[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4155-4161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1456]


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DEPARTMENT OF EDUCATION


Native Hawaiian Career and Technical Education Program (NHCTEP) 
Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A

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

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

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SUMMARY: The Assistant Secretary for Vocational and Adult Education 
proposes requirements, definitions, and selection criteria under the 
Native Hawaiian Career and Technical Education Program. The Assistant 
Secretary may use these requirements, definitions, and selection 
criteria in competitions in fiscal year (FY) 2009 and later years. The 
requirements, definitions, and selection criteria proposed in this 
notice are very similar to those we used in the first competition we 
held (in FY 2007) for this program following the enactment in August 
2006 of the Carl D. Perkins Career and Technical Education Act of 2006 
(Act). For that competition, we established the requirements, 
definitions, and selection criteria pursuant to a waiver of rulemaking 
under the authority of section 457(d) of the General Education 
Provisions Act. In this notice we are publishing and requesting public 
comment on proposed requirements, definitions, and selection criteria 
for NHCTEP that will govern a second competition, and may also govern 
subsequent competitions, for this program.

DATES: We must receive your comments on or before February 23, 2009.

ADDRESSES: Address all comments about this notice to Nancy Essey, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 11070, Potomac 
Center Plaza (PCP), Washington, DC 20202-7241.
    If you prefer to send your comments by e-mail, use the following 
address: [email protected]. You must include the term Native Hawaiian 
Career and Technical Education Program in the subject line of your 
electronic message.

FOR FURTHER INFORMATION CONTACT: Nancy Essey. Telephone: (202) 245-
7789. Fax: (202) 245-7170 or by e-mail: [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.

SUPPLEMENTARY INFORMATION:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final requirements, definitions, and selection 
criteria, we urge you to identify clearly the specific proposed 
requirements, definitions, and selection criteria 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 
requirements, definitions, and selection criteria. Please let us know 
of any further ways we could 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 this notice in room 11070, 550 12th Street, SE., 
Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The Native Hawaiian Career and Technical 
Education Program provides grants to eligible applicants to plan, 
conduct, and administer programs, or portions of programs, that are 
authorized by and consistent with the purposes of section 116 of the 
Act for the benefit of Native Hawaiians.
    Program Authority: 20 U.S.C. 2326(a)-(h).
    Proposed Requirements:
    Background:
    Under section 116(h) of the Act, the Secretary is authorized to 
award grants under the NHCTEP to eligible community-based organizations 
to plan, conduct, and administer programs, or portions thereof, which 
are consistent with the purposes of section 116 of the Act, for the 
benefit of Native Hawaiians. Section 116(e) of the Act provides that 
educational programs, services, and activities funded under section 116 
must support and help to improve career and technical education 
programs. (20 U.S.C. 2326(e)) This requirement, along with the 
statutory definition of career and technical education, aligns NHCTEP 
with other programs authorized under the Act that require grantees to 
offer a sequence of courses that provides individuals with coherent and 
rigorous content aligned with challenging academic standards and 
relevant technical knowledge and skills needed to prepare for further 
education and careers in current or emerging professions. (20 U.S.C. 
2302(5))
    While section 116(e) of the Act requires grantees to use funds 
awarded by the Department to support and help to improve career and 
technical education, it does not identify specific types of programs, 
services, and activities that are consistent with the purposes of 
section 116. The requirements proposed in the Authorized Programs, 
Services, and Activities section of this notice include examples of the 
activities that the Assistant Secretary views as being consistent with 
the purposes of section 116. In this section, we also describe those 
activities that we believe meet the definition of ``expansion'' of 
NHCTEP projects, consistent with the purposes of the Act. More 
specifically, we explain our interpretation of the terms ``expansion'' 
and ``improvement'' and specify those programs, services, and 
activities that the Assistant Secretary believes inherently improve 
career and technical education.
    Section 116 of the Act also does not address situations in which a 
project plans to use NHCTEP funds to provide students with stipends or 
other forms of assistance. Accordingly, we are proposing in this notice 
requirements for those NHCTEP projects that choose to provide student 
stipends. These include requirements for determining whether a student 
qualifies for a stipend, recordkeeping requirements, and the procedure 
for calculating stipends. We also propose requirements that grantees 
must meet if they decide to provide ``direct assistance to students'' 
using NHCTEP funds.
    A number of NHCTEP grantees traditionally have not provided career 
and technical education to Native Hawaiian students directly, but 
instead have provided NHCTEP funds to qualified educational entities 
that have served Native Hawaiian students. In such instances, we 
believe a written agreement that describes the commitments and 
responsibilities of each party would improve accountability and would 
help ensure that students receive services that have been thoughtfully 
developed and planned, consistent with applicable Federal requirements. 
This notice includes several proposed requirements for a written 
agreement between the grantee and the educational institution providing 
services directly.
    The Government Performance and Results Act of 1993 (GPRA) requires 
Federal departments and agencies to describe clearly the goals and 
objectives of their programs, identify resources and actions needed to 
accomplish these

