[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Notices]
[Pages 53437-53469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22265]



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DEPARTMENT OF EDUCATION

[CFDA No.: 84.288S]


Bilingual Education: Program Development and Implementation 
Grants; Notice Inviting Applications for New Awards for Fiscal Year 
(FY) 2001

Note to Applicants

    This notice is a complete application package. Together with the 
statute authorizing the program and the Education Department General 
Administrative Regulations (EDGAR), this notice contains all of the 
information, application forms, and instructions needed to apply for a 
grant under this program.

Purpose of Program

    The purpose of this program is to provide grants to develop and 
implement new comprehensive, coherent, and successful bilingual 
education programs (including dual language education programs) or 
special alternative instructional programs for limited English 
proficient (LEP) students, including programs of early childhood 
education, kindergarten through twelfth grade education, gifted and 
talented education, and vocational and applied technology education.

SUPPLEMENTARY INFORMATION:

    ``Proficiency in English and one other language is something 
that we need to encourage among all young people. That is why I am 
delighted to see and highlight the growth and promise of so many 
dual-language bilingual programs across the country. They are 
challenging young people with high standards, high expectations, and 
curriculum in two languages. They are the wave of the future * * *. 
That is why I am challenging our nation to increase the number of 
dual-language schools to at least 1,000 over the next five years, 
and with strong federal, state and local support we can have many 
more * * *. Our nation can only grow stronger if all our children 
grow up learning two languages * * *. Our global economy demands it; 
our children deserve it.''

(From Excelencia Para Todos-Excellence for All: The Progress of 
Hispanic Education and the Challenges of a New Century. Remarks by U.S. 
Secretary of Education Richard W. Riley at Bell Multicultural High 
School, Washington, D.C., March 15, 2000.)

    Strong language skills are becoming increasingly important at the 
outset of the twenty-first century as computers and the Internet 
facilitate and expand communication. Individuals who are proficient in 
multiple languages will be able to benefit the most from these new 
technologies that give access to information in all the languages of 
the world.
    The new age of information highlights the importance of assisting 
all students to achieve competence in more than one language. Research 
has shown that dual language education programs are a logical and 
effective way to help LEP students develop their primary language 
skills and become proficient in English and to help native English 
speakers develop their English skills and become proficient in a second 
language.
    Research has also shown that dual language education programs, in 
addition to fostering bilingual proficiency, provide cognitive, socio-
cultural, and economic benefits. Biliterate students tend to perform 
better than monolingual students on tasks that call for pattern 
recognition and problem solving. Knowing other languages facilitates 
greater intercultural understanding and appreciation. Individuals with 
bilingual proficiency enhance their job opportunities and their 
community's economic competitiveness in the global marketplace.
    Underscoring the importance of helping all students develop 
proficiency both in English and in another language, the Secretary in 
his remarks cited above has challenged the Nation to increase the 
number of schools providing dual language education programs to at 
least 1,000 over the next five years. Accordingly, this notice invites 
applications that aim to implement high-quality dual language education 
projects. Applicants should refer to the appendix of this notice for 
nonregulatory guidance on commonly asked questions about dual language 
education.
    Only applications that meet the absolute priority for dual language 
education projects, as specified in this notice, will be considered for 
funding. Other notices will be published later inviting other types of 
applications for new FY 2001 awards under the Program Development and 
Implementation Grants Program and other programs, including the Foreign 
Language Assistance Program.
    Eligible Applicants: (a) One or more local educational agencies 
(LEAs), (b) one or more LEAs in collaboration with an institution of 
higher education (IHE), community-based organization (CBO), or a State 
educational agency (SEA); or (c) a CBO or an IHE that has an 
application approved by the 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.
    Deadline for Transmittal of Applications: October 20, 2000.
    Deadline for Intergovernmental Review: December 19, 2000.
    Available Funds: $7.5 million.
    The Administration has requested $18 million for new grants under 
this program in FY 2001. This amount includes funds for both the dual 
language education awards specified in this notice and other Program 
Development and Implementation awards that will be specified in a later 
notice. The actual level of funding, if any, depends on final 
congressional action.
    Estimated Range of Awards: $100,000-$175,000.
    Estimated Average Size of Awards: $150,000.
    Estimated Number of Awards: 50.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria reviewers 
use to evaluate your application. You must limit the application 
narrative to the equivalent of no more than 35 pages, using the 
following standards:
     A page is 8.5"  x  11", on one side only, with 1" margins 
at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12-point or larger or no smaller 
than 10 pitch (characters per inch).
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the budget justification and the cost 
itemization; Part IV, the assurances and certifications; or the table 
of contents, the one-page abstract, the resumes, the bibliography, or 
the letters of support. However, you must include all of the 
application narrative in Part III.
    If, to meet the page limit, you use more than one side of the page, 
you use a larger page, or you use a print size, spacing, or margins 
smaller than the standards in this notice, we will reject your 
application.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 85, 86, 97, 98, and 99. (b) The regulations in 34 CFR part 299.

