[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 35953-35956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14731]


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DEPARTMENT OF EDUCATION

[CFDA Number 84.351F]


Arts in Education National Program; Final Priority, Requirements, 
Definitions, and Selection Criteria

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice.

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SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement 
announces the final priority, requirements, definitions, and selection 
criteria under the Arts in Education National Program (AENP). The 
Assistant Secretary may use this priority and these requirements, 
definitions and selection criteria for competitions in fiscal year (FY) 
2012 and later years. We take this action to encourage and expand 
national-level high-quality arts education activities and services for 
children and youth, with special emphasis on serving children from low-
income families and children with disabilities.

DATES: Effective Dates: This priority and these requirements, 
definitions, and selection criteria are effective July 16, 2012.

FOR FURTHER INFORMATION CONTACT: Diane Austin, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W245, Washington, DC 20202-
5950. Telephone: (202) 260-1280 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Purpose of Program: The purpose of the AENP is to support national-
level high-quality arts education activities and services for children 
and youth, with special emphasis on serving children from low-income 
families and children with disabilities.
    Program Authority: 20 U.S.C. 7271.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 86, 97, 98, and 99.
    (b) The Education Department debarment and suspension regulations 
in 2 CFR part 3485.
    We published a notice of proposed priority, requirements, 
definitions, and selection criteria for this program in the Federal 
Register on February 2, 2012 (77 FR 5243). That notice contained 
background information and our reasons for proposing the particular 
priority, requirements, definitions, and selection criteria.
    Except for minor editorial revisions, there are no differences 
between the proposed priority, requirements, and selection criteria and 
this final priority, requirements, and selection criteria. There are 
minor editorial changes in the definitions section. These changes are 
fully explained in the Analysis of Comments and Changes section 
elsewhere in this notice.
    Public Comment: In response to our invitation in the notice of the 
proposed priority, requirements, definitions, and selection criteria, 
four parties submitted comments on the proposed priority, requirements, 
definitions, and selection criteria.
    Generally, we do not address technical and other minor changes, or 
suggested changes the law does not authorize us to make. In addition, 
we do not address general comments that raised concerns not directly 
related to the proposed priority, requirements, definitions, or 
selection criteria.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority, requirements, definitions, and 
selection criteria since publication of the notice of proposed 
priority, requirements, definitions, and selection criteria follows.
    Comment: One commenter inquired as to whether the Department 
intended to provide a higher priority to applicants that propose to 
serve younger learners.
    Discussion: The Department is not proposing that a particular age 
group be given priority. Because the AENP is a national program, we 
expect that the age groups to be targeted and the types of proposed 
programming will vary across the country. We believe that applicants 
should have the flexibility to plan and carry out activities and 
services that best address the specific needs of the students they 
serve.
    Changes: None.
    Comment: One commenter suggested that the Department broaden the 
language for both the professional development requirement and the 
development and dissemination of

[[Page 35954]]