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goals and objectives, develop a means of measuring progress made, and 
regularly report on their achievement. To meet our obligations under 
GPRA, we are proposing several performance measures for projects 
awarded funds under this program and to require grantees to conduct an 
independent evaluation of their projects. Information from the proposed 
GPRA core factors and measures would provide a means for the Department 
to evaluate the overall effectiveness of the NHCTEP. Further, we 
believe that the proposed evaluation requirements for an independent 
evaluator and formative and summative evaluations, which are paid for 
by the grant, would provide grantees with valuable objective 
information on the effectiveness of their project. Grantees and the 
Assistant Secretary would be able to use this evaluative information to 
guide and improve projects and determine the quality of project 
activities.
    Proposed Requirements:
    Consistent with the Act, the Assistant Secretary proposes the 
following requirements for this program. We may apply these 
requirements in any year in which this program is in effect.
    I. Authorized Programs, Services, and Activities:
    (a) Authorized Programs. In accordance with section 116(e) of the 
Act, under this program, NHCTEP projects must--
    (1) Develop new programs, services, or activities or improve or 
expand existing programs, services, or activities that are consistent 
with the purposes of the Act. In other words, the Department will 
support ``expansions'' or ``improvements'' that include, but are not 
necessarily limited to, the expansion of effective programs or 
practices; upgrading of activities, equipment, or materials; increasing 
staff capacity; adoption of new technology; modification of curriculum; 
or implementation of new policies to improve program effectiveness and 
outcomes; and
    (2) Fund a career and technical education program, service, or 
activity that--
    (i) Is a new program, service, or activity that was not provided by 
the applicant during the instructional term (a defined period, such as 
a semester, trimester, or quarter, within the academic year) that 
preceded the request for funding under NHCTEP;
    (ii) Will improve or expand an existing career and technical 
education program; or
    (iii) Inherently improves career and technical education. A 
program, service, or activity ``inherently improves career and 
technical education'' if it--
    (A) Develops new career and technical education programs of study 
for approval by the appropriate accreditation agency;
    (B) Strengthens the rigor of the academic and career and technical 
components of funded programs;
    (C) Uses curriculum that is aligned with industry-recognized 
standards and will result in students attaining industry-recognized 
credentials, certificates, or degrees;
    (D) Integrates academics (other than remedial courses) with career 
and technical education programs through a coherent sequence of courses 
to help ensure learning in the core academic and career and technical 
subjects;
    (E) Links career and technical education at the secondary level 
with career and technical education at the postsecondary level, and 
facilitates students' pursuit of a baccalaureate degree;
    (F) Expands the scope, depth, and relevance of curriculum, 
especially content that provides students with a comprehensive 
understanding of all aspects of an industry and a variety of hands-on, 
job-specific experiences; or
    (G) Offers--
    (1) Work-related experience, internships, cooperative education, 
school-based enterprises, studies in entrepreneurship, community 
service learning, and job shadowing that are related to career and 
technical education programs;
    (2) Coaching/mentoring, support services, and extra help for 
students after school, on the weekends, or during the summer so they 
can meet higher standards;
    (3) Career guidance and academic counseling for students 
participating in career and technical education programs under NHCTEP;
    (4) Placement services for students who have successfully completed 
career and technical education programs and attained a technical skill 
proficiency that is aligned with industry-recognized standards;
    (5) Professional development programs for teachers, counselors, and 
administrators;
    (6) Strong partnerships among grantees and local educational 
agencies, postsecondary institutions, community leaders, adult 
education providers, and, as appropriate, other entities, such as 
employers, labor organizations, parents, and local partnerships, to 
enable students to achieve State academic standards and attain career 
and technical skills;
    (7) The use of student assessment and evaluation data to improve 
continually instruction and staff development; or
    (8) Research, development, demonstration, dissemination, evaluation 
and assessment, capacity-building, and technical assistance related to 
career and technical education programs.
    (b) Student stipends.
    (1) A portion of an award under this program may be used to provide 
stipends (as defined elsewhere in this notice under the heading 
Proposed Definitions) to help students meet the costs of participation 
in a NHCTEP project.
    (2) To be eligible for a stipend a student must--
    (i) Be enrolled in a career and technical education project funded 
under this program;
    (ii) Be in regular attendance in a NHCTEP project and meet the 
training institution's attendance requirement;
    (iii) Maintain satisfactory progress in his or her program of study 
according to the training institution's published standards for 
satisfactory progress; and
    (iv) Have an acute economic need that--
    (A) Prevents participation in a project funded under this program 
without a stipend; and
    (B) Cannot be met through a work-study program.
    (3) The amount of a stipend is the greater of either the minimum 
hourly wage prescribed by State or local law, or the minimum hourly 
wage established under the Fair Labor Standards Act.
    (4) A grantee may award a stipend only if the stipend combined with 
other resources the student receives does not exceed the student's 
financial need. A student's financial need is the difference between 
the student's cost of attendance and the financial aid or other 
resources available to defray the student's cost of attending a NHCTEP 
project.
    (5) To calculate the amount of a student's stipend, a grantee must 
multiply the number of hours a student actually attends career and 
technical education instruction by the amount of the minimum hourly 
wage that is prescribed by State or local law or by the minimum hourly 
wage that is established under the Fair Labor Standards Act. The 
grantee must reduce the amount of a stipend if necessary to ensure that 
it does not exceed the student's financial need.
    Example: If a grantee uses the Fair Labor Standards Act minimum 
hourly wage of $7.25 and a student attends classes for 20 hours a week, 
the student's stipend would be $145 for the week during which the 
student attends

