96-15902. Fund for the Improvement of Education (FIE)  

  • [Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
    [Notices]
    [Pages 32314-32316]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-15902]
    
    
    
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    DEPARTMENT OF EDUCATION
    
    
    Fund for the Improvement of Education (FIE)
    
    AGENCY: Department of Education.
    
    ACTION: Notice of Final Priority and Limitation on Use of Funds for 
    Fiscal Years 1996 and 1997; Elementary School Mathematics and Science 
    Equipment Program.
    
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    SUMMARY: The Secretary announces an absolute priority under the Fund 
    for the Improvement of Education (FIE): Elementary School Mathematics 
    and Science Equipment Program. The Secretary takes this action to focus 
    Federal financial assistance on raising the quality of instruction in 
    mathematics and science in the Nation's elementary schools by providing 
    equipment and materials necessary for hands-on instruction.
    
    EFFECTIVE DATE: This priority takes effect July 22, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Lois N. Weinberg, U.S. Department of 
    Education, 555 New Jersey Avenue, N.W., Room 502H, Washington, D.C. 
    20208-5645; (202) 219-2147. 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: The purpose of the Fund for the Improvement 
    of Education is to support nationally significant programs to improve 
    the quality of education, assist all students to meet challenging State 
    content and student performance standards, and contribute to the 
    achievement of the National Education Goals.
        The Omnibus Consolidated Rescissions and Appropriations Act of 1996 
    (``Act''), Pub. L. 104-134, requires the Secretary to use $3,000,000 of 
    FIE funds for mathematics and science equipment projects. The report 
    language accompanying the Act directs the Secretary to provide 
    assistance, through State and local educational agencies, to carry out 
    programs such as those authorized under Title III, Part E of the 
    Elementary and Secondary Education Act of 1965, as amended (20 U.S.C.
    
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    6971). Title III, Part E authorizes grant awards to local educational 
    agencies (LEA) for the purpose of providing equipment and materials to 
    public and private elementary schools to improve hands-on instruction 
    in mathematics and science.
        To carry out this Congressional directive, the Secretary 
    establishes an absolute priority limiting the use of funds under this 
    FIE competition to projects that provide equipment and materials to 
    elementary schools for the purpose of improving mathematics and science 
    education through hands-on instruction. In accordance with Title III, 
    Part E, the Secretary gives priority to projects that assist schools 
    which are seriously underequipped or serve large numbers or percentages 
    of economically disadvantaged students. Furthermore, in accordance with 
    the provisions of Title III, Part E, the Secretary limits the 
    definition of ``equipment'' to prohibit the use of grant funds for the 
    purchase of computers, computer peripherals, software, textbooks, staff 
    development costs, or for capital improvements.
        Eligibility for awards under this competition is limited to LEAs 
    since LEAs have primary responsibility for purchasing equipment and 
    supplies for elementary schools. However, to ensure that children in 
    private schools have an equitable opportunity to benefit from projects 
    funded under this competition, the Secretary makes sections 14503-14506 
    of the ESEA (20 U.S.C. 8893-8896) applicable to awards made to LEAs 
    under this program. Section 14503 requires an LEA receiving grant funds 
    under this program to provide private school children and teachers, on 
    an equitable basis, special educational services or other program 
    benefits under this program. The section further requires LEAs to 
    consult with private school officials during the design and development 
    of the proposed project. Each application should describe the ways in 
    which the proposed project will address the needs of private school 
    children and teachers.
        Furthermore, the Secretary directs financial assistance under this 
    competition to projects that benefit elementary schools located in 
    areas that have been designated as Empowerment Zones or Enterprise 
    Communities in accordance with Section 1391 of the Internal Revenue 
    Code (IRC), as amended by Title XIII of the Omnibus Budget 
    Reconciliation Act (OBRA) of 1993.
    
    Background on Empowerment Zone and Enterprise Community Program--(EZ/
    EC)
    
