[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Notices]
[Pages 14392-14393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7783]




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Part IV





Department of Education





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Fund for the Improvement of Education Program; Notice

  Federal Register / Vol. 61, No. 63 / Monday, April 1, 1996 / 
Notices  

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DEPARTMENT OF EDUCATION


Fund for the Improvement of Education Program

AGENCY: Department of Education.

ACTION: Notice of final priorities.

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SUMMARY: The Secretary announces final priorities to fund projects that 
develop, evaluate and field-test State assessments aligned with 
challenging State content standards. The Secretary may use these 
priorities in fiscal year (FY) 1996 and subsequent years. The Secretary 
intends to provide Federal financial assistance to assist States in the 
development of assessments that can be used to improve classroom 
instruction, motivate all students to improve educational performance, 
and provide examples for students, teachers and parents of the learning 
outcomes that can be expected for all students.

EFFECTIVE DATE: These priorities take effect May 1, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. David Sweet, U.S. Department of 
Education, Office of Educational Research and Improvement, 555 New 
Jersey Avenue NW., Room 508H, Washington, D.C. 20208-5573. Telephone: 
(202) 219-2079. Internet: (David--S[email protected]). 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 Fund for the Improvement of Education 
(FIE) supports nationally significant projects to improve the quality 
of education, assist all students to meet challenging State content and 
student performance standards and contribute to the achievement of the 
National Education Goals. The FIE program is authorized under Part A of 
Title X of the Elementary and Secondary Education Act of 1965, as 
amended by the Improving America's Schools Act of 1994 (20 U.S.C. 
8001).
    The Secretary is expressly authorized to use FIE program funds to 
support systemic education reform at the State and local levels through 
activities such as the development and evaluation of model strategies 
for assessment of student learning. The Secretary believes that the 
alignment of State content standards and State assessments is an 
important part of systemic educational reform. Exemplifying the forms 
and levels of educational performance that students in a State should 
be able to achieve is a critical step in the process of ensuring that 
students are reaching the State's challenging content standards. While 
many States are developing new content standards for the core academic 
subjects, some States are using assessments that are not aligned to 
their new content standards. The Secretary believes that helping to 
defray the cost of developing assessments aligned with challenging 
State content standards will advance State reform efforts.
    State educational agencies (SEAs), local educational agencies 
(LEAs), institutions of higher education, and other public and private 
agencies, organizations, and institutions are eligible to receive funds 
under these priorities. However, the Secretary believes that SEAs and 
LEAs have the resources, knowledge, and authority necessary to lead 
systemic reform efforts. Therefore, SEAs and LEAs must participate as 
lead agents in the development of State assessments to ensure that the 
assessment systems are aligned with State content standards and the 
content of the curriculum. If reform is to be systemic, State agencies 
that are working on content and curriculum must either direct the 
development of assessments themselves or provide direction to LEAs to 
do so.
    It is imperative that State assessments take into account the needs 
of all students. Therefore, funds awarded under the proposed priority 
may be used to develop, modify, field-test and evaluate assessments 
that take into account the needs of students with disabilities or 
students who have limited English proficiency.
    Awards under these proposed priorities may be jointly funded under 
three statutory authorities:
    (1) The Fund for the Improvement of Education (20 U.S.C. 8001);
    (2) Section 618(c) of the Individuals with Disabilities Education 
Act (IDEA) regarding Evaluation and Program Information (20 U.S.C. 
1418(c));
    (3) Bilingual Education Research, Evaluation, and Dissemination 
Program, authorized by Title VII, Part A, Subpart 2 of the Improving 
America's Schools Act of 1994 (20 U.S.C. 7451-7452).
    The Secretary has determined that the availability of this joint 
funding option would enhance the Department's ability to support 
projects that integrate into a single effort the development of 
assessments for all students and the modification of those assessments 
to take into account the needs of disabled and limited English 
proficient students.
    Funds provided under Section 618 of IDEA can only be used for 
projects that modify, field-test, and evaluate assessments that take 
into account the needs of children and youth with disabilities. A 
project funded under Section 618 of IDEA should address how the 
assessments will improve the ability of SEAs and LEAs to provide full 
educational opportunities to children and youth with disabilities and 
to better assess the progress of children and youth with disabilities 
while in special education. As part of the post-award requirements for 
a project funded under Section 618 of IDEA, a grantee must prepare its 
procedures, findings, and other relevant information in a form that 
will maximize their dissemination and use, especially through 
dissemination networks and mechanisms authorized by Section 618, and in 
a form for inclusion in the annual report to Congress submitted 
pursuant to Section 618(g). Funds provided under Section 618 may be 
used to fund projects proposed by applicants that are private for-
profit agencies only when necessary because of the unique nature of the 
study.
    In accordance with 20 U.S.C. 7452(b)(4), funds provided under the 
Bilingual Education Research, Evaluation, and Dissemination Program 
must be administered by individuals with expertise in bilingual 
education and the needs of limited English proficient students and 
their families. Funds provided under this program must be used to 
improve bilingual education and special alternative instruction 
programs for children and youth of limited English proficiency.
    As part of the efforts to improve student assessment, the 
Department made awards in FY 1995 under the Assessment Development and 
Evaluation Grants Program, authorized by section 220 of the Goals 2000: 
Educate America Act. Under this program, the Secretary provides grants 
to SEAs, LEAs or partnerships of such agencies to help defray the costs 
of developing, field-testing and evaluating State assessments aligned 
to State content standards. Applications involving 43 States were 
received in 1995 and grants were made to support 9 projects. The 
Secretary expects these projects to develop model strategies for the 
assessment of student learning that will have a significant impact on 
State and local level systemic reform efforts.
    Depending on the availability of funds in FY 1996 and subsequent 
years, the Secretary may decide to use funds under the final priorities 
to continue projects initially funded under the Assessment Development 
and Evaluation Grants program or to fund additional applications 
considered in the 1995 competition. Alternatively, the Secretary may 
decide to hold a

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competition for new awards under the final priorities.
    Funding of particular projects depends on the availability of funds 
and the quality of the applications received. The publication of these 
final priorities does not preclude the Secretary from proposing 
additional priorities, nor does it limit the Secretary to funding only 
these priorities, subject to meeting applicable rulemaking 
requirements.
    On December 12, 1995 the Secretary published a notice of proposed 
priorities for this program in the Federal Register (60 FR 63691).