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classes ($7.25 x 20 = $145). If the program lasts 16 weeks and the 
student's total financial need is $2,000, the grantee must reduce the 
weekly stipend to $125, because the total stipend for the course would 
otherwise exceed the student's financial need by $320 (or $20 a week).

    Note: Grantees must maintain records that fully support their 
decisions to award stipends to students, as well as the amounts that 
are paid, such as proof of a student's enrollment in the NHCTEP 
project, stipend applications, timesheets showing the number of 
hours of student attendance that are confirmed in writing by an 
instructor, student financial status information, and evidence that 
a student could not participate in the NHCTEP project without a 
stipend. (See generally 20 U.S.C. 1232f; 34 CFR 75.700-75.702; 
75.730; and 75.731.)

    (6) An eligible student may earn a stipend when taking a course for 
the first time, although a stipend may not be provided to a student for 
a particular course if the student has already taken, completed, and 
had the opportunity to benefit from the course and is merely repeating 
the course.
    (7) An applicant must include, in its application, the procedure it 
intends to use in determining student eligibility for stipends and 
stipend amounts, and its oversight procedures for the awarding and 
payment of stipends.
    (c) Direct assistance to students. A grantee may provide direct 
assistance (as defined elsewhere in this notice under the heading 
Proposed Definitions) to a student only if the following conditions are 
met:
    (1) The recipient of the direct assistance is an individual who is 
a member of a special population (as defined in section 3(29) of the 
Act) and who is participating in a NHCTEP project.
    (2) The direct assistance is needed to address barriers to the 
individual's successful participation in a NHCTEP project.
    (3) The direct assistance is part of a broader, more generally 
focused program or activity for addressing the needs of an individual 
who is a member of a special population.

