[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13217-13219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4960]


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DEPARTMENT OF EDUCATION


Migrant Education Program Consortium Incentive Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice of final priority.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
announces the addition of an eighth absolute priority to the seven 
current absolute priorities for the Migrant Education Program (MEP) 
Consortium Incentive Grant (CIG) program established in the notice of 
final requirements published in the Federal Register on March 3, 2004 
(69 FR 10110) (March 2004 notice). The Assistant Secretary may use this 
proposed absolute priority and the absolute priorities established in 
the March 2004 notice for competitions in fiscal year (FY) 2008 and 
later years. We take this action to give State educational agencies 
(SEAs) the option to propose consortium arrangements that address the 
educational attainment needs of out-of-school migratory youth whose 
education is interrupted.

DATES: Effective Date: This priority is effective April 11, 2008.

FOR FURTHER INFORMATION CONTACT: Alejandra Velez-Paschke, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3E249, LBJ, 
Washington, DC 20202-6135. Telephone: (202) 260-2834 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 can obtain this document in an 
alternative

[[Page 13218]]

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: The MEP CIG program is authorized under section 1308(d) 
of the Elementary and Secondary Education Act of 1965, as amended by 
the No Child Left Behind Act of 2001 (ESEA). The CIG program provides, 
on a competitive basis, incentive grants to the SEAs receiving MEP 
Basic Formula Grant awards that participate in high-quality consortium 
arrangements with another State or appropriate entity. The purpose of 
these grants is to improve the delivery of services to migratory 
children whose education is interrupted.
    In the March 2004 notice, the Department established seven absolute 
priorities for the CIG that promote key national objectives. SEAs that 
have sought funding under the CIG have had to propose a consortium that 
addressed one or more of these absolute priorities. These seven 
absolute priorities are--
    (1) Services designed to improve the proper and timely 
identification and recruitment of eligible migratory children whose 
education is interrupted;
    (2) Services designed (based on a review of scientifically based 
research) to improve the school readiness of pre-school-aged migratory 
children whose education is interrupted;
    (3) Services designed (based on a review of scientifically based 
research) to improve the reading proficiency of migratory children 
whose education is interrupted;
    (4) Services designed (based on a review of scientifically based 
research) to improve the mathematics proficiency of migratory children 
whose education is interrupted;
    (5) Services designed (based on a review of scientifically based 
research) to decrease the dropout rate of migratory students whose 
education is interrupted and improve their high school completion rate;
    (6) Services designed (based on a review of scientifically based 
research) to strengthen the involvement of migratory parents in the 
education of migratory students whose education is interrupted; and
    (7) Services designed (based on a review of scientifically based 
research) to expand access to innovative educational technologies 
intended to increase the academic achievement of migratory students 
whose education is interrupted.
    We published a notice of proposed priority for this program in the 
Federal Register on November 20, 2007 (72 FR 65316). The notice of 
proposed priority included a discussion of the significant issues 
surrounding the educational attainment of out-of-school migratory 
youth. The notice of proposed priority, along with the notice of final 
requirements published in the Federal Register on March 3, 2004 (69 FR 
10110), would have allowed SEAs, based on the needs of migratory 
children in their respective consortium States, to seek CIG program 
funding for consortium activities that addressed any one or more of the 
eight absolute priorities.
    There are no differences between the notice of proposed priority 
and this notice of final priority.

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed priority, 
two parties submitted comments on the proposed priority. An analysis of 
the comments and of any changes in the priority since publication of 
the notice of proposed priority 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. We also do not address comments 
pertaining to issues that were not within the scope of the notice of 
proposed priority.
    Comment: One commenter expressed concern that the inclusion of this 
absolute priority would result in taxpayer dollars being used to 
provide services to individuals who do not have the necessary legal 
documentation to reside or work in the United States.
    Discussion: The Secretary appreciates the commenter's concern. 
However, documentation of legal status is not a requirement of the MEP, 
the CIG Program, or any other Federal elementary or secondary education 
program. In order to be eligible, and therefore to receive services, 
under Title I, Part C of the ESEA (under which the MEP CIG Program is 
authorized), a child or youth must only meet the definition of 
``migratory child'' as outlined in the statute; proof of legal 
residency or legal work status is not required.
    Changes: None.
    Comments: Another commenter expressed general agreement with the 
need to serve out-of-school migratory youth, but asserted that the 
public school system is not the appropriate entity for administering 
CIG Program services for this population. The commenter maintained that 
it would be too difficult for the public school system to serve those 
migratory children both enrolled and not enrolled in school. The 
commenter suggested junior colleges or private entities as more 
adequate administrators of the program.
    Discussion: The Secretary does not agree that public school systems 
should be prohibited from operating CIG Program services under the 
eighth priority. SEAs, not local school districts, administer both the 
MEP and the CIG Program. Accordingly, SEAs have the statutory authority 
to operate these CIG Programs directly or through local operating 
agencies, which may include school districts, institutions of higher 
education, or any other public or nonprofit private agency with which 
the SEA makes an arrangement. The Secretary does not want to limit, in 
this eighth absolute priority, the authority of SEAs to select those 
entities they want to operate CIG Program services designed to improve 
the educational attainment of out-of-school migratory youth. Rather, 
the Secretary believes that SEAs will be able to choose the entities 
that they believe will be most effective in providing these CIG Program 
services. Thus, we decline to make the change recommended by the 
commenter.
    Changes: None.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this or any of the other seven absolute 
priorities, we invite applications through a notice in the Federal 
Register. Under an absolute priority we consider only applications 
that meet the priority (34 CFR 75.105(c)(3)).

    Priority: Services designed (based on a review of scientifically 
based research) to improve the educational attainment of out-of-school 
migratory youth whose education is interrupted.

Executive Order 12866

    This notice of final priority 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 
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, we have determined 
that the benefits of the final priority justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal

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governments in the exercise of their governmental functions.
    We fully discussed the costs and benefits in the notice of proposed 
priority.

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 84.144 Migrant 
Education Coordination Program)

    Program Authority: 20 U.S.C. 6398(d).

    Dated: March 7, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. E8-4960 Filed 3-11-08; 8:45 am]
BILLING CODE 4000-01-P