[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12341-12345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6441]


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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.

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

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SUMMARY: The Assistant Secretary for Vocational and Adult Education 
establishes requirements, definitions, and selection criteria under the 
Native Hawaiian Career and Technical Education Program (NHCTEP). The 
Assistant Secretary may use these requirements, definitions, and 
selection criteria in competitions in fiscal year (FY) 2009 and later 
years.
    Effective Date: These requirements, definitions, and selection 
criteria are effective April 23, 2009.

FOR FURTHER INFORMATION CONTACT: Nancy Essey, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 11070, Potomac Center Plaza 
(PCP), Washington, DC 20202-7241. Telephone: (202) 245-7789 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:
    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 
Carl D. Perkins Career and Technical Education Act of 2006 (Act) for 
the benefit of Native Hawaiians.
    Program Authority: 20 U.S.C. 2326(a)-(h).
    We published a notice of proposed requirements, definitions, and 
selection criteria for this program in the Federal Register on January 
23, 2009 (74 FR 4155). That notice contained background information and 
our reasons for proposing the particular requirements, definitions, and 
selection criteria. We are not repeating that information in this 
notice.
    There are no differences between the proposed requirements, 
definitions, and selection criteria we published on January 23, 2009 
and these final requirements, definitions, and selection criteria.
    Public Comment: In response to our invitation in the notice of 
proposed requirements, definitions, and selection criteria, we did not 
receive any comments on the proposed requirements, definitions, and 
selection criteria.
    Final Requirements: Consistent with the Act, the Assistant 
Secretary establishes 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,

[[Page 12342]]

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 
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 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 
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 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.

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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 quantitative 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;
    (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 establishes 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.

Final Definitions

    The Assistant Secretary establishes 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.

Final Selection Criteria

    The Assistant Secretary establishes the following selection 
criteria for evaluating an application under this

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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 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.
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria for future 
competitions, 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

[[Page 12345]]

Executive Order 12866. Under the terms of the order, we have assessed 
the potential costs and benefits of this final regulatory action.
    The potential costs associated with this final regulatory action 
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 final regulatory action, we have determined 
that the benefits of the final requirements, definitions, and selection 
criteria justify the costs.
    We have determined, also, that this final 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 of this regulatory action 
in the notice of proposed requirements, definitions and selection 
criteria.
    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: http://www.gpoaccess.gov/nara/index.html.


    Dated: March 19, 2009.
Dennis L. Berry,
Acting Assistant Secretary for Vocational and Adult Education.
[FR Doc. E9-6441 Filed 3-23-09; 8:45 am]
BILLING CODE 4000-01-P