[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79581-79587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF EDUCATION
Office of English Language Acquisition
[CFDA No.: 84.365C]
Native American and Alaska Native Children in School Program;
Notice inviting applications for New Awards for Fiscal Year (FY) 2003
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 a grant under this program.
Purpose of Program: The purpose of the program is to provide grants
that support language instruction educational programs for limited
English proficient children from Native American, Alaska Native, Native
Hawaiian and Native American Pacific Islander backgrounds. Projects
that are designed for children who are learning and studying Native
American languages shall have, as a project outcome, increases in
English proficiency and a second language.
Eligible Applicants: The following entities, which operate
elementary, secondary, and postsecondary schools primarily for Native
American children (including Alaska Native children), are eligible
applicants under this program: Indian tribes; tribally sanctioned
educational authorities; Native Hawaiian or Native American Pacific
Islander native language educational organizations; elementary schools
or secondary schools that are operated or funded by the Bureau of
Indian Affairs (BIA), or a consortium of such schools; elementary
schools or secondary schools operated under a contract with or grant
from the BIA in consortium with another such school or a tribal or
community organization; and elementary schools or secondary schools
operated by the BIA and an institution of higher education, in
consortium with elementary schools or secondary schools operated under
a contract with or a grant from the BIA or a tribal or community
organization.
Note. Any eligible entity that receives Federal financial
assistance under this program is not eligible to receive a subgrant
under section 3114 of Title III of the Elementary and Secondary
Education Act of 1965 (ESEA), as amended by the No Child Left Behind
Act of 2001 (Pub. L. 107-110).
(Eligible applicants seeking to apply for funds as a consortium should
read and follow the regulations in 34 CFR 75.127-75.129, which apply to
group applications.)
Deadline for Transmittal of Applications: February 14, 2003.
Deadline for Intergovernmental Review: March 14, 2003.
Estimated Available Funds: $4.1 million.
Estimated Range of Awards: $175,000-$300,000.
Estimated Average Size of Awards: $200,000.
Estimated Number of Awards: 20.
Note: The Department is not bound by any estimates in this notice.
Project Period: 48 months.
Mandatory Page Limit for the Application Narrative: The narrative
is the section of the application where you address the selection
criteria used by reviewers in evaluating your application. You must
limit the narrative to the equivalent of no more than 35 pages, using
the following standards:
(1) A page is 8.5' x 11', on one side only with 1' margins at the
top, bottom, and both sides.
(2) Double space (no more than three lines per vertical inch) all
text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12-point or larger or no smaller than 10
pitch (characters per inch).
The page limit does not apply to the Application for Federal
Education Assistance Form (ED 424); the Budget Information Form (ED
524) and attached itemization of costs; the other application forms and
attachments to those forms; the assurances and certifications; the text
of the selection criteria; or the one-page abstract and table of
contents described below. The page limit applies only to item 14 in the
Checklist for Applicants provided below.
We will reject your application if--you apply these standards and
exceed the page limit; or you apply other standards and exceed the
equivalent of the page limit.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79 (Part
79, does not apply to assistance to Federally recognized Indian
tribes), 80, 81, 82, 85, 86, 97, 98, and 99.
Description of Program: The statutory authority for this program,
and the application requirements that apply to this competition, are
set out in Subpart 1 of Part A of Title III of the Elementary and
Secondary Education Act as amended by the No Child Left Behind Act of
2001 (Pub. L. 107-110).
Grants awarded under this program are to be used to develop high
levels of academic attainment in English among limited English
proficient children, and to promote parental and community
participation in language instruction educational programs. Grants are
intended for language instruction educational projects that are
carefully designed, well-implemented and rigorously evaluated.
Projects may include teacher training, curriculum development, and
evaluation and assessment to support the core program of student
instruction and parental/community participation. Student instruction
may comprise preschool, elementary, secondary, and postsecondary
levels, or combinations of these.
