[Federal Register: June 21, 1996 (Volume 61, Number 121)] [Notices] [Page 32314-32316] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Fund for the Improvement of Education (FIE) AGENCY: Department of Education. ACTION: Notice of Final Priority and Limitation on Use of Funds for Fiscal Years 1996 and 1997; Elementary School Mathematics and Science Equipment Program. ----------------------------------------------------------------------- SUMMARY: The Secretary announces an absolute priority under the Fund for the Improvement of Education (FIE): Elementary School Mathematics and Science Equipment Program. The Secretary takes this action to focus Federal financial assistance on raising the quality of instruction in mathematics and science in the Nation's elementary schools by providing equipment and materials necessary for hands-on instruction. EFFECTIVE DATE: This priority takes effect July 22, 1996. FOR FURTHER INFORMATION CONTACT: Lois N. Weinberg, U.S. Department of Education, 555 New Jersey Avenue, N.W., Room 502H, Washington, D.C. 20208-5645; (202) 219-2147. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: The purpose of the Fund for the Improvement of Education is to support nationally significant programs to improve the quality of education, assist all students to meet challenging State content and student performance standards, and contribute to the achievement of the National Education Goals. The Omnibus Consolidated Rescissions and Appropriations Act of 1996 (``Act''), Pub. L. 104-134, requires the Secretary to use $3,000,000 of FIE funds for mathematics and science equipment projects. The report language accompanying the Act directs the Secretary to provide assistance, through State and local educational agencies, to carry out programs such as those authorized under Title III, Part E of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. [[Page 32315]] 6971). Title III, Part E authorizes grant awards to local educational agencies (LEA) for the purpose of providing equipment and materials to public and private elementary schools to improve hands-on instruction in mathematics and science. To carry out this Congressional directive, the Secretary establishes an absolute priority limiting the use of funds under this FIE competition to projects that provide equipment and materials to elementary schools for the purpose of improving mathematics and science education through hands-on instruction. In accordance with Title III, Part E, the Secretary gives priority to projects that assist schools which are seriously underequipped or serve large numbers or percentages of economically disadvantaged students. Furthermore, in accordance with the provisions of Title III, Part E, the Secretary limits the definition of ``equipment'' to prohibit the use of grant funds for the purchase of computers, computer peripherals, software, textbooks, staff development costs, or for capital improvements. Eligibility for awards under this competition is limited to LEAs since LEAs have primary responsibility for purchasing equipment and supplies for elementary schools. However, to ensure that children in private schools have an equitable opportunity to benefit from projects funded under this competition, the Secretary makes sections 14503-14506 of the ESEA (20 U.S.C. 8893-8896) applicable to awards made to LEAs under this program. Section 14503 requires an LEA receiving grant funds under this program to provide private school children and teachers, on an equitable basis, special educational services or other program benefits under this program. The section further requires LEAs to consult with private school officials during the design and development of the proposed project. Each application should describe the ways in which the proposed project will address the needs of private school children and teachers. Furthermore, the Secretary directs financial assistance under this competition to projects that benefit elementary schools located in areas that have been designated as Empowerment Zones or Enterprise Communities in accordance with Section 1391 of the Internal Revenue Code (IRC), as amended by Title XIII of the Omnibus Budget Reconciliation Act (OBRA) of 1993. Background on Empowerment Zone and Enterprise Community Program--(EZ/ EC) The Empowerment Zone and Enterprise Community program is a critical element of the Administration's community revitalization strategy. The program is the first step in rebuilding communities in America's poverty-stricken inner cities and rural heartlands. It is designed to empower people and communities