[Federal Register: April 25, 2001 (Volume 66, Number 80)] [Notices] [Page 20871-20891] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr25ap01-114] [[Page 20871]] ----------------------------------------------------------------------- Part III Department of Education ----------------------------------------------------------------------- Bilingual Education: State Grant Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2001; Notice [[Page 20872]] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION [CFDA No.: 84.194Q] Bilingual Education: State Grant Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2001 Note to Applicants: This notice is a complete application package. Together with the statute authorizing the program and the Education Department General Administrative Regulations (EDGAR), this notice contains all of the information, application forms, and instructions needed to apply for an award under this program. The statutory authorization for this program, and the application requirements that apply to this competition, are contained in section 7134 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994 (Pub. L. 103-382, enacted October 20, 1994 (the Act) (20 U.S.C. 7454)). Purpose of Program: This program provides grants to State educational agencies to: (1) Assist local educational agencies in the State with program design, capacity building, assessment of student performance, and program evaluation; and (2) collect data on the State's limited English proficient (LEP) population and the educational programs and services available to that population. However, a State is exempt from the requirement to collect data if it did not, as of October 20, 1994, have a system in place for collecting the data. Eligible Applicants: State educational agencies. Deadline for Transmittal of Applications: May 30, 2001. Deadline for Intergovernmental Review: July 30, 2001. Available Funds: $6 million. Estimated Number of Awards: 40. Note: The Department is not bound by any estimates in this notice. Project Period: 12 months. Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 85, 86, and 99. (b) The regulations in 34 CFR part 299. Description of Program Funds under this program are to be used to assist local educational agencies in the State with program design, capacity building, assessment of student performance, and program evaluation. In addition, grantees are required to collect data on the State's LEP population and the educational programs and services available to that population unless a grantee's State did not, as of October 20, 1994, have a system for collecting data in place. However, a State that develops a system for collecting data on the educational programs and services available to all LEP students in the State subsequent to October 20, 1994 must meet this requirement. A grantee may also use funds provided under this program for the training of State educational agency personnel in educational issues affecting LEP children and youth. Selection Criteria (a)(1) The Secretary uses the following selection criteria under 34 CFR 75.209 and 34 CFR 75.210 and section 7134 of the Act to evaluate applications for new grants under this competition. (2) The maximum score for all of these criteria is 100 points. (3) The maximum score for each criterion is indicated in parentheses. (b) The criteria--(1) Providing for the education of children and youth with limited English proficiency. (20 points) The Secretary reviews each application to determine how effectively the applicant provides, through its own programs and other Federal education programs, for the education of limited English proficient children and youth within its State. (Authority: 20 U.S.C. 7454(a)) (2) Need for the project. (15 points) (i) The Secretary considers the need for the proposed project. (ii) In determining the need for the proposed project, the Secretary considers the magnitude of the need for the services to be provided or the activities to be carried out by the proposed project. (Authority: 34 CFR 75.210(a)(1) and (2)(ii)) (3) Quality of the project design. (25 points) (i) The Secretary considers the quality of the design of the proposed project. (ii) In determining the quality of the design of the proposed project, the Secretary considers the following factors: (A) The extent to which the goals, objectives, and outcomes to be achieved by the proposed project are clearly specified and measurable. (B) 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. (C) The extent to which the proposed project will be coordinated with similar or related efforts, and with other appropriate community, State, and Federal resources. (Authority: 34 CFR 75.210(c)(1)-(2)(i), (xii), and (xvi)) (4) Quality of project services. (15 points) (i) The Secretary considers the quality of the services to be provided by the proposed project. (ii) In determining the quality of the services to be provided by the proposed project, the Secretary considers the quality and sufficiency of strategies for ensuring equal access and treatment for eligible project participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability. (iii) In addition, the Secretary considers the following factors: (A) The extent to which the services to be provided by the proposed project are appropriate to the needs of the intended recipients or beneficiaries of those services. (B) The extent to which entities that are to be served by the proposed technical assistance project demonstrate support for the project. (C) The extent to which the technical assistance services to be provided by the proposed project involve the use of efficient strategies, including the use of technology, as appropriate, and the leveraging of non-project resources. (Authority: 34 CFR 75.210(d)(1)- (3)(i), (ii), and (x)) (5) Quality of project personnel. (10 points) (i) The Secretary considers the quality of the personnel who will carry out the proposed project. (ii) In determining the quality of project personnel, the Secretary considers 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. (iii) In addition, the Secretary considers the following factors: (A) The