[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Proposed Rules]
[Pages 57288-57291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27454]



[[Page 57287]]

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Part III





Department of Education





_______________________________________________________________________



34 CFR Part 614



Preparing Tomorrow's Teachers To Use Technology; Proposed Rule

  Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 / 
Proposed Rules  

[[Page 57288]]



DEPARTMENT OF EDUCATION

34 CFR Part 614

RIN 1840-AC81


Preparing Tomorrow's Teachers to Use Technology

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Secretary proposes regulations for the Preparing 
Tomorrow's Teachers to Use Technology program, which provides grants to 
consortia that help future teachers become proficient in the use of 
modern learning technologies. This program provides support for two 
types of grants: Implementation grants and Catalyst grants.

DATES: We must receive your comments on or before November 22, 1999.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to: Mary Gonzales, US Department of Education, 1990 K Street, 
NW., Room 6153, Washington, DC 20006. Comments may also be sent through 
the Internet to: Teacher__T[email protected]
    You should include the term ``Regulations for Preparing Tomorrow's 
Teachers to Use Technology'' in the subject line of your electronic 
message.
    If you want to comment on the information collection requirements 
in the application package associated with these regulations you must 
send your comments to the Office of Management and Budget (OMB) at the 
address listed in the Paperwork Reduction Act section of this preamble. 
You may also send a copy of these comments to the Department 
representative named in this section.

FOR FURTHER INFORMATION CONTACT: Mary Gonzales, Office of Postsecondary 
Education, 1990 K Street, NW., Room 6153, Washington, DC. 20006. 
Telephone: (202) 260-1365. If you use a telecommunications device for 
the deaf (TDD), you may call the TDD number at (202) 401-3664.
    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:

Invitation to Comment:

    We invite you to submit comments regarding these proposed 
regulations.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
regulations. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations in Room 6153, 1990 K Street, 
NW., Washington, DC. 20006, between the hours of 8:30 a.m. and 4 p.m., 
Eastern time, Monday through Friday of each week except Federal 
holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
printer magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment for this type of aid, you may call (202) 205-
8113 or (202) 260-9895. If you use a TDD, you may call the Federal 
Information Relay Service at 1-800-877-8339.

Background

    Teacher preparation is emerging as a critical factor limiting the 
contributions of new technologies to improved learning. Federal, State 
and local agencies are investing billions of dollars to equip schools 
with computers and modern communications networks. However, despite 
these investments, only 20 percent of the 2.5 million current public 
school teachers feel comfortable using technology in their classrooms.
    The proposed regulations are necessary to focus available funds on 
projects that train teachers to become technology-proficient educators, 
who are well prepared to help all students meet high standards. Grants 
made under this program would assist teacher preparation programs that 
are integrating modern technologies into the curriculum to meet the 
nation's technology literacy challenge.
    Section 614.1 of the proposed regulations would outline the purpose 
of the Preparing Tomorrow's Teachers to Use Technology program. Under 
Sec. 614.1, the purpose of grants under this program would be to help 
future teachers to become proficient in the use of modern learning 
technologies. The proposed regulations would limit grants made under 
this program to support training for pre-service teachers. Section 
614.1 would prohibit the use of grant funds for in-service training, or 
for continuing education for currently certified teachers. While we 
recognize that retraining currently certified teachers is an important 
objective, in less than a decade over two million teachers must be 
recruited to replace retiring teachers, to meet increasing student 
enrollment demands, and to achieve smaller class sizes. Therefore, we 
believe that an emphasis on training preservice teachers is the most 
effective way to use limited Federal funds.
    Section 614.2 of the proposed regulations would define the eligible 
applicants for the program. Under Sec. 614.2, an eligible applicant 
would be a consortium composed of at least two or more organizations 
that could include: institutions of higher education (IHEs), schools of 
education, community colleges, State educational agencies (SEAs), local 
educational agencies (LEAs), private elementary or secondary schools, 
professional associations, foundations, museums, libraries, private 
sector businesses, public or private nonprofit organizations, 
community-based organizations, or any other entity able to contribute 
to the teacher preparation program reforms that produce technology-
proficient educators. Innovative ideas for training prospective 
teachers must enable applicants to draw upon the commitments and 
expertise of multiple organizational resources. We believe that 
requiring the formation of consortia will help promote improved teacher 
preparation within established institutions and foster more 
collaboration across disciplines and among higher education, elementary 
and secondary schools, and the private sector. Teacher preparation 
programs are strongly encouraged to form partnerships with technology-
rich K-12 schools that can provide postsecondary faculty and 
prospective teachers with hands-on learning opportunities in well-
equipped classrooms.
    Section 614.3 of the proposed regulations would outline the 
regulations that would apply to this program. Section 614.3(a) would 
list the regulations from the Education Department's General 
Administrative Regulations that would apply to the program, and 
Sec. 614.3(b) would reference these proposed regulations.
    The proposed regulations in Sec. 614.4 would require that the lead 
applicant for the consortium be a nonprofit member of the consortium, 
and that only the lead applicant could serve as the fiscal agent for 
the consortium, to best ensure accountability.

