[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16902]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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Part II
Department of Education
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Cooperative Demonstration Program (Correctional Education); Notices
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DEPARTMENT OF EDUCATION
Cooperative Demonstration Program (Correctional Education)
AGENCY: Department of Education.
ACTION: Notice of final priorities, required activities, selection
criteria, and other requirements for grants to be made in fiscal year
1995.
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SUMMARY: The Secretary announces priorities for awards to be made in
fiscal year (FY) 1995 using funds appropriated in FY 1994 under the
Cooperative Demonstration Program, which is authorized by the Carl D.
Perkins Vocational and Applied Technology Education Act (Perkins Act).
Under the absolute priority, funds under this competition would be
reserved for applications proposing to demonstrate successful
cooperation between the private sector and public agencies in
vocational education programs that serve criminal offenders under the
supervision of the justice system. In addition, the Secretary
particularly invites applications that, within the absolute priority on
correctional education, incorporate one or more of the following
invitational priorities: (1) advanced technologies; (2) community-based
correctional education; and (3) juvenile justice education. The
Secretary also imposes requirements related to the priorities and other
matters, and will use new selection criteria in evaluating applications
submitted for this competition only.
EFFECTIVE DATE: The provisions in this notice take effect either 45
days after publication in the Federal Register or later if Congress
takes certain adjournments. If you wish to know the effective date,
call or write the Department of Education contact person.
FOR FURTHER INFORMATION CONTACT: Gail M. Schwartz or Christopher Koch,
U.S. Department of Education, 400 Maryland Avenue, SW., room 4529,
Switzer Building, Washington, DC. 20202-7242. Telephone: (202)-205-
5621. 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 Cooperative Demonstration Program
provides financial assistance for, among other things, model projects
that demonstrate successful cooperation between the private sector
(including employers, consortia of employers, labor organizations,
building trade councils, and private agencies, organizations, and
institutions) and public agencies in vocational education (including
State boards for vocational education, State or local corrections or
correctional education agencies, or eligible recipients as defined in
34 CFR 400.4). This program can help further the purposes of the
National Education Goals; specifically, the correctional education
priority directly supports the Goal that, by the year 2000, every adult
American will be literate and will possess the knowledge and skills
necessary to compete in a global economy and exercise the rights and
responsibilities of citizenship.
The designation of correctional education as a priority under the
Cooperative Demonstration program is based on the critical problems of
illiteracy and recidivism pervading our Nation's adult and juvenile
corrections population. The U.S. Department of Education's National
Adult Literacy Survey Report, ``Literacy Behind Prison Walls''
described a 70 percent illiteracy rate among a sample of prisoners as
follows:
About seven in ten prisoners * * * are apt to experience
difficulty in performing tasks that require them to integrate or
synthesize information from complex or lengthy texts or to perform
quantitative tasks that involve two or more sequential operations
and that require the individual to set up the problem (1993, p. vi).
Additionally, a recent study, ``Vocational and Academic Indicators
of Parole Success,'' published in the Journal of Correctional
Education, found that inmates who had received academic and vocational
training while in prison were more likely to be employed and less
likely to commit crimes after their release than other inmates
(Schumacker, et al., 1990).
Academic and vocational training is also critical for probationers
and parolees, since the majority of the Nation's criminal offenders are
serving sentences within community corrections settings. According to
the Bureau of Justice Statistics, there were about 3.5 million adults
under correctional supervision in the United States at the beginning of
1993. Of these, 2.6 million, or 74 percent, were under active probation
or parole supervision within the community.
Educational programs for criminal offenders that use applied
learning strategies to teach life skills, job skills, and literacy can
reduce the likelihood that the offenders will return to the criminal
justice system. After completing their sentences, ex-offenders often
have limited opportunities for meaningful employment and lack necessary
basic life skills, including the job-seeking and job-retention skills
needed to obtain and maintain employment. Without basic literacy and
job skills, it is unlikely that these persons will become fully
productive members of society.
On April 6, 1994, the Secretary published a notice of proposed
priorities, required activities, selection criteria, and other
requirements for the Cooperative Demonstration Program (Correctional
Education) in the Federal Register (59 FR 16192).
Note: This notice of final priorities does not solicit
applications. A notice inviting applications under this competition
is published in a separate notice in this issue of the Federal
Register.
Analysis of Comments and Changes
In response to the Secretary's invitation in the notice of proposed
priority, 18 parties submitted comments. An analysis of the specific
comments follows:
Absolute and Invitational Priorities
Comments: One commenter recommended that priority be given to
programs that build on correctional education projects previously
funded under the Cooperative Demonstration Program.
