[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Pages 25556-25559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9618]


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

DEPARTMENT OF EDUCATION


School Dropout Prevention Program

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

ACTION: Notice of proposed priorities, requirements, definitions, and 
selection criteria.

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

SUMMARY: The Assistant Secretary for Vocational and Adult Education 
proposes priorities, requirements, definitions, and selection criteria 
under the School Dropout Prevention (SDP) program. The Assistant 
Secretary may use one or more of these priorities, requirements, 
definitions, and selection criteria for competitions in fiscal year 
(FY) 2005 and later years. We intend the priorities, requirements, 
definitions, and selection criteria to strengthen the quality of 
applications and provide greater understanding of the Department's 
intent regarding the direction of this program.

DATES: We must receive your comments on or before June 13, 2005.

ADDRESSES: Address all comments about these proposed priorities, 
requirements, definitions, and selection criteria to Valerie Randall-
Walker, U.S. Department of Education, 400 Maryland Avenue, SW., Potomac 
Center Plaza, room 11081, Washington, DC 20202-7241. If you prefer to 
send your comments through the Internet, use the following address: 
[email protected].
    You must include the phrase ``SDP Comments'' in the subject line of 
your electronic message.

FOR FURTHER INFORMATION CONTACT: Valerie Randall-Walker. Telephone: 
(202) 245-7794.
    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 
priorities, requirements, definitions, and selection criteria. To 
ensure that your comments have maximum effect in developing the notice 
of final priorities, requirements, definitions, and selection criteria, 
we urge you to identify clearly the specific priority, requirement, 
definition, 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 
priorities, requirements, definitions, 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 priorities, requirements, definitions, 
and selection

[[Page 25557]]

criteria at 550 12th Street, SW., Potomac Center Plaza, room 11081, 
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 priorities, requirements, 
definitions, 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.

Background

    With the enactment of the No Child Left Behind Act of 2001 (NCLB), 
our nation made a commitment to closing the achievement gap between 
disadvantaged and minority students and their peers and to changing the 
culture of America's schools so that all students receive the support 
and high-quality instruction they need to meet higher expectations. A 
critical part of this challenge, at the high school level, is reducing 
the number of young people who disengage and drop out of school. As 
several recent national studies have found, a staggering number of 
youth fail to graduate on time.
    The complexity of the dropout problem requires the attention of 
multiple agencies because numerous factors contribute to a student's 
decision to drop out. Therefore, successful dropout prevention and 
reentry activities should involve many agencies and community 
organizations and institutions in strong collaborative activities. By 
combining their expertise and resources, these entities can achieve 
much more than they could individually. Through these proposed 
priorities, requirements, definitions, and selection criteria, we 
propose to limit eligibility for SDP funding to State educational 
agencies (SEAs) and, under Priority #1, to require an SEA to partner 
with at least one other agency in its efforts to reduce the dropout 
rate in high schools (grades 9-12) where the annual dropout rate 
exceeds the State average.
    Another vital element for successful dropout prevention and reentry 
programs is the early identification of at-risk students and the 
implementation of a customized set of services and interventions that 
address the needs of those students. We propose Priority #2 to require 
applicants to work with local educational agencies (LEAs) to use the 
State's eighth grade assessment to identify those students who could 
benefit from intensive early assistance. We believe that by 
incorporating these strategies into the SDP program, the Department 
would make grants to SEAs for activities that have the highest 
probability of reducing dropout rates.
    We will announce the final priorities, requirements, definitions, 
and selection criteria in a notice in the Federal Register. We will 
determine the final priorities, requirements, definitions, 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 priorities, requirements, 
definitions, 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 these proposed priorities, requirements, 
definitions, and selection criteria, we invite applications through 
a notice in the Federal Register. When inviting applications we 
designate each 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)).

Proposed Priorities

Proposed Priority 1--Collaboration with Other Agencies

    Under this priority, an applicant must include in its application 
evidence that other public or private entities will be involved in, or 
provide financial support for, the implementation of the activities 
described in the application. Applicants may involve such State 
agencies as those responsible for administering postsecondary 
education, Title I of the Workforce Investment Act, Temporary 
Assistance for Needy Families, Medicaid, the State Children's Health 
Insurance Program, foster care, juvenile justice, and others. 
Applicants also may collaborate with business and industry, civic 
organizations, foundations, and community- and faith-based 
organizations, among other private-sector entities. Acceptable evidence 
of collaboration is a memorandum of understanding or other document 
signed by the principal officer of each participating agency that 
identifies (1) how the agency will be involved in the implementation of 
the project or (2) the financial resources (cash or in-kind) that it 
will contribute to support the project, or both.
    Rationale: The development and implementation of an effective, 
sustainable, and coordinated statewide school dropout prevention and 
reentry program requires significant participation by other public or 
private entities. Students drop out for a myriad of reasons, some of 
which are beyond the control of schools. The resources and expertise of 
health, juvenile justice, social services, workforce development, and 
other agencies can make a powerful contribution to improving student 
retention in and completion of high school. Business and industry, 
community- and faith-based organizations, and other private entities 
also can play valuable roles in a comprehensive dropout prevention and 
reentry strategy.

