[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 85-86]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32048]
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DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
34 CFR Parts 200, 201, 203, and 212
Title I--Helping Disadvantaged Children Meet High Standards
AGENCY: Department of Education.
ACTION: Notice of meetings to conduct a negotiated rulemaking process.
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SUMMARY: The Assistant Secretary for Elementary and Secondary Education
(Assistant Secretary) of the U.S. Department of Education (Department)
will convene a negotiating group--including Federal, State, and local
education administrators, parents, teachers, and members of local
boards of education--to participate in a negotiated rulemaking process
prior to publishing proposed regulations to implement the programs
under Title I (formerly Chapter 1 of Title I), of the Elementary and
Secondary Education Act of 1965, as recently amended. Programs under
Title I are designed to help disadvantaged children meet high academic
standards and include programs operated by local educational agencies
in high-poverty schools (Part A), Even Start family literacy programs
(Part B), programs for migratory children (Part C), and prevention and
intervention programs for children and youth who are neglected,
delinquent, or at risk of dropping out (Part D). The group will review
draft proposed regulations developed on selected issues involving a
minimum of two key provisions of the statute--``schoolwide programs''
and ``standards and assessment.''
DATES: The meetings of the negotiating group are scheduled for January
11-13 and January 18-19, 1995.
ADDRESSES: The meetings will be held at the Sheraton City Centre, 1143
New Hampshire Avenue, N.W., Washington, D.C. 20047. Other meetings may
be recommended and called by the Department, if necessary. The meetings
are open to the public for individuals who wish to observe the process.
FOR FURTHER INFORMATION CONTACT: Mary Jean LeTendre, Director,
Compensatory Education Programs, Office of Elementary and Secondary
Education, U.S. Department of Education, 600 Independence Avenue S.W.,
Portals Building, room 4400, Washington, D.C. 20202-6132. 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:
Background
On October 20, 1994, the President signed into law Pub. L. 103-382,
the Improving America's Schools Act of 1994 (IASA), amending the
Elementary and Secondary Education Act of 1965 (ESEA). The IASA
reauthorizes--for a five-year period--programs currently under Chapter
1 of Title I of the ESEA.
Section 1601 of Title I of the ESEA requires that, before
publishing any proposed regulations to implement programs under Title
I, the Assistant Secretary establish a negotiated rulemaking process on
issues involving a minimum of two key provisions in the statute--
``schoolwide programs'' and ``standards and assessment.'' The
regulatory negotiation process is to be conducted in a timely manner to
ensure that final regulations are issued by the Secretary of Education
not later than July 1, 1995. In accordance with section 1601(b)(4)(B)
of the ESEA, the process is not subject to the Federal Advisory
Committee Act, but will otherwise follow the provisions of the
Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
On October 28, 1994, the Assistant Secretary published a notice in
the Federal Register (59 FR 54372) requesting advice and
recommendations on regulatory issues under Title I of the ESEA. The
Assistant Secretary has selected individuals to participate in the
negotiated rulemaking sessions from among the individuals and groups
[[Page 86]] providing advice and recommendations in response to the
notice, including representation from all geographic regions of the
United States. The Assistant Secretary has also considered suggestions
for more and different negotiators who would contribute to the
diversity and expertise of the group. The following organizations were
requested to submit nominations of participants:
National Education Association
American Federation of Teachers
National Association of Elementary School Principals
National Association of Secondary School Principals
National School Boards Association
National Parent Teachers Association
National Coalition of Chapter 1/Title I Parents
Council of Chief State School Officers
National Association of State Coordinators of Compensatory Education
American Association of School Administrators
National Association of Federal Education Program Administrators
Council of the Great City Schools
Council of American Private Education
Representing the Federal Government will be:
Thomas W. Payzant, Assistant Secretary of Elementary and Secondary
Education, U.S. Department of Education
Mary Jean LeTendre, Director, Compensatory Education Programs, U.S.
Department of Education
If, in response to this notice, an additional individual or
representative of an interest group requests representation in the
negotiated rulemaking process, the negotiating group will determine
whether that individual should be added to the group. The negotiating
group will make that decision based on factors such as whether the
individual or representative--(1) Would be substantially affected by
the rule; (2) Is not already adequately represented by the group; and
(3) Meets the requirements of section 1601 of the ESEA.
The Department intends to encourage broad State and local
flexibility in implementing programs under Title I. In particular, the
Department intends to issue regulations only where absolutely
necessary--for example, where the statute requires a regulation or
where a regulation would provide flexibility for States, school
districts, and schools. The Department will also provide nonbinding
guidance respecting legal and policy issues under the Title I programs.
This nonregulatory guidance can serve to inform parents, schools,
school districts, States, and other affected parties of the flexibility
that exists under the statute, including multiple approaches that may
be available in carrying out the statute's requirements.
Topics Selected for Negotiation
The following topics related to the Title I program in local
educational agencies have been selected for the negotiated rulemaking
process.
(1) Schoolwide programs.
(2) Standards and assessment.
Discussions at the negotiated rulemaking meetings may cover other
subjects as necessary or as raised by participants.
Facilitator
The Department has retained the services of a professional mediator
who will serve as a neutral convenor and facilitator for the
negotiations. The facilitator will not be involved with the substantive
development of the regulations. The facilitator's role is to--(1) Chair
negotiating sessions; (2) Help the negotiating process run smoothly;
and (3) Help participants define issues and reach consensus.
The facilitator will keep a record of the negotiated rulemaking
meetings. The record will be placed in the Department's rulemaking
docket for this regulatory action.
(Catalog of Federal Domestic Assistance Numbers: 84.010,
Educationally Deprived Children in Local Educational Agencies;
84.011, Migrant Education Basic State Formula Grant Program; 84.013,
Chapter 1 Program for Neglected or Delinquent Children; 84.213, Even
Start Program)
Dated: December 22, 1994.
Thomas W. Payzant,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 94-32048 Filed 12-30-94; 8:45 am]
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