[Federal Register: March 31, 1998 (Volume 63, Number 61)]
[Proposed Rules]
[Page 15693-15696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr98-43]
[[Page 15693]]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
34 CFR Part 200
Title I--Helping Disadvantaged Children Meet High Standards; Proposed
Rule
[[Page 15694]]
DEPARTMENT OF EDUCATION
34 CFR Part 200
RIN 1810--AA89
Title I--Helping Disadvantaged Children Meet High Standards
AGENCY: Department of Education.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U. S. Secretary of Education (Secretary) proposes to amend
the regulations implementing programs under Title I of the Elementary
and Secondary Education Act (ESEA) of 1965, as amended by the Improving
America's Schools Act of 1994. These proposed amendments would provide
additional flexibility to local educational agencies (LEAs) operating
Title I programs.
DATES: Written comments must be received on or before June 1, 1998.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Mary Jean LeTendre, Director, Compensatory Education
Programs, Office of Elementary and Secondary Education, U.S. Department
of Education, 600 Independence Avenue, SW, Portals Building, room 4400,
Washington, DC 20202-6132.
Comments may also be sent through the Internet: comments Title
I__LEA@ed.gov.
FOR FURTHER INFORMATION CONTACT: Wendy Jo New, Compensatory Education
Programs, Office of Elementary and Secondary Education, U.S. Department
of Education, 600 Independence Avenue, SW., Portals Building, room
4400, Washington, DC 20202-6132. Telephone: (202)260-0982. Individuals
who use a telecommunications device for the deaf (TDD) may call the
Federal Information Relay Services (FIRS) at 1-800-877-8339 between 8
a.m. and 8 p.m., Eastern time, Monday through Friday.
Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION: On July 3, 1995, the Secretary published
final regulations under Title I of the Elementary and Secondary
Education Act of 1965, as amended by the Improving America's Schools
Act. The following are the specific provisions for which the Secretary
is proposing regulatory amendments.
Schoolwide Programs and the Individuals With Disabilities Education
Act
Under Sec. 1114 of Title I, Title I schoolwide program schools may
combine funds from most other Federal education programs in their
schoolwide programs. If they do, the schools are exempt from most of
the statutory and regulatory provisions of these programs as long as
they meet the intent and purposes of the programs. Section 1114
specifically prohibits an exemption for programs under the Individuals
with Disabilities Education Act (IDEA). The recent reauthorization of
the IDEA, however, provides additional flexibility regarding IDEA
funds. It allows a percentage of the Part B IDEA funds received by an
LEA to be combined with other Federal, State, and local education funds
to carry out any activities in a schoolwide program. However, it does
not exempt a schoolwide program school from meeting the other
requirements of IDEA. In other words, a schoolwide program school
combining IDEA funds must comply with all other requirements of IDEA to
the same extent it would if it did not combine IDEA funds in its
schoolwide program. In addition, LEAs and SEAs are not relieved of
their obligations under IDEA to ensure that children with disabilities
in schoolwide program schools have all of the rights they would have if
they were in a non-schoolwide school.
No-wide Variance
Under prior legislation and regulations, LEAs had the discretion,
in selecting school attendance areas or schools to receive Chapter 1
(Title I's predecessor) funding, to designate as eligible and serve all
attendance areas and schools within a grade span grouping or in the
entire LEA if all attendance areas and schools fell within a range that
was no more than 5 percentage points above and 5 percentage points
below the grade span or LEA poverty average. This option, referred to
as the ``no-wide variance'' provision, recognized that in LEAs with a
uniform distribution of children from low-income families, making a
selection of only those areas or schools above the districtwide average
of poverty has a less meaningful distinction than in other LEAs. The
Title I statute does not contain this option. However, upon reflection,
the Secretary has decided to propose reinstituting this flexibility
through regulations because it makes little educational sense to
differentiate among areas or schools that fall within a close span of
poverty. Therefore, the Secretary proposes to amend Sec. 200.28 to
include a ``no-wide variance'' provision. Under the proposed
regulations, an LEA may designate as eligible and serve all areas and
schools within a grade span or the entire LEA if the poverty rates of
all areas and schools do not vary more than 10 percentage points.
Alteration or Renovation
Section 76.533 of the Education Department General Administrative
Regulations prohibits a State or subgrantee from using its grant for
construction or acquisition of real property unless specifically
permitted by the authorizing statute or implementing regulations for
the program. Although construction and acquisition of real property
were previously authorized by statute under Chapter 1 of Title I of the
ESEA, they are not specifically authorized now, and thus are prohibited
under Sec. 76.533. Yet, the Secretary has been made aware of situations
where the prohibition against construction, which was defined under
previous law to include alteration and remodeling of real property, has
constrained LEAs from providing cost effective Title I services. For
example, an LEA was offered a building to house a Title I preschool
program because existing facilities were inadequate. Because of the
renovation necessary to make the donated building meet the
architectural guidelines for serving young children and the lack of
local funding to make such renovations, the LEA could not accept the
donation. A similar situation occurred in another LEA that was donated
a building for a Title I parent resource center. The Even Start Family
Literacy Program has experienced similar situations, where donated
facilities did not meet architectural guidelines for serving young
children. The Secretary is proposing to allow, through regulations, the
authority to alter or remodel real property if such alteration or
remodeling is reasonable and necessary to carry out a Title I program.
