[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14665]


[[Page Unknown]]

[Federal Register: June 16, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

 

Assistance to Local Educational Agencies (LEAs)

AGENCY: Office of the Secretary, DoD.

ACTION: Notice of a program for providing financial assistance to LEAs.

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SUMMARY: Pursuant to section 386 of Public Law No. 102-484, as amended 
by section 373 of Public Law 103-160, the ``National Defense 
Authorization Act for Fiscal Year 1994,'' November 30, 1993, notice is 
hereby given of a program to provide financial assistance to eligible 
LEAs. Section 386(b) of Public Law No. 102-484, as amended, requires 
DoD to assist an LEA that cannot, without such aid, ``provide 
[its]students . . . with a level of education that is equivalent to the 
minimum level of education available in schools of the other local 
educational agencies of the same State,'' provided that the LEA meets 
one of the three criteria established by section 386(c). For the 
purpose of this notice, the term ``military dependent student'' has the 
same meaning as in section 386(h)(2) of Public Law 102-484, as amended. 
In making the necessary determination under section 386(b), the 
Secretary of Defense must consult the Secretary of Education.

DATES: June 16, 1994.

ADDRESSES: Deputy Assistant Secretary of Defense (Personnel Support, 
Families & Education), room 3E784, The Pentagon, Washington, DC 20301-
4000.

FOR FURTHER INFORMATION CONTACT:Dr. Hector O. Nevarez or Mr. John B. 
Shaver, Section 6 Schools, 4040 North Fairfax Drive, Arlington, VA 
22203-1635; telephone (703) 696-4354 or 4361; facsimile number (703) 
696-8920.

