[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3403]
[[Page Unknown]]
[Federal Register: February 15, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 254
Teacher and Teacher's Aide Placement Assistance Program
AGENCY: Department of Defense.
ACTION: Interim final rule.
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SUMMARY: This program provides stipends to Service members and eligible
individuals losing Defense jobs and provides grants to local
educational agencies who hire separated military members, terminated
Department of Defense and Department of Energy employees, and displaced
defense contractor scientists and engineers as teachers and teacher
aides. The intent of this program is to relieve shortages of elementary
and secondary school teachers and teacher's aides through placement of
qualified separating military, terminated Department of Defense and
Department of Energy employees, and displaced contractor employees in
schools that serve a concentration of children from low-income
families.
EFFECTIVE DATE: February 22, 1994.
DATES: Comments: Comments must be received by April 18, 1994.
ADDRESSES: Forward comments to Department of Defense, Office of the
Assistant Secretary of Defense (Personnel and Readiness) (PSF&E)
(DoDEA), The Pentagon, room 3E784, Washington, DC 20301-4000.
FOR FURTHER INFORMATION CONTACT:
Mr. Otto Thomas (703) 696-4384.
SUPPLEMENTARY INFORMATION:
Background
This program allows local educational agencies that serve a
concentration of children from low-income families to receive a salary
subsidy from the Department of Defense for up to five years to offset a
portion of the basic salary of a teacher or teacher's aide hired under
this program. Local educational agencies that qualify for this program
may inform the Defense Activity for Non-Traditional Support (DANTES) of
their interest to participate and can advertise an opening on the DoD
Transition Bulletin Board and receive a listing of interested personnel
from an automated listing called the DoD Public and Community Service
Registry.
Executive Order 12866, ``Regulatory Planning and Review''
It has been certified that this interim final rule, in conformance
with Executive Order 12866, does not:
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
Materially alter the budgetary impact of entitlements, grants, user
fees or, loan programs or the rights and obligations of recipients
thereof; or Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive order.
This interim final rule is necessary to initiate the program and
benefit as many personnel as otherwise eligible. This program is time-
sensitive and is authorized upon publication in the Federal Register
until October 1, 1997. Comments will be considered in determining
whether to amend this interim final rule.
Public Law 96-354, ``Regulatory Flexibility Act''
This interim rule is not subject to the Regulatory Flexibility Act
(5 U.S.C. 601) and does not have a significant impact on a substantial
number of small business. The primary target for this program will be
local educational agencies that are entitled to chapter 1 funds
pursuant to title I, Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq). The program also will provide those contract
employees whose DoD contract has been terminated as a result of
completion or termination of a defense contract or program in defense
spending.
Public Law 96-511, ``Paperwork Reduction Act''
This interim rule does not impose any reporting or record keeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520).
List of Subjects in 32 CFR Part 254
Elementary and secondary education, Military personnel.
Accordingly, title 32, chapter I, subchapter M, is amended to add
part 254 to read as follows:
PART 254--TEACHER AND TEACHER'S AID PLACEMENT ASSISTANCE PROGRAM
Sec.
254.1 Purpose.
254.2 Definitions.
254.3 Responsibilities.
254.4 Procedures.
Authority: Pub. L. 102-484, sections 4441, 4442, and 4443 (10
U.S.C. 1151, 1598, 2410c).
Sec. 254.1 Purpose.
It is Department of Defense policy to establish programs to assist
personnel affected by the downsizing of the Department of Defense and
to contribute to efforts to relieve shortages of elementary and
secondary school teachers and teacher's aids.
Sec. 254.2 Definitions.
(a) Alternative certification. State or local teacher certification
or licensure requirements that permit a demonstrated competence in
appropriate subject areas gained in careers outside of education to be
substituted for traditional teacher training course work.
(b) Eligible defense contractors or subcontractors. Those defense
contractors or subcontractors that have applied and been selected using
criteria established in ``National Defense Authorization Act for Fiscal
Year 1993,'' Public Law 102-484, 106 stat. 2725 and meet the following
criteria:
(1) Produce goods or services for the Department of Defense
pursuant to a defense contract or operate nuclear weapons manufacturing
facilities for the Department of Energy; and
(2) Have recently reduced operations, or are likely to reduce
operations, due to the completion or termination of a defense contract
or program or by reductions in defense spending.
(3) The Defense Activity for Non-Traditional Support (DANTES) shall
give special consideration to defense contractors who are located in
areas that have been impacted particularly hard by reductions in
defense spending.
