[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Notices]
[Pages 24978-25004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11622]


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DEPARTMENT OF EDUCATION

[CFDA No.: 84.293B]


Foreign Language Assistance Grants (Local Educational Agencies); 
Notice Inviting Applications for New Awards for Fiscal Year (FY) 2003

    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: The Foreign Language Assistance Program (FLAP) 
provides grants to local educational agencies for innovative model 
programs providing for the establishment, improvement, or expansion of 
foreign language study for elementary and secondary school students.
    For FY 2003 the competition for new awards focuses on projects 
designed to meet the priorities we describe in the Priorities section 
of this notice.
    Eligible Applicants: Local educational agencies (LEAs).
    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 LEAs 
that intend to apply for funding under this competition. Therefore, we 
strongly encourage each potential applicant to notify the Department 
with a short e-mail noting the intent to submit an application for 
funding. The e-mail should not include information regarding the 
content of the proposed application. Please provide the following 
information:
    (1) FLAP-LEA program 84:293B, (2) intent to apply, (3) planned 
number of applications, (4) school district, (5) city and (6) state. We 
request that this e-mail notification be sent no later than May 30, 
2003. The e-mail should be sent to Ms. Amy Weinmann at 
[email protected]. Applicants that do not provide this e-mail 
notification may still apply for funding.
    Deadline for Transmittal of Applications: June 13, 2003.
    Deadline for Intergovernmental Review: August 13, 2003.
    Estimated Available Funds: $10,000,000.
    Estimated Range of Awards: $50,000-$175,000.
    Estimated Average Size of Awards: $112,500.
    Estimated Number of Awards: 89.

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

    Project Period: 36 months.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. You must limit Part III to 
the equivalent of no more than 35 pages, using the following standards:
    [sbull] A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    [sbull] 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.
    [sbull] 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 itemized budget breakdown and the 
narrative budget justification; Part IV, the assurances and 
certifications; or the one-page abstract. However, you must include all 
of the application narrative in Part III.
    We will reject your application if--
    [sbull] You apply these standards and exceed the page limit; or
    [sbull] 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 75, 77, 79, 80, 81, 
82, 85, 86, 97, 98 and 99.
    Description of Program: If you are an LEA that receives a grant 
under this

[[Page 24979]]

program, you must use the funds to provide a program that--
    (A) Shows the promise of being continued beyond the project period; 
and
    (B) Demonstrates approaches that can be disseminated and duplicated 
in other LEAs.
    You may also use funds under this program to--
    (C) Include a professional development component.
    In order to build foreign language program capacity at the local 
level, cost sharing is required. You should note that the Federal share 
of the cost of activities assisted under this program for each fiscal 
year is 50 percent. The Secretary may waive this requirement for any 
LEA which the Secretary determines does not have adequate resources to 
pay the non-Federal share.
    The Secretary does not fund projects that propose 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.

Competitive Priorities

    Under 34 CFR 75.105(c)(2)(i) we award an additional 5 points to an 
application, depending on whether the application meets one or both of 
the following priorities.

    Note: A total of 5 points will be awarded. There is no advantage 
in addressing both priorities, but you should not be dissuaded from 
addressing both priorities in your application if they provide a 
program that will meet the needs of your students and community. 
These points are in addition to any points the applicant earns under 
the selection criteria.

    (1) Applications proposing to establish, improve, or expand foreign 
language learning in any or all of the following grades, Kindergarten 
through eighth grade, that teach any or all of the following less 
commonly taught languages of major economic and political importance to 
the United States: Russian, Chinese and Arabic.
    (2) Applications proposing to establish a foreign language program 
in underserved schools. For the purpose of this priority an underserved 
school is defined as a school that does not currently have a foreign 
language program implemented during the school day, including two-way 
immersion and heritage language programs, and has not had one in the 
previous two school years 2001-2002 and 2002-2003.

Competitive Preferences

    Under 34 CFR 75.105(c)(2)(ii) we give preference to applications 
that meet one of the following priorities over an application of 
comparable merit that does not meet one of the priorities.

    Note: There is no advantage in addressing all five priorities. 
Creating a program around the five priorities may result in a 
scattered or unfocused program design.

    We give preference to applications describing programs that:
    (1) Include intensive summer foreign language programs for 
professional development;
    (2) Link non-native English speakers in the community with the 
schools in order to promote two-way language learning;
    (3) Promote the sequential study of a foreign language for 
students, beginning in elementary schools;
    (4) Make effective use of technology, such as computer-assisted 
instruction, language laboratories, or distance learning, to promote 
foreign language study; or
    (5) Promote innovative activities, such as foreign language 
immersion, partial foreign language immersion, or content-based 
instruction.

