[Federal Register: May 22, 2002 (Volume 67, Number 99)]

[Notices]               

[Page 35967-35980]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22my02-29]                         



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DEPARTMENT OF EDUCATION



 

Office of Elementary and Secondary Education; Consolidated State 

Applications Under Section 9302 of the Elementary and Secondary 

Education Act



AGENCY: Department of Education.



ACTION: Notice of final requirements.



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SUMMARY: We announce final requirements for optional State consolidated 

applications submitted under section 9302 of the Elementary and 

Secondary Education Act of 1965 (ESEA), as reauthorized by the No Child 

Left Behind Act of 2001, Pub. L. 107-110 (NCLB). Submitting a 

consolidated application will allow a State to obtain funds under many 

Federal programs through a single application, rather than through 

separate applications for each program. To receive fiscal year (FY) 

2002 program funds on a timely basis, a State educational agency's 

(SEA's) application will need to be received no later than June 12, 

2002.



DATES: These requirements are effective June 21, 2002.



FOR FURTHER INFORMATION CONTACT: Marcia Kingman, Office of Elementary 

and Secondary Education, U.S. Department of Education, 400 Maryland 

Avenue, SW., Room 3E213, Washington, DC 20202-6400. Telephone: (202) 

260-2199. 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 document in an 

alternative format (e.g., Braille, large print, audiotape, or computer 

diskette) on request to the contact person for information identified 

in the preceding paragraph.



SUPPLEMENTARY INFORMATION: President Bush signed The No Child Left 

Behind Act of 2001 (Pub. L. 107-110) (NCLB) into law on January 8, 

2002. NCLB, which substantially revised the Elementary and Secondary 

Education Act of 1965 (ESEA), is intended to provide all of America's 

school children with the opportunity and means to achieve academic 

success. It embodies the four key principles of the President's 

education reform plan: (1) Accountability for results, (2) expanded



[[Page 35968]]



State and local flexibility and reduced ``red tape,'' (3) expanded 

choices for parents, and (4) focusing resources on proven educational 

methods, particularly in reading instruction.

    These principles aim to produce fundamental reforms in classrooms 

throughout America. NCLB provides officials and educators at the 

school, school district, and State levels substantial flexibility to 

plan and implement school programs that will help close the achievement 

gap between disadvantaged and minority students and their peers. At the 

same time, the reauthorized Act holds school officials accountable--to 

parents, students, and the public--for achieving results. These and 

other major changes to the ESEA redefine the Federal role in K-12 

education to focus on improving the academic performance of all 

students.

    The full text of this law may be found on the Internet at: http://

www.ed.gov/legislation/ESEA02/.

    On March 6, 2002, the Department published in the Federal Register 

a notice of proposed requirements for optional consolidated State 

applications (67 FR 10166). That notice explains the general purpose of 

consolidated State applications that Congress has authorized in ESEA 

sections 9301 and 9302 as an alternative means for States to receive 

finding under most ESEA programs. These provisions authorize the State, 

in consultation with the Governor, to apply for ESEA program funds on 

the basis of a consolidated State application that conforms to the 

criteria and procedures the Department establishes, rather than by 

submitting the individual applications or plans that the ESEA otherwise 

requires.

    The March 6 notice also explained our proposal for using this 

application and the consolidated performance report that States 

thereafter annually would submit, as the basis for a core system of 

ESEA accountability for student achievement. Specifically, we proposed 

that each State adopt (1) six overall ``performance goals'' that cut 

across the ESEA programs, (2) a minimum core of common performance 

indicators for measuring progress toward these goals, and (3) State-

defined performance targets that define when satisfactory progress 

occurs. We also proposed that each State then would collect reliable 

data with which it would determine whether it is meeting its 

performance targets.

    As we explained in the March 6 notice, this proposal was guided by 

a set of basic principles in the ESEA emphasizing that successful 

academic performance depends upon schools that--

     Provide instruction that, based on rigorous 

research, will improve student achievement;

     Have highly qualified teachers and principals;

     Provide a learning environment that is safe, 

drug-free, and conducive to learning; and

     Are accountable to the public for results.

    The final requirements for consolidated State applications contain 

several significant changes from those we had proposed, which we 

explain in the Analysis of Public Comments that is available on the 

Department's web site at http://www.ed.gov/offices/OESE/esea/

regsandguidance.html.



I. Principal Changes From Our March 6, 2002 Proposal



    In response to our request for public comment, we received 53 

letters of comments and recommendations. On March 28, 2002, the 

Department also conducted a listening session where State officials 

from nine States discussed our proposal. After reviewing all of these 

comments and recommendations, we have made several changes to our 

proposal. The principal changes are the following:



ESEA Accountability System: Appendix A



    We have reduced the number of Goals from six to five, and the 

number of indicators from 17 to ten. The ESEA Goals are now:

    1. By 2013-2014, all students will reach high standards, at a 

minimum attaining proficiency or better in reading/language arts and 

mathematics.

    2. All limited English proficient students will become proficient 

in English and reach high academic standards, at a minimum attaining 

proficiency or better in reading/language arts and mathematics.

    3. By 2005-2006, all students will be taught by highly qualified 

teachers.

    4. All students will be educated in learning environments that are 

safe, drug free, and conducive to learning.

    5. All students will graduate from high school.

    The changes in goals and indicators reflect the following:

Goal 1

     Modification of Indicators 1.1 and 1.2 to focus 

on the percentage of students in all schools, rather than in Title I 

schools, in each subgroup and in the aggregate who gain proficiency in 

reading/language arts and mathematics.

     Change of definition of subgroups from those 

identified in section 1111(b)(2)(C)(v) for adequate yearly progress, to 

those identified in section 1111(h)(1)(C)(i) for reporting State 

assessment results--thus bringing in reporting by migrant status and 

gender.

     Withdrawal of proposed Indicators 1.4 and 1.5: 

``The percentage of migrant students who are enrolled in schools in 

need of improvement,'' and ``The percentage of students that meet or 

exceed State standards for student literacy in technology.''

Proposed Goal 2

     Withdrawal of proposed Goal 2: ``By 2013-2014, 

all students will be proficient in reading/language arts and 

mathematics by the end of the third grade,'' and Indicator 2.1: ``The 

percentage of students in third grade reading/language arts at grade 

level or above.''

Goal 2 (Proposed Goal 3)

     Revision of statement of Goal 2 to include goal 

of reaching high academic standards, at a minimum attaining proficiency 

in reading/language arts and mathematics.

     Revision of Indicator 2.1 (proposed 3.1) to 

clarify that the percentage of limited English proficient students who 

have attained English language by the end of the year is to be 

determined on a cohort basis.

Goal 3 (Proposed Goal 4)

     Inclusion of a new Indicator 3.3 that focuses on 

having all paraprofessionals become qualified consistent with the 

requirements of ESEA section 1119 (c)-(e).

     Withdrawal of proposed Indicator 4.3: ``The 

percentage of teachers qualified to use technology for instruction.''

Goal 4 (Proposed Goal 5)

     Withdrawal of all proposed indicators except 

Indicator 5.4 (now 4.1): ``The number of persistently dangerous 

schools, as defined by the State.''

Goal 5 (Proposed Goal 6)

     Clarification of the two performance indicators, 

5.1 and 5.2.

    In addition, we have clarified for which indicator States must 

submit baseline data relative to their performance targets by May 2003, 

and for which indicators they may do so no later than early September 

2003.



State Activities to Implement ESEA Programs: Appendix B



     For item 1 (state system of standards, 

assessments, and accountability), clarification of information the SEAs 

must submit



[[Page 35969]]



consistent with ESEA section 1111, and, for each item, whether the SEA 

must do so in June of 2002, no later than May 2003, or at some other 

time.

     For item 2 (non-formula subgranting), inclusion 

of a description of definition of key ESEA terms that the SEA adopts 

for each program.

     For item 5a (assistance for schoolwide 

programs), inclusion of a description of the SEA's actions to modify or 

eliminate State fiscal and accounting barriers so that schools can 

easily consolidate Federal, State, and local funds for schoolwide 

programs.

     For item 5 (teacher quality), inclusion in a new 

item 5c of the State's need to describe how it will ensure that all 

paraprofessionals (excluding those working with parents or as 

translators) attain the qualifications in section 1119(c) and (d) by 

the 2005-2006 school year.

     For item 6 (state coordination), inclusion of 

the State's need to describe briefly how SEA officials and staff 

consulted with the Governor's office in the development of the State 

application.



Key Programmatic and Fiscal Information: Appendix C



     Improving Basic Programs Operated by Local 

Educational Agencies, Title I, Part A: Clarification that, for purposes 

of funds that LEAs distribute to schools for supplemental services 

under ESEA section 1167(e)(7), States will describe how they will 

inform LEAs of the procedures LEAs must use to distribute these funds, 

rather than describe how the State will distribute these funds.

     Teacher and Principal Training and Recruitment 

Fund, Title II, Part A: Establishment of a rule that of the one percent 

available to the State for administration and planning, absent an 

agreement between the SEA and the State agency for higher education 

(SAHE) to the contrary, the Department will award the SAHE the greater 

of--

    1. The amount of FY 2001 funds it had received for administration 

under the predecessor Title II, ESEA Eisenhower Professional 

Development Program, or

    2. Five percent of the amount available each year for subgrants to 

partnerships under ESEA section 2113(a)(2).

     Enhancing Education Through Technology, Title 

II, Part D: Addition of a new item 5a that SEAs describe program goals, 

performance indicators, performance objectives, and data sources for 

use in assessing program effectiveness in improving access to and use 

of educational technology by students and teachers in support of 

academic achievement.

     English Language Acquisition and Language 

Enhancement, Title III, Part A: Addition of a new item 6c that SEAs 

describe the process for making subgrants under section 3114(d) to 

eligible entities that have experienced a significant increase in the 

percentage or number of immigrant children and youth.

