[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Proposed Rules]
[Pages 2582-2586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-861]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Part 230

RIN 1855-AA04


Innovation for Teacher Quality

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Secretary proposes regulations prescribing criteria to be 
used in selecting eligible members of the Armed Forces to participate 
in the Troops-to-Teachers program and receive financial assistance. 
These proposed regulations would implement section 2303(c) of the 
Elementary and Secondary Education Act of 1965 (the Act), as amended by 
the No Child Left Behind Act of 2001 (NCLB). The proposed regulations 
also would define the terms ``high-need local educational agency'' and 
``public charter school'' in which a participant must agree to be 
employed under section 2304(a)(1)(B) of the Act, as amended by the 
NCLB.

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

ADDRESSES: Address all comments about these proposed regulations to 
Thelma Leenhouts, U.S. Department of Education, 400 Maryland Avenue, 
SW., room 4W302, FOB6, Washington, DC 20202-6140. If you prefer to send 
your comments through the Internet, you may address them to us at the 
U.S. Government Web site: http://www.regulations.gov.
    Or you may send your Internet comments to us at the following 
address: [email protected].
    You must include the term ``Troops program'' in the subject line of 
your electronic message.

FOR FURTHER INFORMATION CONTACT: Thelma Leenhouts. Telephone: (202) 
260-0223 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 these proposed 
regulations. To ensure that your comments have maximum effect in 
developing the final regulations, we urge you to identify clearly the 
specific section or sections of the proposed regulations that each of 
your comments addresses and to arrange your comments in the same order 
as the proposed regulations.
    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 these proposed 
regulations. 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 these proposed regulations in room 4W306, 400 Maryland 
Avenue, SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., 
Eastern

[[Page 2583]]

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 these proposed regulations. If you want to 
schedule an appointment for this type of aid, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT.

Background

    These proposed regulations would implement section 2303(c) of Title 
II, Part C, Subpart 1, Chapter A of the Act, as amended by the NCLB 
(Pub. L. 107-110), enacted January 8, 2002. Subpart 1, Transitions to 
Teaching, of Chapter A authorizes the Troops-to-Teachers program. Under 
this program, the Secretary of Education transfers funds to the 
Department of Defense for the Defense Activity for Non-Traditional 
Education Support (DANTES) to provide assistance, including stipends of 
up to $5,000, to eligible members of the Armed Forces so that they can 
obtain certification or licensing as elementary school teachers, 
secondary school teachers, or vocational/technical teachers and become 
highly qualified teachers by demonstrating competency in each of the 
subjects they teach. In addition, the program helps these participants 
find employment in high-need local educational agencies (LEAs) or 
public charter schools, and participants agree to teach in these LEAs 
or public charter schools for at least three years.
    Section 2303(d) of the Act, as amended by the NCLB, requires the 
Secretary, in selecting eligible service members, to give priority to 
members with educational or military experience in science, 
mathematics, special education, or vocational and technical education 
who agree to seek employment teaching those subjects. In addition, 
section 2303(c)(1) directs the Secretary to prescribe criteria to be 
used to select eligible members of the Armed Forces to participate in 
the program. These proposed regulations would implement the statutory 
directive in section 2303(c)(1) and provide a binding interpretation to 
resolve an ambiguity in the statute regarding the definition of a high-
need LEA and public charter school.
    These proposed regulations were developed in consultation with 
DANTES, which administers the Troop-to-Teachers program under a 
memorandum of agreement with the Department of Education.

Significant Proposed Regulations

    We discuss substantive issues under the sections of the proposed 
regulations to which they pertain.

Section 230.1 What Is the Troops-to-Teachers Program?

    Statute: The Act, as amended by the NCLB, provides for the 
Secretary of Education to transfer funds to DANTES to provide 
assistance, including stipends of up to $5,000, to an eligible member 
of the Armed Forces so that he or she can obtain certification or 
licensing as an elementary school teacher, secondary school teacher, or 
vocational/technical teacher and become a highly qualified teacher by 
demonstrating competency in each of the subjects he or she teaches. In 
addition, the statute provides for the Secretary to assist eligible 
members of the Armed Forces in finding employment in a high-need LEA or 
public charter school. It further provides that DANTES may pay bonuses 
in lieu of stipends to participants who agree to teach in high-poverty 
schools.
    Proposed Regulations: Section 230.1 provides a general description 
of the Troops-to-Teachers program.
    Reasons: The proposed regulation provides context for the proposed 
regulations that follow it.

