[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Pages 7085-7088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2601]


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DEPARTMENT OF EDUCATION


Tech-Prep Demonstration Program

AGENCY: Office of Vocational and Adult Education, Department of 
Education.

ACTION: Notice of proposed requirements and proposed selection 
criteria.

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SUMMARY: The Assistant Secretary for Vocational and Adult Education 
proposes requirements and selection criteria under the Tech-Prep 
Demonstration Program (TPDP), authorized by section 207 of the Carl D. 
Perkins Vocational and Technical Education Act of 1998 (Perkins III). 
The Assistant Secretary may use these requirements and selection 
criteria for a competition in fiscal year (FY) 2005 and later years. We 
take this action to clarify the Department's expectations regarding 
this program, so that TPDP-funded projects will help students, schools, 
and teachers in their efforts to improve student achievement, meet high 
standards for high school graduation, and increase enrollment and 
persistence rates in postsecondary education.

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

ADDRESSES: Address all comments about these proposed requirements and 
selection criteria to Laura Karl Messenger and Gwen Washington, U.S. 
Department of Education, OVAE, 400 Maryland Avenue, SW., Potomac Center 
Plaza, room 11028, Washington DC 20202-7241. If you prefer to send your 
comments through the Internet, use the following addresses: 
[email protected]; [email protected].
    You must include the term ``TPDP Proposed Requirements'' in the 
subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Laura Karl Messenger or Gwen 
Washington. Telephone: (202) 245-7840 or (202) 245-7790 or via Internet 
at [email protected] or [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 
requirements and selection criteria. To ensure that your comments have 
maximum effect in developing the notice of final requirements and 
selection criteria, we urge you to identify clearly the specific 
proposed requirement or selection criterion 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 these proposed 
requirements and selection criteria. 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 requirements and selection criteria in 
room 11028, 550 12th Street, 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 these proposed requirements and selection 
criteria. 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 requirements and selection criteria in a 
notice in the Federal Register. We will determine the final 
requirements and selection criteria after considering responses to this 
notice and other information available to the Department. This notice 
does not preclude us from proposing or using additional requirements or 
selection criteria, subject to meeting applicable rulemaking 
requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use one or more of these proposed requirements 
and selection criteria, we invite applications through a notice in 
the Federal Register.

Discussion of Proposed Requirements and Selection Criteria

    We propose to establish program requirements and selection criteria 
for the TPDP to clarify the Department's expectations regarding the 
program.

[[Page 7086]]

    Through the TPDP, the Department funds consortia described in 
section 204(a) of Perkins III to carry out tech-prep education projects 
that involve the location of a secondary school on the site of a 
community college, a business as a member of the consortium, and the 
voluntary participation of secondary school students.
    To be eligible for funding under the TPDP, a consortium must 
include at least one member in each of the following three categories:
    (1) A local educational agency, an intermediate educational agency, 
an area vocational and technical education school serving secondary 
school students, or a secondary school funded by the Bureau of Indian 
Affairs;
    (2) (a) A nonprofit institution of higher education that offers a 
2-year associate degree, 2-year certificate, or 2-year postsecondary 
apprenticeship program, or (b) a proprietary institution of higher 
education that offers a 2-year associate degree program; and
    (3) A business (see section 207(b)(1)(B) of Perkins III).
    Under the provisions of section 204(a)(1) of Perkins III, to be 
eligible for consortium membership both nonprofit and proprietary 
institutions of higher education, including institutions receiving 
assistance under the Tribally Controlled College or University 
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) and tribally controlled 
postsecondary vocational and technical institutions, must be qualified 
as institutions of higher education pursuant to section 102 of the 
Higher Education Act of 1965 (HEA).
    In addition, nonprofit institutions of higher education are 
eligible only if they are not prohibited from receiving assistance 
under HEA, title IV, part B (20 U.S.C. 1071 et seq.), pursuant to the 
provisions of section 435(a)(3) of HEA (20 U.S.C. 1083(a)). Proprietary 
institutions of higher education are eligible only if they are not 
subject to a default management plan required by the Secretary.
    Under the provisions of section 204(a)(2) of Perkins III, consortia 
may also include one or more: (1) Institutions of higher education that 
award baccalaureate degrees; (2) employer organizations; or (3) labor 
organizations.