    Note: Direct assistance to individuals who are members of 
special populations is not, by itself, a ``program or activity for 
special populations.''

    (4) The grant funds used for direct assistance must be expended to 
supplement, and not supplant, assistance that is otherwise available 
from non-Federal sources. For example, generally, a community-based 
organization could not use NHCTEP funds to provide child care for 
single parents if non-Federal funds previously were made available for 
this purpose, or if non-Federal funds are used to provide child care 
services for single parents participating in non-career and technical 
education programs and these services otherwise (in the absence of 
NHCTEP funds) would have been available to career and technical 
education students.
    (5) In determining how much of the NHCTEP grant funds it will use 
for direct assistance to an eligible student, a grantee--
    (i) May only provide assistance to the extent that it is needed to 
address barriers to the individual's successful participation in career 
and technical education; and
    (ii) Considers whether the specific services to be provided are a 
reasonable and necessary cost of providing career and technical 
education programs for special populations. However, the Secretary does 
not envision a circumstance in which it would be a reasonable and 
necessary expenditure of NHCTEP project funds for a grantee to utilize 
a majority of a project's budget to pay direct assistance to students, 
in lieu of providing the students served by the project with career and 
technical education.
    (d) Career and technical education agreement. Any applicant that is 
not proposing to provide career and technical education directly to 
Native Hawaiian students and proposes instead to pay one or more 
qualified educational entities to provide such career and technical 
education to Native Hawaiian students must include with its application 
a written career and technical education agreement between the 
applicant and the educational entity. The written agreement must 
describe the commitment between the applicant and the educational 
entity and must include, at a minimum, a statement of the 
responsibilities of the applicant and the entity. The agreement must be 
signed by the appropriate individuals on behalf of each party, such as 
the authorizing official or administrative head of the applicant Native 
Hawaiian community-based organization.
    (e) Supplement-Not-Supplant. Grantees may not use funds under 
NHCTEP to replace otherwise available non-Federal funding for ``direct 
assistance to students'' (as defined elsewhere in this notice under the 
heading Proposed Definitions) and family assistance programs. For 
example, NHCTEP funds must not be used to supplant non-Federal funds to 
pay the costs of students' tuition, dependent care, transportation, 
books, supplies, and other costs associated with participation in a 
career and technical education program.
    Further, funds under NHCTEP may not be used to replace Federal 
student financial aid. The Act does not authorize the Secretary to fund 
projects that serve primarily as entities through which students may 
apply for and receive tuition and other financial assistance.
    II. Evaluation Requirements:
    To help ensure the high quality of NHCTEP projects and the 
achievement of the goals and purposes of section 116(h) of the Act, 
each grantee must budget for and conduct an ongoing evaluation of the 
effectiveness of its project. An independent evaluator must conduct the 
evaluation. The evaluation must--
    (a) Be appropriate for the project and be both formative and 
summative in nature; and
    (b) Include--
    (1) Collection and reporting of the performance measures for NHCTEP 
that are identified in the Performance Measures section of this notice; 
and
    (2) Qualitative and quantifiable data with respect to--
    (i) Academic and career and technical competencies demonstrated by 
the participants and the number and kinds of academic and work 
credentials acquired by individuals, including their participation in 
programs providing skill proficiency assessments, industry 
certifications, or training at the associate degree level that is 
articulated with an advanced degree option;
    (ii) Enrollment, completion, and placement of participants by 
gender, for each occupation for which training was provided;
    (iii) Job or work skill attainment or enhancement, including 
participation in apprenticeship and work-based learning programs, and 
student progress in achieving technical skill proficiencies necessary 
to obtain employment in the field for which the student has been 
prepared, including attainment or enhancement of technical skills in 
the industry the student is preparing to enter;
    (iv) Activities, during the formative stages of the project, to 
help guide and improve the project, as well as a summative evaluation 
that includes recommendations for disseminating information on project 
activities and results;
    (v) The number and percentage of students who obtained industry-
recognized credentials, certificates, or degrees;
    (vi) The outcomes of students' technical assessments, by type and 
scores, if available;