        The Empowerment Zone and Enterprise Community program is a critical 
    element of the Administration's community revitalization strategy. The 
    program is the first step in rebuilding communities in America's 
    poverty-stricken inner cities and rural heartlands. It is designed to 
    empower people and communities by inspiring Americans to work together 
    to create jobs and opportunity.
        The Departments of Agriculture (USDA) and Housing and Urban 
    Development (HUD) have designated empowerment zones and enterprise 
    communities, which are communities located within the cities and 
    counties listed in the appendix.
        The Empowerment Zones and Enterprise Communities were designated 
    based on locally-developed strategic plans that comprehensively address 
    how the community will link economic development with education and 
    training, as well as how community development, public safety, human 
    services, and environmental initiatives together will support 
    sustainable communities. Designated areas will receive Federal grant 
    funds and substantial tax benefits and will have access to other 
    Federal programs. (For additional information on the Urban EZ/EC 
    program contact HUD at 1-800-998-9999 and for the rural EZ/EC program 
    contact USDA at 1-800-645-4712.)
        The Department of Education is supporting the Empowerment Zone and 
    Enterprise Community initiative in a variety of ways. It is encouraging 
    zones to use funds they already receive from Department of Education 
    programs (including Title I of the Elementary and Secondary Education 
    Act, the Safe and Drug-Free Schools and Communities Act, the Adult 
    Education Act, and the Carl D. Perkins Vocational and Applied 
    Technology Act) to support the comprehensive vision of their strategic 
    plans. In addition, the Department of Education is giving preference to 
    EZ/ECs in a number of discretionary programs that are well suited for 
    inclusion in a comprehensive approach to economic and community 
    development.
        The Empowerment Zone initiative and the Elementary School 
    Mathematics and Science Equipment Program share some common features. 
    Both programs address the educational needs of students in communities 
    and schools with limited resources. The Elementary School Mathematics 
    and Science Equipment Program is specifically designed to assist 
    schools which are most seriously lacking mathematics and science 
    equipment, and which serve large numbers or percentages of economically 
    disadvantaged students.
    
        Note: This notice of final priority does not solicit 
    applications. A notice inviting applications under this competition 
    is published in a separate notice in this issue of the Federal 
    Register.
    
        Absolute Priority: Under 34 CFR 75.105(c)(3) the Secretary gives an 
    absolute preference to applicants that meet the following priority. The 
    Secretary funds under this competition only applications that meet this 
    absolute priority:
        Projects that serve schools in an Empowerment Zone or Enterprise 
    Community and are designed to--
        (1) Purchase and provide equipment for hands-on instruction in 
    mathematics and science for elementary schools which--
        (A) Are most seriously underequipped; or
        (B) Serve large numbers or percentages of economically 
    disadvantaged students, or underrepresented groups in mathematics and 
    science, or both; and
        (2) Demonstrate how instructional strategies that use hands-on 
    mathematics and science equipment will assist students to work toward 
    the achievement of challenging student performance standards.
        Limitations on Use of Funds: Funds provided through grants under 
    this competition shall be used to purchase science equipment, science 
    materials, or mathematical manipulative materials for elementary 
    schools and shall not be used for computers, computer peripherals, 
    software, textbooks, staff development costs, or for capital 
    improvements.
        For the purpose of this competition, the word ``equipment'' 
    includes supplies and materials that would not be considered equipment 
    under the definitions in the Education Department General 
    Administrative Regulations (EDGAR) at 34 CFR Sections 74.2, 74.34, 
    80.3, and 80.32. For example, equipment purchased under this 
    competition could include low-cost manipulatives that students and 
    teachers would use for hands-on instruction in mathematics and science.
        However, if a grantee uses some of the funds received under this 
    competition to purchase equipment as defined at 34 CFR Sections 74.2 or 
    80.3, that is, tangible, nonexpendable, personal property with a useful 
    life of more than one year, and a cost of $5,000 or more per unit, the 
    EDGAR regulations
    
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    regarding equipment apply. Thus, the grantee would have to manage and 
    dispose of the equipment consistent with the requirements at Sec. 74.34 
    or Sec. 80.32.
        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 that are not taken directly from 
    statute. Ordinarily, this practice would have applied to the priorities 
    for this program. However, the Secretary waives rulemaking on these 
    rules under section 553(b)(B) of the Administrative Procedure Act. This 
    section provides that rulemaking is not required when the agency for 
    good cause finds that notice and public procedure are impracticable, 
    unnecessary, or contrary to the public interest. Final Congressional 
    action, directing the Secretary to use FY 1996 funds to carry out the 
    activities specified in these rules, did not occur until April 26, 
    1996. The Secretary believes that, in order to make timely grant awards 
    using Fiscal Year (FY) 1996 funds, public comment on these rules is 
    impracticable.
        Furthermore, these priorities, as well as the restrictions on the 
    use of funds, are drawn in large part from the statute authorizing the 
    Elementary Mathematics and Science Equipment Program (20 U.S.C. 6971). 
    Congress, in its report accompanying the appropriation of funds for 
    Fiscal Year 1996, directed the Department to use the appropriated funds 
    for activities similar to those authorized under the Elementary 
    Mathematics and Science Equipment Program.
    
    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.
    
        Program Authority: 20 U.S.C. 8001.
    