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Description of Program

    The statutory authorization for this program, and the application 
requirements that apply to this competition, are set out in sections 
7112 and 7116 of the Elementary and Secondary Education Act of 1965, as 
amended by the Improving America's Schools Act of 1994 (Pub. L. 103-
382, enacted October 20, 1994 (the Act) (20 U.S.C. 7422 and 7426)).
    The grants awarded under this section are to be used to improve the 
education of limited English proficient students and their families. 
Specifically, grantees are required to serve limited English proficient 
students by: (a) Developing and implementing comprehensive preschool, 
elementary, or secondary bilingual education or special alternative 
instructional programs that are coordinated with other relevant 
programs and services; and (b) providing inservice training to 
classroom teachers, administrators, and other school or community-based 
organizational personnel. Grantees may also implement family education 
programs, improve the instructional program, compensate personnel, and 
provide tutorials and academic or career counseling to limited English 
proficient students.

Priorities

Absolute Priority

    Under 34 CFR 75.105(c)(3) and section 7116(i)(1) of the Act the 
Secretary gives an absolute preference to applications that meet the 
following priority. The Secretary funds under this competition only 
applications that meet this absolute priority:
    Projects that provide for the development of bilingual proficiency 
both in English and in another language for all participating students.

Competitive Priority

    Within the absolute priority specified in this notice, the 
Secretary under 34 CFR 75.105(c)(2)(ii) and 34 CFR 299.3(b) gives 
preference to applications that meet the following competitive 
priority. An application that meets this competitive priority is 
selected by the Secretary over applications of comparable merit that do 
not meet the priority:
    Projects that will contribute to systemic educational reform in an 
Empowerment Zone, including a Supplemental Empowerment Zone, or an 
Enterprise Community designated by the United States Department of 
Housing and Urban Development or the United States Department of 
Agriculture, and are made an integral part of the Zone's or Community's 
comprehensive community revitalization strategies.
    A list of areas that have been designated as Empowerment Zones and 
Enterprise Communities is provided at the end of this notice.

Invitational Priority

    Within the absolute priority specified in this notice, the 
Secretary is particularly interested in applications that meet the 
following invitational priority. However, under 34 CFR 75.105(c)(1) an 
application that meets one or more of these invitational priorities 
does not receive competitive or absolute preference over other 
applications:
    Applicants that consider the U.S. Department of Education 
Professional Development Principles in planning and designing a Program 
Development and Implementation Grant project.
    Those principles call for educator professional development that 
focuses on teachers as central to student learning, yet includes all 
other members of the school community; focuses on individual, 
collegial, and organizational improvement; respects and nurtures the 
intellectual and leadership capacity of teachers, principals, and 
others in the school community; reflects best available research and 
practice in teaching, learning, and leadership; enables teachers to 
develop further expertise in subject content, teaching strategies, uses 
of technologies, and other essential elements in teaching to high 
standards; promotes continuous inquiry and improvement embedded in the 
daily life of schools; is planned collaboratively by those who will 
participate in and facilitate that development; requires substantial 
time and other resources; is driven by a coherent long-term plan; is 
evaluated ultimately on the basis of its impact on teacher 
effectiveness and student learning; and uses this assessment to guide 
subsequent professional development efforts.

