[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Notices]
[Pages 2830-2853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1243]



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_______________________________________________________________________

Part III





Department of Education





_______________________________________________________________________



Bilingual Education: Program Enhancement Projects; Notice

  Federal Register / Vol. 62, No. 12 / Friday, January 17, 1997 / 
Notices  

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.289P]


Bilingual Education: Program Enhancement Projects; Notice 
Inviting Applications for New Awards for Fiscal Year (FY) 1997

    Note to Applicants: This notice is a complete application package. 
Together with the statute authorizing the program and applicable 
regulations governing the program, including the Education Department 
General Administrative Regulations (EDGAR), this notice contains all of 
the information, application forms, and instructions needed to apply 
for an award under this program.
    The statutory authorization for this program, and the application 
requirements that apply to this competition, are set out in sections 
7113 and 7116 of the Elementary and Secondary Education Act of 1965, as 
amended by the Improving America's Schools Act of 1994 (Pub. L. 103-
382, enacted October 20, 1994 (the Act) (20 U.S.C. 7423 and 7426)).
    Purpose of Program: This program provides grants to carry out 
highly focused, innovative, locally designed projects to expand or 
enhance existing bilingual education or special alternative 
instructional programs for limited English proficient (LEP) students.
    Eligible Applicants: (1) One or more local educational agencies 
(LEAs); (2) one or more LEAs in collaboration with an institution of 
higher education, community-based organization, other LEAs, or a State 
educational agency; or (3) a community-based organization or an 
institution of higher education which has an application approved by 
the local educational agency to enhance early childhood education or 
family education programs or to conduct an instructional program which 
supplements the educational services provided by a local educational 
agency.
    Deadline for Transmittal of Applications: March 14, 1997.
    Deadline for Intergovernmental Review: May 13, 1997.
    Available Funds: $10.8 million.
    Estimated Range of Awards: $100,000-$150,000.
    Estimated Average Size of Awards: $125,000.
    Estimated Number of Awards: 86.

    Note: The Department of Education is not bound by any estimates 
in this notice.

    Project Period: 24 months.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR Parts 74, 75, 77, 79, 80, 
81, 82, 85, and 86.

Description of Program

    Funds under this program are to carry out highly focused, 
innovative, locally designed projects to expand or enhance existing 
bilingual education or special alternative instructional programs for 
LEP students. Grantees shall provide inservice training to classroom 
teachers, administrators, and other school or community-based 
organization personnel to improve the instruction and assessment of 
language-minority and LEP students. In addition, grantees are 
authorized, under this program, to improve the education of LEP 
children and youth and their families by: implementing family education 
programs, improving the instructional program for LEP children, 
compensating personnel who have been trained--or are being trained--to 
serve LEP children and youth, providing tutorials and academic or 
career counseling for LEP children and youth, and providing intensified 
instruction.

Priority

    Under 34 CFR 75.105(c)(1) and section 7113(b)(2)(A) of the Act, the 
Secretary is particularly interested in applications that meet the 
following invitational priority. However, an application that meets 
this invitational priority does not receive competitive or absolute 
preference over other applications:
    Applicants that consider the Department of Education Professional 
Development Principles in planning and designing required inservice 
training activities in their Program Enhancement proposal. Those 
Principles call for educator professional development that focuses on 
teachers as central to student learning, yet includes all other members 
of the school community; focuses on individual, collegial, and 
organizational improvement; respects and nurtures the intellectual and 
leadership capacity of teachers, principals, and others in the school 
community; reflects best available research and practice in teaching, 
learning, and leadership; enables teachers to develop further expertise 
in subject content, teaching strategies, uses of technologies, and 
other essential elements in teaching to high standards; promotes 
continuous inquiry and improvement embedded in the daily life of 
schools; is planned collaboratively by those who will participate in 
and facilitate that development; requires substantial time and other 
resources; is driven by a coherent long-term plan; is evaluated 
ultimately on the basis of its impact on teacher effectiveness and 
student learning; and uses this assessment to guide subsequent 
professional development efforts.

