give priority to projects that propose to
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.
[[Page 26383]]
Q. How can an LEA ensure that their proposed program design will
lead to an enhanced and effective foreign language program?
A. An LEA may consider the National and State foreign language
content standards when designing their program.
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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
provisions 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 my 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
Accordingly 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. 96-13093 Filed 5-23-96; 8:45 am]
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