[Federal Register: July 28, 1998 (Volume 63, Number 144)] [Notices] [Page 40343-40345] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28jy98-131] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Office of Bilingual Education and Minority Languages Affairs AGENCY: Department of Education. ACTION: Notice of Limitations and Procedures for Submission and Evaluation of Amended Applications for [[Page 40344]] Bilingual Education: Comprehensive School Grants ----------------------------------------------------------------------- SUMMARY: The Secretary announces limitations and procedures for submission and evaluation of amended applications for new grants under the Comprehensive School Grants program, which is administered by the Office of Bilingual Education and Minority Languages Affairs (OBEMLA). The limitations and procedures for evaluation and submission apply only in fiscal year (FY) 1998. The Secretary takes this action to allow eligible applicants from California that participated in the Comprehensive School Grants program competition announced in the Federal Register on October 16, 1997 (62 FR 53880-53905) to submit amended applications that take into account the new requirements for serving students with limited English proficiency (LEP) established in that State by Proposition 227, ``English Language Education for Children in Public Schools.'' Proposition 227 was passed by California's voters on June 2, 1998. No other applications or amendments will be accepted. EFFECTIVE DATE: This notice takes effect July 28, 1998. FOR FURTHER INFORMATION CONTACT: Harpreet Sandhu or Diane DeMaio, U.S. Department of Education, 600 Independence Avenue, SW., room 5607, Switzer Building, Washington, DC 20202-6510. Telephone: Harpreet Sandhu (202) 205-9808, Diane DeMaio (202) 205-5716. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Individuals with disabilities may obtain this notice in an alternate format (e.g., Braille, large print, audiotape, or computer diskette) on request to one of the contact persons listed in the preceding paragraph. SUPPLEMENTARY INFORMATION: The Comprehensive School Grants program is authorized in section 7114 of Title VII of the Elementary and Secondary Education Act of 1965 (ESEA), as amended (20 U.S.C. 7424). This program provides grants to local educational agencies (LEAs) or one or more LEAs in collaboration with an institution of higher education, community-based organizations, other LEAS, or a State educational agency. Funds under this program are to be used to implement schoolwide bilingual education programs or schoolwide special alternative instruction programs for reforming, restructuring, and upgrading all relevant programs and operations, within an individual school, that serve all or virtually all LEP children and youth in one or more schools with significant concentrations of those children and youth. On October 16, 1997, the Department announced in the Federal Register the FY 1998 competition for the Comprehensive School Grants program. The deadline for transmittal of applications was January 26, 1998 (62 FR 53880). In response to that invitation 386 eligible applications, 108 of which were from California, were submitted to the Department. These applications have all been evaluated, on the basis of the selection criteria set out in the October 16, 1997 notice, by panels of expert reviewers and placed in a rank order. Based on that rank ordering, the amount of available funds, and other relevant factors, the Department has determined that approximately 45 applications are eligible to receive new awards under the Comprehensive School Grants program. A number of applications from California were within the funding range of this rank order. On June 2, 1998, prior to the Department making any new awards under this year's Comprehensive School Grants program competition, the voters of California approved Proposition 227, which imposes significant new requirements and limitations on how LEAs in that State can educate LEP students. Proposition 227 will take effect at the start of the coming school year. As a result, many of the California LEAs that submitted applications for new awards in this year's Comprehensive School Grants program competition may not be able to carry out the projects described in their application. The California LEAs that submitted applications in this year's Comprehensive School Grants program competition acted in good faith in relying on the State laws on serving LEP students that were in effect on the date applications were due, January 26, 1998. The Secretary has concluded that it would be unfair to the eligible applicants from California that participated in this year's Comprehensive School Grants program competition, and contrary to the needs of children who would be served by those projects, to deny them an opportunity to compete for funding because of the changes in that State's law brought about by the passage of Proposition 227. Given these unique and unprecedented circumstances, the Secretary has decided to allow all eligible applicants from California in this year's Comprehensive School Grant competition an opportunity to submit amended versions of their original applications to make them consistent with Proposition 227. The Secretary has concluded that it is necessary to offer this opportunity because applicants that cannot carry out their proposed projects due to Proposition 227 will need to amend their applications in order to be eligible for a Comprehensive School Grant award. The procedures established in this notice will operate in the following way. First, these procedures will not adversely affect applicants from outside California that finished in the funding range in this year's competition. These applicants will receive grant awards under the Comprehensive School program without regard to the procedures announced in this Notice. Second, eligible applicants from California that cannot carry out their proposed projects consistent with Proposition 227 will be allowed to submit, by not later than August 18, 1998, amended applications. These amended applications will be evaluated by panels of experts using the selection criteria set out in the October 16, 1997 Federal Register notice (62 FR 53880-53905). The absolute and competitive priorities set out in that notice will also apply. Third, eligible applicants from California that have concluded that their applications are consistent with Proposition 227 will inform the Department of that conclusion, and its basis, by August 18, 1998. Finally, based on the scores provided for the amended applications from California and the previous scores of all other applications, a new rank order for the Comprehensive School Grant competition will be created. This new rank order will include all applications from California and all the applications from outside of