[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Rules and Regulations]
[Pages 14864-14866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6707]
[[Page 14863]]
_______________________________________________________________________
Part III
Department of Education
_______________________________________________________________________
34 CFR Part 280
Magnet Schools Assistance Program; Final Rule
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules
and Regulations
[[Page 14864]]
DEPARTMENT OF EDUCATION
34 CFR Part 280
RIN 1810-AA76
Magnet Schools Assistance Program
AGENCY: Department of Education.
ACTION: Final rule.
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SUMMARY: The Secretary revises the regulations governing the Magnet
Schools Assistance Program (MSAP) to conform them to statutory
provisions that authorize Magnet Schools Assistance. These regulations
make technical changes in the existing regulations to incorporate the
statutory amendments.
EFFECTIVE DATE: These regulations take effect April 19, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Steven L. Brockhouse, U.S.
Department of Education, 600 Independence Avenue, SW., Room 4500,
Portals Building, Washington, D.C. 20202-6140. Telephone: (202) 260-
2476. 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:
A. Background
The Improving America's Schools Act (IASA) reauthorized the MSAP,
which is now authorized under Part A of Title V of the Elementary and
Secondary Education Act of 1965 (ESEA), as amended. The MSAP provides
Federal financial assistance to local educational agencies (LEAs) for
magnet schools that are part of approved desegregation plans that LEAs
are implementing.
B. Explanation of Changes
The Secretary amends regulations in 34 CFR part 280 to conform to
the amended statute. The statutory amendments incorporated in the
regulations include--
Add two new elements to the statement of purpose for the
MSAP (Sec. 280.1(b) and (c))--one element addresses the development and
implementation of magnet schools that will assist LEAs in achieving
systemic reform; the other element addresses the development and design
of innovative educational methods and practices;
In Sec. 280.2(a), add ``consortia of LEAs'' to those
eligible to receive assistance under the MSAP;
Clarify the definition of the term ``Magnet school'' in
Sec. 280.4(b) by inserting the words ``public elementary or secondary''
before the words ``school'' and ``education center;''
Add a new assurance at Sec. 280.20(b)(7) that applicants
will give students residing in the local attendance area of the
proposed magnet school projects equitable consideration for placement
in those projects;
Modify the assurance in Sec. 280.20(b)(2) regarding the
employment of teachers in courses of instruction assisted under the
MSAP to include both teachers and those who supervise others who are
teaching. Under the assurance both teachers and those who supervise
other instructional personnel must be appropriately certified or
licensed by the State;
Modify the information required in grant applications by
adding language in Sec. 280.20(i)(1) that indicates that, as a part of
an applicant's description of how MSAP assistance will promote
desegregation, information must be included that describes how the
proposed project will increase interaction among students of different
social, economic, ethnic, and racial backgrounds;
Further modify the information required in grant
applications by specifying in Sec. 280.20(i)(3) that applications must
describe how an applicant will continue the magnet school project after
MSAP assistance is no longer available including, if applicable, an
explanation of why magnet schools that have been previously supported
with MSAP funds cannot be continued without further assistance;
Add requirements for information describing how and the
extent to which MSAP assistance will increase student achievement in
the instructional area or areas of the magnet school
(Sec. 280.20(i)(2)); how MSAP assistance will be used to implement
services and activities that are consistent with other programs under
the ESEA, the Goals 2000: Educate America Act, and other Acts, as
appropriate (Sec. 280.20(i)(4)); and what criteria will be used to
select students to attend each magnet school proposed for the project
(Sec. 280.20(i)(5));
Add ``reading skills'' and ``geography'' to the subject
areas identified in Sec. 280.31(c)(2)(iii) and Sec. 280.40(b)(2) in
which instruction may be provided in magnet schools projects;
Eliminate special considerations for ``Recentness of the
implementation of the approved desegregation plan;'' ``Involvement of
minority group children;'' and ``Degree of achievement.'' In their
place, priorities are established for projects that propose to: carry
out new, or significantly revised, magnet schools (Sec. 280.32(c));
select students to attend magnet schools by methods such as lottery,