     Safe and Drug-Free Schools and Communities: 

Reservation of State Funds for the Governor, Title IV, Part A, Subpart 

1, section 4112(a): Addition of new items 8b and 8c that SEAs describe 

(1) performance measures, performance indicators, timelines, and 

baseline data for drug and violence prevention programs and activities 

to be funded under this program, and (2) steps the State will use to 

implement the Uniform Management Information and Reporting System 

(UMIRS) required by ESEA section 4112(c)(3).

     Safe and Drug-Free Schools and Communities: 

Community Service Grants (Title IV, Part A, Subpart 2, section 4126): 

Adoption of the proposed rule that the Department will award grants 

only to SEAs, after they have consulted with their Governors.

     21st Century Community Learning Centers (Title 

IV, Part B): Addition of new requirement that the SEA, no later than 

early September 2003--

    1. Identify the percentage of students participating in the 21st 

Century Community Learning Centers program who meet or exceed the 

proficient level of performance on State assessments in reading/

language arts and mathematics;

    2. Collect baseline data for the 2002-2003 school year; and

    3. Submit all of these data to the Department.

     Rural and Low-Income Schools, Title VI, Part B, 

Subpart 2: Inclusion of a description identifying specific measurable 

goals and objectives, and how program funds will help the SEA to meet 

them.

    All of the changes above are reflected in the specific requirements 

for consolidated State applications that are contained in appendices A-

D of this notice.

    We also have made the following change to the selection criteria 

for the Enhanced Assessment Instruments Competitive Grant Program 

(Title VI, section 6112) announced in appendix E:

     Revision of the first proposed competitive 

preference for ``alternative assessments'' so that it is available for 

applications that can be expected to advance practice significantly in 

the area of increasing the accessibility and validity of assessments 

for students with disabilities or limited English proficiency, or both.

    Finally, we have made the following change to the optional interim 

application for FY 2002 funds under the Safe and Drug-Free Schools and 

Communities State Grants Program, Title IV, Part A, Subpart 1 (appendix 

F):

     Revision of requirements to conform to the 

revised core set of ESEA performance indicators identified in appendix 

A.

    We have published on the Department's website at http://www.ed.gov/

offices/OESE/esea/regsandguidance.html the substantive comments we 

received, our responses to them, and these changes, as well as more 

minor or technical changes to the requirements for consolidated State 

applications. Generally, we do not address technical and other minor 

changes, or suggested changes in proposed requirements that the law 

does not authorize the Secretary to make.



II. Requirements for Consolidated State Applications



    Each consolidated State application will have four principal 

components: (1) Elements constituting the foundation for a core system 

of ESEA accountability, State components and baseline data (see 

appendix A); (2) a description of key strategies States would use to 

implement the ESEA programs in order to accomplish program purposes; 

(see appendix B); (3) key programmatic and fiscal information that the 

Department needs to review before it awards FY 2002 funds (see appendix 

C); and (4) assurances of the State's adherence to all requirements of 

the programs included in the application (see appendix D).



Summary of the ESEA Accountability System



    A. ``ESEA Performance Goals'' The ESEA performance goals reflect 

the expectations of the ESEA programs. We have identified in appendix A 

five ESEA performance goals that each SEA submitting a consolidated 

application will adopt. These are:

    1. By 2013-2014, all students will reach high standards, at a 

minimum attaining proficiency or better in reading/language arts and 

mathematics.

    2. All limited English proficient students will become proficient 

in English and reach high academic standards, at a minimum attaining 

proficiency or better in reading/language arts and mathematics.

    3. By 2005-2006, all students will be taught by highly qualified 

teachers.



[[Page 35970]]



    4. All students will be educated in learning environments that are 

safe, drug free, and conducive to learning.

    5. All students will graduate from high school.

    These performance goals, like the basic purposes of the ESEA 

programs themselves, fall into three areas: (a) Those that address 

levels of proficiency that all students would meet; (b) those that 

address the special needs of certain populations of students, such as 

limited English proficient students, who are the focus of particular 

ESEA programs; and (c) those that address such factors as qualified 

teachers and safety that are critical to a school's success in 

improving student achievement.

    B. ``ESEA Performance Indicators'' States will use performance 

indicators to measure their progress in meeting the performance goals. 

Along with adopting the five key performance goals identified above, 

States that submit a consolidated application will submit a statement 

that they have adopted, at minimum, a core set of indicators for these 

five performance goals. For example, as explained in appendix A, 

relative to the third ESEA performance goal, ``By 2005-2006, all 

students will be taught by highly qualified teachers,'' all States will 

adopt and use the following indicator:

    EXAMPLE: 3.1. Performance Indicator: ``The percentage of classes 

being taught by ``highly qualified'' teachers (as the term is defined 

in ESEA section 9101(23)), in the aggregate and in `high-poverty' 

schools (as the term is defined in ESEA section 1111(h)(1)(C)(viii)).''

    State adoption of the common core indicators listed in appendix A 

is critical to ensuring that all States are accountable for 

implementing the ESEA programs in ways that contribute significantly to 

the achievement of all students. As with the ESEA performance goals, 

States are free to add their own performance indicators to the core set 

of indicators that the Department has established.

    C. ``Performance targets'' Performance targets define the progress 

a State expects to make at specified points in time with respect to 

each indicator. For example, for indicator 3.1, described in the 

preceding paragraph, a State might adopt as a target: the percentage of 

classes being taught by highly qualified teachers, in the aggregate and 

in high-poverty schools, will increase from the baseline of ``x'' 

percent in school year 2002-2003 to ``y'' percent in school year 2003-

2004, ``z'' percent in school year 2004-2005, etc.

    While all States submitting a consolidated application must adopt 

the core set of ESEA performance goals and indicators in appendix A, 

each State defines and adopts its own performance targets. (See 

appendix A for some examples of performance targets that States might 

choose to use.)

    Finally, the accountability system relies upon collection of data 

that document how well States are succeeding in meeting their 

performance targets. States will describe in their consolidated 

applications their timelines and benchmarks for securing these data, as 

well as their data sources. States also will provide their ``baseline 

data.'' For example, if a State adopted the performance target 

described above, it would identify as its baseline ``the percentage of 

classes being taught by highly qualified teachers, in the aggregate and 

in high-poverty schools, in school year 2002-2003.'' In its annual 

performance report, a State will provide updated data on its progress 

in meeting these performance targets.

    States may include web site references, electronic files, or other 

existing documentation to comply with the requirements listed in the 

application.



Other Requirements for the Consolidated Application



    In addition to the framework for ESEA accountability, a State's 

consolidated application also must include:

    A. A description of key strategies States will use to implement the 

ESEA programs in order to accomplish the purposes of those programs 

(see appendix B);

    B. Key programmatic and fiscal information the Department needs to 

award FY 2002 funds (see appendix C). The information to be included in 

the consolidated State application is a small part of what the ESEA 

program statutes would have a State otherwise provide in individual 

program plans or applications; and

    C. Assurances of the State's adherence to all requirements of the 

programs included in the application (see appendix D). The final 

application package for the consolidated application contains a partial 

list of individual program requirements that are while covered by these 

general assurances, and that we believe warrant special attention.



III. Documentation of Compliance With Program Requirements



    For programs a State chooses to include in a consolidated 

application, ESEA section 9302(a)(2) relieves the State of the need to 

either prepare or submit to the Department separate individual State 

plans or applications that the ESEA would otherwise require in order to 

receive funding on a program-by-program basis. However, section 9302 

contains no authority for the Department to eliminate or waive 

statutory or regulatory requirements that apply to the funds the 

Department awards on the basis of a consolidated application.

    Therefore, whether or not the ESEA specifies program requirements 

as elements of a program-specific plan (or application), a State (or 

LEA) that submits a consolidated application still must (1) comply with 

all requirements for designing and implementing programs, and (2) 

maintain documentation of this compliance. These requirements might 

govern, for example, public input, program implementation, or 

evaluation. Also, a State must comply with, and maintain records of its 

compliance with, requirements of the consolidated application announced 

in this notice.



    (Note: To the extent consistent with State ``open records'' 

statutes, documents demonstrating adherence to ESEA requirements 

will be available to parents, policymakers, and other members of the 

public.)



    In determining whether the statute, regulations, or requirements 

governing the consolidated application requires the State to document 

its plans or planning activities, we suggest that States consider the 

following:

    1. Does the ESEA require the State to develop a plan that is 

separate from the application for funding? For example, does the ESEA 

require that the State include a separate plan, or a description of a 

separate plan, with the application? Or does the ESEA require that a 

State that has received program funding develop or implement a plan of 

this kind?

    If the answer to any of these questions is yes, the State must 

develop that plan and maintain it in its written records, even if the 

State includes the program in its consolidated application.

    2. Does the statute require that a State conduct a specified 

activity? For example, does it require a description of the results of 

a needs assessment or procedures for consulting with others? If so, it 

requires that specific activities (expressed as application content 

requirements) be undertaken--e.g., a needs assessment or consultation, 

and the State would need to maintain documentation showing that it had 

conducted the activity.

    3. Does the law require that a State's individual program plan or 

application describe how activities ``will'' occur only after some 

precondition, such as a review of scientifically-based research?



[[Page 35971]]



    If the answer is yes, the State must conduct those program 

activities after meeting the precondition, and must maintain 

documentation that it has done so.



IV. Consolidation of Federal Funds



    Title VI of the ESEA contains a number of flexibility provisions 

that permit States and LEAs to treat funds received under some programs 

as if received under other programs. In addition, sections 9201-9203 

continue to permit SEAs and LEAs to consolidate administrative funds 

under specified programs. However, beyond the flexibility that these 

provisions offer, our approval of a consolidated State application 

neither authorizes a State or LEA to combine or commingle program funds 

nor eliminates State or LEA responsibilities to keep separate records 

on the use of each program's funds.



