[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Notices]
[Pages 2397-2399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-122]


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DEPARTMENT OF EDUCATION


Arts in Education Model Development and Dissemination Program

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice of proposed priority, requirements, and definitions.

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SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement 
proposes a priority, requirements, and definitions under the Arts in 
Education Model Development and Dissemination program. We may use this 
priority and these requirements and definitions for competitions in 
fiscal year (FY) 2005 and later years. We take this action to focus 
Federal financial assistance on an identified national need for the 
enhancement, expansion, documentation, evaluation, and dissemination of 
innovative, cohesive models that have demonstrated that they 
effectively: (1) Integrate standards-based arts education into the core 
elementary and middle school curricula; (2) strengthen standards-based 
arts instruction in these grades; and (3) improve elementary and middle 
schools students' academic performance, including their skills in 
creating, performing, and responding to the arts. We intend the 
priority, requirements, and definitions to increase the amount of 
information on effective models for arts education that is available 
nationally and to integrate the arts with standards-based education 
programs.

DATES: We must receive your comments on or before February 14, 2005.

ADDRESSES: Address all comments about the proposed priority, 
requirements, and definitions to Diane Austin, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4W214, Washington, DC 20202-
5943. If you prefer to send your comments through the Internet, use the 
following address: [email protected].
    You must include the term ``artsdemo'' in the subject line of your 
electronic message.

FOR FURTHER INFORMATION CONTACT: Diane Austin. Telephone: (202) 260-
1280 or via Internet: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) 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: 

Invitation To Comment

    We invite you to submit comments regarding the proposed priority, 
requirements, and definitions in this notice. To ensure that your 
comments have maximum effect in developing the notice of final 
priority, requirements, and definitions, we urge you to identify 
clearly the specific proposed priority, requirement or definition that 
each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from the proposed 
priority, requirements, and definitions. Please let us know of any 
further opportunities we should take to reduce potential costs or 
increase potential benefits while preserving the effective and 
efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about the proposed priority,

[[Page 2398]]

requirements, and definitions in room 4W214, 400 Maryland Avenue, SW., 
Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern 
time, Monday through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for the proposed priority, requirements, and 
definitions. If you want to schedule an appointment for this type of 
aid, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.
    We will announce the final priority, requirements, and definitions 
in a notice in the Federal Register. We will determine the final 
priority, requirements, and definitions after considering responses to 
this notice and other information available to the Department. This 
notice does not preclude us from proposing additional priorities, 
requirements, and definitions, subject to meeting applicable rulemaking 
requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use the priority, requirements, and definitions, 
we invite applications through a notice in the Federal Register. 
When inviting applications, we designate the priority as absolute, 
competitive preference, or invitational. The effect of each type of 
priority follows:
    Absolute Priority: Under an absolute priority we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive Preference Priority: Under a competitive preference 
priority we give competitive preference to an application by either 
(1) awarding additional points, depending on how well or the extent 
to which the application meets the priority (34 CFR 
75.105(c)(2)(i)); or (2) selecting an application that meets the 
competitive priority over an application of comparable merit that 
does not meet the priority (34 CFR 75.105(c)(2)(ii)).
    Invitational Priority: Under an invitational priority we are 
particularly interested in applications that meet the invitational 
priority. However, we do not give an application that meets the 
invitational priority a competitive or absolute preference over 
other applications (34 CFR 75.105(c)(1)).

Discussion of Proposed Priority, Requirements, and Definitions

    This program supports the development of, and dissemination of 
information about, model school-based arts education programs.

Priority

Proposed Priority

    We propose the following priority for this program:
    This priority supports projects that enhance, expand, document, 
evaluate, and disseminate innovative cohesive models that are based on 
research and have demonstrated their effectiveness in (1) integrating 
standards-based arts education into the core elementary or middle 
school curriculum, (2) strengthening standards-based arts instruction 
in the elementary or middle school grades, and (3) improving the 
academic performance, including their skills in creating, performing, 
and responding to the arts, of students in elementary or middle school.
    In order to meet this priority an applicant must demonstrate that 
the model project for which it seeks funding (1) serves only elementary 
schools or middle schools, or both and (2) is linked to State and 
national standards intended to enable all students to meet challenging 
expectations, and to improving student and school performance.
    Rationale: The Arts in Education Model Development and 
Dissemination program seeks to address the lack of high-quality, 
research-based arts education programs by encouraging partnerships of 
arts and education specialists to enhance, expand, and document 
effective models for improving arts education and student achievement, 
including performance on State or local standardized tests. The program 
seeks to provide more communities with solid information regarding 
innovative models for effectively strengthening arts instruction, 
improving students' skills in creating, performing, and responding to 
works of art, and increasing student achievement in other academic 
subjects. By proposing that projects serve students in elementary or 
middle schools only, we intend for this program to provide a vehicle 
for including arts instruction in the core curriculum of elementary and 
middle schools in a seamless manner. Unlike high schools, elementary 
and most middle schools do not have separate art classes in their 
curriculum.