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    (vii) The rates of attainment of a proficiency credential or 
certificate, in conjunction with a secondary school diploma;
    (viii) The effectiveness of the project, including a comparison 
between the intended and observed results and a demonstration of a 
clear link between the observed results and the specific treatment 
given to project participants;
    (ix) The extent to which information about or resulting from the 
project was disseminated at other sites, such as through the grantee's 
development and use of guides or manuals that provide step-by-step 
directions for practitioners to follow when initiating similar efforts; 
and
    (x) The impact of the project, e.g., follow-up data on students' 
employment, sustained employment, promotions, further and continuing 
education or training, or the impact the project had on Native Hawaiian 
economic development or career and technical education activities.
    III. Performance Measures: The Assistant Secretary proposes the 
following core factors and measures for evaluating the overall 
effectiveness of the NHCTEP and projects supported under this program.
    (a) Number of Secondary, Postsecondary, and Adult Projects. The 
number of secondary, postsecondary, and adult programs that--
    (1) Apply industry-recognized skill standards so that students can 
earn skill certificates in those projects; and
    (2) Offer skill competencies, related assessments, and industry-
recognized skill certificates in an area of study offered by secondary 
and postsecondary institutions.
    (b) Secondary Projects. The percentage of participating secondary 
career and technical education students who--
    (1) Meet or exceed State proficiency standards in reading/language 
arts and mathematics;
    (2) Attain a secondary school diploma or its State-recognized 
equivalent, or a proficiency credential in conjunction with a secondary 
school diploma;
    (3) Attain career and technical education skill proficiencies 
aligned with industry-recognized standards; and
    (4) Are placed in postsecondary education, advanced training, 
military service, or employment in high-skill, high-wage, and high-
demand occupations or in current or emerging occupations.
    (c) Postsecondary Projects.
    The percentage of participating postsecondary students in career 
and technical education programs who--
    (1) Receive postsecondary degrees, certificates, or credentials;
    (2) Attain career and technical education skill proficiencies 
aligned with industry-recognized standards;
    (3) Receive industry-recognized credentials, certificates, or 
degrees;
    (4) Are retained in postsecondary education or transfer to a 
baccalaureate degree program; and
    (5) Are placed in military service or apprenticeship programs, or 
are placed in employment, receive an employment promotion, or retain 
employment.
    (d) Adult Projects. The percentage of participating adult career 
and technical education students who--
    (1) Enroll in a postsecondary education or training program;
    (2) Attain career and technical education skill proficiencies 
aligned with industry-recognized standards;
    (3) Receive industry-recognized credentials, certificates, or 
degrees; and
    (4) Are placed in employment, receive an employment promotion, or 
retain employment.

    Note: All grantees must submit an annual performance report 
addressing these performance measures, to the extent feasible and to 
the extent that they apply to each grantee's NHCTEP project.

