[Federal Register Volume 67, Number 129 (Friday, July 5, 2002)]
[Notices]
[Pages 44815-44817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16889]


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DEPARTMENT OF EDUCATION

[CFDA No. 84.361]


Office of Elementary and Secondary Education; Voluntary Public 
School Choice Program; Notice Inviting Applications for New Awards for 
Fiscal Year (FY) 2002

    Purpose of Program: This program provides grants to eligible 
applicants to assist them in establishing or expanding a program of 
voluntary public school choice in order to provide parents, 
particularly parents whose children attend low-performing schools, with 
greater choice in their children's education.
    Eligible Applicants: (a) One or more State educational agencies 
(SEAs); (b) one or more local educational agencies (LEAs); (c) one or 
more SEAs in partnership with one or more LEAs or other public, for-
profit, or non-profit entities; or (d) one or more LEAs in partnership 
with one or more public, for-profit, or non-profit entities.
    Applications Available: July 5, 2002.
    Deadline for Transmittal of Applications: August 19, 2002
    Deadline for Intergovernmental Review: September 18, 2002.
    Estimated Available Funds: $25,000,000.
    Estimated Range of Awards: $2,500,000-$5,000,000 per year.
    Estimated Average Size of Awards: $3,750,000 per year.
    Estimated Number of Awards: 5-10.

    Note: These estimates are for the guidance of potential 
applicants. The Department is not bound by any estimates in this 
notice.

    Project Period: Up to five years.

    Note: Not more than 12 months may be used to plan and design a 
program.

    E-Mail Notification of Intent to Apply for Funding: The Department 
will be able to develop a more efficient process for reviewing grant 
applications if it has a better understanding of the number of entities 
that intend to apply for funding under this competition. Therefore, the 
Secretary strongly encourages each potential applicant for this program 
to notify the Department by e-mail that it intends to submit an 
application for funding. The Secretary requests that this e-mail 
notification be sent no later than August 5, 2002. The e-mail 
notification should be sent to Ms. Iris Lane at [email protected]. 
Applicants that fail to provide this e-mail notification still may 
apply for funding.
    Page Limits: The Program Narrative (Part IV of the application) is 
where you, the applicant, address the selection criteria that reviewers 
use to evaluate your application. You must limit Part IV to the 
equivalent of no more than 50 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and on 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 table of contents; Part III, the project abstract and application 
requirements; Part V, the budget section, including the narrative 
budget justification; part VI, the assurances and certifications; or 
Part VII, the proof of eligibility. However, you must include all of 
the program narrative in Part IV.
    Our reviewers will not read any pages of your application that--
     Exceed the page limit if you apply these standards; or
     Exceed the equivalent of the page limit if you apply other 
standards.
    Applicable Regulations and Statute: (a) The Education Department 
General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 
79, 80, 82, 85, 86, 86, 97, 98, and 99. (b) Title V, Part B, Subpart 3 
of the Elementary and Secondary Education Act of 1965 (ESEA), as 
amended by the No Child Left Behind Act of 2001, 20 U.S.C. 7225-7225g.
    Waiver of Proposed Rulemaking: In accordance with the 
Administrative Procedure Act (5 U.S.C. 553), it is the practice of the 
Secretary to offer interested parties the opportunity to comment on 
proposed rules. Ordinarily, this practice might have applied to one or 
more of the priorities and requirements in this notice. Section 
437(d)(1) of the General Education Provisions Act (GEPA), however, 
exempts rules that apply to the first competition under a new or 
substantially revised program from this requirement. Because this 
competition is the first Voluntary Public School Choice program 
competition under the newly reauthorized ESEA, it qualifies as a new 
competitive grant program and is exempt from notice and comment 
rulemaking. The Secretary, in accordance with section 437(d)(1) of 
GEPA, to ensure timely awards, has decided to forego public comment. 
This notice applies to the FY 2002 competition only.

[[Page 44816]]

    Application Requirements: An application submitted to the Secretary 
must include the following:
    (1) A description of the program for which the eligible entity 
seeks funds and the goals for the program;
    (2) A description of how and when parents of students in the area 
to be served by the program will be notified of the existence of the 
program and of the program's availability, and provided a clear 
explanation of how the program will operate, as required under section 
5245(a)(2) of the ESEA;
    (3) A description of how students will be selected for the program;
    (4) A description of how the program will be coordinated with, and 
will complement and enhance, other related Federal and non-Federal 
programs administered by the applicant or applicants;
    (5) If the program is to be carried out by a partnership, the name 
of each partner and a description of the partner's responsibilities; 
and
    (6) A description of the information collection that the applicant 
plans to conduct in order to meet the requirements of 34 CFR 75.590 and 
to participate in any evaluation of the program that the Secretary 
conducts under section 5246(b) of the ESEA. Section 75.590 requires the 
recipient of an award to evaluate at least annually its progress in 
meeting the purposes of the program, and the effect of the program on 
the participants in the project. Section 5246(b) of the ESEA authorizes 
the Secretary to conduct evaluations that examine, among other things, 
how, and the extent to which, projects promote educational equity and 
excellence; the characteristics of students participating in projects; 
and the effect of projects on academic achievement of students 
participating in the projects, including students who move from school 
improvement under section 1116 of the ESEA to schools not so 
identified.

    Note: The application requirements described above must be 
addressed in the Project Abstract and Application Requirements 
section (Part III) of your application.