Selection Criteria: We use the following selection criteria in 34
CFR 75.210 and sections 3115 and 3128 of the Act to evaluate
applications for new grants under this competition:
The maximum score for all of these criteria is 100 points.
The maximum score for each criterion is indicated in parentheses.
(a) Project activities. (22 points) The Secretary reviews each
application to determine how well the applicant proposes to carry out
activities that will:
(i) Increase the English proficiency of limited English proficient
children by providing high-quality language instruction educational
programs that are based on scientifically based
[[Page 79582]]
research demonstrating the effectiveness of the programs in increasing
English proficiency and student academic achievement in the core
academic subjects; and
(ii) At the applicant's option, provide instructional programs
designed for children who are learning and studying Native American
languages shall have, as a project outcome, increases in English
proficiency and a second language.
(iii) Provide high-quality professional development to classroom
teachers (including teachers in classroom settings that are not the
settings of language instruction educational programs), principals,
administrators, and other school or community-based organizational
personnel, that is--
(A) Designed to improve the instruction and assessment of limited
English proficient children;
(B) Designed to enhance the ability of such teachers to understand
and use curricula, assessment measures, and instruction strategies for
limited English proficient children;
(C) Based on scientifically based research demonstrating the
effectiveness of the professional development in increasing children's
English proficiency or substantially increasing the subject matter
knowledge, teaching knowledge, and teaching skills of such teachers;
and
(D) Of sufficient intensity and duration to have a positive and
lasting impact on the teachers' performance in the classroom (excluding
activities such as one-day or short-term workshops and conferences
unless the activity is a component of an established comprehensive
professional development program for an individual teacher).
(iv) At the applicant's option, provide instruction, teacher
training, curriculum development, evaluation, and assessment designed
for Native American children learning and studying Native American
languages.
(b) Need for project. (4 points)
(1) The Secretary considers the need for the proposed project.
(2) In determining the need for the proposed project, the Secretary
considers the extent to which specific gaps or weaknesses in services,
infrastructure, or opportunities have been identified and will be
addressed by the proposed project, including the nature and magnitude
of those gaps or weaknesses.
(c) Quality of the project design. (20 points) (1) The Secretary
considers the quality of the design of the proposed project.
(2) In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(i) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable.
(ii) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs.
(iii) The extent to which the design of the proposed project
includes a thorough, high-quality review of the relevant literature, a
high-quality plan for project implementation, and the use of
appropriate methodological tools to ensure successful achievement of
project objectives.
(iv) 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.
(v) The extent to which the proposed project is part of a
comprehensive effort to improve teaching and learning and support
rigorous academic standards for students.
(vi) The extent to which the proposed project encourages parental
involvement.
(d) Quality of project personnel. (6 points) (1) The Secretary
considers the quality of the personnel who will carry out the proposed
project.
(2) 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.
(3) In addition, the Secretary considers the following factors:
(i) The qualifications, including relevant training and experience,
of key project personnel.
(ii) The qualifications, including relevant training and
experience, of project consultants or subcontractors.
(e) Adequacy of resources. (6 points) (1) The Secretary considers
the adequacy of resources for the proposed project.
(2) In determining the adequacy of resources for the proposed
project, the Secretary considers the following factors:
(i) The extent to which the costs are reasonable in relation to the
objectives, design, and potential significance of the proposed project.
(f) Quality of the management plan. (20 points) (1) The Secretary
considers the quality of the management plan for the proposed project.
(2) In determining the quality of the management plan for the
proposed project, the Secretary considers the following factors:
(i) 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.
(ii) The adequacy of procedures for ensuring feedback and
continuous improvement in the operation of the proposed project.
(iii) 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.
(g) Quality of the project evaluation. (22 points)
(1) The Secretary considers the quality of the evaluation to be
conducted of the proposed project. s
(2) In determining the quality of the evaluation, the Secretary
considers of the following factors:
(i) The extent to which the methods of evaluation are thorough,
feasible, and appropriate to the goals, objectives, and outcomes of the
proposed project.
