[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Pages 42792-42795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16857]


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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 final requirements.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
establishes the final 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 
will use the requirements to make annual grant awards by formula, 
beginning in FY 2008, to provide additional resources to State 
educational agencies (SEAs) in order to assist them and their local 
operating agencies (LOAs) in implementing the interstate electronic 
exchange of migrant children's records through the Migrant Student 
Information Exchange (MSIX).

DATES: Effective Date: These requirements are effective August 22, 
2008.

FOR FURTHER INFORMATION CONTACT: Alejandra V[eacute]lez-Paschke, U.S. 
Department of Education, 400 Maryland Avenue, SW., LBJ, room 3E249, 
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 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: 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

[[Page 42793]]

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.
    We published a notice of proposed requirements for this program in 
the Federal Register on April 1, 2008 (73 FR 17341). The notice 
proposed that the Department establish a grant program under which, 
subject to the availability of funds in any fiscal year, the Department 
would make annual grant awards by formula beginning in FY 2008 to SEAs 
in order to provide additional resources to assist them and their LOAs 
in implementing the interstate exchange of migrant children's records 
electronically through MSIX. The notice of proposed requirements 
included a discussion of how SEAs could use these supplemental funds 
and a proposed formula for distributing available money to the SEAs 
that requested this assistance.
    Except for some minor editorial and technical changes, there are 
two differences between the proposed requirements identified in that 
notice and the final requirements announced in this notice. These 
changes are explained in the following Analysis of Comments and 
Changes.

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed 
requirements, one party submitted comments on the proposed 
requirements. An analysis of the comments follows.
    Generally, we do not address technical and other minor changes--and 
suggested changes we are not authorized to make under the applicable 
statutory authority.
    Comment: One commenter recommended that the Department allow States 
that have already shown that they have met the MDE requirements and 
implemented MSIX to use the MSIX State Data Quality Grant funds for 
instructional services for migrant students under Title I, Part C.
    Discussion: The Department appreciates the commenter's concerns. 
However, the Department proposed this new program in response to 
specific concerns expressed by representatives of many SEAs about the 
costs of connecting their State migrant information systems with MSIX 
and implementing related records exchange activities, and their strong 
desire for additional funds to help pay for these costs. Responding to 
this call for support, the Department proposed the MSIX State Data 
Quality Grants as a way to supplement SEA efforts to pay for expenses 
incurred by States in their efforts to link to and use the MSIX. The 
Department believes that the needs of States for this additional 
assistance is such that the entire $2 million that we proposed to set 
aside for MSIX-related activities should be devoted to this purpose. In 
this regard, as explained in the notice of proposed requirements (73 FR 
17342), SEAs may use these funds for a wide variety of MSIX-related 
activities, both for the ongoing costs of maintaining records and for 
one-time costs incurred. Ongoing costs may include such activities as 
paying for additional data entry personnel hired to enter migrant 
student data into the State's migrant database, further MSIX training 
of new staff, and refresher training once live data are entered into 
the system. One-time costs may include the purchase of equipment, such 
as computers, to be used for entering migrant student data. The funds 
that are used for these MSIX-related activities will make MEP Basic 
Formula Grant funds, which otherwise would have been spent on MSIX-
related activities, available for purposes of providing educational 
services to migrant children under Title I, Part C of the ESEA.
    Because the statement of Requirement 1 as proposed may not have 
clarified that funds may be used for any of a variety of activities 
only if the activities relate to the use of MSIX for transferring MDEs, 
we have clarified this point.
    Change: Requirement 1 is revised to clarify that SEAs may use MSIX 
State Data Quality grant funds for various activities only to the 
extent that these activities are related to the transfer of the MDEs to 
and through MSIX.
    Comment: None.
    Discussion: In the course of our internal review of the proposed 
requirements, we determined that the following sentence, included in 
the notice of proposed requirements under the heading Amount of the 
Grants, should be included in Requirement 4 because it relates to the 
formula for determining an SEA's share of grant funds.

    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.
    Change: We have revised Requirement 4 to include the following 
sentence:

    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 will be distributed to the requesting SEAs on the basis of the 
formula established in this notice of final requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use these requirements, we invite applications 
through a separate document that will be sent to States directly.