Selection Criteria

    (a)(1) The Secretary uses the following selection criteria in 34 
CFR 75.210 and sections 7116 and 7123 of the Act to evaluate 
applications for new grants under this competition.
    (2) The maximum score for all of these criteria is 100 points.
    (3) The maximum score for each criterion is indicated in 
parentheses.
    (b) The criteria--(1) Need for the project. (15 points) The 
Secretary considers the need for the proposed project. In determining 
the need for the proposed project, the Secretary considers the 
following factors:
    (i) The number of children and youth of limited English proficiency 
in the school or school district to be served, and
    (ii) The characteristics of those children and youth, such as--
    (A) Language spoken;
    (B) Dropout rates;
    (C) Proficiency in English and the native language;
    (D) Academic standing in relation to the English proficient peers 
of those children and youth; and
    (E) If applicable, the recency of immigration.

(Authority: 20 U.S.C. 7426(g)(1)(A))

    (2) Quality of the project design. (25 points) (i) The Secretary 
considers the quality of the design of the proposed project.
    (ii) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (A) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (B) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (C) The extent to which the proposed project is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (D) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance.
    (E) The extent to which the proposed project will be coordinated 
with similar or related efforts, and with other appropriate community, 
State, and Federal resources.
    (F) The extent to which the proposed project encourages parental 
involvement.

(Authority: 34 CFR 75.210(c)(2)(i), (ii),(xii), (xvi), (xviii), and 
(xix)).

    (3) Quality of project services. (15 points)(i) The Secretary 
considers the quality of the services to be provided by the proposed 
project.
    (ii) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented

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based on race, color, national origin, gender, age, or disability.
    (iii) In addition, the Secretary considers the following factors:
    (A) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (B) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services.
    (C) The likelihood that the services to be provided by the proposed 
project will lead to improvements in the achievement of students as 
measured against rigorous academic standards.

(Authority: 34 CFR 75.210 (d)(1),(2),(3)(i),(v)and (vii)).

    (4) Quality of project personnel. (10 points) (i) The Secretary 
considers the quality of the personnel who will carry out the proposed 
project.
    (ii) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (iii) In addition, the Secretary considers the following factors:
    (A) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (B) The qualifications, including relevant training and experience, 
of key project personnel.

(Authority: 34 CFR 75.210(e)(1)-(3)(i) and (ii)).

    (5) Adequacy of resources. (10 points) (i) The Secretary considers 
the adequacy of resources for the proposed project.
    (ii) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (A) The extent to which the budget is adequate to support the 
proposed project.
    (B) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.
    (C) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits.
    (D) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support.

(Authority: 34 CFR 75.210(f)(1), (2), (iv), (v) and (vi)).

    (6) Quality of the management plan. (10 points) (i) The Secretary 
considers the quality of the management plan for the proposed project.
    (ii) In determining the quality of the management plan for the 
proposed project, the Secretary considers the following factors:
    (A) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (B) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (C) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.

(Authority: 34 CFR 75.210(g)(1), (2)(i), (iv) and (v)).

    (7) Quality of project evaluation plan. (15 points) The Secretary 
reviews each application to determine how well the proposed project's 
evaluation will meet the following requirements:
    (i) Student evaluation and assessment procedures must be valid, 
reliable, and fair for limited English proficient students.
    (ii) The evaluation must include--
    (A) How students are achieving the State student performance 
standards, if any, including data comparing children and youth of 
limited English proficiency with nonlimited English proficient children 
and youth with regard to school retention, academic achievement, and 
gains in English (and, if applicable, native language) proficiency;
    (B) Program implementation indicators that provide information for 
informing and improving program management and effectiveness, including 
data on appropriateness of curriculum in relationship to grade and 
course requirements, appropriateness of program management, 
appropriateness of the program's staff professional development, and 
appropriateness of the language of instruction; and
    (C) Program context indicators that describe the relationship of 
the activities funded under the grant to the overall school program and 
other Federal, State, or local programs serving children and youth of 
limited English proficiency.

