[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Notices]
[Pages 21542-21558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10654]



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Part VII





Department of Education





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Elementary School Foreign Language Incentive Program; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2002

  Federal Register / Vol. 67, No. 83 / Tuesday, April 30, 2002 / 
Notices  

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.294A]


Elementary School Foreign Language Incentive Program; Notice 
Inviting Applications for New Awards for Fiscal Year (FY) 2002

    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 
you need to apply for an award under this program.
    Purpose of Program: This program provides incentive payments for 
each public elementary school that offers its students a program 
designed to lead to communicative competency in a foreign language.
    Eligible Applicants: Public elementary schools. The Secretary 
strongly recommends that local educational agencies (LEAs) apply on 
behalf of schools within their respective jurisdictions.
    Deadline for Transmittal of Applications: June 3, 2002.
    Deadline for Intergovernmental Review: August 1, 2002.
    Estimated Available Funds: $6,000,000.

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

    Project Period: 12 months.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 77, 79, 80, 81, 82, 
85, 86, 97, 98 and 99.

Description of Program

    To be eligible for an incentive payment under this program, a 
public elementary school must meet the requirements of section 5494, 
subpart 9 of part D of title V of the Elementary and Secondary 
Education Act of 1965, as amended by the No Child Left Behind Act of 
2001 (Pub. L. 107-110). The Act considers a program to be designed to 
lead to communicative competency in a foreign language if the program 
is comparable to one that provides not less than 45 minutes of 
instruction in a foreign language for not fewer than four days per week 
throughout the academic year.
    The amount of our incentive payment to a public elementary school 
is based on the number of students participating in the school's 
program designed to lead to communicative competency in a foreign 
language.
    The program must have a primary focus on foreign language 
instruction. The Secretary does not award incentive payments for 
programs that teach Native American languages.
    An application must include the following:
    (1) Information that establishes the eligibility of the foreign 
language program at each of the elementary schools included in the 
application. Specifically, you must describe and document the 2001-2002 
program methodology and time schedule.
    (2) The number of students participating in the program at each of 
the elementary schools included in the application. To provide for the 
fair distribution of funds available under this program, and for 
uniform counts across schools, the Secretary requests that a public 
elementary school indicate the number of students that were 
participating, as of the 2001-2002 academic year, in its program that 
leads to communicative competency in a foreign language.
    If you receive a grant, we request that each school provide a 
report on the impact of the incentive funding on the foreign language 
instruction program at the end of the school year for which you 
received funding.

Intergovernmental Review of Federal Programs

    This program is subject to 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 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/spoc.html.
    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 the actual application notice to the following 
address: The Secretary, E.O. 12372--CFDA# 84.294A, U.S. Department of 
Education, room 7E200, 400 Maryland Avenue, SW., Washington, DC 20202-
0125.
    We will determine proof of mailing on the same basis as 
applications (see 34 CFR 75.102). 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 this address is not the same address as the one to 
which an applicant submits its completed application. Do not send 
applications to the above address.

Application Instructions and Forms

    The Appendix to this notice contains forms and instructions, a 
statement regarding estimated public reporting burden, a notice to 
applicants regarding compliance with section 427 of the General 
Education Provisions Act, and various assurances and certifications. 
Please organize the parts and additional materials in the following 
order:
     Application for Federal Assistance (ED 424)(Exp. 11/30/
2004) and instructions and definitions.
     Protection of Human Subjects in Research (Attachment to ED 
424).
     Application Narrative.
     School and Student Data Report Form.
     Assurances--Non-Construction Programs (Standard Form 424B) 
(Rev. 7-97).
     Certifications regarding Lobbying; Debarment, Suspension, 
and Other Responsibility Matters; and Drug-Free Workplace Requirements 
(ED 80-0013, 12/98) and instructions.
     Certification Regarding Debarment, Suspension, 
Ineligibility and Voluntary Exclusion: Lower Tier Covered Transactions 
(ED 80-0014, 9/90) and instructions. (Note: ED 80-0014 is intended for 
the use of grantees and should not be transmitted to the Department.)
     Disclosure of Lobbying Activities (Standard Form LLL (Rev. 
7-97)) if applicable and instructions.
     Notice to All Applicants concerning the Department of 
Education's General Education Provisions Act (GEPA) including examples 
of required response.
     Program Non-Regulatory Guidance.
    You may submit information on a photocopy of the application forms, 
the