Selection Criteria

    (a) (1) The Secretary uses the following selection criteria in 34 
CFR 75.210 and Section 7116(i)(1) of the Act to evaluate applications 
for new grants under this competition.
    (2) The maximum score for all of these criteria is 100 points.
    (3) The maximum score for each criterion is indicated in 
parentheses.
    (b) The criteria--(1) Meeting the purposes of the authorizing 
statute. (30 points) The Secretary reviews each application to 
determine how well the project will meet the purpose of section 7113 of 
the Elementary and Secondary Education Act of 1965, as amended by the 
Improving America's Schools Act of 1994 (Pub. L. 103-382, enacted 
October 20, 1994 (the Act)), including consideration of--
    (i) The objectives of the project; and
    (ii) How the objectives of the project further the purposes of the 
Act.
    (2) Extent of need for the project. (15 points) The Secretary 
reviews each application to determine the extent to which the project 
meets specific needs recognized in the Act, including consideration 
of--
    (i) The needs addressed by the project;
    (ii) How the applicant identified those needs;
    (iii) How those needs will be met by the project; and
    (iv) The benefits to be gained by meeting those needs.
    (3) Plan of operation. (23 points) The Secretary reviews each 
application to determine the quality of the plan of operation for the 
project, including:
    (i) The quality of the design of the project;
    (ii) The extent to which the plan of management is effective and 
ensures proper and efficient administration of the project;
    (iii) How well the objectives of the project relate to the purpose 
of the program;
    (iv) The quality of the applicant's plan to use its resources and 
personnel to achieve each objective;
    (v) How the applicant will ensure that project participants who are 
otherwise eligible to participate are selected without regard to race, 
color, national origin, gender, age, or handicapping condition; and
    (vi) The quality of the applicant's plan to provide an opportunity 
for participation of students enrolled in private schools.

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    (4) Proficiency in English and another language. (5 points)
    (i) The Secretary reviews each application to determine the extent 
to which the project will provide for the development of bilingual 
proficiency both in English and another language for all participating 
students.
    (5) Quality of key personnel. (7 points)
    (i) The Secretary reviews each application to determine the quality 
of key personnel the applicant plans to use on the project, including--
    (A) The qualifications of the project director (if one is to be 
used);
    (B) The qualifications of each of the other key personnel to be 
used in the project;
    (C) The time that each person referred to in paragraphs (A) and (B) 
will commit to the project; and
    (D) How the applicant, as part of its nondiscriminatory employment 
practices, will ensure that its personnel are selected for employment 
without regard to race, color, national origin, gender, age, or 
handicapping condition.
    (ii) To determine personnel qualifications under paragraphs (A) and 
(B), the Secretary considers--
    (A) Experience and training in fields related to the objectives of 
the project; and
    (B) Any other qualifications that pertain to the quality of the 
project.
    (6) Budget and cost effectiveness. (5 points) The Secretary reviews 
each application to determine the extent to which--
    (i) The budget is adequate to support the project; and
    (ii) Costs are reasonable in relation to the objectives of the 
project.
    (7) Evaluation plan. (12 points) The Secretary reviews each 
application to determine the quality of the evaluation plan for the 
project, including the extent to which the applicant's methods of 
evaluation--
    (i) Are appropriate to the project; and
    (ii) Are, to the extent possible, objective and produce data that 
are quantifiable.
    (8) Adequacy of resources. (3 points) The Secretary reviews each 
application to determine the adequacy of the resources that the 
applicant plans to devote to the project, including facilities, 
equipment, and supplies.