California that did not finish in the funding range in the initial rank order. (As noted earlier, applicants from outside of California that finished in the funding range in the initial rank order will receive Comprehensive School grant awards). Those applicants that rank high enough in the new rank order will receive Comprehensive School grant awards. Under this process, it is possible that applicants from California that would have finished in the funding range in the initial rank order may not, because of the score received by their amended proposal, finish in the funding range in the new rank order. Conversely, other applicants that would not have finished in the funding range in the initial rank order may finish in the funding range in the new rank order. [[Page 40345]] The Secretary has concluded that this process appropriately addresses and balances the needs of all the applicants that participated in this year's competition, the unique circumstances brought about by the passage of Proposition 227 after the due date for applications had passed, and the public interest in selecting quality projects that address the educational needs of LEP students. The opportunity to submit amended applications is limited to eligible California LEAs that responded to the October 16, 1997 Federal Register notice. LEAs from other States that submitted applications in response to that notice are not affected by Proposition 227 and, as a consequence, do not need to amend their applications. LEAs from California or other States that did not submit Comprehensive School Grant applications in response to the October 16, 1997 Federal Register notice are also excluded because their status in a competition in which they did not elect to participate was not affected by the passage of Proposition 227. Deadline and Procedures for Submission and Evaluation of Amended Applications The Secretary, in order to ensure timely receipt and processing, establishes the following deadline and procedures for submission and evaluation of amended applications from California LEAs that responded to the October 16, 1997 Federal Register notice. Amended applications: In order to be considered for funding under this program, amended applications must be received by the Secretary on or before August 18, 1998. For purposes of amended applications submitted pursuant to this notice, the Secretary will not apply 34 CFR 75.102(b), which requires an application to be mailed, rather than received, by the deadline date. If an eligible applicant wants to submit an amended application, the applicant shall: (1) Mail the original and two copies of the amended application to: U.S. Department of Education, Office of Bilingual Education and Minority Languages Affairs, (Attention West Regional Cluster), 600 Independence Avenue, SW, Switzer Building, room 5607, Washington, DC. 20202-6510; or (2) Hand-deliver the original and two copies of the amended application by 4:30 p.m. on or before the deadline date to: U.S. Department of Education, Office of Bilingual Education and Minority Languages Affairs, (Attention West Regional Cluster), Switzer Building, room 5607, 330 C Street, SW., Washington DC. Non-amended applications: If an eligible applicant concludes that no changes are needed to its application due to Proposition 227, the applicant must inform the Secretary, in writing, of that conclusion, and the basis for reaching it, by August 18, 1998. Mail this statement to: U.S. Department of Education, Office of Bilingual Education and Minority Languages Affairs, (Attention: West Regional Cluster), 600 Independence Avenue, SW, Switzer Building, room 5607, Washington, DC. 20202-6510. Amended applications will be reviewed in accordance with the selection criteria and priorities announced in the October 16, 1997 notice for the Comprehensive School Grants program (62 FR 53880-53905). The scores for the amended applications will then be combined with the scores of the other unfunded applications to create a new rank order. Waiver of Intergovernmental Review for Federal Programs for Amended Applications The Secretary waives the requirements of Executive Order 12372 (Intergovernmental Review of Federal Programs) for amended applications submitted in response to this notice. State Educational Agency Comment The Department, prior to making an award to any applicant from California, including both the amended proposals and the non-amended proposals, will obtain verification from the California Department of Education that the applicant's proposal is consistent with Proposition 227. Waiver of Proposed Rulemaking In accordance with the Administrative Procedure Act (5 U.S.C. 553), it is the practice of the Department to offer interested parties an opportunity to comment on proposed rules or priorities that are not taken directly from a statute. Ordinarily, this practice would have applied to the limitations and procedures in this notice. The Administrative Procedure Act, however, exempts rules from this requirement in those cases where providing an opportunity for public comment is ``impracticable * * * or contrary to the public interest'' (5 U.S.C. 553(b)(B)). In this instance, the Secretary finds that it would be both impracticable and contrary to the public interest to provide an opportunity for public comment. Because FY 1998 awards under the Comprehensive School Grants program can be made no later than September 30, 1998, the Secretary has determined that there is not sufficient time to allow interested parties to comment on this notice. The Department, for the foregoing reasons, also waives the 30 day delayed effective date pursuant to 5 U.S.C. 553(d). Electronic Access to This Document Anyone may view this document, as well as all other Department of Education documents published in the Federal Register, in text or portable document format (pdf) on the World Wide Web at either of the following sites: http://gcs.ed.gov/fedreg.htm http://www.ed.gov/news.html To use pdf you must have the Adobe Acrobat Reader Program with Search, which is available free at either of the previous sites. If you have questions about using the pdf, call the U.S. Government Printing Office toll free at 1-888-293-6498. Anyone may also view these documents in text copy only on an electronic bulletin board of the Department. Telephone: (202) 219-1511 or, toll free, 1-800-222-4922. The documents are located under Option G --Files/Announcements, Bulletins and Press Releases. Note: The official version of a document is the document published in the Federal Register. (Catalog of Federal Domestic Assistance Number, 84.290U, Bilingual Education: Comprehensive School Grants) Program authority: 20 U.S.C. 7424. Dated: July 22, 1998. Delia Pompa, Director, Office of Bilingual Education and Minority Languages Affairs. [FR Doc. 98-20123 Filed 7-27-98; 8:45 am] BILLING CODE 4000-01-P