[Federal Register: July 28, 1998 (Volume 63, Number 144)]
[Notices]
[Page 40343-40345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy98-131]
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DEPARTMENT OF EDUCATION
Office of Bilingual Education and Minority Languages Affairs
AGENCY: Department of Education.
ACTION: Notice of Limitations and Procedures for Submission and
Evaluation of Amended Applications for
[[Page 40344]]
Bilingual Education: Comprehensive School Grants
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SUMMARY: The Secretary announces limitations and procedures for
submission and evaluation of amended applications for new grants under
the Comprehensive School Grants program, which is administered by the
Office of Bilingual Education and Minority Languages Affairs (OBEMLA).
The limitations and procedures for evaluation and submission apply only
in fiscal year (FY) 1998. The Secretary takes this action to allow
eligible applicants from California that participated in the
Comprehensive School Grants program competition announced in the
Federal Register on October 16, 1997 (62 FR 53880-53905) to submit
amended applications that take into account the new requirements for
serving students with limited English proficiency (LEP) established in
that State by Proposition 227, ``English Language Education for
Children in Public Schools.'' Proposition 227 was passed by
California's voters on June 2, 1998. No other applications or
amendments will be accepted.
EFFECTIVE DATE: This notice takes effect July 28, 1998.
FOR FURTHER INFORMATION CONTACT: Harpreet Sandhu or Diane DeMaio, U.S.
Department of Education, 600 Independence Avenue, SW., room 5607,
Switzer Building, Washington, DC 20202-6510. Telephone: Harpreet Sandhu
(202) 205-9808, Diane DeMaio (202) 205-5716. 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.
Individuals with disabilities may obtain this notice in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to one of the contact persons listed in the
preceding paragraph.
SUPPLEMENTARY INFORMATION: The Comprehensive School Grants program is
authorized in section 7114 of Title VII of the Elementary and Secondary
Education Act of 1965 (ESEA), as amended (20 U.S.C. 7424). This program
provides grants to local educational agencies (LEAs) or one or more
LEAs in collaboration with an institution of higher education,
community-based organizations, other LEAS, or a State educational
agency. Funds under this program are to be used to implement schoolwide
bilingual education programs or schoolwide special alternative
instruction programs for reforming, restructuring, and upgrading all
relevant programs and operations, within an individual school, that
serve all or virtually all LEP children and youth in one or more
schools with significant concentrations of those children and youth.
On October 16, 1997, the Department announced in the Federal
Register the FY 1998 competition for the Comprehensive School Grants
program. The deadline for transmittal of applications was January 26,
1998 (62 FR 53880). In response to that invitation 386 eligible
applications, 108 of which were from California, were submitted to the
Department. These applications have all been evaluated, on the basis of
the selection criteria set out in the October 16, 1997 notice, by
panels of expert reviewers and placed in a rank order. Based on that
rank ordering, the amount of available funds, and other relevant
factors, the Department has determined that approximately 45
applications are eligible to receive new awards under the Comprehensive
School Grants program. A number of applications from California were
within the funding range of this rank order.
On June 2, 1998, prior to the Department making any new awards
under this year's Comprehensive School Grants program competition, the
voters of California approved Proposition 227, which imposes
significant new requirements and limitations on how LEAs in that State
can educate LEP students. Proposition 227 will take effect at the start
of the coming school year. As a result, many of the California LEAs
that submitted applications for new awards in this year's Comprehensive
School Grants program competition may not be able to carry out the
projects described in their application. The California LEAs that
submitted applications in this year's Comprehensive School Grants
program competition acted in good faith in relying on the State laws on
serving LEP students that were in effect on the date applications were
due, January 26, 1998. The Secretary has concluded that it would be
unfair to the eligible applicants from California that participated in
this year's Comprehensive School Grants program competition, and
contrary to the needs of children who would be served by those
projects, to deny them an opportunity to compete for funding because of
the changes in that State's law brought about by the passage of
Proposition 227.
Given these unique and unprecedented circumstances, the Secretary
has decided to allow all eligible applicants from California in this
year's Comprehensive School Grant competition an opportunity to submit
amended versions of their original applications to make them consistent
with Proposition 227. The Secretary has concluded that it is necessary
to offer this opportunity because applicants that cannot carry out
their proposed projects due to Proposition 227 will need to amend their
applications in order to be eligible for a Comprehensive School Grant
award.
The procedures established in this notice will operate in the
following way. First, these procedures will not adversely affect
applicants from outside California that finished in the funding range
in this year's competition. These applicants will receive grant awards
under the Comprehensive School program without regard to the procedures
announced in this Notice. Second, eligible applicants from California
that cannot carry out their proposed projects consistent with
Proposition 227 will be allowed to submit, by not later than August 18,
1998, amended applications. These amended applications will be
evaluated by panels of experts using the selection criteria set out in
the October 16, 1997 Federal Register notice (62 FR 53880-53905). The
absolute and competitive priorities set out in that notice will also
apply. Third, eligible applicants from California that have concluded
that their applications are consistent with Proposition 227 will inform
the Department of that conclusion, and its basis, by August 18, 1998.