qualifications, including relevant training and experience, of the project director. (B) The qualifications, including relevant training and experience, of key project personnel. (Authority: 34 CFR 75.210(e) (1)-(3)(i)-(ii)) (6) Adequacy of resources: (5 points) (i) The Secretary considers the adequacy of resources for the proposed project. (ii) In determining the adequacy of resources for the proposed project, the Secretary considers the following factors: (A) The adequacy of support, including facilities, equipment, supplies, and other resources, from the applicant organization or the lead applicant organization. [[Page 20873]] (B) The extent to which the budget is adequate to support the proposed project. (C) The extent to which the costs are reasonable in relation to the objectives, design, and potential significance of the proposed project. (Authority: 34 CFR 75.210(f) (1)-(2)(i), (iii)-(iv)) (7) Quality of the project evaluation. (10 points) (i) The Secretary considers the quality of the evaluation to be conducted of the proposed project. (ii) In determining the quality of the evaluation, the Secretary considers the following factors: (A) The extent to which the methods of evaluation are thorough, feasible, and appropriate to the goals, objectives, and outcomes of the proposed project. (B) The extent to which the methods of evaluation are appropriate to the context within which the project operates. (Authority: 34 CFR 75.210(h) (1)-(2)(i)-(ii)) Intergovernmental Review of Federal Programs: This program is subject to the requirements of Executive Order 12372 (Intergovernmental Review of Federal Programs) and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and to strengthen federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. If you are an applicant, you must contact the appropriate State Single Point of Contact (SPOC) to find out about, and to comply with, the State's process under Executive Order 12372. If you propose to perform activities in more than one State, you should immediately contact the SPOC for each of those States and follow the procedure established in each State under the Executive order. If you want to know the name and address of any SPOC, see the latest official SPOC list on the Web site of the Office of Management and Budget at the following address: http://www.whitehouse.gov/omb/grants. In States that have not established a process or chosen a program for review, State, areawide, regional, and local entities may submit comments directly to the Department. Any State Process Recommendation and other comments submitted by a SPOC and any comments from State, areawide, regional, and local entities must be mailed or hand-delivered by the date indicated in this application notice to the following address: The Secretary, E.O. 12372--CFDA# 84.194Q, U.S. Department of Education, 400 Maryland Avenue, SW., Room 7E200, Washington, DC 20202-0125. We will determine proof of mailing under 34 CFR 75.102 (Deadline date for applications). Recommendations or comments may be hand- delivered until 4:30 p.m. (Washington, DC time) on the date indicated in this notice. PLEASE NOTE THAT THE ABOVE ADDRESS IS NOT THE SAME ADDRESS AS THE ONE TO WHICH AN APPLICANT SUBMITS ITS COMPLETED APPLICATION. DO NOT SEND APPLICATIONS TO THE ABOVE ADDRESS. Instructions for Transmittal of Applications Note: Some of the procedures in these instructions for transmitting applications differ from those in the Education Department General Administrative Regulations (EDGAR) (34 CFR 75.102). Under the Administrative Procedure Act (5 U.S.C. 553) the Department generally offers interested parties the opportunity to comment on proposed regulations. However, these amendments make procedural changes only and do not establish new substantive policy. Therefore, under 5 U.S.C. 553(b)(A), the Secretary has determined that proposed rulemaking is not required. Pilot Project for Electronic Submission of Applications The U.S. Department of Education is expanding its pilot project of electronic submission of applications to include certain formula grant programs, as well as additional discretionary grant competitions. The Bilingual Education State Grant Program (CFDA No. 84.194Q) is one of the programs included in the pilot project. If you are an applicant under the Bilingual Education State Grant Program, you may submit your application to us in either electronic or paper format. The pilot project involves the use of the Electronic Grant Application System (e-APPLICATION, formerly e-GAPS) portion of the Grant Administration and Payment System (GAPS). We request your participation in this pilot project. We shall continue to evaluate its success and solicit suggestions for improvement. If you participate in this e-APPLICATION pilot, please note the following: Your participation is voluntary. You will not receive any additional point value or penalty because you submit a grant application in electronic or paper format. You can submit all documents electronically, including the Application for Federal Education Assistance (ED 424), Budget Information--Non-Construction Programs (ED 524), and all necessary assurances and certifications. Fax a signed copy of the Application for Federal Education Assistance (ED 424) after following these steps: 1. Print ED 424 from the e-APPLICATION system. 2. Make sure that the institution's Authorizing Representative signs this form. 3. Before faxing this form, submit your electronic application via the e-APPLICATION system. You will receive an automatic acknowledgement, which will include a PR/Award number (an identifying number unique to your application). 4. Place the PR/Award number in the upper right hand corner of ED 424. 