V. Data Management Reform



    Starting in 2002, we will work with LEAs and SEAs to establish data 

standards for performance indicators and other information collected 

from States and districts. Toward that end, we will confer with LEA and 

SEA officials, the research community, information technology vendors, 

and other interested parties on ways in which States, LEAs, and schools 

can collect and record useful baseline and follow-up data through an 

Internet-based format. The new format will accommodate the measurement 

of success relative to the various indicators that the Department and 

States have adopted. Future application and reporting guidelines will 

encourage electronic reporting and provide States with additional 

options in fulfilling Federal information requests.



VI. Other Considerations



    The requirements for the content of a State's consolidated 

application recognize that although the NCLB makes significant changes 

to the ESEA, it also builds upon efforts States had begun under both 

the ESEA as previously authorized and other Federal and State 

initiatives. In developing their consolidated applications, States may 

draw upon relevant information and data gathered through these efforts.

    To help States try to save money by working together to implement 

the core system of ESEA accountability, the Department intends to work 

with States to see whether development and use of common or consistent 

data collection systems can reduce costs for each State.



VII. Process for Submitting a Consolidated State Application



    As explained in the March 6 notice of proposed requirements (67 FR 

10168), we recognize the challenges posed by the January 2002 enactment 

of the NCLB. States have a limited time to prepare and submit their 

consolidated applications and to plan for their use of the FY 2002 ESEA 

program funds the Department will distribute this July. In addition, 

the ESEA includes a large number of new requirements that govern a 

State's use of these FY 2002, and the Department needs to ensure that 

States understand them before it awards these funds.

    In balancing thee factors, we have determined that, with the 

exceptions noted in appendix B, each SEA submitting a consolidated 

application must provide the Department certain information in the 

following three stages:

    June 2002  No later than June 12, 2002, the State must submit:

    A. A statement that it: (a) Has adopted the minimum core ESEA goals 

and performance indicators that the Department has established, (b) 

agrees to adopt and include in its May 2003 submission, its own 

performance targets for these indicators, and (c) agrees to include 

baseline data for these indicators in May 2003 or September 2003, 

respectively, as specified in the in the following discussion of the 

schedule for submissions (appendix A);

    B. A description of the key activities and initiatives the State 

will carry out with State funds or ESEA funds reserved for 

administration and State-level activities (appendix B) including--

     Activities to help achieve its performance 

targets, i.e., information about the State's standards, assessments, 

and accountability system (of which for certain items States will 

submit only timelines in June 2002);

     Subgranting procedures;

     Technical assistance, monitoring, and 

professional development, and

     Activities to promote highly-qualified Teachers 

in all schools, support for schoolwide programs, and effective 

coordination of Federal programs; and

    C. The individual ESEA program descriptions and fiscal information 

that the Department determines are needed in order to ensure program 

integrity (appendix C), and the required statutory assurances and 

certification (appendix D).

    May 2003  No later than early May 2003, the State must submit to 

the Department those performance targets and corresponding baseline 

data that the ESEA requires the State to establish based on the 2001-

2002 school year. The OMB-approved application package identifies those 

performance indicators for which the State must provide its targets and 

baseline data in early May 2003. We will announce a specific due date 

in May 2003 at a later time.

    September 2003  No later than early September 2003, the State must 

submit its performance targets and baseline data that relate to other 

ESEA requirements. These baseline data must reflect either the 2001-

2002 or 2002-2003 school year. The OMB-approved application package 

identifies those performance indicators for which the State must 

provide its targets and indicators no later than early September 2003. 

We will announce a specific due date in September 2003 at a later time.



Other Submission Dates



    Appendix B identifies a limited amount of other information that 

States must submit at a different due date, e.g., submission of the 

State's definition of adequate yearly progress (AYP), as well as how 

the State calculated its ``starting point'' as required for AYP by 

January 31, 2003.



VIII. Programs That May Be Included in a Consolidated Application



    A State may include the following programs in its consolidated 

application:

    Title I, Part A: Improving Basic Programs Operated by Local 

Educational Agencies.

    Title I, Part B, Subpart 3: Even Start Family Literacy.

    Title I, Part C: Education of Migrant Children.

    Title I, Part D: Prevention and Intervention Programs for Children 

and Youth Who Are Neglected, Delinquent, or At-Risk.

    Title I, Part F: Comprehensive School Reform.

    Title II, Part A: Teacher and Principal Training and Recruiting 

Fund.

    Title II, Part D: Enhancing Education Through Technology.

    Title III, Part A: English Language Acquisition and Language 

Enhancement.

    Title IV, Part A, Subpart 1: Safe and Drug-Free Schools and 

Communities.

    Title IV, Part A, Subpart 2: Community Service Grants.

    Title IV, Part B: 21st Century Community Learning Centers.

    Title V, Part A: Innovative Programs.

    Title VI, Part B, Subpart 2: Rural and Low-Income Schools.

    In addition, for reasons states in the March 6 Federal Register 

notice, the Secretary has designated both the



[[Page 35972]]



formula and discretionary components of the program supporting 

development of State assessments, authorized in sections 6111 and 6112 

of Title VI, as programs that SEAs may include in their consolidated 

applications. Section 6111, the State Assessment formula grants program 

provides grants to States for development of State assessments and 

related activities. Section 6112, the Enhanced Assessment competitive 

grants program, provides competitive grants to States for development 

of ``enhanced assessment instruments.'' These two programs bear a close 

relationship to the development of a State system of accountability for 

student achievement that is at the heart of the Title I, Part A 

program. The Department's selection criteria and other requirements to 

govern the initial competition under the competitive grant portion of 

the section 61111 program are contained in appendix E. SEAs that choose 

to apply for the competitive grant program must submit their 

applications by September 15, 2002.



IX. Public Participation Requirements



    ESEA section 9304(a)(7) provides that a State must provide the 

public a reasonable opportunity to comment on a consolidated 

application before it is submitted to the Secretary. The procedures 

under which SEAs will secure adequate public participation are to be 

determined under State law. States that are unable to complete their 

public participation requirements, before the June 12, 2002 deadline 

for submitting their consolidated applications, must submit appropriate 

revisions to the applications at the end of the public participation 

process.

    Many of the ESEA program statutes contain provisions that require 

stakeholder or public input into the process of developing program-

specific funding plans or applications. Absent a State's decision to 

include those programs in its consolidated application, it would have 

to develop these individual program plans or applications in ways that 

complied with these public input requirements. The public participation 

requirement in section 9304(a)(7), rather than those program-specific 

public or stakeholder participation requirements, govern the 

development of a consolidated application for all included programs. 

However, as explained in Section IV, States will still need to comply 

with those public and stakeholder participation requirements that, 

under a given program statute, expressly apply to program planning and 

implementation.



X. Consolidated Local Plans or Applications



    ESEA section 9305(a) authorizes LEAs to receive funding from the 

SEA under more than one ``covered program'' through consolidated local 

plans or applications. Section 9305(c) and (d) requires the SEA, in 

consultation with the Governor, to collaborate with LEAs in 

establishing procedures for submission of these plans or applications, 

and to require ``only descriptions, information, assurances, and other 

material that are absolutely necessary for the consideration of the 

[LEA] plan or application.''

    These provisions mirror provisions in section 9302 that govern the 

content and procedures for consolidated State applications. Consistent 

with the statutory language, we believe that SEAs in consultation with 

the Governor and LEAs have wide discretion in fashioning procedures and 

content for these plans or applications that focus on increased student 

achievement and other ESEA goals. However, we stress that LEAs 

submitting consolidated local plans or applications must still 

implement all of the statutory requirements--including record-keeping 

requirements--of the programs included in those plans or applications 

include. See section IV of this notice, ``Documentation of Compliance 

With All Program Requirements.''



XI. Voluntary Submission of Consolidated State Applications



    Development of a consolidated State application is voluntary. It is 

the SEA's decision whether to submit a consolidated application, which 

of the eligible programs to include in it if one is submitted, and 

whether to add, in later submissions, programs that are not included in 

the consolidated application submitted this June for FY 2002 funds. 

(Should an SEA choose to submit an individual, program specific 

application under the Safe and Drug-Free Schools and Communities 

program, the program statute (Title IV, Part A, Subpart 1) permits SEAs 

to submit an ``interim'' application in FY 2002, and a comprehensive 

application by FY 2003. Final rules for this interim program 

application are included in appendix F.) Moreover, an SEA that submits 

a consolidated application for FY 2002 funds that does not contain all 

of the information requested can later decide not to submit that 

outstanding information and, instead, submit individual program plans 

or applications that the ESEA, as amended by NCLB, requires.



Executive Order 12866



    This notice has been reviewed in accordance with Executive Order 

12866. Under the terms of the order, we have assessed the potential 

costs and benefits of this regulatory action.

    The potential costs associated with the notice are those resulting 

from statutory requirements and those we have determined as necessary 

for administering this program effectively and efficiently.

    In assessing the potential costs and benefits--both quantitative 

and qualitative--of this notice, we have determined that the benefits 

justify the costs.

    We have also determined that this regulatory action does not unduly 

interfere with State, local, and tribal governments in the exercise of 

their governmental functions.

    Summary of Potential Costs and Benefits: We do not anticipate that 

the application requirements proposed in this notice will impose any 

significant costs on applicants. These proposed requirements provide a 

basis for the Secretary to award funds from a number of different 

Federal programs under a single application. Therefore, the 

requirements would not impose any unfunded mandates on States. The 

benefits of the program are described in the SUMMARY section of this 

notice.



Regulatory Flexibility Act Certification



    The Secretary certifies that the requirements in this notice would 

not have a significant economic impact on a substantial number of small 

entities.



Paperwork Reduction Act Considerations



    The procedures and requirements contained in this notice relate to 

the consolidated State application package that the Department has 

developed under ESEA section 9309. The public may obtain copies of this 

package by calling or writing the individuals identified at the 

beginning of this notice as the Department's contact, or through the 

Department's website: http://www.ed.gov/offices/OESE/esea/

regsandguidance.html.

