[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16234-16236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6262]


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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 final priority, requirements, and definitions.

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SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement 
announces 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 are based on research and 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 students' academic performance, including their skills in 
creating, performing, and responding to the arts. We intend the 
priority, requirements, and definitions to enable the Department to 
award grants that increase the amount of information on effective 
models for arts education that is available nationally and that 
integrate the arts with standards-based education programs.

DATES: Effective Date: This priority and these requirements and 
definitions are effective April 29, 2005.

FOR FURTHER INFORMATION CONTACT: Diane Austin, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4W214, Washington, DC 20202-
5930. 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: The Arts in Education Model Development and 
Dissemination Grant program is authorized by Title V, Part D, Subpart 
15 of the Elementary and Secondary Education Act of 1965, as 
reauthorized by the No Child Left Behind Act of 2001 (ESEA). It 
provides resources that local educational agencies (LEAs) and other 
eligible applicants can use in pursuit of the objectives of the No 
Child Left Behind Act of 2001 (NCLB), which aims for all elementary and 
secondary students to achieve to high standards. This program provides 
an opportunity for eligible entities to implement and expand effective 
model programs in schools identified for improvement, corrective 
action, or restructuring under Title I, Part A of the ESEA.
    We published a notice of proposed priority, requirements, and 
definitions for this program in the Federal Register on January 13, 
2005 (70 FR 2397). The notice of proposed priority, requirements, and 
definitions included a discussion of the significant issues and 
analysis carried out in the determination of the priority, definitions, 
and application requirements. (See pages 2398 through 2399 of that 
notice.)
    Except for minor editorial revisions, there are no differences 
between the notice of proposed priority, requirements, and definitions 
and this notice of final priority, requirements, and definitions.

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed priority, 
requirements, and definitions, nine parties submitted comments. An 
analysis of the comments we received and our responses follows.
    We discuss substantive issues under the title of the priority, 
requirement, or definition to which they pertain. Generally, we do not 
address technical and other minor changes--and suggested changes that 
we are not authorized to make under the applicable statutory authority.

A. Proposed Priority

    Comment: One commenter stated that the priority should give 
preference to applicants in rural areas because, the commenter 
believes, rural areas with migrant populations and large second 
language populations are overlooked while a great deal of funding is 
directed to urban areas.
    Discussion: This program provides an opportunity for eligible 
entities to develop programs in schools, including schools identified 
for improvement, corrective action, or restructuring under Title I, 
Part A of the ESEA. One of the application selection criteria requires 
applicants to describe the extent to which specific gaps or weaknesses 
in services, infrastructure, or opportunities have been identified and 
will be addressed by the proposed project, including the nature and 
magnitude of those gaps or weaknesses. This criterion provides an 
opportunity for applicants, both urban and rural, to provide evidence 
of need. The criterion should thus give both urban and rural applicants 
an opportunity to receive funding.
    Change: None.
    Comment: One commenter suggested that the priority include 
professional development for teachers and teaching artists.
    Discussion: We agree that professional development for both 
teachers and teaching artists can be an important component of an arts 
education program. However, requiring that applicants include 
professional development for teachers and teaching artists would be too 
prescriptive. For example, not all high-quality projects might include 
the involvement of teaching artists in the project design, and not all 
projects might include professional development for both teachers and 
teaching artists. A broader priority is more appropriate.
    Change: None.
    Comments: One commenter suggested that the program be expanded to 
include high schools as well as elementary and middle schools to avoid 
the ``disconnect'' between middle and high school arts programs. Two 
additional comments, however, supported the priority as written.
    Discussion: We agree that arts education is important in high 
school, but believe that this program should continue to serve 
elementary and middle school only. High school students more frequently 
have the opportunity to take art classes from teachers who are highly 
qualified in their subject area. Elementary and middle school teachers 
often are required to include the arts standards as a part of the core 
curriculum even if they have little or no pre-service arts instruction. 
The priority as proposed, therefore, would increase the opportunity for 
students in elementary and middle school grades to receive high-quality 
arts-infused instruction.
    Change: None.

[[Page 16235]]

B. Proposed Application Requirement

    Comment: One commenter suggested that the percentage of low-income 
students in at least one of the elementary or middle schools to be 
served by the project be increased from 35 percent to 50 percent.
    Discussion: The requirement that at least one school receiving 
services have at least 35 percent of its students meeting the 
definition of ``low-income'' under Title I, Section 1113(a)(5) of the 
ESEA focuses the program on low-income schools, but allows a somewhat 
broader universe of schools to participate. We believe the smaller 
percentage requirement is appropriate for the purposes of this program.
    Change: None.

C. Proposed Definitions

    Comment: One commenter suggested that the definition of ``art'' 
include creative writing arts.
    Discussion: Creative writing is generally considered in the domain 
of the humanities and is not included in the National Arts Standards.
    Change: None.
    Comment: One commenter suggested that the definition of 
``integrating'' include ``(i) promoting the transfer of learning 
between the arts and other subjects through lessons with dual (arts and 
academic) learning objectives.''
    Discussion: Applicants will have the opportunity to develop 
projects with multiple learning objectives. We believe that the 
original definition, which is simpler and more flexible, will 
effectively promote the transfer of learning.
    Change: None.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, these requirements or these 
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 competitive preference priority (34 CFR 
75.105(c)(2)(i)); or (2) selecting an application that meets the 
competitive preference 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)).

Priority

    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 of students in elementary or middle school grades, 
including their skills in creating, performing, and responding to the 
arts.
    In order to meet this priority, an applicant must demonstrate that 
the model project for which it seeks funding (1) serves only elementary 
school or middle school grades, 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.

Requirements

Application Requirement

    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 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)).

Eligibility Requirement

    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.

Definitions

    As used in this notice--
    Arts includes music, dance, theater, media arts, 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 final 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 final 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 final priority, requirements, and 
definitions, we have determined that the benefits of the final 
priority, requirements, and definitions justify the costs.

[[Page 16236]]

    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.
    We summarized the costs and benefits of this regulatory action in 
the notice of proposed priority, requirements and definitions.

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 review 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 Grant Program.)

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

    Dated: March 24, 2005.
Michael J. Petrilli,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 05-6262 Filed 3-29-05; 8:45 am]
BILLING CODE 4000-01-P