SUPPLEMENTARY INFORMATION: During fiscal year (FY) 1994, the Department 
of Defense shall provide 40 million dollars to assist LEAs that meet 
criteria in section 386 of Public Law 102-484, as amended. (For the 
purposes of this program, DoD shall rely on data from the Department of 
Education).
    Pursuant to subsection 386(c)(1) of Public Law No. 102-484, as 
amended, an LEA is eligible for assistance under this program if it 
satisfies subsection 386(b) and ``at least 30 percent (as rounded to 
the nearest whole percent) of the students in average daily attendance 
in the schools of that agency in that fiscal year are military 
dependent students counted under subsection (a) or (b) of section 3 of 
the Act of September 30, 1950 (Pub. L. 874, Eighty-first Congress; 20 
U.S.C. 238).''
    Pursuant to subsection 386(c)(2) of Public Law No. 102-484, as 
amended, an LEA is eligible for assistance under this program if it 
satisfies subsection 386(b) and its average daily attendance (ADA) of 
military dependent students increased by at least 300 or more students 
from FY 1993 to FY 1994 as a result of ``a relocation of Armed Forces 
personnel or civilian employees of the Department of Defense or as a 
result of a realignment of one or more military installations.'' Such 
300 or more students must equal an increase in the ADA of military 
dependent students of at least 10 percent or more from FY 1993 to FY 
1994.
    An alternate way of achieving eligibility for assistance is 
prescribed under subsection 386(c)(3) of Public Law No. 102-484, as 
amended. To qualify, the LEA must satisfy subsection 386(b) and ``by 
reason of consolidation or reorganization of local educational agencies 
be a successor of [an LEA] that for fiscal year 1992,'' was eligible to 
receive payments under DoD Instruction 1342.18, dated June 3, 1991 (32 
CFR part 240, 56 FR 28821), and satisfy the requirements in subsection 
386(a)(1) or subsection 386(c)(2).
    For the purposes of this program, the following definitions are 
applicable:
    (a) Applicant. Any LEA requesting assistance under this notice.
    (b) Current Expenditures. ``[E]xpenditures for free public 
education, including expenditures for administration, instruction, 
attendance and health services, pupil transportation services, 
operation and maintenance of plant, fixed charges, and expenditures to 
cover deficits for food services and student body activities. The term 
does not include expenditures for community services, capital outlay, 
debt service, or any expenditures made from funds granted for the 
purpose of chapter 1 and 2 of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 2701-2976). An expenditure for the 
replacement of equipment is considered to be either a current 
expenditure or capital outlay, whichever is in accordance with State 
accounting guidelines, law, or practice.'' 34 CFR Sec. 222.3.
    (c) DoD Contribution. The amount of financial assistance an 
applicant shall receive under this notice.
    (d) Federal Property. Real property that because of Federal law, 
agreement, or policy is exempt from taxation by a State or political 
subdivision of a State and that the United States owns in fee simple or 
leases from another party.
    (e) Local Education Agency (LEA). A public board of education or 
other public authority legally constituted within a State for either 
administrative control or direction of, or to perform a service 
function for, public elementary or secondary schools in a city, county, 
township, school district, or other political subdivision of a State, 
or such combination of school districts or counties as are recognized 
in a State as an administrative agency for its public elementary or 
secondary schools. Such term includes any other public institution or 
agency having administrative control and direction of a public 
elementary or secondary school.
    (f) Military Dependent Student. A student that is a dependent child 
of a member of the Armed Forces or a dependent child of a civilian 
employee of the Department of Defense.
    (g) Military Personnel. Members of the Armed Forces serving on 
active duty.
    (h) Military 3(a) Student. A child who attends the school(s) of a 
LEA that provides free public education and who, while attending such 
school(s) of the LEA, resides on Federal property and has a parent who 
is on active duty in the Armed Forces (as defined in section 101(4) of 
10 U.S.C.).
    (i) Military 3(b) Student. A child who attends the schools of a LEA 
that provides a free public education and who, while attending such 
school(s), has a parent who is on active duty in the Armed Forces (as 
defined in 10 U.S.C. 101(4)) but such child does not reside on Federal 
property.
    (j) Parent. The biological father or mother of a child; a person 
who, by order of a court of competent jurisdiction, has been declared 
the father or mother of a child by adoption; the legal guardian of a 
child; or a person in whose household a child resides, provided that 
such person stands in loco parentis to that child and contributes at 
least one-half of the child's support.
    (k) Per-Pupil Expenditure (PPE). The average current expenditure 
for an individual student.
    The Department of Defense shall provide 40 million dollars to 
assist the LEAs that satisfy the requirements of this notice This money 
shall be used only to supplement funding for the eligible LEAs 
operating schools that provide free public education to military 
dependent students for whom: (1) For the prior and current FYs, the LEA 
has applied for and received, or shall receive, financial assistance 
from all regular Federal and State educational aid programs available 
to it, including the Impact Aid Program (Pub. L. No. 81-874, section 3, 
as amended); (2) the eligibility of the LEA under State law for State 
aid for free public education and the amount of that aid are no 
different than the eligibility and amounts received by LEAs in that 
State without military dependent students; and (3) the LEA files with 
the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) a 
letter of application (see Sample Letter at the end of this notice) and 
a copy of an independently audited financial report of the applicant 
LEA for the second preceding FY.
    The eligible LEAs under this notice insofar as it implements 
subsection 386(c)(1) and subsection 386(c)(2) shall receive financial 
assistance for military dependent students. The eligible LEAs under 
this notice insofar as it implements subsection 386(c)(3) shall receive 
financial assistance only for military section 3(a) students. 
Applications for financial assistance must be received no later than 
June 30, 1994.
    The amount of assistance (the DoD contribution) for the eligible 
LEAs under this notice may not exceed the amount derived from the 
following formula:
    (1) Of the 40 million dollars available:
    (i) Amounts of 27,000,000 dollars shall be obligated for military 
section 3(a) students to those eligible LEAs whose per-pupil 
expenditure (PPE) for the second preceding FY was less than the average 
PPE in the State for the second preceding FY.
    (ii) Amounts of 2,250,000 dollars shall be obligated for military 
section 3(b) students and for those students who are the dependent 
children of civilian employees of the Department of Defense to those 
eligible LEAs, whose PPE for the second preceding FY was less than the 
average PPE in the State for the second preceding FY.
    (iii) Amounts of 9,000,000 dollars shall be obligated for military 
section 3(a) students to those eligible LEAs whose PPE for the second 
preceding FY was equal to, or greater than the average PPE in the State 
for the second preceding FY.
    (iv) Amounts of 750,000 dollars shall be obligated for military 
section 3(b) students and for those students who are the dependent 
children of civilian employees of the Department of Defense to those 
eligible LEAs whose PPE for the second preceding FY was equal to, or 
greater than the average PPE in the State for the second preceding FY.
    (v) Amounts of 1,000,000 dollars shall be obligated to those 
eligible LEAs whose ADA of military dependent students increased by 300 
or more students from FY 1993 to FY 1994 as a result of ``a relocation 
of Armed Forces personnel or civilian employees of the Department of 
Defense or as a result of a realignment of one or more military 
installations.''
    (2) For military section 3(a) students in those eligible LEAs, 
whose average PPE for the second preceding FY was less than the average 
PPE in the State for the second preceding FY, the LEA shall receive an 
amount, as follows:
    (i) Equal to the LEA's military section 3(a) ADA for SY 1993-1994.
    (ii) Multiplied by the quotient of the funds available to those 
LEAs, whose PPE for the second preceding FY was less than the average 
PPE in the State for the second preceding FY (27,000,000 dollars).
    (iii) Divided by the sum of the ADAs for SY 1993-1994 of military 
section 3(a) students of those same eligible LEAs.
    (3) For military section 3(b) students and for those students who 
are the dependent children of civilian employees of the Department of 
Defense in those eligible LEAs whose average PPE for the second 
preceding FY was less than the average PPE in the State for the second 
preceding FY, the LEA shall receive an amount, as follows:
    (i) Equal to the LEA's military section 3(b) and dependent children 
of a civilian employee of the Department of Defense ADA for SY 1993-
1994.
    (ii) Multiplied by the quotient of the funds available to those 
LEAs whose PPE for the second preceding FY was less than the average 
PPE in the State for the second preceding FY (2,250,000 dollars).
    (iii) Divided by the sum of the ADAs for SY 1993-1994 of military 
section 3(b) and dependent children of civilian employees of the 
Department of Defense students of those same eligible LEAs.
    (4) For military section 3(a) students in those eligible LEAs whose 
PPE for the second preceding FY was equal to, or greater than the 
average PPE in the State for the second preceding FY, the LEA shall 
receive an amount, as follows:
    (1) Equal to the LEA's military section 3(a) ADA for SY 1993-1994.
    (ii) Multiplied by the quotient of the funds available to those 
LEAs whose PPE for the second preceding FY was less than the average 
PPE in the State for the second preceding FY (9,000,000 dollars).
    (iii) Divided by the sum of the ADAs for SY 1993-1994 of military 
section 3(a) students of those same eligible LEAs.
    (5) For military section 3(b) students and for the students who are 
the dependent children of civilian employees of the Department of 
Defense in those eligible LEAs whose PPE for the second preceding FY 
was equal to, or greater than the average PPE in the State for the 
second preceding FY, the LEA shall receive an amount, as follows:
    (i) Equal to the LEA's military section 3(b) and dependent children 
of a civilian employee of the Department of Defense ADA for SY 1993-
1994.
    (ii) Multiplied by the quotient of the funds available to those 
LEAs whose PPE for the second preceding FY was less than the average 
PPE in the State for the second preceding FY (750,000 dollars).
    (iii) Divided by the sum of the ADAs for SY 1993-1994 of military 
section 3(b) students and dependent children of civilian employees of 
the Department of Defense of those same eligible LEAs.
    (6) For those military dependent students in those eligible LEAs 
whose ADA of military dependent students increased by 300 or more 
students from FY 1993 to FY 1994 as a result of ``a relocation of Armed 
Forces personnel or civilian employees of the Department of Defense or 
as a result of a realignment of one or more military installations,'' 
the LEA shall receive an amount, as follows:
    (i) Equal to the LEA's military dependent student ADA for SY 1993-
1994.
    (ii) Multiplied by the quotient of the funds available to those 
LEAs (1,000,000 dollars).
    (iii) Divided by the sum of the ADAs for SY 1993-1994 of military 
dependent students of those same LEAs.
    The USD(P&R) shall calculate the proposed contribution. The 
contribution may be used for all students in the LEA, at the discretion 
of the appropriate officials in the LEA. The USD(P&R) shall ensure the 
implementation of these policies and procedures and provide assistance, 
as required, to the potentially eligible LEAs. The General Counsel of 
the Department of Defense shall provide legal advice for the 
implementation of this program.
    An applicant requesting assistance under this notice shall submit a 
letter of application (see sample letter at end of this notice) and a 
copy of an independently audited financial report of the applicant LEA 
for the second preceding FY, requesting a DoD contribution and assuring 
the USD(P&R) that the LEA has applied for, has received or shall 
receive all financial assistance from other sources for which it is 
qualified. Letters of application must be addressed as follows: Under 
Secretary of Defense (Personnel and Readiness), 4000 Defense Pentagon, 
Washington, DC 20301-4000.
    The applicant shall also file a copy of the letter of application 
for financial assistance and required supportive information with the 
State educational agency (SEA). The SEA may submit comments on the 
LEA's application to the Department of Defense (at the above address) 
by July 8, 1994. Such comments shall be considered when applications 
are reviewed by the OSD. The LEA's application and all required 
supporting information must reach the USD(P&R) no later than June 30, 
1994.