Proposed Priority 2--Individual Performance Plans for At-Risk Incoming 
Ninth Grade Students

    Under this priority, an applicant must propose to work with LEAs to 
assist schools in using eighth grade assessment and other data to 
develop and implement (in consultation with parents, teachers, and 
counselors) individual performance plans for students entering the 
ninth grade who are at risk of failing to meet challenging State 
academic standards and of dropping out of high school. The plans would 
identify specific interventions to improve the academic achievement of 
these students and other supports and services they need in order to 
succeed in high school.
    Rationale: Though junior high schools and middle schools have 
extensive information about the academic achievement and special needs 
of their students, this information often does not follow students 
immediately as they enter ninth grade. Too frequently, the

[[Page 25558]]

special needs of at-risk students entering the ninth grade go 
unrecognized by school administrators and teachers until well into the 
academic year. Academic assessment and other relevant data about each 
entering ninth grade student should be immediately and readily 
accessible to high school administrators, teachers, and counselors at 
the start of the school year so that they can identify at-risk students 
and devise a customized set of services and interventions to help them 
succeed.

Proposed Additional Requirements

    The Assistant Secretary proposes the following requirements for the 
SDP program. We may apply these requirements in any year in which this 
program is in effect.

Proposed Eligibility Requirement--State Educational Agencies

    The Secretary proposes that to be eligible for funding under this 
program, an applicant must be an SEA.
    Rationale: Federal resources under this program can be used most 
effectively to improve high school completion rates by using those 
resources to support the implementation of comprehensive, statewide 
strategies by SEAs. Under this approach, high schools within a State 
that have dropout rates above the State average would receive technical 
assistance and support from an SEA that receives funding through the 
SDP program. Awarding grants to a small number of LEAs would have a far 
more limited impact.

Proposed Evaluation Requirements

    We propose to require that each applicant include in its 
application a plan to support an independent, third-party evaluation of 
its SDP project and that the applicant reserve not less than 10 percent 
of its grant award for this evaluation. We propose that, at a minimum, 
the evaluation must--
    (a) Be both formative and summative in nature;
    (b) Include performance measures that are clearly related to the 
intended outcomes of the project and the Government Performance and 
Results Act (GPRA) indicators for the SDP program described elsewhere 
in this notice;
    (c) Measure the effectiveness of the project, including a 
comparison between the intended and observed results and, if 
appropriate, a demonstration of a clear link between the observed 
results and the specific treatment given to project participants;
    (d) Measure the extent to which the SEA implements an effective, 
sustainable, and coordinated school dropout prevention and reentry 
program; and
    (e) Measure the extent to which the project implements research-
based strategies and practices.
    In addition, we propose to require that applicants submit their 
proposed project evaluation designs to the Department for review and 
approval prior to the end of the second month of the project period.
    We also propose that each evaluation include (i) an annual report 
for each of the first two years of the project period, and (ii) a final 
report that would be completed at the end of the third year of 
implementation and that would include information on implementation 
during the third year as well as information on the implementation of 
the project across the entire project period. We would require each 
grantee to submit each of these annual reports to the Department along 
with its required annual performance report.
    Rationale: The implementation of an effective, sustainable, and 
coordinated statewide school dropout prevention and reentry program is 
difficult and complex work that requires coordinating a variety of 
activities with multiple entities. An evaluation that provides regular 
feedback on the progress of implementation and the project's outcomes 
can help the SEA identify successes and areas in which improvement is 
needed.

Proposed Performance Measures Requirements

    Under the GPRA, the Department is currently using the following two 
performance measures to assess the effectiveness of the SDP program: 
(1) the dropout rate in schools receiving program funds, and (2) the 
percentage of students reentering schools who complete their secondary 
education. Applicants for a grant under this program are advised to 
consider these two performance measures in conceptualizing the approach 
and evaluation of their proposed project. To assist the Department in 
assessing progress under the first measure, we propose that an 
applicant use its State event dropout rate as the GPRA indicator and 
submit, as part of its application to the Department, a projected State 
event dropout rate for each year of the project. If funded, applicants 
would then be asked to collect and report data for these indicators in 
their performance and final reports for each year of the project. We 
will notify grantees if they will be required to provide any additional 
information related to the two measures.