(Authority: 20 U.S.C. 7426(h)(3) and 7433(c)(1)-(3))

Intergovernmental Review of Federal Programs

    This program is subject to the requirements of Executive Order 
12372 (Intergovernmental Review of Federal Programs) 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.
    If you are an applicant, you must contact the appropriate State 
Single Point of Contact (SPOC) to find out about, and to comply with, 
the State's process under Executive order 12372. If you propose to 
perform activities in more than one State, you should immediately 
contact the SPOC for each of those States and follow the procedure 
established in each state under the Executive order. If you want to 
know the name and address of any SPOC, see the list in the Appendix to 
this application notice; or you may view the latest official SPOC list 
on the Web site of the Office of Management and Budget at the following 
address: http://www.whitehouse.gov/omb/grants
    In States that have not established a process or chosen a program 
for review, State, areawide, regional, and local entities may submit 
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a 
State Single Point of Contact and any comments from State, areawide, 
regional, and local entities must be mailed or hand-delivered by the 
date indicated in this notice to the following address: The Secretary, 
E.O. 12372--CFDA# 84.288S, U.S. Department of Education, Room 6213, 400 
Maryland Avenue, SW., Washington, D.C. 20202-0124.
    We will determine proof of mailing under 34 CFR 75.102 (Deadline 
date for applications). Recommendations or comments may be hand-
delivered until 4:30 p.m. (Washington, DC time) on the date indicated 
in this notice.

    Please note that the above address is not the same address as 
the one to which an

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applicant submits its completed application. Do not send 
applications to the above address.

Instructions for Transmittal of Applications

    (a) If an applicant wants to apply for a grant, the applicant 
must--
    (1) Mail the original and two copies of the application on or 
before the deadline date to: U.S. Department of Education, Application 
Control Center, Attention: (CFDA# 84.288S), Washington, DC 20202-4725, 
or
    (2) Hand-deliver the original and two copies of the application by 
4:30 p.m. (Washington, DC time) on or before the deadline date to: U.S. 
Department of Education, Application Control Center, Attention: (CFDA# 
84.288S), Room #3633, Regional Office Building #3, 7th and D Streets, 
SW., Washington, DC.
    (b) An applicant must show one of the following as proof of 
mailing:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary.
    (c) If an application is mailed through the U.S. Postal Service, 
the Secretary does not accept either of the following as proof of 
mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note: (1) The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, an applicant should 
check with its local post office.
    (2) The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to each applicant. If an applicant fails to 
receive the notification of application receipt within 15 days from 
the date of mailing the application, the applicant should call the 
U.S. Department of Education Application Control Center at (202) 
708-9495.
    (3) The applicant must indicate on the envelope and--if not 
provided by the Department--in Item 10 of the Application for 
Federal Assistance (Standard Form 424) the CFDA number--and suffix 
letter, if any--of the competition under which the application is 
being submitted.

Application Instructions and Forms

    The appendix to this notice contains the following forms and 
instructions, including a statement regarding estimated public 
reporting burden, a notice to applicants regarding compliance with 
section 427 of the General Education Provisions Act (GEPA), a checklist 
for applicants, and various assurances, certifications, and required 
documentation:
    a. Estimated Burden Statement.
    b. Application Instructions.
    c. Nonregulatory Guidance: Questions and Answers.
    d. Checklist for Applicants.
    e. List of Empowerment Zones and Enterprise Communities.
    f. Application for Federal Education Assistance (ED 424) and 
instructions.
    g. Group Application Certification.
    h. Budget Information--Non-Construction Programs (ED 524) and 
Instructions.
    i. Student Data.
    j. Project Documentation.
    k. Assurances--Non-Construction Programs (Standard Form 424B) and 
Instructions.
    l. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and Instructions.
    m. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014) and 
Instructions.
    n. Disclosure of Lobbying Activities (Standard Form LLL) and 
Instructions.
    o. Notice to All Applicants (GEPA Requirement) and Instructions 
(OMB No. 1801-0004).
    An applicant may submit information on a photostatic copy of the 
application and budget forms, the assurances, and the certifications. 
However, the application form, the assurances, and the certifications 
must each have an original signature.
    All applicants must submit ONE original signed application, 
including ink signatures on all forms and assurances, and two copies of 
the application. Please mark each application as original or copy. No 
grant may be awarded unless a completed application has been received.

