[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33726-33727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16226]



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Part III





Department of Education





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National Center or Centers for Research in Vocational Education; Notice

  Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / 
Notices  

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DEPARTMENT OF EDUCATION


National Center or Centers for Research in Vocational Education

AGENCY: Department of Education

ACTION: Notice of proposed interpretation and proposed waivers.

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SUMMARY: The Secretary of Education (Secretary) announces a proposed 
interpretation of the statute authorizing the National Center or 
Centers for Research in Vocational Education (National Center), section 
404, Part A, Title IV of the Carl D. Perkins Vocational and Applied 
Technology Education Act of 1990 (Act). Under the proposed 
interpretation the Secretary would have the authority to extend the 
five-year project period for the current National Center at the 
University of California at Berkeley. In addition, the Secretary 
proposes to waive the regulations in 34 CFR 75.250 of the Education 
Department General Administrative Regulations (EDGAR), which provide 
that the Secretary may approve a project period of up to 60 months and 
the regulations in 34 CFR 413.4(a), which provide that the Secretary 
designates a National Center or Centers once every five years. The 
Secretary invites the public, including entities that would be eligible 
to apply for grants under the National Center authority, to comment on 
the proposed interpretation of section 404 of the Perkins Act and on 
the proposal to waive Sec. 75.250 of EDGAR and Sec. 413.4(a) of the 
program regulations.

DATES: Comments must be received by the Department on or before July 
21, 1997.

ADDRESSES: All comments concerning this notice should be addressed to 
Jackie Friederich, Division of National Programs, Office of Vocational 
and Adult Education, U.S. Department of Education (Mary E. Switzer 
Building, Room 4526), 600 Independence Avenue, SW, Washington, DC 
20202-7242. Telephone (202) 205-9071. Comments may also be sent through 
the Internet to: [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.

FOR FURTHER INFORMATION CONTACT: Jackie Friederich. Telephone (202) 
205-9071. 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: In December 1992, after a competition 
conducted under authority of section 404 of the Perkins Act and the 
implementing regulations at 34 CFR part 413, the Secretary awarded a 
grant to the University of California at Berkeley to operate the 
current National Center for Research in Vocational Education. At that 
time, the Secretary approved a five-year project period. The National 
Center has received annual grant awards since December 1992 for the 
purpose of conducting applied research and development activities in 
vocational education as well as annual awards for the purpose of 
conducting dissemination and training activities in vocational 
education. Section 3 of the Act, as amended by Pub. L. 101-392, 
authorized appropriations for Titles I through IV of the Act (including 
appropriations for the National Center) for Fiscal Years (FYs) 1991, 
1992, 1993, 1994, and 1995. Calendar year 1997 will be the fifth year 
of the project period for which the University of California at 
Berkeley was selected and awarded grants in 1992. The funds awarded to 
the National Center in December of 1992 were utilized by the University 
of California at Berkeley to carry out activities in 1993. Since 
section 3 of the Act only authorized appropriations under Perkins Act 
programs through FY 1995, FY 1996 Perkins Act programs were extended 
under the authority of section 422 of the General Education Provisions 
Act (Pub. L. 103-382). In FY 1997, Perkins Act programs that are 
currently funded, including the National Center program, are operating 
by authority of annual congressional appropriations.

Proposed Interpretation and Waivers

    The authorization of appropriations for the Perkins Act has expired 
and the National Center is being funded and administered on the basis 
of year-to-year congressional appropriations. There is no authorization 
of appropriation for the years that would be covered by new five-year 
National Center grants, were there to be a competition. The National 
Center authority in section 404 of the Perkins Act requires that the 
Secretary operate a National Center or Centers for a period of five 
years. December 31, 1997 will be the end of the five-year period for 
the current National Center and, therefore, the statutory requirement 
will have been met. The Secretary does not view the statute as 
requiring a new competition for a new five-year grant especially since 
there are no appropriations authorized. Accordingly, the Secretary 
proposes to interpret the statute as authorizing him to extend the 
current National Center.
    In view of the uncertainties presented by the absence of 
appropriation authority, the Secretary seeks to avoid a situation where 
the current National Center ceases operations and a new National Center 
starts up operations the next year, very possibly resulting in a 
difficult transition period and a truncated project period during which 
essential research, development, dissemination and training activities 
will not be undertaken, causing a potentially serious disruption of 
services to the vocational education community. The Secretary also does 
not wish to place potential applicants in the position of expending 
resources applying for Federal funds without knowing the full amount of 
funds for which they are applying or the period of years for which they 
are seeking to be funded. And, the Secretary is generally reluctant to 
announce a competition whereby eligible entities would be expected to 
proceed through the application preparation and submission processes 
while lacking critical information, and does not think that it would be 
in the public interest to do so. The Secretary hereby proposes an 
appropriate and cost-effective way of implementing existing legislation 
while serving the interest of the education community.
    If the Secretary adopts this interpretation and publishes it in 
final, the Secretary proposes to waive Sec. 75.250 of EDGAR and 
Sec. 413.4(a) of the program regulations. This interpretation and these 
waivers would authorize the Secretary to extend the grants to the 
University of California at Berkeley beyond the 60-month period 
provided for in Sec. 75.250, with new work beginning under the grant in 
1998. The Secretary would extend the grants if it is determined, based 
on information available, that Berkeley is making substantial progress 
and would likely continue to make substantial progress in performing 
all required activities.
    Assuming that Berkeley is making substantial progress in performing 
the required activities, the Secretary would extend the grants to 
Berkeley for one additional year (through December, 1998), by awarding 
them two grants totaling 4.5 million dollars under the authority of the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, Pub. L. 104-208. However, 
additional extensions could be made if Congress makes further 
appropriations without underlying authorizing legislation. During the 
period of any extension, the Secretary

