[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Proposed Rules]
[Pages 69579-69585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28216]
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DEPARTMENT OF EDUCATION
34 CFR Chapter IV
[Docket ID ED-2012-OVAE-0053]
Proposed Requirements, Definitions, and Selection Criteria--
Native American Career and Technical Education Program (NACTEP)
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Proposed requirements, definitions, and selection criteria.
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Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.
SUMMARY: The Assistant Secretary for Vocational and Adult Education
proposes requirements, definitions, and selection criteria under the
Native American Career and Technical Education Program (NACTEP). The
Assistant Secretary may use these requirements, definitions, and
selection criteria for a competition in fiscal year (FY) 2013 and
possibly in later years. The requirements, definitions, and selection
criteria we propose in this notice are the same as those we used in the
notice inviting applications for the first NACTEP competition we held
in FY 2007 (see Federal Register March 23, 2007 (72 FR 13770) (March
2007 notice)) following the enactment of the Carl D. Perkins Career and
Technical Education Act of 2006 (Act). In the March 2007 notice, we
established these requirements, definitions, and selection criteria
pursuant to a waiver of rulemaking under the authority of section
457(d) of the General Education Provisions Act. Because the project
period for NACTEP grants awarded in FY 2007 will end in September 2013,
we are publishing the NACTEP requirements, definitions, and selection
criteria for public comment. When published in final, these
requirements, definitions, and selection criteria would govern the next
NACTEP competition and possibly also subsequent NACTEP competitions.
DATES: We must receive your comments on or before December 20, 2012.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by email. To ensure that we do not receive
duplicate copies, please submit your comments only once. In addition,
please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``How to Use This Site.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed requirements,
definitions, and selection criteria, address them to Gwen Washington,
U.S. Department of Education, 400 Maryland Avenue SW., room 11076,
Potomac Center Plaza, Washington, DC 20202-7241; or Linda Mayo, U.S.
Department of Education, 400 Maryland Avenue SW., Room 11075, Potomac
Center Plaza, Washington, DC 20202-7241.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to
include in their comments only information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Gwen Washington, by telephone: (202)
245-7790, or by email: [email protected]; or Linda
[[Page 69580]]
Mayo, by telephone: (202) 245-7792, 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:
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
requirement, definition, or selection criterion 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 these proposed requirements, definitions, and selection
criteria by accessing Regulations.gov. You may also inspect the
comments in person in rooms 11076/11075, 550-12th Street SW.,
Washington, DC, between 8:30 a.m. and 4:00 p.m., Washington, DC time,
Monday through Friday of each week except Federal holidays. Please
contact the persons listed under FOR FURTHER INFORMATION CONTACT.
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: Under NACTEP, the Secretary provides grants,
cooperative agreements, or enters into contracts with Indian tribes,
tribal organizations, or Alaska Native entities to improve career and
technical education programs that are consistent with the purposes of
the Act and that benefit Native Americans and Alaska Natives.
Program Authority: 20 U.S.C. 2301 et seq., particularly 2326(a)-
(g).
Proposed Requirements, Definitions, and Selection Criteria
Background
Section 116 of the Act authorizes the Secretary to award grants,
cooperative agreements, or enter into contracts with Indian tribes,
tribal organizations, and Alaska Native entities to operate career and
technical education projects that improve career and technical
education for Native American and Alaska Native students. Bureau-funded
schools are eligible under NACTEP, except for Bureau-funded schools
proposing to use their awards to support secondary school career and
technical education programs. Any Indian tribe, tribal organization,
Alaska Native entity, or eligible Bureau-funded school may apply
individually or as part of a consortium with one or more eligible
tribes, tribal organizations, Alaska Native entities, or eligible
Bureau-funded schools. (Eligible applicants seeking to apply for funds
as a consortium must meet the requirements in 34 CFR 75.127-75.129,
which apply to group applications.)