    As required by the Paperwork Reduction Act, OMB has approved the 

use of these application packages under the following OMB control 

number 1810-0576, expiration date November 30, 2002.



Intergovernmental Review



    These programs are 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



[[Page 35973]]



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 is intended to provide early notification of our 

specific plans and actions for this program.



Electronic Access to This Document



    You may view this document, as well as all 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://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 edition 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: 20 U.S.C. 7842.



    Dated: May 16, 2002.

Susan B. Neuman,

Assistant Secretary for Elementary and Secondary Education.

Maria H. Ferrier,

Director of English Language Acquisition, Language Enhancement, and 

Academic Achievement for Limited English Proficient Students.



Appendix A: ESEA Performance Goals, Performance Indicators, and State 

Performance Targets



    State and local accountability for the academic achievement of 

all students is central to the No Child Left Behind Act of 2001. The 

consolidated State application builds the framework for a system of 

overall ESEA accountability that is intended to help the public 

understand how well the State is meeting its student achievement 

goals for all students. This system is built around with several key 

elements:

    1. ESEA ``Performance goals'' that the Department has 

established. These goals reflect the basic purposes of the ESEA and 

the programs included in the consolidated application.

    2. ESEA ``Performance indicators'' that the Department has 

established for each ESEA performance goal. States submitting a 

consolidated State application will use these indicators to measure 

their progress in meeting the ESEA performance goals.

    3. ``Performance targets'' that each State will establish. The 

performance targets define the progress a State expects to make at 

specified points in time with respect to each indicator. For 

example, for indicator 3.1, described below, a State might adopt as 

a target: the percentage of classes being taught by highly qualified 

teachers, in the aggregate and in high-poverty schools, will 

increase from the baseline of ``x'' percent in school year 2002-2003 

to ``y'' percent in school year 2003-2004, ``z'' percent in school 

year 2004-2005, etc.

    We identify the following five ESEA performance goals that are 

central to the purposes of the ESEA programs, and performance 

indicators for each of these performance goals. Each State must 

adopt this set of five performance goals and corresponding 

performance indicators. However, a State may include additional 

performance goals and indicators in its application if it desires to 

do so.



Performance Goal 1: All Students Will Reach High Standards, at a 

Minimum Attaining Proficiency or Better in Reading/Language Arts and 

Mathematics by 2013-2014



    1.1  Performance indicator: The percentage of students, in the 

aggregate and for each subgroup, who are at or above the proficient 

level in reading/language arts on the State's assessment. (Note: 

These subgroups are those for which the ESEA requires State 

reporting, as identified in section 1111(h)(1)(C)(i).)

    1.1.1  Example of a State performance target: The percentage of 

students, in the aggregate and in each subgroup, who will be at or 

above the proficient level in reading/language arts consistent with 

the State's annual measurable objectives for ensuring that all 

students reach this level by the end of the 2013-2014 school year.



    Note: The State annual measurable objectives for all students in 

reading/language are the same as those the State includes in its 

definition of adequate yearly progress.





    1.2  Performance indicator: The percentage of students, in the 

aggregate and in each subgroup, who are at or above the proficient 

level in mathematics on the State's assessment. (Note: These 

subgroups are those for which the ESEA requires State reporting, as 

identified in section 1111(h)(1)(C)(i).)

    1.3  Performance indicator: The percentage of Title I schools 

that make adequate yearly progress.

    1.3.1  Example of a State performance target: The percentage of 

Title I schools that make adequate yearly progress will increase by 

``x'' percent each year from the percentage of schools that made 

adequate yearly progress in 2001-2002



Performance Goal 2: All Limited English Proficient Students Will Become 

Proficient in English and Reach High Academic Standards, at a Minimum 

Attaining Proficiency or Better in Reading/Language Arts and 

Mathematics



    2.1  Performance Indicator: The percentage of limited English 

proficient students, determined by cohort, who have attained English 

proficiency by the end of the school year.

    2.2  Performance indicator: The percentage of limited English 

proficient students who are at or above the proficient level in 

reading/language arts on the State's assessment, as reported for 

Performance Indicator 1.1.

    2.3  Performance indicator: The percentage of limited English 

proficient students who are at or above the proficient level in 

mathematics on the State's assessment, as reported for Performance 

Indicator 1.2.



Performance Goal 3: By 2005-2006, All Students Will Be Taught by Highly 

Qualified Teachers



    3.1  Performance indicator: The percentage of classes being 

taught by ``highly qualified'' teachers (as the term is defined in 

ESEA section 9101(23), in the aggregate and in ``high-poverty'' 

schools (as the term is defined in ESEA section 

1111(h)(1)(C)(viii)).

    3.1.1. Example of a State performance target: The percentage of 

classes being taught by highly qualified teachers, in the aggregate 

and in high-poverty schools, will increase from the baseline of 

``x'' percent in 2001-2002 to ``y'' percent in 2002-2003, ``z'' 

percent in 2003-2004, etc.

    3.2  Performance indicator: The percentage of teachers receiving 

high-quality ``professional development'' as the term is defined in 

ESEA section 9101(34).

    3.3  Performance Indicator: The percentage of paraprofessionals 

(excluding those with sole duties as translators and parental 

involvement assistants) who are qualified. (See criteria in section 

1119(c) and (d).)



Performance Goal 4: All Students Will Be Educated in Learning 

Environments That Are Safe, Drug Free, and Conducive to Learning



    4.1  Performance indicator: The number of persistently dangerous 

schools, as defined by the State.



    Note: The lack of other performance indicators from this Goal 4 

demonstrates our difficulty in finding good measures that can 

reliably link indicators of schools that are safe, drug-free, and 

conducive to quality teaching and academic achievement. Students and 

teachers plainly need to work in learning environments that are safe 

and drug-free. Technology, which we had proposed as a subject of 

performance indicators for this goal, like other instructional tools 

can be a powerful means of helping teachers and other school staff 

make a school environment conducive to learning. In determining 

whether individual States and the Nation as a whole are meeting Goal 

4, the Department intends to seek other means of obtaining useful 

information.



Performance Goal 5: All Students Will Graduate From High School



    5.1  Performance indicator: The percentage of students who 

graduate from high school each year with a regular diploma--

disaggregated by race, ethnicity, gender, disability status, migrant 

status, English proficiency, and status as economically 

disadvantaged--calculated in the same manner as used in National 

Center



[[Page 35974]]



for Education Statistics reports on Common Core of Data.

    5.2  Performance indicator: The percentage of students who drop 

out of high school--disaggregated by race, ethnicity, gender, 

disability status, migrant status, English proficiency, and status 

as economically disadvantaged--calculated in the same manner as used 

in National Center for Education Statistics reports on Common Core 

of Data. (ESEA section 1907 requires States to report all LEA data 

regarding annual school dropout rates in the State disaggregated by 

race and ethnicity according to procedures that conform with the 

National Center for Education Statistics' (NCES') Common Core of 

Data. Consistent with this requirement, in developing their 

performance targets for Indicator 5.2 States must use NCES' 

definition of ``high school dropout,'' i.e., a student in grade 9-12 

who--

    (a) Was enrolled in the district at some time during the 

previous school year;

    (b) Was not enrolled at the beginning of the succeeding school 

year;

    (c) Has not graduated or completed a program of studies by the 

maximum age established by a State;

    (d) Has not transferred to another public school district or to 

a nonpublic school or to a State-approved educational program; and

    (e) Has not left school because of death, illness, or a school-

approved absence.)



    Note: As it develops regulations or guidance for the Title I, 

Part A program, the Department will determine what, if any, 

modifications to Indicators 5.1 and 5.2 are needed to ensure 

conformance with Title I requirements.





    During 2002, the Department will work with LEAs and SEAs to 

establish data standards for performance indicators and other 

information collected from States and districts. Toward that end, 

the Department will confer with LEA and SEA officials, the research 

community, information technology vendors, and other interested 

parties on ways in which States, LEAs, and schools can collect and 

electronically record useful baseline and follow-up data through an 

Internet-based format. The new format will accommodate indicators 

that the Department and States have adopted to measure success. 

Future application and reporting guidelines will encourage 

electronic reporting and provide States with additional options in 

fulfilling federal information requests.



Appendix B: State Activities To Implement ESEA Programs



    States will conduct a number of activities to ensure effective 

implementation of the ESEA programs included in their consolidated 

applications. Many of the activities may serve multiple programs. 

For example, a State may develop a comprehensive approach to 

monitoring and technical assistance that will be used for several 

(or all) programs. In responding to the items in this section, an 

SEA will indicate the ESEA programs that will benefit from the 

activities it describes. Where applicable, States may include web 

site references, electronic files, or other existing documentation 

to comply with the requirements listed in the application.

    1. Describe the State's system of standards, assessments, and 

accountability and provide evidence that it meets the requirements 

of the ESEA. In doing so--

    a. In the June 2002 submission, provide a timeline of major 

milestones for either--

    i. Adopting challenging content standards in reading/language 

arts and mathematics at each grade level for grades 3 through 8, 

consistent with ESEA section 1111(b)(1), or

    ii. Disseminating grade-level expectations for reading/language 

arts and mathematics for grades 3 through 8 to LEAs and schools if 

the State's academic content standards cover more than one grade 

level.



    (Note: This information must be consistent with the final 

regulations that the Department expects to issue in August 2002.)



    By May 1, 2003, provide evidence that the State has adopted 

standards or disseminated grade-level expectations.

    If the State already has content standards or has disseminated 

grade-level expectations that meet the requirements, provide--

    i. A statement to this effect in the June 2002 submission, and

    ii. Evidence when the Department requests it, which will likely 

be in fall 2002 after the Department issues final regulations and 

guidance.

    b. In the June 2002 submission, provide a timeline of major 

milestones for adopting challenging content standards in science 

that meet the requirements of section 1111(b)(1).

