[Federal Register: November 12, 1997 (Volume 62, Number 218)]
[Notices]
[Page 60751-60754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no97-133]
[[Page 60751]]
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Part II
Department of Education
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National Center or Centers for Research in Vocational Education; Notice
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DEPARTMENT OF EDUCATION
National Center or Centers for Research in Vocational Education
AGENCY: Department of Education
ACTION: Notice of final interpretation and waivers.
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SUMMARY: The Secretary of Education (Secretary) announces an
interpretation of the statute authorizing the National Center or
Centers for Research in Vocational Education (National Center), section
404, Part A, Title IV of the Carl D. Perkins Vocational and Applied
Technology Education Act of 1990 (Act). Under the interpretation, the
Secretary has the authority to extend the five-year project period for
the current National Center at the University of California at
Berkeley. In addition, for the National Center at Berkley, the
Secretary waives the regulations in 34 CFR 75.250 of the Education
Department General Administrative Regulations (EDGAR), which provide
that the Secretary may approve a project period of up to 60 months; the
regulations in 34 CFR 75.261(c)(2) and (3) of EDGAR, which provide for
circumstances under which the Secretary may extend the project period
of an award; and the regulations in 34 CFR 413.4(a), which provide that
the Secretary designates a National Center or Centers once every five
years.
EFFECTIVE DATE: This notice becomes effective on December 12, 1997.
FOR FURTHER INFORMATION CONTACT: Jackie Friederich or Pariece Wilkins,
Division of National Programs, Office of Vocational and Adult
Education, U.S. Department of Education (Mary E. Switzer Building, Room
4526), 600 Independence Avenue, SW, Washington, DC 20202-7242.
Telephone (202) 205-9071. Internet address: Jackie__friederich@ed.gov
and Pariece__wilkins@ed.gov. 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 document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION: In December 1992, after a competition
conducted under the authority of section 404 of the Perkins Act and the
implementing regulations at 34 CFR Part 413, the Secretary awarded
grants to the University of California at Berkeley to operate the
current National Center for Research in Vocational Education. At that
time, the Secretary approved a five-year project period. The National
Center has received annual grant awards since December 1992 for the
purpose of conducting applied research and development activities in
vocational education as well as annual awards for the purpose of
conducting dissemination and training activities in vocational
education. Section 3 of the Act, as amended by Public Law 101-392,
authorized appropriations for Titles I through IV of the Act (including
appropriations for the National Center) for Fiscal Years (FYs) 1991,
1992, 1993, 1994, and 1995. Calendar year 1997 will be the fifth year
of the project period for which the University of California at
Berkeley was selected and awarded grants in 1992. The funds awarded to
the National Center in December of 1992 were utilized by the University
of California at Berkeley to carry out activities in 1993. Since
section 3 of the Act only authorized appropriations under Perkins Act
programs through FY 1995, FY 1996 Perkins Act programs were extended
under the authority of section 422 of the General Education Provisions
Act (Pub. L. 103-382). In FY 1997, Perkins Act programs that were
funded, including the National Center program, operated by authority of
annual congressional appropriations.
On June 20, 1997, the Secretary published a notice of proposed
interpretation and proposed waiver in the Federal Register (62 FR
33726). Except for technical revisions and the waiver of 34 CFR
75.261(c) (2) and (3), there are no differences between the proposed
and final interpretation and waivers.
Analysis of Comments
Interpretation
In response to the Secretary's invitation, 17 parties submitted
comments on the notice of proposed interpretation of section 404 of the
Perkins Act and on the proposed waivers of Secs. 75.250 and 413.4(a).
Comments: All seventeen commenters supported the continuation of
the National Center at the University of California at Berkeley.
Fourteen of these commenters thought the National Center should
continue because they either benefited from or were pleased with the
National Center's work. Five commenters agreed with the Department that
the National Center should be continued because of uncertainties
regarding reauthorization and future funding for the National Center.
Discussion: The Secretary is also pleased with work performed by
the National Center at the University of California at Berkeley. The
National Center has provided valuable research in tech-prep,
integration of academic and vocational education, and both performance
and skills standards. Moreover, the Secretary believes Berkeley is
likely to continue to operate a National Center that addresses the
needs of the vocational education community.
