[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Pages 40342-40343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20122]



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Part III





Department of Education





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Office of Bilingual Education and Minority Languages Affairs: Bilingual 
Education Amended Applications Submission and Evaluation Limitations 
and Procedures; Program Development, and Implementation, and 
Comprehensive School Grants; Notice

  Federal Register / Vol. 63, No. 144 / Tuesday, July 28, 1998 / 
Notices  

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DEPARTMENT OF EDUCATION


Office of Bilingual Education and Minority Languages Affairs

AGENCY: Department of Education.

ACTION: Notice of Limitations and Procedures for Submission and 
Evaluation of Amended Applications for Bilingual Education: Program 
Development and Implementation Grants.

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SUMMARY: The Secretary announces limitations and procedures for 
submission and evaluation of amended applications for new grants under 
the Program Development and Implementation Grant(PDI) program which is 
administered by the Office of Bilingual Education and Minority 
Languages Affairs (OBEMLA). The limitations and procedures for 
evaluation and submission apply only in fiscal year (FY) 1998. The 
Secretary takes this action to allow eligible applicants from 
California that participated in the PDI program competition announced 
in the Federal Register on November 14, 1997 (62 FR 61180-61202) to 
submit amended applications that take into account the new requirements 
for serving students with limited English proficiency (LEP) established 
in that State by Proposition 227, ``English Language Education for 
Children in Public Schools.'' Proposition 227 was passed by 
California's voters on June 2, 1998. No other applications or 
amendments will be accepted.

EFFECTIVE DATE: This notice takes effect July 28, 1998.

FOR FURTHER INFORMATION CONTACT: Rebecca Richey or Carol Manitaras, 
U.S. Department of Education, 600 Independence Avenue, SW, room 5607, 
Switzer Building, Washington, DC 20202-6510. Telephone: Rebecca Richey, 
(202) 205-9717, Carol Manitaras (202) 205-9729. 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 notice in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to one of the contact persons listed in the 
preceding paragraph.

SUPPLEMENTARY INFORMATION: The PDI program is authorized in section 
7112 of Title VII of the Elementary and Secondary Education Act of 1965 
(ESEA), as amended (20 U.S.C. 7422). This program provides grants to 
local educational agencies (LEAs) or one or more LEAs in collaboration 
with an institution of higher education (IHE), community-based 
organizations (CBO), other LEAS, or a State educational agency and to a 
CBO or an IHE that have an application approved by an LEA to develop 
and implement early childhood education or family education programs or 
to conduct an instructional program that supplements the educational 
services provided by an LEA. Funds under this program are to be used to 
provide grants to develop and implement new comprehensive, coherent, 
and successful bilingual education or special alternative instructional 
programs for LEP students, including programs of early childhood 
education, kindergarten through twelfth grade education, gifted and 
talented education, and vocational and applied technology education.
    On November 14, 1997, the Department announced in the Federal 
Register the FY 1998 competition for the PDI program. The deadline for 
transmittal of applications was January 20, 1998 (62 FR 61180). In 
response to that invitation 242 eligible applications, 36 of which were 
from California, were submitted to the Department. These applications 
have all been evaluated, on the basis of the selection criteria set out 
in the November 14, 1997 notice, by panels of expert reviewers and 
placed in a rank order. Based on that rank ordering, the amount of 
available funds, and other relevant factors, the Department has 
determined that approximately 35 applications are eligible to receive 
new awards under the PDI program. A number of applications from 
California were within the funding range of this rank order.
    On June 2, 1998, prior to the Department making any new awards 
under this year's PDI program competition, the voters of California 
approved Proposition 227, which imposes significant new requirements 
and limitations on how LEAs in that State can educate LEP students. 
Proposition 227 will take effect at the start of the coming school 
year. As a result, many of the California LEAs and other eligible 
entities that submitted applications for new awards in this year's PDI 
program competition may not be able to carry out the projects described 
in their applications. The eligible applicants from California that 
submitted applications in this year's PDI program competition acted in 
good faith in relying on the State laws on serving LEP students that 
were in effect on the date applications were due, January 20, 1998. The 
Secretary has concluded that it would be unfair to the eligible 
applicants from California that participated in this year's PDI program 
competition, and contrary to the needs of children who would be served 
by those projects, to deny them an opportunity to compete for funding 
because of the changes in that State's law brought about by the passage 
of Proposition 227.
    Given these unique and unprecedented circumstances, the Secretary 
has decided to allow all eligible applicants from California in this 
year's PDI competition an opportunity to submit amended versions of 
their original applications to make them consistent with Proposition 
227. The Secretary has concluded that it is necessary to offer this 
opportunity because applicants that cannot carry out their proposed 
projects due to Proposition 227 will need to amend their applications 
in order to be eligible for a PDI award.
    The procedures established in this notice will operate in the 
following way. First, these procedures will not adversely affect 
applicants from outside California that finished in the funding range 
in this year's competition. These applicants will receive grant awards 
under the PDI program without regard to the procedures announced in 
this notice. Second, eligible applicants from California that cannot 
carry out their proposed projects consistent with Proposition 227 will 
be allowed to submit, by not later than August 18, 1998, amended 
applications. These amended applications will be evaluated by panels of 
experts using the selection criteria set out in the November 14, 1997 
Federal Register notice (62 FR 61180-61202). (The competitive priority 
set out in that notice will also apply). Third, eligible applicants 
from California that have concluded that their applications are 
consistent with Proposition 227 will inform the Department of that 
conclusion, and its basis, by August 18, 1998. Finally, based on the 
scores provided for the amended applications from California and the 
previous scores of all other applications, a new rank order for the PDI 
competition will be created. This new rank order will include all 
applications from California and all the applications from outside of 
California that did not finish in the funding range in the initial rank 
order. (As noted earlier, applicants from outside of California that 
finished in the funding range in the initial rank order will receive 
PDI grant awards). Those applicants that rank high enough in the new 
rank order will receive PDI grant awards. Under this process, it is 
possible that applicants from California that would have finished in 
the funding range in the initial rank order may not,

