[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30883-30905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11308]


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DEPARTMENT OF EDUCATION

[CFDA No.: 84.365C]


Office of English Language Acquisition; Native American and 
Alaska Native Children in School 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 needed to apply for a grant under this program.

    Purpose of Program: The purpose of the program is to provide grants 
that support language instruction educational programs for limited 
English proficient children from Native American, Alaska Native, Native 
Hawaiian and Native American Pacific Islander backgrounds. Projects 
that are designed for children who are learning and studying Native 
American languages shall have, as a project outcome, increases in 
English proficiency and a second language.
    Eligible Applicants: The following entities, which operate 
elementary, secondary, and postsecondary schools primarily for Native 
American children (including Alaska Native children), are eligible 
applicants under this program: Indian tribes; tribally sanctioned 
educational authorities; Native Hawaiian or Native American Pacific 
Islander native language educational organizations; elementary schools 
or secondary schools that are operated or funded by the Bureau of 
Indian Affairs (BIA), or a consortium of such schools; elementary 
schools or secondary schools operated under a contract with or grant 
from the BIA in consortium with another such school or a tribal or 
community organization; and elementary schools or secondary schools 
operated by the BIA and an institution of higher education, in 
consortium with elementary schools or secondary schools operated under 
a contract with or a grant from the BIA or a tribal or community 
organization.

    Note: Any eligible entity that receives Federal financial 
assistance under this program is not eligible to receive a subgrant 
under section 3114 of Title III of the Elementary and Secondary 
Education Act of 1965 (ESEA), as amended by the No Child Left Behind 
Act of 2001 (Pub. L. 107-110).
    (Eligible applicants seeking to apply for funds as a consortium 
should read and follow the regulations in 34 CFR 75.127-75.129, 
which apply to group applications.)

    Deadline for Transmittal of Applications: June 7, 2002.
    Deadline for Intergovernmental Review: August 6, 2002.
    Estimated Available Funds: $5.0 million.
    Estimated Range of Awards: $100,000-$225,000.
    Estimated Average Size of Awards: $192,307.
    Estimated Number of Awards: 26.

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

    Project Period: 48 months.

Mandatory Page Limit for the Application Narrative

    The narrative is the section of the application where you address 
the selection criteria used by reviewers in evaluating your 
application. You must limit the narrative to the equivalent of no more 
than 35 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) 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 the Application for Federal 
Education Assistance Form (ED 424); the Budget Information Form (ED 
524) and attached itemization of costs; the other application forms and 
attachments to those forms; the assurances and certifications; the text 
of the selection criteria; or the one-page abstract and table of 
contents described below. The page limit applies only to item 14 in the 
Checklist for Applicants provided below.
    We will reject your application if--you apply these standards and 
exceed the page limit; or you apply other standards and exceed the 
equivalent of the page limit.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79 (Part 
79, does not apply to assistance to Federally recognized Indian 
tribes), 80, 81, 82, 85, 86, 97, 98,and 99.
    Description of Program: The statutory authority for this program, 
and the application requirements that apply to this competition, are 
set out in Subpart 1 of Part A of Title III of the Elementary and 
Secondary Education Act as amended by the No Child Left Behind Act of 
2001 (Pub. L. 107-110).
    Grants awarded under this program are to be used to develop high 
levels of academic attainment in English among limited English 
proficient children, and to promote parental and community 
participation in language instruction educational programs. Grants are 
intended for language instruction educational projects that are 
carefully-designed, well-implemented and rigorously evaluated.
    Projects may include teacher training, curriculum development, 
evaluation and assessment to support the core program of student 
instruction and parental/community participation. Student instruction 
may comprise preschool, elementary, secondary, and postsecondary 
levels, or combinations of these.
    Selection Criteria: We use the following selection criteria in 34 
CFR 75.210 and sections 3115 and 3128 of the Act to evaluate 
applications for new grants under this competition.
    The maximum score for all of these criteria is 100 points.
    The maximum score for each criterion is indicated in parentheses.
    (a) Project activities. (18 points). The Secretary reviews each 
application to determine how well the applicant proposes to carry out 
activities that will:
    (i) Increase the English proficiency of limited English proficient 
children by providing high-quality language instruction educational 
programs that are based on scientifically based research demonstrating 
the effectiveness of the programs in increasing English

