[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16902]


[[Page Unknown]]

[Federal Register: July 13, 1994]


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Part II





Department of Education





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Cooperative Demonstration Program (Correctional Education); Notices
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DEPARTMENT OF EDUCATION

 
Cooperative Demonstration Program (Correctional Education)

AGENCY: Department of Education.

ACTION: Notice of final priorities, required activities, selection 
criteria, and other requirements for grants to be made in fiscal year 
1995.

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SUMMARY: The Secretary announces priorities for awards to be made in 
fiscal year (FY) 1995 using funds appropriated in FY 1994 under the 
Cooperative Demonstration Program, which is authorized by the Carl D. 
Perkins Vocational and Applied Technology Education Act (Perkins Act). 
Under the absolute priority, funds under this competition would be 
reserved for applications proposing to demonstrate successful 
cooperation between the private sector and public agencies in 
vocational education programs that serve criminal offenders under the 
supervision of the justice system. In addition, the Secretary 
particularly invites applications that, within the absolute priority on 
correctional education, incorporate one or more of the following 
invitational priorities: (1) advanced technologies; (2) community-based 
correctional education; and (3) juvenile justice education. The 
Secretary also imposes requirements related to the priorities and other 
matters, and will use new selection criteria in evaluating applications 
submitted for this competition only.

EFFECTIVE DATE: The provisions in this notice take effect either 45 
days after publication in the Federal Register or later if Congress 
takes certain adjournments. If you wish to know the effective date, 
call or write the Department of Education contact person.

FOR FURTHER INFORMATION CONTACT: Gail M. Schwartz or Christopher Koch, 
U.S. Department of Education, 400 Maryland Avenue, SW., room 4529, 
Switzer Building, Washington, DC. 20202-7242. Telephone: (202)-205-
5621. 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: The Cooperative Demonstration Program 
provides financial assistance for, among other things, model projects 
that demonstrate successful cooperation between the private sector 
(including employers, consortia of employers, labor organizations, 
building trade councils, and private agencies, organizations, and 
institutions) and public agencies in vocational education (including 
State boards for vocational education, State or local corrections or 
correctional education agencies, or eligible recipients as defined in 
34 CFR 400.4). This program can help further the purposes of the 
National Education Goals; specifically, the correctional education 
priority directly supports the Goal that, by the year 2000, every adult 
American will be literate and will possess the knowledge and skills 
necessary to compete in a global economy and exercise the rights and 
responsibilities of citizenship.
    The designation of correctional education as a priority under the 
Cooperative Demonstration program is based on the critical problems of 
illiteracy and recidivism pervading our Nation's adult and juvenile 
corrections population. The U.S. Department of Education's National 
Adult Literacy Survey Report, ``Literacy Behind Prison Walls'' 
described a 70 percent illiteracy rate among a sample of prisoners as 
follows:

    About seven in ten prisoners * * * are apt to experience 
difficulty in performing tasks that require them to integrate or 
synthesize information from complex or lengthy texts or to perform 
quantitative tasks that involve two or more sequential operations 
and that require the individual to set up the problem (1993, p. vi).

    Additionally, a recent study, ``Vocational and Academic Indicators 
of Parole Success,'' published in the Journal of Correctional 
Education, found that inmates who had received academic and vocational 
training while in prison were more likely to be employed and less 
likely to commit crimes after their release than other inmates 
(Schumacker, et al., 1990).
    Academic and vocational training is also critical for probationers 
and parolees, since the majority of the Nation's criminal offenders are 
serving sentences within community corrections settings. According to 
the Bureau of Justice Statistics, there were about 3.5 million adults 
under correctional supervision in the United States at the beginning of 
1993. Of these, 2.6 million, or 74 percent, were under active probation 
or parole supervision within the community.
    Educational programs for criminal offenders that use applied 
learning strategies to teach life skills, job skills, and literacy can 
reduce the likelihood that the offenders will return to the criminal 
justice system. After completing their sentences, ex-offenders often 
have limited opportunities for meaningful employment and lack necessary 
basic life skills, including the job-seeking and job-retention skills 
needed to obtain and maintain employment. Without basic literacy and 
job skills, it is unlikely that these persons will become fully 
productive members of society.
    On April 6, 1994, the Secretary published a notice of proposed 
priorities, required activities, selection criteria, and other 
requirements for the Cooperative Demonstration Program (Correctional 
Education) in the Federal Register (59 FR 16192).