Intergovernmental Review of Federal Programs

    This program is subject to the requirements of Executive Order 
12372 (Intergovernmental Review of Federal Programs) and the 
regulations in 34 CFR Part 79.
    The objective of the Executive order is to foster an 
intergovernmental partnership and to strengthen federalism by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance.
    Applicants must contact the appropriate State Single Point of 
Contact to find out about, and to comply with, the State's process 
under Executive order 12372. If you want to know the name and address 
of any State Single Point of Contact, see the list published in the 
Federal Register on August 20, 1996 (61 FR 43133 through 43135).
    In States that have not established a process or chosen a program 
for review, State, areawide, regional, and local entities may submit 
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a 
State Single Point of Contact and any comments from State, areawide, 
regional, and local entities must be mailed or hand-delivered by the 
date indicated in this notice to the following address: The Secretary, 
E.O. 12372--CFDA# 84.289P, U.S. Department of Education, Room 
6213, 600 Independence Avenue, SW., Washington, D.C. 20202-0124.
    Proof of mailing will be determined on the same basis as 
applications (see 34 CFR 75.102). Recommendations or comments may be 
hand-delivered until 4:30 p.m. (Washington, D.C. time) on the date 
indicated in this notice.
    PLEASE NOTE THAT THE ABOVE ADDRESS IS NOT THE SAME ADDRESS AS THE 
ONE TO WHICH THE APPLICANT SUBMITS ITS COMPLETED APPLICATION. DO NOT 
SEND APPLICATIONS TO THE ABOVE ADDRESS. INSTRUCTIONS FOR TRANSMITTAL OF 
APPLICATIONS:
    (a) If an applicant wants to apply for a grant, the applicant 
shall--
    (1) Mail the original and three copies of the application on or 
before the deadline date to: U.S. Department of Education, Application 
Control Center, Attention: (CFDA# 84.289P), Washington, D.C. 
20202-4725.
    (2) Hand-deliver the original and three copies of the application 
by 4:30 p.m. (Washington, D.C. time) on or before the deadline date to: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA# 84.289P), Room #3633, Regional Office Building #3, 7th and 
D Streets, SW., Washington, D.C.
    (b) An applicant must show one of the following as proof of 
mailing:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary.
    (c) If an application is mailed through the U.S. Postal Service, 
the Secretary does not accept either of the following as proof of 
mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Notes: (1) The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, an applicant should 
check with its local post office.
    (2) The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to each applicant. If an applicant fails to 
receive the notification of application receipt within 15 days from 
the date of mailing the application, the applicant should call the 
U.S. Department of Education Application Control Center at (202) 
708-9495.

    (3) The applicant must indicate on the envelope and--if not 
provided by the Department--in Item 10 of the Application for Federal 
Assistance (Standard Form 424) the CFDA number and suffix letter, if 
any, of the competition under which the application is being submitted.

Application Instructions and Forms

    The appendix to this application is divided into three parts, plus 
a statement regarding estimated public reporting burden, additional 
non-regulatory guidance, and various assurances, certifications, and 
required documentation. These parts and additional materials are 
organized in the same manner that the submitted application should be 
organized. The parts and additional materials are as follows:
    Part I: Application for Federal Assistance (Standard Form 424 (Rev. 
4-88)) and instructions.
    Part II: Budget Information--Non-Construction Programs (ED Form No. 
524) and instructions.
    Part III: Application Narrative.
    Additional Materials:
    a. Estimated Public Reporting Burden.
    b. Group Application Certification.
    c. Student Data.
    d. Project Documentation.
    e. Program Assurances.
    f. Assurances--Non-Construction Programs (Standard Form 424B) and 
instructions.
    g. Certifications Regarding Lobbying; Debarment, Suspension, and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and instructions.

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    h. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014, 9/90) 
and instructions.

    Note: This form is intended for the use of grantees and should 
not be transmitted to the Department.

    i. Disclosure of Lobbying Activities (Standard Form LLL) (if 
applicable) and instructions. The document has been marked to reflect 
statutory changes. See the notice published by the Office of Management 
and Budget at 61 FR 1413 (January 19, 1996).
    An applicant may submit information on a photostatic copy of the 
application and budget forms, the assurances, and the certifications. 
However, the application form, the assurances, and the certifications 
must each have an original signature. All applicants must submit ONE 
original signed application and THREE copies of the application. Please 
mark each application as ``original'' or ``copy''. No grant may be 
awarded unless a completed application has been received.