(ii) The extent to which the methods of evaluation provide for
examining the effectiveness of project implementation strategies.
(iii) 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.
(iv) The extent to which the methods of evaluation will provide
performance feedback and permit periodic assessment of progress toward
achieving intended outcomes.
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. Note that in Part 79, Intergovernmental
Review does not apply to assistance to federally recognized Indian
tribes.
One of the objectives of the Executive order is to foster an inter-
governmental partnership and a strengthened federalism. The Executive
order relies on processes developed by State and local governments for
coordination and
[[Page 79583]]
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 official latest SPOC
list on the Web site of the Office of Management and Budget at the
following address: http://www.whitehouse.gov/omb/grants/spoc.html.
In States that have not established a process or chosen a program
or review, State, area-wide, 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, area-wide, regional, and local
entitles must be mailed or hand-delivered by the date indicated in this
application notice to the following address: The Secretary, E.O.
12372--CFDA 84.365C, U.S. Department of Education, room
7E200, 400 Maryland Avenue, SW., 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, D.C. time) on the date indicated
in this notice.
Please note that the above address is not the same address as the
one to which the applicant submits its completed application. Do not
send applications to the above address.
Application Instructions and Forms
The appendix to this notice contains forms and instructions, a
statement regarding estimated public reporting burden, a notice to
applicants regarding compliance with section 427 of the General
Education Provisions Act, various assurances and certifications. Please
organize the parts and additional materials in the following order:
a. Instructions for Application Narrative.
b. Additional Guidance.
c. Estimated Public Reporting Burden.
d. Notice to All Applicants GEPA-427 Requirements (OMB No. 1801-
0004).
e. Checklist for Applicants.
f. Application for Federal Education Assistance (ED 424) and
instructions.
g. Budget Information--Non-Construction Programs (ED 524) and
instructions.
h. Group Application Certification.
i. Student Data.
j. Project Documentation.
k. Assurances--Non-Construction Programs (SF 424B) and
instructions.
l. Certifications Regarding Lobbying; Debarment, Suspension and
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED
80-0013) and instructions.
m. Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion: Lower Tier Covered Transactions (ED 80-0014) and
instructions.
Note: ED 80-0014 is intended for the use of grantees and should
not be transmitted to the Department.
n. Disclosure of Lobbying Activities (SF LLL) (if applicable) and
instructions.
You may submit information on a photocopy of the application and
budget forms, the assurances, and the certifications. However, the
application form, the assurances, and the certifications must each have
an original signature. We will not award grants unless we have received
a completed application form.
All applicants must submit ONE original signed application,
including ink signatures on all forms and assurances, and TWO copies of
the application. Please mark each application as ``original'' or
``copy''. No grant may be awarded unless a completed application has
been received.
Individuals who use a telecommunications device for the deaf (TDD)
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 program contact person listed under FOR
FURTHER INFORMATION CONTACT. However, the Department is not able to
reproduce in an alternative format the standard forms included in this
application 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 this site. If you have questions about using PDF, call the U.S.
Government Printing Office toll free at 1-800-293-6498; 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 the GPO Access at: http://www.access.gpo.gov/nara/index.html
.
FOR FURTHER INFORMATION CONTACT: Samuel Lopez, Office of English
Language Acquisition, U.S. Department of Education,400 Maryland Avenue,
SW. Room MES 5605, Washington, DC 20202-6400. Telephone: 202-401-1427,
or via the Internet: samuel.lopez@ed.gov.
If you use telecommunications device fro the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Instructions for Transmittal of Applications
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 two copies of the application on or before the deadline
date. Mail your application to: U.S. Department of Education,
Application Control Center, Attention: CFDA 84.365C, 7th & D
Street, SW, Room 3671, Regional Office Building 3, 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:
(1) A private metered postmark.
(2) A mail receipt that is not dated by the U.S. Postal Service.
Note: Due to recent disruptions to normal mail delivery, the
Department encourages you to consider using an alternative delivery
method (for example, a commercial carrier, such as Federal express
or United Parcel Service; U.S. Postal Service Express Mail; or a
courier service) to transmit your application for this competition.