    Priority Points: Under 34 CFR 75.105(c)(2) of the Education 
Department General Administrative Regulations, the Secretary will award 
a maximum of up to 5 priority points for each criterion the applicant 
meets, and a maximum of up to 15 priority points for applications that 
meet all of the following criteria:
    (a) Wide Variety of Choices (up to 5 points). The project would 
provide a wide variety of choices to all students in participating 
schools. In determining whether a proposed project would provide a wide 
variety of choices, the Department will consider, among other things, 
the characteristics of the school district. For example, a wide variety 
of choices in a small rural district may differ from a wide variety of 
choices in a large urban school district.
    (b) Substantial Impact on Students in Low-Performing Schools (up to 
5 points). The project would, through various choice options, have a 
substantial impact in allowing students in low-performing schools to 
attend higher-performing schools. In determining whether a proposed 
project would have a substantial impact in allowing students in low-
performing schools to attend higher-performing schools, the Department 
will consider, among other things, the percentage of students in low-
performing schools who would be able to attend higher-performing 
schools under the jurisdiction of the applicant(s).

    Note: The term ``low-performing school'' means a public 
elementary or secondary school that has failed to make adequate 
yearly progress, as described in section 1111(b) of the ESEA, for 
two or more consecutive years.

    (c) Partnership/Interdistrict Approach (up to 5 points). The 
project would establish a partnership that implements an interdistrict 
approach to carrying out a public school choice program.
    These priorities are specified in the authorizing statute for the 
program (see section 5244 of the ESEA). The priority points are in 
addition to any points the applicant earns under the selection criteria 
listed below. The Secretary may select an application that meets a 
priority over an application of comparable merit that does not meet the 
priority. The maximum number of points an application may earn based on 
the priority points and the selection criteria is 115 points.
    Selection Criteria: The Secretary will use the selection criteria 
in 34 CFR 75.210 and selection criteria based on statutory provisions 
to evaluate applications for new grants under this competition. The 
maximum possible score for all of the selection criteria is 100 points. 
The maximum score for each criterion is indicated in parenthesis with 
the criterion. The criteria are as follows:
    (a) Need for the Project (up to 100 points). The Secretary 
considers the need for the proposed project. In determining the need 
for the proposed project, the Secretary considers the magnitude of the 
need for the services to be provided or the activities to be carried 
out by the proposed project.
    (b) Significance (up to 15 points). The Secretary considers the 
significance of the proposed project. In determining the significance 
of the proposed project, the Secretary considers the following factors:
    (1) The likelihood that the proposed project will result in system 
change or improvement.
    (2) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services (i.e., choice 
options) that address the needs of the target population.
    (3) The potential replicability of the proposed project or 
strategies, including, as appropriate, the potential for implementation 
in a variety of settings.
    (c) Quality of Project Design). (up to 40 points). The Secretary 
considers the quality of the design of the proposed project. In 
determining the quality of the design of the proposed project, the 
Secretary considers the following factors:
    (1) The extent to which the proposed project encourages parental 
involvement and ensures that parents have high-quality information 
about their choices.
    (2) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (3) The extend to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about

Permissible Uses of Funds

    An eligible entity that receives a grant under this subpart may use 
the grant funds for--
    (a) Planning or designing a program (for not more than 1 year);
    (b) The cost of making tuition transfer payments to public 
elementary schools or secondary schools to which students transfer 
under the program.
    (c) The cost of capacity-enhancing activities that enable high-
demand public elementary schools or secondary schools to accommodate 
transfer requests under the program;
    (d) The cost of carrying out public education campaigns to inform 
students and parents about the program; and
    (e) Other costs that are reasonably necessary to implement the 
program.

Nonpermissible Use of Funds

    An eligible entity that receives a grant under this program may not 
use the grant funds for school construction.

[[Page 44817]]

Parent and Community Involvement and Notice

    In carrying out a project under this program, an eligible entity 
must--
    (1) Develop the project with (a) the involvement of parents and 
others in the community to be served; and (b) individuals who will 
carry out the program, including administrators, teachers, principals, 
and other staff; and
    (2) Provide to parents of students in the area to be served by the 
program with prompt notice of (a) the existence of the program; (b) the 
program's availability; and (c) a clear explanation of how the program 
will operate.

Selection of Students by Lottery

    An eligible entity that receives a grant under this program must 
select students to participate in its public school choice program on 
the basis of a lottery, if more students apply for admission to the 
program than can be accommodated.

    Note: For purposes of this program, a lottery is defined as a 
random selection process through which applicants for admission to a 
participating public school are admitted to the school.

Voluntary Participation

    Student participation in a project funded under this program must 
be voluntary.
    For Applications or Information Contact: Iris A. Lane, U.S. 
Department of Education, 400 Maryland Avenue, SW., Room 3C156, 
Washington, DC 20202-6140. Telephone: (202) 260-1999. Inquiries may 
also be sent by e-mail to: [email protected]
    Or by FAX to: (202) 205-5630. The Department intends to offer 
prospective applicants further information about the program and 
assistance in preparing applications at the following Internet site: 
http://www.ed.gov/GrantApps/#84.361
    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) upon request to the contact person listed in the preceding 
paragraph. Individuals with disabilities may obtain a copy of the 
application package in an alternative format, also, by contacting that 
person. However, the Department is not able to reproduce in an 
alternative format the standard forms included in the application 
package.

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 a 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


    Program Authority: 20 U.S.C. 7225-7225g.

    Dated: July 1, 2002.
Susan B. Neuman,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 02-16889 Filed 7-3-02; 8:45 am]
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