[Federal Register: November 5, 1996 (Volume 61, Number 215)]
[Notices]
[Page 57229-57230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 57229]]
_______________________________________________________________________
Part IV
Department of Education
_______________________________________________________________________
Part A of Title I of the Elementary and Secondary Education Act of
1965; Notice
[[Page 57230]]
DEPARTMENT OF EDUCATION
Part A of Title I of the Elementary and Secondary Education Act
of 1965
AGENCY: Department of Education.
ACTION: Notice of Interpretation.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Elementary and Secondary Education
interprets section 1112(c)(1)(H) of Title I of the Elementary and
Secondary Education Act of 1965 to permit a local educational agency
(LEA) providing early childhood development services under Title I,
Part A prior to January 1, 1998 to comply with either Sec. 1304.21 of
the revised Head Start performance standards (published in final
elsewhere in this issue of the Federal Register) or the current Head
Start performance standards in 45 CFR 1304.2-1--1304.2-3 (1995). This
interpretation is needed because section 1112(c)(1)(H) of Title I
requires an LEA providing early childhood development services to
comply with Head Start performance standards beginning with fiscal year
1997 funds for use in the 1997-98 school year. However, the newly
revised Head Start performance standards, including Sec. 1304.21, will
not take effect until January 1, 1998.
FOR FURTHER INFORMATION CONTACT:
Mary Jean LeTendre, Director, Compensatory Education Programs, Office
of Elementary and Secondary Education, U.S. Department of Education,
600 Independence Avenue, SW (Portals Building, Room 4400), Washington,
D.C. 20202-6132. Telephone (202) 260-0826. 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.
SUPPLEMENTARY INFORMATION: Section 1112(c)(1)(H) of Title I of the
Elementary and Secondary Education Act of 1965 requires a local
educational agency (LEA) to assure in its Title I, Part A plan that,
beginning in fiscal year 1997, if the LEA ``chooses to use [Part A
funds] to provide early childhood development services to low-income
children below the age of compulsory school attendance, [the LEA will]
ensure that such services comply with the performance standards
established under section 641A(a) of the Head Start Act or under
section 651 of such Act, as such section 651 was in effect on the day
preceding the date of enactment of the Human Services Amendments of
1994.'' Section 1112(c)(3) of Title I exempts an LEA from complying
with Head Start performance standards if it is using Title I, Part A
funds to operate a preschool program using the Even Start model or to
expand its Even Start program.
On April 22, 1996, pursuant to the Head Start Act Amendments of
1994, the Associate Commissioner of the Head Start Bureau,
Administration for Children, Youth and Families, U.S. Department of
Health and Human Services, published proposed regulations revising the
Head Start performance standards (61 FR 17754-17792). At the same time,
the Assistant Secretary for Elementary and Secondary Education, U.S.
Department of Education (Assistant Secretary), published a notice of
interpretation (61 FR 17794-17795) in which he indicated that, to meet
the requirement in section 1112(c)(1)(H) of Title I, an LEA providing
early childhood development services must comply with the proposed Head
Start standards in Sec. 1304.21--Education and Early Childhood
Development.
Section 1304.21 is published in final elsewhere in this issue of
the Federal Register. Consistent with the Assistant Secretary's prior
notice of interpretation, the performance standards in that section
apply to early childhood development services under Title I, Part A.
Cross-references in Sec. 1304.21 to other sections of the Head Start
performance standards do not make those sections applicable to early
childhood development services under Title I, Part A.
As the preamble of the final Head Start performance standards
indicates, those standards, including Sec. 1304.21, will take effect on
January 1, 1998. The Associate Commissioner of the Head Start Bureau
selected this date in response to comments from Head Start grantees
that sufficient lead time was needed to implement changes necessitated
by the revised performance standards. Section 1112(c)(1)(H) of Title I,
however, requires an LEA to comply with Head Start performance
standards beginning with fiscal year 1997 Title I, Part A funds--that
is, funds appropriated for use in the 1997-98 school year. Thus, an LEA
would have to comply with Head Start performance standards before the
newly revised Sec. 1304.21 takes effect.
To afford maximum flexibility to LEAs in designing and implementing
early childhood development services under Title I, Part A during the
1997-98 school year, the Assistant Secretary offers the following
interpretation of section 1112(c)(1)(H) of Title I. Although
Sec. 1304.21 will not be effective until January 1, 1998, an LEA that
complies with the performance standards in that section in providing
early childhood development services under Title I, Part A prior to
January 1, 1998 will satisfy the requirement in section 1112(c)(1)(H)
of Title I. In the alternative, during the 1997-98 school year, an LEA
may comply with the comparable current Head Start performance standards
that will remain in effect until January 1, 1998. Those comparable
standards are contained in 45 CFR 1304.2-1--1304.2-3 (1995).
Waiver of Rulemaking
In accordance with the Administrative Procedure Act (APA) (5 U.S.C.
553), it is the practice of the Secretary to offer interested parties
the opportunity to comment on proposed rules. However, under section
553(b)(A) of the APA, the Secretary is not required to offer the public
an opportunity to comment on an interpretive rule that merely advises
the public of the Department's construction of a statute that it
administers. Because this notice concerns an interpretation with
respect to section 1112(c)(1)(H) of Title I, public comment, pursuant
to 5 U.S.C. 553(b)(A), is unnecessary.
(Catalog of Federal Domestic Assistance Number 84.010, Improving
Programs Operated by Local Educational Agencies)
Dated: October 28, 1996.
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 96-28135 Filed 11-4-96; 8:45 am]
BILLING CODE 4000-01-M