instructional materials requirement to specifically include general 
classroom teachers who use the arts in their classrooms. The commenter 
stated that general classroom teachers have had little, if any, 
professional development either in teaching about the arts or 
integrating the arts with other curricula. The commenter further stated 
that general classroom teachers should have access to online 
instructional materials so they can effectively use the arts in their 
classrooms.
    Discussion: The Department agrees that general classroom teachers 
who use arts in their classroom should receive the necessary 
professional development and instructional materials in order to 
provide quality instruction in the arts. In fact, the definition for 
``arts educator'' on page 5244 of the February 2, 2012, proposed notice 
is ``a teacher or other instructional staffer who works in music, 
dance, theater, media arts or visual arts, including folk arts.'' 
Therefore, general classroom teachers who use arts in their classroom, 
as well as other educators who instruct children in the arts, meet the 
definition included in this notice and may benefit from professional 
development, instructional materials, and other services provided under 
the AENP.
    Changes: None.
    Comment: The same commenter suggested that the Department provide a 
definition for the term ``child with disabilities'' as that term is 
used in the notice.
    Discussion: We agree.
    Changes: We are including a definition of ``children with 
disabilities.'' For purposes of this program, ``children with 
disabilities'' means children who meet the definition of ``individual 
with a disability'' applicable to Section 504 of the Rehabilitation Act 
of 1973, as amended, which is set out at 29 U.S.C. 705(20)(B).
    Comment: The same commenter raised concerns about the language 
under Executive Order 13563(4) on page 5245 of the February 2, 2012, 
notice of proposed priority, requirements, definitions, and selection 
criteria. The commenter stated that performance objectives would not 
provide for the kind of rigorous evaluation that should be part of AENP 
and recommended that the evaluation requirements be strengthened. The 
commenter further stated that a well-tailored research and evaluation 
platform would assist the grantee in knowing which programs worked, 
what made them successful, how they affected the target group, and 
provide qualified examples for others.
    Discussion: In the 2012 AENP notice inviting applications for new 
awards, published elsewhere in this issue of the Federal Register, we 
are including selection criteria from the Education Department General 
Administrative Requirements (EDGAR) on the quality of the project 
evaluation, which address the commenter's concerns.
    Changes: We have added selection criteria on evaluation under the 
heading ``Quality of the project evaluation'' in the notice inviting 
applications.
    Comment: One commenter recommended that the art-based educational 
programming requirement be modified to emphasize the importance of 
sequential, standards-based teaching that is unique to music education. 
The commenter added that it would be beneficial for the Department to 
acknowledge the importance of such student engagement, particularly 
among children from low-income families (as defined in this notice).
    Discussion: The Department believes that the commenter's concern is 
addressed by the professional development requirement. Applicants are 
required to describe in their applications how professional development 
in all of the arts, including music, will be aligned with State and 
national standards. In addition, the quality and depth of an 
applicant's professional development plan and the potential impact on 
teachers, and ultimately their students, will be evaluated by peer 
reviewers. This includes the impact of the professional development on 
children from low-income families and on children with disabilities. 
The Department is not giving any particular discipline a priority.
    Changes: None.
    Comment: One commenter suggested that the Department fund multiple 
projects and organizations under AENP in order to more significantly 
affect students by supporting diversified approaches to teaching and 
learning through the arts.
    Discussion: The funds available for this program will likely not be 
sufficient to support more than one grant, particularly given the 
national-level requirement of the projects. Applicants are free to 
request sufficient funding to address the scope and cost of the 
services to be provided up to the maximum level of funding available. 
If the requested budget of the highest ranked application does not 
reach the maximum funding available, and if sufficient funding remains, 
an additional applicant could receive funding.
    Changes: None.
    Final Priority:
    One or more high-quality projects that are designed to develop and 
implement, or expand, initiatives in arts education and arts 
integration (as defined in this notice) on a national level for pre-
kindergarten-through-grade-12 children and youth, with special emphasis 
on serving children from low-income families (as defined in this 
notice) and children with disabilities (as defined in this notice). In 
order to meet this priority, an applicant must demonstrate that the 
project for which it seeks funding will provide services and develop 
initiatives in multiple schools and school districts throughout the 
country, including in at least one urban, at least one rural, and at 
least one high-need community (as defined in this notice).
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Eligibility and Application Requirements:
    The Assistant Deputy Secretary establishes the following 
eligibility and application requirements for this program. We may use 
one or more of these requirements in any year in which we award grants 
for the AENP.
    1. To be eligible for an award, an applicant must be a national 
nonprofit arts education organization (as defined in this notice).
    2. An applicant must describe in its application how it would serve 
children from low-income families (as defined in this notice) and 
children with disabilities.
    3. An applicant must describe in its application how it would 
implement the

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following activities and services at the national level:
    (i) Professional development based on State or national standards 
for pre-kindergarten-through-grade-12 arts educators.

    Note: National standards are the arts standards developed by the 
Consortium of National Arts Education Associations or another 
comparable set of national arts standards. The standards developed 
by the Consortium outline what students should know and be able to 
do in the arts. These are not Department standards. To view the 
standards, please go to www.menc.org/resources/view/the-national-standards-for-arts-education-a-brief-history.