FOR FURTHER INFORMATION CONTACT: Ana Garcia (202) 205-8077, Patrick 
Smith (202) 205-9729, and Edia Velez (202) 205-9715, U.S. Department of 
Education, 600 Independence Avenue, SW., Room 5090, Switzer Building, 
Washington, D.C. 20202-6510. 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.
    Information about the Department's funding opportunities, including 
copies of application notices for discretionary grant competitions, can 
be viewed on the Department's electronic bulletin board (ED Board), 
telephone (202) 260-9950; on the Internet Gopher Server (at gopher://
gcs.ed.gov); or on the World Wide Web (at http://gcs.ed.gov). However, 
the official application notice for a discretionary grant competition 
is the notice published in the Federal Register.

    Program Authority: 20 U.S.C. 7423.

    Dated: January 14, 1997.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.

Instructions for Estimated Public Reporting Burden

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid OMB control number. The valid OMB control number for this 
information collection is OMB No. 1885-0528, Exp. Date: 4/30/98. The 
time required to complete this information collection is estimated to 
average 80 hours per response, including the time to review 
instructions, search existing data resources, gather the data needed, 
and complete and review the information collection. If you have any 
comments concerning the accuracy of the time estimate or suggestions 
for improving this form, please write to: U.S. Department of Education, 
Washington, D.C. 20202-4651. If you have any comments or concerns 
regarding the status of your individual submission of this form, write 
directly to: Office of Bilingual Education and Minority Languages 
Affairs, U.S. Department of Education, 600 Independence Avenue, SW., 
Washington, D.C. 20202-6510.

Program Enhancement Grants

    The following forms and other items must be included in the 
application:

{time}   1. Application for Federal Assistance (SF 424)
{time}   2. Group Application Certification (if applicable)
{time}   3. Budget Information (ED Form No. 524)
{time}   4. Itemized Budget for each year
{time}   5. Student Data
{time}   6. Project Documentation Transmittal Letter to SEA 
Documentation of Consultation with Nonprofit Private School 
Officials (Check Section C)
{time}   7. Notice to all Applicants (OMB1801)
{time}   8. Program Assurances
{time}   9. Non-Construction Programs (SF 424B)
{time}   10. Certifications Regarding Lobbying; Debarment Suspension 
and Other Responsibility Matters; and Drug-Free Workplace 
Requirements (ED 80-0013)
{time}   11. Certification Regarding Debarment, Suspension, 
Ineligibility and Voluntary Exclusion-Lower Tier Covered 
Transactions (ED 80-0014)
{time}   12. Disclosure of Lobbying Activities (SF-LLL)
{time}   13. Table of Contents
{time}   14. Application Narrative (not to exceed 25 pages including 
Abstract, see instructions below)
{time}   15. One original and three copies of the application for 
transmittal to the Department's Application Control Center

Mandatory Page Limits for the Application Narrative

    The application narrative must not exceed 25 pages. These pages 
must be double-spaced and printed on one side only. A legible font size 
and adequate margins should be used. The narrative must be paginated. 
The narrative portion of the application package, including abstract, 
charts, graphs, tables, position descriptions, illustrations, and 
appendices, must not exceed the 25 page limit. The narrative section 
should begin with an abstract that includes a short description of the 
population to be served by the project, project objectives, and planned 
project activities. The page limit applies only to item 14 and not to 
the other items in the checklist. APPLICATIONS WITH A NARRATIVE SECTION 
THAT EXCEEDS THE PAGE LIMIT WILL NOT BE CONSIDERED FOR FUNDING.

Table of Contents

    The application should include a table of contents listing the 
sections in the order required.

Application Narrative

    The narrative should address fully all aspects of the selection 
criteria in the order listed and should give detailed information 
regarding each criterion. Do not simply paraphrase the criteria. 
Provide position descriptions, not resumes.