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    Section 614.5 of the proposed regulations would establish the 
matching requirements for consortia. The proposed regulations would 
require that the Federal share of the cost of the project could not be 
more than fifty percent of the total project cost for each budget 
period. This matching requirement will help ensure sustained community 
support, even after Federal grant money is gone. Requiring the 
consortia to provide some funding will allow more consortia and, 
therefore, more innovative strategies, to be funded.
    Section 614.6 of the proposed regulations would limit the maximum 
indirect cost rate for all consortium partners and any cost-type 
contract made under these grants to eight percent of a modified total 
direct cost base or the partner's negotiated indirect cost rate, 
whichever rate is lower. Indirect costs are charges that are incurred 
by so many programs or cost objectives that it would be either 
impossible or prohibitively expensive to calculate the precise amount 
of charges allocable to a particular program or grant activity. 
Examples of typical indirect costs are heat, electricity and other 
utilities, building services and depreciation, and general 
administration.
    Generally, the formula for determining the amount of indirect costs 
that may be charged to any grant is based on application of a 
negotiated indirect cost rate to the grant's direct costs. Thus, the 
higher the indirect cost rate the more grant funds that will be charged 
for these ``overhead'' expenses, and the fewer grant funds that remain 
available for the costs of direct services. While recognizing the 
legitimacy of indirect costs, we believe that having these large 
amounts of funds compensate partners for their general overhead and 
related expenses is inconsistent with the purpose of the program. We 
believe that the eight percent maximum on indirect cost reimbursement 
is a fair percentage for partners in the consortia, which still allows 
significant funds to be available for direct grant services.
    Section 614.7 of the proposed regulations would prohibit the use of 
Federal grant funds under this program to pay for student financial 
assistance, such as scholarships, stipends, or other financial aid 
incentives to recruit future teachers or to subsidize the costs of 
their education. Individual financial aid incentives like these would 
not support the development of innovative program improvements for 
preparing technology-proficient future educators, to meet the rapidly 
increasing demand for well-prepared teachers during the next decade, as 
required by Sec. 614.1. We also believe that using funds under this 
program for these financial aid incentives would be duplicative of 
other financial aid sources.
    Section 614.8 of the proposed regulations would require that the 
applications be received by the deadline date that will be announced in 
a separate notice in the Federal Register. This will help facilitate an 
efficient, yet thorough, review process.

Clarity of the Regulations

    Executive Order 12866 and the President's Memorandum June 1, 1998 
on ``Plain Language in Government Writing'' require each agency to 
write regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following: Are the requirements in the proposed regulations 
clearly stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections? (A ``section'' is 
preceded by the symbol ``Sec. '' and a numbered heading; for example, 
Sec. 614.3 What regulations apply?)
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Department could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities. Entities that would be affected by these regulations are 
States and State agencies, local educational agencies (LEAs), local 
community organizations, and Institutions of higher education. States 
and State agencies are not ``small entities'' under the Regulatory 
Flexibility Act.
    Institutions of higher education are defined as ``small entities,'' 
according to U.S. Small Business Administration Size Standards, if they 
are for-profit or nonprofit institutions with total annual revenue 
below $5,000,000 or if they are institutions controlled by governmental 
entities with populations below 50,000. Small LEAs and local community 
organizations are small entities for the purposes of the Regulatory 
Flexibility Act. These proposed regulations would not have a 
significant economic impact on the small entities affected because the 
regulations would not impose excessive regulatory burdens or require 
unnecessary Federal supervision.
    The regulations would impose minimal requirements to ensure the 
proper expenditure of program funds.