    Note: This notice of final priorities does not solicit 
applications. A notice inviting applications under this competition 
will be published in the Federal Register at a later date.

Public Comment

    In the notice of proposed priorities, the Secretary invited 
comments on the proposed priorities. Fourteen parties submitted written 
comments. All 14 commenters expressed interest in the Department 
holding a competition under the proposed priorities. Only two of the 
commenters suggested any changes. The Secretary has made no changes in 
these proposed priorities since publication of the notice of proposed 
priorities.
    Comments: Two commenters recommended changes that they thought 
would broaden eligibility and reduce costs for developing assessments. 
One commenter indicated that Absolute Priority 1 should ``not preclude 
the use of existing assessments with or without appropriate adaptations 
and modifications. A State should have the opportunity to review 
existing assessments and determine the extent that such measures are 
aligned to content standards or can be adapted to meet the content 
standards.''
    Discussion: The Secretary agrees that applicants may propose to 
evaluate and field-test existing State assessments as well as develop 
new or partially new State assessments. The projects may also propose 
to develop, evaluate, and field test adaptations and accommodations to 
either new or existing State assessments as long as such assessments 
are aligned to challenging State content standards. We believe that the 
modification of existing State assessments is fully covered by Absolute 
Priority 1 language.
    Changes: None.
    Comments: One commenter recommended changes to make the validity 
requirements more specific. The commenter emphasized the importance of 
two concerns: the validity of each assessment for its intended purposes 
and the appropriateness of each assessment for all students. The 
commenter called for detailed discussion of validity issues in each 
proposal, including discussion of existing evidence or specification of 
forms of evidence that would be produced under the project.
    Discussion: The Secretary agrees that validity is important but 
does not believe that additional specification is required in the 
absolute priority. The Secretary believes that validity discussion in 
each proposal will be evaluated in the peer review process.
    Changes: None.
    Comments: One commenter recommended changes to add another 
selection criterion that should be considered in making awards. The 
commenter called for giving preference to applicants proposing to 
``provide some level of comparison of students across States or LEAs 
having different content standards.''
    Discussion: The Secretary believes that the suggested change would 
give a preference to comparisons where States have different content 
standards. This change is undesirable because it would have the effect 
of penalizing comparisons where the same content standards are in 
place. Projects calling for either type of comparison are eligible for 
awards under this competition but neither should be given a preference.
    Changes: None.

Absolute Priorities

    Under 34 CFR 75.105(c)(3), the Secretary gives an absolute 
preference to projects that meet one or more of the following 
priorities. The Secretary will fund only projects that meet one or more 
of these absolute priorities:
    Absolute Priority 1--Projects that develop, field-test, and 
evaluate assessments that are aligned to State content standards.
    Absolute Priority 2--Projects that modify, field-test, and evaluate 
assessments to address the needs of children and youth with 
disabilities or limited English proficiency. Assessments to be modified 
must be those developed under priority (1) or similar assessments 
developed for all students and aligned to State content standards.
    All projects must--
    (a) Examine the validity and reliability of the assessment for the 
particular purposes for which the assessment was developed;
    (b) Ensure that the assessment is consistent with relevant, 
nationally recognized professional and technical standards for 
assessments;
    (c) Devote special attention to how the assessment treats all 
students, especially with regard to race, gender, ethnicity, 
disability, and language proficiency of those students; and
    (d) Be developed by, or under the direction of, an SEA, LEA, or 
consortia of those agencies.

Selection Criteria

    With respect to new awards made with funds from Section 618 of 
IDEA, the Secretary does not intend to use the selection criteria in 34 
CFR 327.31. With respect to any new awards made with funds from the 
Bilingual Education Research, Evaluation, and Dissemination Program, 
the Secretary does not intend to use the selection criteria in 34 CFR 
75.210. The Secretary intends to use the evaluation criteria in 34 CFR 
Part 700 to select all new awards under these priorities.
    Applicable Program Regulations: (a) 34 CFR part 327, with the 
exception of 34 CFR 327.31; and (b) the final regulations for the 
Standards for the Conduct and Evaluation of Activities Carried Out by 
the Office of Educational Research and Improvement (OERI)--Evaluation 
of Applications for Grants and Cooperative Agreements and Proposals for 
Contracts, published on September 14, 1995 in the Federal Register (60 
FR 47808) and to be codified as 34 CFR Part 700.

    Authority: 20 U.S.C. 8001.

(Catalog of Federal Domestic Assistance Number 84.215L--Fund for the 
Improvement of Education Program)

    Dated: March 26, 1996.
Sharon P. Robinson,
Assistant Secretary for Educational Research and Improvement.
[FR Doc. 96-7783 Filed 3-29-96; 8:45 am]
BILLING CODE 4000-01-P