    By May 1, 2003, provide a detailed timeline for the above.

    By May 1, 2006, but as soon as available, provide evidence that 

the State has adopted challenging content standards in science that 

meet the requirements of section 1111(b)(1).

    If the State already has adopted science standards that meet the 

requirements of section 1111(b)(1), provide--

    i. A statement to this effect in the June 2002 submission, and

    ii. Evidence when the Department requests it, which will likely 

be in fall 2002, after the Department issues final regulations and 

guidance.

    c. In the June 2002 submission, provide a timeline of major 

milestones for the development and implementation, in consultation 

with LEAs, of assessments that meet the requirements of section 

1111(b)(3) in the required subjects and grade levels.

    By May 1, 2003, provide a detailed timeline for the above.

    No later than indicated in the following schedule, but as soon 

as available, provide evidence that the State has developed and 

implemented, in consultation with LEAs, assessments that meet the 

requirements of section 1111(b)(3) in the required subjects and 

grade levels.

    If the State already has implemented some of these assessments, 

provide--

    i. A statement to this effect in the June 2002 submission, and

    ii. Evidence when the Department requests it, which will likely 

be in the fall of 2002, after the Department issues final 

regulations and guidance.



Schedule for Assessments



Subject: Mathematics



    Grades: 3-8.

    Implement by: 2005-06.

    Submit evidence by: December 2006.



Subject: Reading/Language Arts



    Grades: 3-8.

    Implement by: 2005-06.

    Submit evidence by: December 2006.



Subject: Science



    Grades: Elementary (3-5); Middle (6-9); High School (10-12).

    Implement by: 2007-2008.

    Submit evidence by: December 2008.

    d. In the June 2002 submission, provide a timeline of major 

milestones for setting, in consultation with LEAs, academic 

achievement standards in mathematics, reading/language arts, and 

science that meet the requirements of section 1111(b)(1).

    By May 2003, provide a detailed timeline for the above.

    No later than indicated in the following schedule, but as soon 

as available, provide evidence that the State, in consultation with 

LEAs, has set academic achievement standards in mathematics, 

reading/language arts, and science that meet the requirements of 

section 1111(b)(1).

    If the State already has implemented some of these academic 

achievement standards, provide--

    i. A statement to this effect in the June 2002 submission, and

    ii. Evidence when the Department requests it, which will likely 

be in the fall of 2002 after the Department issues final regulations 

and guidance.



Schedule for Academic Achievement Standards



Subject: Mathematics



    Grades: 3-8.

    Implement by: 2005-06.

    Submit evidence by: December 2006.



Subject: Reading/Language Arts



    Grades: 3-8.

    Implement by: 2005-06.

    Submit evidence by: December 2006.



Subject: Science



    Grades: Elementary (3-5); Middle (6-9); High School (10-12).

    Implement by: 2007-2008.

    Submit evidence by: December 2008.

    e. By January 31, 2003, describe how the State calculated its 

``starting point'' as required for adequate yearly progress 

consistent with section 1111(b)(2)(E), including data elements and 

procedures for calculations.

    f. By January 31, 2003, provide the State's definition of 

adequate yearly progress. The definition must include:

    i. For the percentage of students meeting or exceeding the 

State's proficient level, provide for both reading/language arts and 

mathematics--

     The starting point percentage;

     The intermediate goals;

     The timeline; and

     Annual objectives.

    ii. The definition of graduation rate (consistent with section 

1111(b)(2)(c)(vi) and final regulations).

    iii. One academic indicator for elementary and for middle 

schools.



[[Page 35975]]



    iv. Any other (optional) academic indicators.

    g. By January 31, 2003, identify the minimum number of students 

that the State has determined, based on sound statistical 

methodology, to be sufficient to yield statistically reliable 

information for each purpose for which disaggregated data are used 

and justify the determination. (Note: This information must be 

consistent with final regulations, which the Department expects to 

issue in August 2002.)

    h. In the June 2002 submission, provide a plan for how the State 

will implement a single accountability system that uses the same 

criteria, based primarily on assessments consistent with section 

1111(b), for determining whether a school has made adequate yearly 

progress, regardless of whether the school receives Title I, Part A, 

or other Federal funds.

    By May 2003, provide evidence that the State has implemented a 

single accountability system consistent with sections 1111(b) and 

1116.

    i. In the June 2002 submission, identify the languages present 

in the student population to be assessed, the languages in which the 

State administers assessments, and the languages in which the State 

will need to administer assessments. Use the most recent data 

available and identify when these data were collected.

    j. In the June 2002 submission, provide evidence that, beginning 

not later than the school year 2002-2003, LEAs will provide for an 

annual assessment of English proficiency that meets the requirements 

of ESEA sections 1111(b)(7) and 3116(d)(4), including assessment of 

English proficiency in speaking, listening, reading, writing, and 

comprehension. Identify the assessment(s) the State will designate 

for this purpose.

    k. In the June 2002 submission, describe the status of the 

State's effort to establish standards and annual measurable 

achievement objectives under ESEA section 3122(a) that relate to the 

development and attainment of English proficiency by limited English 

proficient children. These standards and objectives must relate to 

the development and attainment of English proficiency in speaking, 

listening, reading, writing, and comprehension and be aligned with 

the State academic content and student academic achievement 

standards as required by ESEA section 1111(b)(1).

    If they are not yet established, describe the State's plan and 

timeline for completing the development of these standards and 

achievement objectives. Include in the May 2003 submission the 

State's annual measurable achievement objectives under ESEA section 

3122(a).

    (Note: Descriptions 2-6 must be included with the State's June 

2002 submission.)

    2. Describe key procedures, selection criteria, interpretations 

provided for any key ESEA terms, and priorities the State will use 

to award competitive subgrants or contracts to the entities and for 

the activities required by the program statutes of applicable 

programs included in the consolidated application. States should 

include a description of how, for each program, these selection 

criteria and priorities will promote improved academic achievement. 

Applicable included programs are:

     Even Start Family Literacy (Title I, Part B).

     Education of Migrant Children (Title I, Part 

C).

     Prevention and Intervention for Children Who 

Are Neglected, Delinquent, or At-Risk--Local Agency Programs (Title 

I, Part D, Subpart 2).

     Comprehensive School Reform (Title I, Part 

F).

     Teacher and Principal Training and Recruiting 

Fund--subgrants to eligible partnerships (Title II, Part A, Subpart 

3).

     Enhanced Education Through Technology (Title 

II, Part D).

     Safe and Drug-Free Schools and Communities--

reservation for the Governor (Title IV, Part A, section 4112).

     Community Service Grants (Title IV, Part A, 

Section 4126).

     21st Century Community Learning Centers 

(Title IV, Part B).

    3. Describe how the State will monitor and provide professional 

development and technical assistance to LEAs, schools, and other 

subgrantees to help these entities implement their programs and meet 

the State's (and those entities' own) performance goals and 

objectives. This description should include the assistance the SEA 

will provide to LEAs, schools, and other subgrantees in identifying 

and implementing effective instructional programs and practices 

based on scientific research.

    4. Describe the Statewide system of support under section 1117 

for ensuring that all schools meet the State's academic content and 

student achievement standards, including how the State will provide 

assistance to low-performing schools.

    5. Describe the activities the State will conduct to--

    a. Help Title I schools make effective use of schoolwide 

programs to improve the achievement of all students, including 

specific steps the SEA is taking and will take to modify or 

eliminate State fiscal and accounting barriers so that schools can 

easily consolidate Federal, State, and local funds for schoolwide 

programs;

    b. Ensure that all teachers, particularly those in high-poverty 

areas and those in schools in need of improvement, are highly 

qualified. This description should include the help the State will 

provide to LEAs and schools to--

    (i) Conduct effective professional development activities;

    (ii) Recruit and hire highly qualified teachers, including those 

licensed or certified through alternative routes; and

    (iii) Retain highly qualified teachers;

    c. Ensure that all paraprofessionals (excluding those working 

with parents or as translators) attain the qualifications in ESEA 

section 1119(c) and (d) by the 2005-2006 school year;

    d. Help LEAs with a high need for technology, high percentages 

or numbers of children in poverty, and low-performing schools to 

form partnerships with other LEAs, institutions of higher education 

(IHEs), libraries, and other private and public for-profit and non-

profit entities with technology expertise to improve the use of 

technology in instruction;

    e. Promote parental and community participation in schools; and

    f. Secure the baseline and follow-up data for the core ESEA 

accountability system discussed in appendix A.

    6. Describe how--

    a. SEA officials and staff consulted with the Governor's office 

in the development of the State application;

    b. State officials will coordinate the various ESEA-funded 

programs with State-level activities the State administers; and

    c. State officials and staff will coordinate with other 

organizations, such as businesses, IHEs, nonprofit organizations, 

and other State agencies, and with other State agencies, including 

the Governor's office, and with other Federal programs (including 

those authorized by Individuals with Disabilities Education Act, the 

Perkins Vocational and Technical Education Act, the Head Start Act, 

the Adult Education and Family Literacy Act, and the McKinney-Vento 

Homeless Assistance Act).

    7. Describe the strategies the State will use to determine, on a 

regular basis, whether LEAs, schools, and other subgrantees are 

making satisfactory progress in meeting State and local goals and 

desired ESEA program outcomes. In doing so, the SEA should also 

describe how it will use data it gathers from subgrantees on how 

well they are meeting State performance targets, and the actions the 

State will take to determine or revise interventions for any LEAs, 

schools, and other subgrantees that are not making substantial 

progress.