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will review the activities of the National Center to ensure that 
Berkeley continues to make substantial progress in performing all 
required activities.
    The Secretary does not interpret the waivers as exempting the 
grantee from the account closing provisions of Pub. L. 101-510, or as 
extending the availability of FY 1992, 1993, 1994, 1995, and 1996 funds 
awarded to the grantee. As a result of Pub. L. 101-510, appropriations 
available for a limited period may be used for payments of valid 
obligations for only five years after the expiration of their period of 
availability for Federal obligation. After that time, the unexpended 
balance of those funds is canceled and returned to the Treasury 
Department and is unavailable for restoration for any purpose.
    The Secretary is interested in receiving public comment on the 
proposed interpretation of section 404 of the Perkins Act described in 
this notice and on the proposed waivers of Secs. 75.250 and 413.4(a). 
The Secretary is particularly interested in hearing from institutions 
of higher education or consortia of institutions of higher education 
that would be eligible to compete for grants under the National Center 
authority--despite the uncertainties that currently exist regarding 
reauthorization and future funding for the National Center--were a 
competition to be held this year.
    In this regard, the Secretary would like to alert any potential 
applicants that, were a new competition to be held this year, the 
Secretary would seek to increase the number of applicants and the 
variety of approaches undertaken by the National Center both in the 
areas of research and development and dissemination and training.
    Regardless of whether a new competition is held, the Secretary 
would give special emphasis to several of the mandatory statutory and 
regulatory activities the National Center is required to carry out, 
which appear to be of particular concern to the education community, in 
the following areas:
    (a) Integration of academic and vocational education.
    (b) Accountability in vocational education, including the use of 
performance standards for program improvement.
    (c) Education of students in all aspects of an industry.
    (d) Development of effective methods for promoting literacy and 
communication skills in students.
    (e) Use of technology to enhance learning and support the 
transference of knowledge.
    (f) Teacher and administrator training and leadership development.
    (g) Articulation of secondary and postsecondary instruction with 
high quality work-based learning.
    (h) A study on the research conducted on approaches that lead to 
effective articulation of the education-to-work transition.
    (i) Dissemination of exemplary practices and materials, including 
curriculum and instructional materials.
    (j) Development and utilization of a national level dissemination 
network, including the broad dissemination of the results of research 
and development conducted by the National Center.
    (k) Development and publication of curriculum materials.
    (l) Development of processes for the synthesis of research.
    The activities of the National Center provide valuable support to 
the Department's new initiatives that are geared toward preparing 
students for high skill jobs by providing them with the academic, 
technical, and related skills needed for the twenty-first century. 
These initiatives support the development of high levels of academic 
standards and occupational skills for all students by promoting 
education reform, improvements at the postsecondary level in the 
delivery of services to vocational education students and in teacher 
and administrator training and leadership development, and the 
development of school-to-work systems. Through research and 
dissemination initiatives in areas such as the integration of academic 
and vocational education and the education of students in all aspects 
of the industry, new findings can be identified and disseminated in 
areas such as linking secondary and postsecondary learning, and the 
formation of effective partnerships among schools, employers, parents, 
and community and labor organizations that enhance school-based and 
work-based learning. Other possible research, development and 
dissemination strategies that address these priorities could include 
the use of support services and supportive learning environments, the 
development and use of effective performance management systems for 
program improvement, and the integration of occupational skill 
standards and assessments with academic performance standards and 
assessments. Through the exploration, development, identification and 
dissemination of these strategies, the work of the National Center will 
have a significant impact on education policy and practice which will 
benefit the collaborative education and training efforts of 
institutions, educators, businesses, and students.

    Authority: 20 U.S.C. 1221e-3; 20 U.S.C. 2404; 20 U.S.C. 3474.

    Dated: June 17, 1997.

(Catalog of Federal Domestic Assistance Number 84.051 National 
Center for Research in Vocational Education)
Patricia W. McNeil,
Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 97-16226 Filed 6-19-97; 8:45 am]
BILLING CODE 4000-01-P