Finally, based on the scores provided for the amended applications from
California and the previous scores of all other applications, a new
rank order for the Comprehensive School Grant competition will be
created. This new rank order will include all applications from
California and all the applications from outside of California that did
not finish in the funding range in the initial rank order. (As noted
earlier, applicants from outside of California that finished in the
funding range in the initial rank order will receive Comprehensive
School grant awards). Those applicants that rank high enough in the new
rank order will receive Comprehensive School grant awards. Under this
process, it is possible that applicants from California that would have
finished in the funding range in the initial rank order may not,
because of the score received by their amended proposal, finish in the
funding range in the new rank order. Conversely, other applicants that
would not have finished in the funding range in the initial rank order
may finish in the funding range in the new rank order.
[[Page 40345]]
The Secretary has concluded that this process appropriately
addresses and balances the needs of all the applicants that
participated in this year's competition, the unique circumstances
brought about by the passage of Proposition 227 after the due date for
applications had passed, and the public interest in selecting quality
projects that address the educational needs of LEP students.
The opportunity to submit amended applications is limited to
eligible California LEAs that responded to the October 16, 1997 Federal
Register notice. LEAs from other States that submitted applications in
response to that notice are not affected by Proposition 227 and, as a
consequence, do not need to amend their applications. LEAs from
California or other States that did not submit Comprehensive School
Grant applications in response to the October 16, 1997 Federal Register
notice are also excluded because their status in a competition in which
they did not elect to participate was not affected by the passage of
Proposition 227.
Deadline and Procedures for Submission and Evaluation of Amended
Applications
The Secretary, in order to ensure timely receipt and processing,
establishes the following deadline and procedures for submission and
evaluation of amended applications from California LEAs that responded
to the October 16, 1997 Federal Register notice.
Amended applications: In order to be considered for funding under
this program, amended applications must be received by the Secretary on
or before August 18, 1998. For purposes of amended applications
submitted pursuant to this notice, the Secretary will not apply 34 CFR
75.102(b), which requires an application to be mailed, rather than
received, by the deadline date.
If an eligible applicant wants to submit an amended application,
the applicant shall:
(1) Mail the original and two copies of the amended application to:
U.S. Department of Education, Office of Bilingual Education and
Minority Languages Affairs, (Attention West Regional Cluster), 600
Independence Avenue, SW, Switzer Building, room 5607, Washington, DC.
20202-6510; or
(2) Hand-deliver the original and two copies of the amended
application by 4:30 p.m. on or before the deadline date to: U.S.
Department of Education, Office of Bilingual Education and Minority
Languages Affairs, (Attention West Regional Cluster), Switzer Building,
room 5607, 330 C Street, SW., Washington DC.
Non-amended applications: If an eligible applicant concludes that
no changes are needed to its application due to Proposition 227, the
applicant must inform the Secretary, in writing, of that conclusion,
and the basis for reaching it, by August 18, 1998. Mail this statement
to: U.S. Department of Education, Office of Bilingual Education and
Minority Languages Affairs, (Attention: West Regional Cluster), 600
Independence Avenue, SW, Switzer Building, room 5607, Washington, DC.
20202-6510.
Amended applications will be reviewed in accordance with the
selection criteria and priorities announced in the October 16, 1997
notice for the Comprehensive School Grants program (62 FR 53880-53905).
The scores for the amended applications will then be combined with the
scores of the other unfunded applications to create a new rank order.
Waiver of Intergovernmental Review for Federal Programs for Amended
Applications
The Secretary waives the requirements of Executive Order 12372
(Intergovernmental Review of Federal Programs) for amended applications
submitted in response to this notice.
State Educational Agency Comment
The Department, prior to making an award to any applicant from
California, including both the amended proposals and the non-amended
proposals, will obtain verification from the California Department of
Education that the applicant's proposal is consistent with Proposition
227.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Department to offer interested parties an
opportunity to comment on proposed rules or priorities that are not
taken directly from a statute. Ordinarily, this practice would have
applied to the limitations and procedures in this notice. The
Administrative Procedure Act, however, exempts rules from this
requirement in those cases where providing an opportunity for public
comment is ``impracticable * * * or contrary to the public interest''
(5 U.S.C. 553(b)(B)). In this instance, the Secretary finds that it
would be both impracticable and contrary to the public interest to
provide an opportunity for public comment. Because FY 1998 awards under
the Comprehensive School Grants program can be made no later than
September 30, 1998, the Secretary has determined that there is not
sufficient time to allow interested parties to comment on this notice.
The Department, for the foregoing reasons, also waives the 30 day
delayed effective date pursuant to 5 U.S.C. 553(d).
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://gcs.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use 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 a document is the document
published in the Federal Register.
(Catalog of Federal Domestic Assistance Number, 84.290U, Bilingual
Education: Comprehensive School Grants)
Program authority: 20 U.S.C. 7424.
Dated: July 22, 1998.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.
[FR Doc. 98-20123 Filed 7-27-98; 8:45 am]
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