[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Notices]
[Page 17895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7634]



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Part VIII





Department of Education





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Improving Literacy Through School Libraries Program Overview 
Information; Final Clarification of Eligible Local Act

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ivities and Inviting Applications for New Awards for Fiscal Year (FY) 
2004; Notices

  Federal Register / Vol. 69, No. 65 / Monday, April 5, 2004 / 
Notices  
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DEPARTMENT OF EDUCATION

RIN 1810-ZA09


Notice of Final Clarification of Eligible Local Activities for 
Improving Literacy Through School Libraries Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

SUMMARY: The Secretary clarifies the eligible local professional 
development activities under the Improving Literacy Through School 
Libraries Program so that school library media specialists can address 
not only the needs of preschool children but also those of children in 
grades K-3. The Secretary will use the clarification for the FY 2004 
competition and in later years.

EFFECTIVE DATE: This clarification is effective May 5, 2004.

FOR FURTHER INFORMATION CONTACT: Irene Harwarth, U.S. Department of 
Education, 400 Maryland Avenue, SW., 20202-6200. Telephone: (202) 401-
3751, or via the 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.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: This clarification of eligible local 
activities is established to allow professional development activities 
for library media specialists to better address the reading needs of 
students in grades K-3.
    We published a notice of proposed priority and clarification of 
eligible local activities for this program in the Federal Register on 
January 13, 2004 (69 FR 1975). After considering the comments received, 
the Secretary is clarifying the eligible local activities for the 
program. The Secretary will not establish the proposed competitive 
preference priority that reflected the importance of mastering reading 
skills in grades K-3. Instead, the Secretary announces an invitational 
priority for the FY 2004 competition as set forth in a notice inviting 
applications for this program published elsewhere in this issue of the 
Federal Register.

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed priority 
and clarification of eligible local activities, 15 parties submitted 
comments on the proposed priority and clarification. An analysis of the 
comments and of the withdrawal of the competitive preference priority 
follows.
    Generally, we do not address technical and other minor changes--and 
suggested changes the law does not authorize us to make under the 
applicable statutory authority.

Clarification of Eligible Local Activities

    Comments: Several commenters supported the clarification of 
eligible local activities that allowed services to benefit grades K-3 
as well as preschool. The commenters further recommended that 
professional development benefiting grades 4-12 also be made an 
eligible local activity.
    Discussion: The statute authorizing the Improving Literacy Through 
School Libraries Program allows funds to be used for a number of 
activities designed to improve student literacy skills and academic 
achievement through the improvement of school libraries. Our 
interpretation of the program statute is that Congress intended that 
funds under this program be used to benefit children in any of the 
grades K-12 with respect to all of the authorized program activities, 
except professional development. This is because the statutory 
provision authorizing the use of funds for professional development, 
unlike other comparable statutory provisions, speaks specifically of 
professional development only to benefit library media specialists that 
serve preschool age children. The statute's legislative history, 
however, supports the use of funds for professional development to 
benefit children in grades K-3, as well as preschool children. 
Therefore, while the legislative history supports professional 
development benefiting grades K-3, it also indicates that it is not 
preferable to interpret the statute even more broadly to allow 
professional development benefiting grades 4-12.
    Changes: None.

Competitive Preference Priority

    Comments: Some commenters were supportive of the proposed 
competitive preference priority that would award an extra five points 
to projects primarily serving grades K-3 (``primarily'' means that more 
than 50 percent of an applicant's proposed budget would be used for 
grades K-3). Other commenters were critical of the competitive 
preference priority. Some commenters stressed that students in grades 
higher than K-3 are also at risk academically, and that funds may be 
needed to respond to higher standards and statewide assessments at 
grades 4-12. Other commenters stated that funds are necessary to 
sustain academic gains from strong reading programs already established 
at the K-3 level.
    Discussion: After considering public comment, the Secretary 
believes that it is unnecessary to establish a competitive preference 
priority because the Secretary would not wish to discourage 
applications that meet the needs of grades 4-12. Instead, an 
invitational priority is established in the notice inviting 
applications for FY 2004, published elsewhere in this issue of the 
Federal Register.
    Changes: No competitive preference priority will be established.

Clarification of Eligible Local Activities

    The Secretary allows grantees to conduct professional development 
activities for school library media specialists that further the 
purposes of the program, not only as related to preschool education, 
but also related to education benefiting children in grades K-3. This 
is consistent with our interpretation of the statute and its 
legislative history. The Secretary believes that allowing professional 
development for school library media specialists benefiting children 
from preschool through grade 3 can help link projects under this 
program with efforts such as those funded under the Early Reading First 
program authorized by section 1221 et seq. of the Elementary and 
Secondary Education Act of 1965, as amended (ESEA), that benefit 
teachers of preschool children, and under the Reading First program 
authorized by section 1201 et seq. of the ESEA that benefit teachers of 
K-3 children. Professional development for school library media 
specialists that serve children from preschool through grade 3 will 
assist these specialists and help them better meet the needs of 
students and fellow educators.

Executive Order 12866

    This clarification of eligible local activities has been reviewed 
in accordance with Executive Order 12866. Under the terms of the order, 
we have assessed the potential costs and benefits of this regulatory 
action.
    The potential costs associated with the clarification of eligible 
local activities are those resulting from statutory requirements and 
those we have determined as necessary for administering this program 
effectively and efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this clarification of eligible local activities, we 
have determined that the benefits of the

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clarification of eligible local activities justify the costs.

Intergovernmental Review

    This program is subject to Executive Order 12372 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.
    This document provides early notification of our specific plans and 
actions for this program.
    Applicable Program Regulations: 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 85, 97, 98 and 99.

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/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.
    You may also view this document in text at the Applicant 
Information link of the following site: http://www.ed.gov/programs/lsl.


    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.gpoaccess.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Number 84.364A Improving 
Literacy Through School Libraries Program)

    Program Authority: 20 U.S.C. 6383.

    Dated: March 31, 2004.
Raymond J. Simon,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 04-7634 Filed 4-2-04; 8:45 am]
BILLING CODE 4000-01-P