(c) Eligible local educational agency. A local school jurisdiction
that normally hires teachers, is located in a state offering an
alternative program for teacher certification, is receiving money under
chapter 1 of title I, ``Elementary and Secondary Education Act of
1965'' (20 U.S.C. 2701 et seq.) as a result of having within its
jurisdiction a concentration of children from low income families, has
been identified by its state as experiencing a shortage of qualified
teachers. Priority for grants under this program will be given to those
local education agencies which receive concentration grant funds under
chapter 1 of title I, or are eligible to receive such funding. The
local school shall be willing to enter into an agreement with the
Department of Defense to employ a certified program participant for not
less than five consecutive years in a school within its jurisdiction
having a concentration of children from low income families.
(d) Eligible personnel. Service members, civilian employees of the
Department of Defense and the Department of Energy, and defense
contractor employees who during the time period beginning with the
effective date of DoD guidance and ending October 1, 1997, meet the
specific requirements identified in paragraphs (d) (1) through (3) of
this section. All persons selected shall have a baccalaureate or
advanced degree (associate degree or higher for teacher's aide
applicants) from an accredited institution of higher learning and, if
selected, are willing to agree to obtain certification or licensure as
an elementary or secondary school teacher or teacher's aide and to
accept an offer of full-time employment as an elementary or secondary
school teacher or teacher's aide for not less than five school years in
a school which serves a concentration of low-income families.
(1) Eligible Service members. Members of the armed forces who are
discharged or released from active duty, and apply not later than one
year after the date of discharge or release from active duty, have
served on active duty for at least six continuous years immediately
before discharge, and are honorably discharged or released from active
duty. Service members who are not educationally qualified at the time
of discharge will have up to five years to meet educational
qualifications and may apply for participation within one year after
the date of becoming educationally qualified. A member discharged or
released from Service under other than honorable conditions shall not
be eligible to participate in this program. A member who is entitled to
benefits under 10 U.S.C. 1174a (Special Separation Benefits) or 10
U.S.C. 1175 (Voluntary Separation Incentive) or is given early
retirement under ``National Defense Authorization Act for Fiscal Year
1993,'' section 4403, Public Law 102-484, 106 stat. 2702 shall not be
paid a stipend.
(2) Eligible employees. Civilian employees of the Department of
Defense or the Department of Energy who apply after receipt of a notice
of termination but not later than 60 days following termination, and
who are terminated from government employment as a result of reductions
in defense spending or the closure or realignment of a military
installation as determined by the Secretary of Defense or the Secretary
of Energy, as the case may be. A stipend will not be paid to any
civilian employee selected to participate in the placement program who
voluntarily retires from the Federal Government, having met either
early or optional retirement criteria, after receiving separation pay
under 5 U.S.C. 5597.
(3) Eligible contractor employees. Scientists or engineers whose
employment is terminated (or who have received notice of termination)
as a result of the completion or termination of a defense contract or
program or reductions in defense spending. The individuals must have
been employed for not less than five years as a scientist or engineer
with a private defense contractor that has entered into a cooperative
agreement with Department of Defense to help support the program
including payment of 50 percent of the stipend provided to the
contractor employee selected for assistance.
(e) Grant. Funding to be provided to a local education agency to
offset the basic salary of a program participant during five
consecutive years of employment. Assuming employment begins at the
beginning of a school year, a grant shall be paid in five installments
in accordance with the following schedule:
First Year--50 percent of basic salary not to exceed $25,000
Second Year--40 percent of basic salary not to exceed $10,000
Third Year--30 percent of basic salary not to exceed $7,500
Fourth Year--20 percent of basic salary not to exceed $5,000
Fifth Year--10 percent of basic salary not to exceed $2,500
(1) Installments shall be payable after the end of each school year
within 30 days after the local education agency certifies to the
Department of Defense the basic salary paid to the employee during the
past school year is consistent with the written agreement between the
local educational agency and the Department of Defense.
(2) If employment begins other than at the beginning of a school
year, the grant shall be payable in up to six installments. The grant
payments shall be based on the total teacher pay days equivalent to a
full school year. Payments will be made so that reimbursement does not
exceed the percentage and dollar amounts for any one equivalent full
school year.
(f) Stipend. The lesser of $5,000 or the total costs of the type
described in ``Higher Education Act of 1965,'' section 472 (20 U.S.C.
1087ll), incurred by a selected program participant while obtaining
certification.
Sec. 254.3 Responsibilities.
(a) The Assistant Secretary of Defense (Personnel and Readiness)
shall:
(1) Monitor compliance with this part and the responsibilities of
the Secretary of Defense as authorized by ``National Defense
Authorization Act for Fiscal Year 1993,'' sections 4441, 4442, 4443,
Public Law 102-484 (10 U.S.C. 1151, 1598, 2410c).