The Act also provides in the statement of purpose that programs
funded under the Act should build on the efforts of States and
localities to develop challenging academic and technical standards and
to assist students in meeting such standards, including in preparation
for high-skill, high-wage, or high-demand occupations in emerging or
established professions. (20 U.S.C. 2301(1)) In addition, programs are
required to provide technical assistance that promotes leadership,
initial preparation, and professional development and improves the
quality of career and technical education teachers, faculty,
administrators, and counselors. (20 U.S.C. 2301(5)) Additionally, the
Act's purpose section calls for supporting partnerships among secondary
schools, postsecondary institutions, baccalaureate degree-granting
institutions, area career and technical education schools, local
workforce investment boards, business and industry, and intermediaries,
as well as for providing, in conjunction with other education and
training programs, individuals with opportunities throughout their
lives to develop the knowledge and skills needed to keep the United
States competitive. (20 U.S.C. 2301(6) and (7))
We are not including in this notice, or seeking public comment on,
requirements or definitions contained in the Act, in Federal statutory
provisions cross-referenced in the Act, in the Education Department
General Administrative Regulations (EDGAR), or in any other applicable,
existing regulations. For the convenience of eligible applicants, in
our notice announcing the next NACTEP competition we plan to discuss
statutory program requirements and definitions, and key applicable
regulatory provisions, as we did in the March 2007 notice inviting
applications.
Proposed Requirements
I. Demonstration of Eligibility
(a) We propose that an eligible applicant (as determined by the
Act) must include documentation in its application showing that it and,
if appropriate, its consortium members are eligible to apply.
(b) As defined in the Indian Self-Determination and Education
Assistance Act (ISDEA) (25 U.S.C. 450b(l)) the term ``tribal
organization'' means the recognized governing body of any Indian tribe;
any legally established organization of Indians which is controlled,
sanctioned, or chartered by such governing body or which is
democratically elected by the adult members of the Indian community to
be served by such organization and which includes the maximum
participation of Indians in all phases of its activities: provided,
that in any case where a contract is let or grant made to an
organization to perform services benefiting more than one Indian tribe,
the approval of each such Indian tribe shall be a prerequisite to the
letting or making of such contract or grant. In accordance with this
statutory definition, we propose that any tribal organization proposing
to provide NACTEP services for the benefit of more than one Indian
tribe must first obtain the approval of each Indian tribe it proposes
to serve and must submit documentation of such approval with its NACTEP
application and that documentation of tribal approval be a prerequisite
to the awarding of a NACTEP grant to any tribal organization proposing
to serve more than one Indian tribe.
II. Authorized Programs, Services, and Activities
Consistent with the Act, the Secretary proposes the following
requirements, to align NACTEP with other authorized programs that
require recipients of funds under the Act to develop challenging
academic standards and improve career and technical education.
(a) Authorized programs. Section 116(e) of the Act requires the
Secretary to ensure that activities funded under NACTEP ``will improve
career and
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technical education programs'' (20 U.S.C. 2326(e)). Therefore, the
Secretary proposes to award grants to carry out projects that--
(1) Propose organized educational activities offering a sequence of
courses that--
(i) Provide 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;
(ii) Provide technical skill proficiency, an industry-recognized
credential, a certificate, or an associate degree; and
(iii) Include competency-based applied learning that contributes to
the academic knowledge, higher-order reasoning and problem-solving
skills, work attitudes, general employability skills, technical skills,
and occupation-specific skills, and knowledge of all aspects of an
industry, including entrepreneurship, of an individual. Projects may
include prerequisite courses (other than remedial courses) that meet
the definitional requirements of section 3(5) of the Act. (20 U.S.C.
2302(5)) In addition, at the secondary level, coherent and rigorous
academic curriculum must be aligned with challenging academic content
standards and student academic achievement standards in reading or
language arts and in mathematics that the State in which the applicant
is located has established under the Elementary and Secondary Education
Act, as amended (20 U.S.C. 6301 et seq.) Contacts for State ESEA
programs may be found on the Internet at: http://www.ed.gov/about/contacts/state/index.html.