    (ii) Development and dissemination of instructional materials, 
including online resources, in music, dance, theater, media arts, and 
visual arts, including folk arts, for arts educators.
    (iii) Arts-based educational programming in music, dance, theater, 
media arts, and visual arts, including folk arts, for pre-kindergarten-
through-grade-12 students and arts educators.
    (iv) Community and national outreach activities and services that 
strengthen and expand partnerships among schools, school districts, and 
communities throughout the country.
    Final Definitions:
    The Assistant Deputy Secretary establishes the following 
definitions for this program. We may use one or more of these 
definitions in any year in which we award grants for the AENP.
    Arts means music, dance, theater, media arts, and visual arts, 
including folk arts.
    Arts educator means a teacher or other instructional staffer who 
works in music, dance, theater, media arts, or visual arts, including 
folk arts.
    Arts integration means (i) using high-quality arts instruction 
within other academic content areas, and (ii) strengthening the arts as 
a core academic subject in the school curriculum.
    Child from low-income family means a child who is determined by a 
State educational agency or local educational agency to be a child, in 
pre-kindergarten through grade 12, from a low-income family, on the 
basis of (a) The child's eligibility for free or reduced-price lunches 
under the Richard B. Russell National School Lunch Act, (b) the child's 
eligibility for medical assistance under the Medicaid program under 
title XIX of the Social Security Act, (c) the family having an income 
that meets the poverty criteria established by the U.S Department of 
Commerce, or (d) the family's receipt of assistance under Part A of 
title IV of the Social Security Act.
    Children with disabilities means children who meet the definition 
of ``individual with a disability'' applicable to Section 504 of the 
Rehabilitation Act of 1973, as amended, which definition is set out at 
29 U.S.C. 705(20)(B).
    High-need community means (i) a political subdivision of a State or 
portion of a political subdivision of a State, in which at least 50 
percent of the children are from low-income families; or (ii) a 
political subdivision of a State that is among the 10 percent of 
political subdivisions of the State having the greatest numbers of such 
children. For the purposes of determining if a community meets this 
definition, the term ``low-income families'' means families that have 
an income that meets the poverty criteria established by the U.S. 
Department of Commerce for the most recent fiscal year for which 
satisfactory data are available.
    National non-profit arts education organization means an 
organization of national scope that is supported by staff or affiliates 
at the State and local levels and that has a demonstrated history of 
advancing high-quality arts education and arts integration for arts 
educators, education leaders, artists, and students through 
professional development, partnerships, educational programming, and 
supporting systemic school reform.
    Final Selection Criteria:
    The Assistant Deputy Secretary establishes the following selection 
criteria for evaluating an application under this program. We may apply 
one or more of these criteria, as well as criteria from the Education 
Department General Administrative Regulations in 34.CFR 75.210, in any 
year in which this program is in effect. We will announce the maximum 
possible points assigned to each criterion in the notice inviting 
applications, or the application package, or both.
    (1) Significance. The Secretary reviews each application to 
determine the extent to which--
    (a) The proposed project is likely to build State and local 
capacity to provide, improve, or expand arts education and arts 
integration that address the needs of children and youth, with special 
emphasis on serving children from low-income families and children with 
disabilities; and
    (b) The applicant has a history of three or more years of 
demonstrated excellence in the areas of arts education and arts 
integration on a national scale.
    (2) Quality of the project design. The Secretary reviews each 
application to determine the extent to which--
    (a) The design of the proposed project is appropriate to, and will 
successfully address, the arts education needs of pre-kindergarten-
through-grade-12 children and youth, with special emphasis on children 
from low-income families and children with disabilities;
    (b) The proposed project will provide high-quality professional 
development for pre-kindergarten-through-grade-12 arts educators who 
provide instruction in music, dance, drama, media arts, or visual arts, 
including folk arts;
    (c) The proposed project will develop and disseminate instructional 
materials, including online resources, in multiple arts disciplines for 
arts educators and other instructional staff;
    (d) The proposed project will support arts-based educational 
programming; and
    (e) The proposed project will provide community and national 
outreach that strengthens and expands partnerships among schools, 
school districts, and communities throughout the country.
    (3) Quality of project services. In determining the quality of the 
services to be provided by the proposed project, the Secretary 
considers the extent to which--
    (a) The services to be provided by the proposed project involve the 
collaboration of appropriate partners in order to maximize the 
effectiveness of project services; and
    (b) The proposed project will provide services and initiatives that 
will reach students and arts educators in multiple schools and school 
districts in urban, rural, and high-need communities throughout the 
country.
    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 this priority, requirements, definitions, and 
selection criteria, we invite applications through a notice in the 
Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
Tribal governments or communities in a material way (also

[[Page 35956]]

referred to as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority, requirements, definitions, and 
selection criteria only on a reasoned determination that their benefits 
justify their costs. In choosing among alternative regulatory 
approaches, we selected those approaches that maximize net benefits. 
Based on the analysis that follows, the Department believes that this 
regulatory action is consistent with the principles in Executive Order 
13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site 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). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 12, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2012-14731 Filed 6-14-12; 8:45 am]
BILLING CODE 4000-01-P