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assurances, and the certifications. However, you 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. We will not award a grant unless we 
have received a completed application form.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to either of the program contact persons listed 
under FOR FURTHER INFORMATION CONTACT.
    However, the Department is not able to reproduce in an alternative 
format the standard forms included in this application 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 (PDF) on the Internet at the following site: 
www.ed.gov/legislation/FedRegister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using 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 on GPO Access at: http://www.access.gpo.gov/nara/index.html.


FOR FURTHER INFORMATION CONTACT: You may contact either of the 
following: Rebecca Richey, U.S. Department of Education, 400 Maryland 
Avenue, SW, room 5617, Switzer Building, Washington, DC 20202-6510. 
Telephone: (202) 205-9717 or via Internet: [email protected].
    Ana Garcia, U.S. Department of Education, 400 Maryland Avenue, SW, 
room 5632, Switzer Building, Washington, DC 20202-6510. Telephone: 
(202) 205-8077 or via Internet: [email protected].
    Itzetht Testa-Salcedo, U.S. Department of Education, 400 Maryland 
Avenue, SW, room 5629, Switzer Building, Washington, DC 20202-6510. 
Telephone: (202) 205-8726 or via Internet: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.

Instructions for Transmitting Applications

    If you want to apply for a grant and be considered for funding, you 
must meet the following deadline requirements:

(a) If You Send Your Application by Mail

    You must mail the original and two copies on or before the deadline 
date. Mail your application to:

U.S. Department of Education, Application Control Center, Attention: 
(CFDA# (84.294A), 7th and D Streets, SW, Room 3671, Regional Office 
Building 3, Washington, DC 20202-4725.

    You 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.
    If you mail an application through the U.S. Postal Service, we do 
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: Due to recent disruption to normal mail delivery, the 
Department encourages you to consider using an alternative delivery 
method (for example, a commercial carrier, such as Federal Express 
or United Parcel Service; U. S. Postal Service Express Mail; or a 
courier service) to transmit your application for this competition. 
If you use an alternative delivery method, please obtain the 
appropriate proof of mailing under this section (a) ``If You Send 
Your Application by Mail,'' then follow the instructions in section 
(b) ``If You Deliver Your Application by Hand.''

(b) If You Deliver Your Application by Hand

    You or your courier must hand deliver the original and two copies 
by 4:30 p.m. (Washington, DC time) on or before the deadline date. 
Deliver your application to:

U.S. Department of Education, Application Control Center, Attention: 
(CFDA #294A), 7th and D Streets, SW., Room 3671, Regional Office 
Building 3, Washington, DC 20202-4725.

    The Application Control Center accepts application deliveries daily 
between 8 a.m. and 4:30 p.m. (Washington, DC time), except Saturdays, 
Sundays and Federal holidays. The Center accepts application deliveries 
through the D Street entrance only. A person delivering an application 
must show identification to enter the building.

Notes

    (1) The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.
    (2) If you send your application by mail or if you or your 
courier delivers it by hand, the Application Control Center will 
mail a Grant Application Receipt Acknowledgment to you. If you do 
not receive the notification of application receipt within 15 days 
from the date of mailing the application, you should call the U. S. 
Department of Education Application Control Center at (202) 708-
9493.
    (3) If your application is late, we will notify you that we will 
not consider the application.
    (4) You must indicate on the envelope and--if not provided by 
the Department--in Item 4 of the Application for Federal Education 
Assistance (ED 424 (exp. 11/30/2004)) the CFDA number--and suffix 
letter, if any--of the competition under which you are submitting 
your application.

    Program Authority: 20 U.S.C. 7259c.

    Dated: April 25, 2002.
Maria Hernandez Ferrier,
Director, Office of English Language Acquisition, Language Enhancement, 
and Academic Achievement for Limited English Proficient Students.