[[Page 30884]]

proficiency and student academic achievement in the core academic 
subjects; and
    (ii) Provide high-quality professional development to classroom 
teachers (including teachers in classroom settings that are not the 
settings of language instruction educational programs), principals, 
administrators, and other school or community-based organizational 
personnel, that is--
    (A) Designed to improve the instruction and assessment of limited 
English proficient children;
    (B) Designed to enhance the ability of such teachers to understand 
and use curricula, assessment measures, and instruction strategies for 
limited English proficient children;
    (C) Based on scientifically based research demonstrating the 
effectiveness of the professional development in increasing children's 
English proficiency or substantially increasing the subject matter 
knowledge, teaching knowledge, and teaching skills of such teachers; 
and
    (D) Of sufficient intensity and duration to have a positive and 
lasting impact on the teachers' performance in the classroom (excluding 
activities such as one-day or short-term workshops and conferences 
unless the activity is a component of an established comprehensive 
professional development program for an individual teacher)
    (iii) At the applicant's option, provide instruction, teacher 
training, curriculum development, evaluation, and assessment designed 
for Native American children learning and studying Native American 
languages.
    (b) Need for project. (6 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (c) Quality of the project design. (22 points) (1) The Secretary 
considers the quality of the design of the proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (ii) 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.
    (iii) The extent to which the design of the proposed project 
includes a thorough, high-quality review of the relevant literature, a 
high-quality plan for project implementation, and the use of 
appropriate methodological tools to ensure successful achievement of 
project objectives.
    (iv) 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.
    (v) 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.
    (vi) The extent to which the proposed project encourages parental 
involvement.
    (d) Quality of project personnel. (8 points) (1) The Secretary 
considers the quality of the personnel who will carry out the proposed 
project.
    (2) 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.
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of key project personnel.
    (ii) The qualifications, including relevant training and 
experience, of project consultants or subcontractors.
    (e) Adequacy of resources. (6 points) (1) The Secretary considers 
the adequacy of resources for the proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.
    (f) Quality of the management plan. (20 points) (1) The Secretary 
considers the quality of the management plan for the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the following factors:
    (i) 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.
    (ii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project.
    (iii) 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.
    (g) Quality of the project evaluation. (20 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers of the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (ii) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies.
    (iii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (iv) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.

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. Note that in Part 79, Intergovernmental 
Review, does not apply to assistance to Federally recognized Indian 
tribes.
    One of the objectives of the Executive order is to foster an inter-
governmental 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

[[Page 30885]]

Executive order. If you want to know the name and address of any SPOC, 
see the official latest 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 
or review, State, area-wide, regional and local entities may submit 
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a 
SPOC and any comments from State, area-wide, regional, and local 
entities must be mailed or hand-delivered by the date indicated in this 
application notice to the following address: The Secretary, E.O. 
12372--CFDA#84.365C, U.S. Department of Education, room 7E200, 400 
Maryland Avenue, SW., Washington, DC 20202-0125.
    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 THE 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, various assurances and certifications. Please 
organize the parts and additional materials in the following order:
    a. Instructions for Application Narrative.
    b. Additional Guidance.
    c. Estimated Public Reporting Burden.
    d. Notice to All Applicants GEPA-427 Requirements (OMB No. 1801-
0004).
    e. Checklist for Applicants.
    f. Application for Federal Education Assistance (ED 424) and 
instructions.
    g. Budget Information--Non-Construction Programs (ED 524) and 
instructions.
    h. Group Application Certification.
    i. Student Data.
    j. Project Documentation.
    k. Assurances--Non-Construction Programs (SF 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.

