[Federal Register Volume 69, Number 21 (Monday, February 2, 2004)]
[Notices]
[Pages 4990-4994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1949]



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Part II





Department of Education





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Magnet Schools Assistance Program; Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2004; Notice and Final Rule

  Federal Register / Vol. 69, No. 21 / Monday, February 2, 2004 / 
Notices  

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DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information; 
Magnet Schools Assistance Program; Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2004

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A.

DATES:
    Applications Available: February 2, 2004.
    Deadline for Transmittal of Applications: March 15, 2004.
    Deadline for Intergovernmental Review: May 14, 2004.
    Eligible Applicants: Local educational agencies (LEAs) or consortia 
of LEAs.
    Estimated Available Funds: Although the Congress has not enacted a 
final appropriation for FY 2004, the Department is inviting 
applications for this competition now so that it may be prepared to 
make awards following final action on the Department's appropriations 
bill. Based on the congressional action to date, we estimate that 
$103,750,000 will be available for new awards under this competition. 
The actual level of funding depends on final congressional action.
    Estimated Range of Awards: $250,000-$3,500,000 per year.
    Estimated Average Size of Awards: $2,075,000 per year.
    Maximum Award: We will reject any application that proposes a 
budget exceeding $4,000,000 for a single budget period of 12 months. 
The Deputy Under Secretary for Innovation and Improvement may change 
the maximum amount through a notice published in the Federal Register.
    Estimated Number of Awards: 50.


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


    Project Period: Up to 36 months.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Magnet Schools Assistance Program (MSAP) 
provides grants to eligible LEAs and consortia of LEAs to support 
magnet schools that are part of an approved desegregation plan. Through 
the implementation of magnet schools, these program resources can be 
used in pursuit of the objectives of the ESEA, as reauthorized by the 
No Child Left Behind Act of 2001 (NCLB), which enables all elementary 
and secondary students to achieve to high standards and holds schools, 
LEAs, and States accountable for ensuring that they do so. In 
particular, the MSAP provides an opportunity for eligible entities to 
focus on expanding their capacity to provide public school choice to 
students who attend schools identified for improvement, corrective 
action, or restructuring under Title I, part A of the ESEA (Title I).
    Priorities: This competition includes three competitive priorities 
taken from the regulations for this program, an additional competitive 
priority under the General Education Provisions Act, and an 
invitational priority. These priorities are as follows:
    In accordance with 34 CFR 75.105(b)(2)(ii), the following three 
priorities are from the regulations for this program (34 CFR 280.32(b)-
(d)).
    Competitive Preference Priorities: For FY 2004 these priorities are 
competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we 
award up to an additional 30 points to an application, depending on how 
well the application meets these priorities.
    These priorities are:
    Need for assistance (up to 10 additional points). The Secretary 
evaluates the applicant's need for assistance under this part, by 
considering--
    (a) The costs of fully implementing the magnet schools project as 
proposed;
    (b) The resources available to the applicant to carry out the 
project if funds under the program were not provided;
    (c) The extent to which the costs of the project exceed the 
applicant's resources; and
    (d) The difficulty of effectively carrying out the approved plan 
and the project for which assistance is sought, including consideration 
of how the design of the magnet schools project--e.g., the type of 
program proposed, the location of the magnet school within the LEA--
impacts on the applicant's ability to successfully carry out the 
approved plan.
    New or revised magnet schools projects (up to 10 additional 
points). The Secretary determines the extent to which the applicant 
proposes to carry out new magnet schools projects or significantly 
revise existing magnet schools projects.
    Selection of students (up to 10 additional points). The Secretary 
determines the extent to which the applicant proposes to select 
students to attend magnet schools by methods such as lottery, rather 
than through academic examination.
    We are establishing the following priority for the FY 2004 grant 
competition only, in accordance with section 437(d)(1) of the General 
Education Provisions Act (GEPA). Competitive Preference Priority: For 
FY 2004 this priority is a competitive preference priority. Under 34 
CFR 75.105(c)(2)(i) we award up to an additional 10 points to an 
application, depending on how well the application meets this priority.
    We establish this priority to provide eligible LEAs with an 
opportunity to use magnet schools to expand their capacity to provide 
public school choice to parents whose children attend schools that have 
not made adequate yearly progress (as that term is defined in ESEA, 
Title I, section 1111(b)(2)) for at least two consecutive years.
    This priority is:
    Expanding capacity to provide choice. The extent to which the 
applicant proposes to help parents whose children attend low-performing 
schools (that is, schools that have been identified for school 
improvement, corrective action, or restructuring under Title I) by--
    (a) Selecting schools identified for school improvement, corrective 
action, or restructuring under Title I as magnet schools to be funded 
under this project and improving the quality of teaching and 
instruction in these schools;
    (b) Maximizing the opportunity for students in low-performing 
schools to attend higher-performing magnet schools funded under the 
project and reducing minority group isolation in the low-performing 
sending schools; or
    (c) Effectively informing parents whose children attend low-
performing schools about choices that are available to them in the 
magnet schools to be funded under the project.
    Under this competition we are also particularly interested in 
applications that address the following priority. Invitational 
Priority: For FY 2004 this priority is an invitational priority. Under 
34 CFR 75.105(c)(1) we do not give an application that meets this 
invitational priority a competitive or absolute preference over other 
applications.
    This priority is:
    Implementation of a rigorous evaluation to assess the effectiveness 
of particular interventions that are included in the project. The 
Secretary intends that this priority will allow program participants 
and the Department to determine whether the interventions identified 
for this rigorous evaluation produce meaningful effects on student 
achievement or teacher performance, as appropriate.
    Evaluation methods using an experimental design are best for 
determining the effectiveness of the identified intervention(s). Thus, 
a project that addresses this invitational priority would use an 
experimental design under which participants--that

