[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Notices]
[Pages 17341-17344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6689]


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DEPARTMENT OF EDUCATION


Migrant Education Coordination Program--Migrant Student 
Information Exchange (MSIX) State Data Quality Grants

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

ACTION: Notice of proposed requirements.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
proposes to establish requirements for Migrant Student Information 
Exchange (MSIX) State Data Quality grants funded under section 1308(b) 
of Title I, Part C of the Elementary and Secondary Education Act of 
1965 (ESEA), as amended by the No Child Left Behind Act of 2001. 
Subject to the availability of funds in any fiscal year, the Department 
would use the requirements to make annual grant awards by formula, 
beginning in FY 2008, to provide additional resources to State

[[Page 17342]]

educational agencies (SEAs) in order to assist them and their local 
operating agencies (LOAs) in implementing the interstate exchange of 
migrant children's records electronically through the Migrant Student 
Information Exchange (MSIX).

DATES: We must receive your comments on or before May 1, 2008.

ADDRESSES: Address all comments about the proposed requirements to 
Alejandra Velez-Paschke, U.S. Department of Education, 400 Maryland 
Avenue, SW., LBJ, room 3E249, Washington, DC 20202-6135. Telephone: 
(202) 260-2834. If you prefer to send your comments through the 
Internet, use the following address: [email protected].
    You must include the term ``MSIX State Data Quality Grants Proposed 
Requirements'' in the subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Alejandra Velez-Paschke. Telephone: 
(202) 260-2834 or via Internet: [email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS) toll free at 1-800-877-8339 between 8 a.m. 
and 8 p.m., Eastern time, Monday through Friday.
    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.

Invitation To Comment

    We invite you to submit comments regarding these proposed 
requirements.
    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 the proposed 
requirements. 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 the proposed requirements at the U.S. Department of 
Education, LBJ, room 3E249, 400 Maryland Avenue, SW., Washington, DC 
20202 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 the proposed requirements. If you want to 
schedule an appointment for this type of aid, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT.

Background

    The Migrant Education Program (MEP), authorized in Title I, Part C, 
of the ESEA, is a State-operated, formula grant program under which 
SEAs receive funds to help improve the academic achievement of 
migratory children who reside in their States. Under section 1304(b)(3) 
of the ESEA, SEAs receiving MEP funds have a responsibility to carry 
out activities that promote the interstate and intrastate coordination 
of services for migratory children. This responsibility includes 
carrying out activities that provide for educational continuity through 
the timely transfer of pertinent school records, including health 
information, for migratory children, whether or not they move during 
the regular school year.
    Section 1308(b) of the ESEA requires, among other things, that the 
Department (1) assist States in developing methods for the electronic 
transfer of migrant student records, (2) ensure the linkage of State 
electronic records-exchange systems, and (3) establish the minimum data 
elements (MDEs) that States must collect and maintain in their migrant 
student databases for the purpose of electronically exchanging health 
and educational records on migrant children. To meet these statutory 
responsibilities, on September 28, 2007, the Department established the 
MSIX. When fully operational, the MSIX will allow all States 
participating in the MEP (and all LOAs in those States) to share an 
established set of MDEs on their migrant children with any State and 
LOA in which a migrant child enrolls by electronically linking the 
States' existing migrant student databases. On November 27, 2007, the 
Office of Management and Budget (OMB) approved an information 
collection package (1810-0683) that establishes 66 MDEs.
    Even though MSIX links existing databases, the Department 
recognizes that States and LOAs will incur some additional costs in 
collecting and maintaining data and transmitting those data to the 
MSIX. While States generally use their annual MEP Basic State formula 
grant to pay for those costs, through this notice the Department 
proposes to establish, using funds the Department reserves for migrant 
coordination activities under section 1308 of the ESEA, a new formula 
grant program (and associated requirements) that will provide financial 
support to SEAs to assist them, during the early implementation of 
MSIX, to transfer migrant student data using MSIX. Subject to the 
availability of funds, the Department would provide these grant awards 
annually, beginning in FY 2008, out of funds it reserves for migrant 
coordination activities under section 1308 of the ESEA.
    We will announce the final requirements for the MSIX State Data 
Quality grants in a notice in the Federal Register. We will determine 
the final requirements for these grants after considering responses to 
public comments provided on this notice and other information available 
to the Department. This notice does not preclude us from establishing 
additional requirements, subject to meeting applicable rulemaking 
requirements.

