[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Page 57230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28135]



[[Page 57229]]


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Part IV





Department of Education





_______________________________________________________________________



Part A of Title I of the Elementary and Secondary Education Act of 
1965; Notice

  Federal Register / Vol. 61, No. 215 / Tuesday, November 5, 1996 / 
Notices  

[[Page 57230]]



DEPARTMENT OF EDUCATION


Part A of Title I of the Elementary and Secondary Education Act 
of 1965

AGENCY: Department of Education.

ACTION: Notice of Interpretation.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
interprets section 1112(c)(1)(H) of Title I of the Elementary and 
Secondary Education Act of 1965 to permit a local educational agency 
(LEA) providing early childhood development services under Title I, 
Part A prior to January 1, 1998 to comply with either Sec. 1304.21 of 
the revised Head Start performance standards (published in final 
elsewhere in this issue of the Federal Register) or the current Head 
Start performance standards in 45 CFR 1304.2-1--1304.2-3 (1995). This 
interpretation is needed because section 1112(c)(1)(H) of Title I 
requires an LEA providing early childhood development services to 
comply with Head Start performance standards beginning with fiscal year 
1997 funds for use in the 1997-98 school year. However, the newly 
revised Head Start performance standards, including Sec. 1304.21, will 
not take effect until January 1, 1998.

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, SW (Portals Building, Room 4400), Washington, 
D.C. 20202-6132. Telephone (202) 260-0826. 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: Section 1112(c)(1)(H) of Title I of the 
Elementary and Secondary Education Act of 1965 requires a local 
educational agency (LEA) to assure in its Title I, Part A plan that, 
beginning in fiscal year 1997, if the LEA ``chooses to use [Part A 
funds] to provide early childhood development services to low-income 
children below the age of compulsory school attendance, [the LEA will] 
ensure that such services comply with the performance standards 
established under section 641A(a) of the Head Start Act or under 
section 651 of such Act, as such section 651 was in effect on the day 
preceding the date of enactment of the Human Services Amendments of 
1994.'' Section 1112(c)(3) of Title I exempts an LEA from complying 
with Head Start performance standards if it is using Title I, Part A 
funds to operate a preschool program using the Even Start model or to 
expand its Even Start program.
    On April 22, 1996, pursuant to the Head Start Act Amendments of 
1994, the Associate Commissioner of the Head Start Bureau, 
Administration for Children, Youth and Families, U.S. Department of 
Health and Human Services, published proposed regulations revising the 
Head Start performance standards (61 FR 17754-17792). At the same time, 
the Assistant Secretary for Elementary and Secondary Education, U.S. 
Department of Education (Assistant Secretary), published a notice of 
interpretation (61 FR 17794-17795) in which he indicated that, to meet 
the requirement in section 1112(c)(1)(H) of Title I, an LEA providing 
early childhood development services must comply with the proposed Head 
Start standards in Sec. 1304.21--Education and Early Childhood 
Development.
    Section 1304.21 is published in final elsewhere in this issue of 
the Federal Register. Consistent with the Assistant Secretary's prior 
notice of interpretation, the performance standards in that section 
apply to early childhood development services under Title I, Part A. 
Cross-references in Sec. 1304.21 to other sections of the Head Start 
performance standards do not make those sections applicable to early 
childhood development services under Title I, Part A.
    As the preamble of the final Head Start performance standards 
indicates, those standards, including Sec. 1304.21, will take effect on 
January 1, 1998. The Associate Commissioner of the Head Start Bureau 
selected this date in response to comments from Head Start grantees 
that sufficient lead time was needed to implement changes necessitated 
by the revised performance standards. Section 1112(c)(1)(H) of Title I, 
however, requires an LEA to comply with Head Start performance 
standards beginning with fiscal year 1997 Title I, Part A funds--that 
is, funds appropriated for use in the 1997-98 school year. Thus, an LEA 
would have to comply with Head Start performance standards before the 
newly revised Sec. 1304.21 takes effect.
    To afford maximum flexibility to LEAs in designing and implementing 
early childhood development services under Title I, Part A during the 
1997-98 school year, the Assistant Secretary offers the following 
interpretation of section 1112(c)(1)(H) of Title I. Although 
Sec. 1304.21 will not be effective until January 1, 1998, an LEA that 
complies with the performance standards in that section in providing 
early childhood development services under Title I, Part A prior to 
January 1, 1998 will satisfy the requirement in section 1112(c)(1)(H) 
of Title I. In the alternative, during the 1997-98 school year, an LEA 
may comply with the comparable current Head Start performance standards 
that will remain in effect until January 1, 1998. Those comparable 
standards are contained in 45 CFR 1304.2-1--1304.2-3 (1995).

Waiver of Rulemaking

    In accordance with the Administrative Procedure Act (APA) (5 U.S.C. 
553), it is the practice of the Secretary to offer interested parties 
the opportunity to comment on proposed rules. However, under section 
553(b)(A) of the APA, the Secretary is not required to offer the public 
an opportunity to comment on an interpretive rule that merely advises 
the public of the Department's construction of a statute that it 
administers. Because this notice concerns an interpretation with 
respect to section 1112(c)(1)(H) of Title I, public comment, pursuant 
to 5 U.S.C. 553(b)(A), is unnecessary.

(Catalog of Federal Domestic Assistance Number 84.010, Improving 
Programs Operated by Local Educational Agencies)

    Dated: October 28, 1996.
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 96-28135 Filed 11-4-96; 8:45 am]
BILLING CODE 4000-01-M