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is, students, teachers, classrooms, or schools--are randomly assigned 
(a) to participate in the project activities being evaluated or (b) to 
a control group that does not participate in the project activities 
being evaluated.
    If random assignment is not feasible, a project that addresses this 
invitational priority would use a quasi-experimental design with 
carefully matched comparison conditions. This alternative design 
attempts to approximate a randomly assigned control group by matching 
participants--that is, students, teachers, classrooms or schools--with 
non-participants having similar pre-program characteristics.
    Proposed evaluation strategies that use neither experimental 
designs with random assignment nor quasi-experimental designs using a 
matched comparison group would not be responsive to this priority.
    To be responsive to the invitational priority, the project 
evaluator would collect--before the project commences and after it 
ends--valid and reliable data that measure the impact of participation 
in the program or in the comparison group.
    In determining the appropriateness of the proposed rigorous 
evaluation under the invitational priority, we will consider the extent 
to which the applicant presents a feasible, credible plan that includes 
the following:
    (1) A clear description of the magnet school(s) and magnet school 
activities to be evaluated.
    (2) The type of design to be used (that is, random assignment or 
matched comparison).
    (3) The outcome(s) to be measured.
    (4) A discussion of how the applicant plans to assign students, 
teachers, classrooms, or schools (as appropriate) to the project and 
control group or match them for comparison with other students, 
teachers, classrooms, or schools.
    (5) A proposed evaluator, preferably independent, with the 
necessary background and technical expertise to carry out the proposed 
evaluation.
    (6) Clearly identified costs that are directly allocable to the 
implementation of the rigorous evaluation proposed in response to this 
invitational priority.
    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. Ordinarily, this 
practice would have applied to the competitive preference priority for 
expanding capacity to provide choice. Section 437(d)(1) of the General 
Education Provisions Act (20 U.S.C. 1232(d)(1)), however, allows the 
Secretary to exempt from rulemaking requirements rules governing the 
first grant competition under a new or substantially revised program 
authority. This is the first Magnet Schools Assistance program grant 
competition under the ESEA, as amended by the NCLB, and therefore 
qualifies for this exemption. In order to ensure timely grant awards, 
the Secretary has decided to forego public comment on the proposed 
competitive preference priority for expanding capacity to provide 
choice under section 437(d)(1). This competitive preference priority 
will apply to the FY 2004 grant competition only.
    Program Authority: 20 U.S.C. 7231-7231j.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 85, 86, 97, 98, and 99. (b) The regulations for this program in 
34 CFR part 280.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: Although the Congress has not enacted a 
final appropriation for FY 2004, the Department is inviting 
applications for this competition now so that it may be prepared to 
make awards following final action on the Department's appropriations 
bill. Based on the congressional action to date, we estimate that 
$103,750,000 will be available for new awards under this competition. 
The actual level of funding depends on final congressional action.
    Estimated Range of Awards: $250,000-$3,500,000 per year.
    Estimated Average Size of Awards: $2,075,000 per year.
    Maximum Award: We will reject any application that proposes a 
budget exceeding $4,000,000 for a single budget period of 12 months. 
The Deputy Under Secretary for Innovation and Improvement may change 
the maximum amount through a notice published in the Federal Register.
    Estimated Number of Awards: 50.