    Note: This notice does not solicit applications. Applications 
will be requested pursuant to the issuance of the Notice of final 
requirements.

Proposed Requirements

    Requirement 1: SEAs would use these funds to help pay for 
additional costs that their agencies and the LOAs in their States may 
assume for various activities related to the transfer of the OMB-
approved MDEs. Examples of these activities include:
     (a) Enhancements to the State's migrant or State student 
database to ensure the inclusion of the MDEs in accordance with MSIX 
data specifications;
     (b) Staffing or information technology (IT) services 
needed for the collection, data entry, and maintenance of the MDEs or 
the connectivity to MSIX;
     (c) Development of manuals, procedures, pamphlets, or 
other materials that support the implementation of the State's records 
exchange program; and
     (d) Support for activities directly related to staff 
training on the use of MSIX, including staff attendance and travel to 
MSIX meetings and workshops. In consultation with the LOAs and the 
State's parent advisory council, each SEA would determine how these 
funds would be used in the State.
    Requirement 2: Only an SEA that receives an MEP Basic State Formula 
grant award would be eligible to receive an MSIX State Data Quality 
grant. To receive an MSIX State Data Quality grant, an SEA would be 
required to

[[Page 17343]]

submit a letter, signed by the Chief State School Officer or his or her 
authorized representative, (a) requesting an MSIX State Data Quality 
grant award, and (b) providing an assurance that these funds will be 
used only for activities that comport with the requirements in the 
notice of final requirements for this program. In each fiscal year for 
which sufficient section 1308 funds are available, the Department would 
announce the amount of each grant award and invite SEAs to submit their 
letters of application.
    Requirement 3: Grant awards would be subject to the financial 
reporting requirements in section 80.41 of the Education Department 
General Administrative Regulations (EDGAR) (34 CFR 80.41). With regard 
to performance reporting, the Department does not propose to apply the 
provisions contained in section 80.40(b) of EDGAR. Instead, the 
Department proposes to use program monitoring conducted in conjunction 
with the overall MEP Basic State Formula Grant program as a means of 
obtaining information, including supporting documentation, on how the 
SEA and LOAs in the State used MSIX State Data Quality grant funds to 
support MSIX-related activities. Monitoring activities would examine 
progress relative to the MSIX efficiency measure, which assesses the 
percentage of migrant student records that are consolidated when school 
enrollment has occurred in more than one State.
    Requirement 4: The Department proposes that, in any fiscal year in 
which sufficient funds are available under section 1308, the Department 
would award these MSIX State Data Quality grants using the following 
formula:
     75 percent of the total amount available would be awarded 
in equal amounts to each SEA with a MEP Basic State Formula grant 
award; and
     The remaining 25 percent of the funds would be awarded 
proportionally relative to the amount of each State's Basic MEP State 
Formula grant award amount made on July 1 of the fiscal year; except 
that
     No SEA would receive an MSIX State Data Quality grant 
award that exceeds 20 percent of its MEP Basic State Formula grant 
award.

Amount of the Grants

    At this time, the Department anticipates that a total of $2 million 
will be available for MSIX State Data Quality grant awards in FY 2008. 
Given this projection, an estimated $1.5 million would be awarded in 
equal amounts to each eligible SEA (subject to the 20 percent 
limitation), and $0.5 million would be awarded proportionally based on 
the amount of each State's MEP State formula grant award. An appendix 
to this notice contains a table presenting the estimated size of each 
State's award assuming that all eligible SEAs apply. If an SEA does not 
apply for these funds or does not receive a MEP Basic State formula 
grant in any given year, its share of grant funds would be distributed 
to the requesting SEAs on the basis of the formula established in the 
notice of final requirements.
    In subsequent fiscal years, the Department would inform the States 
of the total amount of funds available, if any, under this grant 
program.
    The Department believes that the proposed formula, including the 20 
percent limitation, represents an appropriate means for distributing 
funds under this new program for helping SEAs to effectively connect 
their migrant databases with the MSIX and transmit the required MDEs to 
the MSIX. In this regard, the proposed formula is designed to provide 
funds to address, at least partially, both the basic, initial costs 
that all States will incur, and those additional costs States would 
incur due to the relative numbers of migrant students in their State.

