[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]
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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.
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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]
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