[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Notices]
[Pages 36174-36179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17492]


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DEPARTMENT OF EDUCATION


Office of Elementary and Secondary Education Overview 
Information; Training and Advisory Services Program--Technical 
Assistance for Student Assignment Plans; Notice Inviting Applications 
for New Awards for Fiscal Year (FY) 2009

Catalog of Federal Domestic Assistance (CFDA) Number: 84.004F.

    Dates:
    Applications Available: July 22, 2009.
    Deadline for Notice of Intent To Apply: August 6, 2009.
    Deadline for Transmittal of Applications: August 21, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Training and Advisory Services program is 
authorized under Title IV of the Civil Rights Act of 1964, 42 U.S.C. 
2000c-2000c-2, 2000c-5. The February 23, 2009 House and Senate 
Conference Report (Conference Report) on H.R.

[[Page 36175]]

2241, the Omnibus Appropriations Act, 2009, states that within the 
$9,489,000 provided for Training and Advisory Services in FY 2009, the 
Congress made $2,500,000 available for one-time competitive grants to 
local educational agencies (LEAs) for technical assistance in 
preparing, adopting, or modifying, and implementing student assignment 
plans to avoid racial isolation and resegregation in the Nation's 
schools, and to facilitate student diversity, within the parameters of 
current law. The Conference Report further called for LEAs to use the 
grant funds to seek assistance and expertise from student assignment 
specialists, demographers, community relations specialists, facility 
and other planners, or curriculum specialists and others in comparable 
LEAs with relevant and successful experience, as well as specialists 
and consultants from academia, non-profit organizations, civil rights 
organizations, and the private sector.
    Priorities: This notice contains one absolute priority and one 
competitive preference priority. We are establishing the absolute 
priority and the competitive preference priority for the FY 2009 grant 
competition only, in accordance with section 437(d)(1) of the General 
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
    Absolute Priority: This priority is an absolute priority. Under 34 
CFR 75.105(c)(3) we consider only applications that meet this priority.
    This priority is:
    Absolute Priority--Technical Assistance for Facilitating Student 
Diversity.
    Applications from LEAs seeking to obtain technical assistance in 
preparing, adopting, or modifying, and implementing student assignment 
plans that use strategies to avoid racial isolation and resegregation 
in their schools, and to facilitate student diversity, that are 
permissible within the parameters of current law. LEAs must use the 
grant funds to seek assistance and expertise from student assignment 
specialists, demographers, community relations specialists, facility 
and other planners, or curriculum specialists and others in comparable 
LEAs with relevant and successful experience, as well as specialists 
and consultants from academia, non-profit organizations, civil rights 
organizations, and the private sector.
    Competitive Preference Priority: Within this absolute priority, we 
give preference to applications that address the following priority.
    Under 34 CFR 75.105(c)(2)(i) we award an additional five points to 
an application that meets this priority. This priority is:
    Competitive Preference Priority--School-Board-Approved Voluntary 
Plans.
    Applications from LEAs with existing school-board-approved 
voluntary student assignment plans, seeking to obtain technical 
assistance to modify or implement those plans.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553) the Department generally offers interested parties 
the opportunity to comment on proposed priorities. Section 437(d)(1) of 
GEPA, however, allows the Secretary to exempt from rulemaking 
requirements, regulations governing the first grant competition under a 
new or substantially revised program authority. Public Law 111-8 and 
its accompanying conference report appropriated, for the first time, 
funds specifically for competitive, technical assistance grants to 
school districts under Title IV of the Civil Rights Act of 1964, 42 
U.S.C. 2000c-2000c-2, 2000c-5. Therefore, this grant competition 
qualifies for this exemption. In order to ensure timely grant awards, 
the Secretary has decided to forgo public comment on the priorities 
under section 437(d)(1) of GEPA. These priorities will apply to the FY 
2009 grant competition only.
    Program Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 97, 98, and 99.