Section 230.2 What Definitions Apply to the Troops-to-Teacher Program?

    Statute: Section 2303(c)(1) of the Act, as amended by the NCLB, 
directs the Secretary to prescribe criteria for the selection of 
eligible members of the Armed Forces to participate in the Troops-to-
Teachers program and receive financial assistance to become certified 
teachers. Section 2304(a)(1)(B) of the Act, as amended by the NCLB, 
requires program participants to enter into a participation agreement 
with the Secretary in which they agree, among other things, to accept 
an offer of full-time employment as an elementary school teacher, 
secondary school teacher, or vocational/technical teacher for not less 
than three school years with a high-need LEA or public charter school 
as such terms are defined in section 2101 of the Act. However, the 
statute's reference to section 2101 is clearly erroneous since the 
latter section describes the purpose of Title II, Part A and does not 
contain any definitions. Under these circumstances, there is ambiguity 
in the statute, which the Secretary is proposing to resolve through 
this rulemaking proceeding.
    Proposed Regulations: Section 230.2 of the proposed regulations 
would define the term ``high-need local educational agency'' as used in 
section 2304(a)(1)(B) to mean an LEA: (1) That serves not fewer than 
10,000 children from families with incomes below the poverty line; or 
(2) for which not less than 20 percent of the children served by the 
agency are from families below the poverty line; or (3) for which not 
less than 15 nor more than 19 percent of the children served by the 
agency are from families below the poverty line and that assigns all 
teachers receiving financial assistance through the Troops-to-Teachers 
program to high-need schools, as defined in section 2304(d)(3) of the 
Act, as amended by the NCLB.
    The proposed regulation would also define ``public charter school'' 
to mean a charter school as defined in section 5210(1) of the Act, as 
amended by the NCLB.
    Reasons: The proposed regulation would cure the absence of a 
definition for two terms, ``high-need local educational agency'' and 
``public charter school'', caused by the faulty reference to section 
2101 of the Act, which contains no definitions.
    The Act contains a definition of high-need LEA, but it is limited 
in application to certain provisions of Title II, specifically part A 
governing the Teacher and Principal Training and Recruitment Fund; part 
A, subpart C governing National Activities; and part C, subpart I, 
chapter B governing the Transition to Teaching Program. Specifically, 
section 2102(3) of the Act defines high-need LEA to mean: Those serving 
no fewer than 10,000 children from families with incomes below the 
poverty line, or those for which not less than 20 percent of the 
children served by the agency are from families with incomes below the 
poverty line; and for which there is a high percentage of (1) teachers 
not teaching in the academic subjects or grade levels that they were 
trained to teach, or (2) teachers with emergency, provisional, or 
temporary certification or licensing. The Secretary considers this 
definition to be unsuitable for the Troops-to-Teachers program because 
prior experience with job placements under the Troops-to-Teachers 
program indicates that it is too restrictive to permit the recruitment 
of eligible members of the Armed Forces to the program at an optimal 
level. Use of this definition results in a universe of agencies that is 
insufficiently broad to permit participants some reasonable degree of 
choice in employment opportunities that will satisfy their

[[Page 2584]]

three-year teaching commitments. Accordingly, to resolve the ambiguity 
in the statute, the Secretary is proposing to define ``high-need local 
educational agency'', as used in section 2304(a)(1)(B), to mean an LEA: 
(1) That serves not fewer than 10,000 children from families with 
incomes below the poverty line; or (2) for which not less than 20 
percent of the children served by the agency are from families with 
incomes below the poverty line; or (3) for which not less than 15 nor 
more than 19 percent of the children served by the agency are from 
families with incomes below the poverty line and that assigns all 
teachers funded by the Troops-to-Teachers program to high-need schools, 
as defined in section 2304(d)(3) of the Act.
    This definition is intended to balance the need to provide program 
participants with reasonable opportunities to satisfy their teaching 
commitments under the program and the need to target recruitment 
assistance to LEAs with the greatest need for that assistance.
    The definition of charter schools pertaining to Charter School 
Programs in section 5210(1) of the Act is appropriate for purposes of 
the Troops-to-Teachers program; consequently, the proposed regulation 
would incorporate that definition for the term ``public charter 
school.''

Section 230.3 What Criteria Does the Secretary Use To Select Eligible 
Participants in the Troops-to-Teacher Program?

