FR Doc 04-1950
[Federal Register: February 2, 2004 (Volume 69, Number 21)]
[Rules and Regulations]
[Page 4995-4998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe04-6]
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DEPARTMENT OF EDUCATION
34 CFR Part 280
RIN 1855-AA01
Magnet Schools Assistance Program
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the Magnet Schools Assistance Program
(MSAP) regulations to reflect changes made to the Elementary and
Secondary Education Act of 1965 (ESEA), as amended by the No Child Left
Behind Act of 2001 (NCLB).
DATES: These regulations are effective March 3, 2004.
FOR FURTHER INFORMATION CONTACT: Steven L. Brockhouse, U.S. Department
of Education, 400 Maryland Avenue, SW., room 3E122, Washington, DC
20202-6140. 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 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 contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: These regulations implement changes to the
MSAP made by the NCLB (Pub. L. 107-110), enacted January 8, 2002. The
changes align the regulations for the MSAP with the changes made to the
program when the MSAP was reauthorized as part of the NCLB.
To reflect revisions to the MSAP's purposes made by section 5301(b)
of the ESEA, in these final regulations, we make several changes to
Sec. 280.1 regarding the purpose of the MSAP. First, in Sec. 280.1(a),
(b) and (c), we clarify the purpose of the MSAP. We also add two new
paragraphs, Sec. 280.1(e) and (f), regarding the purpose of the MSAP.
These two paragraphs reflect the addition of support for efforts to
improve local educational agencies' (LEAs') capacity to continue magnet
programs at a high performance level after Federal funding ends and for
efforts to ensure that all students enrolled in magnet schools have
equitable access to high quality education.
In accordance with section 5305(b) of the ESEA, we are making
several changes to Sec. 280.20. Specifically, we revise the assurance
in Sec. 280.20(b)(2) regarding teacher qualifications and clarify
requirements in Sec. 280.20(i) concerning student academic achievement.
In Sec. 280.20(b)(2), we change the assurance related to teachers who
would be employed, from State-certified or licensed teachers, to
teachers who are highly qualified in the courses of instruction
assisted under a grant. Section 280.20(i)(4)(i) adds a requirement that
an application must include a description of how student academic
achievement will be improved for all students attending the magnet
schools included in a project.
Based on the language in section 5307(b) of the ESEA that describes
the subject areas and types of skills that may be addressed using MSAP
funds, we are making only one adjustment to the selection criteria in
Sec. 280.31. In the ``Project design'' criterion, we have changed Sec.
280.31(c)(2)(iii) to add ``technological'' and ``professional'' skills
to the existing list of subjects and skills that may be addressed in a
magnet program.
Section 5306 of the ESEA includes only three priorities--addressing
need for assistance, new or revised magnet schools, and selection of
students. We remove from Sec. 280.32 two other priorities--one
addressing innovative approaches and systemic reform (Sec. 280.32(e))
and one addressing collaborative efforts (Sec. 280.32(f)).
Consistent with section 5307(a) and (b) of the ESEA, we are making
several changes to Sec. 280.40. In Sec. 280.40(a), we clarify that
professional development costs are not considered planning costs that
are subject to the restrictions in Sec. 280.41(a). Further, both Sec.
280.40(b) and (c) clarify that funds used for books, materials,
equipment, and teachers must be directly related to improving student
academic achievement based on the State's challenging academic content
standards and student achievement standards. Additionally, we amend
Sec. 280.40 by adding three new paragraphs, Sec. 280.40(f) through (h).
These paragraphs specifically authorize activities to build capacity to
operate the magnet programs after the grant ends, enable magnet schools
to serve students who enrolled in the school but not in the magnet
program at the school, and permit flexibility in designing magnet
schools.
Finally, in accordance with section 5309(b) of the ESEA, we revise
Sec. 280.41 to adjust the amount of funds that may be used for planning
in each year of a project and remove the prohibition against the use of
funds for planning after the third year that had been in Sec.
280.41(d).
Executive Order 12866
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 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 justify the costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
Summary of Potential Costs and Benefits
Because the Secretary has chosen to regulate only to the extent
necessary to reflect changes made to the ESEA, as amended by the NCLB,
LEAs have considerable flexibility in implementing the provisions of
the MSAP. Consequently, the potential costs associated with the
regulations are minimal. Benefits of the regulations include the
addition of new uses of funds that provide LEAs greater latitude in the
design of projects, the removal of restrictions on the amount of funds
that may be used for professional development, greater flexibility in
the use of funds for planning activities, and elimination of obsolete
priorities.
Waiver of Proposed Rulemaking
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 regulations merely
reflect statutory changes to the ESEA and remove obsolete regulatory
provisions. The changes do not establish or affect substantive policy.
Therefore, under 5 U.S.C. 553(b)(B) the Secretary has determined that
proposed regulations are unnecessary and contrary to the public
interest.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations will not have a
significant economic impact on a substantial number of small entities.
The small entities that are affected by these regulations are small
local educational agencies (LEAs) receiving Federal funds under this
program. However, the regulations will not have a significant economic
impact on the small LEAs
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affected because the regulations do not impose excessive regulatory
burdens or require unnecessary Federal supervision. The regulations
impose minimal requirements to ensure the proper expenditure of program
funds.