FOR FURTHER INFORMATION CONTACT: Ursula Lord or Trini Torres, U.S. 
Department of Education, 400 Maryland Avenue, SW., Switzer Building, 
Room 5605, Washington, DC 20202-6510. Telephone: Ursula Lord (202) 205-
5709; Trini Torres (202) 205-0719. E-mail address: [email protected]; 
[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.
    Individuals with disabilities may obtain this notice in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact persons listed in the preceding 
paragraph. Please note, however, that the Department is not able to 
reproduce in an alternate format the standard forms included in the 
notice.

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 (PDS) 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 Adobe Acrobat Reader, 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 the 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 at GPO access at:


http://www.access.gpo.gov/nara/index.html


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

    Dated: August 25, 2000.
Art Love,
Acting Director, Office of Bilingual, Education and Minority Languages 
Affairs.

APPENDIX--

Estimated Burden Statement

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it 
displays a valid OMB control number. The valid OMB control number 
for this information collection is OMB No. 1885-0538 (Expiration 
Date: 12/31/2001). The time required to complete this information 
collection is estimated to average 80 hours per response, including 
the time to review instructions, search existing data resources, 
gather the data needed, and complete and review the information 
collection. If you have any comments concerning the accuracy of the 
time estimate or suggestions for improving this form, please write 
to: U.S. Department of Education, Washington, D.C. 20202-4651.
    If you have comments or concerns regarding the status of your 
individual submission of this form, write directly to: Office of 
Bilingual Education and Minority Languages Affairs, U.S. Department 
of Education, 400 Maryland Avenue, SW., Room 5605, Switzer Building, 
Washington, DC 20202-6510.

Application Instructions

Abstract

    The narrative section should be preceded by a one-page abstract 
that includes a short

[[Page 53441]]

description of the population to be served by the project, project 
objectives, and planned project activities.

Selection Criteria

    The narrative should address fully all aspects of the selection 
criteria in the order listed and should give detailed information 
regarding each criterion. Do not simply paraphrase the criteria. Do 
not include resumes or curriculum vitae for project personnel; 
provide position descriptions instead. Do not include 
bibliographies, letters of support, or appendices in your 
application.

Empowerment Zone/Enterprise Community Priority

    Applicants that wish to be considered under the competitive 
priority for Empowerment Zones and Enterprise Communities, as 
specified in a previous section of this notice, should identify in 
Section D of the Project Documentation Form the applicable 
Empowerment Zone or Enterprise Community. The application narrative 
should describe the extent to which the proposed project will 
contribute to systemic educational reform in the particular 
Empowerment Zone or Enterprise Community and be an integral part of 
the Zone's or Community's comprehensive revitalization strategies. A 
list of areas that have been designated as Empowerment Zones and 
Enterprise Communities is provided at the end of this notice.

Table of Contents

    The application should include a table of contents listing the 
various parts of the narrative in the order of the selection 
criteria. Be sure that the table includes the page numbers where the 
parts of the narrative are found.

Budget

    A separate budget summary and cost itemization must be provided 
on the Budget Information Form (ED 524) and in the itemized budget 
for each project year. Budget line items should be directly related 
to the activities proposed to achieve the goals and objectives of 
the project.