Proposed Requirements for Accountability for Results

    We propose to require applicants to identify in their applications 
at least two specific performance indicators and annual performance 
objectives for the schools that receive services and technical 
assistance through projects funded under this program in addition to 
the two GPRA indicators. Applicants may identify and report on 
additional student indicators, such as graduation rates; year-to-year 
retention; rates of average daily attendance; the percentage of 
secondary school students who score at the proficient or advanced 
levels on the reading/English language arts and mathematics assessments 
used by the State to measure adequate yearly progress under part A of 
title I of the Elementary and Secondary Education Act of 1965, as 
amended (ESEA); student achievement and gains in English proficiency; 
and the incidence of school violence, drug and alcohol use, and 
disciplinary actions.
    We propose to require applicants to identify annual performance 
objectives for the two GPRA indicators and the two additional 
indicators identified in the application. The Department intends to 
negotiate these performance levels with potential grantees.
    We are proposing that applicants identify all outcomes in their 
evaluation plan that are relevant to the scope of the project and will 
assist in continuous improvement of the services offered.

Proposed Definitions

    In addition to the definitions in the authorizing statute and 34 
CFR 77.1, we propose that the following definitions also apply to this 
program. We may apply these definitions in any year in which we conduct 
a SDP competition.
    High school dropout means an individual who
    (a) Was enrolled in a district in grades 9-12 at some time during 
the preceding school year;
    (b) Was not enrolled at the beginning of the current school year;
    (c) Has not graduated or completed a program of studies by the 
maximum age established by a State;
    (d) Has not transferred to another public school district or to a 
nonpublic school or to a State-approved educational program; and
    (e) Has not left school because of death, illness, or a school-
approved absence.
    State event dropout rate means the dropout rate calculated by 
dividing the number of high school dropouts (as defined elsewhere in 
this notice) in the State by the total number of students

[[Page 25559]]

enrolled in grades 9 through 12 in public schools in the State during 
the current school year. This calculation is based upon the annual 
school event dropout rate calculation of the National Center for 
Education Statistics' Common Core of Data.
    School event dropout rate means the dropout rate calculated by 
dividing the number of high school dropouts (as defined elsewhere in 
this notice) in a school by the total number of students enrolled in 
grades 9 through 12 in that school during the current school year.

Proposed Selection Criteria

    In addition to the selection criteria to be selected by the 
Department from among the criteria in 34 CFR part 210, we propose to 
use the following selection criteria to evaluate applications for new 
grants under this program. We may apply these criteria in any year in 
which we conduct a SDP competition.
    Quality of project design. In determining the quality of the 
project design, we will consider the extent to which--
    (a) The applicant demonstrates its readiness to implement a 
comprehensive and coordinated statewide dropout and reentry program;
    (b) The activities described in the application are evidence-based 
and likely to be successful in improving the graduation rate within the 
State, particularly among youth who are at the greatest risk of 
dropping out;
    (c) Other public and private agencies will support and participate 
in the implementation of the proposed project; and
    (d) The technical assistance activities that will be undertaken by 
the applicant are likely to be successful in helping local educational 
agencies use eighth grade assessment and other data to develop 
individual performance plans for entering ninth graders who are at risk 
of failing to meet challenging State academic standards and of dropping 
out of high school.
    Adequacy of resources. In determining the adequacy of resources for 
the proposed project, we consider the following factors:
    (a) The extent of the cash or in-kind support the SEA will provide.
    (b) The extent of the cash or in-kind support other public and 
private agencies will contribute to the implementation of the proposed 
project.
    Quality of the management plan. In determining the quality of the 
management plan for the proposed project, we consider the following:
    (a) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including the extent 
to which the plan clearly defines the roles and responsibilities of 
each agency and its key personnel and establishes detailed timelines 
and milestones for accomplishing each of the project tasks.
    Quality of the project evaluation. In determining the quality of 
the evaluation, we consider the following factors:
    (a) Whether the independent third-party evaluator identified in the 
application has the necessary background and expertise to carry out the 
evaluation.
    (b) The extent to which the methods of evaluation will yield 
accurate and reliable data for each of the required performance 
indicators.
    (c) The extent to which the evaluation will produce reports or 
other documents at appropriate intervals to enable the agencies, 
organizations, or institutions participating in the project to use the 
data for planning and decision-making for continuous program 
improvement.

Executive Order 12866

    This notice of proposed priorities, requirements, definitions, and 
selection criteria 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 
priorities, requirements, definitions, and selection criteria 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 priorities, requirements, 
definitions, and selection criteria, we have determined that the 
benefits of the proposed priorities, requirements, definitions, 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.access.gpo.gov/nara/index/html.


(Catalog of Federal Domestic Assistance Number 84.360A School 
Dropout Prevention Program)

    Program Authority: 20 U.S.C. 6561-6561d.

    Dated: May 9, 2005.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 05-9618 Filed 5-12-05; 8:45 am]
BILLING CODE 4000-01-P