FR Doc E6-13795
[Federal Register: August 22, 2006 (Volume 71, Number 162)]
[Proposed Rules]
[Page 48866-48868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au06-13]
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DEPARTMENT OF EDUCATION
34 CFR Part 280
Magnet Schools Assistance Program
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes to amend the regulations governing the
Magnet Schools Assistance Program (MSAP) in 34 CFR part 280. These
proposed amendments would allow the MSAP to use an approach similar to
that in 34 CFR 75.200 for establishing selection criteria in grant
competitions. Under this approach the MSAP would have the flexibility
to use selection criteria from its program regulations, from the menu
of general selection criteria in the Education Department General
Administrative Regulations (EDGAR) in 34 CFR 75.210, based on statutory
provisions in accordance with 34 CFR 75.209, or from any combination of
these.
DATES: We must receive your comments on or before September 21, 2006.
ADDRESSES: Address all comments about these proposed regulations to
Steven L. Brockhouse, U.S. Department of Education, 400 Maryland
Avenue, SW., room 4W229, Washington, DC 20202-5970. If you prefer to
send your comments through the Internet, you may address them to us at
the U.S. Government Web site: http://www.regulations.gov.
Or you may send your Internet comments to us at the following
address: steve.brockhouse@ed.gov.
You must include the term ``MSAP NPRM'' in the subject line of your
electronic message.
FOR FURTHER INFORMATION CONTACT: Steven L. Brockhouse. Telephone: (202)
260-2476 or via Internet: steve.brockhouse@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding these proposed
regulations. To ensure that your comments have maximum effect in
developing the final regulations, we urge you to identify clearly the
specific section or sections of the proposed regulations that each of
your comments addresses and to arrange your comments in the same order
as the proposed regulations.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
regulations. Please let us know of any further opportunities we should
take to reduce potential costs or increase potential benefits while
preserving the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about these proposed regulations in room 4W229, 400 Maryland
Avenue, SW., Washington, DC, between the hours of 8:30 a.m. and 4:00
p.m., Eastern time, Monday through Friday of each week except Federal
holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid to an individual with
a disability who needs assistance to review the comments or other
documents in the public rulemaking record for these proposed
regulations. If you want to schedule an appointment for this type of
aid, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
Background
On March 6, 1997, the Secretary published final regulations (62 FR
10398) amending the provisions of EDGAR governing discretionary grant
programs administered directly by us. These amendments established an
approach by which the Secretary could use different types of selection
criteria when evaluating a grant application. Specifically, Sec.
75.200 was amended to permit the Secretary to use selection criteria
based on statutory provisions in accordance with 34 CFR 75.209,
selection criteria in program-specific regulations, selection criteria
established under 34 CFR 75.210, or any combination of these. Section
75.210 provides a menu of selection criteria. For a competition, the
Secretary selects from the menu one or more criteria that best enable
us to identify the highest-quality applications consistent with the
program purpose, statutory requirements, and any priorities
established. Within each criterion, the Secretary may further define
the criterion by selecting one or more specific factors.
At the time that these final regulations were published, we also
amended, through notice and comment rulemaking, the regulations for a
number of Department programs that contained program-specific selection
criteria, so that these programs could use the criteria in 34 CFR
75.210, criteria based on statutory provisions, or the criteria in
their program regulations for grant competitions. The MSAP regulations
were not amended at that time.
This notice of proposed rulemaking would conform the MSAP
regulations to those of the majority of other discretionary grant
programs in the Department. We believe that by expanding the range of
selection criteria that could be used in a specific grant competition,
we will be able to administer the MSAP more effectively to best meet
the program's statutory purposes and requirements and to better ensure
that MSAP projects are effectively integrated with State and local
reform activities.