Submission of Application to State Educational Agency

    Section 7116(a)(2) of the authorizing statute (Elementary and 
Secondary Education Act of 1965, as amended by the Improving 
America's Schools Act of 1994, Pub. L. 103-382) requires all 
applicants except schools funded by the Bureau of Indian Affairs to 
submit a copy of their application to their State educational agency 
(SEA) for review and comment (20 U.S.C. 7426(a)(2)). Section 75.156 
of the Education Department General Administrative Regulations 
(EDGAR) requires these applicants to submit their application to the 
SEA on or before the deadline date for submitting their application 
to the U.S. Department of Education. This section of EDGAR also 
requires applicants to attach to the application they submit to the 
U.S. Department of Education a copy of their letter that requests 
the SEA to comment on the application (34 CFR 75.156). This letter 
should be attached to the Project Documentation Form contained in 
this application package. APPLICANTS THAT DO NOT SUBMIT A COPY OF 
THEIR APPLICATION TO THEIR STATE EDUCATIONAL AGENCY IN ACCORDANCE 
WITH THESE STATUTORY AND REGULATORY REQUIREMENTS WILL NOT BE 
CONSIDERED FOR FUNDING.

Final Application Preparation

    Use the Checklist for Applicants provided below to verify that 
your application is complete. Submit three copies of the 
application, including one copy with an original signature on each 
form that requires the signature of the authorized representative. 
Do not use elaborate bindings, notebooks, or covers. The application 
must be mailed or hand-delivered to the U.S. Department of Education 
Application Control Center (ACC). If mailed, the application must be 
postmarked by the deadline date.

Nonregulatory Guidance: Questions and Answers

What is ``Dual Language Education''?

    Dual language education programs (sometimes referred to as dual 
immersion, two-way immersion, or two-way bilingual education) aim to 
achieve bilingual proficiency and biliteracy in English and another 
language for all participating students. They integrate both 
language minority and language majority students for all or most of 
the day and use their native language resources to model language 
skills for peers. Dual language programs provide content instruction 
and literacy instruction to all students in the program in both 
languages.

Is a dual language education program the only means of achieving 
English proficiency for all LEP students in all communities?

    No. Dual language education is not the only way to achieve high 
standards for all students. It is only one of many successful 
methodologies that are recognized as sound for helping LEP students 
achieve proficiency in English and achieve to high academic 
standards.

What are some of the goals of a dual language program?

    Successful dual language education programs have the following 
goals:
     Students will develop high levels of proficiency in 
their first language.
     Students will develop high levels of proficiency in a 
second language.
     Academic performance will be at or above grade level in 
both languages.
     Students will demonstrate positive cross-cultural 
attitudes and behaviors.

How is a successful dual language education program implemented?

    Findings from research indicate that effective dual language 
programs:
     Include a roughly equal balance of students from the 
target language and English language backgrounds who participate in 
instructional activities together.
     Provide instruction in English and in the target (non-
English) language so that they achieve optimal bilingual proficiency 
and biliteracy. A common approach among existing dual language 
programs is to provide approximately equal amounts of instruction in 
both English and in the target (non-English) language.
     Provide a minimum of four to six years of dual language 
instruction to all participating students and form partnerships with 
middle and high schools to support the students' dual language 
skills past their elementary experience.
     Hold all students to the same high academic standards 
and provide the same core academic curriculum for students in the 
dual language programs as in other programs.
     Incorporate characteristics of effective schools, such 
as qualified personnel and family-school collaboration.

What does the research show about the impacts of dual language 
education programs?

    There are currently more than 260 dual language programs 
nationwide and the number is growing rapidly (Loeb, 1999). According 
to ongoing research on non-native English speakers in five urban 
districts, those students in dual immersion programs showed the most 
academic gains as compared to those in other programs (Collier, 
1994). While these differences are less apparent in the early years, 
later success suggests longer-term benefits. Specifically, in six 
dual language schools in California, 93% to 100% of the non-native 
English-speaking fifth and sixth grade students were considered 
fluent in English (according to the Student Oral Language 
Observation Matrix); 75% to 100% of the native English speakers were 
considered fluent in Spanish by the fifth grade (Lindholm-Leary, 
2000). Students in dual language programs show an increased 
likelihood for developing friendships without regard to race or 
ethnicity and both native and non-native English speakers showed 
more confidence in academic and personal matters than did their 
peers in other programs (Cazabon, Lambert, and Hall, 1993).