(2) The Director of Education, as the representative for the
ASD(P&R), shall:
(i) Identify program needs and provide program direction.
(ii) Provide liaison and coordination with educational agencies,
and school officials.
(iii) Oversee the funding of this program and ensure compliance
with this memorandum.
(iv) Conduct a survey of States to identify those States that have
alternative certification or licensure requirements for teachers,
including those States that grant credit for service in the armed
forces towards satisfying certification or licensure requirements for
teachers.
(b) The Secretaries of the Military Departments shall:
(1) Ensure that separating Service members are informed about the
subject program during preseparation counseling provided by Transition
Assistance Offices.
(2) Ensure that installation Education Centers can, upon request,
provide information and counseling on teacher training and
certification, including alternative certification requirements.
(3) Ensure that separating employees are informed about this
program during preseparation counseling by installation and activity
Civilian Personnel Officers.
(4) Ensure that personnel management offices inform noncommissioned
officers who will reach ten years of service during the current fiscal
year (until September 30, 1997), who have the potential to perform as
elementary or secondary school teachers, but who do not satisfy the
minimum educational requirements to qualify for the program of the
opportunity to obtain those qualifications within five years after
discharge or release from active duty and apply for placement
assistance within one year thereafter.
(c) The Secretary of the Navy shall, as executive agent for the
Defense Activity for Non-Traditional Education Support (DANTES), ensure
DANTES is provided assistance and support in meeting its
responsibilities in support of this program.
Sec. 254.4 Procedures.
(a) The Secretary of the Navy, as executive agent for DANTES, shall
ensure DANTES executes the program, by:
(1) Issuing procedural guidance implementing this part, as
necessary.
(2) Preparing and distributing information, forms and publications.
(3) Selecting participants based upon criteria established by
``National Defense Authorization Act for Fiscal Year 1993,'' Public Law
102-484, 106 stat. 2725, as amended by ``National Defense Authorization
Act for Fiscal Year 1994,'' section 1331, Public Law 103-160, 107 stat.
1791 and those stated in paragraph (e) of this section.
(4) Receiving and evaluating applications for stipends and making
awards based on criteria consistent with ``National Defense
Authorization Act for Fiscal Year 1993,'' sections 4441, 4442, and
4443, Public Law 102-484, 106 stat. 2725 as amended by ``National
Defense Authorization Act for Fiscal Year 1994,'' section 1331, Public
Law 103-160, 107 stat. 1791 and ``Higher Education Act of 1965,''
section 472, (20 U.S.C. 1087ll).
(5) Receiving and evaluating applications for grants and making
awards, based on criteria consistent with reference to ``National
Defense Authorization Act for Fiscal Year 1993,'' Public Law 102-484,
106 stat. 2725 as amended by ``National Defense Authorization Act for
Fiscal Year 1994, section 1331, Public Law 103-160, 106 stat. 2725, and
title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701
et seq.) to eligible local educational agencies that agree to employ
program participants pursuant to this part.
(6) As necessary and authorized, entering into agreements with
other governmental and non-governmental entities, stipend awardees, and
local educational agencies eligible to participate in the program.
(7) Establishing and maintaining a file on each applicant and
tracking actions taken with regard to each applicant.
(8) Establishing and maintaining a file on each local educational
agency or private defense contractor who seeks to enter into an
agreement with the Department of Defense in connection with this
program.
(9) Collecting debts owed the Department of Defense resulting from
failure to comply with agreements made regarding the use of stipends
given to program participants or grants made to local educational
agencies.
(i) DANTES shall collect from local educational agencies an amount
that bears the same ratio to the total amount already paid under the
agreement as the unserved portion of required service bears to the five
years of required service for participants that leave the employment of
the local educational agency before the end of the five years of
required service.
(ii) DANTES shall collect from personnel participating in this
program, if the participant in the placement program fails to obtain
teacher certification or licensure or employment as an elementary or
secondary school teacher or as a teacher's aide or is terminated for
cause, during the five years of required service. The participant shall
be required to reimburse the Secretary of Defense for any stipend paid
to the participant in the same ratio to the amount of the stipend as
the unserved portion of required service bears to the five years of
required service, except as provided in paragraph (f) of this section.
(10) Maintaining data on this program and provide reports to the
Assistant Secretary of Defense (Personnel and Readiness) through the
Navy, as executive agent, quarterly.
(b) Information about the program and those States that have
alternative certification or licensure requirements for teachers shall
be provided to members and employees as part of preseparation
counseling.