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


    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs.
    2. Cost Sharing or Matching: This program does not involve cost 
sharing or matching.
    3. Other: Applicants must submit with their applications one of the 
following types of plans to establish eligibility to receive MSAP 
assistance: (a) A desegregation plan required by a court order; (b) a 
plan required by a State agency or an official of competent 
jurisdiction; (c) a plan required by the Office for Civil Rights (OCR), 
United States Department of Education (ED), under Title VI of the Civil 
Rights Act of 1964 (Title VI plan); or (d) a voluntary plan adopted by 
the applicant and submitted to us for approval as part of the 
application.
    Under the MSAP regulations, applicants are required to provide all 
of the information required at 34 CFR 280.20(a)-(g) in order to satisfy 
the civil rights eligibility requirements found in 34 CFR 280.2(a)(2) 
and (b).
    In addition to the particular data and other items for required and 
voluntary plans described in the application package, an application 
must include--
     Signed civil rights assurances (included in the 
application package);
     A copy of the applicant's plan; and
     An assurance that the plan is being implemented 
or will be implemented if the application is funded.
Required Plans
    1. Plans required by a court order. An applicant that submits a 
plan required by a court order must submit complete and signed copies 
of all court or State documents demonstrating that the magnet schools 
are a part of the approved plan. Examples of the types of documents 
that would meet this requirement include--
     A Federal or State court order that establishes 
or amends a previous order or orders by establishing additional or 
different specific magnet schools;
     A Federal or State court order that requires or 
approves the establishment of one or more unspecified magnet schools or 
that authorizes the inclusion of magnet schools at the discretion of 
the applicant.
    2. Plans required by a State agency or official of competent 
jurisdiction. An applicant submitting a plan ordered by a State agency 
or official of competent jurisdiction must provide documentation that 
shows that the plan was ordered based upon a determination that State 
law was violated. In the absence of this documentation, the applicant 
should consider its plan to be a voluntary plan and submit the data and 
information necessary for voluntary plans.
    3. Title VI required plans. An applicant that submits a plan 
required by OCR under Title VI must submit a complete copy of the plan 
demonstrating that magnet schools are part of the approved plan.

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    4. Modifications to required plans. A previously approved 
desegregation plan that does not include the magnet school or program 
for which the applicant is now seeking assistance must be modified to 
include the magnet school component. The modification to the plan must 
be approved by the court, agency, or official that originally approved 
the plan. An applicant that wishes to modify a previously approved OCR 
Title VI plan to include different or additional magnet schools must 
submit the proposed modification for review and approval to the OCR 
Regional Office that approved its original plan.
    An applicant should indicate in its application if it is seeking to 
modify its previously approved plan. However, all applicants must 
submit proof of approval of all modifications to their plans to ED by 
April 12, 2004. Proof of plan modifications should be mailed to the 
person and address identified in FOR FURTHER INFORMATION CONTACT 
elsewhere in this notice.
Voluntary Plans
    A voluntary plan must be approved by ED each time an application is 
submitted for funding. Even if ED has approved a voluntary plan in an 
LEA in the past, the plan must be resubmitted for approval as part of 
the application.
    The enrollment and other information as required by the regulations 
at Sec. 280.20(f) and (g) for applicants with voluntary plans (specific 
requirements are detailed in the application package) are critical to 
our determination of an applicant's eligibility under a voluntary plan.
    Narrow Tailoring. The purposes of the MSAP include the reduction, 
elimination or prevention of minority group isolation. In the past 
grant cycle, all districts submitting voluntary plans were able to 
achieve this purpose using race-neutral admissions practices. If a 
district proposes to use race in its voluntary plan, it must provide a 
justification for why race-neutral approaches would not prove 
effective. It must also demonstrate that its plan is adequate under 
Title VI. In order for a voluntary plan involving a racial 
classification to be adequate under Title VI, the plan must be narrowly 
tailored to accomplish the objective of reducing, eliminating, or 
preventing minority group isolation.