If you use an alternative delivery method, please obtain the
appropriate proof of mailing under this section (a) ``If You Send
Your Application by Mail,'' then follow the instructions in section
(b) ``If you Deliver Your Application by Hand.''
[[Page 79584]]
(b) If You Submit Your Application Electronically:
Application Procedures
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
In Fiscal Year 2003, the U.S. Department of Education is continuing
to expand its pilot project for electronic submission of applications
to include additional formula grant programs and additional
discretionary grant competitions. The Native American and Alaska Native
Children in School Program--CFDA 84.365C is one of the
programs included in the pilot project. If you are an applicant under
the Native American and Alaska Native Children in School 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) portion of the Grant Administration
and Payment System (GAPS). Users of e-Application will be entering data
on-line while completing their applications. You may not e-mail 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 be saved into a database. We request your
participation in e-Application. We shall continue to evaluate its
success and solicit suggestions for improvement.
If you participate in e-Application, please note the following:
[sbull] Your participation is voluntary.
[sbull] You will not receive any additional point value because you
submit a grant application in electronic format, nor will we penalize
you if you submit an application in paper format. When you enter the e-
Application system, you will find information about its hours of
operation.
[sbull] You may submit all documents electronically, including the
Application for Federal Assistance (ED 424), Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and
certifications.
[sbull] After you electronically submit your application, you will
receive an automatic acknowledgement, which will include a PR/Award
number (an identifying number unique to your application).
[sbull] Within three working days after submitting your electronic
application, fax a signed copy of the Application for Federal
Assistance (ED 424) to the Application Control Center after following
these steps:
1. Print ED 424 from the e-Application system.
2. The institution's Authorizing Representative must sign this
form.
3. Place the PR/Award number in the upper right hand corner of the
hard copy signature page of the ED 424.
4. Fax the signed ED 424 to the Application Control Center at (202)
260-1349.
[sbull] We may request that you give us original signatures on all
other forms at a later date.
[sbull] Closing Date Extension in Case of System Unavailability: If
you elect to participate in the e-Application pilot for the Native
American and Alaska Native Children in School Program and you are
prevented from submitting your application on the closing date because
the e-Application system is unavailable, we will grant you an extension
of one business day in order to transmit your application
electronically, by mail, or by hand delivery. For us to grant this
extension --
(1) You must be a registered user of e-Application, and have
initiated an e-Application for this competition; and
(2)(a) The e-Application system must be unavailable for 60 minutes
or more between the hours of 8:30 and 3:30 p.m., Washington, DC time,
on the deadline date, or
(b) The e-Application system must be unavailable for any period of
time during the last hour of operation (that is, for any period of time
between 3:30 and 4:30 p.m., Washington, DC time) on the deadline date.
The Department must acknowledge and confirm these periods of
unavailability before granting you an extension.
To request this extension you must contact either (1) the person
listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT
or (2) the e-GRANTS help desk at 1-888-336-8930.
You may access the electronic grant application for the Native
American and Alaska Native Children in School 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) in the application package.
Note: Applicants who choose to submit an electronic application,
must mail a paper copy of the Application for Federal Education
Assistance Form (ED 424) and the Group Application Certification
form 1885-0551, with original signatures, to the address that
appears under section Checklist for Applicants.
(c) If You Deliver Your Application by Hand
You or your courier must hand deliver the original and two copies
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 84.365C, Room 3671, Regional Office
Building 3, 7th and D Streets, SW., Washington, DC. 20202-4725.
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.
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) If your application is late, we will notify you that we will
not consider the application.
(4) You must indicate on the envelope and--if not provided by the
Department--in Item 4 of the Application for Federal Education
Assistance (ED Form 424; (exp. 11-30-2004)) the CFDA number--and suffix
letter 84.365C of the, if any--of the competition under which
you are submitting your application.
Program Authority: 20 U.S.C. 6821(c), 6822.