Waiver of Proposed Rulemaking

    Under the Administrative Procedure Act (5 U.S.C. 553) the 
Department generally offers interested parties the opportunity to 
comment on proposed priorities and selection criteria. Section 
437(d)(1) of the General Education Provisions Act, however, exempts 
from this requirement rules that apply to the first competition under a 
new or substantially revised program authority. This is the first 
competition under the Foreign Language Assistance Program as 
substantially revised by the No Child Left Behind Act of 2001. The 
requirements will apply to the FY 2003 grant competition only.

Reporting Requirements and Expected Outcomes

    The Secretary requires successful applicants to submit annual 
performance reports that document the grantee's yearly progress toward 
meeting expected programmatic outcomes. These outcomes should be based 
on measurable performance objectives. The Secretary will use these 
reports to measure the success of the grantee's project, and the 
reports will contribute to a broader knowledge base about high-quality, 
effective foreign language programs. In addition, grantees will be 
required to submit a final performance report, due no later than 90 
days after the end of the project period.

Selection Criteria

    We use the following selection criteria 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) Significance. (10 points)
    We evaluate an application by determining how well the project 
proposed by the applicant meets the following statutory provisions:
    (1) The extent to which the project shows the promise of being 
continued beyond the grant period.
    (2) The extent to which the project demonstrates approaches that 
can be disseminated and duplicated in other local educational agencies.
    (3) The extent to which the project will result in an effective 
effort to establish, improve or expand foreign language teaching and 
learning.
    (b) Quality of the product design. (40 points)
    In determining the quality of the design of the proposed project, 
we consider the following factors:
    (1) The extent to which the project design represents a 
comprehensive plan which effectively links identified needs, goals, 
objectives, activities and outcomes.
    (2) The extent to which the goals, objectives and outcomes are 
clearly specified and measurable.
    (3) The extent to which the design of the proposed project 
incorporates the National Foreign Language Standards and up-to-date 
knowledge from scientifically based research and effective practice.
    (4) The extent to which the project design will provide performance 
feedback and permit periodic assessment of progress toward achieving 
intended outcomes, such as, student progress, capacity building and 
dissemination.
    (5) The extent to which the project design will provide guidance 
about effective strategies suitable for disseminating and duplicating 
the project in other settings.
    (6) The extent to which the project design will provide 
quantifiable data reflecting:
    (i) Student proficiency in reading, writing, comprehending and 
communicating in the foreign language,
    (ii) Usage of the National Foreign Language Standards 
(Communication, Culture, Connections, Comparisons and Communities),
    (iii) Building local capacity to continue program components beyond 
the grant period, and

[[Page 24980]]

    (iv) Disseminating and duplicating program approaches to other 
local educational agencies.
    (c) Quality of project services. (8 points)
    In determining the quality of the services to be provided by the 
proposed project, we consider the following factors:
    (1) 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 based on race, 
color, national origin, gender, age, or disability.
    (2) 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.
    (3) The likelihood that the services to be provided will lead to 
improvements in the achievement of students as measured against 
rigorous academic standards.
    (d) Quality of project personnel. (12 points)
    In determining the quality of project personnel, we consider the 
following:
    (1) 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.
    (2) The qualifications, including relevant training and experience, 
of the project director and key project personnel as required by 
position descriptions.
    (3) The qualifications, including relevant training and experience 
of project teachers.
    (e) Adequacy of resources. (5 points)
    In determining the adequacy of resources for the proposed project, 
we consider the following factors:
    (1) The extent to which the budget is adequate to support the 
proposed project.
    (2) 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. (10 points)
    In determining the quality of the management plan for the proposed 
project, we consider the following factors:
    (1) The effectiveness of the management plan in demonstrating how 
the objectives and activities of the proposed project will be achieved 
on time, and within budget, including clearly defined responsibilities 
of staff, timelines, benchmarks, continuous improvement strategies and 
milestones for accomplishing project tasks.
    (2) The extent to which the time commitments of the project 
director and other key project personnel are appropriate and adequate 
to meet the objectives of the proposed project.
    (g) Quality of the project evaluation. (15 points)
    In determining the quality of the project evaluation, we consider 
the following factors:
    (1) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (2) The extent to which the evaluation plan will produce 
quantitative and qualitative data.
    (3) The extent to which the evaluation plan will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes, such as, student progress, capacity 
building and dissemination.
    (4) The extent to which the evaluation plan will provide guidance 
about effective strategies suitable for disseminating and duplicating 
the project in other settings.
    (5) The extent to which the evaluation plan design will provide 
quantifiable data reflecting:
    (i) Student proficiency in reading, writing, comprehending and 
communicating in the foreign language,
    (ii) Usage of the National Foreign Language Standards 
(Communication, Culture, Connections, Comparisons and Communities),
    (iii) Building local capacity to continue program components beyond 
the grant period, and
    (iv) Disseminating and duplicating program approaches to other 
local educational agencies.