    Note: ED 80-0014 is intended for the use of grantees and should 
not be transmitted to the Department.

    n. Disclosure of Lobbying Activities (SF LLL) (if applicable) and 
instructions.
    You may submit information on a photocopy 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. We will not award grants unless we have received 
a completed application form.
    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.
    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 document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the program contact person 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: 
http://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 toll free at 1-800-293-6498; 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 the GPO Access at: http://www.access.gpo.gov/nara/index.html.


FOR FURTHER INFORMATION CONTACT: Samuel Lopez, Office of English 
Language Acquisition, U.S. Department of Education, 400 Maryland 
Avenue, SW. Room MES 5605, Washington, DC 20202-6400. Telephone: 202-
401-1427, or via Internet: [email protected].
    If you use telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.)

Instructions for Transmittal of 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 of the application on or 
before the deadline date. Mail your application to: U.S. Department of 
Education, Application Control Center, Attention: CFDA # 84.365C, 7th & 
D Street, 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 disruptions 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 
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 # 84.365C, Room 3671, Regional Office Building 
3, 7th and D Streets, SW., Washington, DC. 20202-4725.

[[Page 30886]]

    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 deliver it by hand 
or by a courier service, 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 Form 424; (exp. 11-30-2004)) the CFDA number--and 
suffix letter #84.365 C of the, if any--of the competition under 
which you are submitting your application.


    Program Authority: 20USC 6821(c), 6822.

    Dated: May 2, 2002.
Maria Hernandez Ferrier,
Director, Office of English Language Acquisition, Language Enhancement, 
and Academic Achievement for Limited English Proficient Students.

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. 1885-0551 (Expiration Date: 09/30/
2002). 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, 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, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room (5605), Switzer Building, 
Washington, DC 20202-6510.

Instructions for Application Narrative

    Before preparing the Application Narrative you should read 
carefully the description of the program and the selection criteria we 
use to evaluate applications.
    The narrative should--
    1. Begin with an abstract; that is, a summary of your proposed 
project;
    2. Describe your proposed project in light of each of the selection 
criteria in the order in which we list the criteria in this notice;
    3. List each function or activity for which you are requesting 
funds; and
    4. Include any other pertinent information that might assist us in 
reviewing your application.

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

Additional Guidance

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

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

    Budget line items must support the goals and objectives of the 
proposed project and must be directly related to the instructional 
design and all other project components.

Final Application Preparation

    Use the Checklist for Applicants to verify that your application is 
complete. Submit three copies of the application, including an original 
copy containing an original signature for each form requiring the 
signature of the authorized representative. Do not use elaborate 
bindings or covers. The application package must be mailed or hand-
delivered to the Application Control Center (ACC) and postmarked by the 
deadline date.

Checklist for Applicants

    The following forms and other items must be included in the 
application in the order listed below:
    1. Application for Federal Education Assistance Form (ED 424).
    2. Group Application Certification Form (if applicable).
    3. Budget Information Form (ED 524).
    4. Itemization of costs for each budget year.
    5. Student Data Form.
    6. Assurances--Non-Construction Programs Form (SF 424B).
    7. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements Form 
(ED 80-0013).
    8. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 80-0014) 
(if applicable).
    9. Disclosure of Lobbying Activities Form (SF LLL).
    10. Information that addresses section 427 of the General Education 
Provisions Act. (See the form below entitled Notice to All Applicants.)
    11. One-page abstract.
    12. Table of Contents.
    13. Application narrative, not to exceed 35 pages.
    14. One original and two copies of the application for transmittal 
to the Education Department's Application Control Center.