[[Page 79585]]
Dated: December 23, 2002.
Maria Hernandez Ferrier,
Director, Office of English Language Acquisition, Language Enhancement,
and Academic Achievement for Limited English Proficient Students.
Estimated 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. 1885-0551 (Expiration Date: 10/31/
05).
The time required to complete this information collection is
estimated to average 80 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
English Language Acquisition, Language Enhancement, and Academic
Achievement for Limited English Proficient Students, U.S. Department of
Education, 400 Maryland Avenue, SW., Room (5605), Switzer Building,
Washington, DC 20202-6510.
Instructions for Application Narrative
Before preparing the Application Narrative you should read
carefully the description of the program and the selection criteria we
use to evaluate applications. The narrative should--
Begin with a 1 page single-spaced abstract that is, a summary of
your proposed project that includes; a short description of the project
design, project objectives, activities the project proposes to address,
the name of the institutions with which you have entered into consortia
arrangements, if applicable; information that is helpful in determining
the status as an eligible entity as listed under Title III, Part A,
Subpart 1, Section 3112(a), Native American and Alaska Native Children
in School Program of the No Child Left Behind Act. Eligibility status
information may include a memorandum of agreement or proof of tribally
sanctioned status obtained from a duly authorized educational
organization or authority serving Native American students, (such
attachment would not be counted against the page limit).
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. Do not
include resumes or curriculum vitae for project personnel; provide
position descriptions instead. Do not include bibliographies, letters
of support, or appendices in your application.
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.
Be sure that the table includes the page numbers where the parts of the
narrative are found.
Budget
Requested budget level for years 2-4 should not exceed the
requested budget level for year 1. Budget line items must support the
goals and objectives of the proposed project and must be directly
related to the instructional design and all other project components. A
separate budget summary and cost itemization must be provided.
Final Application Preparation
Use the Checklist for Applicants to verify that your application is
complete. Submit three copies of the application, including an original
copy containing an original signature for each form requiring the
signature of the authorized representative. Do not use elaborate
bindings or covers. The application package must be mailed or hand-
delivered to the Application Control Center (ACC) and postmarked by the
deadline date.
Checklist for Applicants
The following forms and other items must be included in the
application in the order listed below:
1. Application for Federal Education Assistance Form (ED 424).
2. Group Application Certification Form (if applicable).
Note: Applicants who choose to submit an electronic application,
must mail a paper copy of the Application for Federal Education
Assistance Form (ED 424) and the Group Application Certification
form 1885-0551, with original signatures, to: U.S. Department of
Education, Application Control Center, Attention: CFDA
84.365C, 7th & D Street, SW., Room 3671, Regional Office Building 3,
Washington, DC 20202-4725.
3. Budget Information Form (ED 524).
4. Itemization of costs for each budget year.
5. Student Data Form.
6. Assurances--Non-Construction Programs Form (SF 424B).
7. Certifications Regarding Lobbying; Debarment, Suspension and
Other Responsibility Matters; and Drug-Free Workplace Requirements Form
(ED 80-0013).
8. Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 80-0014)
(if applicable).
9. Disclosure of Lobbying Activities Form (SF LLL).
10. Information that addresses section 427 of the General Education
Provisions Act. (See the form below entitled Notice to All Applicants.)
11. One-page abstract.
12. Table of Contents.
13. Application narrative, not to exceed 35 pages.
14. One original and two copies of the application for transmittal
to the Education Department's Application Control Center.
Non-Regulatory Guidance
Purpose of the Program
Q: What is the purpose of the English Language Acquisition,
Language Enhancement, and Academic Achievement Act for Limited English
Proficient Students of Title III of the Elementary and Secondary
Education Act as amended by the No Child Left Behind Act of 2001?
A: The purpose of Title III is to ensure that limited English
proficient (LEP) students develop English proficiency and meet the same
academic content and academic achievement standards that other children
are expected to meet. Schools use these funds to implement language
instruction programs designed to achieve the purpose of the grants. The
Office of English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient Students (OELA)
will hold grantees accountable for increasing the English proficiency
and core academic content knowledge of LEP students.