    Proposed Definitions:
    Background:
    The Act authorizes specific uses of funds for, and contains 
definitions for many key terms applicable to, NHCTEP. The Act does not, 
however, define all terms or all key activities and services relevant 
to NHCTEP. Experience from previous competitions has shown us that 
without concise definitions of terms, applicants and grantees often 
develop approaches that are inconsistent with the purposes of the Act 
and accepted historical practice in career and technical education 
programs. In this notice we propose definitions of key terms not 
defined in the Act, to eliminate confusion and ensure that grantees 
provide services that are consistent with the Act and that increase 
students' chances of success in attaining career and technical 
education and skills.
    Proposed Definitions:
    The Assistant Secretary proposes the following definitions for 
NHCTEP program terms not defined in the Act. We may apply these 
definitions in any year in which this program is in effect.
    Acute economic need means an income that is at or below the 
national poverty level according to the latest available data from the 
U.S. Department of Commerce or the U.S. Department of Health and Human 
Services Poverty Guidelines.
    Coherent sequence of courses means a series of courses in which 
career and academic education is integrated, and that directly relates 
to, and leads to, both academic and occupational competencies. The term 
includes competency-based education and academic education, and adult 
training or retraining, including sequential units encompassed within a 
single adult retraining course that otherwise meets the requirements of 
this definition.
    Direct assistance to students means tuition, dependent care, 
transportation, books, and supplies that are necessary for a student to 
participate in a project funded under this program.
    Stipend means a subsistence allowance--
    (a) For a student who is enrolled in a career and technical 
education program funded under the NHCTEP;
    (b) For a student who has an acute economic need that cannot be met 
through work-study programs; and
    (c) That is necessary for the student to participate in a project 
funded under this program.
    Proposed Selection Criteria:
    Background:
    Our experience with administering competitions for a variety of 
career and technical education programs, including feedback from peer 
reviewers, applicants, and funded grantees, demonstrates that using 
program-specific selection criteria improves our ability to select 
high-quality projects that are specifically focused on the goals and 
purposes of a particular program. In addition to providing precise 
focus, we believe the proposed selection criteria would enable us to 
(1) emphasize specific aspects of projects that typically result in 
better-quality projects, e.g., project design, project management, 
experience and qualifications of personnel, resources available for 
project activities, and project evaluation and (2) ensure that projects 
propose to expand and improve the effectiveness of NHCTEPs.
    Proposed Selection Criteria:
    The Assistant Secretary proposes the following selection criteria 
for evaluating an application under this program. We may apply one or 
more of these criteria in any year in which this program is in effect. 
In the notice inviting applications or the application package, or 
both, we will announce the maximum possible points assigned to each 
criterion.
    (a) Quality of the project design. In determining the quality of 
the design of the proposed project, we consider the following factors:
    (1) The extent to which the design of the proposed project is 
appropriate to

[[Page 4160]]