    Note: This notice of final priorities does not solicit 
applications. A notice inviting applications under this competition 
is published in a separate notice in this issue of the Federal 
Register.

Analysis of Comments and Changes

    In response to the Secretary's invitation in the notice of proposed 
priority, 18 parties submitted comments. An analysis of the specific 
comments follows:

Absolute and Invitational Priorities

    Comments: One commenter recommended that priority be given to 
programs that build on correctional education projects previously 
funded under the Cooperative Demonstration Program.
    Discussion: The Secretary intended that previously funded 
correctional education demonstration grants, awarded in September 1992, 
include plans for continuing after Federal funding ends, as 
demonstrated by the selection criteria used in the earlier competition. 
The Secretary believes that while expanding previously funded programs 
may indeed be worthwhile, other projects should be afforded the 
opportunity to compete for these limited Federal funds. Nevertheless, 
previously funded projects are eligible to apply for funds under this 
competition on the same basis as other projects.
    Changes: None.
    Comments: Several commenters made suggestions for more 
comprehensive services to be identified under the proposed priorities, 
including: pre-vocational assessment, individual training plans for 
students, case management as an approach to providing social services 
for released offenders, student retention as an outcome measure, use of 
support systems in the community, and the availability of non-
traditional vocational training programs for female offenders. One 
commenter recommended that invitational priorities be created for 
offenders with special learning needs and histories of substance abuse. 
One commenter also recommended that the coordination of the academic, 
vocational, and substance abuse treatment components be an integral 
feature of the funded projects.
    Discussion: The Secretary acknowledges that all of these components 
would provide more comprehensive services and, under the existing 
priority, they may be included in an application at the applicant's 
discretion. The priority has been designed to allow an applicant 
flexibility and creativity to meet the needs that exist in its own 
institution or community.
    Changes: None.
    Comments: One commenter suggested that eligibility be expanded to 
include those who are not former offenders. This commenter also 
proposed that Federal funds be used to pay for internships in for-
profit institutions.
    Discussion: The Secretary believes that this competition should be 
limited to projects that will serve criminal offenders under the 
supervision of the justice system, including those on probation and 
parole. As discussed elsewhere in this notice, this priority was chosen 
based on the critical problems of literacy and recidivism pervasive 
among the adult and juvenile corrections population.
    With respect to the comment concerning the use of Federal funds to 
pay for internships in for-profit institutions, the Secretary does not 
believe that this type of assistance is necessary for the successful 
completion of projects that address the absolute priority established 
in this notice.
    Changes: None.
    Comments: One commenter suggested aligning the priority with the 
School-to-Work Opportunities Act and national skill standards. In 
addition, the commenter recommended that the priority reflect current 
U.S. Department of Labor policy regarding education and workforce 
development.
    Discussion: The Secretary believes the priority is consistent with 
the School-to-Work Opportunities Act and the Goals 2000: Educate 
America Act. For example, the priority includes such components as 
work-based and school-based learning, transition activities, and 
partnerships between public and private agencies, required in the 
School-to-Work Opportunities Act. The priority also targets the 
National Education Goals of adult literacy and life long learning.
    The Goals 2000: Educate America Act established a Skills Standards 
Board. A primary responsibility of the Board will be to coordinate the 
development of voluntary national skill standards. At this time, 
national skill standards do not exist; therefore, applicants are 
encouraged to use common standards that have been developed by trade 
and professional associations, such as the National Occupational 
Competency Testing Institute and the Vocational-Technical Education 
Consortium of States, or other standards that are being utilized in 
current training programs, including those being developed by 
organizations under contract with the Departments of Education and 
Labor.
    Changes: None.
    Comments: One commenter stated that, as currently written, the 
absolute priority rendered them ineligible because their State 
legislature mandates that instruction be separate from custody.
    Discussion: The Secretary acknowledges the unique circumstances 
surrounding education and vocational training programs for incarcerated 
and detained individuals. This competition, however, is specifically 
designed to include all criminal offenders including those in community 
corrections settings and, therefore, does not exclude State systems 
that separate custody from instruction, as long as a private sector 
entity is involved in the proposed project as well.
    Changes: None.