rather than through academic examination (Sec. 280.32(d)); and
implement innovative educational approaches that are consistent with
State and local systemic reform plans, if any, under title III of the
Goals 2000: Educate America Act (Sec. 280.32(e)). The priority for
``Collaborative efforts'' (Sec. 280.32(f)) is revised to give priority
to applicants whose projects seek to draw on comprehensive community
involvement plans. This provides flexibility for applicants to promote
various kinds of broad community collaboration (such as collaboration
with business) in designing and implementing their magnet programs;
Delete Sec. 280.34, which indicates that a condition for
receipt of a continuation award is satisfactory progress towards
achieving the purposes of the program. However, the standard set forth
in 34 CFR 75.253(a) of Education Department General Administrative
Regulations requiring substantial progress continues to apply;
Amend the rules governing allowable costs in
Sec. 280.40(a) by including planning and promotional costs directly
related to the development of academic programs and services offered at
magnet schools, in addition to the expansion, continuation, or
enhancement of those programs and services;
Further amend the allowable costs regulations in
Sec. 280.40(d) by including ``instructional staff, where applicable,''
to the personnel whose salaries may be paid or subsidized with MSAP
funds. This permits funds to be used to employ instructional personnel
other than licensed or certified teachers--such as instructional aides,
artists in residence, instructors from institutions of higher
education, and others--who would provide instruction to students;
Further amend the allowable costs regulations in
Sec. 280.40(e) by permitting instructional activities designed to make
the special curriculum of a magnet program available to students who
are enrolled in the magnet school, but who are not enrolled in the
magnet program, provided that the implementation of those instructional
activities furthers the purposes of the MSAP;
Eliminate the prohibition on the use of grant funds for
consultants from Sec. 280.41;
Add a prohibition (Sec. 280.41(d)) on the use of funds for
planning after the third year;
Change the limitation in Sec. 280.41(a) on the amount of
funds that can be used for planning activities (e.g., curriculum
development, staff training) to permit [[Page 14865]] up to 50 percent
of the amount received for the first year of the project to be used for
planning; up to 15 percent of the amount received for the second year;
and up to 10 percent of the amount received for the third year of the
project;
Remove Sec. 280.42, which limited the amount that could be
carried over from one budget period to the subsequent budget period;
and
Remove Sec. 280.50, which prohibited a State from reducing
State aid to an LEA because of assistance made available under the
MSAP;
These final regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those determined by the
Secretary to be necessary for administering these grants effectively
and efficiently. In assessing the potential costs and benefits--both
quantitative and qualitative--of these regulations, the Secretary has
determined that the benefits of the regulations justify the costs.
Intergovernmental Review
The 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 Secretary's specific plans and actions for
this program.
Waiver of Proposed Rulemaking
It is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations in accordance with the
Administrative Procedure Act (5 U.S.C. 553). However, since these
changes merely incorporate statutory amendments into the regulations
and do not implement substantive policy, public comment could have no
effect. Therefore, the Secretary has determined pursuant to 5 U.S.C.
553(b)(B) that public comment on these regulations is unnecessary and
contrary to the public interest.
List of Subjects in 34 CFR Part 280
Civil rights, Desegregation, Education, Elementary and secondary
education, Grant programs--education, Magnet schools, Reporting and
recordkeeping requirements.
Dated: March 8, 1995.
Thomas W. Payzant,
Assistant Secretary for Elementary and Secondary Education.
(Catalog of Federal Domestic Assistance Number 84.165A--Magnet
Schools Assistance Program)
The Secretary amends Part 280 of Title 34 of the Code of Federal
Regulations as follows:
PART 280--MAGNET SCHOOLS ASSISTANCE PROGRAM
1. The authority citation for part 280 is revised to read as
follows:
Authority: 20 U.S.C. 7201-7213, unless otherwise noted.
2. Section 280.1 is amended by adding the words ``or consortia of
LEAs'' following ``(LEAs)'' and after ``LEAs'' in the undesignated
introductory text; removing the word ``and'' at the end of paragraph
(a); redesignating paragraph (b) as paragraph (d); adding new
paragraphs (b) and (c); and revising the authority citation to read as
follows:
Sec. 280.1 What is the Magnet Schools Assistance Program?
