[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72802-72804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33554]



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Part VII

Department of Education
_______________________________________________________________________



34 CFR Part 614



Preparing Tomorrow's Teachers to Use Technology; Final Rule

  Federal Register / Vol. 64, No. 248 / Tuesday, December 28, 1999 / 
Rules and Regulations  

[[Page 72802]]



DEPARTMENT OF EDUCATION

34 CFR Part 614


Preparing Tomorrow's Teachers to Use Technology

RIN 1840-AC81
AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary adds the regulations governing 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: These regulations are effective January 27, 2000.

FOR FURTHER INFORMATION CONTACT: Mary Gonzales, Office of Postsecondary 
Education, 1990 K Street, NW., Room 6153, Washington, DC. 20006-8526. 
Telephone: (202) 502-7788. 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:
    On October 22, 1999, the Secretary published a notice of proposed 
rulemaking (NPRM) for Preparing Tomorrow's Teachers to Use Technology 
in the Federal Register (64 FR 57287). In the preamble to the NPRM, the 
Secretary discussed on pages 57287 and 57288 the major regulations 
proposed for Preparing Tomorrow's Teachers to Use Technology. These 
included the following:
    Establishing the purpose of the Preparing Tomorrow's Teachers to 
Use Technology program as helping future teachers to become proficient 
in the use of modern learning technologies.
    Limiting grants made under this program to support training for 
pre-service teachers by prohibiting the use of grant funds for in-
service training, or for continuing education for currently certified 
teachers.
    Defining the eligible applicants for the program is 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.
    Listing the regulations from the Education Department's General 
Administrative Regulations that would apply to the program, and 
referencing these regulations.
    Requiring 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.
    Establishing the matching requirements for consortia by requiring 
that the Federal share of the cost of the project not exceed fifty 
percent of the total project cost for each budget period.
    Limiting 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.
    Prohibiting the use of Federal grant funds 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.
    Requiring that applications for the program be received by the 
deadline date that will be announced in a separate notice in the 
Federal Register.
    Except for minor editorial revisions, there are no differences 
between the NPRM and these final regulations.

Analysis of Comments and Changes

    In the NPRM the Secretary invited comments on the proposed 
regulations. In response to our invitation in the NPRM, three parties 
submitted comments on the proposed regulations. An analysis of the 
comments follows.
    Comments: One commenter encouraged the program to allow the use of 
funds for in-service professional development for current teachers to 
help address their discomfort with technology.
    Discussion: The change recommended by the commenter would 
materially alter the purpose of the program. Several recent national 
reports have concluded that teacher preparation has emerged as the 
critical factor limiting the contributions of new technologies to 
improved learning--and these findings respond to the need to 
restructure the teacher preparation system. Federal, State and local 
agencies are investing billions of dollars a year to equip schools with 
computers and modern communications networks. Recent GAO testimony \1\ 
based upon an agency survey on the use of Federal funds for teacher 
training programs for elementary and secondary teachers indicates that 
while $1.5 billion in Federal funds are used in part for teacher 
training, the majority goes towards in-service training while only six 
percent support goes towards pre-service training.
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    \1\ United States General Accounting Office, ``Teacher 
Training--over $1.5 Billion Federal Funds Invested in Many 
Programs,'' Statement of Marnie S. Shaul, Associate Director, 
Education, Workforce, and Income Security Issues, Health Education, 
and Human Services Division, Released May 5, 1999.
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    We recognize that reeducating the existing teaching force to take 
full advantage of technological learning tools will require extensive 
professional development over many years. But this problem is being 
greatly magnified by the fact that new teachers entering the profession 
are not being adequately prepared to use the modern technologies they 
will find in their 21st century schools. 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 size. No school system in America can ensure that these future 
teachers are well-prepared, technology-proficient educators without 
significant improvement and restructuring of the teacher preparation 
system. If our information technology investments are to pay off in 
improved education, this program must focus limited Federal funds to 
ensure that future teachers are technology-proficient educators, who 
arrive at their schools ready to use modern learning resources to help 
21st Century students meet high standards.
    Changes: None.
    Comments: One commenter suggested adding the phrase ``research-
proven, standards-led'' to the purpose of the program to ensure that 
all students are taught to use technology in meaningful ways.
    This program provides grants to help future teachers become 
proficient in the use of modern learning technologies within the 
context of research-proven and standards-led instructional practices. 
The program also supports training for pre-service teachers in modern 
learning technologies within the context of research-proven and 
standards-led instructional practices.
    Discussion: The language proposed by the commenter does not make 
the regulations clearer. The underlying goal