Requirements

    Requirement 1--In consultation with the LOAs and the State's parent 
advisory council, each SEA will determine how these funds will be used 
in the State. SEAs must use these funds only 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 MDEs to and through 
MSIX. 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.
    Requirement 2--Only an SEA that receives an MEP Basic State Formula 
grant award is eligible to receive an MSIX State Data Quality grant. To 
receive an MSIX State Data Quality grant, an SEA must 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 this notice of final 
requirements. In each fiscal year for which sufficient section 1308 
funds are available, the Department will

[[Page 42794]]

announce the estimated amount of each grant award and invite SEAs to 
submit their letters of application on or before a date that the 
Department specifies.
    Requirement 3--These grant awards are 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 apply the provisions 
contained in section 80.40(b) of EDGAR. Instead, the Department will 
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 will 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--Beginning in FY 2008 and in any subsequent fiscal 
year in which sufficient funds are available under section 1308, the 
Department will award these MSIX State Data Quality grants using the 
following formula:
     75 percent of the total amount available will be awarded 
in equal amounts to each SEA with a MEP Basic State Formula grant 
award; and
     The remaining 25 percent of the funds will 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 may receive an MSIX State Data Quality grant award 
that exceeds 20 percent of its MEP Basic State Formula grant award.
    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 
will be distributed to the requesting SEAs on the basis of the formula 
established in this notice of final requirements.

Amount of the Grants

    For FY 2008, the Department expects to award approximately $2 
million for the MSIX State Data Quality grant awards. An appendix to 
this notice contains a table presenting the size of each State's FY 
2008 award assuming that all eligible SEAs apply and that $2 million 
are available for FY 2008 awards. In subsequent fiscal years, the 
Department will inform the States of the total amount of funds 
available, if any, under this grant program.

Executive Order 12866

    This notice of final 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 final 
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 final requirements, we have 
determined that the benefits of the final 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.
    We fully discussed the costs and benefits in the notice of proposed 
requirements.

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 is subject to the requirements established in 
this notice of final requirements and 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 program, receipt of funds 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.

    Dated: July 18, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.

Appendix

    Note: The estimated size of awards is based on the amount of FY 
2008 MEP Basic State Grant awards issued on July 1, 2008, and 
assumes that (1) exactly $2 million will be available for FY 2008 
MSIX State Data quality grant awards, and (2) each SEA with a 
Migrant Education Program Basic Formula Grant requests an award.


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NATIONAL TOTALS.........................................   $2,000,000
ALABAMA.................................................       33,039.00
ALASKA..................................................       40,025.00
ARIZONA.................................................       39,449.00
ARKANSAS................................................       37,580.00
CALIFORNIA..............................................      216,509.00
COLORADO................................................       40,577.00
CONNECTICUT.............................................       31,475.00
DELAWARE................................................       30,437.00
DIST. COLUMBIA..........................................            0.00
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Appendix

ESTIMATED PROPOSED AWARD AMOUNTS FOR THE FY 2008 MSIX STATE DATA QUALITY
                                 GRANTS
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FLORIDA....................................................   $63,523.00
GEORGIA....................................................    41,851.00
HAWAII.....................................................    31,089.00
IDAHO......................................................    35,360.00
ILLINOIS...................................................    32,819.00
INDIANA....................................................    37,616.00
IOWA.......................................................    32,460.00

[[Page 42795]]

 
KANSAS.....................................................    47,023.00
KENTUCKY...................................................    40,555.00
LOUISIANA..................................................    33,549.00
MAINE......................................................    31,557.00
MARYLAND...................................................    30,773.00
MASSACHUSETTS..............................................    32,384.00
MICHIGAN...................................................    42,597.00
MINNESOTA..................................................    32,471.00
MISSISSIPPI................................................    30,875.00
MISSOURI...................................................    32,241.00
MONTANA....................................................    31,404.00
NEBRASKA...................................................    37,541.00
NEVADA.....................................................    30,331.00
NEW HAMPSHIRE..............................................    28,094.00
NEW JERSEY.................................................    32,998.00
NEW MEXICO.................................................    31,275.00
NEW YORK...................................................    43,935.00
NORTH CAROLINA.............................................    38,454.00
NORTH DAKOTA...............................................    30,326.00
OHIO.......................................................    33,635.00
OKLAHOMA...................................................    31,519.00
OREGON.....................................................    44,086.00
PENNSYLVANIA...............................................    43,389.00
RHODE ISLAND...............................................    13,374.00
SOUTH CAROLINA.............................................    30,790.00
SOUTH DAKOTA...............................................    31,202.00
TENNESSEE..................................................    30,782.00
TEXAS......................................................   114,584.00
UTAH.......................................................    32,558.00
VERMONT....................................................    30,896.00
VIRGINIA...................................................    31,169.00
WASHINGTON.................................................    52,452.00
WEST VIRGINIA..............................................    16,147.00
WISCONSIN..................................................    30,905.00
WYOMING....................................................    30,320.00
PUERTO RICO................................................         0.00
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[FR Doc. E8-16857 Filed 7-22-08; 8:45 am]
BILLING CODE 4000-01-P