Budget

    Budget line items must support the goals and objectives of the 
proposed project and be directly applicable to the instructional design 
and all other project components.

Final Application Preparation

    Use the above checklist to verify that all items are addressed. 
Prepare one original with an original signature, and include three 
additional copies. Do not use elaborate bindings or covers. The 
application package must be mailed to the Application Control Center 
(ACC) and postmarked by the deadline date of February 28, 1997.

Notice to All Applicants

    Thank you for your interest in this program. The purpose of this 
enclosure is to inform you about a new provision in the Department of 
Education's General Education Provisions Act (GEPA) that applies to 
applicants for new grant awards under Department programs. This 
provision is Section 427 of GEPA, enacted as part of the Improving 
America's Schools Act of 1994 (Pub. L. 103-382).

To Whom Does This Provision Apply?

    Section 427 of GEPA affects applicants for new discretionary grant 
awards under this program. ALL APPLICANTS FOR NEW AWARDS MUST INCLUDE 
INFORMATION IN THEIR APPLICATIONS TO ADDRESS THIS NEW PROVISION IN 
ORDER TO RECEIVE FUNDING UNDER THIS PROGRAM.What Does This Provision 
Require?
    Section 427 requires each applicant for funds (other than an 
individual person) to include in its application a description of the 
steps the applicant

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proposes to take to ensure equitable access to, and participation in, 
its Federally-assisted program for students, teachers, and other 
program beneficiaries with special needs.
    This section allows applicants discretion in developing the 
required description. The statute highlights six types of barriers that 
can impede equitable access or participation that you may address: 
gender, race, national origin, color, disability, or age. Based on 
local circumstances, you can determine whether these or other barriers 
may prevent your students, teachers, etc. from such access or 
participation. Your description need not be lengthy; you may provide a 
clear and succinct description of how you plan to address those 
barriers that are applicable to your circumstances. In addition, the 
information may be provided in a single narrative, or, if appropriate, 
may be discussed in connection with related topics in the application.
    Section 427 is not intended to duplicate the requirements of civil 
rights statutes, but rather to ensure that, in designing their 
projects, applicants for Federal funds address equity concerns that may 
affect the ability of certain potential beneficiaries to fully 
participate in the project and to achieve to high standards. Consistent 
with program requirements and its approved application, an applicant 
may use the Federal funds awarded to it to eliminate barriers it 
identifies.

What are Examples of How an Applicant Might Satisfy the Requirements of 
This Provision?

    The following examples may help illustrate how an applicant may 
comply with Section 427.
    (1) An applicant that proposes to carry out an adult literacy 
project serving, among others, adults with limited English proficiency, 
might describe in its application how it intends to distribute a 
brochure about the proposed project to such potential participants in 
their native language.
    (2) An applicant that proposes to develop instructional materials 
for classroom use might describe how it will make the materials 
available on audio tape or in braille for students who are blind.
    (3) An applicant that proposes to carry out a model science program 
for secondary students and is concerned that girls may be less likely 
than boys to enroll in the course, might indicate how it intends to 
conduct ``outreach'' efforts to girls, to encourage their enrollment.
    We recognize that many applicants may already be implementing 
effective steps to ensure equity of access and participation in their 
grant programs, and we appreciate your cooperation in responding to the 
requirements of this provision.

Estimated Burden Statement

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid OMB control number. The valid OMB control number for this 
information collection is 1801-0004 (Exp. 8/31/98). The time required 
to complete this information collection is estimated to vary from 1 to 
3 hours per response, with an average of 1.5 hours, including the time 
to review instructions, search existing data resources, gather and 
maintain the data needed, and complete and review the information 
collection. If you have any comments concerning the accuracy of the 
time estimate(s) or suggestions for improving this form, please write 
to: U.S. Department of Education, Washington, DC 20202-4651.