Appendix

Instructions for Estimated Public Reporting Burden

    According to the Paperwork Reduction Act of 1995, you are not 
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 1885-0531. Expiration date: 9/30/
2002. We estimate the time required to complete this information 
collection to average 40 hours per response, including the time to 
review instructions, search existing data resources, gather the data 
needed, and complete and review the collection of information. 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, DC 20202-4651.
    If you have comments or concerns regarding the status of your 
individual submission of this form, write directly to: Office of 
English Language Acquisition, U.S. Department of Education, 400 
Maryland Avenue, SW, Room 5607, Switzer Building, Washington, DC 
20202-6510.

Instructions for Application Narrative

    Before preparing the Application Narrative you should read 
carefully the description of the program.
    The narrative should provide sufficient information for the 
Secretary to determine that the foreign language program at each of

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the public elementary schools included in the application meets the 
requirements in section 5494 of the Elementary and Secondary 
Education Act (see the ``Description of Program'' in this notice).
    The Secretary strongly suggests that the applicant submit charts 
or other visuals to provide information on the foreign language 
program at each of the public elementary schools included in the 
application.

    Note: The section on Page Limit elsewhere in this application 
notice applies to your application.

Suggested Page Limit

    You should limit the narrative to the equivalent of no more than 
5 pages, using the following standards:
    (1) A ``page'' is 8.5"  x  11", on one side only, with 1" 
margins at the top, bottom, and both sides.
    (2) You should 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.
    (3) Use a font that is either 12-point or larger or no smaller 
than 10 pitch (characters per inch).
    The suggested page limit does not apply to the application for 
Federal Education Assistance Form (ED 424); the other application 
forms and attachments to those forms; the assurances and 
certification.

Checklist for Applicants

    Use the following checklist to verify that all necessary items 
are addressed in your application:

Application for Federal Assistance (ED 424)
Application narrative--suggested not to exceed 5 double-spaced pages 
(see description of program, application narrative instructions and 
non-regulatory guidance)
School and Student Data Report
Assurances--Non-Construction Programs (SF 424B)
Certifications Regarding Lobbying; Debarment, Suspension and Other 
Responsibility Matters; and Drug Free Workplace Requirements (ED 80-
0013)
Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014) 
Not transmitted to Department.
Disclosure of Lobbying Activities (SF-LLL)
General Education Provisions Act (GEPA) response
Copy of letter to Single State Point of Contact (SPOC) if applicable

Elementary School Foreign Language Incentive Program, Non-Regulatory 
Guidance (Questions and Answers)

    Q. What is the definition of an ``elementary school''?
    A. The term elementary school means a non-profit institutional 
day or residential school, including a public elementary charter 
school, that provides elementary education, as determined under 
State law. The definition of this term is in section 9101 of the 
Elementary and Secondary Education Act, as amended by the No Child 
Left Behind Act of 2001.
    Q. Are public and private elementary schools eligible for the 
Foreign Language Incentive Program?
    A. Eligible entities are public elementary schools. Private 
schools cannot apply. It is strongly recommended that local 
education agencies (school districts) apply on behalf of elementary 
schools within their jurisdiction. Each elementary school included 
in the application must have a program leading to communicative 
competency in a foreign language.
    Q. What is a program of foreign language instruction designed to 
lead to ``communicative competency''?
    A. A foreign language program leading to communicative 
competency is comparable to a program providing at least 45 minutes 
of instruction not fewer than 4 days per week (180 minutes) 
throughout an academic year.