[[Page 72803]]

of ensuring that all student populations are enabled to use technology 
in meaningful ways will be addressed in the application package. The 
application package will emphasize the importance of technology-
proficient future teachers by encouraging all applicants to address 
equitable digital access for all populations to help all students 
achieve to high standards. The application package will also indicate 
that technology-proficient future teachers utilize technology to 
improve the teaching and learning process.
    Changes: None.
    Comments: One commenter suggested listing or identifying specific 
potential consortium partners such as the North Central Regional 
Education Laboratory (NCREL), the National Computational Science 
Alliance (NCSA), and the Department of Energy Laboratories.
    Discussion: The regulations leave the consortium composition to the 
discretion of the applicant. The regulations list general types of 
organizations that could be included and these could include the 
commenter's specific potential consortium partners. The regulations 
also encourage as an eligible applicant any organization able to 
contribute to the teacher preparation reforms that produce technology-
proficient educators.
    Changes: None.
    Comments: One commenter suggested eliminating the matching 
requirements for consortia to better enable all schools to fairly 
compete. Instead, a ``match'' could be used as an indicator of 
commitment.
    Discussion: It is imperative to require matching commitments to 
better leverage limited Federal funding and to help build and ensure 
project sustainability beyond the life of the Federal grant. Over 500 
eligible applicants applied for FY 1999 funds that resulted in 225 
awards. The applicants were from a broad cross-section of institutions 
and organizations. Based upon the overwhelming response from the field 
and the range of types of organizations funded, it seems that the 
matching requirement does not preclude ``poor'' institutions from the 
competition.
    Changes: None.
    Comments: One commenter suggested that the demonstration of 
``Institution-wide'' support is almost impossible at large 
universities.
    Discussion: The demonstration of ``Institution-wide'' support is 
not required for funding under this program. However, ``Institution-
wide'' support is important to demonstrating an effective response to 
the preparation of technology proficient teachers. Thus, it is to the 
advantage of potential applicants to show collaboration within their 
university.
    Changes: None.
    Comments: One commenter suggested allocating preference points for 
applicants addressing looming teacher shortages.
    Discussion: The focus of this program is on preparing technology 
proficient future teachers. Developing remedies for possible teacher 
shortages is beyond the scope of this program. Extra points for 
addressing teacher shortages is not consistent with the program 
purpose.
    Changes: None.
    Comments: Once commenter felt that that the program should specify 
a more precise monetary or percentage range for the amount of grant 
funds to be used for project evaluation.
    Discussion: The amount of money to be allocated for evaluation was 
not addressed in the regulations. It is up to the applicant to 
determine the appropriate level of evaluation investment for the 
proposed project.
    Changes: None.

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR Part 79. The objective of the 
Executive order is to foster an intergovernmental partnership and a 
strengthened federalism by relying on processes developed by State and 
local governments for coordination and review of proposed Federal 
financial assistance.
    In accordance with the order we intend this document to provide 
early notification of the Department's specific plans and actions for 
this program.

Assessment of Educational Impact

    In the NPRM we requested comments on whether the proposed 
regulations would require transmission of information that any other 
agency or authority of the United States gathers or makes available.
    Based on the response to the NPRM and on our review, we have 
determined that these final regulations do not 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, D.C., 
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, Reporting and 
recordkeeping requirements.

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

    Dated: December 21, 1999.
Claudio R. Prieto,
Acting Assistant Secretary for Postsecondary Education.

    For the reasons stated in the preamble, the Secretary amends 
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 date 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

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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:
    (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 of this chapter, 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. 99-33554 Filed 12-27-99; 8:45 am]
BILLING CODE 4000-01-U