* * * * *
(b) The development and implementation of magnet school projects
that will assist LEAs in achieving systemic reforms and providing all
students the opportunity to meet challenging State content standards
and challenging State performance standards;
(c) The development and design of innovative educational methods
and practices; and
* * * * *
(Authority: 20 U.S.C. 7202)
3. Section 280.2 is amended by adding ``or consortium of LEAs''
after ``LEA'' in paragraphs (a), (a)(1), and (a)(2); by adding the
words ``or those agencies'' after ``that agency'' at the end of
paragraph (a)(1); and by revising the authority citation to read as
follows.
(Authority: 20 U.S.C. 7205)
4. The authority citation for Sec. 280.3 is revised to read as
follows:
(Authority: 20 U.S.C. 7201-7213)
5. Section 280.4 paragraph (b) is amended by removing the
definitions of ``Community-based organization,'' ``Implementation
date,'' and ``Institution of higher education,'' by adding the words
``public elementary or secondary'' before the words ``school'' and
``education center'' in the definition of ``Magnet school,'' and by
adding ``or consortium of LEAs'' after ``LEA'' in the definition of
``Special curriculum'', and by revising the authority citation to read
as follows:
(Authority: 20 U.S.C. 7201-7213)
6. Section 280.10 paragraph (c) is amended by adding ``(1)'' after
``Sec. 280.2(a)'' and revising the authority citation to read as
follows:
(Authority: 20 U.S.C. 7203)
7. Section 280.20 is amended by adding ``or consortium of LEAs''
after ``LEA'' in paragraphs (a), (b) introductory text, (c), (d), (e),
(f), (f)(1), (f)(4), and (f)(5) introductory text; adding ``or
consortium of LEAs''' after ``LEA's'' in paragraph (f)(4)(ii),
(f)(5)(ii), and (h); removing the word ``two'' in paragraphs
(f)(4)(i)(C), (f)(4)(ii)(C), (f)(5)(i)(B), and (f)(5)(ii)(B); revising
paragraphs (b) and (i); and revising the authority citation to read as
follows:
Sec. 280.20 How does one apply for a grant?
* * * * *
(b) In its application, the LEA or consortium of LEAs shall provide
assurances that it--
(1) Will use funds made available under this part for the purposes
specified in section 5102 of the Act;
(2) Will employ teachers in the courses of instruction assisted
under this part who are certified or licensed by the State to teach, or
supervise others who are teaching, the subject matter of the courses of
instruction;
(3) Will not engage in discrimination based upon race, religion,
color, national origin, sex, or disability in the hiring, promotion, or
assignment of employees of the agency or other personnel for whom the
agency has any administrative responsibility;
(4) Will not engage in discrimination based upon race, religion,
color, national origin, sex, or disability in the assignment of
students to schools or to courses of instruction within schools of the
agency, except to carry out the approved desegregation plan;
(5) Will not engage in discrimination based upon race, religion,
color, national origin, sex, or disability in designing or operating
extracurricular activities for students;
(6) Will carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement; and
(7) Will give students residing in the local attendance area of the
proposed magnet school projects equitable consideration for placement
in those projects.
* * * * * [[Page 14866]]
(i) In addition to including the assurances required by this
section, an LEA or consortium of LEAs shall describe in its
application--
(1) How the applicant will use assistance made available under this
part to promote desegregation, including how the proposed magnet school
project will increase interaction among students of different social,
economic, ethnic, and racial backgrounds;
(2) How and to what extent the assistance will increase student
achievement in instructional areas offered;
(3) How the LEA or consortium of LEAs will continue the magnet
schools project after assistance under this program is no longer
available, including, if applicable, why magnet schools cannot be
continued without the use of funds under this program.
(4) How assistance will be used to implement services and
activities that are consistent with other programs under the Elementary
and Secondary Education Act of 1965, the Goals 2000: Educate America
Act, and other Acts, as appropriate, in accordance with section 14306
of the Act; and
(5) What criteria will be used in selecting students to attend the
proposed magnet schools projects.