    Example #1: Public Elementary School #1 has a fourth grade 
Japanese Foreign Language program with the same 20 students 
attending on Monday, Tuesday, Wednesday and Thursday for 50 minutes 
each day. These 20 students may be counted in the School and Student 
Data Report.
    Example #2: Public Elementary School #2 has a first and second 
grade Spanish/English Dual Immersion program with Spanish 
instruction in the morning and English in the afternoon 5 days per 
week. These 40 students may be counted in the School and Student 
Data Report.
    Example #3: Public Elementary School #3 has a Transitional 
Bilingual Education program in the first through fifth grades. Since 
the primary purpose of the program is to transition students to 
English, the transitional program is not considered a foreign 
language program. These students would not be counted in the School 
and Student Data Report.
    Q. What is considered an academic year?
    A. An academic year is the period of time denoting the beginning 
and ending dates for school academic purposes.
    Q. What is not a foreign language?
    A. The Secretary does not award incentive payments for programs 
that teach Native American languages, Native Hawaiian, other Pacific 
Island languages or Native Alaskan languages. In addition, the 
program is not intended to support the teaching of English.
    Q. May an applicant include an elementary school with a grant 
under the Foreign Language Assistance Program (FLAP) in the student 
data report for the Foreign Language Incentive Program (FLIP)?
    A. An elementary school, with a foreign language program 
comparable to teaching at least 45 minutes a day for not fewer than 
4 days per week, may have a FLAP grant and also include these 
students in the data report for the FLIP.
    Q. May a public elementary school with an afternoon or Saturday 
foreign language program be included in the student data report?
    A. The purpose of the Foreign Language Incentive Program is to 
award incentive payments to public elementary schools that provide 
students attending the school with a foreign language program 
designed to lead to communicative competency. Therefore, to be 
eligible for consideration, an afternoon and Saturday program must 
be: (1) Provided by the public elementary school, (2) attended by 
students from the school, (3) comparable to a program that provides 
at least 45 minutes of instruction per day for not fewer than 4 days 
per week, and (4) conducted throughout an academic year.
    Q. How does the applicant determine that the public elementary 
school is providing the eligible program?
    A. The following are recommended guidelines:
    Is the public school legally responsible for the program?
    Is the school paying the teacher's salary?
    Q. May a foreign language program planned for the 2002-2003 
academic year be included in the student data report?
    A. Data in the student data report must only include students in 
eligible programs during the 2001-2002 academic year.
    Q. How is the incentive payment distributed?
    A. The incentive payment is distributed one time.
    Q. What is the amount of the incentive payment for each eligible 
elementary school?
    A. The incentive amount is computed according to a formula based 
on the number of students in a school's eligible program compared to 
the total number of students nationwide in eligible programs that 
apply.
    Q. What information may be helpful to an applicant in preparing 
the narrative section of the Foreign Language Incentive Program 
application?
    A. An applicant must provide information that establishes the 
eligibility of the foreign language program at each of the 
elementary schools included in the application, and must 
specifically describe and document the 2001-2002 program methodology 
and time schedule. Applicants may wish to consider the following 
questions as a guide to preparing the 5-page application narrative:
     Which foreign language is taught in the program?
     Is the program of communicative competency well 
described including (1) the methodology and (2) the specific minutes 
of instruction per day, the days per week, and information regarding 
the length of the program during the academic year?
     Is it clear that the program was in effect during the 
2001-2002 school year?
     How did the school identify the program participants?
     Is the information conveyed clearly in a chart or 
graph?
    Q. Must an applicant include in the narrative section of the 
application how the school will use the foreign language incentive 
payment if the Department awards a payment?
    A. The narrative section does not need to provide information 
regarding the use of the incentive payment. However, it is 
anticipated that the foreign language incentive payment will support 
foreign language programs.
    Q. How does an applicant comply with Executive Order 12372, the 
Intergovernmental Review of Federal Programs, item #10 of the 
Application for Federal Education Assistance (ED 424)?

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    A. Applicants must first review the State Single Point of 
Contact (SPOC) list available at http://www.whitehouse.gov/omb/grants/spoc.html. If a State contact is included in the list, the 
applicant must contact the SPOC to inquire about the State's process 
under Executive Order 12372. If the State requests the application 
for review, a copy of the cover letter sent to the State contact 
must be submitted with the application package and Item #10 checked 
Yes with the date included. If the program is not covered by the 
Executive order, or the State has not selected the program for 
review, Item #10 must be checked No and the reason checked.
    Q. Who should sign as the Authorized Representative on the 
Application for Federal Assistance and other forms?
    A. It is recommended that the Superintendent of Schools sign as 
the Authorized Representative.
    Q. How does an applicant access the statutory provision 
authorizing FLIP (section 5494 of the Elementary and Secondary 
Education Act)?
    A. Applicants may access section 5494 via Internet: http://www.ed.gov/offices/OELA/flipstatute.html
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[FR Doc. 02-10654 Filed 4-29-02; 8:45 am]
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