Appendix C: Key Programmatic and Fiscal Information



    The Department has an overall responsibility for ensuring the 

programmatic and fiscal integrity of the ESEA programs. Therefore, 

before we can award FY 2002 program funds the Department needs to 

review and approve information on how the State will comply with a 

few key requirements of the various ESEA programs that the State 

includes in the application. In particular, the Department will 

review the SEA responses to the following:



I. Key Program Requirements



1. Title I, Part B, Subpart 3--Even Start Family Literacy



    a. Describe how the SEA will use its indicators of program 

quality to monitor, evaluate, and improve its Even Start projects, 

and to decide whether to continue operating them.

    b. Describe what constitutes sufficient program progress when 

the SEA makes continuation awards.

    c. Explain how the State's Even Start projects will provide 

assistance to low-income families participating in the program to 

help children in those families to achieve to the applicable State 

content and student achievement standards.



2. Title I, Part C--Education of Migrant Children



    a. Describe the process the State will use to develop, 

implement, and document a



[[Page 35976]]



comprehensive needs assessment that identifies the special 

educational and related needs of migratory children.

    b. Describe the State's priorities for the use of migrant 

education program funds in order to have migratory students meet the 

State's performance targets for indicators 1.1, and 1.2 in appendix 

A (as well as 5.1 and 5.2 that expressly include migratory 

students), and how they relate to the State's assessment of needs 

for services.

    c. Describe how the State will determine the amount of any 

subgrants the State will award to local operating agencies, taking 

into account the numbers and needs of migratory children, the 

statutory priority for service in section 1304(d), and the 

availability of funds from other Federal, State, and local programs.

    d. Describe how the State will promote continuity of education 

and the interstate and intrastate coordination of services for 

migratory children.

    e. Describe the State's plan to evaluate the effectiveness of 

its migrant education program and projects.



3. Title I, Part D--Children and Youth Who Are Neglected, 

Delinquent, or At-Risk



    a. Describe the program goals, performance indicators, 

performance objectives, and data sources that the State has 

established for its use in assessing the effectiveness of the 

program in improving the academic and vocational and technical 

skills of students participating in the program.

    b. Describe how the SEA is assisting projects funded under the 

program in facilitating the transition of children and youth from 

correctional facilities to locally operated programs.



4. Title I, Part F--Comprehensive School Reform



    a. Describe the process the SEA will use to ensure that programs 

funded include and integrate all eleven required components of a 

comprehensive school reform program.

    b. Describe the process the State will use to determine the 

percentage of Comprehensive School Reform schools with increasing 

number of students meeting or exceeding the proficient level of 

performance on State assessments in reading/language arts and 

mathematics.



5. Title II, Part A--Teacher and Principal Training and Recruiting 

Fund



    a. If not fully addressed in the State's response to the 

information on performance goals, indicators, and targets in 

Appendix A, describe the remainder of the State's annual measurable 

objectives under ESEA section 1119(a)(2).

    b. Describe how the SEA will hold LEAs accountable both for (1) 

meeting the annual measurable objectives described in ESEA section 

1119(a)(2), and (2) ensuring that the professional development the 

LEAs offer their teachers and other instructional staff is 

consistent with the definition of ``professional development'' in 

ESEA section 9101(34).



    Note: This program, and the financial support it provides to 

States, LEAs, and schools is vitally important to ensure that all 

students have teachers who are highly qualified, and who can help 

them to achieve to their maximum capabilities. The two items 

identified above supplement other information States need to provide 

in response to items in Appendix A, Goal 3; Appendix B, item 5b and 

c; and Appendix C, information on Title II, Part D (Enhancing 

Education Through Technology program) on how they plan to implement 

key teacher quality activities.



6. Title II, Part D--Enhanced Education Through Technology



    a. Describe the program goals, performance indicators, 

performance objectives, and data sources that the State has 

established for its use in assessing the effectiveness of the 

program in improving access to and use of educational technology by 

students and teachers in support of academic achievement.

    b. Provide a brief summary of the SEA's long-term strategies for 

improving student academic achievement, including technology 

literacy, through the effective use of technology in the classroom, 

and the capacity of teachers to integrate technology effectively 

into curricula and instruction.

    c. Describe key activities that the SEA will conduct or sponsor 

with the funds it retains at the State level. These may include such 

activities as provision of distance learning in rigorous academic 

courses or curricula; the establishment or support of public-private 

initiatives for the acquisition of technology by high-need LEAs; and 

the development of performance measurement systems to determine the 

effectiveness of educational technology programs.

    d. Provide a brief description of how--

    i. The SEA will ensure that students and teachers, particularly 

those in the schools of high-need LEAs, have increased access to 

technology, and

    ii. The SEA will coordinate the application and award process 

for State discretionary grant and formula grant funds under this 

program.



7. Title III, Part A--English Language Acquisition and Language 

Enhancement



    a. Describe how the SEA will ensure that LEAs use program funds 

only to carry out activities that reflect scientifically based 

research on the education of limited English proficient children 

while allowing those grantees flexibility (to the extent permitted 

under State law) to select and implement such activities in a manner 

that they determine best reflects local needs and circumstances.

    b. Describe how the SEA will hold LEAs accountable for meeting 

all annual measurable achievement objectives for limited English 

proficient children, and for making adequate yearly progress that 

raises the achievement of limited English proficient children.

    c. Describe the process that the State will use in making 

subgrants under section 3114(d) to LEAs that have experienced a 

significant increase in the percentage or number of immigrant 

children and youth.



8. Title IV, Part A--Safe and Drug-Free Schools and Communities



    a. Describe the key strategies in the State's comprehensive plan 

for the use of funds by the SEA and the Governor to provide safe, 

orderly, and drug-free schools and communities through programs and 

activities that--

    i. Complement and support activities of LEAs under ESEA section 

4115(b);

    ii. Comply with the principles of effectiveness under section 

4115(a); and

    iii. Otherwise are in accordance with the purpose of Title IV, 

Part A.





    Note: The reauthorized provisions of the Safe and Drug-Free 

Schools and Communities (SDFSC) Program clearly emphasize well-

coordinated SEA and Governor's Program activities. The statute 

requires that significant parts of the program application be 

developed for each State's program, not for the SEA and Governors 

Programs individually. For this reason, each State must submit a 

single application for SDFSC SEA and Governors Program funds. States 

may choose to apply for SDFSC funding through this consolidated 

application or through a program-specific application.)





    B. Describe the State's performance measures for drug and 

violence prevention programs and activities to be funded under Title 

IV, Part A, Subpart 1.

    These performance measures must focus on student behaviors and 

attitudes. They must consist of (1) performance indicators for drug 

and violence prevention programs and activities, and (2) levels of 

performance for each performance indicator. The description must 

also include timelines for achieving the levels of performance 

stated, details about what mechanism the State will use to collect 

data concerning the indicators, and provide baseline data for 

indicators (if available).

    c. Describe the steps the State will use to implement the 

Uniform Management Information and Reporting System (UMIRS) required 

by ESEA section 4112(c)(3). The description should include 

information about which agency(ies) will be responsible for 

implementing UMIRS, a tentative schedule for implementing UMIRS 

requirements, as well as preliminary plans for collecting required 

information.



9. Title IV, Part B, 21st Century Community Learning Centers



    Identify the percentage of students participating in 21st 

Century Community Learning Centers who meet or exceed the proficient 

level of performance on State assessments in reading/language arts 

and mathematics. Baseline data is to be collected for the 2002-2003 

school year, and submitted to the Department no later than September 

2003 by a specific due date the Department will announce.



10. Title IV, Part B--21st Century Community Leaning Centers



    Identify the percentage of students who participate in 21st 

Century Community Learning Centers who meet or exceed the proficient 

level of performance on State assessments in reading/language arts 

and mathematics. The State must collect baseline data for the 2002-

2003 school year, and submit these data to the Department no later 

than early September of 2003 by a date the Department will announce.



[[Page 35977]]



11. Title VI, Part A, Subpart 1--grants for State Assessment and 

Related Activities



    Describe how the State plans to use formula funds awarded under 

section 6113(b)(1) for the development and implementation of State 

assessments in accordance with section 6111 (1) and (2).



12. Title VI, Part B, Subpart 2--Rural and Low-Income School 

Program



    a. Identify the SEA's specific measurable goals and objectives 

related to increasing student academic achievement; decreasing 

student dropout rates; or improvement in other educational factors 

the SEA may elect to measure, and describe how Rural and Low-Income 

School program funds will help the SEA meet the goals and objectives 

identified.

    b. Describe how the State elects to make awards under the Rural 

and Low-Income School Program:

    i. By formulas proportionate to the numbers of students in 

eligible districts;

    ii. Competitively (please explain any priorities for the 

competition); or

    iii. By a State-designed formula that results in equal or 

greater assistance being awarded to school districts that serve 

higher concentrations of poor students.



    (Note: If a State elects the third option, the formula must be 

submitted for Department approval. States that elect this option may 

submit their State-designed formulas for approval as part of this 

submission.)



I. Key Fiscal Information



Consolidated Administrated Funds



1. Does the SEA Plan To Consolidate State-Level Administrative Funds?



    If yes, please provide information and analysis concerning 

Federal and other funding that demonstrates that Federal funds 

constitute less than half of the funds used to support the SEA.

    If yes, are there any programs whose funds are available for 

administration that the SEA will not consolidate?



2. Please Describe Your Plans for Any Additional Uses of Funds



Transferability



    Does the State plan to transfer non-administrative State-level 

ESEA funds under the provisions of the State and Local 

Transferability Act (sections 6121 to 6123 of the ESEA)? If so, 

please list the funds and the amounts and percentages to be 

transferred, the program from which funds are to be transferred, and 

the program into which funds are to be transferred.



    (Note: If the State elects to notify ED of the transfer in this 

document, the State's responses to the application's requests for 

information should reflect the State's comprehensive plan after the 

transfer. If the State has not elected to transfer funds at this 

time, it may do so at a later date. To do so, the State must (1) 

establish an effective date for the transfer, (2) notify the 

Department (at least 30 days before the effective date of the 

transfer) of its intention to transfer funds, and (3) submit the 

resulting changes to the information previously submitted in the 

State's consolidated application by 30 days after the effective date 

of the transfer.)