The uncertainties regarding reauthorization and future funding for
the National Center, which prompted the Department to propose the
notice of interpretation and waivers, remain. The Secretary continues
to want to avoid holding a grant competition for a new National Center
in an atmosphere of uncertainty in which potential applicants would not
have critical information. The Secretary is, therefore, issuing this
notice of interpretation that will enable the Department to continue
the existing National Center beyond the 60-month project period, with
new work beginning under the grants in 1998.
Change: None.
Comment: One commenter strongly encouraged the National Center,
during its one-year extension, to provide research that supports a
strengthened State leadership role for vocational technical education
and to conduct research that will assist States in critical issues such
as vocational technical education's role in welfare reform and
vocational teacher education.
Discussion: The Secretary believes that one of the most important
activities of the National Center is applied research and dissemination
that help to shape the future of vocational education and that are
especially useful to educators in strengthening vocational education
programs. In this regard, the Secretary plans for the National Center
to enhance its dissemination activities and efforts to assist States
and localities to address their needs. During the 1998 project period
the National Center will provide States with materials and services in
key areas of need, which may include use performance data, professional
development, welfare reform, and curriculum integration, and will
provide technical assistance in the use of the National Center's
research findings through regional workshops.
Change: None.
Waiver
Comment: None.
Discussion: In order to extend the five-year project period for the
current National Center, the Secretary has waived 34 CFR 75.250, which
provides
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that the Secretary may approve a project period of up to 60 months, and
Sec. 413.4(a), which provides that the Secretary designates a National
Center or Centers once every five years. Consistent with these two
waivers, the Secretary has determined that he will waive 34 CFR
75.261(c)(2) and (3) so as to authorize the extension to Berkeley even
though the extension will involve the obligation of new Federal monies
and the performance of new work.
Change: This notice now includes a waiver of 34 CFR 75.261(c)(2)
and (3).
Interpretation and Waivers
The authorization of appropriations for the Perkins Act has expired
and the National Center is being funded and administered on the basis
of year-to-year congressional appropriations. There is no authorization
of appropriation for the years that would be covered by new five-year
National Center grants, were there to be a competition. The National
Center authority in section 404 of the Perkins Act requires that the
Secretary operate a National Center or Centers for a period of five
years. December 31, 1997 will be the end of the five-year period for
the current National Center and, therefore, the statutory requirement
will have been met. The Secretary does not view the statute as
requiring a new competition for new five-year grants especially since
there are no appropriations authorized. Accordingly, the Secretary
interprets the statute as authorizing him to extend the current
National Center.
In view of the uncertainties presented by the absence of
appropriation authority, the Secretary seeks to avoid a situation where
the current National Center ceases operations and a new National Center
starts up operations the next year, very possibly resulting in a
difficult transition period and a truncated project period during which
essential research, development, dissemination, and training activities
will not be undertaken, causing a potentially serious disruption of
services to the vocational education community. The Secretary also does
not wish to place potential applicants in the position of expending
resources applying for Federal funds without knowing the full amount of
funds for which they are applying or the period of years for which they
are seeking to be funded. Also, the Secretary is generally reluctant to
announce a competition whereby eligible entities would be expected to
proceed through the application preparation and submission processes
while lacking critical information and does not think that it would be
in the public interest to do so. The Secretary, therefore, adopts the
interpretation and waives certain regulations for the National Center
at Berkeley in order to provide an appropriate and cost-effective way
of implementing existing legislation while serving the interest of the
education community.
The Secretary adopts the interpretation of section 404 of the
Perkins Act and waives Secs. 75.250 and 75.261(c)(2) and (3) of EDGAR
and Sec. 413.4(a) of the program regulations as they apply to the
National Center at Berkeley. This interpretation and these waivers
authorize the Secretary to extend the grants to the University of
California at Berkeley beyond the 60-month period provided for in
Sec. 75.250, with new work beginning under the grants in 1998. The
Secretary will extend the grants if it is determined, based on
information available, that Berkeley is making substantial progress and
will likely continue to make substantial progress in performing all
required activities.
Assuming that Berkeley is making substantial progress in performing
the required activities, the Secretary will extend the grants to
Berkeley for one additional year (through December, 1998), by awarding
two grants totaling $4.5 million under the authority of the Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, Public Law 104-208. However, additional
extensions could be made if Congress makes further appropriations
without underlying authorizing legislation. During the period of any
extension, the Secretary will review the activities of the National
Center to ensure that Berkeley continues to make substantial progress
in performing all required activities.