    Statute: Section 2303(c)(1) of the Act directs the Secretary to 
prescribe criteria for the selection of eligible members of the Armed 
Forces (service members) to participate in the Troops-to-Teachers 
program.
    Proposed Regulations: Section 230.3 would establish the order of 
priority for selection and funding of eligible service members who 
enter into a participation agreement, as provided by section 2304 of 
the Act, to teach in a high-need LEA or a public charter school for at 
least three years. The Secretary would give first priority to all 
eligible individuals not presently in the teaching profession. Within 
that category of candidates, candidates would be selected in the 
following order of preference: (1) Individuals who will both obtain 
certification to teach science, mathematics, or special education and 
teach in high-need schools (as defined in section 2304(d)(3) of the 
Act); (2) individuals who will obtain certification to teach other 
subjects and will teach in high-need schools; (3) individuals who will 
obtain certification to teach science, mathematics, or special 
education or obtain certification to teach at the elementary level 
without committing to teach in a high-need school; and (4) individuals 
who will obtain certification in a subject other than science, 
mathematics and special education and will teach at the secondary level 
without committing to teach in a high-need school.
    After all eligible first-priority participants new to teaching are 
selected, the Secretary would give priority to all eligible service 
members currently employed as teachers who enter into a participation 
agreement as provided by section 2304 of the Act. These candidates 
would be selected in the following order of preference: (1) Individuals 
who will obtain certification to teach science, mathematics, or special 
education and teach in high-need schools (as defined in section 
2304(d)(3) of the Act); (2) individuals who will obtain certification 
to teach other subjects and will teach in high-need schools; (3) 
individuals who will obtain certification to teach science, 
mathematics, or special education, instead of the subjects they 
currently teach, but not in high-need schools; and (4) individuals 
currently teaching and seeking assistance to be deemed ``highly 
qualified'' by their State within the meaning of section 9101(23) of 
the Act.
    Reasons: It is the intent of these proposed criteria to give 
priority to attracting new members to the teaching profession from 
among eligible service members. To the extent that additional funds are 
available, in appropriate cases the criteria also permit the use of 
program funds as an inducement to retain eligible service members as 
existing teachers in the profession when they undertake an additional 
service commitment. Within each set of proposed priorities, the intent 
is to give priority to those willing both to teach in critical shortage 
fields--science, mathematics, or special education--and to teach in a 
high-need school, followed by those willing to teach other subjects in 
a high-need school and then those willing to teach in the critical 
shortage fields or in elementary education. The proposed priorities for 
those willing to teach science, mathematics, and special education 
encompass service members with educational or military experience in 
science, mathematics, special education, or vocational/ technical 
subjects who agree to seek employment as science, mathematics, or 
special education teachers as described in section 2303(d) of the Act.

Executive Order 12866

1. Potential Costs and Benefits

    Under Executive Order 12866, we have assessed the potential costs 
and benefits of this regulatory action.
    The potential costs associated with the proposed regulations are 
those resulting from statutory requirements and those we have 
determined to be necessary for administering this program effectively 
and efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this regulatory action, we have determined that the 
benefits would justify the costs.
    We have also determined that this regulatory action would not 
unduly interfere with State, local and tribal governments in the 
exercise of their governmental functions.

2. Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum on ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections? (A ``section'' is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example, 
Sec.  230.1 What is the Troops-to-Teachers program?)
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Department could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities.

[[Page 2585]]

These proposed regulations would affect only individuals wishing to 
participate in the Troops-to-Teachers program, and individuals are not 
defined as small entities in the Regulatory Flexibility Act.

Paperwork Reduction Act of 1995

    These proposed regulations do not contain any information 
collection requirements.

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.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether these 
proposed regulations would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.

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 84.815)

    The Secretary of Education has delegated authority to the Assistant 
Deputy Secretary for Innovation and Improvement to issue these proposed 
amendments to 34 CFR Chapter II.

List of Subjects in 34 CFR Part 230

    Armed forces, Education, Elementary and secondary education, 
Stipends, Teachers, Vocational education.

    Dated: January 11, 2005.
Nina Shokraii Rees,
Assistant Deputy Secretary for Innovation and Improvement.

