FR Doc 03-1373
[Federal Register: January 21, 2003 (Volume 68, Number 13)]
[Notices]
[Page 2753-2754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja03-33]
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DEPARTMENT OF EDUCATION
State Flexibility Program
AGENDA: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice amending eligibility requirements and extending
application deadline.
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SUMMARY: Under the State Flexibility (``State-Flex'') Program, the
Secretary will competitively grant State-Flex authority to up to seven
State educational agencies (SEAs), permitting them to (1) consolidate
certain Federal education funds that are provided for State-level
activities and State administration and use those funds for any
educational purpose authorized under the Elementary and Secondary
Education Act (ESEA) in order to meet the State's definition of
adequate yearly progress (AYP) and advance the education priorities of
the State and its local educational agencies (LEAs); and (2) specify
how LEAs in the State will use funds allocated under section 5112(a)
(State Grants for Innovative Programs) of the ESEA. In addition, an SEA
with State-Flex authority must enter into performance agreements with
at least four, but no more than ten, LEAs (at least half of which must
be high-poverty LEAs), giving those LEAs the flexibility to consolidate
certain Federal education funds and to use those funds for any
educational purpose permitted under the ESEA in order to meet the
State's definition of AYP and specific, measurable goals for improving
student achievement and narrowing achievement gaps.
In this notice, we are (1) amending the State-Flex eligibility
requirements consistent with the recently announced requirements for
submission of accountability plans under Title I of the ESEA and (2)
extending the deadline for eligible SEAs to apply to participate in the
State-Flex program.
Application Deadline: February 28, 2003.
Eligible Applicants: To be eligible to participate in this State-
Flex competition, an SEA must have submitted, by January 31, 2003, its
accountability workbook under Title I of the ESEA.
SUPPLEMENTARY INFORMATION: On October 11, 2002, we published in the
Federal Register a notice inviting applications for State flexibility
authority (67 FR 63,394-63,395) and a notice of final application
requirements, selection criteria, and competition schedule (67 FR
63,390-63,394). At that time, we established a State-Flex application
deadline of January 17, 2003 and indicated that to be eligible to
apply, an SEA had to either have its AYP definition approved by the
Department or submit an assurance that it would provide the Department
with a State AYP definition that meets the requirements of section
1111(b)(2) of the ESEA by the AYP deadline established by the
Department.
Subsequent to announcing the initial State-Flex competition, the
Department published final accountability regulations under Title I and
sent to all States an accountability workbook to assist them in
submitting their accountability plans for peer review and approval.
Because the primary purpose of the State-Flex program is to assist
States and affected LEAs in meeting the State's definition of AYP under
Title I, in this notice, the Department is amending the State-Flex
eligibility requirements to reflect the recently announced steps that
States must take to comply with Title I accountability requirements.
Under Title I, States must submit their completed accountability
workbook to the Department by January 31, 2003. The workbook will
document how respective elements that are required for approval are met
by existing State policy, or will be met through a proposed State
policy. For each proposed policy that a State lists in its workbook,
the State must include a dateline demonstrating the steps that it will
take to adopt the policy prior to the May 1, 2003 deadline for final
submission of State accountability plans.
Thus, to be eligible to participate in the State-Flex program, a
State must have submitted the completed workbook by the deadline
established by the Department under Title I.
The Secretary intends to select up to four SEAs for participation
in State-Flex in this initial competition. In conducting the
competition, the Department will review the quality of State-Flex
plans, including the quality of the local performance agreements that
are submitted as part of those plans, on the basis of the selection
criteria announced in the October 11, 2002 Federal Register notice (67
FR 63,390-63,394). If an SEA selected for State-Flex authority has not
yet received final
[[Page 2754]]
approval of its accountability system as required under Title I, that
SEA will receive conditional State-Flex authority. An SEA with
conditional State-Flex authority will not be able to exercise its
State-Flex authority or implement any portion of its State-Flex plan
(including the local performance agreements) unless the Department
fully approves the SEA's accountability system by the deadline
established under Title I.
The Department will select the additional State-Flex SEAs in a
subsequent competition.
FOR FURTHER INFORMATION CONTACT: Ms. Milagros Lanauze. Telephone: (202)
401-0039 or via Internet: StateFlex@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this notice in an alternative
format (e.g., Braille, large print, audiotape, or computer diskette) on
request to the contact person listed above.
APPLICATIONS: You may obtain a copy of the application on the
Department's Web site at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ed.gov/GrantApps/#stateflex.
You may also obtain a copy of the application from the contact
person identified under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document
You may view this document, as well as other Department of
Education documents published in the Federal Register in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ed.gov/legislation/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 version of the Federal Register and the Code of Federal
Regulations is available on GPO access at: http://www.access.gpo.gov/nara/index.html
.
Program Authority: Sections 6141 through 6144 of the ESEA, as
amended by the No Child Left Behind Act of 2001 (P.L. 107-110).
Dated: January 16, 2003.
Eugene W. Hickok,
Under Secretary.
[FR Doc. 03-1373 Filed 1-16-03; 2:22 pm]
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