(Authority: 20 U.S.C. 7206)
8. Section 280.30(a) and (c) are amended by removing the words
``special consideration'' and inserting the word ``priority'' before
the word ``factors''. The authority citation for Sec. 280.30 is revised
to read as follows:
(Authority: 20 U.S.C. 7201-7213)
9. In Sec. 280.31 paragraph (c)(2)(iii) is amended by adding
``reading skills or'' after ``students''' and ``geography,'' before
``English'', and the authority citation is revised to read as follows:
(Authority: 20 U.S.C. 7201-7213)
10. Section 280.32 is amended by revising the heading, removing
paragraph (b), redesignating paragraph (d) as paragraph (b), removing
the parenthetical reference to ``15 points'' from the redesignated
paragraph (b), adding a new paragraph (d), and revising paragraphs (a),
(c), (e), (f) and the authority citation to read as follows:
Sec. 280.32 How is priority given to applicants?
(a) How priority is given. In addition to the points awarded under
Sec. 280.31, the Secretary gives priority to the factors listed in
paragraphs (b) through (f) of this section by awarding additional
points for these factors. The Secretary indicates in the application
notice published in the Federal Register how these additional points
will be distributed.
* * * * *
(c) New or revised magnet schools projects. The Secretary
determines the extent to which the applicant proposes to carry out new
magnet schools projects or significantly revise existing magnet schools
projects.
(d) Selection of students. The Secretary determines the extent to
which the applicant proposes to select students to attend magnet
schools by methods such as lottery, rather than through academic
examination.
(e) Innovative approaches and systemic reform. The Secretary
determines the extent to which the project for which assistance is
sought proposes to implement innovative educational approaches that are
consistent with the State's and LEA's systemic reform plan, if any,
under the Goals 2000: Educate America Act.
(f) Collaborative efforts. The Secretary determines the extent to
which the project for which assistance is sought proposes to draw on
comprehensive community involvement plans.
(Authority: 20 U.S.C. 7207)
11. The authority citation for Sec. 280.33 is revised to read as
follows:
(Authority: 20 U.S.C. 7213(b))
12. Section 280.34 is removed.
13. Section 280.40 is amended by adding ``or consortium of LEAs''
after ``LEA'' in the undesignated introductory text; by adding
``development,'' before ``expansion'' and removing ``restriction in
Sec. 280.41(a)'' and adding, in its place, ``restrictions in
Sec. 280.41(a) and (d)'' in paragraph (a); by adding ``reading skills
or'' before ``the knowledge'' and ``geography,'' before ``English'' in
paragraph (b)(2); by adding ``reading skills or'' before ``the
knowledge'' and ``geography,'' before ``English'' in paragraph (c)(3);
by adding new paragraphs (d) and (e); and by revising the authority
citation to read as follows:
Sec. 280.40 What costs are allowable?
* * * * *
(d) The payment or subsidization of the compensation of
instructional staff, where applicable, who satisfy the requirements of
paragraphs (c)(2) and (3) of this section.
(e) With respect to a magnet school program offered to less than
the entire school population, for instructional activities that--
(1) Are designed to make available the special curriculum of the
magnet school program to students enrolled in the school, but not in
the magnet school program; and
(2) Further the purposes of the program.
(Authority: 20 U.S.C. 7208)
14. Section 280.41 is revised to read as follows:
Sec. 280.41 What are the limitations on allowable costs?
An LEA or consortium of LEAs that receives assistance under this
part may not--
(a) Expend for planning more than 50 percent of the funds received
for the first fiscal year, 15 percent of the funds received for the
second fiscal year, and 10 percent of the funds received for the third
fiscal year;
(b) Use funds for transportation;
(c) Use funds for any activity that does not augment academic
improvement; or
(d) Use funds for planning after the third year.
(Authority: 20 U.S.C. 7209, 7210(b))
Sec. 280.42 [Removed]
15. Section 280.42 is removed.
Subpart F Removed
Sec. 280.50 [Removed]
16. Subpart F consisting of Sec. 280.50 is removed.
[FR Doc. 95-6707 Filed 3-17-95; 8:45 am]
BILLING CODE 4000-01-P