Requirements

Proposed Application Requirement

    We propose the following application requirement for this program:
    To be eligible for Arts in Education Model Development and 
Dissemination funds, applicants must propose to address the needs of 
low-income children by carrying out projects that serve at least one 
elementary or middle school in which 35 percent or more of the children 
enrolled are from low-income families (based on data used in meeting 
the poverty criteria set out in Title I, Section 1113(a)(5) of the 
Elementary and Secondary Education Act of 1965, as amended by the No 
Child Left Behind Act of 2001 (ESEA)).
    Rationale: Studies have found that improving the quality of arts 
education has a particularly positive impact on students from low-
income backgrounds. Unfortunately, students from low socioeconomic 
backgrounds are almost twice as likely to attend arts-poor schools. We 
propose this application requirement in an attempt to address the needs 
of low-income children.

Proposed Eligibility Requirement

    We propose the following eligibility requirement for this program:
    To be eligible to receive funding under the Arts in Education Model 
Development and Dissemination program, an applicant must be:
    (1) One or more LEAs, including charter schools that are considered 
LEAs under State law and regulations, that may work in partnership with 
one or more of the following:
     A State or local non-profit or governmental arts 
organization,
     A State educational agency (SEA) or regional educational 
service agency,
     An institution of higher education, or
     A public or private agency, institution, or organization, 
such as a community- or faith-based organization; or
    (2) One or more State or local non-profit or governmental arts 
organizations that must work in partnership with one or more LEAs and 
may partner with one or more of the following:
     An SEA or regional educational service agency,
     An institution of higher education, or
     A public or private agency, institution, or organization, 
such as a community- or faith-based organization.

    Note: If more than one LEA or arts organization wishes to form a 
consortium and jointly submit a single application, they must follow 
the procedures for group applications described in 34 CFR 75.127 
through 34 CFR 75.129 of the Education Department General 
Administrative Regulations.

    Rationale: The statute encourages collaborative activities with 
Federal agencies or institutions involved in arts education, arts 
educators, and organizations representing the arts,

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including State and local arts agencies involved in arts education. 
Prior competitions under this program have been open to applications 
from a variety of public and private education and arts organizations. 
We have received feedback from stakeholders that collaborative programs 
are being effectively managed by such entities. In addition, various 
types of organizations are in positions to effectively manage and 
evaluate model arts integration programs that serve needy school 
children.

Definitions

Proposed Definitions

    Several important terms associated with this program are not 
defined in the authorizing statute. We, therefore, propose, for the 
purpose of this program, to define the following terms:
    Arts includes music, dance, theater, media, and visual arts, 
including folk arts.
    Integrating means (i) encouraging the use of high-quality arts 
instruction in other academic/content areas and (ii) strengthening the 
place of the arts as a core academic subject in the school curriculum.
    Based on research, when used with respect to an activity or a 
program, means that, to the extent possible, the activity or program is 
based on the most rigorous theory, research, and evaluation available 
and is effective in improving student achievement and performance and 
other program objectives.

Executive Order 12866

    This notice of proposed priority, requirements, and definitions 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 notice of proposed 
priority, requirements, and definitions 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 notice of proposed priority, requirements, and 
definitions, we have determined that the benefits of the proposed 
priority, requirements, and definitions justify the costs.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.

Summary of Potential Costs and Benefits

    The potential costs associated with the proposed priority, 
requirements, and definitions in this notice are minimal while the 
benefits are significant. Grantees may incur some costs associated with 
completing the application process in terms of staff and partner time, 
copying, and mailing or delivery.
    The benefit of the proposed priority, requirements, and definitions 
in this notice is that grants supported under this program will be able 
to provide information on effective models. This information will be 
helpful to schools and communities looking for guidance on how to 
improve the educational performance of at-risk children and youth by 
providing arts education services and programs--especially programs 
incorporating arts education standards.

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 
action for this program.

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.

    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 84.351D Arts in 
Education Model Development and Dissemination)

    Program Authority: 20 U.S.C. 7271.

    Dated: January 7, 2005.
Nina Shokraii Rees,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. E5-122 Filed 1-12-05; 8:45 am]
BILLING CODE 4000-01-P