Q: May projects funded under this program support the teaching and
studying of Native American Languages?
A: Projects funded under this program may support the teaching and
studying of Native American Languages, but must have, as a project
outcome, increase in proficiency in English.
Q: What instructional programs are grantees required to provide?
A: Grantees under this program are required to provide high quality
language instruction educational programs that are based on
scientifically based research demonstrating effectiveness in increasing
English
[[Page 79586]]
proficiency and student academic achievement in the core academic
subjects. A grantee must select one or more methods of instruction to
be used in the programs and activities and provide evidence that the
programs chosen are based on scientific research in teaching LEP
students.
Q: Does a grantee have flexibility in selecting the method of
instruction to be used to assist LEP students to attain English
proficiency and academic achievement?
A: A grantee may select one or more methods of instruction to be
used in assisting LEP students to attain English proficiency and
student academic achievement. However, the language instruction
curriculum used must be tied to scientifically based research on
teaching LEP students and must have demonstrated effectiveness.
Q: Are students who participate in the Native American and Alaska
Native Children in School Program required to meet State academic
content and student academic achievement standards?
A: Students who are enrolled in schools that are subject to meet
State academic content and student academic achievement standards, are
expected to meet those standards. Students in schools that are subject
to standards other than State standards are expected to meet the same
standards as all children in their school are expected to meet.
Q: Are public schools, which serve Native American children
eligible to apply under the Native American and Alaska Native Children
in School Program?
A: Public elementary or secondary schools operated predominantly
for Native American children are eligible to apply under the Native
American and Alaska Native Children in School Program if the school is
tribally sanctioned or is operated under a contract from the Bureau of
Indian Affairs, or has secured a grant or funds from the Bureau of
Indian Affairs, such as a grant under the Johnson O'Malley Act.
Role of Parents
Q: How is the role of parents of LEP students addressed in the
Title III legislation?
A: Each grantee using funds provided under this title to provide a
language instruction educational program must implement an effective
means of outreach to parents of limited English proficient children to
inform such parents of how they can be involved in the education of
their children, and be active participants in assisting their children
to learn English, to achieve at high levels in core academic subjects,
and to meet the same challenging State academic content and student
academic achievement standards as all children are expected to meet.
Q: What is the length of time that a grantee has to inform parents
that their child has been identified for participation in a language
instruction educational program for limited English proficient (LEP)
students?
A: Grantees shall inform parent(s) that their child has been
identified for participation in a language instruction educational
program for LEPs not later than 30 days after the beginning of the
school year. For a child who enters school after the beginning of the
school year, grantees shall inform parent(s) within 2 weeks of the
child's placement in such a program.
Q: What kind of information must a grantee provide parents
regarding their child's participation in a language instruction
educational program for LEPs?
A: Grantees shall provide parents (1) the reasons for identifying
their child as being limited English proficient and the need to place
him/her in a language instruction educational program for LEPs; (2) the
child's level of English proficiency, including how the level was
assessed and the status of the child's academic achievement; (3) the
method of instruction that will be used in the program, including a
description of other alternative programs; (4) how the program will
meet the educational strengths and needs of the child; (5) how the
program will help the child learn English and meet academic achievement
standards; (6) the program exit requirements, including the expected
rate of transition and the expected rate of graduation from secondary
school; (7) how a program will meet the objectives of an individualized
education program for a child with a disability; and (8) information
pertaining to parental rights as prescribed by law.
Q: Does the parent have the right to refuse placement of their
child in a language instruction educational program?
A: The grantee must provide parents with the required information
under Section 3302 of ESEA Title III (parental notification). Parents
have a right to have their child removed from such a program. The
parents also have the right to choose another program or method of
instruction, if available.
Professional Development
Q: What professional development activities are grantees encouraged
to provide for teachers, administrators and others involved in language
instruction educational programs?