        Dated: June 18, 1996.
    Sharon P. Robinson,
    Assistant Secretary for Research and Improvement.
    
    Appendix--Empowerment Zones and Enterprise Communities
    
    Empowerment Zones (EZ)
    
    Georgia: Atlanta
    Illinois: Chicago
    Kentucky: Kentucky Highlands*
    Maryland: Baltimore
    Michigan: Detroit
    Mississippi: Mid Delta*
    New York: Harlem, Bronx
    Pennsylvania/New Jersey: Philadelphia, Camden
    Texas: Rio Grande Valley*
    
    Supplemental Empowerment Zones (SEZ)
    
    California: Los Angeles
    Ohio: Cleveland
    
    Enterprise Communities (EC)
    
    Alabama: Birmingham
    Alabama: Chambers County*
    Alabama: Greene, Sumter Counties*
    Arizona: Phoenix
    Arizona: Arizona Border*
    Arkansas: East Central*
    Arkansas: Mississippi County*
    Arkansas: Pulaski County
    California: Imperial County*
    California: Los Angeles, Huntington Park
    California: San Diego
    California: San Francisco, Bayview, Hunter's Point
    California: Watsonville*
    Colorado: Denver
    Connecticut: Bridgeport
    Connecticut: New Haven
    Delaware: Wilmington
    District of Columbia: Washington
    Florida: Jackson County*
    Florida: Tampa
    Florida: Miami, Dade County
    Georgia: Albany
    Georgia: Central Savannah*
    Georgia: Crisp, Dooley Counties*
    Illinois: East St. Louis
    Illinois: Springfield
    Indiana: Indianapolis
    Iowa: Des Moines
    Kentucky: Louisville
    Louisiana: Northeast Delta*
    Louisiana: Macon Ridge*
    Louisiana: New Orleans
    Louisiana: Ouachita Parish
    Massachusetts: Lowell
    Massachusetts: Springfield
    Michigan: Five Cap*
    Michigan: Flint
    Michigan: Muskegon
    Minnesota: Minneapolis
    Minnesota: St. Paul
    Mississippi: Jackson
    Mississippi: North Delta*
    Missouri: East Prairie*
    Missouri: St. Louis
    Nebraska: Omaha
    Nevada: Clarke County, Las Vegas
    New Hampshire: Manchester
    New Jersey: Newark
    New Mexico: Albuquerque
    New Mexico: Moro, Rico Arriba, Taos Counties*
    New York: Albany, Schenectady, Troy
    New York: Buffalo
    New York: Newburgh, Kingston
    New York: Rochester
    North Carolina: Charlotte
    North Carolina: Halifax, Edgecombe, Wilson Counties*
    North Carolina: Robeson County*
    Ohio: Akron
    Ohio: Columbus
    Ohio: Greater Portsmouth*
    Oklahoma: Choctaw, McCurtain Counties*
    Oklahoma: Oklahoma City
    Oregon: Josephine*
    Oregon: Portland
    Pennsylvania: Harrisburg
    Pennsylvania: Lock Haven*
    Pennsylvania: Pittsburg
    Rhode Island: Providence
    South Carolina: Charleston
    South Carolina: Williamsburg County*
    South Dakota: Beadle, Spink Counties*
    Tennessee: Fayette, Haywood Counties*
    Tennessee: Memphis
    Tennessee: Nashville
    Tennessee/Kentucky: Scott, McCreary Counties*
    Texas: Dallas
    Texas: El Paso
    Texas: San Antonio
    Texas: Waco
    Utah: Ogden
    Vermont: Burlington
    Virginia: Accomack*
    Virginia: Norfolk
    Washington: Lower Yakima*
    Washington: Seattle
    Washington: Tacoma
    West Virginia: West Central*
    West Virginia: Huntington
    West Virginia: McDowell*
    Wisconsin: Milwaukee
        * denotes rural designee.
    
    Enhanced Enterprise Communities (EEC)
    
    California: Oakland
    Massachusetts: Boston
    Missouri/Kansas: Kansas City, Kansas City
    Texas: Houston
    
    [FR Doc. 96-15902 Filed 6-20-96; 8:45 am]
    BILLING CODE 4000-01-P
    
    

Document Information

Effective Date:
7/22/1996
Published:
06/21/1996
Department:
Education Department
Entry Type:
Notice
Action:
Notice of Final Priority and Limitation on Use of Funds for Fiscal Years 1996 and 1997; Elementary School Mathematics and Science Equipment Program.
Document Number:
96-15902
Dates:
This priority takes effect July 22, 1996.
Pages:
32314-32316 (3 pages)
PDF File:
96-15902.pdf