Proposed Requirements

    To achieve the purposes of section 207 of Perkins III, we propose 
the following requirements. We may apply these requirements to any TPDP 
competition and to any projects funded in the future.
    (1) Each applicant must submit a signed consortium agreement 
(Agreement), providing evidence that each of the categories of 
membership required under section 207 of Perkins III has been satisfied 
and that each of the required members is eligible for membership under 
the provisions of Perkins III. The Agreement must contain a signature 
of commitment from each participating secondary school, community 
college, and business member, affirming that those entities have formed 
a consortium to develop, implement, and sustain a TPDP project as 
described under section 207 of Perkins III. The Agreement also must 
describe the roles and responsibilities of each consortium member 
within the proposed TPDP project. The format for the Agreement will be 
included in the application package.
    (2) Each applicant must submit a complete proposed project course 
sequence plan (Plan), for each program of study within the proposed 
TPDP project, to demonstrate how the proposed instructional program 
represents a sequential, four-year program of study that meets the 
specific criteria set forth in sections 202(a)(3) and 204(c) of Perkins 
III. The Plan must list the course sequence for each program of study 
within the proposed TPDP project, describing the specific academic and 
technical coursework required for all four years of the program. The 
Plan also must summarize program entrance requirements and specify the 
associate degree or postsecondary certificate to be earned upon 
completion of the program. The format for the Plan will be included in 
the application package.
    (3) Each applicant must provide evidence that a secondary school 
will be physically located on the site of a community college and will 
provide a complete program of academic and technical coursework at the 
community college that, at a minimum, meets State requirements for high 
school graduation. Students must be enrolled full-time in the high 
school on the community college campus. However, enrolled students may 
participate in extracurricular activities at their original high 
school. Proposed projects that involve only the ``virtual'' location of 
a secondary school on the site of a community college, and projects 
that involve only satellite community college sites located on the 
premises of secondary schools, are not eligible for support under this 
program.
    (4) Each applicant must provide an assurance that it will enroll 
its first student cohort and begin classes by September of the calendar 
year following the calendar year in which the grant award is made, and 
enroll its second, third, and fourth student cohorts by September of 
each subsequent year of the proposed TPDP project.
    (5) Each applicant must submit enrollment goals for the number of 
students in each student cohort to be enrolled in each year of the 
proposed TPDP project.
    (6) Each applicant must submit annual performance goals for each of 
the performance indicators discussed below. Successful applicants must 
reach agreement with us on their annual performance goals for each 
performance indicator. TPDP-funded projects will be required to use the 
following performance indicators to measure the progress of students in 
the TPDP-funded project--
    (a) Retention of high school juniors for their senior year in the 
TPDP-funded program of study;
    (b) Completion of one or more mathematics courses in addition to 
Algebra I, Algebra II, and Geometry by the time of high school 
graduation;
    (c) Completion of one or more science courses in addition to high 
school Biology and Chemistry by the time of high school graduation;
    (d) High school graduation;
    (e) Attainment of nine or more postsecondary credits by the time of 
high school graduation;
    (f) Enrollment in postsecondary education following high school 
graduation;
    (g) Reduction in the need for remediation in postsecondary 
education following high school; and
    (h) Attainment of a postsecondary degree or certificate.
    (7) Each applicant must submit a plan for annual project 
evaluations. Each evaluation must be conducted by an independent 
evaluator and must provide information to the members of the consortium 
and project staff that will be useful in gauging progress and 
identifying areas for improvement, particularly with regard to the 
required performance indicators.
    (8) Each applicant must provide an assurance that it will submit 
annual reports of anticipated enrollment that include the number of 
students in each cohort who will be enrolled for the subsequent year 
and, if that number differs from the enrollment goals for that year 
stated in the approved application, the reasons for such a difference. 
Each annual report of anticipated enrollment will be due at the end of 
April.
    (9) Each applicant must provide an assurance that it will submit 
annual project performance reports and a final

[[Page 7087]]

project performance report, that: Summarize the TPDP project's progress 
and significant accomplishments and provide data on the agreed-upon 
performance indicators and goals; identify barriers to continued 
progress and outline solutions; include the annual evaluation report 
that was prepared by the independent evaluator; and review plans for or 
progress towards sustained operations after the cessation of Federal 
support. Each annual performance report will be due within 90 days of 
the end of each project year and the final performance report will be 
due 90 days after the end of the project.
    Funded projects will be required to comply with all requirements 
adopted in the notice of final requirements and selection criteria to 
be published in the Federal Register. Failure to comply with any 
applicable program requirement may subject a grantee to special 
conditions, withholding, or termination.

Proposed Selection Criteria

    We propose to use the following selection criteria to evaluate 
applications for new grants under this program. We may apply these 
selection criteria to any TPDP competition in the future.