Discussion: The Secretary intended that previously funded
correctional education demonstration grants, awarded in September 1992,
include plans for continuing after Federal funding ends, as
demonstrated by the selection criteria used in the earlier competition.
The Secretary believes that while expanding previously funded programs
may indeed be worthwhile, other projects should be afforded the
opportunity to compete for these limited Federal funds. Nevertheless,
previously funded projects are eligible to apply for funds under this
competition on the same basis as other projects.
Changes: None.
Comments: Several commenters made suggestions for more
comprehensive services to be identified under the proposed priorities,
including: pre-vocational assessment, individual training plans for
students, case management as an approach to providing social services
for released offenders, student retention as an outcome measure, use of
support systems in the community, and the availability of non-
traditional vocational training programs for female offenders. One
commenter recommended that invitational priorities be created for
offenders with special learning needs and histories of substance abuse.
One commenter also recommended that the coordination of the academic,
vocational, and substance abuse treatment components be an integral
feature of the funded projects.
Discussion: The Secretary acknowledges that all of these components
would provide more comprehensive services and, under the existing
priority, they may be included in an application at the applicant's
discretion. The priority has been designed to allow an applicant
flexibility and creativity to meet the needs that exist in its own
institution or community.
Changes: None.
Comments: One commenter suggested that eligibility be expanded to
include those who are not former offenders. This commenter also
proposed that Federal funds be used to pay for internships in for-
profit institutions.
Discussion: The Secretary believes that this competition should be
limited to projects that will serve criminal offenders under the
supervision of the justice system, including those on probation and
parole. As discussed elsewhere in this notice, this priority was chosen
based on the critical problems of literacy and recidivism pervasive
among the adult and juvenile corrections population.
With respect to the comment concerning the use of Federal funds to
pay for internships in for-profit institutions, the Secretary does not
believe that this type of assistance is necessary for the successful
completion of projects that address the absolute priority established
in this notice.
Changes: None.
Comments: One commenter suggested aligning the priority with the
School-to-Work Opportunities Act and national skill standards. In
addition, the commenter recommended that the priority reflect current
U.S. Department of Labor policy regarding education and workforce
development.
Discussion: The Secretary believes the priority is consistent with
the School-to-Work Opportunities Act and the Goals 2000: Educate
America Act. For example, the priority includes such components as
work-based and school-based learning, transition activities, and
partnerships between public and private agencies, required in the
School-to-Work Opportunities Act. The priority also targets the
National Education Goals of adult literacy and life long learning.
The Goals 2000: Educate America Act established a Skills Standards
Board. A primary responsibility of the Board will be to coordinate the
development of voluntary national skill standards. At this time,
national skill standards do not exist; therefore, applicants are
encouraged to use common standards that have been developed by trade
and professional associations, such as the National Occupational
Competency Testing Institute and the Vocational-Technical Education
Consortium of States, or other standards that are being utilized in
current training programs, including those being developed by
organizations under contract with the Departments of Education and
Labor.
Changes: None.
Comments: One commenter stated that, as currently written, the
absolute priority rendered them ineligible because their State
legislature mandates that instruction be separate from custody.
Discussion: The Secretary acknowledges the unique circumstances
surrounding education and vocational training programs for incarcerated
and detained individuals. This competition, however, is specifically
designed to include all criminal offenders including those in community
corrections settings and, therefore, does not exclude State systems
that separate custody from instruction, as long as a private sector
entity is involved in the proposed project as well.
Changes: None.
Definitions
Comments: One commenter requested that the definition of
``community corrections'' be expanded to include individuals who may
not be under the supervision of a parole or probation officer and are
in the community, e.g., halfway house residents, pre-release residents,
or work release program participants.
Discussion: Under the absolute priority, individuals under the
supervision of the criminal justice system, including halfway house
residents, pre-release residents and work release program participants,
are eligible to be served. (34 CFR 400.4 defines ``criminal offender''
as any individual who is charged with, or convicted of, any criminal
offense, including a youth offender or a juvenile offender and
``correctional institution'' as any prison, jail, reformatory, work
farm, detention center, or halfway house, community-based
rehabilitation center, or any other similar institution designed for
the confinement or rehabilitation of criminal offenders.) Only
invitational priority 2--community corrections is limited to criminal
offenders under the supervision of a parole or probation officer.
Changes: None.
Comments: One commenter suggested that the definition of ``life
skills'' be aligned with the recommendations in a report issued by the
Department of Labor, the Secretary's Commission on Achieving Necessary
Skills (SCANS). The commenter suggested that the life skills definition
be expanded to include a number of basic, thinking, interpersonal, and
resource management skills including moral, social and religious
values, managing personal finances, and human resources management.