We intend that the MSAP will use the selection criteria in 34 CFR
75.210 in conjunction with criteria based on the statute and in the
program-specific
[[Page 48867]]
regulations, not instead of them. In selecting a set of criteria and
factors for a particular competition from among the selection criteria
in the MSAP regulations and 34 CFR 75.210, or in establishing selection
criteria based on statutory provisions governing the MSAP as described
in 34 CFR 75.209, the Secretary would not solicit formal public comment
but could draw on input from grantees and program beneficiaries;
feedback from previous peer reviewers and program evaluators;
discussions among Department employees, grantees, and program
beneficiaries; and meetings, conferences, visits to grantees, and other
forms of outreach and exchange with the relevant communities. We
believe applicants would find that criteria selected in this manner for
specific competitions would provide them with adequate guidance about
review standards, and also with flexibility to design and propose the
projects that they believe best serve their needs.
The Secretary is particularly interested in comments from potential
grant applicants and intended program beneficiaries on this proposed
approach. Do applicants or program beneficiaries support this approach?
Are there any costs associated with shifting from using selection
criteria tailored to individual programs to using a flexible menu of
general selection criteria? If yes, what are those costs and does the
benefit of the added flexibility of the proposed approach justify the
costs? Would these proposed amendments have other effects?
Significant Proposed Regulations
We discuss substantive issues under the sections of the proposed
regulations to which they pertain. Generally, we do not address
proposed regulatory provisions that are technical or otherwise minor in
effect.
Section 280.30 How does the Secretary Evaluate an Application?
Current Regulations: The current regulatory provisions in Sec.
280.30 describe the way in which applications are evaluated by using
the selection criteria in Sec. 280.31 and the priorities described in
Sec. 280.32.
Proposed Regulations: Proposed Sec. 280.30 would give the
Secretary the flexibility to use selection criteria from Sec. 280.31,
from the approved menu of general selection criteria in 34 CFR 75.210
or from selection criteria based on statutory provisions governing the
MSAP, established in accordance with 34 CFR 75.209. The Secretary also
could use any combination of selection criteria from these sources. We
would announce the selection criteria and the weighting factor for each
criterion in the Federal Register notice announcing a grant competition
for the MSAP.
Reasons: The Secretary believes that this change is necessary in
order to provide the MSAP the same flexibility that is afforded many of
the Department's discretionary grant programs in tailoring the
selection criteria to be used to evaluate applications in a manner that
helps to achieve results consistent with a program's statutory purpose.
Additionally, this approach enables us to take into consideration
current program needs, new research findings that relate to magnet
schools, or other appropriate information in order to facilitate the
selection of applications that show the greatest promise of effectively
meeting the statutory purposes of the MSAP. Without this change, the
MSAP would be limited to using only the selection criteria and factors
in current Sec. 280.31, whether or not their use continues to work
well in the selection of new projects that are likely to be effective
in achieving results.
An alternative approach would have been to propose specific changes
to the selection criteria for the MSAP in Sec. 280.31. We consider
this approach less desirable because it would require new rulemaking
every time that a change is made in the selection criteria, however
modest that change might be. Such an approach would, of necessity, be
time consuming and as a practical matter would restrict rather than
enhance flexibility in considering input from sources such as school
districts that are implementing magnet school programs, researchers,
evaluators, policymakers, and others.
Section 280.31 What Selection Criteria does the Secretary Use?
Current Regulations: The current regulations assign specific,
mandatory point values to the selection criteria.
Proposed Regulations: The proposed regulations would remove these
mandatory point values from the selection criteria.
Reasons: Removing the mandatory point values provides the Secretary
flexibility to select specific point values from year to year to
address program requirements and is consistent with the Department's
approach for other discretionary grant programs that use selection
criteria from 34 CFR 75.210 and selection criteria based on the
statute, as set forth in 34 CFR 75.209, as well as selection criteria
from program regulations.
Executive Order 12866
1. Potential Costs and Benefits
Under Executive Order 12866, we have assessed the potential costs
and benefits of this regulatory action.
The potential costs associated with the proposed regulations are
those resulting from statutory requirements and those we have
determined to be necessary for administering this program effectively
and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this regulatory action, we have determined that the
benefits would justify the costs.