Program Specific Fiscal Information



1. Title I, Part A--Improving Basic Programs Operated by LEAs



    a. Identify the amount of the reservation in section 1003(a) for 

school improvement that the State will use for State-level 

activities and describe those activities.

    b. For the 95 percent of the reservation in section 1003(a) that 

must be made available to LEAs, describe how the SEA will allocate 

funds to assist LEAs in complying with the school improvement, 

corrective action, and restructuring requirements of section 1116 

and identify any SEA requirements for use of those funds.

    c. Identify what part, if any, of State administrative funds the 

SEA will use for assessment development under ESEA section 1004, and 

describe how those funds will be used.

    d. Describe how the State will inform LEAs of the procedures 

LEAs must use to distribute funds for schools to use for 

supplemental services under section 1167(e)(7) and the procedures 

for determining the amount to be used for this purpose.

    e. Describe how the State will use formula funds awarded under 

section 6113(b)(1) for the development and implementation of State 

assessments in accordance with section 6111.



2. Title I, Part B--Even Start Family Literacy



    Identify the amount of the reservation under subsection 1233(a) 

that the State will use for each category of State-level activities 

listed in that section, and describe how the SEA will carry out 

those activities.



3. Title I, Part C--Education of Migratory Children



    Identify the amount of funds that the SEA will retain from its 

Migrant Education Program (MEP) allocation, under section 200.41 of 

the Title I regulations (34 CFR 200.41), to carry out administrative 

and program functions that are unique to the MEP, and describe how 

the SEA will use those funds.



4. Title I, Part D--Children and Youth Who Are Neglected, Delinquent, 

or At-Risk



    Describe how the funds reserved under section 1418 will be used 

for transition services for students leaving institutions for 

schools served by LEAs, or postsecondary institutions or vocational 

and technical training programs.



5. Title II, Part A--Teacher and Principal Training and Recruiting Fund



    a. If applicable, of the one percent of the State's program 

allocation that ESEA section 2113(d) makes available to both the SEA 

and State agency for higher education (SAHE) for the costs of 

administration and planning, identify the amount the two agencies 

have agreed each agency will retain.



    Note: In the absence of an agreement between the two agencies to 

apportion the one-percent in another way, of this amount the 

Department annually will award to the SAHE for administration and 

planning the greater of--



    1. The amount of FY 2001 funds it had received for 

administration under the predecessor Title II, ESEA Eisenhower 

Professional Development Program, or

    2. Five percent of the amount available each year for subgrants 

to partnerships under ESEA section 2113(a)(2).

    The Department annually will award the remainder of the one-

percent of the State allocation to the SEA for its costs of 

administration and planning. We will provide further guidance on 

within-State allocations of Title II, Part A funds reserved for 

administration in the guidance it is developing for the program.

    b. Describe how the SEA will use funds reserved for State 

activities described in ESEA section 2113(c) to meet the teacher 

professional development and paraprofessional requirements in 

section 1119.



6. Title III, Part A--English Language Acquisition and Language 

Enhancement



    a. Specify the percentage of the State's allotment that the 

State will reserve and the percentage of the reserved funds that the 

State will use for each of the following categories of State-level 

activities: professional development; planning, evaluation, 

administration, and interagency coordination; technical assistance; 

and providing recognition to subgrantees that have exceeded their 

annual measurable achievement objectives. A total amount not to 

exceed 5 percent of the State's allotment may be reserved by the 

State under ESEA section 3111(b)(2) to carry out one or more of 

these categories of State-level activities.

    b. Specify the percentage of the State's allotment that the 

State will reserve for subgrants to eligible entities that have 

experienced a significant increase in the percentage or number of 

immigrant children and youth. A total amount not to exceed 15 

percent of the State's allotment must be reserved by the State under 

section 3114(d)(1) to award this type of subgrant.

    c. Specify the number of limited English proficient children in 

the State. (See definitions of ``child'' in ESEA section 3301(1), 

and ``limited English proficient'' in section 9101(25).)

    d. Specify the number of immigrant children and youth in the 

State. (See definition of ``immigrant children and youth'' in ESEA 

section 3301(6).)



    Note: ESEA section 3111 requires that State allocations for the 

Language Acquisition State grants be calculated on the basis of the 

number of limited English proficient children in the State compared 

to the number of such children in all States (80 percent) and the 

number of immigrant children and youth in the State compared to the 

number of such children and youth in all States (20 percent). The 

Department plans to use data from the 2000 Census to calculate State 

shares of limited English proficient students. However, these data 

on limited English proficient students will not be available for all 

States until September 2002. To ensure that States have access to 

funds as soon as they are available, the Department will provide, 

for FY 2002 only, an initial distribution of 50 percent of the funds 

under the limited



[[Page 35978]]



English proficient portion of the formula based on State-reported 

data. As soon as Census data become available, the Department will 

recalculate and make final State allocations using 2000 Census data.

    For the 20 percent of formula funds distributed to States based 

on State shares of immigrant children and youth, the Department will 

use the most recent State-reported data in allocating these funds. 

Census does not collect data that can be used to calculate State 

allocations for this part of the formula.



7. Title IV, Part A, Subpart 1, Section 4112(a)--Safe and Drug-Free 

Schools and Communities: Reservation of State Funds for the Governor



    a. The Governor may reserve up to 20 percent of the State's 

allocation under this program to award competitive grants or 

contracts. Identify the percentage of the State's allocation that is 

to be reserved for the Governor's program.

    b. The Governor may administer these funds directly or designate 

an appropriate State agency to receive the funds and administer this 

allocation. Provide the name of the entity designated to receive 

these funds, contact information for that entity (the name of the 

head of the designated agency, address, telephone number) and the 

``DUNS'' number that should be used to award these funds.



8. Title IV, Part A, Subpart 2, Section 4126--Safe and Drug-Free 

Schools and Communities: Community Service Grants



    Describe how the SEA, after it has consulted with the Governor, 

will use program funds to develop and implement a community service 

program for suspended and expelled students.



9. Title V, Part A--Innovative Programs



    a. In accordance with ESEA section 5112(a)(1), describe the 

SEA's formula for distributing program funds to LEAs. Include 

information on how the SEA will adjust its formula to provide higher 

per-pupil allocations to LEAs that have the greatest numbers or 

percentages of children whose education imposes a higher-than-

average cost per child, such as --

     Children living in areas with concentrations 

of economically disadvantaged families;

     Children from economically disadvantaged 

families; and

     Children living in sparsely populated areas.

    b. Identify the amount or percentage the State will reserve for 

each State-level activity under section 5121, and describe the 

activity.



Appendix D: Assurances



    With its June 2002 submission, an SEA will need to include a 

signed statement of its agreement to the following sets of 

assurances and cross cutting declaration:

    1. General and Cross-Cutting Assurances. Section 9304(a) 

requires States to have on file with the Secretary, as part of their 

consolidated application, a single set of assurances, applicable to 

each program included in the consolidated application, that provide 

that--

    a. Each such program will be administered in accordance with all 

applicable statutes, regulations, program plans, and applications;

    b.i. The control of funds provided under each such program and 

title to property acquired with program funds will be in a public 

agency, a nonprofit private agency, institution, or organization, or 

an Indian tribe, if the law authorizing the program provides for 

assistance to those entities; and

    b.ii. The public agency, nonprofit private agency, institution, 

or organization, or Indian tribe will administer those funds and 

property to the extent required by the authorizing law;

    c. The State will adopt and use proper methods of administering 

each such program, including--

    i. The enforcement of any obligations imposed by law on 

agencies, institutions, organizations, and other recipients 

responsible for carrying out each program;

    ii. The correction of deficiencies in program operations that 

are identified through audits, monitoring, or evaluation; and

    iii. The adoption of written procedures for the receipt and 

resolution of complaints alleging violations of law in the 

administration of the programs;

    d. The State will cooperate in carrying out any evaluation of 

each such program conducted by or for the Secretary or other Federal 

officials;

    e. The State will use such fiscal control and fund accounting 

procedures as will ensure proper disbursement of, and accounting 

for, Federal funds paid to the State under each such program;

    f. The State will--

    i. Make reports to the Secretary as may be necessary to enable 

the Secretary to perform the Secretary's duties under each such 

program; and

    ii. Maintain such records, provide such information to the 

Secretary, and afford such access to the records as the Secretary 

may find necessary to carry out the Secretary's duties; and

    g. Before the plan or application was submitted to the 

Secretary, the State afforded a reasonable opportunity for public 

comment on the plan or application and considered such comment.

    2. ESEA Specific Assurances and Crosscutting Declaration. Each 

SEA also must provide an assurance that it will--

    a. Comply with all operational requirements of the ESEA programs 

included in the consolidated application, whether the program 

statute identifies these requirements as a description or assurance 

that States would have addressed, absent this consolidated 

application, in a program-specific plan or application, and

    b. Maintain records of the State's compliance with each of those 

requirements.



    (Note: For the Safe and Drug-Free Schools programs, the SEA must 

have all appropriate assurances from the Governor on record.)



    Through the general assurance and assurance (1) in section 

9304(a), the SEA agrees to comply with all requirements of the ESEA 

and other applicable program statutes. While all requirements are 

important, we have identified in the application package a number of 

those to which we believe SEAs should pay particular attention in 

order to ensure the effective use of ESEA program funds in promoting 

increased student achievement. At the same time we stress that this 

list of program-specific requirements that the SEA is assuring it 

will meet is not exhaustive and that States are accountable for all 

program requirements.

    3. Cross-Cutting Declaration: Certification of Compliance with 

Unsafe School Choice Option Requirements.