5. Fax ED 424 to the Application Control Center within three working days of submitting your electronic application. We will indicate a fax number in e-APPLICATION at the time of your submission. We may request that you give us original signatures on all other forms at a later date. You may access the electronic grant application for the Bilingual Education State Grant Program at: http://e-grants.ed.gov. We have included additional information about the e-APPLICATION pilot project (see Parity Guidelines between Paper and Electronic Applications) elsewhere in this notice. If you want to apply for a grant and be considered for funding, you must meet the following deadline requirements. (A) If You Send Your Application by Mail You must mail the original and one copy of the application on or before the deadline date to: U.S. Department of Education, Application Control Center,Attention: CFDA No. 84.194Q, Washington, DC 20202-4725. You must show one of the following as proof of mailing: (1) A legibly dated U.S. Postal Service postmark. (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service. (3) A dated shipping label, invoice, or receipt from a commercial carrier. (4) Any other proof of mailing acceptable to the Secretary. If you mail an application through the U.S. Postal Service, we do not accept either of the following as proof of mailing: [[Page 20874]] (1) A private metered postmark. (2) A mail receipt that is not dated by the U.S. Postal Service. (B) If You Deliver Your Application by Hand You or your courier must hand-deliver the original and one copy of the application by 4:30 p.m. (Washington, DC time) on or before the deadline date to: U.S. Department of Education, Application Control Center, Attention: CFDA No. 84.194Q, Room 3633, Regional Office Building 3, 7th and D Streets, SW., Washington, DC. The Application Control Center accepts application deliveries daily between 8:00 a.m. and 4:30 p.m. (Washington, DC time), except Saturdays, Sundays, and Federal holidays. The Center accepts application deliveries through the D Street entrance only. A person delivering an application must show identification to enter the building. (C) If You Submit Your Application Electronically You must submit your grant application through the Internet using the software provided on the e-Grants Web site (http://e-grants.ed.gov) by 4:30 p.m. (Washington, DC time) on the deadline date. The regular hours of operation of the e-Grants Web site are 6:00 a.m. until 12:00 midnight (Washington, DC time) Monday--Friday and 6:00 a.m. until 7:00 p.m. Saturdays. The system is unavailable on the second Saturday of every month, Sundays, and Federal holidays. Please note that on Wednesdays the Web site is closed for maintenance at 7:00 p.m. (Washington, DC time). Notes: (1) The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. (2) If you send your application by mail or deliver it by hand or by a courier service, the Application Control Center will mail a Grant Application Receipt Acknowledgment to you. If you do not receive the notification of application receipt within 15 days from the date of mailing the application, you should call the U.S. Department of Education Application Control Center at (202) 708- 9493. (3) You must indicate on the envelope and--if not provided by the Department--in Item 4 of the Application for Federal Education Assistance (ED 424; revised November 12, 1999) the CFDA number--and suffix letter, if any--of the competition under which you are submitting your application. (4) If you submit your application through the Internet via the e-Grants Web site, you will receive an automatic acknowledgment when we receive your application. Application Instructions and Forms: The appendix to this application notice contains the following forms, instructions, assurances, certifications, and notices: a. Estimated Public Reporting Burden Statement. b. Application Instructions. c. Checklist for Applicants. d. Application for Federal Education Assistance (ED 424) and Instructions. e. Budget Information--Non-Construction Programs (ED 524) and Instructions. f. Assurances--Non-Construction Programs (Standard Form 424B) and Instructions. g. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 80-0013) and Instructions. h. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014) and Instructions. i. Disclosure of Lobbying Activities (Standard Form LLL) and Instructions. j. Notice to All Applicants (regarding compliance with section 427 of the General Education Provisions Act (GEPA) (OMB No. 1801-0004). An applicant may submit information on a photostatic copy of the application forms, assurances, and certifications. However, if an application is submitted in conventional paper form, one copy of the application forms, assurances, and certifications must have an original signature. All applicants submitting their applications in conventional paper form must submit ONE original signed application, including ink signatures on all forms and assurances, and ONE copy of the application. Please mark each application as original or copy. No grant may be awarded unless a complete application has been received. FOR FURTHER INFORMATION CONTACT: Harry Logel, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5086, Switzer Building, Washington, DC 20202-6510. Telephone: (202) 205-5530. E-mail: Harry_Logel@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m. (Washington, DC time), Monday through Friday. Individuals with disabilities may obtain this notice in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed above. Please note, however, that the Department is not able to reproduce in an alternative format the standard forms included in the notice. 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 the preceding 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. 