Non-Regulatory Guidance

Purpose of the Program

    Q: What is the purpose of the English Language Acquisition, 
Language Enhancement, and Academic Achievement Act for Limited English 
Proficient Students of Title III of the Elementary and Secondary 
Education Act as amended by the No Child Left Behind Act of 2001?
    A: The purpose of Title III is to ensure that limited English 
proficient (LEP) students develop English proficiency and meet the same 
academic content and academic achievement standards that other children 
are expected to meet. Schools use these funds to implement language 
instruction programs designed to achieve the purpose of the grants. The 
Office of English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English

[[Page 30887]]

Proficient Students (OELA) will hold grantees accountable for 
increasing the English proficiency and core academic content knowledge 
of LEP students.
    Q: May projects funded under this program support the teaching and 
studying of Native American Languages?
    A: Projects funded under this program may support the teaching and 
studying of Native American Languages, but must have, as project 
outcomes, increases in proficiency in English and a second language.
    Q: What instructional programs are grantees required to provide?
    A: Grantees under this program are required to provide high quality 
language instruction educational programs that are based on 
scientifically based research demonstrating effectiveness in increasing 
English proficiency and student academic achievement in the core 
academic subjects. A grantee must select one or more methods of 
instruction to be used in the programs and activities and provide 
evidence that the programs chosen are based on scientific research in 
teaching LEP students.
    Q: Does a grantee have flexibility in selecting the method of 
instruction to be used to assist LEP students to attain English 
proficiency and academic achievement?
    A: A grantee may select one or more methods of instruction to be 
used in assisting LEP students to attain English proficiency and 
student academic achievement. However, the language instruction 
curriculum used must be tied to scientifically based research on 
teaching LEP students and must have demonstrated effectiveness.

Role of Parents

    Q: How is the role of parents of LEP students addressed in the 
Title III legislation?
    A: Each grantee using funds provided under this title to provide a 
language instruction educational program must implement an effective 
means of outreach to parents of limited English proficient children to 
inform such parents of how they can be involved in the education of 
their children, and be active participants in assisting their children 
to learn English, to achieve at high levels in core academic subjects, 
and to meet the same challenging State academic content and student 
academic achievement standards as all children are expected to meet.
    Q: What is the length of time that a grantee has to inform parents 
that their child has been identified for participation in a language 
instruction educational program for limited English proficient (LEP) 
students?
    A: Grantees shall inform parent(s) that their child has been 
identified for participation in a language instruction educational 
program for LEPs not later than 30 days after the beginning of the 
school year. For a child who enters school after the beginning of the 
school year, grantees shall inform parent(s) within 2 weeks of the 
child's placement in such a program.
    Q: What kind of information must a grantee provide parents 
regarding their child's participation in a language instruction 
educational program for LEPs?
    A: Grantees shall provide parents (1) the reasons for identifying 
their child as being limited English proficient and the need to place 
him/her in a language instruction educational program for LEPs; (2) the 
child's level of English proficiency, including how the level was 
assessed and the status of the child's academic achievement; (3) the 
method of instruction that will be used in the program, including a 
description of other alternative programs; (4) how the program will 
meet the educational strengths and needs of the child; (5) how the 
program will help the child learn English and meet academic achievement 
standards; (6) the program exit requirements, including the expected 
rate of transition and the expected rate of graduation from secondary 
school; (7) how a program will meet the objectives of an individualized 
education program for a child with a disability; and (8) information 
pertaining to parental rights as prescribed by law.
    Q: Does the parent have the right to refuse placement of their 
child in a language instruction educational program?
    A: The grantee must provide parents with the required information 
under Section 3302 of ESEA Title III (parental notification). Parents 
have a right to have their child removed from such a program. The 
parents, also have the right to choose another program or method of 
instruction, if available.