    Note: The maximum score for all of these criteria will be 100 
points. We will inform applicants of the points or weights assigned 
to each criterion and sub-criterion for any future competition in a 
notice published in the Federal Register. In addition to the points 
to be awarded to applicants based on the selection criteria adopted 
in the notice of final requirements and selection criteria to be 
published in the Federal Register, we will award additional points 
to applications that satisfy the criteria for special consideration 
under section 207(d)(3) of Perkins III and will inform applicants of 
the points assigned to the special consideration under section 
207(d)(3), in a notice published in the Federal Register.


    (1) Quality of the project design. In determining the quality of 
the design of the proposed project, we consider the following factors:
    (a) The extent to which the applicant demonstrates its readiness to 
implement a complete, career-oriented, four-year program of study, as 
evidenced by a formal articulation agreement concerning the structure, 
content, and sequence of all academic and technical courses to be 
offered in the proposed tech-prep program and, if applicable, the 
conditions under which dual credit will be awarded.
    (b) The extent to which the applicant's proposed secondary academic 
and technical course offerings and graduation requirements prepare 
students to enter postsecondary education without the need for 
remediation and are aligned with the entrance requirements for 
postsecondary degree and certificate programs.
    (c) The extent to which the proposed instructional program 
incorporates high academic standards that equal or exceed those 
established by the State and reflects industry-recognized skills and 
knowledge.
    (d) The extent to which the applicant demonstrates that consortium 
efforts will align the ninth-grade and tenth-grade curricula with 
proposed TPDP program entrance requirements, to ensure a sizable, 
qualified applicant pool for the proposed TPDP program.
    (e) The extent to which the applicant presents a detailed student 
recruitment plan that is likely to be effective in fulfilling the 
project's enrollment goals for each year of the project.
    (f) The extent to which the applicant demonstrates that it has 
designed a comprehensive academic and career counseling program for 
participating students at both the secondary and postsecondary levels 
and will provide specific support services to ensure students' 
persistence in the program to the attainment of a postsecondary degree 
or certificate.
    (g) The extent to which the applicant demonstrates that the 
business member(s) of the consortium and other area employers have 
agreed to provide structured work-based learning opportunities to TPDP 
students that are directly related to the proposed technical program(s) 
of study.
    (h) The extent to which the proposed project will provide intensive 
professional development, specifically designed to help achieve the 
goals of the program, for secondary and postsecondary instructors, 
counselors, and administrators involved in the program.
    (2) Quality of the management plan. In determining the quality of 
the management plan for the proposed project, we consider the following 
factors:
    (a) The extent to which the management plan outlines specific, 
measurable goals, objectives, and outcomes to be achieved by the 
proposed project.
    (b) The extent to which the management plan assigns responsibility 
for the accomplishment of project tasks to specific project personnel 
and provides timelines for the accomplishment of project tasks.
    (c) The extent to which the time commitments of the project 
director and other key personnel are appropriate and adequate to 
achieve the objectives of the proposed project.
    (3) Quality of project personnel. In determining the quality of 
project personnel, we consider the following factors:
    (a) The extent to which the applicant encourages applications for 
employment from members of groups that have traditionally been 
underrepresented based on race, color, national origin, gender, age, or 
disability.
    (b) The qualifications, including relevant training and experience, 
of the project director.
    (c) The qualifications, including relevant training and experience, 
of key project personnel, including teachers, counselors, 
administrators, and project consultants.
    (4) Adequacy of resources. In determining the adequacy of resources 
for the proposed project, we consider the following factors:
    (a) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the participating institutions.
    (b) The extent to which the budget is adequate and costs are 
reasonable in relation to the objectives and design of the proposed 
project.
    (5) Quality of the project evaluation. In determining the quality 
of the evaluation, we consider the following factors:
    (a) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate, will solicit input from all consortium 
members regarding program effectiveness, and will yield accurate and 
reliable data for each of the required performance indicators.
    (b) The extent to which the evaluation will produce reports or 
other documents at appropriate intervals to enable consortium members 
to use the data for planning and decision making for continuous program 
improvement.
    (c) The extent to which the independent evaluator possesses the 
necessary background and expertise to carry out the evaluation.

Executive Order 12866

    This notice 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 proposed actions in this 
notice are those resulting from statutory requirements and those we 
have determined as necessary for administering this program effectively 
and efficiently.

[[Page 7088]]

    In assessing the potential costs and benefits--both quantitative 
and qualitative `` of the actions proposed in this notice, we have 
determined that the benefits of the proposed requirements and selection 
criteria justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.

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.

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 84.353 Tech-Prep 
Demonstration Program)

    Program Authority: 20 U.S.C. 2376.

    Dated: February 4, 2005.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 05-2601 Filed 2-9-05; 8:45 am]
BILLING CODE 4000-01-P