Exclusion From Supplement, Not Supplant and Comparability
Determinations
The Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Pub. L. 104-134) amended section 1120A of Title I to allow a State or
LEA to exclude supplemental State and local funds that are expended in
any school attendance area or school from both supplement, not supplant
and comparability determinations under Parts A and C, as long as the
supplemental State and local expenditures are for programs that meet
the intent and purposes of Part A.
[[Page 15695]]
Section 200.63(c)(1) of these proposed regulations would implement this
provision and clarify the characteristics of State and local programs
that would enable them to meet the intent and purposes of Part A.
Executive Order 12866
1. Assessment of Costs and Benefits
These proposed 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 benefits associated with the proposed regulations are
clear. The proposed regulations would provide additional flexibility
for SEAs and LEAs to implement their Title I programs. Moreover, the
potential costs associated with these proposed regulations would be
minimal; they would result from specific statutory requirements or have
been determined by the Secretary to be necessary for administering
Title I programs effectively and efficiently.
There are no additional burdens specifically associated with
information collection requirements that were addressed in the Title I
regulations published on July 3, 1995. The Secretary has also
determined that this regulatory action does not interfere unduly with
State and local governments in the exercise of their governmental
functions.
To assist the Department in complying with the specific
requirements of Executive Order 12866, the Secretary invites comments
on whether there may be further opportunities to reduce any potential
costs or increase potential benefits resulting from these proposed
regulations without impeding the effective and efficient administration
of the program.
2. Clarity of the Regulations
Executive Order 12866 requires each Federal agency to write
regulations that are easy to understand.
The Secretary invites comment on how to make these regulations
easier to understand, including answers to the following: (1) Are the
requirements in the regulations clearly stated? (2) Do the regulations
contain technical terms or other wording that interfere with the
clarity? (3) Does the format of the regulations (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce their
clarity? Would the regulations be easier to understand if they were
divided into more (but shorter) sections? (A ``section'' is preceded by
the symbol ``Sec. '' and a numbered heading; for example ``Sec. 200.68
Schoolwide program requirements.'') (4) Is the description of the
proposed regulations in the ``Supplementary Information'' section of
this preamble helpful in understanding the proposed regulations? How
could this description be more helpful in making the proposed
regulations easier to understand? (5) What else could the Department do
to make the regulations easier to understand?
A copy of any comments that concern whether these proposed
regulations are easy to understand should also be sent to Stanley
Cohen, Regulations Quality Officer, U.S. Department of Education, 600
Independence Avenue, SW. (room 5121, FOB-10), Washington, DC 20202-
2241.
Paperwork Reduction Act of 1995
These proposed regulations have been examined under the Paperwork
Reduction Act of 1995 and have been found to contain no information
collection requirements.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities.
The small entities that would be affected by these proposed
regulations are small LEAs, institutions of higher education, and
public or nonprofit private agencies receiving Federal funds under the
Title I programs. The proposed regulations would not have a significant
economic impact on the small entities affected because the proposed
regulations would not impose excessive regulatory burden or require
unnecessary Federal supervision. The proposed regulations would impose
minimal requirements to ensure the proper expenditure of program funds.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these proposed regulations. All comments
submitted in response to these proposed regulations will be available
for public inspection, during and after the comment period, in room
4400, Portals Building, 1250 Maryland Avenue, SW., Washington, DC,
between the hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday
through Friday of each week except Federal holidays.
On request the Department supplies an appropriate aid, such as a
reader or print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking docket for these proposed regulations. An individual with a
disability who wants to schedule an appointment for this type of aid
may call (202)205-8113 or (202)260-9895. An individual who uses a TDD
may call the Federal Information Relay Service at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
To assist the Department in complying with the specific requirement
of Executive Order 12866 and its overall requirement of reducing
regulatory burden, the Secretary invites comments on whether there may
be further opportunities to reduce any regulatory burdens found in
these proposed regulations.
Electronic Access to This Document
Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:
http://ocfo.ed.gov/fedreg.html
http://www.ed.gov/news.html
To use the pdf you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the pdf, call the U.S. Government Printing
Office toll free at 1-888-293-6498.
Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins and Press Releases.
Note: The official version of this document is the document
published in the Federal Register.
List of Subjects in 34 CFR Part 200
Administrative practice and procedure, Adult education, Children,
Coordination, Education, Education of disadvantaged children, Education
of individuals with disabilities, Elementary and secondary education,
Eligibility, Family, Family-centered education, Grant programs--
education, Indians--education, Institutions of higher education,
Interstate coordination, Intrastate coordination, Juvenile delinquency,
Local educational agencies, Migratory children, Migratory workers,
Neglected, Nonprofit private agencies, Private schools, Public
agencies, Reporting and recordkeeping requirements, State-administered
programs, State educational agencies, Subgrants.