Executive Order 12866

    This notice of proposed requirements 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 
requirements 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 requirements, we have 
determined that the benefits of the proposed requirements 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.

Paperwork Reduction Act of 1995 (PRA)

    The application procedure has been approved under OMB control 
number 1810-0683.

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.

Applicable Statutory and Regulatory Requirements

    This grant program will be subject to the requirements established 
in the notice of final requirements to be published in the Federal 
Register for this grant program.
    This grant program is also subject to the definitions used to 
determine the eligibility of a ``migrant child'' found in section 
1309(2) of the ESEA and 34 CFR Sec.  200.81. Consistent with the 
``Tydings Amendment'' (section 421(b) of the General Education 
Provisions Act, and restated in section 76.709 of EDGAR), funds awarded 
under this program are available for obligation until September 30 of 
the fiscal year following the fiscal year in which they are awarded. 
Because it is a formula grant, the program also is subject to the 
requirements of parts 76 and 80 of EDGAR (34 CFR parts 76 and 80).

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 84.144, Migrant 
Education Coordination Program)


    Program Authority: 20 U.S.C. 6398.


[[Page 17344]]


    Dated: March 27, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.

Appendix--Estimated Proposed Award Amounts for the FY 2008 MSIX State 
Data Quality Grants Appendix

    Note: The estimated size of awards are based on FY 2007 MEP 
Basic State Grant award amounts, and assume each State's decision to 
request an award.


 
 
 
NATIONAL TOTALS............................................   $2,000,000
                                                            ------------
ALABAMA....................................................      $32,987
ALASKA.....................................................       39,868
ARIZONA....................................................       39,302
ARKANSAS...................................................       37,461
CALIFORNIA.................................................      213,595
COLORADO...................................................       40,820
CONNECTICUT................................................       31,449
DELAWARE...................................................       30,431
DIST. COLUMBIA.............................................            0
FLORIDA....................................................       63,000
GEORGIA....................................................       42,041
HAWAII.....................................................       31,072
IDAHO......................................................       35,887
ILLINOIS...................................................       32,770
INDIANA....................................................       37,349
IOWA.......................................................       32,422
KANSAS.....................................................       46,757
KENTUCKY...................................................       40,390
LOUISIANA..................................................       33,493
MAINE......................................................       31,533
MARYLAND...................................................       30,761
MASSACHUSETTS..............................................       32,343
MICHIGAN...................................................       42,401
MINNESOTA..................................................       32,429
MISSISSIPPI................................................       31,914
MISSOURI...................................................       32,202
MONTANA....................................................       31,383
NEBRASKA...................................................       37,410
NEVADA.....................................................       30,325
NEW HAMPSHIRE..............................................       28,573
NEW JERSEY.................................................       32,893
NEW MEXICO.................................................       31,255
NEW YORK...................................................       43,717
NORTH CAROLINA.............................................       38,573
NORTH DAKOTA...............................................       30,321
OHIO.......................................................       33,578
OKLAHOMA...................................................       32,859
OREGON.....................................................       47,090
PENNSYLVANIA...............................................       43,158
RHODE ISLAND...............................................       13,579
SOUTH CAROLINA.............................................       30,777
SOUTH DAKOTA...............................................       31,183
TENNESSEE..................................................       30,770
TEXAS......................................................      113,262
UTAH.......................................................       32,518
VERMONT....................................................       30,882
VIRGINIA...................................................       31,151
WASHINGTON.................................................       52,410
WEST VIRGINIA..............................................       16,450
WISCONSIN..................................................       30,891
WYOMING....................................................       30,315
PUERTO RICO................................................            0
 

[FR Doc. E8-6689 Filed 3-31-08; 8:45 am]
BILLING CODE 4000-01-P