[[Page 40343]]

because of the score received by their amended proposal, finish in the 
funding range in the new rank order. Conversely, other applicants that 
would not have finished in the funding range in the initial rank order 
may finish in the funding range in the new rank order.
    The Secretary has concluded that this process appropriately 
addresses and balances the needs of all the applicants that 
participated in this year's competition, the unique circumstances 
brought about by the passage of Proposition 227 after the due date for 
applications had passed, and the public interest in selecting quality 
projects that address the educational needs of LEP students.
    The opportunity to submit amended applications is limited to 
eligible applicants from California that responded to the November 14, 
1997 Federal Register notice. Eligible applicants from other States 
that submitted applications in response to that notice are not affected 
by Proposition 227 and, as a consequence, do not need to amend their 
applications. LEAs and other eligible entities from California or other 
States that did not submit PDI applications in response to the November 
14, 1997 Federal Register notice are also excluded because their status 
in a competition in which they did not elect to participate was not 
affected by the passage of Proposition 227.

Deadline and Procedures for Submission and Evaluation of Amended 
Applications

    The Secretary, in order to ensure timely receipt and processing, 
establishes the following deadline and procedures for submission and 
evaluation of amended applications from eligible California applicants 
that responded to the November 14, 1997 Federal Register notice.
    Amended applications: In order to be considered for funding under 
this program, amended applications must be received by the Secretary on 
or before August 18, 1998. For purposes of amended applications 
submitted pursuant to this notice, the Secretary will not apply 34 CFR 
75.102(b), which requires an application to be mailed, rather than 
received, by the deadline date.
    If an eligible applicant wants to submit an amended application, 
the applicant shall:
    (1) Mail the original and two copies of the amended application to: 
U.S. Department of Education, Office of Bilingual Education and 
Minority Languages Affairs, (Attention West Regional Cluster), 600 
Independence Avenue, SW, Switzer Building, room 5607, Washington, D.C. 
20202-6510; or
    (2) Hand-deliver the original and two copies of the amended 
application by 4:30 p.m. on or before the deadline date to: U.S. 
Department of Education, Office of Bilingual Education and Minority 
Languages Affairs, (Attention West Regional Cluster), Switzer Building, 
room 5607, 330 C Street, SW, Washington, D.C.
    Non-amended applications: If an eligible applicant concludes that 
no changes are needed to its application due to Proposition 227, the 
applicant must inform the Secretary, in writing, of that conclusion, 
and the basis for reaching it, by August 18, 1998. Mail this statement 
to: U.S. Department of Education, Office of Bilingual Education and 
Minority Languages Affairs, (Attention West Regional Cluster), 600 
Independence Avenue, SW, Switzer Building, room 5607, Washington, D.C. 
20202-6510.
    Amended applications will be reviewed in accordance with the 
selection criteria and priorities announced in the November 14, 1997 
notice for the PDI program (62 FR 61180-61202). The scores for the 
amended applications will then be combined with the scores of the other 
unfunded applications to create a new rank order.

Waiver of Intergovernmental Review for Federal Programs for Amended 
Application

    The Secretary waives the requirements of Executive Order 12372 
(Intergovernmental Review of Federal Programs) for amended applications 
submitted in response to this notice.

State Educational Agency Comment

    The Department, prior to making an award to any applicant from 
California, including both the amended proposals and the non-amended 
proposals, will obtain verification from the California Department of 
Education that the applicant's proposal is consistent with Proposition 
227.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act (5 U.S.C. 553), 
it is the practice of the Department to offer interested parties an 
opportunity to comment on proposed rules or priorities that are not 
taken directly from a statute. Ordinarily, this practice would have 
applied to the limitations and procedures in this notice. The 
Administrative Procedure Act, however, exempts rules from this 
requirement in those cases where providing an opportunity for public 
comment is ``impracticable * * * or contrary to the public interest'' 
(5 U.S.C. 553(b)(B)). In this instance, the Secretary finds that it 
would be both impracticable and contrary to the public interest to 
provide an opportunity for public comment. Because FY 1998 awards under 
the Comprehensive School Grants program can be made no later than 
September 30, 1998, the Secretary has determined that there is not 
sufficient time to allow interested parties to comment on this notice. 
The Department, for the foregoing reasons, also waives the 30 day 
delayed effective date pursuant to 5 U.S.C. 553(d).

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

To use 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 a document is the document 
published in the Federal Register.

    Program authority: 20 U.S.C. 7422.

(Catalog of Federal Domestic Assistance Number 84.288S, Bilingual 
Education: Program Development and Implementation Grants)

    Dated: July 22, 1998.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.
[FR Doc. 98-20122 Filed 7-27-98; 8:45 am]
BILLING CODE 4000-01-P