We have also determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Summary of Potential Costs and Benefits
These proposed regulations affect only local educational agencies
(LEAs) that are applying for assistance under the MSAP. The proposed
regulations create flexibility for us to use selection criteria other
than those in Sec. 280.31 for a MSAP grant competition. We believe
that any criterion from 34 CFR 75.209 or 34 CFR 75.210 that would be
used in a future grant competition would not impose a financial burden
that LEAs would not otherwise incur in the development and submission
of a grant application under the MSAP and, under some circumstances,
could reduce the financial burden of preparing a MSAP grant application
by a modest amount if, for example, the use of this flexibility
resulted in fewer criteria or factors to be addressed in a grant
application.
2. Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum on ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections? (A ``section'' is
preceded by the symbol
[[Page 48868]]
``Sec. '' and a numbered heading; for example, Sec. 280.30 How does
the Secretary evaluate an application?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Department could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities.
Small entities affected by these proposed regulations are small
LEAs applying for Federal funds under this program. The changes will
not have a significant economic impact on these LEAs in terms of the
cost of applying for a MSAP grant.
Paperwork Reduction Act of 1995
These proposed regulations do not contain any information
collection requirements.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
You may also view this document in text or PDF at the following
site: http://www.ed.gov/programs/magnet/applicant.html.
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.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number 84.165A Magnet
Schools Assistance Program.)
List of Subjects in 34 CFR Part 280
Civil rights, Desegregation, Education, Elementary and secondary
education, Grant programs-education, Magnet schools, Reporting and
recordkeeping requirements.
Dated: August 16, 2006.
Morgan S. Brown,
Assistant Deputy Secretary, for Innovation and Improvement.
For the reasons discussed in the preamble, the Assistant Deputy
Secretary for Innovation and Improvement proposes to amend part 280 of
title 34 of the Code of Federal Regulations as follows:
PART 280--MAGNET SCHOOLS ASSISTANCE PROGRAM
1. The authority citation for part 280 continues to read as
follows:
Authority: 20 U.S.C. 7231-7231j, unless otherwise noted.
2. Section 280.30 is revised to read as follows:
Sec. 280.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application under the procedures in
34 CFR part 75 and this part.
(b) To evaluate an application for a new grant the Secretary may
use--
(1) Selection criteria established under 34 CFR 75.209;
(2) Selection criteria in Sec. 280.31;
(3) Selection criteria established under 34 CFR 75.210; or
(4) Any combination of criteria from paragraphs (b)(1), (b)(2), and
(b)(3) of this section.
(c) The Secretary indicates in the application notice published in
the Federal Register the specific criteria that the Secretary will use
and how points for the selection criteria will be distributed.
(d) The Secretary evaluates an application submitted under this
part on the basis of criteria described in paragraph (c) of this
section and the priority factors in Sec. 280.32.
(e) The Secretary awards up to 100 points for the extent to which
an application meets the criteria described in paragraph (c) of this
section.
(f) The Secretary then awards up to 30 additional points based upon
the priority factors in Sec. 280.32.
(Authority: 20 U.S.C. 7231-7231j)
Sec. 280.31 [Amended]
3. Section 280.31 is amended:
A. In the introductory text, by removing the word ``uses'' and
adding, in its place, the words ``may use''.
B. In paragraph (a) introductory text, by removing the
parenthetical ``(25 points)''.
C. In paragraph (b) introductory text, by removing the
parenthetical ``(10 points)''.
D. In paragraph (c) introductory text, by removing the
parenthetical ``(35 points)''.
E. In paragraph (d) introductory text, by removing the
parenthetical ``(5 points)''.
F. In paragraph (e) introductory text, by removing the
parenthetical ``(15 points)''.
G. In paragraph (f) introductory text, by removing the
parenthetical ``(10 points)''.
[FR Doc. E6-13795 Filed 8-21-06; 8:45 am]
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