and will successfully address the needs of the target population or 
other identified needs (as evidenced by such data as local labor market 
demand, occupational trends, and surveys).
    (2) The extent to which goals, objectives, and outcomes are clearly 
specified and measurable. (For example, we look for clear descriptions 
of proposed student career and technical education activities; 
recruitment and retention strategies; expected student enrollments, 
completions, and placements in jobs, military specialties, and 
continuing education/training opportunities; the number of teachers, 
counselors, and administrators to be trained; and identification of 
requirements for each program of study to be provided under the 
project, including related training areas and a description of 
performance outcomes.)
    (3) The extent to which the proposed project will establish 
linkages with other appropriate agencies (e.g., community, State, and 
other Federal resources) and organizations providing services to the 
target population in order to improve services to students and 
strengthen outcomes for the proposed project.
    (4) The extent to which the services to be provided by the proposed 
project will create and offer activities that focus on enabling 
participants to obtain the skills necessary to gain employment in high-
skill, high-wage, and high-demand occupations in emerging fields or in 
a specific career field.
    (5) The extent to which the services to be provided by the proposed 
project will create opportunities for students to acquire skills 
identified by the State at the secondary level or by industry-
recognized career and technical education programs for licensure, 
degree, certification, or as required by a career or profession.
    (6) The extent to which the proposed project will provide 
opportunities for high-quality training or professional development 
services that--
    (i) Are of sufficient quality, intensity, and duration to lead to 
improvements in practice among instructional personnel;
    (ii) Will improve and increase instructional personnel's knowledge 
and skills to help students meet challenging and rigorous academic and 
career and technical skill proficiencies;
    (iii) Will advance instructional personnel's understanding of 
effective instructional strategies that are supported by scientifically 
based research; and
    (iv) Include professional development plans that clearly address 
ways in which learning gaps will be addressed and how continuous review 
of performance will be conducted to identify training needs.
    (b) Quality of the management plan. In determining the quality of 
the management plan for the proposed project, we consider the following 
factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and the milestones and performance 
standards for accomplishing project tasks.
    (2) The extent to which the time commitments of the project 
director and other key project personnel, including instructors, are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (3) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project.
    (c) Quality of data collection plan. In determining the quality of 
the data collection plan, we consider the following factors:
    (1) The adequacy of procedures and methods for collecting data.
    (2) The adequacy of the data collection plan in allowing comparison 
with other similar secondary, postsecondary, and adult career and 
technical education programs.
    (d) Quality of project personnel. In determining the quality of 
project personnel, we consider the following factors:
    (1) The extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (2) The qualifications, including relevant training, expertise, and 
experience, of the project director.
    (3) The qualifications, including relevant training, expertise, and 
experience, of key project personnel, especially the extent to which 
the project will use instructors who are certified to teach in the 
field in which they will provide instruction.
    (4) The qualifications, including training, expertise, and 
experience, of project consultants.
    (e) Adequacy of resources. In determining the adequacy of resources 
for the proposed project, we consider the following factors:
    (1) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization(s) and 
the entities to be served, including the evidence and relevance of 
commitments (e.g., articulation agreements, memoranda of understanding, 
letters of support, or commitments to employ project participants) of 
the applicant, local employers, or entities to be served by the 
project.
    (2) The extent to which the budget is adequate and costs are 
reasonable in relation to the objectives and design of the proposed 
project.
    (3) The potential for continued support of the project after 
Federal funding ends.
    (f) Quality of the project evaluation. In determining the quality 
of the evaluation, we consider the following factors:
    (1) The extent to which the methods of evaluation proposed by the 
grantee are thorough, feasible, and appropriate to the goals, 
objectives, and outcomes of the proposed project.
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and the performance measures discussed 
elsewhere in this notice and will produce quantitative and qualitative 
data, to the extent possible.
    (3) The extent to which the methods of evaluation will provide 
performance feedback and continuous improvement toward achieving 
intended outcomes.
    (4) The quality of the proposed evaluation to be conducted by an 
external evaluator with the necessary background and technical 
expertise to carry out the evaluation.
    Final Requirements, Definitions, and Selection Criteria:
    We will announce the final requirements, definitions, and selection 
criteria in a notice in the Federal Register. We will determine the 
final requirements, definitions, and selection criteria after 
considering any comments submitted in response to this notice and other 
information available to the Department. This notice does not preclude 
us from proposing 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 requirements, definitions, and 
selection criteria, we invite applications through a notice in the 
Federal Register.

    Executive Order 12866: This notice 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 proposed regulatory 
action.
    The potential costs associated with this proposed regulatory action 
are

[[Page 4161]]

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 proposed regulatory action, we have determined 
that the benefits of the proposed requirements, definitions, and 
selection criteria justify the costs.
    We have determined, also, that this proposed regulatory action does 
not unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    Discussion of Costs and Benefits:
    Elsewhere in this notice we discuss the potential costs and 
benefits, both quantitative and qualitative, of the proposed evaluation 
requirements. We also discuss the benefits of the other proposed 
requirements, definitions and selection criteria.
    In addition, we do not believe the proposed requirements, 
definitions, and selection criteria will increase the amount of time it 
takes to prepare an application. During the first competition under 
this program, the Department estimated that community-based 
organizations would spend 120 hours preparing an application, and we 
continue to believe that is a correct estimate. The application package 
for the NHCTEP (approved by the Office of Management and Budget through 
June 30, 2010 under 1830-0564) included the same requirements, 
definitions, and selection criteria that are in this notice.
    We also believe that these proposed requirements, definitions, and 
selection criteria will improve the ability of eligible applicants to 
write applications that better address the purposes of the NHCTEP and 
to operate projects that are consistent with the Act.
    Intergovernmental Review: This program is not subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., Braille, large print, 
audiotape, or computer diskette) on request to the program contact 
person listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department 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: www.gpoaccess.gov/nara/index.html.


    Dated: January 16, 2009.
Troy R. Justesen,
Assistant Secretary for Vocational and Adult Education.
 [FR Doc. E9-1456 Filed 1-22-09; 8:45 am]
BILLING CODE 4000-01-P