Sample Letter of Application for Financial Assistance

Under Secretary of Defense,
(Personnel and Readiness), 4000 Defense Pentagon, Washington, DC 
20301-4000.

    Dear Mr. Under Secretary: Pursuant to this ``Notice of a Program 
for Providing Financial Assistance to LEAs,'' ________ Federal 
Register ________ (________, 1994), the (name of the local 
educational agency (LEA)) requests financial assistance for the LEA 
for school year 1993-1994. We certify that the LEA has applied for 
financial assistance from all sources, including the State/
Commonwealth of (name). We understand that funds available for that 
purpose shall be paid on a per-pupil basis for military section 3(a) 
and military section 3(b) students and for those students who are 
the dependent children of civilian employees of the Department of 
Defense, as these terms are defined in the ``Notice of a Program for 
Providing Financial Assistance to LEAs.'' Enclosed find a copy of 
our independent audit ``(Title)'' prepared by (name of firm or 
agency). We have submitted a complete and timely application for 
section 3 impact aid assistance to the Secretary of Education. A 
copy of this letter, with the above supporting information, is being 
submitted to the State educational agency.

      Sincerely,

(Authorized LEA Official)

    Dated: June 13, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-14665 Filed 6-15-94; 8:45 am]
BILLING CODE 5000-04-M