The Secretary does not interpret the waivers as exempting the
grantee from the account closing provisions of Pub. L. 101-510 or as
extending the availability of FY 1992, 1993, 1994, 1995, and 1996 funds
awarded to the grantee. As a result of Pub. L. 101-510, appropriations
available for a limited period may be used for payments of valid
obligations for only five years after the expiration of their period of
availability for Federal obligation. After that time, the unexpended
balance of those funds is canceled and returned to the Treasury
Department and is unavailable for restoration for any purpose.
Therefore, FY 1993 funds awarded to Berkeley for the National Center
will not be available for payments on obligations after September 30,
1998. If the grants are extended for additional years, funds will be
available for payments on valid obligations for only five years after
the expiration of their period of availability. For example:
(a) FY 1994 funds [or appropriations] will not be available for
payment of obligations after September 30, 1999.
(b) FY 1995 funds [or appropriations] will not be available for
payment of obligations after September 30, 2000.
During the period of the extension of the National Center, the
Secretary will give special emphasis to several of the mandatory
statutory and regulatory activities the National Center is required to
carry out, which appear to be of particular concern to the education
community, in the following areas:
(a) Integration of academic and vocational education.
(b) Accountability in vocational education, including the use of
performance standards for program improvement.
(c) Education of students in all aspects of an industry.
(d) Development of effective methods for promoting literacy and
communication skills in students.
(e) Use of technology to enhance learning and support the
transference of knowledge.
(f) Teacher and administrator training and leadership development.
(g) Articulation of secondary and postsecondary instruction with
high quality work-based learning.
(h) A study on the research conducted on approaches that lead to
effective articulation of the education-to-work transition.
(i) Dissemination of exemplary practices and materials, including
curriculum and instructional materials.
(j) Development and utilization of a national level dissemination
network, including the broad dissemination of the results of research
and development conducted by the National Center.
(k) Development and publication of curriculum materials.
(l) Development of processes for the synthesis of research.
The activities of the National Center provide valuable support to
the Department's new initiatives that are geared toward preparing
students for high-skill jobs by providing them with the academic,
technical, and related skills needed for the twenty-first century.
These initiatives support the development of high levels of academic
standards and occupational skills for all students by promoting
education reform, improvements at the postsecondary level in the
delivery of services to vocational education students and in teacher
and administrator training and leadership
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development, and the development of school-to-work systems. Through
research and dissemination initiatives in areas such as the integration
of academic and vocational education and the education of students in
all aspects of an industry, new findings can be identified and
disseminated in areas such as linking secondary and postsecondary
learning, and the formation of effective partnerships among schools,
employers, parents, and community and labor organizations that enhance
school-based and work-based learning. Other possible research,
development, and dissemination strategies that address these priorities
could include the use of support services and supportive learning
environments, the development and use of effective performance
management systems for program improvement, and the integration of
occupational skill standards and assessments with academic performance
standards and assessments. Through the exploration, development,
identification, and dissemination of these strategies, the work of the
National Center will have a significant impact on education policy and
practice which will benefit the collaborative education and training
efforts of institutions, educators, businesses, and students.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedures Act (5 U.S.C.
553), it is the practice of the Secretary to offer interested parties
the opportunity to comment on proposed regulations. However, the waiver
of 34 CFR 75.261(c)(2) and (3) is a procedural change only and does not
establish new substantive policy. Moreover, the waiver of 34 CFR
75.261(c)(2) and (3) is fully consistent with the Secretary's waiver of
34 CFR 75.250 and 413.4(a)--on which the Secretary sought public
comment on June 20, 1997 (62 FR 33726)--in that 75.261(c)(2) and (3)
provide for circumstances under which the Secretary may extend the
project period of an award. Therefore, proposed rulemaking is not
required under 5 U.S.C. 553(b)(A) and is unnecessary and contrary to
the public interest under 5 U.S.C. 553(b)(B).
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://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use the 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 this document is the document
published in the Federal Register.
(Catalog of Federal Domestic Assistance Number 84.051 National
Center for Research in Vocational Education)
Authority: 20 U.S.C. 1221e-3; 20 U.S.C. 2404; 20 U.S.C. 3474.
Dated: October 4, 1997.
Christine D. Kulick,
Acting Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 97-29611 Filed 11-10-97; 8:45 am]
BILLING CODE 4000-01-P