How long a planning period is necessary before implementing a dual 
language program?

    In-depth planning is central to the program's effectiveness; 
thus, at least one year of planning is recommended before 
implementing a new dual language program. During this time, it is 
important to establish a planning team that includes parents, 
teachers, school and district administrators, and community 
representatives. Initial planning steps should include: carefully 
assessing the native language skills of the student population; 
identifying the academic needs of the LEP and English-speaking 
students; identifying the target language; researching dual language 
education literature; determining the type and scope of the program; 
establishing goals; parent outreach; assessing the qualifications 
and strengths of available teachers; assessing resources such as 
aides, materials, and funding; and developing an action plan, 
budget, and timeline.

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Should a school with a transient student population (over 30%) 
consider implementing a dual language education instructional 
design? How could a high rate of transience affect the success of 
the program?

    Recruiting and retaining sufficient numbers of language minority 
and language majority students is crucial if the dual language 
program is to be successful. Many programs require that parents make 
a long-term commitment of five to six years. For schools with highly 
transient student populations, if many students are expected to 
leave the program before realizing the potential benefits, the dual 
language approach is not recommended.

What grade levels should be considered for implementing a dual 
language instructional design?

    Nearly all successful dual language programs start between Pre-K 
and first grade and continue through at least the end of elementary 
school.

What are the challenges for a middle or high school program that is 
interested in dual language education?

    Findings from surveys of existing dual language programs 
indicate that starting a program at the secondary level is not 
recommended unless elementary schools with strong dual language 
programs will directly feed into the school. Middle and high schools 
face numerous implementation challenges, including the availability 
of qualified staff, appropriate materials in the non-English 
language, language distribution, costs for new materials, and 
student scheduling.

What is the recommended number of English speakers and target 
language speakers a school has to have in order to implement a 
successful dual language education program?

    Each class is usually composed of 50% native English speakers 
and 50% native speakers of the target language. This composition is 
optimal so that there are native language models in both languages 
of instruction. A program in which, for example, no less than 40% 
and no more than 60% of the students are minority language speakers 
will still be feasible as a dual language education program.

Do all LEP students in the school have to be served by the dual 
language instructional model to be eligible for funding under the 
Dual Language Education Program Development and Implementation 
grant competition?

    No, but it is recommended that applicants consider starting with 
at least two classes at the same grade level, usually kindergarten, 
and continue to add one grade level per year as the program matures. 
All students participating in the program must receive comprehensive 
and coherent services that are ``coordinated with other relevant 
programs and services to meet the full range of educational needs of 
limited English proficient students.''

Are students from both language backgrounds in class together all 
day?

    Students from both language backgrounds should learn together 
for all, or almost all, of the instructional day. In certain 
schools, the students may be separated for some of their language 
arts instruction in the first or second language. However, if 
students are separated for too much instruction, they do not have 
the opportunity to learn language from each other and if the 
students are separated for instruction over several grade levels, 
this tracking may lead to less challenging content for the language 
minority students.

Do all teachers need to be fully proficient in English and the 
target language in a dual language program?

    Projects funded under the Bilingual Education Act are required 
to use personnel who are proficient in the language or languages 
used for instruction. In addition, the Act specifically requires 
that projects employ teachers who individually, or in combination, 
are proficient in English. Ideally, all instructional staff should 
be fully bilingual since an explicit goal of a dual language program 
is bilingualism and biliteracy for all students. The Department, 
however, does not read the statute as requiring that all teachers in 
a dual language program be fully proficient in both English and the 
target language. If teachers are not bilingual, instruction can be 
organized according to the language proficiency of the teachers for 
grades two and later. For grades K-1, research shows it is 
especially important that teachers who are providing instruction in 
English possess some understanding of the target language to help 
facilitate negotiation of meaning during instruction.

Who needs to be supportive of a dual language education program in 
order to help ensure its successful implementation?