Roles and Responsibilities of Grantees

    Q: What professional development activities are grantees encouraged 
to provide for teachers, administrators and others involved in language 
instruction educational programs?
    A: Grantees are encouraged to provide high-quality professional 
development to classroom teachers (including teachers in classroom 
settings that are not the setting of language instruction educational 
programs), principals, administrators, and other school or community-
based organizational personnel that is:
     Designed to improve the instruction and assessment of LEP 
students;
     Designed to enhance the ability of such teachers to 
understand and use curricula, assessment measures, and instruction 
strategies for LEP children;
     Based on scientifically based research demonstrating the 
effectiveness of the professional development in increasing children's 
English proficiency, or substantially increasing the subject matter 
knowledge, teaching knowledge, and teaching skills of teachers; and
     Of sufficient intensity and duration to have a positive 
and lasting impact on the teachers' performance in the classroom 
(excluding activities such as one-day or short-term workshops and 
conferences unless the activity is a component of an established 
comprehensive professional development program for an individual 
teacher).

Local Reporting Requirements

    Q: What are the reporting requirements for grantees that receive a 
Title III, Native American and Alaskan Native Children in School grant?
    A: Grantees that receive this Title III direct grant must provide 
to the Secretary an annual performance report for continuation award 
purposes, and a final performance report (see 34 CFR 80.40(a)(1)-(4), 
(d), and (e) and 34 CFR 80.41). These reports must contain information 
regarding each objective. If possible quantified results should be 
reported depending on the content of the objective. An explanation is 
needed when an objective target for that performance year is not met. 
Disclosure must include a statement of the action to be taken or 
contemplated and any assistance needed to resolve the situation. 
Budgetary information in the form of a line item budget and budget 
narrative must also accompany the report [34 CFR 80.40(b)(2)(iii)].

Definitions

    Q: How do you define ``language instruction educational program?''
    A: ``Language instruction educational program'' means an 
instruction course in which LEP students are placed for the purpose of 
developing and attaining English proficiency, while meeting challenging 
State academic content and student academic achievement standards. A 
language instruction educational program may make use of both English 
and a child's native language to enable the child to develop and attain 
English proficiency. Programs may include the participation of English

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proficient children in addition to LEP students if such a program 
enables participating students to become proficient in English and a 
second language.
    Q: What is the definition of ``Native American'' and ``Native 
American Language?''
    A: The terms ``Native American'' and ``Native American Language'' 
are defined, under Section 3301(9) of ESEA to have the same meaning as 
those terms have under Section 103 of the Native American Languages 
Act. Under that Act, these terms are defined as follows. ``Native 
American'' means an Indian, Native Hawaiian, or Native American Pacific 
Islander. ``Native American ``language'' means the historical, 
traditional language spoken by Native Americans.
    Q: What does the term ``Indian tribe'' mean?
    A: ``Indian tribe'' means any Indian tribe, band, nation, or other 
organized group or community, including any Native village or Regional 
Corporation or Village Corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement Act, that is recognized 
as eligible for the special programs and services provided by the 
United States to Indians because of their status as Indians. (ESEA 
Section 3301(7)).
    Q: What is a ``Native Hawaiian or Native American Pacific Islander 
Educational Organization''?
    A: ``Native Hawaiian or Native American Pacific Islander native 
language educational organization'' means a nonprofit organization 
with--
    (A) a majority of its governing board and employees consisting of 
fluent speakers of the traditional Native American languages used in 
the organization's educational programs; and
    (B) not less than 5 years successful experience in providing 
educational services in traditional Native American languages. (ESEA 
Section 3301(10))
    Q: What is a tribally sanctioned education authority?
    A: The term ``tribally sanctioned educational authority'' means--
    (A) Any department or division of education operating within the 
administrative structure of the duly constituted governing body of an 
Indian tribe; and
    (B) Any nonprofit institution or organization that is--(i) 
chartered by the governing body of an Indian tribe to operate a school 
described in section 3112(a) or otherwise to oversee the delivery of 
educational services to members of the tribe; and approved by the 
Secretary for the purpose of carrying out programs under subpart 1 of 
part A for individuals served by a school described in section 3112(a). 
(ESEA Section 3301(15))
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[FR Doc. 02-11308 Filed 5-7-02; 8:45 am]
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