IV. Application and Submission Information

    1. Address to Request Application Package: Steven L. Brockhouse, 
U.S. Department of Education, 400 Maryland Avenue, SW., room 3E122, 
Washington, DC 20202-5961. Telephone: (202) 260-2476 or by e-mail: 
[email protected].
    You may also obtain an application package via Internet. To obtain 
a copy via Internet use the following address: http://www.ed.gov/fund/grant/apply/grantapps/index.html.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) by contacting the program contact 
person listed in this section.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria and 
competitive preference priorities that reviewers use to evaluate your 
application. You must limit Part III to the equivalent of no more than 
250 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, 
with 1'' margins at the top, bottom, and both sides.
     Double space (no more than three lines per 
vertical inch) all text in the application narrative, including titles, 
headings, footnotes, quotations, references, and captions, as well as 
all text in charts, tables, figures, and graphs.
     Use a font that is either 12-point or larger or 
no smaller than 10 pitch (characters per inch).
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; Part V, the desegregation plan 
and related information; or the one-page abstract, the resumes, or 
letters of support. However, you must include all of the application 
narrative in Part III.
    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.
    3. Submission Dates and Times: Applications Available: February 2, 
2004.
    Deadline for Transmittal of Applications: March 15, 2004.
    The dates and times for the transmittal of applications by mail or 
by hand (including a courier service or commercial carrier) are in the 
application package for this program.
    We do not consider an application that does not comply with the 
deadline requirements.
    Deadline for Intergovernmental Review: May 14, 2004.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Restrictions: We specify unallowable costs in 34 CFR 
280.41. We reference regulations outlining funding restrictions in the 
Applicable Regulations section of this notice.
    6. Other Submission Requirements: Instructions and requirements for 
the transmittal of applications by mail or by hand (including a courier 
service or commercial carrier) are in the application package for this 
program.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR 280.31 and are as follows:
    (a) Plan of operation. (25 points)
    (1) The Secretary reviews each application to determine the quality 
of the plan of operation for the project.
    (2) The Secretary determines the extent to which the applicant 
demonstrates--
    (i) The effectiveness of its management plan to ensure proper and 
efficient administration of the project;
    (ii) The effectiveness of its plan to attain specific outcomes 
that--
    (A) Will accomplish the purposes of the program;
    (B) Are attainable within the project period;
    (C) Are measurable and quantifiable; and
    (D) For multi-year projects, can be used to determine the project's 
progress in meeting its intended outcomes;
    (iii) The effectiveness of its plan for utilizing its resources and 
personnel to achieve the objectives of the project, including how well 
it utilizes key personnel to complete tasks and achieve the objectives 
of the project;
    (iv) How it will ensure equal access and treatment for eligible 
project participants who have been traditionally underrepresented in 
courses or activities offered as part of the magnet school, e.g., women 
and girls in mathematics, science or technology courses, and disabled 
students; and
    (v) The effectiveness of its plan to recruit students from 
different social, economic, ethnic, and racial backgrounds into the 
magnet schools.