    Stakeholders may include district administrators, school 
administrators, teachers, parents, local organizations, institutions 
of higher education, and the broader community. Effective leadership 
from all parties requires an understanding of the research findings 
and pedagogical principles underlying dual language programs as well 
as a willingness to advocate for the program.

Must a program have LEP students to qualify for a Dual Language 
Education Program Development and Implementation grant under Title 
VII?

    Yes. In order for a school to be eligible to participate in the 
Program Development and Implementation grant program it must serve 
limited English proficient students and their families. A primary 
purpose of projects that will be assisted under this program will be 
to develop the English and native language proficiency of LEP 
students and assist those students in mastering challenging academic 
content. Programs that use two languages, but do not have 
participating LEP students, may be eligible for assistance under the 
Foreign Language Assistance Program (FLAP).

Can a dual language education program include students whose first 
language is neither English nor the target language?

    Yes, if a school has students whose primary language is neither 
English nor the target language (e.g. a student whose first language 
is Vietnamese at a school implementing a Spanish/English dual 
language program), it can include that child in the dual language 
program so long as provisions are made to ensure that the child has 
meaningful access to the entire academic program.

What is the typical racial or ethnic composition of a dual language 
program?

    There is no typical racial or ethnic composition of a dual 
language program. For example, a dual language Spanish/English 
program could include mostly Latino students as long as 
approximately half of them are LEP Spanish speakers and the other 
half uses English as their first language. Conversely, a Chinese/
English program could include White, Latino, Asian, and Black 
students in its group of English language speakers.

May an LEA apply for both a regular Program Development and 
Implementation grant and a Dual Language Education Program 
Development and Implementation grant under Title VII for the same 
school?

    Yes. However, because a regular Program Development and 
Implementation grant supports the implementation of a specific 
program, an LEA cannot receive more than one Program Development and 
Implementation grant for the same program at a specific school. (An 
LEA can receive more than one Program Development and Implementation 
grant as long as those grants are to be carried out at separate 
schools.) An applicant should choose the instructional strategy that 
is right for its unique student population, teachers, and community 
and apply for the grant that is most appropriate for the particular 
school in question.

What should a program do to sustain its dual language activities 
after the grant period is completed?

    Regardless of the length of the grant cycle, from the start, 
program coordinators are to consider methods for building their 
capacity to continue the program on non-Federal funds when the grant 
period ends. An applicant's commitment to capacity building for 
program continuation is one of the basic obligations that must be 
met by grantees under the Bilingual Education Act and will be a 
significant component of the criteria used in selecting applications 
for funding.

Checklist for Applicants

Order of the Forms and Other Items for the Application

    1. Application for Federal Education Assistance Form (ED 424).
    2. Group Application Certification Form (if applicable).
    3. Budget Information Form (ED 524).
    4. Itemized budget for each budget year.
    5. Student Data Form.
    6. Project Documentation Form, including:

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    Section A--Copy of transmittal letter to SEA (if applicable);
    Section B--Documentation of consultation with nonprofit private 
school officials (if applicable);
    Section C--Appropriate box checked;
    Section D--Empowerment Zone or Enterprise Community identified 
(if applicable).
    7. Assurances--Non-Construction Programs Form (SF 424B).
    8. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements 
Form (ED 80-0013).
    9. Certification Regarding Debarment, Suspension, Ineligibility 
and Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 
80-0014) (if applicable).
    10. Disclosure of Lobbying Activities Form (SF LLL).
    11. Notice to All Applicants (GEPA Requirement) (OMB No. 1801-
0004).
    12. One-page abstract.
    13. Table of contents.
    14. Application narrative (not to exceed 35 pages).

Transmittal of the Application

    1. One original and two copies of the application to the U.S. 
Department of Education Application Control Center.
    2. One copy to the appropriate State Educational Agency (if 
applicable).
    3. One copy to the appropriate State Single Point of Contact (if 
applicable).

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[FR Doc. 00-22265 Filed 8-31-00; 8:45 am]
BILLING CODE 4000-01-C