(2) 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
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.
(3) 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 NACTEP;
(ii) Will improve or expand an existing career and technical
education program; or
(iii) Inherently improves career and technical education.
Note: A program, service, or activity ``inherently improves
career and technical education'' if it--
(a) Develops new career and technical education programs of
study that will be approved 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 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; and
(g) Offers--
(1) Work-related experience, internships, cooperative education,
school-based enterprises, 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 weekends and/or during the summers, so
they can meet higher standards;
(3) Career guidance and academic counseling for students
participating in career and technical education programs;
(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 career and
technical skills;
(7) The use of student assessment and evaluation data to improve
continually instruction and staff development with the goal of
increasing student achievement in career and technical education
programs; or
(8) Research, development, demonstration, dissemination,
evaluation and assessment, capacity-building, and technical
assistance, related to career and technical education programs.
(b) Student stipends. In accordance with section 116(c)(2) of the
Act, a portion of an award under this program may be used to provide
stipends (as defined in the Definitions section of this notice) to one
or more students to help meet the students' costs of participation in a
NACTEP project. We propose the following procedures for determining
student eligibility for stipends and appropriate amounts to be awarded
as stipends:
(1) 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 NACTEP 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.
(2) 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.
(3) A grantee may only award a stipend 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 participating in a
NACTEP project.
(4) To calculate the amount of a student's stipend, a grantee would
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.
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 = $145.00).
Note: In accordance with applicable Department statutory
requirements and administrative regulations, grantees must maintain
records that fully support their
[[Page 69582]]
decisions to award stipends and the amounts that are paid, such as
proof of a student's enrollment in a NACTEP project, stipend
applications, timesheets showing the number of attendance hours
confirmed in writing by an instructor, student financial status
information, and evidence that a student would not be able to
participate in the NACTEP project without a stipend. (20 U.S.C.
1232f; 34 CFR 75.700-75.702; 75.730; and 75.731).
(5) An eligible student may receive a stipend when taking a course
for the first time. However, generally a stipend may not be provided to
a student who has already taken, completed, and had the opportunity to
benefit from a course and is merely repeating the course.
(6) An applicant must include in its application the procedure it
intends to use to determine student eligibility for stipends and
stipend amounts, and its oversight procedures for the awarding and
payment of stipends.
(c) Direct assistance to students. We propose that a grantee may
provide direct assistance to students (as defined in this notice) if
the following conditions are met:
(1) The recipient of the direct assistance is an individual who is
a member of a special population and who is participating in the
grantee's NACTEP project.
(2) The direct assistance is needed to address barriers to the
individual's successful participation in that project.
(3) The direct assistance is part of a broader, more generally
focused program or activity to address 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. (20 U.S.C. 2391(a)) For example, generally, a
postsecondary educational institution could not use NACTEP 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
would have been available to career and technical education students in
the absence of NACTEP funds.
(5) In determining how much of the NACTEP grant funds it will use
for direct assistance to an eligible student, a grantee must consider
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 NACTEP project funds for a grantee to use 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.
III. Additional Proposed Program Requirements
(a) Career and technical education agreement. Any applicant that is
not proposing to provide career and technical education directly to its
students and proposes instead to use NACTEP funds to pay one or more
qualified educational entities to provide education to its students
must include with its application a written career and technical
education agreement between the applicant and that entity. The written
agreement must describe the commitment between the applicant and each
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 president of a tribe or tribal
organization, a college president, or a college dean.