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 84.293B, 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 all required 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 (GEPA), various assurances, 
certifications and a checklist for applicants.
    [sbull] Application for Federal Assistance (ED 424 (Exp. 11/30/
2004)) and instructions and definitions.
    [sbull] Protection of Human Subjects in Research (Attachment to ED 
424).
    [sbull] Budget Information--Non-Construction Programs (ED Form No. 
524). Including Section A--Budget Summary, U.S. Department of Education 
Funds; Section B--Budget Summary, Non-Federal Funds; and Instructions 
for ED Form 524 containing Section C--Other Budget Information to 
provide an Itemized Budget Breakdown.
    [sbull] Application Narrative. While no form is provided, the 
sections on Instructions for Application Narrative and Page Limit 
elsewhere in this application notice apply to your application 
narrative.

[[Page 24981]]

    [sbull] Group Application Certification.
    [sbull] Foreign Language Data Form.
    [sbull] Assurances--Non-Construction Programs (Standard Form 424B) 
(Rev. 7-97).
    [sbull] Certifications regarding Lobbying; Debarment, Suspension, 
and Other Responsibility Matters; and Drug-Free Workplace Requirements 
(ED 80-0013, 12/98) and instructions.
    [sbull] Certification Regarding Debarment, Suspension, 
Ineligibility and Voluntary Exclusion: Lower Tier Covered Transactions 
(ED 80-0014, 9/90) and instructions.
    [sbull] Disclosure of Lobbying Activities (Standard Form LLL (Rev. 
7-97)) and instructions.
    [sbull] Notice to All Applicants concerning the Department of 
Education's General Education Provisions Act (GEPA).
    [sbull] Survey on Ensuring Equal Opportunity for Applicants.
    [sbull] Program Non-Regulatory Guidance.
    You may submit information on a photocopy of the application forms, 
the assurances, and the certifications. However, you must submit ONE 
original signed application, including ink signatures on all forms and 
assurances and THREE 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.
    You may also view this document at the following site: www.ed.gov/offices/OELA/funding.html.

    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: East of the Mississippi River--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].
    West of the Mississippi River--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].
    Or, Sharon Manassa, U.S. Department of Education, 400 Maryland 
Avenue, SW., room 5647, Switzer Building, Washington, DC 20202-6510. 
Telephone: (202) 205-8731 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 (84.293B), 7th 
and D Streets, SW., Room 3633, 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: 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 293B), 7th and D Streets, 
SW., Room 3633, 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. 7259-7259b.

    Dated: May 5, 2003.
Kathleen Leos,
Senior Policy Advisor, 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 1885-0540. Expiration date: 1/31/
2006. We estimate the time required to complete this information 
collection to average 80 hours per response, including the time to 
review instructions, search existing data resources, gather the data 
needed, and

[[Page 24982]]

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 5626, 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 information regarding 
priorities, preferences and the selection criteria we use to 
evaluate applications.

    Note: The section on PAGE LIMIT elsewhere in this application 
notice applies to your application.

    1. Abstract. The narrative section should be preceded by a one-
page, single-spaced Abstract summarizing your proposed Foreign 
Language Assistance Program. The Abstract should include a brief 
description of the project design, goals and the population to be 
served. If applicable, it is important to include information on the 
Competitive Priorities the project proposes to address. For 
Competitive Priority 1, be sure to include the language(s) and grade 
levels to be taught. For Competitive Priority 2, explain how the 
school qualifies as underserved. In addition, provide a short 
description of how the proposed program will not duplicate projects 
funded under Subpart 1 of Part A of Title VII of the Elementary and 
Secondary Education Act of 1965.
    2. Table of Contents. Include a Table of Contents listing the 
parts of the narrative in the order of the selection criteria and 
the page numbers where the parts of the narrative are found. Be sure 
to number the pages of the narrative.
    3. Selection Criteria. The narrative should fully address 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. Instead, provide 
position descriptions for key personnel. Do not include 
bibliographies, letters of support or appendices in your 
application. Paginate all pages of the narrative. This package 
includes Program Guidance (Questions and Answers) to assist you in 
preparing the narrative portion of your application.