Discussion: The definition of ``life skills'' is consistent with
many of the workplace competencies identified in SCANS. In this notice,
``life skills'' is broadly defined to include self-development,
communication, job development, and education; however, certain
limitations do exist. For example, ``life skills'' does not include
moral, social and religious values, personal finances, and human
resource management because these activities are not the types of
assistance that are necessary for the success of projects that address
the absolute priority established in this notice. Therefore, these are
not included in the definition of ``life skills.''
Changes: None.
Selection Criteria
Comments: One commenter believed the State's colleges would be
ineligible for assistance under the priority because the ``Program
Factors'' selection criterion rewards correctional education programs
that provide learning situated at worksite locations outside of
institutions and requires interdisciplinary staff in-service education
that includes security personnel.
Discussion: The purpose of this competition is to demonstrate
successful cooperation between the private sector and public agencies
in vocational education programs, and to provide transition from
correctional education programs to productive employment. This
includes, among other things, work experience or employment based
learning programs. The priority and selection criteria, however, do not
stipulate where the work experience is to occur or how it may be
accomplished, thus allowing the applicant creativity and flexibility in
developing a model.
Interdisciplinary staff in-service education involving security
personnel is an important component found in comprehensive correctional
education programs already funded by the Department of Education and,
for this reason, is reflected in the selection criteria. Such
interaction supports team building and an education system that is
mutually beneficial to both education and corrections staff.
Changes: None.
Other Requirements
Comments: Two commenters expressed concern regarding the
requirement that projects funded under this competition not spend more
than 10 percent of their grant funds for equipment. The commenters
indicated that the Secretary's invitational priority for applications
that incorporate the use of interactive instructional technologies,
such as distance learning, in the context of both student learning and
staff in-service training, would require a substantial investment in
equipment.
Discussion: The Secretary believes that limiting the amount of
Federal funds used to purchase equipment to a maximum of 10 percent is
appropriate for this competition. The Secretary also emphasizes that,
while the use of Federal funds for equipment is limited to not more
than 10 percent, matching funds may be used for this purpose.
The primary purpose of this competition is to enhance, expand, and
demonstrate successful training programs. If more than 10 percent of
the Federal funds were to be used to purchase equipment, the intended
purpose of the projects would be diminished. This restriction will help
ensure that the funds available are used where they are needed most to
train students.
Projects funded under the Cooperative Demonstration Program must be
capable of wide replication. If a large percentage of Federal funds are
used to purchase equipment, the possibilities for replication become
limited. The Secretary therefore, believes it is necessary to limit the
use of Federal funds for equipment purchases, to ensure that project
replication is possible and to improve accountability of funds for
direct training of students.
Changes: None.
Absolute Priority
Under 34 CFR 75.105(c)(3), the Secretary gives an absolute
preference to applications that meet the following priority. The
Secretary will fund under this competition only model projects that
demonstrate ways in which public agencies in vocational education and
the private sector can work together effectively to assist vocational
education students who are criminal offenders under the supervision of
the justice system to attain the advanced level of skills they need to
make a successful transition from correctional education programs to
productive employment including--
(a) Work experience or apprenticeship programs;
(b) Transitional worksite job training for vocational education
students that is related to their occupational goals and closely linked
to classroom and laboratory instruction provided by an eligible
recipient;
(c) Placement services in occupations that the students are
preparing to enter;
(d) If practical, projects that will benefit the public, such as
the rehabilitation of public schools or housing in inner cities or
economically depressed rural areas; or
(e) Employment-based learning programs.
Required Activities
The Secretary requires that any projects funded under this
competition--
(a) Coordinate with community agencies that furnish transitional
supportive services to criminal offenders such as individual and family
counseling, housing assistance, transportation, and social and cultural
activities;
(b) Include a well-designed staff inservice education component to
insure the effective implementation of the program;
(c) Address the special learning needs of offenders;
(d) Use applied learning strategies to teach life skills, jobs
skills, and literacy;
(e) If applicable, provide for a transition from institutional
environments to community settings;
(f) Address State and local labor shortages and consult the State
Occupational Information Coordinating Committee or State Labor Market
Information Unit in making this determination; and
(g) Must submit proof of committed partnerships between public
agencies and the private sector. The definitions of ``private'' and
``public'' contained in 34 CFR 77.1 do not include entities under the
supervision or control of the Federal Government; thus, Federal
entities, including Federal prisons, are not eligible members of the
partnerships required by 34 CFR 426.4(b).
This program activity is authorized by section 420A(a)(2) of the
Perkins Act (Pub. L. 101-392, 104 Stat. 753 (1990)).