A: Grantees are encouraged to provide high-quality professional
development to classroom teachers (including teachers in classroom
settings that are not the setting of language instruction educational
programs), principals, administrators, and other school- or community-
based organizational personnel that is:
[sbull] Designed to improve the instruction and assessment of LEP
students;
[sbull] Designed to enhance the ability of such teachers to
understand and use curricula, assessment measures, and instruction
strategies for LEP children;
[sbull] Based on scientifically based research demonstrating the
effectiveness of the professional development in increasing children's
English proficiency, or substantially increasing the subject matter
knowledge, teaching knowledge, and teaching skills of teachers; and
[sbull] Of sufficient intensity and duration to have a positive and
lasting impact on the teachers' performance in the classroom (excluding
activities such as one-day or short-term workshops and conferences
unless the activity is a component of an established comprehensive
professional development program for an individual teacher).
Local Reporting Requirements
Q: What are the reporting requirements for grantees that receive a
Title III, Native American and Alaskan Native Children in School grant?
A: Grantees under the Native American and Alaska Native Children in
School Program must provide to the Secretary an annual performance
report for continuation award purposes, and a final performance report
(34 CFR 80.40(a)(1)-(4), (d), and (e) and 34 CFR 80.41). These reports
must contain information regarding each objective. If possible
quantified results should be reported depending on the content of the
objective. An explanation is needed when an objective target for that
performance year is not met. Disclosure must include a statement of the
action to be taken or contemplated and any assistance needed to resolve
the situation. Budgetary information in the form of a line item budget
and budget narrative must also accompany the report (34 CFR
80.40(b)(2)(iii)).
Definitions
Q: How do you define ``language instruction educational program?''
A: ``Language instruction educational program'' means an
instruction course
[[Page 79587]]
in which LEP students are placed for the purpose of developing and
attaining English proficiency, while meeting challenging State academic
content and student academic achievement standards. A language
instruction educational program may make use of both English and a
child's native language to enable the child to develop and attain
English proficiency. Programs may include the participation of English
proficient children in addition to LEP students if such a program
enables participating students to become proficient in English and a
second language.
Q: What is the definition of ``Native American'' and ``Native
American Language?''
A: The terms ``Native American'' and ``Native American Language''
are defined, under Section 3301(9) of ESEA to have the same meaning as
those terms have under Section 103 of the Native American Languages
Act. Under that Act, these terms are defined as follows. ``Native
American'' means an Indian, Native Hawaiian, or Native American Pacific
Islander. ``Native American language'' means the historical,
traditional language spoken by Native Americans.
Q: What does the term ``Indian tribe'' mean?
A: ``Indian tribe'' means any Indian tribe, band, nation, or other
organized group or community, including any Native village or Regional
Corporation or Village Corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act, that is recognized
as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians. (ESEA
Section 3301 (7)).
Q: What is a ``Native Hawaiian or Native American Pacific Islander
Educational Organization?''
A: ``Native Hawaiian or Native American Pacific Islander native
language educational organization'' means a nonprofit organization
with--
(A) a majority of its governing board and employees consisting of
fluent speakers of the traditional Native American languages used in
the organization's educational programs; and
(B) not less than 5 years successful experience in providing
educational services in traditional Native American languages. (ESEA
Section 3301 (10)).
Q: What is a tribally sanctioned education authority?
A: The term ``tribally sanctioned educational authority'' means--
(A) Any department or division of education operating within the
administrative structure of the duly constituted governing body of an
Indian tribe; and
(B) Any nonprofit institution or organization that is--(i)
chartered by the governing body of an Indian tribe to operate a school
described in section 3112(a) or otherwise to oversee the delivery of
educational services to members of the tribe; and (ii) approved by the
Secretary for the purpose of carrying out programs under subpart 1 of
part A for individuals served by a school described in section 3112(a).
(ESEA Section 3301 (15)).
[FR Doc. 02-32841 Filed 12-27-02; 8:45 am]
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