7454. Dated: April 19, 2001. Arthur M. Love, Acting Director, Office of Bilingual Education and Minority Languages Affairs. Appendix--Estimated Public Reporting Burden Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is OMB No. 1885-0541 (Exp. 12/31/ 2001). The time required to complete this information collection is estimated to average 60 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate or suggestions for improving this form, please write to: U. S. Department of Education, Washington, DC 20202-4651. If you have comments or concerns regarding the status of your individual submission of this form, write directly to: Office of Bilingual Education and Minority Languages Affairs,U.S. Department of Education, 400 Maryland Avenue, SW.,Room 5086, Switzer Building, Washington, DC 20202-6510. Application Instructions Parity Guidelines between Paper and Electronic Applications The Department of Education is expanding the pilot project, which began in FY 2000, that allows applicants to use an Internet- based electronic system for submitting applications. This competition is among those that have an electronic submission option available to all applicants. The system, called e-APPLICATION, formerly e- [[Page 20875]] GAPS (Electronic Grant Application Package System), allows an applicant to submit a grant application to us electronically, using a current version of the applicant's Internet browser. To see e- APPLICATION visit the following address: http://e-grants.ed.gov. In an effort to ensure parity and a similar look between applications transmitted electronically and applications submitted in conventional paper form, e-APPLICATION has an impact on all applicants under this competition. Users of e-APPLICATION, a data driven system, will be entering data on-line while completing their applications. This will be more interactive than just e-mailing a soft copy of a grant application to us. If you participate in this voluntary pilot project by submitting an application electronically, the data you enter on-line will go into a database and ultimately will be accessible in electronic form to our reviewers. This pilot project is another step in the Department's transition to an electronic grant award process. In addition to e- APPLICATION, the Department is conducting a limited pilot of electronic peer review (e-READER) and electronic annual performance reporting (e-REPORTS). To help ensure parity and a similar look between electronic and paper copies of grant applications, we are asking each applicant that submits a paper application to adhere to the following guidelines: Submit your application on 8\1/2\" by 11" paper. Leave a 1-inch margin on all sides. Use consistent font throughout your document. You may also use boldface type, underlining, and italics. However, please do not use colored text. Please use black and white, also, for illustrations, including charts, tables, graphs, and pictures. For the narrative component, your application should consist of the number and the heading of each selection criterion followed by the narrative. Place a page number at the bottom right of each page of the narrative component, beginning with 1; and number your pages consecutively throughout the narrative component. Abstract The narrative component should be preceded by a one-page abstract that includes a short description of the LEP population in the State, project objectives, and planned project activities. Selection Criteria The narrative should address fully all aspects of the selection criteria in the order listed and should give detailed information regarding each criterion. Do not simply paraphrase the criteria. GPRA Program Performance Indicators The Government Performance and Results Act (GPRA) of 1993 directs Federal agencies to improve the effectiveness of their programs by setting outcome-related goals for programs and measuring program results against those goals. One of the steps taken by the U.S. Department of Education to implement this Act is to ask its grantees to report annually their progress toward meeting the objectives of their projects in relation to the GPRA program performance indicators. Therefore applicants for new grants should ensure that the project goals and objectives they propose in the narrative component of their applications include outcome-oriented performance goals and objectives that are measurable and reportable in relation to the GPRA performance indicators for the particular program under which they are seeking Federal assistance. Applicants under the Bilingual Education State Grant Program should, in devising project goals and objectives, take into account the following GPRA performance indicator for this program: More specific reporting: All States will increase their capacity to plan for and provide technical assistance by reporting more specifically on LEP programs designed to meet the educational needs of LEP students, their academic test performance, and grade retention rates. Table of Contents The application should include a table of contents listing the various parts of the narrative in the order of the selection criteria. The table should include the page numbers where these parts are found. Budget A separate budget summary and cost itemization must be provided on the Budget Information Form (ED 524) and in the itemized budget for the project year. Budget line items should be directly related to the activities that are proposed to achieve the goals and objectives of the project. Final Application Preparation Use the Checklist for Applicants provided below to verify that your application is complete. If you submit your application in conventional paper form, provide two copies of the application, including one copy with an original signature on each form that requires the signature of the authorized representative. Do not use elaborate bindings, notebooks, or covers. If you mail your application, the application must be postmarked by the application deadline date. Checklist for Applicants Application Forms and Other Items 1. Application for Federal Education Assistance Form (ED 424). 2. Budget Information Form (ED 524). 3. Itemized budget. 4. Assurances--Non-Construction Programs Form (SF 424B). 5. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Form (ED 80-0013). 6. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 80-0014) (if applicable). 7. Disclosure of Lobbying Activities Form (SF-LLL). 8. Notice to All Applicants (GEPA requirement) (OMB No. 1801- 0004). 9. One-page abstract. 10. Table of contents. 11. Application narrative. Application Transmittal 1. By mail or hand delivery: one original and one copy of the application to the U.S. Department of Education Application Control Center; or by electronic transmission: software provided on the e- Grants Web site. 2. One copy to the appropriate State Single Point of Contact (if applicable). 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