Invitational Priorities
Within the absolute priority specified in this notice, the
Secretary is particularly interested in applications that meet one or
more of the following invitational priorities. However, under 34 CFR
75.105(c)(1), an application that meets these invitational priorities
does not receive competitive or absolute preference over other
applications:
Invitational Priority 1--Advanced Technologies
Projects that incorporate the use of interactive instructional
technologies, such as distance learning, in the context of both student
training and staff inservice training.
Invitational Priority 2--Community Corrections
Projects that provide integrated vocational and academic education
to individuals on probation or parole in community corrections.
Invitational Priority 3--Juvenile Justice Education
Projects that provide integrated vocational and academic education
to students in the juvenile justice system. This may include youth
placed in detention centers, training schools, boot camps, or
community-based programs.
Definitions
As used in this notice--
``Applied learning'' is actively student-oriented, characterized by
lively classroom discussions, absorbing group projects, meaningful
homework assignments, laboratory experiments, live and videotaped
presentations, and other hands-on activities. The purpose of applied
learning is to create an environment that actively engages students and
teachers in a collaborative learning process.
``Community corrections'' refers to programs serving probationers
and parolees.
``Life skills'' includes self-development, communication skills,
job development, and education.
``Literacy'' means an individual's ability to read, write, and
speak in English and compute and solve problems, at levels of
proficiency necessary to function on the job and in society, to achieve
one's goals, and to develop one's knowledge and potential.
Criteria for Evaluating Applications
For the FY 1995 grant competition under the Cooperative
Demonstration program (Correctional Education) only, the Secretary uses
the selection criteria and assigned points in 34 CFR 426.21 with the
exception of 34 CFR 426.21(a) and (b), which are replaced with the
following:
(a) Program factors. (25 points) The Secretary reviews the
application to assess the quality of the proposed project, including
the extent to which the proposed project will provide--
(1) Integrated academic and vocational activities that reflect
current and projected labor market trends and are based upon the
Secretary of Labor's Commission on Achievement of Necessary Skills
(SCANS) report recommendations;
(2) Transition from correctional education programs to productive
employment including one or more of the following:
(i) Work experience or apprenticeship projects.
(ii) Transitional worksite job training for vocational education
students that is related to their occupational goals and closely linked
to classroom and laboratory instruction provided by an eligible
recipient.
(iii) Placement services in occupations that the students are
preparing to enter.
(iv) If practical, projects that will benefit the public, such as
the rehabilitation of public schools or housing in inner cities or
economically depressed rural areas.
(v) Employment-based learning programs.
(3) Post-sentence transitional services and follow-up assistance;
(4) Interdisciplinary staff in-service education that includes
security personnel;
(5) Inmate assessment that addresses academic, vocational and
special learning needs;
(6) Ongoing occupational counseling to assist with the development
of an individual vocational plan;
(7) Coordination with community agencies that furnish transitional
supportive services to criminal offenders such as individual and family
counseling, housing assistance, transportation, and social and cultural
activities;
(8) Coordination with the State Occupational Information
Coordinating Committee or State Labor Market Information Unit in
determining State and local labor shortages; and
(9) Adequate and appropriate involvement and cooperation of the
public and private sectors in the projects, including--
(i) A clear identification of the public and private sector
involvement in the planning of the project;
(ii) A description of public and private sector involvement in the
planning of the project including letters of commitment; and
(iii) A description of public and private sector involvement in the
operation of the project.
(b) Educational significance. (10 points) The Secretary reviews
each application to determine the extent to which the applicant
proposes--
(1) Project objectives that contribute to the improvement of
education for criminal offenders;
(2) To use unique and innovative techniques to produce benefits
that address educational problems and needs that are of national
significance; and
(3) To base the proposed project on successfully designed,
established, and operated model vocational education programs that
include components similar to the components required by this program,
as evidenced by empirical data that demonstrate impact from those
programs in factors such as--
(i) Student performance and achievement;
(ii) GED completion; and
(iii) Post-sentence employment or enrollment in education or
training programs or both.
Other Requirements
Purchase of Equipment
The projects funded under this competition may expend up to 10
percent of Federal funds for equipment as defined in 34 CFR 74.132 and
80.3.
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.
Applicable Program Regulations: 34 CFR Parts 400 and 426.
Program Authority: 20 U.S.C. 2420a.
(Catalog of Federal Domestic Assistance Number 84.199D Cooperative
Demonstration Program)
Dated: July 6, 1994.
Augusta Souza Kappner,
Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 94-16902 Filed 7-12-94; 8:45 am]
BILLING CODE 4000-01-P