    For the reasons discussed in the preamble, the Secretary proposes 
to amend title 34 of the Code of Federal Regulations by adding part 230 
to read as follows:

PART 230--Innovation for Teacher Quality

Subpart A--Troops-to-Teachers Program
Sec.
230.1 What is the Troops-to-Teachers program?
230.2 What definitions apply to the Troops-to-Teacher program?
230.3 What criteria does the Secretary use to select eligible 
participants in the Troops-to-Teachers program?
Subpart B--[Reserved]

    Authority: 20 U.S.C. 1221e-3, 3474, and 6671-6684, unless 
otherwise noted.
Subpart A--Troops-to-Teachers program


Sec.  230.1  What is the Troops-to-Teacher program?

    Under the Troops-to-Teachers program, the Secretary of Education 
transfers funds to the Department of Defense for the Defense Activity 
for Non-Traditional Education Support (DANTES) to provide assistance, 
including a stipend of up to $5,000, to an eligible member of the Armed 
Forces so that he or she can obtain certification or licensing as an 
elementary school teacher, secondary school teacher, or vocational/
technical teacher and become a highly qualified teacher by 
demonstrating competency in each of the subjects he or she teaches. In 
addition, the program helps the individual find employment in a high-
need local educational agency or public charter school. In lieu of a 
stipend, DANTES may pay a bonus of $10,000 to a participant who agrees 
to teach in high-poverty school.

(Authority: 20 U.S.C. 1221e-3, 3474, and 6671-6677)


Sec.  230.2  What definitions apply to the Troops-to-Teacher program?

    As used in this subpart--
    Act means the Elementary and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 2001.
    High-Need Local Educational Agency as used in section 2304(a) of 
the Act means a local educational agency--
    (1) That serves not fewer than 10,000 children from families with 
incomes below the poverty line; or
    (2) For which not less than 20 percent of the children served by 
the agency are from families with incomes below the poverty line; or
    (3) For which not less than 15 nor more than 19 percent of the 
children served by the agency are from families with incomes below the 
poverty line and that assigns all teachers funded by the Troops-to-
Teachers program to a high-need school as defined in section 2304(d)(3) 
of the Act for the duration of their service commitment under the Act.

(Authority: 20 U.S.C. 1221e-3, 3474, and 6672(c)(1))

    Public Charter School means a charter school as defined in section 
5210(1) of the Act.


Sec.  230.3  What criteria does the Secretary use to select eligible 
participants in the Troops-to-Teacher program?

    (a) The Secretary establishes the following criteria for the 
selection of eligible participants in the Troops-to-Teachers program in 
the following order:
    (1) First priority is given to eligible service members who are not 
employed as an elementary or secondary school teacher at the time that 
they enter into a participation agreement with the Secretary under 
section 2304(a) of the Act, which requires participants to teach in a 
high-need local educational agency (LEA) or public charter school for 
at least three years, who will be selected in the following order:
    (i) Those who agree to obtain certification to teach science, 
mathematics, or special education and who agree to teach in a ``high-
need school'' as defined in section 2304(d)(3) of the Act.
    (ii) Those who agree to obtain certification to teach another 
subject or subjects and who agree to teach in a ``high-need school'' as 
defined in section 2304(d)(3) of the Act.
    (iii) Those who agree to obtain certification to teach science, 
mathematics, or special education or obtain certification to teach at 
the elementary school level.
    (iv) All other eligible applicants.
    (2) After all eligible first-priority participants are selected, 
second priority is given to eligible service members who are employed 
as an elementary or secondary school teacher at the time that they 
enter into a new participation agreement with the Secretary under 
section 2304(a) of the Act, which requires participants to teach in a 
high-need local educational agency (LEA) or public charter school for 
at least three years, who will be selected in the following order:
    (i) Those who agree to obtain certification to teach science, 
mathematics or special education rather

[[Page 2586]]

than the subjects they currently teach and who agree to teach in a 
``high-need school'' as defined in section 2304(d)(3) of the Act.
    (ii) Those who agree to obtain certification to teach another 
subject or subjects and who agree to teach in a ``high-need school'' as 
defined in section 2304(d)(3) of the Act.
    (iii) Those who agree to obtain certification to teach science, 
mathematics, or special education rather than the subjects they 
currently teach.
    (iv) All others seeking assistance necessary to be deemed ``highly 
qualified'' by their State within the meaning of section 9101(23) of 
the Act.
    (b) [Reserved]

(Authority: 20 U.S.C. 1221e-3, 3474, and 6672(c)(1))

[FR Doc. 05-861 Filed 1-13-05; 8:45 am]
BILLING CODE 4000-01-P