(b) Evaluation Requirements. To help ensure the high quality of
NACTEP projects and the achievement of the goals and purposes of
section 116 of the Act, each grantee must budget for and conduct an
ongoing evaluation of the effectiveness of its NACTEP project. An
independent evaluator must conduct the evaluation. The evaluation
must--
(1) Be appropriate for the project and be both formative and
summative in nature;
(2) Include--
(i) Applicable performance measures for NACTEP;
(ii) Qualitative and quantitative data with respect to--
(A) Academic and career and technical competencies demonstrated by
the participants and the number and kinds of academic and work
credentials acquired by individuals, including participation in
programs providing skill proficiency assessments, industry
certifications, or training at the associate degree level that is
articulated with an advanced degree option;
(B) Enrollment, completion, and placement of participants by gender
for each occupation for which training was provided;
(C) 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;
(D) 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;
(E) The number and percentage of students who obtained industry-
recognized credentials, certificates, or degrees;
(F) If available, the outcomes of students' technical assessments,
by type and scores; and
(G) The rates of attainment of a proficiency credential or
certificate, in conjunction with a secondary school diploma.
(c) Project Effectiveness. Measure the effectiveness of the
project, including:
(1) A comparison between the intended and observed results; and
(2) A demonstration of a clear link between the observed results
and the specific treatment given to project participants.
(d) Dissemination. Measure 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.
(e) Long-Term Impact. Measure the long-term impact of the project,
such as, follow-up data on students' employment, sustained employment,
promotions, and further/continuing education or training, or the impact
the project had on tribal economic development or career and technical
education activities offered by tribes.
Proposed Definitions
We are proposing the following definitions for program terms not
defined in the Act, by cross-references in the Act to other Federal
statutes, or in EDGAR:
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
[[Page 69583]]
Health and Human Services Poverty Guidelines.
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 for a student that is
necessary for the student to participate in a project funded under this
program.
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.
We will announce the maximum possible points assigned to each criterion
in the notice inviting applications, in the application package, or
both.
(a) Need for project. In determining the need for the proposed
project, we consider the extent of the need for the services to be
provided or the activities to be carried out by the proposed project,
as evidenced by data on such phenomena as local labor market demand or
occupational trends, or from surveys, recommendations from accrediting
agencies, or tribal economic development plans.
(b) Significance. In determining the significance of the proposed
project, we consider the following factors:
(1) The potential contribution of the proposed project toward
increasing the understanding of educational needs, issues, or
strategies for providing career and technical education to American
Indians and Alaska Natives.
(2) The likelihood that the proposed project will result in system
change or improvement in the applicant's educational program as
evidenced by the types of training and activities identified in the
project application.
(3) The extent to which the proposed project is likely to build
local capacity to provide, improve, or expand services that address the
career and technical needs of the target population.
(c) 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 goals, objectives, and outcomes are clearly
specified and measurable (e.g., identification of the requirements for
each course of study to be provided under the project, the technical
skill proficiencies to be taught and the industry-recognized standards
or competency assessments to be used, including related training areas
and a description of the industry certifications, credentials,
certificates, or degrees that students may earn; expected enrollments,
completions, and student placements in jobs, military specialties, and
continuing education/training opportunities in each career training
area; the number of teachers, counselors, and administrators to be
trained).
(2) 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 the applicant's
description of programs and activities that align with the target
population's needs.
(3) The extent to which the design for implementing and evaluating
the proposed project plans for and is likely to result in the
development of information that will guide possible dissemination of
information on project practices, activities, or strategies, including
information about the effectiveness of the approach or strategies
employed by the project, planned dissemination activities, the kind of
practices, activities, or strategies to be disseminated, the target
audience for the dissemination of such practices, activities, or
strategies, and the proposed uses for such disseminated practices,
activities, or strategies.
(4) The extent to which the proposed project will establish
linkages with or will be coordinated with similar or related efforts,
and with community, State, or Federal resources, where such
opportunities and resources exist.
(d) Quality of project services. In determining the quality of the
services to be provided by the proposed project, we consider the
following factors:
(1) The extent to which the training or professional development
services to be provided by the proposed project would be of sufficient
quality, intensity, and duration to lead to improvements in practice
among the project staff and instructors, including the extent to which
the proposed training and professional development plans address ways
in which learning gaps will be addressed and how continuous review of
performance will be conducted to identify training needs.