Paperwork Reduction Act of 1995

    Although these regulations do not contain any information 
collection requirements, there is an application package associated 
with these regulations that does provide for information collection. 
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the 
Department of Education has submitted a copy of the application package 
to OMB for its review and is requesting approval from OMB for the forms 
and information used to apply for new grants under this program.
    Collection of Information: Discretionary Grant Programs--
Application Package for Preparing Tomorrow's Teachers to Use Technology 
Discretionary Grant Program.
    The package would apply to two types of grants, Implementation and 
Catalyst grants. Grants would be awarded to prepare future teachers to 
utilize modern learning technologies throughout the teaching 
curriculum. Three critical issues in the use of technology would be 
addressed by the grants: access to modern educational tools, support in 
the preparation of well-qualified, technology proficient teachers, and 
bridging the digital divide to ensure access to modern learning 
technologies and qualified teachers for all students.
    The likely respondents would be State, local, or tribal governments 
or agencies; businesses or other for-profit agencies; nonprofit 
institutions; small businesses or organizations; State, local, or 
Tribal Government educational agencies; public and private schools, 
school districts, and institutions of higher education.
    This collection of information is necessary for applicants to apply 
for new grants under the Preparing Tomorrow's Teachers to Use 
Technology program, authorized under Title III, section 3122 of the 
Improving

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America's Schools Act of 1994. Grants will be awarded on the basis of 
competitively reviewed applications submitted to the U.S. Department of 
Education, Office of Postsecondary Education (OPE), Policy Planning and 
Innovation (PPI), Preparing Tomorrow's Teachers to Use Technology 
grants competition. Continued funding for each grant is based on 
availability of funds and substantial progress in achieving project 
objectives.
    This application process occurs once each year to enable applicants 
to compete for Federal funds annually appropriated by Congress. This 
once-a-year application is necessary to award the annual 
appropriations.
    The total annual public reporting and recordkeeping burden for this 
information collection is twenty hours per application. We anticipate 
that there will be 500 respondents (400 applications for Implementation 
Grants, and 100 applications for Catalyst grants), for a total burden 
of 10,000 hours.
    If you want to comment on the information collection requirements, 
please send your comments to the Office of Information and Regulatory 
Affairs, OMB, room 10235, New Executive Office Building, Washington, DC 
20503; Attention: Desk Officer for U.S. Department of Education. You 
may also send a copy of these comments to the Department representative 
named in the ADDRESSES section of this preamble.
    We consider your comments on this proposed collection of 
information in--
     Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
information we collect; and
     Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology; e.g., permitting electronic submission of 
responses.
    OMB is required to make a decision concerning the collection of 
information associated with these proposed regulations between 30 and 
60 days after publication of this document in the Federal Register. 
Therefore, to ensure that OMB gives your comments full consideration, 
it is important that OMB receives the comments within 30 days of 
publication. This does not affect the deadline for your comments to us 
on the proposed regulations.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR Part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive Order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether these 
proposed regulations would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet 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 (GPO), toll free, at 1-888-293-6498; or in Washington, DC, area 
at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html

(Catalog of Federal Domestic Assistance Number: 84.342, Preparing 
Tomorrow's Teachers to Use Technology program.)

List of Subjects in 34 CFR Part 614

    Colleges and universities, Grant programs-education, Recordkeeping 
requirements.

(Program Authority: 20 U.S.C. 6832)

    Dated: October 14, 1999.
Claudio R. Prieto,
Acting Assistant Secretary for Postsecondary Education.

    For the reasons stated in the preamble, the Secretary proposes to 
amend Chapter VI of title 34 of the Code of Federal Regulations by 
adding a new part 614 to read as follows:

PART 614--PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY

Sec.
614.1  What is the purpose of the Preparing Tomorrow's Teachers to 
Use Technology program?
614.2  Who is eligible for an award?
614.3  What regulations apply to this program?
614.4  Which member of the consortium must act as the lead applicant 
and fiscal agent?
614.5  What are the matching requirements for the consortia?
614.6  What is the maximum indirect cost rate for all consortium 
members and any cost-type contract?
614.7  What prohibitions apply to the use of grant funds under this 
program?
614.8  What is the significance of the deadline for applications?

    Authority: 20 U.S.C. 6832, unless otherwise noted.


Sec. 614.1  What is the purpose of the Preparing Tomorrow's Teachers to 
Use Technology program?