Checklist for Applicants

    Use the following checklist to verify that all necessary items 
are addressed in your final application preparation. Prepare one 
original with an original signature and include three additional 
copies. Do not use elaborate bindings, notebooks or covers. The 
application package must be delivered to the Application Control 
Center (ACC) and postmarked by the deadline date published in this 
notice.
    1. Application for Federal Assistance (ED 424 (Exp. 11/30/
2004)).
    2. Budget Information--Non-Construction Programs (ED Form No. 
524).
    [sbull] Section A--Complete the Budget Summary for U.S. 
Department of Education Funds requested for Project Years 1, 2 and 
3,
    [sbull] Section B--Complete the Budget Summary for Non-Federal 
Funds (local cost sharing) for Project Years 1, 2 and 3, and
    [sbull] Section C--Provide an Itemized Budget Breakdown for 
Project Years 1, 2 and 3.
    [sbull] A Budget Narrative may be provided for each of the 11 
Budget Categories. It may be placed directly after the three 
Itemized Budgets and does not require double spacing or page 
numbers.
    3. Group Application Certification, if more than one LEA is 
applying.
    4. Foreign Language Data Form.
    5. Assurances--Non-Construction Programs (Standard Form 424B) 
(Rev. 7-97).
    6. Certifications regarding Lobbying; Debarment, Suspension, and 
Other Responsibility Matters; and Drug-Free Workplace Requirements 
(ED 80-0013, 12/98).
    7. 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.)
    8. Disclosure of Lobbying Activities (Standard Form LLL (Rev. 7-
97)) if applicable.
    9. Applicant's response to the ``Notice to All Applicants'' 
concerning the Department of Education's General Education 
Provisions Act (GEPA).
    10. Survey on Ensuring Equal Opportunity for Applicants.
    11. Copy of letter to State Single Point of Contact (SPOC), if 
applicable.
    12. Letter from an Authorized Representative of the school 
district requesting waiver of cost sharing requirement, if 
applicable.
    13. Abstract. Including information on Competitive Priorities 
and Competitive Preferences, if applicable.
    14. Table of Contents.
    15. Application Narrative. No more than 35 pages using the 
section on Page Limit elsewhere in this application.

Foreign Language Assistance Program (FLAP) Grants to Local Educational 
Agencies Additional Non-Regulatory Guidance (Questions and Answers)

    Q. Who is eligible to apply for a FLAP grant in this 
competition?
    A. In this competition, eligibility is limited to local 
educational agencies. The term ``local educational agency'' means a 
public board of education or other public authority which maintains 
administrative control of public elementary or secondary schools in 
a city, county, township, school district or other political 
subdivision of a state. An intermediate unit within a State (e.g., a 
Board of Cooperative Educational Services (a BOCES) may apply for 
and receive a grant.
    Q. If awarded a grant, may a grantee count on receiving FLAP 
funding for the full period of three years?
    A. The actual level of program funding, if any, depends on final 
Congressional action each fiscal year.
    Q. Is the estimated range of awards $50,000 to $175,000 over the 
period of three years?
    A. The estimated range of awards is $50,000 to $175,000 for each 
year.
    Q. May an LEA submit a proposal for afternoon and/or Saturday 
foreign language instruction?
    A. The purpose of the Foreign Language Assistance Program is to 
pay the Federal share of the cost of innovative model programs, 
providing for the establishment, improvement or expansion of foreign 
language study. Therefore, it is recommended that the majority of 
instruction be carried out during the traditional school day with 
supplemental activities in the afternoon and/or Saturday.
    Q. What is not a foreign language?
    A. The Secretary does not award grants to 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. Although 
improvement of the English language skills of non-native English 
speakers is a desirable ancillary benefit of a two-way foreign 
language immersion program, the primary focus of projects funded 
under the Foreign Language Assistance program must be on foreign 
language learning. As a consequence, funds received under the 
Foreign Language Assistance Program may not be used to fund an 
activity that is solely or primarily concerned with English language 
instruction.
    Q. How does an applicant for the Foreign Language Assistance 
Program address the requirements set forth by the Government 
Performance and Results Act (GPRA)?
    A. Each applicant should align program goals, objectives and 
outcomes with the following GPRA indicators for the Foreign Language 
Assistance Program:
    1. To increase student proficiency in reading, writing, 
comprehending and communicating in the foreign language.
    2. To increase the usage of the National Foreign Language 
Standards (Communication, Culture, Connections, Comparisons and 
Communities).
    3. To build local capacity to continue the foreign language 
program components beyond the grant period.
    4. To disseminate and duplicate program approaches to other 
local educational agencies.
    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. What is the definition of a ``secondary school''?
    A. The term ``secondary school'' means a non-profit 
institutional day or residential school, including a public 
secondary charter school, that provides secondary education, as 
determined under State law, except that the term does not include 
any education beyond