    Note:  The regulations in 34 CFR Part 79 apply to all applicants 
except federally recognized Indian tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $2,250,000.
    Estimated Range of Awards: $200,000-250,000.
    Estimated Average Size of Awards: $225,000.
    Maximum Award: We will reject any application that proposes a 
budget exceeding $250,000 for a single budget period of up to 24 
months. The Secretary may award grants for up to 24 months but no 
grantee shall receive more than $250,000, regardless of the budget 
period. The Assistant Secretary for Elementary and Secondary Education 
may change the maximum amount through a notice published in the Federal 
Register.
    Estimated Number of Awards: 10.

    Note:  The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 24 months.

III. Eligibility Information

    1. Eligible Applicants: Local educational agencies (school 
districts).
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.

IV. Application and Submission Information

    1. Address To Request Application Package:
    You can obtain an application package via the Internet or from the 
program office. To obtain a copy via the Internet, use the following 
address: http://www.ed.gov/programs/tasap/index.html. To obtain a copy 
from the program office, write, fax, or call the following: Fran 
Walter, U.S. Department of Education, 400 Maryland Avenue, SW., room 
3W113, Washington, DC 20202-6400. Telephone: (202) 205-9198 or by e-
mail: [email protected]. Fax: (202) 205-5870. If you use a 
telecommunications device for the deaf (TDD), call, toll free: 1-800-
877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the person listed under Accessible 
Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program.
    Notice of Intent To Apply: We will be able to develop a more 
efficient process for reviewing grant applications if we have a better 
understanding of the number of applications we will receive. Therefore, 
we strongly encourage each potential applicant to send an e-mail notice 
of its intent to apply for funding to the following address: 
[email protected] by August 6, 2009. The notice of intent to apply is 
optional and should not include information about the potential 
applicant's proposal. LEAs that do not provide us with the notice of 
intent to apply may still submit an application.
    Page Limit: The application narrative is where you, the applicant, 
address the selection criteria that reviewers use to evaluate your 
application. You must limit the application narrative to no more than 
25 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the

[[Page 36176]]

application narrative, including titles, headings, footnotes, 
quotations, references, and captions, as well as all text in charts, 
tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The page limit does not apply to the cover sheet; the budget 
section, including the narrative budget justification; the assurances 
and certifications; or the one-page abstract, the resumes, the 
bibliography, or the letters of support. However, the page limit does 
apply to all of the application narrative section.
    We will reject your application if you exceed the page limit; or if 
you apply other standards and exceed the equivalent of the page limit.
    3. Submission Dates and Times:
    Applications Available: July 22, 2009.
    Deadline for Transmittal of Applications: August 21, 2009.
    Applications for grants under this program must be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible though the Department's e-Grants site. For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 6. Other Submission 
Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under 
this program must be submitted electronically unless you qualify for an 
exception to this requirement in accordance with the instructions in 
this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Technical Assistance for Student 
Assignment Plans Program, CFDA number 84.004F, must be submitted 
electronically using e-Application, accessible through the Department's 
e-Grants Web site at: http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    Please note the following:
     You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
program after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
     The hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. 
on Thursdays, Washington, DC time. Any modifications to these hours are 
posted on the e-Grants Web site.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications. You must attach any narrative sections of your 
application as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format. If you upload a file type other than the 
three file types specified in this paragraph or submit a password-
protected file, we will not review that material.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgement that will include a PR/Award 
number (an identifying number unique to your application).
     Within three working days after submitting your electronic 
application, fax a signed copy of the SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at 
(202) 245-6272.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you to transmit your application electronically, by mail, or by 
hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2) (a) E-Application is unavailable for 60 minutes or more between 
the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the 
application deadline date; or

[[Page 36177]]

    (b) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application 
deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due 
to technical problems with the system and, therefore, the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application. Extensions referred to in this 
section apply only to the unavailability of e-Application.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through e-Application because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
e-Application; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Fran Walter, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3W113, LBJ 
Building, Washington, DC, 20202. fax: (202) 205-5870.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.004F), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note:  The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, you should check with 
your local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application, by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.004F), 550 12th Street, SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:  If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by 
the Department--in Item 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this grant notification within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR 75.210. The maximum score for all of the selection criteria 
is 100 points. The maximum score for each criterion is indicated in 
parentheses. The selection criteria for this competition are as 
follows:
    (a) Need for project. (25 points)
    The Secretary considers the need for the proposed project. In 
determining the need for the proposed project, the Secretary considers 
the following factors:
    (1) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project.
    (2) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.