Definitions

    Comments: One commenter requested that the definition of 
``community corrections'' be expanded to include individuals who may 
not be under the supervision of a parole or probation officer and are 
in the community, e.g., halfway house residents, pre-release residents, 
or work release program participants.
    Discussion: Under the absolute priority, individuals under the 
supervision of the criminal justice system, including halfway house 
residents, pre-release residents and work release program participants, 
are eligible to be served. (34 CFR 400.4 defines ``criminal offender'' 
as any individual who is charged with, or convicted of, any criminal 
offense, including a youth offender or a juvenile offender and 
``correctional institution'' as any prison, jail, reformatory, work 
farm, detention center, or halfway house, community-based 
rehabilitation center, or any other similar institution designed for 
the confinement or rehabilitation of criminal offenders.) Only 
invitational priority 2--community corrections is limited to criminal 
offenders under the supervision of a parole or probation officer.
    Changes: None.
    Comments: One commenter suggested that the definition of ``life 
skills'' be aligned with the recommendations in a report issued by the 
Department of Labor, the Secretary's Commission on Achieving Necessary 
Skills (SCANS). The commenter suggested that the life skills definition 
be expanded to include a number of basic, thinking, interpersonal, and 
resource management skills including moral, social and religious 
values, managing personal finances, and human resources management.
    Discussion: The definition of ``life skills'' is consistent with 
many of the workplace competencies identified in SCANS. In this notice, 
``life skills'' is broadly defined to include self-development, 
communication, job development, and education; however, certain 
limitations do exist. For example, ``life skills'' does not include 
moral, social and religious values, personal finances, and human 
resource management because these activities are not the types of 
assistance that are necessary for the success of projects that address 
the absolute priority established in this notice. Therefore, these are 
not included in the definition of ``life skills.''
    Changes: None.

Selection Criteria

    Comments: One commenter believed the State's colleges would be 
ineligible for assistance under the priority because the ``Program 
Factors'' selection criterion rewards correctional education programs 
that provide learning situated at worksite locations outside of 
institutions and requires interdisciplinary staff in-service education 
that includes security personnel.
    Discussion: The purpose of this competition is to demonstrate 
successful cooperation between the private sector and public agencies 
in vocational education programs, and to provide transition from 
correctional education programs to productive employment. This 
includes, among other things, work experience or employment based 
learning programs. The priority and selection criteria, however, do not 
stipulate where the work experience is to occur or how it may be 
accomplished, thus allowing the applicant creativity and flexibility in 
developing a model.
    Interdisciplinary staff in-service education involving security 
personnel is an important component found in comprehensive correctional 
education programs already funded by the Department of Education and, 
for this reason, is reflected in the selection criteria. Such 
interaction supports team building and an education system that is 
mutually beneficial to both education and corrections staff.
    Changes: None.