by inspiring Americans to work together to create jobs and opportunity. The Departments of Agriculture (USDA) and Housing and Urban Development (HUD) have designated empowerment zones and enterprise communities, which are communities located within the cities and counties listed in the appendix. The Empowerment Zones and Enterprise Communities were designated based on locally-developed strategic plans that comprehensively address how the community will link economic development with education and training, as well as how community development, public safety, human services, and environmental initiatives together will support sustainable communities. Designated areas will receive Federal grant funds and substantial tax benefits and will have access to other Federal programs. (For additional information on the Urban EZ/EC program contact HUD at 1-800-998-9999 and for the rural EZ/EC program contact USDA at 1-800-645-4712.) The Department of Education is supporting the Empowerment Zone and Enterprise Community initiative in a variety of ways. It is encouraging zones to use funds they already receive from Department of Education programs (including Title I of the Elementary and Secondary Education Act, the Safe and Drug-Free Schools and Communities Act, the Adult Education Act, and the Carl D. Perkins Vocational and Applied Technology Act) to support the comprehensive vision of their strategic plans. In addition, the Department of Education is giving preference to EZ/ECs in a number of discretionary programs that are well suited for inclusion in a comprehensive approach to economic and community development. The Empowerment Zone initiative and the Elementary School Mathematics and Science Equipment Program share some common features. Both programs address the educational needs of students in communities and schools with limited resources. The Elementary School Mathematics and Science Equipment Program is specifically designed to assist schools which are most seriously lacking mathematics and science equipment, and which serve large numbers or percentages of economically disadvantaged students. Note: This notice of final priority does not solicit applications. A notice inviting applications under this competition is published in a separate notice in this issue of the Federal Register. Absolute Priority: Under 34 CFR 75.105(c)(3) the Secretary gives an absolute preference to applicants that meet the following priority. The Secretary funds under this competition only applications that meet this absolute priority: Projects that serve schools in an Empowerment Zone or Enterprise Community and are designed to-- (1) Purchase and provide equipment for hands-on instruction in mathematics and science for elementary schools which-- (A) Are most seriously underequipped; or (B) Serve large numbers or percentages of economically disadvantaged students, or underrepresented groups in mathematics and science, or both; and (2) Demonstrate how instructional strategies that use hands-on mathematics and science equipment will assist students to work toward the achievement of challenging student performance standards. Limitations on Use of Funds: Funds provided through grants under this competition shall be used to purchase science equipment, science materials, or mathematical manipulative materials for elementary schools and shall not be used for computers, computer peripherals, software, textbooks, staff development costs, or for capital improvements. For the purpose of this competition, the word ``equipment'' includes supplies and materials that would not be considered equipment under the definitions in the Education Department General Administrative Regulations (EDGAR) at 34 CFR Sections 74.2, 74.34, 80.3, and 80.32. For example, equipment purchased under this competition could include low-cost manipulatives that students and teachers would use for hands-on instruction in mathematics and science. However, if a grantee uses some of the funds received under this competition to purchase equipment as defined at 34 CFR Sections 74.2 or 80.3, that is, tangible, nonexpendable, personal property with a useful life of more than one year, and a cost of $5,000 or more per unit, the EDGAR regulations [[Page 32316]] regarding equipment apply. Thus, the grantee would have to manage and dispose of the equipment consistent with the requirements at Sec. 74.34 or Sec. 80.32. Waiver of Proposed Rulemaking: In accordance with the Administrative Procedure Act (5 U.S.C. 553), it is the practice of the Department of Education to offer interested parties the opportunity to