[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Pages 39499-39502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13579]


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

DEPARTMENT OF EDUCATION


School Dropout Prevention Program

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

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

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

SUMMARY: The Assistant Secretary for Vocational and Adult Education 
announces 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 take this action to further the purpose 
of the SDP program, which is to support the development and 
implementation of effective, sustainable, and coordinated school 
dropout prevention and reentry programs.

DATES: These final priorities, requirements, definitions, and selection 
criteria are effective August 8, 2005.

FOR FURTHER INFORMATION CONTACT: Valerie Randall-Walker, U.S. 
Department of Education, 400 Maryland Avenue, SW., Potomac Center 
Plaza, room 11081, Washington, DC 20202-7241. Telephone: (202) 245-7794 
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: 

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 priorities, 
requirements, definitions, and selection criteria, we limit eligibility 
for SDP funding to State educational agencies (SEAs) and, under 
Priority 1, give priority to an SEA that partners with other public or 
private agencies in its efforts to reduce the dropout rate in high 
schools (grades 9 through 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

[[Page 39500]]

interventions that address the needs of those students. Priority 2 
supports projects in which applicants work with local educational 
agencies (LEAs) to use eighth grade assessment and other data to 
identify those students who could benefit from intensive early 
assistance. We intend that, by incorporating these strategies into the 
SDP program, the Department will make grants to SEAs for activities 
that have the highest probability of reducing dropout rates.
    We published a notice of proposed priorities, requirements, 
definitions, and selection criteria for this program in the Federal 
Register on May 13, 2005 (70 FR 25556) (NPP). Except for minor 
editorial and technical revisions, there are no differences between the 
NPP and this notice of final priorities, requirements, definitions, and 
selection criteria (NFP).

Analysis of Comments and Changes

    In response to our invitation in the NPP, two parties submitted 
three comments on the proposed priorities. An analysis and discussion 
of the comments and our responses follows.
    Generally, we do not address technical and other minor changes and 
suggested changes the law does not authorize us to make under the 
applicable statutory authority.
    Comment: One commenter asked whether SEAs could partner with 
juvenile justice or other criminal justice agencies to satisfy the 
collaboration requirement of the SDP project.
    Discussion: As specified in the NPP, juvenile justice or criminal 
justice agencies are among the agencies with which SEAs may partner in 
carrying out the SDP project.
    Changes: None.
    Comments: One commenter asked whether applicants could consider 
information other than eight grade assessment data to identify students 
who are at risk of failing to meet challenging State academic standards 
and dropping out of high school. The commenter also suggested that we 
identify specific factors that may place a student ``at-risk'' in the 
Requirements or Definitions section.
    Discussion: Priority 2 supports projects in which applicants work 
with LEAs to assist schools in using eighth grade assessment and other 
data to develop and implement individual performance plans for students 
who are at risk of failing to meet challenging State academic standards 
and of dropping out of school. It does not limit applicants to using 
only eighth grade assessment data to identify students who may need 
assistance. Although researchers have identified a large number of non-
academic ``risk'' factors that appear to be correlated with dropping 
out of high school, such as, for example, having a sibling who has 
dropped out of school or a parent who receives public assistance, there 
is little consensus about the relative significance of these factors or 
a good understanding of how they may interact with other observed and 
unobserved factors that may contribute to an individual's decision to 
drop out of high school. We decline, therefore, to require or encourage 
applicants to use any specific non-academic ``risk'' factors in 
identifying students for whom the development of individual performance 
plans is appropriate. We defer to applicants to determine what 
information they will use in addition to eighth grade assessment data 
to identify students who are at-risk of failing to meet State academic 
standards and dropping out of high school.
    Changes: None.
    Comment: One commenter suggested amending the definition of a high 
school dropout to clarify that it excludes individuals who may not only 
have formally transferred to another public school district, a 
nonpublic school, or a State-approved educational program, but who may 
have enrolled in one of these three alternatives.
    Discussion: Section 1829 of the Elementary and Secondary Education 
Act, as amended (ESEA) requires applicants to use the annual event 
school dropout rate as determined in accordance with the National 
Center for Education Statistics' (NCES') Common Core of Data. SEAs must 
use funds awarded under this program to support activities in schools 
that have annual school event dropout rates higher than the State 
average event dropout rate. The definition that must be used in this 
competition is the definition used by NCES.
    Changes: None.

    Note: This notice does not solicit applications. In any year in 
which we choose to use these 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)).

Priorities

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.

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

    Under this priority, an applicant must 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 must 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.

Additional Requirements

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

[[Page 39501]]

Eligibility Requirement--State Educational Agencies

    To be eligible for funding under this program, an applicant must be 
an SEA, as defined in 34 CFR 77.1.

Evaluation Requirements

    We 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. 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, applicants must 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.
    Each evaluation must 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. Each grantee must submit each of these annual 
reports to the Department along with its required annual performance 
report.

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, an applicant must 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 this indicator 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.

Requirements for Accountability for Results

    Applicants must 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.
    Applicants must 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.
    Applicants must 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.

Definitions

    In addition to the definitions in the authorizing statute and 34 
CFR 77.1, 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 through 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, a 
nonpublic school, or 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 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.

Selection Criteria

    We establish the following selection criteria to evaluate 
applications for new grants under this program. We may apply these 
selection criteria in any year 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

[[Page 39502]]

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 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 SDP Project Evaluation

    In determining the quality of the evaluation, we consider the 
following factors:
    (a) The extent to which the methods of evaluation 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 the agencies, 
organizations, or institutions participating in the project to use the 
data for planning and decisionmaking for continuous program 
improvement.
    (c) Whether the independent third-party evaluator identified in the 
application has the necessary background and expertise to carry out the 
evaluation.

Executive Order 12866

    This NFP 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 NFP 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 NFP, we have determined that the benefits of 
the NFP 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.

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.


    Program Authority: 20 U.S.C. 6551, et seq.


(Catalog of Federal Domestic Assistance Number 84.360A School 
Dropout Prevention Program)
    Dated: July 5, 2005.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 05-13579 Filed 7-7-05; 8:45 am]
BILLING CODE 4000-01-P