Other Requirements

    Comments: Two commenters expressed concern regarding the 
requirement that projects funded under this competition not spend more 
than 10 percent of their grant funds for equipment. The commenters 
indicated that the Secretary's invitational priority for applications 
that incorporate the use of interactive instructional technologies, 
such as distance learning, in the context of both student learning and 
staff in-service training, would require a substantial investment in 
equipment.
    Discussion: The Secretary believes that limiting the amount of 
Federal funds used to purchase equipment to a maximum of 10 percent is 
appropriate for this competition. The Secretary also emphasizes that, 
while the use of Federal funds for equipment is limited to not more 
than 10 percent, matching funds may be used for this purpose.
    The primary purpose of this competition is to enhance, expand, and 
demonstrate successful training programs. If more than 10 percent of 
the Federal funds were to be used to purchase equipment, the intended 
purpose of the projects would be diminished. This restriction will help 
ensure that the funds available are used where they are needed most to 
train students.
    Projects funded under the Cooperative Demonstration Program must be 
capable of wide replication. If a large percentage of Federal funds are 
used to purchase equipment, the possibilities for replication become 
limited. The Secretary therefore, believes it is necessary to limit the 
use of Federal funds for equipment purchases, to ensure that project 
replication is possible and to improve accountability of funds for 
direct training of students.
    Changes: None.

Absolute Priority

    Under 34 CFR 75.105(c)(3), the Secretary gives an absolute 
preference to applications that meet the following priority. The 
Secretary will fund under this competition only model projects that 
demonstrate ways in which public agencies in vocational education and 
the private sector can work together effectively to assist vocational 
education students who are criminal offenders under the supervision of 
the justice system to attain the advanced level of skills they need to 
make a successful transition from correctional education programs to 
productive employment including--
    (a) Work experience or apprenticeship programs;
    (b) Transitional worksite job training for vocational education 
students that is related to their occupational goals and closely linked 
to classroom and laboratory instruction provided by an eligible 
recipient;
    (c) Placement services in occupations that the students are 
preparing to enter;
    (d) If practical, projects that will benefit the public, such as 
the rehabilitation of public schools or housing in inner cities or 
economically depressed rural areas; or
    (e) Employment-based learning programs.

Required Activities

    The Secretary requires that any projects funded under this 
competition--
    (a) Coordinate with community agencies that furnish transitional 
supportive services to criminal offenders such as individual and family 
counseling, housing assistance, transportation, and social and cultural 
activities;
    (b) Include a well-designed staff inservice education component to 
insure the effective implementation of the program;
    (c) Address the special learning needs of offenders;
    (d) Use applied learning strategies to teach life skills, jobs 
skills, and literacy;
    (e) If applicable, provide for a transition from institutional 
environments to community settings;
    (f) Address State and local labor shortages and consult the State 
Occupational Information Coordinating Committee or State Labor Market 
Information Unit in making this determination; and
    (g) Must submit proof of committed partnerships between public 
agencies and the private sector. The definitions of ``private'' and 
``public'' contained in 34 CFR 77.1 do not include entities under the 
supervision or control of the Federal Government; thus, Federal 
entities, including Federal prisons, are not eligible members of the 
partnerships required by 34 CFR 426.4(b).
    This program activity is authorized by section 420A(a)(2) of the 
Perkins Act (Pub. L. 101-392, 104 Stat. 753 (1990)).

Invitational Priorities

    Within the absolute priority specified in this notice, the 
Secretary is particularly interested in applications that meet one or 
more of the following invitational priorities. However, under 34 CFR 
75.105(c)(1), an application that meets these invitational priorities 
does not receive competitive or absolute preference over other 
applications:

Invitational Priority 1--Advanced Technologies

    Projects that incorporate the use of interactive instructional 
technologies, such as distance learning, in the context of both student 
training and staff inservice training.

Invitational Priority 2--Community Corrections

    Projects that provide integrated vocational and academic education 
to individuals on probation or parole in community corrections.

Invitational Priority 3--Juvenile Justice Education

    Projects that provide integrated vocational and academic education 
to students in the juvenile justice system. This may include youth 
placed in detention centers, training schools, boot camps, or 
community-based programs.