comment on proposed priorities that are not taken directly from statute. Ordinarily, this practice would have applied to the priorities for this program. However, the Secretary waives rulemaking on these rules under section 553(b)(B) of the Administrative Procedure Act. This section provides that rulemaking is not required when the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. Final Congressional action, directing the Secretary to use FY 1996 funds to carry out the activities specified in these rules, did not occur until April 26, 1996. The Secretary believes that, in order to make timely grant awards using Fiscal Year (FY) 1996 funds, public comment on these rules is impracticable. Furthermore, these priorities, as well as the restrictions on the use of funds, are drawn in large part from the statute authorizing the Elementary Mathematics and Science Equipment Program (20 U.S.C. 6971). Congress, in its report accompanying the appropriation of funds for Fiscal Year 1996, directed the Department to use the appropriated funds for activities similar to those authorized under the Elementary Mathematics and Science Equipment Program. Intergovernmental Review This program is subject to the requirements of Executive Order 12372 and the regulations in 34 CFR Part 79. The objective of the Executive order is to foster an intergovernmental partnership and a strengthened federalism by relying on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. In accordance with the order, this document is intended to provide early notification of the Department's specific plans and actions for this program. Program Authority: 20 U.S.C. 8001. Dated: June 18, 1996. Sharon P. Robinson, Assistant Secretary for Research and Improvement. Appendix--Empowerment Zones and Enterprise Communities Empowerment Zones (EZ) Georgia: Atlanta Illinois: Chicago Kentucky: Kentucky Highlands* Maryland: Baltimore Michigan: Detroit Mississippi: Mid Delta* New York: Harlem, Bronx Pennsylvania/New Jersey: Philadelphia, Camden Texas: Rio Grande Valley* Supplemental Empowerment Zones (SEZ) California: Los Angeles Ohio: Cleveland Enterprise Communities (EC) Alabama: Birmingham Alabama: Chambers County* Alabama: Greene, Sumter Counties* Arizona: Phoenix Arizona: Arizona Border* Arkansas: East Central* Arkansas: Mississippi County* Arkansas: Pulaski County California: Imperial County* California: Los Angeles, Huntington Park California: San Diego California: San Francisco, Bayview, Hunter's Point California: Watsonville* Colorado: Denver Connecticut: Bridgeport Connecticut: New Haven Delaware: Wilmington District of Columbia: Washington Florida: Jackson County* Florida: Tampa Florida: Miami, Dade County Georgia: Albany Georgia: Central Savannah* Georgia: Crisp, Dooley Counties* Illinois: East St. Louis Illinois: Springfield Indiana: Indianapolis Iowa: Des Moines Kentucky: Louisville Louisiana: Northeast Delta* Louisiana: Macon Ridge* Louisiana: New Orleans Louisiana: Ouachita Parish Massachusetts: Lowell Massachusetts: Springfield Michigan: Five Cap* Michigan: Flint Michigan: Muskegon Minnesota: Minneapolis Minnesota: St. Paul Mississippi: Jackson Mississippi: North Delta* Missouri: East Prairie* Missouri: St. Louis Nebraska: Omaha Nevada: Clarke County, Las Vegas New Hampshire: Manchester New Jersey: Newark New Mexico: Albuquerque New Mexico: Moro, Rico Arriba, Taos Counties* New York: Albany, Schenectady, Troy New York: Buffalo New York: Newburgh, Kingston New York: Rochester North Carolina: Charlotte North Carolina: Halifax, Edgecombe, Wilson Counties* North Carolina: Robeson County* Ohio: Akron Ohio: Columbus Ohio: Greater Portsmouth* Oklahoma: Choctaw, McCurtain Counties* Oklahoma: Oklahoma City Oregon: Josephine* Oregon: Portland Pennsylvania: Harrisburg Pennsylvania: Lock Haven* Pennsylvania: Pittsburg Rhode Island: Providence South Carolina: Charleston South Carolina: Williamsburg County* South Dakota: Beadle, Spink Counties* Tennessee: Fayette, Haywood Counties* Tennessee: Memphis Tennessee: Nashville Tennessee/Kentucky: Scott, McCreary Counties* Texas: Dallas Texas: El Paso Texas: San Antonio Texas: Waco Utah: Ogden Vermont: Burlington Virginia: Accomack* Virginia: Norfolk Washington: Lower Yakima* Washington: Seattle Washington: Tacoma West Virginia: West Central* West Virginia: Huntington West Virginia: McDowell* Wisconsin: Milwaukee * denotes rural designee. Enhanced Enterprise Communities (EEC) California: Oakland Massachusetts: Boston Missouri/Kansas: Kansas City, Kansas City Texas: Houston [FR Doc. 96-15902 Filed 6-20-96; 8:45 am] BILLING CODE 4000-01-P