    Note:  Included in the need for assistance will be consideration 
of the complexity of the student assignment plan--the extent to 
which the applicant's student assignment plan involves particular 
challenges because of either the size of the student body that is 
part of the plan, the diversity of the student population that is 
part of the plan, or the applicant's current pattern for assigning 
students to schools.

    (b) Significance. (10 points)
    The Secretary considers the significance of the proposed project. 
In determining the significance of the proposed project, the Secretary 
considers the following factors:
    (1) The likelihood that the proposed project will result in system 
change or improvement.
    (2) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.

    Note:  In evaluating the extent to which the proposed project is 
likely to build capacity to expand services that address the needs 
of the target population, the Secretary considers how the student 
assignment plan will address the needs of the students, teachers, 
and others who will be affected by the plan.

    (c) Quality of the project design. (15 points) The Secretary 
considers the quality of the design of the proposed project. In 
determining the quality of the design of the proposed project, the 
Secretary considers the following factors:

[[Page 36178]]

    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (2) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance.
    (d) Quality of project services. (15 points) The Secretary 
considers the quality of services to be provided by the proposed 
project. In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. In addition, the Secretary 
considers the following factors:
    (1) The extent to which entities that are to be served by the 
proposed technical assistance project demonstrate support for the 
project.
    (2) The extent to which the services to be provided by the proposed 
project reflect up-to-date knowledge from research and effective 
practice.
    (3) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.

    Note: ``Project services'' are the technical assistance 
activities provided to the LEA that are related to the student 
assignment plan. ``Project participants'' are those individuals who 
would be participating in the technical assistance activities, who 
may include, as appropriate, teachers, principals, administrators, 
school board members, parents, and community leaders.

    (e) Quality of project personnel. (10 points)
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel the Secretary considers 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.
    In addition, the Secretary considers the qualifications, including 
relevant training and experience, of project consultants or 
subcontractors.
    (f) Adequacy of resources. (5 points)
    The Secretary considers the adequacy of resources for the proposed 
project. In determining the adequacy of resources for the proposed 
project, the Secretary considers the extent to which the costs are 
reasonable in relation to the objectives, design, and potential 
significance of the proposed project.
    (g) Quality of the management plan. (10 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers 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 milestones for accomplishing 
project tasks.
    (2) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others as appropriate.
    (h) Quality of the project evaluation. (10 points)
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies.
    (2) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section in this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). For specific requirements 
on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: The Department has established the 
following Government Performance and Results Act of 1993 (GPRA) 
performance measure for the Technical Assistance for Student Assignment 
Plans program: The percentage of grantees that have school board-
approved student assignment plans by the end of the project period that 
can be, or are being, implemented.

VII. Agency Contact

    For Further Information Contact: Fran Walter, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 3W113, Washington, DC 20202. 
Telephone: (202) 205-9198 or by e-mail: [email protected].
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package 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 in section VII in this notice.
    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.

    Delegation of Authority: The Secretary of Education has delegated 
authority to Joseph C. Conaty, Director, Academic

[[Page 36179]]

Improvement and Teacher Quality Programs for the Office of Elementary 
and Secondary Education to perform the functions of the Assistant 
Secretary for Elementary and Secondary Education.

    Dated: July 16, 2009.
Joseph C. Conaty,
Director, Academic Improvement and Teacher Quality Programs.
[FR Doc. E9-17492 Filed 7-21-09; 8:45 am]
BILLING CODE 4000-01-P