Definitions

    As used in this notice--
    ``Applied learning'' is actively student-oriented, characterized by 
lively classroom discussions, absorbing group projects, meaningful 
homework assignments, laboratory experiments, live and videotaped 
presentations, and other hands-on activities. The purpose of applied 
learning is to create an environment that actively engages students and 
teachers in a collaborative learning process.
    ``Community corrections'' refers to programs serving probationers 
and parolees.
    ``Life skills'' includes self-development, communication skills, 
job development, and education.
    ``Literacy'' means an individual's ability to read, write, and 
speak in English and compute and solve problems, at levels of 
proficiency necessary to function on the job and in society, to achieve 
one's goals, and to develop one's knowledge and potential.

Criteria for Evaluating Applications

    For the FY 1995 grant competition under the Cooperative 
Demonstration program (Correctional Education) only, the Secretary uses 
the selection criteria and assigned points in 34 CFR 426.21 with the 
exception of 34 CFR 426.21(a) and (b), which are replaced with the 
following:
    (a) Program factors. (25 points) The Secretary reviews the 
application to assess the quality of the proposed project, including 
the extent to which the proposed project will provide--
    (1) Integrated academic and vocational activities that reflect 
current and projected labor market trends and are based upon the 
Secretary of Labor's Commission on Achievement of Necessary Skills 
(SCANS) report recommendations;
    (2) Transition from correctional education programs to productive 
employment including one or more of the following:
    (i) Work experience or apprenticeship projects.
    (ii) Transitional worksite job training for vocational education 
students that is related to their occupational goals and closely linked 
to classroom and laboratory instruction provided by an eligible 
recipient.
    (iii) Placement services in occupations that the students are 
preparing to enter.
    (iv) If practical, projects that will benefit the public, such as 
the rehabilitation of public schools or housing in inner cities or 
economically depressed rural areas.
    (v) Employment-based learning programs.
    (3) Post-sentence transitional services and follow-up assistance;
    (4) Interdisciplinary staff in-service education that includes 
security personnel;
    (5) Inmate assessment that addresses academic, vocational and 
special learning needs;
    (6) Ongoing occupational counseling to assist with the development 
of an individual vocational plan;
    (7) Coordination with community agencies that furnish transitional 
supportive services to criminal offenders such as individual and family 
counseling, housing assistance, transportation, and social and cultural 
activities;
    (8) Coordination with the State Occupational Information 
Coordinating Committee or State Labor Market Information Unit in 
determining State and local labor shortages; and
    (9) Adequate and appropriate involvement and cooperation of the 
public and private sectors in the projects, including--
    (i) A clear identification of the public and private sector 
involvement in the planning of the project;
    (ii) A description of public and private sector involvement in the 
planning of the project including letters of commitment; and
    (iii) A description of public and private sector involvement in the 
operation of the project.
    (b) Educational significance. (10 points) The Secretary reviews 
each application to determine the extent to which the applicant 
proposes--
    (1) Project objectives that contribute to the improvement of 
education for criminal offenders;
    (2) To use unique and innovative techniques to produce benefits 
that address educational problems and needs that are of national 
significance; and
    (3) To base the proposed project on successfully designed, 
established, and operated model vocational education programs that 
include components similar to the components required by this program, 
as evidenced by empirical data that demonstrate impact from those 
programs in factors such as--
    (i) Student performance and achievement;
    (ii) GED completion; and
    (iii) Post-sentence employment or enrollment in education or 
training programs or both.

Other Requirements

Purchase of Equipment

    The projects funded under this competition may expend up to 10 
percent of Federal funds for equipment as defined in 34 CFR 74.132 and 
80.3.

Intergovernmental Review

    This 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 Department's specific plans and actions for 
this program.
    Applicable Program Regulations: 34 CFR Parts 400 and 426.

    Program Authority: 20 U.S.C. 2420a.

(Catalog of Federal Domestic Assistance Number 84.199D Cooperative 
Demonstration Program)

    Dated: July 6, 1994.
Augusta Souza Kappner,
Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 94-16902 Filed 7-12-94; 8:45 am]
BILLING CODE 4000-01-P