(c) Eligible Service members shall apply, under procedures
established by DANTES and published in the Federal Register, for
participation in the program within one year after they are separated.
Service members may make preliminary application to the program by
registering in the Public Community Service (PACS) Registry and
expressing an interest in pursuing employment as an elementary or
secondary school teacher or teacher's aide.
(d) Eligible Department of Defense or Department of Energy civilian
employees shall apply under procedures established by DANTES and
published in the Federal Register, after they have received notice of
termination but not later than 60 days following termination. DANTES
shall provide program information to civilian personnel offices that
will allow civilian personnel offices to make an initial determination
of eligibility and refer interested employees to installation Education
Centers for program information and to DANTES for selection purposes.
(e) Applications will be screened upon receipt and grouped for
either immediate evaluation or deferred evaluation. Those applications
screened for immediate evaluation will be evaluated as soon as possible
after receipt to determine if selection is justified. If so, applicants
will be notified that they have been selected to become participants in
the program. An application initially marked for deferred evaluation
will be reviewed at the end of each calendar month to determine if it
should be accepted for immediate evaluation, further deferred pending
receipt of additional information, or rejected. Criteria to be used in
selecting participants shall include the following:
(1) Is the applicant willing to work as a teacher or teacher's aide
in an elementary or secondary school which serves a concentration of
children from low income families?
(2) Does the applicant have educational or military experience in
science, mathematics or engineering and agree to seek employment
teaching science, mathematics or engineering?
(3) Is the applicant particularly likely to serve as a positive
role model in the kinds of schools that are eligible to participate in
this program?
(4) Does the applicant have educational or military experience in
English, history, geography, foreign language, the arts or special
education and agree to seek employment teaching these subjects or
working with special education students?
(f) Selected participants, if eligible, may be provided a stipend
to offset costs of the type described in Higher Education Act of 1965,
section 472 (20 U.S.C. 1087ll) which are incurred by the participant
while obtaining alternative certification or licensure to teach or
necessary credentials to serve as a teacher's aide. A stipend will not
be paid to any Service member who is entitled to the Special Separation
Benefit (SSB) under 10 U.S.C. 1174a, or the Voluntary Separation
Incentive (VSI) under 10 U.S.C. 1175, or who is given early retirement
under ``National Defense Authorization Act for Fiscal Year 1993,''
section 4403, Public Law 102-484, 106 stat. 2702.
(1) A stipend will not be paid to any civilian employee selected to
participate in the placement program who receives separation pay under
5 U.S.C. 5597.
(2) If a participant fails to obtain certification or employment as
a teacher or teacher's aide, or voluntarily leaves or is terminated for
cause from employment during the five years of required service, the
participant shall reimburse the Department of Defense for any stipend
paid in an amount that is a prorated share based on the unserved
portion of required service as provided in this paragraph. A
participant may be excused from the reimbursement requirement under
certain circumstances provided for in ``National Defense Authorization
Act for Fiscal Year 1993, Public Law 102-484, 106 stat. 2702. A
participant shall be excused from the reimbursement requirement under
the following circumstances. The participant:
(i) Is pursuing a full-time course of study related to the field of
teaching at an eligible institution;
(ii) Is serving on active duty as a member of the armed forces;
(iii) Is temporarily totally disabled for a period of time not to
exceed three years as established by sworn affidavit of a qualified
physician;
(iv) Is unable to secure employment for a period not to exceed 12
months by reason of the care required by a spouse who is disabled; or
(v) Is seeking and unable to find full-time employment as a teacher
or teacher's aide in an elementary or secondary school for a single
period not to exceed 27 months.
(g) Participants will seek employment as elementary or secondary
school teachers or teacher's aides in eligible local educational
agencies identified by the Department of Defense.
(h) The Department of Defense through it's executive agent, DANTES,
will offer to enter into an agreement with the first eligible local
educational agency that employs the participant as a full-time
elementary or secondary school teacher or teacher's aide after the
participant obtains necessary credentials. Under such agreements,
DANTES will provide a grant to local educational agencies that agree to
hire program participants for not fewer than five consecutive school
years in a school of the local educational agency serving a
concentration of children from low-income families. If employment is
terminated by either the participant or the local educational agency
before the end of the five years of required service, the grant will be
adjusted as described in this part and any excess paid will be
reimbursed to the government under guidance prescribed by DANTES.
(i) Participants may not be accepted to receive stipends nor
agreements made with local educational agencies to provide grants
unless sufficient appropriations are available to support the
obligations which may be incurred.
Dated: February 9, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-3403 Filed 2-14-94; 8:45 am]
BILLING CODE 5000-04-M