[[Page 15696]]
Dated: March 24, 1998.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance Numbers: 84:010, Improving
Programs Operated by Local Educational Agencies: 84.011, Migrant
Education Basic State Formula Grant Programs; 84.013, Prevention and
Intervention Programs for Children and Youth Who Are Neglected,
Delinquent, or At-Risk of Dropping Out; 84.144, Migrant Education
Coordination Program; 84.213, Even Start Family Literacy Program)
The Secretary proposes to amend part 200 of Title 34 of the Code of
Federal Regulations as follows:
PART 200--TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH
STANDARDS
2. The authority citation for part 200 continues to read as
follows:
Authority: 20 U.S.C. 6301-6514, unless otherwise noted.
3. In Sec. 200.8, paragraph (c)(1) is revised and paragraph
(c)(3)(ii)(B)(3) is added to read as follows:
Sec. 200.8 Schoolwide program requirements.
* * * * *
(c) Availability of other Federal funds. (1) In addition to funds
under this subpart, a school may use in its schoolwide program Federal
funds under any program administered by the Secretary that is included
in the most recent notice published by the Secretary in the Federal
Register or is addressed in paragraph (c)(3) (ii)(B)(3) of this
section.
* * * * *
(3) * * *
(ii) * * *
(B) * * *
(3) Special Education. (i) A school may combine funds received
under Part B of the Individuals with Disabilities Education Act (IDEA)
in a schoolwide program, except that the amount so used in any
schoolwide program may not exceed the amount received by the LEA under
Part B of IDEA for that fiscal year; divided by the number of children
with disabilities in the jurisdiction of the LEA; and multiplied by the
number of children with disabilities participating in the schoolwide
program.
(ii) A school may also combine funds received under section 8003(d)
of the Act (Impact Aid funds for children with disabilities) in a
schoolwide program.
(iii) A school that combines funds under Part B of IDEA or section
8003(d) of the Act in its schoolwide program may use those funds for
any activities under its schoolwide program plan but shall comply with
all other requirements of Part B of IDEA to the same extent it would if
it did not combine funds under Part B of IDEA or section 8003(d) of the
Act in its schoolwide program.
* * * * *
4. Section 200.28 is amended by removing paragraph (a)(2)(iii) and
adding a new paragraph (a)(4) to read as follows:
Sec. 200.28 Allocation of funds to school attendance areas and
schools.
(a) * * *
(4) An LEA may designate as eligible and serve all school
attendance areas or schools within a grade span grouping or within the
entire LEA if within the grade span or LEA, as applicable, the
variation between the percentage of children from low-income families
in the attendance area or school with the highest concentration of such
children and the percentage of children from low-income families in the
attendance area or school with the lowest concentration of such
children does not exceed 10 percentage points.
* * * * *
5. Section 200.62 is added to read as follows.
Sec. 200.62 Use of funds for construction of real property.
(a) Title I funds may be used to construct real property if
reasonable and necessary to carry out a Title I program.
(b) The term construction means the alteration or renovation of a
building, structure, or facility, including--
(1) The concurrent installation of equipment; and
(2) The complete or partial replacement of an existing facility,
but only if such replacement is less expensive and more cost-effective
than alteration, renovation, or repair of the facility.
(Authority: 20 U.S.C. 6511(a))
6. Section 200.63 is revised to read as follows:
Sec. 200.63 Exclusion of supplemental State and local funds from
supplement, not supplant and comparability determinations.
(a) For purposes of determining compliance with the comparability
requirement in section 1120A(c) and the supplement, not supplant
requirement in section 1120A(b) of the Act, a grantee or subgrantee
under parts A or C of Title I may exclude supplemental State and local
funds spent in any school attendance area or school for programs that
meet the intent and purposes of Title I.
(b) A program meets the intent and purposes of Title I if the
program--
(1)(i) Is implemented in a school in which the percentage of
children from low-income families is not less than 50 percent;
(ii) Is designed to upgrade the entire educational program in the
school to support students in their achievement toward meeting the
State's challenging student performance standards;
(iii) Is designed to meet the educational needs of all children in
the school, particularly the needs of children who are failing, or most
at risk of failing, to meet the State's challenging student performance
standards; and
(iv) Uses the State's system of assessment to review the
effectiveness of the program; or
(2)(i) Serves only children who are failing, or most at risk of
failing, to meet the State's challenging student performance standards;
(ii) Provides supplementary services designed to meet the special
educational needs of the children who are participating to support
their achievement toward meeting the State's student performance
standards that all children are expected to meet; and
(iii) Uses the State's system of assessment to review the
effectiveness of the program.
(c) The conditions in paragraph (b) of this section also apply to
supplemental State and local funds expended under sections
1113(b)(1)(C) and 1113(c)(2)(B) of the Act.
(Authority: 20 U.S.C. 6322(d))
[FR Doc. 98-8252 Filed 3-30-98; 8:45 am]
BILLING CODE 4000-01-P