    (a) This program provides grants to help future teachers become 
proficient in the use of modern learning technologies and to support 
training for pre-service teachers.
    (b) A grantee may not use funds under this program for in-service 
training or continuing education for currently certified teachers.

(Authority: 20 U.S.C. 6832)


Sec. 614.2  Who is eligible for an award?

    (a) Except as provided in paragraph (b) of this section, an 
eligible applicant is a consortium that includes at least two or more 
of the following: institutions of higher education, schools of 
education, community colleges, State educational agencies, local 
educational agencies, private elementary or secondary schools, 
professional associations, foundations, museums, libraries, private 
sector businesses, public or private nonprofit organizations, community 
based organizations, or any other entities able to contribute to 
teacher preparation program reforms that produce technology-proficient 
teachers.
    (b) At least one member of the consortium must be a nonprofit 
entity.

(Authority: 20 U.S.C. 6832)


Sec. 614.3  What regulations apply to this program?

    The following regulations apply to Preparing Tomorrow's Teachers to 
Use Technology:
    (a) The Education Department General Administrative Regulations 
(EDGAR) as follows:

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    (1) 34 CFR part 74 (Administration of Grants and Agreements with 
Institutions of Higher Education, Hospitals, and Other Nonprofit 
Organizations).
    (2) 34 CFR part 75 (Direct Grant Programs), except for Sec. 75.102.
    (3) 34 CFR part 77 (Definitions that Apply to Department 
Regulations).
    (4) 34 CFR part 79 (Intergovernmental Review of Department of 
Education Programs and Activities).
    (5) 34 CFR part 80 (Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments).
    (6) 34 CFR part 81 (General Education Provisions Act--Enforcement).
    (7) 34 CFR part 82 (New Restrictions on Lobbying).
    (8) 34 CFR part 85 (Governmentwide Debarment and Suspension 
(Nonprocurement) and Governmentwide Requirements for Drug-Free 
Workplace (Grants)).
    (9) 34 CFR part 86 (Drug-Free Schools and Campuses).
    (10) 34 CFR part 97 (Protection of Human Subjects).
    (11) 34 CFR part 98 (Student Rights in Research, Experimental 
Programs and Testing).
    (12) 34 CFR part 99 (Family Educational Rights and Privacy).
    (b) The regulations in this part 614.

(Authority: 20 U.S.C. 6832)


Sec. 614.4  Which member of the consortium must act as the lead 
applicant and fiscal agent?

    (a) For purposes of 34 CFR 75.127, the lead applicant for the 
consortium must be a nonprofit member of the consortium.
    (b) The lead applicant must serve as the fiscal agent.

(Authority: 20 U.S.C. 6832)


Sec. 614.5  What are the matching requirements for the consortia?

    A consortium must provide at least 50 percent of the total project 
cost per budget period of the project using non-Federal funds.

(Authority: 20 U.S.C. 6832)


Sec. 614.6  What is the maximum indirect cost rate for all consortium 
members and any cost-type contract?

    (a) The maximum indirect cost rate for all consortium partners and 
any cost-type contract made under these grants is eight percent of a 
modified total direct cost base or the partner's negotiated indirect 
cost rate, whichever rate is lower.
    (b) For purposes of this section, a modified total direct cost base 
is total direct costs less stipends, tuition, and related fees, and 
capital expenditures of $5,000 or more.
    (c) Indirect costs in excess of the maximum may not be--
    (1) Charged as direct costs by the grantee;
    (2) Used by the grantee to satisfy matching or cost sharing 
requirements; or
    (3) Charged by the grantee to another Federal award.

(Authority: 20 U.S.C. 6832)


Sec. 614.7  What prohibitions apply to the use of grant funds under 
this program?

    Grant funds may not be used--
    (a) To recruit prospective teachers;
    (b) To support the cost of a prospective teacher's education 
through any form of financial aid assistance including scholarships, 
internships, or student stipends; or
    (c) For in-service training or continuing education for currently 
certified teachers.

(Authority: 20 U.S.C. 6832)


Sec. 614.8  What is the significance of the deadline date for 
applications?

    Notwithstanding Sec. 75.102, an application for a grant under this 
program must be received by the deadline date that will be announced in 
a separate notice in the Federal Register.

(Authority: 20 U.S.C. 6832)

[FR Doc. 99-27454 Filed 10-21-99; 8:45 am]
BILLING CODE 4000-01-U