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    (b) Quality of personnel. (10 points)
    (1) The Secretary reviews each application to determine the 
qualifications of the personnel the applicant plans to use on the 
project.
    (2) The Secretary determines the extent to which--
    (i) The project director (if one is used) is qualified to manage 
the project;
    (ii) Other key personnel are qualified to manage the project;
    (iii) Teachers who will provide instruction in participating magnet 
schools are qualified to implement the special curriculum of the magnet 
schools; and
    (iv) The applicant, as part of its nondiscriminatory employment 
practices will ensure that its personnel are selected for employment 
without regard to race, religion, color, national origin, sex, age, or 
disability.
    (3) To determine personnel qualifications the Secretary considers 
experience and training in fields related to the objectives of the 
project, including the key personnel's knowledge of and experience in 
curriculum development and desegregation strategies.
    (c) Quality of project design. (35 points)
    (1) The Secretary reviews each application to determine the quality 
of the project design.
    (2) The Secretary determines the extent to which each magnet school 
for which funding is sought will--
    (i) Foster interaction among students of different social, 
economic, ethnic, and racial backgrounds in classroom activities, 
extracurricular activities, or other activities in the magnet schools 
(or, if appropriate, in the schools in which the magnet school programs 
operate);
    (ii) Address the educational needs of the students who will be 
enrolled in the magnet schools;
    (iii) Carry out a high quality educational program that will 
substantially strengthen students' reading skills or knowledge of 
mathematics, science, history, geography, English, foreign languages, 
art, music, or vocational skills;
    (iv) Encourage greater parental decisionmaking and involvement; and
    (v) Improve the racial balance of students in the applicant's 
schools by reducing, eliminating, or preventing minority group 
isolation in its schools.
    (d) Budget and resources. (5 points) The Secretary reviews each 
application to determine the adequacy of the resources and the cost-
effectiveness of the budget for the project, including--
    (1) The adequacy of the facilities that the applicant plans to use;
    (2) The adequacy of the equipment and supplies that the applicant 
plans to use; and
    (3) The adequacy and reasonableness of the budget for the project 
in relation to the objectives of the project.
    (e) Evaluation plan. (15 points) The Secretary determines the 
extent to which the evaluation plan for the project--
    (1) Includes methods that are appropriate to the project;
    (2) Will determine how successful the project is in meeting its 
intended outcomes, including its goals for desegregating its students 
and increasing student achievement; and
    (3) Includes methods that are objective and that will produce data 
that are quantifiable.
    (f) Commitment and capacity. (10 points)
    (1) The Secretary reviews each application to determine whether the 
applicant is likely to continue the magnet school activities after 
assistance under the regulations is no longer available.
    (2) The Secretary determines the extent to which the applicant--
    (i) Is committed to the magnet schools project; and
    (ii) Has identified other resources to continue support for the 
magnet school activities when assistance under this program is no 
longer available.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may also notify you informally.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as specified by the Secretary in 
34 CFR 75.118, including information that documents the extent of 
success in addressing the performance measures described in the 
following paragraph.
    4. Performance Measures: The Secretary has established two 
performance measures for assessing the effectiveness of the MSAP:
    (a) The percentage of magnet schools whose student applicant pool 
reflects a racial and ethnic composition that, in relation to the total 
enrollment of the school, reduces, eliminates or prevents minority 
group isolation increases annually. The Secretary has set an overall 
performance target that calls for the percentage of magnet schools 
whose student applicant pool would have a beneficial effect on the 
reduction, prevention or elimination of minority group isolation in 
participating project schools to increase annually from a baseline 
established with magnet school applicant data from the first year of 
the project.
    (b) The percentage of magnet schools whose students from major 
racial and ethnic groups meet or exceed their State's adequate yearly 
progress standard increases annually, in accordance with their State's 
plan required by section 1111 of the ESEA. The Secretary has set an 
overall performance target that calls for the percentage of magnet 
schools whose students meet or exceed the adequate yearly progress 
standard to increase annually from a baseline established by 
participating schools' performance in the school year prior to the 
beginning of the project.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Steven L. Brockhouse, U.S. Department 
of Education, 400 Maryland Avenue, SW., room 3E122, Washington, DC 
20202-5961. Telephone: (202) 260-2476 or by e-mail: 
[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.
    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 in this 
section.

VIII. Other Information

    Electronic Access to This Document: You may view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the

[[Page 4994]]

following site: www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.


    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: www.gpoaccess.gov/nara/index.html.


    Dated: January 27, 2004.
Nina Shokraii Rees,
Deputy Under Secretary for Innovation and Improvement.
[FR Doc. 04-1949 Filed 1-30-04; 8:45 am]
BILLING CODE 4000-01-P