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grade 12. 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. May an applicant use FLAP funds to support a foreign language 
program for Pre-kindergarten children?
    A. If your State defines Pre-kindergarten as elementary 
education, FLAP funds may be used to serve those students.
    Q. Where are the State definitions of an ``elementary'' or 
``secondary'' program?
    A. If you do not know what grade levels in your State are 
considered elementary and secondary, you should consult with your 
State educational agency.
    Q. In light of the Competitive Priorities for Kindergarten 
through eighth grade and programs that teach Russian, Chinese and 
Arabic; should districts submit proposals for high schools and 
teaching other foreign languages?
    A. Yes, applications that propose programs at the high school 
level and foreign languages other than Russian, Chinese and Arabic 
are encouraged to apply.
    Q. How much of the estimated $10 million in program funds will 
be used to fund elementary programs?
    A. By law, not less than 75 percent of the total funds 
appropriated must be used for the expansion of foreign language 
learning in the elementary grades. This requirement does not apply 
to individual programs.
    Q. What is scientifically based research (SBR)?
    A. SBR is research that involves the application of rigorous, 
systematic, and objective procedures to obtain reliable and valid 
knowledge relevant to education activities and programs. Some of the 
critical elements of SBR are as follows:
    [sbull] Scientific Method
    --Hypothesis
    --Controls are used
    --Outcome proves or disproves the hypothesis
    [sbull] Replicated--repeat studies find the same results
    [sbull] Generalized--study findings represent truth for the 
general population
    [sbull] Meets Rigorous Standards--methods and conclusions must 
be confirmed by peer review
    [sbull] Convergent findings--conclusions are in line with 
findings from other studies
    Q. How does an applicant address the ``Notice to all 
Applicants'' concerning the Department of Education's General 
Education Provisions Act (GEPA)?
    A. First, read the ``Notice to all Applicants'' included in the 
application package. Be sure to note the three examples included in 
the second column. Second, it is recommended that the applicant 
respond on a separate sheet of paper entitled ``GEPA''. The required 
response should include a description of the steps the applicant 
proposes to take to ensure equitable access to, and participation 
in, its Federally assisted program for students, teachers, and other 
program beneficiaries with special needs.
    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)?
    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. What is the LEA's share of costs for the Foreign Language 
Assistance program for each fiscal year?
    A. In order to build program capacity at the State and local 
level, cost sharing is required. The Federal share of the foreign 
language program for each fiscal year is restricted to 50 percent. 
Therefore, if the total cost of the proposed program is $100,000, 
the school district may request $50,000 in Federal funding. While a 
waiver may be granted for an LEA if the Secretary determines that 
the LEA does not have adequate resources to pay the non-Federal 
share of the cost of the activities, it is recommended that the 
district share the cost to the extent possible. The Education 
Department General Administrative Regulations, at 34 CFR 80.24, 
addresses Federal Cost sharing requirements.
    Q. How does an LEA apply for a waiver of the non-Federal share 
of costs?
    A. It is suggested that local educational agencies wishing to 
request a waiver from the requirement attach a letter to the 
application. The waiver request, signed by the Authorized 
Representative, should include information that will assist in 
determining whether the local educational agency seeking a waiver 
does not have adequate resources to pay the non-Federal share of the 
costs of the activities assisted under the Foreign Language 
Assistance program.
    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. Under this program, may an applicant propose to hire foreign 
language teachers?
    A. Yes, program funds may be used to hire foreign language 
teachers.
    Q. May two districts apply together if they are already working 
together in a foreign language program?
    A. Yes, the statute does not prohibit school districts from 
applying together. However, one district must be designated as the 
fiscal agent and the Group Application Certification must be 
included in the application package and signed by an authorized 
representative from each district. The requirements on group 
applications are in 34 CFR 75.127-75.129.
    Q. How may an applicant access information on the National 
Foreign Language Standards when designing their program?
    A. An applicant may access information on the National 
Standards, State-Level Foreign Language Standards, the National 
Foreign Language Resource Centers and other useful Web sites at: 
http://www.cal.org/ericcll/faqs/rgos/flstandards.html.
    Q. How does an applicant access the statutory provisions 
authorizing FLAP (Sections 5492 and 5493 of the Elementary and 
Secondary Education Act)?
    A. Applicants may access sections 5492 and 5493 at the following 
Web site: http://www.ed.gov/offices/OELA/funding.html.

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[FR Doc. 03-11622 Filed 5-8-03; 8:45 am]
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