    The State certifies that it has established and implemented a 

Statewide policy requiring that students attending persistently 

dangerous public elementary or secondary schools, as determined by 

the State (in consultation with a representative sample of local 

educational agencies), or who become victims of violent criminal 

offenses, as determined by State law, while in or on the grounds of 

public elementary and secondary schools that the students attend, be 

allowed to choose to attend a different, safe public elementary or 

secondary school (which may include a public charter school) within 

the local educational agency.



Appendix E: Enhanced Assessment Instruments Competitive Grant Program 

(Title VI, section 6112)--Program Information and Proposed Selection 

Criteria



    Overview. Proficiency on State assessments required under Title 

I, Part A of the ESEA is the primary indicator in the ESEA of 

student academic achievement and, hence, the primary measure of 

State success in meeting the goals of No Child Left Behind. In view 

of the critical importance of these State assessments, ESEA section 

6111 provides formula grants to all SEAs, and section 6112 

authorizes the Secretary to make competitive grant awards to State 

educational agencies (SEAs) to help them enhance the quality of 

assessment and accountability systems.

    Because of the close relationship between this program and Title 

I, Part A, section 6112 requires States wishing to apply for the 

competitive portion of the State assessment grants to include their 

applications for this program in the State plans they prepare under 

Title I, Part A. For this reason, the Secretary has designated this 

program for voluntary inclusion in a State's ESEA consolidated 

application even though it is not a formula grant program. In doing 

so, the Secretary establishes the following procedures and 

requirements to govern this competition.

    Eligible applicants. By law, all eligible applicants must be 

SEAs or consortia of SEAs. An application from a consortium of SEAs 

must designate one SEA as the fiscal agent.

    Proposed Award Amounts and Timelines. The statute requires that 

any funds appropriated in excess of the required amount for State 

assessment formula allocations (section 6111) be allocated as 

competitive grants. From the amount appropriated, approximately $17 

million is available for the upcoming fiscal year 2002 competition. 

Subject to the minimum size of award provided in section 

6113(b)(2)(A)(ii) (which is based on a State's enrollment of



[[Page 35979]]



students ages 5-17), the Department estimates that it will make 20 

awards ranging from $300,000 to $2,000,000, with an average size of 

$850,000.

    All applications must be submitted on or before September 15, 

2002. We expect to issue grant awards by December 1, 2002. Project 

periods will run until September 30, 2004.

    Application requirements. Section 6112(a) requires that all 

funded applications demonstrate that States (or consortia of States) 

will--

    1. Collaborate with institutions of higher education, other 

research institutions, or other organizations to improve the 

quality, validity, and reliability of State academic assessments 

beyond the requirements for the assessments described in section 

1111(b)(3) of Title I, Part A;

    2. Measure student academic achievement using multiple measures 

of student academic achievement from multiple sources;

    3. Chart student progress over time; or

    4. Evaluate student academic achievement through the development 

of comprehensive academic assessment instruments, such as 

performance and technology-based academic assessments.

    Competitive preferences. Enhancing assessment instruments so 

that they take into consideration alternatives for assessing 

students with disabilities and limited English proficient students 

is one of the pressing needs in the area of assessments. In 

addition, the complexity of improving assessments calls for 

collaborative efforts between and among states to yield approaches 

that can be adapted in varied contexts and for effective 

dissemination of results to increase the likelihood that the 

projects funded will contribute to ongoing State efforts to improve 

their assessment systems.

    Toward those ends, the Secretary establishes the following 

competitive preferences, and will award up to 35 points to an 

applicant based on how well its application meets these preferences. 

These preference points are in addition to points an applicant earns 

under the selection criteria.

    1. Accommodations and alternate assessments (20 points) 

Applications that can be expected to advance practice significantly 

in the area of increasing accessibility and validity of assessments 

for students with disabilities or limited English proficiency, or 

both, including strategies for test design, administration with 

accommodations, scoring, and reporting.

    2. Collaborative efforts (10 points) Applications that are 

sponsored by a consortium of States.

    3. Dissemination (5 points) Applications that include an 

effective plan for dissemination of results.

    Selection criteria. The Secretary establishes the following 

criteria and weights authorized by sections 75.209-210 of the 

Education Department General Administrative Regulations (EDGAR):



1. Need for the Project (10 points)



     The magnitude and severity of the problem to 

be addressed by the proposed project;

     The extent to which the proposed project will 

provide services or otherwise address the needs of students at risk 

of educational failure; and

     The extent to which the proposed project will 

focus on serving or otherwise addressing the needs of disadvantaged 

individuals.



2. Scope (10 points)



     The extent to which the goals and objectives 

to be achieved by the proposed project are clearly specified and 

measurable, and

     The extent to which the goals and objectives 

are sufficiently broad to be likely to result in significant change 

or improvement of one or more State assessment systems.



3. Significance (15 points)



     The potential contribution of the proposed 

project to increased knowledge or understanding of educational 

problems, issues, or effective strategies;

     The potential contribution of the proposed 

project to the development and advancement of theory, knowledge, and 

practices in the field of study;

     The extent to which the proposed project is 

likely to yield findings that may be used by other appropriate 

agencies and organizations; and

     The extent to which the proposed project 

involves the development or demonstration of promising new 

strategies that build on, or are alternatives to, existing 

strategies.



4. Quality of Project Design (30 points)



     The extent to which there is a conceptual 

framework underlying the proposed research or demonstration 

activities, and the quality of that framework;

     The quality of the proposed design and 

procedures for documenting project activities and results;

     The extent to which the design for 

implementing and evaluating the proposed project will result in 

information to guide possible replication of project activities or 

strategies, including information about the effectiveness of the 

approach or strategies employed by the project;

     The extent to which the proposed project is 

designed to build capacity and yield results that will extend beyond 

the period of Federal financial assistance;

     The extent to which the design of the 

proposed project reflects up-to-date knowledge from research and 

effective practice;

     The extent to which the proposed project 

represents an exceptional approach for meeting statutory purposes 

and requirements; and

     The quality of the methodology to be employed 

by the proposed project.



5. Quality of the Management Plan (5 points)



     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 

milestones for accomplishing project tasks; and

     The extent to which the time commitments of 

the project director and principal investigator and other key 

project personnel are appropriate and adequate to meet the 

objectives of the proposed project.



6. Quality of Project Personnel (10 points)



     The extent to which the applicant encourages 

applications for employment from persons who are members of groups 

that have traditionally been underrepresented based on race, color, 

national origin, gender, age, or disability;

     The qualifications, including relevant 

training and experience, of the project director or principal 

investigator;

     The qualifications, including relevant 

training and experience, of key project personnel; and

     The qualifications, including relevant 

training and experience, of project consultants or subcontractors.



7. Adequacy of Resources (10 points)



     The adequacy of support, including 

facilities, equipment, supplies, and other resources from the SEA or 

the lead applicant SEA;

     The relevance and demonstrated commitment of 

each partner in the proposed project to the implementation and 

success of the project; and

     The extent to which the budget is adequate to 

support the proposed project.



8. Quality of the Evaluation Plan (10 points)



     The extent to which the methods of evaluation 

are thorough, feasible, and appropriate to the goals, objectives, 

and outcomes of the proposed project;

     The extent to which the methods of evaluation 

are appropriate to the context within which the project operates;

     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 will produce 

quantitative and qualitative data to the extent possible; and

     The extent to which the evaluation will 

provide guidance about effective strategies suitable for replication 

or testing in other situations.



Appendix F--Optional Interim Application for FY 2002 Funds Under the 

Safe and Drug-Free Schools and Communities State Grants Program (Title 

IV, Part A, Subpart 1)



    The Safe and Drug-Free Schools and Communities State Grants 

program authorizes States that desire to submit a program-specific 

application for FY 2002 funds to do so in either of two ways. A 

State may either submit (1) the comprehensive State application 

described in ESEA section 4113(a) or (2) an interim application 

that, under section 4113(b), offers the State an opportunity to 

develop and submit the comprehensive application prior to its 

receipt of fiscal year 2003 funds under the program.

    Section 4113(b)(1) provides that the content of the interim 

application must be consistent with the requirements of that section 

of the law and contain the information that ``the Secretary may 

specify in regulations.'' So that States may understand their 

various options for applying for Safe and Drug-Free Schools and 

Communities State Grants program, the



[[Page 35980]]



Department is using the vehicle of this notice to announce rules for 

this interim program application for FY 2002 funds.

    States that desire to use this interim application to apply for 

FY 2002 Safe and Drug-Free Schools and Communities State Grants 

program funds must submit the following:

     A description of how the SEA will coordinate 

the agency's activities under this subpart with the chief executive 

office's drug and violence prevention programs and with the 

prevention efforts of other State agencies and other programs, as 

appropriate.

     A statement of the State's performance 

measures for drug and violence prevention programs and activities to 

be funded under this grant, which will be focused on student 

behavior and attitudes, derived from the State's needs assessment in 

section 4113(a)(9). These indicators must be developed through 

consultation between the State and local officials, and that 

consists of performance indicators for drug and violence prevention 

programs and activities, and levels of performance for each 

indicator. The description must also include timelines for achieving 

the levels of performance stated, details about what mechanisms the 

State will use to collect data concerning the stated indicators, and 

baseline data for indicators if they are available.

    In its statement, the State must submit performance measures for 

(1) the following indicator: the number of persistently dangerous 

schools, as defined by the State, and for (2) other indicators that 

it identifies as appropriate based on its analysis of need and its 

comprehensive plan for use of funds:

     A description of how the State educational 

agency will review applications from local educational agencies, 

including how the agency will receive input from parents in such 

review.

     A description of how the State educational 

agency will monitor the implementation of activities and provide 

technical assistance for local educational agencies, community-based 

organizations, other public entities, and private organizations.

     A description of how the chief executive 

officer of the State will award funds under section 4112(a) and 

implement a plan for monitoring the performance of, and providing 

technical assistance to, grant recipients.



[FR Doc. 02-12865 Filed 5-21-02; 8:45 am]

BILLING CODE 4000-01-U