[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Notices]
[Pages 60752-60754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29611]



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Part II





Department of Education





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National Center or Centers for Research in Vocational Education; Notice

  Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 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 final interpretation and waivers.

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SUMMARY: The Secretary of Education (Secretary) announces an 
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 interpretation, the 
Secretary has the authority to extend the five-year project period for 
the current National Center at the University of California at 
Berkeley. In addition, for the National Center at Berkley, the 
Secretary waives 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; the 
regulations in 34 CFR 75.261(c)(2) and (3) of EDGAR, which provide for 
circumstances under which the Secretary may extend the project period 
of an award; and the regulations in 34 CFR 413.4(a), which provide that 
the Secretary designates a National Center or Centers once every five 
years.

EFFECTIVE DATE: This notice becomes effective on December 12, 1997.

FOR FURTHER INFORMATION CONTACT: Jackie Friederich or Pariece Wilkins, 
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. Internet address: J[email protected] 
and P[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.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: In December 1992, after a competition 
conducted under the authority of section 404 of the Perkins Act and the 
implementing regulations at 34 CFR Part 413, the Secretary awarded 
grants 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 Public Law 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 were 
funded, including the National Center program, operated by authority of 
annual congressional appropriations.
    On June 20, 1997, the Secretary published a notice of proposed 
interpretation and proposed waiver in the Federal Register (62 FR 
33726). Except for technical revisions and the waiver of 34 CFR 
75.261(c) (2) and (3), there are no differences between the proposed 
and final interpretation and waivers.

Analysis of Comments

Interpretation

    In response to the Secretary's invitation, 17 parties submitted 
comments on the notice of proposed interpretation of section 404 of the 
Perkins Act and on the proposed waivers of Secs. 75.250 and 413.4(a).
    Comments: All seventeen commenters supported the continuation of 
the National Center at the University of California at Berkeley. 
Fourteen of these commenters thought the National Center should 
continue because they either benefited from or were pleased with the 
National Center's work. Five commenters agreed with the Department that 
the National Center should be continued because of uncertainties 
regarding reauthorization and future funding for the National Center.
    Discussion: The Secretary is also pleased with work performed by 
the National Center at the University of California at Berkeley. The 
National Center has provided valuable research in tech-prep, 
integration of academic and vocational education, and both performance 
and skills standards. Moreover, the Secretary believes Berkeley is 
likely to continue to operate a National Center that addresses the 
needs of the vocational education community.
    The uncertainties regarding reauthorization and future funding for 
the National Center, which prompted the Department to propose the 
notice of interpretation and waivers, remain. The Secretary continues 
to want to avoid holding a grant competition for a new National Center 
in an atmosphere of uncertainty in which potential applicants would not 
have critical information. The Secretary is, therefore, issuing this 
notice of interpretation that will enable the Department to continue 
the existing National Center beyond the 60-month project period, with 
new work beginning under the grants in 1998.
    Change: None.
    Comment: One commenter strongly encouraged the National Center, 
during its one-year extension, to provide research that supports a 
strengthened State leadership role for vocational technical education 
and to conduct research that will assist States in critical issues such 
as vocational technical education's role in welfare reform and 
vocational teacher education.
    Discussion: The Secretary believes that one of the most important 
activities of the National Center is applied research and dissemination 
that help to shape the future of vocational education and that are 
especially useful to educators in strengthening vocational education 
programs. In this regard, the Secretary plans for the National Center 
to enhance its dissemination activities and efforts to assist States 
and localities to address their needs. During the 1998 project period 
the National Center will provide States with materials and services in 
key areas of need, which may include use performance data, professional 
development, welfare reform, and curriculum integration, and will 
provide technical assistance in the use of the National Center's 
research findings through regional workshops.
    Change: None.
Waiver
    Comment: None.
    Discussion: In order to extend the five-year project period for the 
current National Center, the Secretary has waived 34 CFR 75.250, which 
provides

[[Page 60753]]

that the Secretary may approve a project period of up to 60 months, and 
Sec. 413.4(a), which provides that the Secretary designates a National 
Center or Centers once every five years. Consistent with these two 
waivers, the Secretary has determined that he will waive 34 CFR 
75.261(c)(2) and (3) so as to authorize the extension to Berkeley even 
though the extension will involve the obligation of new Federal monies 
and the performance of new work.
    Change: This notice now includes a waiver of 34 CFR 75.261(c)(2) 
and (3).

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 new five-year grants especially since 
there are no appropriations authorized. Accordingly, the Secretary 
interprets 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. Also, 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, therefore, adopts the 
interpretation and waives certain regulations for the National Center 
at Berkeley in order to provide an appropriate and cost-effective way 
of implementing existing legislation while serving the interest of the 
education community.
    The Secretary adopts the interpretation of section 404 of the 
Perkins Act and waives Secs. 75.250 and 75.261(c)(2) and (3) of EDGAR 
and Sec. 413.4(a) of the program regulations as they apply to the 
National Center at Berkeley. This interpretation and these waivers 
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 grants in 1998. The 
Secretary will extend the grants if it is determined, based on 
information available, that Berkeley is making substantial progress and 
will 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 will extend the grants to 
Berkeley for one additional year (through December, 1998), by awarding 
two grants totaling $4.5 million under the authority of the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies Appropriations Act, Public Law 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 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. 
Therefore, FY 1993 funds awarded to Berkeley for the National Center 
will not be available for payments on obligations after September 30, 
1998. If the grants are extended for additional years, funds will be 
available for payments on valid obligations for only five years after 
the expiration of their period of availability. For example:
    (a) FY 1994 funds [or appropriations] will not be available for 
payment of obligations after September 30, 1999.
    (b) FY 1995 funds [or appropriations] will not be available for 
payment of obligations after September 30, 2000.
    During the period of the extension of the National Center, the 
Secretary will 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

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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 an 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.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedures Act (5 U.S.C. 
553), it is the practice of the Secretary to offer interested parties 
the opportunity to comment on proposed regulations. However, the waiver 
of 34 CFR 75.261(c)(2) and (3) is a procedural change only and does not 
establish new substantive policy. Moreover, the waiver of 34 CFR 
75.261(c)(2) and (3) is fully consistent with the Secretary's waiver of 
34 CFR 75.250 and 413.4(a)--on which the Secretary sought public 
comment on June 20, 1997 (62 FR 33726)--in that 75.261(c)(2) and (3) 
provide for circumstances under which the Secretary may extend the 
project period of an award. Therefore, proposed rulemaking is not 
required under 5 U.S.C. 553(b)(A) and is unnecessary and contrary to 
the public interest under 5 U.S.C. 553(b)(B).

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or 
portable document format (pdf) on the World Wide Web at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G--Files/Announcements, Bulletins and Press Releases.

    Note: The official version of this document is the document 
published in the Federal Register.

(Catalog of Federal Domestic Assistance Number 84.051 National 
Center for Research in Vocational Education)

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

    Dated: October 4, 1997.
Christine D. Kulick,
Acting Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 97-29611 Filed 11-10-97; 8:45 am]
BILLING CODE 4000-01-P