(2) The extent to which the services to be provided by the proposed
project will create opportunities for students to receive an industry-
recognized credential; become employed in high-skill, high-wage, and
high-demand occupations; or both.
(3) The extent to which the services proposed in the project will
create opportunities for students to acquire technical skill
proficiencies, industry certifications, or the skills identified by
State or industry-recognized career and technical education programs or
professions. In describing the services, there must be a clear link
between the services and the skill proficiencies, industry
certifications, credentials, certificates, or degrees that students may
earn.
(e) 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 color, national origin,
gender, age, or disability.
(2) The qualifications, including relevant training, expertise, and
experience, of the project director, key personnel, and project
consultants.
(3) The extent to which the project will use instructors who are
certified to teach in the field in which they will provide instruction.
(f) 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 tribal entity or entities to be served.
(2) The extent to which the budget is adequate and costs are
reasonable in relation to the objectives of the proposed project.
(3) The relevance and demonstrated commitment (e.g., through
written career and technical education agreements, memoranda of
understanding, letters of support and commitment, or commitments to
employ project participants, as appropriate) of the applicant, members
of the consortium, local employers, or tribal entities to be served by
the project.
(4) The potential for continued support of the project after
Federal funding ends.
(g) 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 are
[[Page 69584]]
appropriate and adequate to meet the objectives of the proposed
project.
(3) The adequacy of mechanisms for ensuring high-quality products
and services from the proposed project.
(h) 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 Government Performance and
Results Act of 1993 (GPRA) performance measures, and will produce
quantitative and qualitative data, to the extent possible.
(3) The extent to which the methods of the evaluation include
processes that consider the validity and integrity of data collection
and analysis; accessibility of appropriate and timely data; accurate
descriptions of performance; collection processes that yield unbiased,
unprejudiced, and impartial data results; and the extent to which
representation of the data clearly communicates an accurate picture of
performance.
(4) The extent to which the methods of evaluation will provide
performance feedback and continuous improvement toward achieving
intended outcomes.
(5) The quality of the evaluation to be conducted by an external
evaluator with the necessary background and technical expertise to
carry out the evaluation.
Additional Selection Factors
In accordance with the requirement in section 116(e) of the Act, we
have included the following additional selection factors and propose to
award additional points to any application addressing the following
factors, as indicated. We are not soliciting public comment on the
section 116(e) requirement but only on the way we are proposing to meet
the requirement.
We propose to award--
(a) Up to 10 additional points to applications that propose
exemplary approaches that involve, coordinate with, or encourage tribal
economic development plans; and
(b) Five points to applications from tribally controlled colleges
or universities that--
(1) Are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an institution of
postsecondary career and technical education; or
(2) Operate career and technical education programs that are
accredited or are candidates for accreditation by a nationally
recognized accreditation organization and issue certificates for
completion of career and technical education programs (20 U.S.C.
2326(e)).
We will determine final requirements, definitions, and selection
criteria for NACTEP after considering responses to this notice and
other information available to the Department. We will announce final
requirements, definitions, and selection criteria for NACTEP in a
notice in the Federal Register. This notice does not preclude us from
proposing additional priorities, requirements, definitions, or
selection criteria, subject to meeting applicable rulemaking
requirements.
This notice does not solicit applications. In any year in which we
choose to use this proposed priority and one or more of these proposed
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 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 proposed 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 proposed 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 these proposed requirements, definitions, and
selection criteria based on a reasoned determination that their
benefits would justify their costs. In choosing among alternative
regulatory approaches, we selected those approaches that would 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 would not
unduly interfere with 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
[[Page 69585]]
requirements and those we have determined as necessary for
administering the Department's programs and activities.
Intergovernmental Review: This program is not 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 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: November 15, 2012.
Daniel J. Miller,
Executive Officer, Delegated Authority to Perform the Functions and
Duties of the Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-28216 Filed 11-19-12; 8:45 am]
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