Additional Non-Regulatory Guidance

(Questions and Answers)

Program Enhancement Grants

    Q. Are Program Enhancement Grants directed to single schools, 
groups of schools or entire school districts?
    A. The grants are directed to all of the above, as long as the 
eligible applicant has an existing bilingual education or special 
alternative instructional program that is to be enhanced or expanded. 
To qualify for eligibility for a Program Enhancement Grant, the 
existing bilingual education or special alternative educational program 
does not necessarily have to be a Title VII project but could also be a 
State or local project.
    Q. Are preschool/early childhood and adult education programs 
eligible?
    A. Preschool/early childhood programs for limited English 
proficient (LEP) students are eligible for funding. Also, programs that 
serve adults are eligible for funding if the program is specifically 
designed as a family education program with parent outreach and 
training activities that will assist parents to become active 
participants in the education of their children. (Section 
7113(b)(2)(B)(i); 20 U.S.C. 7423(b)(2)(B)(i)). All applicants must 
propose programs that expand or enhance ``existing bilingual education 
and/or special alternative instructional programs.'' The statute 
provides specific definitions for a bilingual education program, a 
special alternative instructional program, and a family education 
program that applicants should consult in preparing their proposals. 
(Section 7501(1)(6) and (15); 20 U.S.C. Sec. 7601(1), (6), and (15)).
    Q. When can a CBO or an IHE become the lead entity on a Program 
Enhancement Grant?
    A. A CBO or IHE may become the lead entity only if the application 
is approved by an LEA, and if it proposes one or more of the following 
programs: (1) early childhood programs; (2) family education programs; 
and (3) instructional programs which supplement the educational 
services provided by the LEA. (Section 7113(c)(3); 20 U.S.C. 
7423(c)(3)).
    Q. What is meant by the provision that allows local educational 
agencies (LEA's) to apply ``in collaboration with an institution of 
higher education, community-based organization or local or State 
educational agency?''
    A. Unless a community-based organization (CBO) or institution of 
higher education (IHE) is applying under the provision discussed in the 
previous question and answer, it must submit an application under this 
program in collaboration with an LEA. In order for a State educational 
agency (SEA) to participate in this program at all, it must submit an 
application in collaboration with an LEA. (Section 7113(c)(2); 20 
U.S.C. 7423(c)(2)). The requirements for entering into a joint or group 
application, which would include a collaborative application, are set 
out in 34 CFR 75.127 to 75.129.
    Q. Is there a requirement that preservice activities take place 
before a Program Enhancement Grant can be carried out?
    A. No. Because Program Enhancement Grants expand or enhance 
existing bilingual education projects and only last for two years, 
there are no requirements regarding activities that must take place 
before a Program Enhancement Grant can be carried out.
    Q. What should be included in the narrative of the application for 
the Program Enhancement Grants?
    A. Since the narrative of the application has a mandatory 25 page 
limit, we recommend that it include a short, but thorough, discussion 
of the existing program's design and its progress in meeting its goals 
and objectives. We also suggest that the applicant address what 
components of the project are to be enhanced or expanded, plans for 
implementation, goals and objectives, etc.
    Q. May we use the same title or name for a Program Enhancement 
Grant that was used for a previous Title VII grants?
    A. Yes, you may keep the same name of your project or select a new 
one.

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    Q. Is there a requirement that the applicant must consult with the 
private schools in designing its application?
    A. Yes. The statutory authority for this program requires 
applicants to take account, in designing the applications, of the needs 
of students with limited English proficiency enrolled in nonprofit 
private elementary and secondary schools in the area to be served by 
the proposed project. Consultation by the applicant with appropriate 
private school officials is part of the requirement.
    The full requirement is set out at Section 7116(h)(2)(20 U.S.C. 
Sec. 7426(h)(2)), and should be carefully reviewed by all applicants. 
The Department, before it can approve an application under this 
program, must determine that this requirement has been met. For that 
reason, applicants should address this requirement in their application 
and must include documentation of their efforts to comply with 
provision's requirement to consult with private school officials.

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[FR Doc. 97-1243 Filed 1-16-97; 8:45 am]
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