Paperwork Reduction Act of 1995
The Paperwork Reduction Act of 1995 does not require you to respond
to a collection of information unless it displays a valid OMB control
number. We display the valid OMB control number assigned to the
collection of information in these final regulations at the end of the
affected sections of the regulations.
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.
Assessment of Educational Impact
Based on our own review, we have determined that these regulations
do not require transmission of information that any other agency or
authority of the United States gathers or makes available.
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 PDF at the following site:
http://www.ed.gov/programs/magnet/index.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.)
The Secretary of Education has delegated authority to the Deputy
Under Secretary for Innovation and Improvement to issue these
amendments to 34 CFR chapter II.
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: January 27, 2004.
Nina Shokraii Rees,
Deputy Under Secretary for Innovation and Improvement.
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For the reasons discussed in the preamble, the Secretary amends part
280 of title 34 of the Code of Federal Regulations as follows:
PART 280--MAGNET SCHOOLS ASSISTANCE PROGRAM
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1. The authority citation for part 280 is revised to read as follows:
Authority: 20 U.S.C. 7231-7231j, unless otherwise noted.
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2. Section 280.1 is amended by:
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A. In the introductory text, removing the punctuation ``,:'' and
adding, in its place, the punctuation ``--''.
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B. In paragraph (a), adding the words ``, which shall include assisting
in the efforts of the United States to achieve voluntary desegregation
in public schools'' before the punctuation ``;''.
0
C. Revising paragraphs (b) and (c).
0
D. In paragraph (d), removing the word ``grasp'' and adding, in its
place, the word ``attainment''; adding the words ``, technological, and
professional'' after the word ``vocational''; and removing the period
at the end of the paragraph and adding, in its place, the punctuation
``;''.
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E. Adding new paragraphs (e) and (f).
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F. Revising the authority citation following paragraph (f).
The revisions and additions read as follows:
Sec. 280.1 What is the Magnet Schools Assistance Program?
* * * * *
(b) The development and implementation of magnet school projects
that will assist LEAs in achieving systemic reforms and providing all
students the opportunity to meet challenging State academic content
standards and student academic achievement standards;
(c) The development and design of innovative educational methods
and practices that promote diversity and increase choices in public
elementary schools and public secondary schools and public educational
programs;
* * * * *
(e) Improvement of the capacity of LEAs, including through
professional development, to continue operating magnet schools at a
high performance level after Federal funding for the magnet schools is
terminated; and
(f) Ensuring that all students enrolled in the magnet school
programs have equitable access to high quality education that will
enable the students to succeed academically and continue with
postsecondary education or productive employment.
(Authority: 20 U.S.C. 7231)
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3. Section 280.2 is amended by revising the authority citation
following paragraph (b) to read as follows:
Sec. 280.2 Who is eligible to apply for a grant?
* * * * *
(Authority: 20 U.S.C. 7231c)
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4. Section 280.3 is amended by:
0
A. In paragraph (a), removing the words ``except that Sec. 75.253(c)
(relating to reducing a subsequent year's award by the amount remaining
available from the grantee's current award) does not apply to this
program,''; and by removing the words ``(Uniform Administrative
Requirements for State and Local Governments)'' and adding, in their
place, the words ``(Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments)''.
0
B. Revising the authority citation following paragraph (b) to read as
follows:
Sec. 280.3 What regulations apply to this program?
* * * * *
(Authority: 20 U.S.C. 7231-7231j)
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5. Section 280.4 is amended by:
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A. In paragraph (a), removing the words ``Award'', ``Grant'', and
``Supplies''.
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B. In paragraph (b), revising the definitions of ``Act'' and ``Magnet
school''.
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C. Revising the authority citation following paragraph (b).
The revisions read as follows:
Sec. 280.4 What definitions apply to this program?
* * * * *
(b) * * *
Act means the Elementary and Secondary Education Act of 1965 as
amended by title V, Part C of the No
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Child Left Behind Act of 2001, Pub. L. 107-110 (20 U.S.C. 7231-7231j).
* * * * *
Magnet school means a public elementary school, public secondary
school, public elementary education center, or public secondary
education center that offers a special curriculum capable of attracting
substantial numbers of students of different racial backgrounds.
* * * * *
(Authority: 20 U.S.C. 7231-7231j)
0
6. Section 280.20 is amended by:
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A. In paragraph (b)(1), removing the figure ``5102'' and adding, in its
place, the figure ``5301(b)''.
0
B. In paragraph (b)(2), adding the words ``highly qualified'' after the
word ``employ'' and removing the words ``who are certified or licensed
by the State to teach, or supervise others who are teaching, the
subject matter of the courses of instruction''.
0
C. In paragraph (b)(7), removing the first occurrence of the word
``projects'' and adding, in its place, the word ``program''; and
removing the words ``those projects'', and adding, in their place, the
words ``the program, consistent with desegregation guidelines and the
capacity of the applicant to accommodate students''.
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D. In paragraph (i)(1), removing the word ``project'' and adding, in
its place, the word ``programs''.
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E. In paragraph (i)(2), adding the word ``academic'' after the word
``student''.
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F. Revising paragraphs (i)(3) and (i)(4).
0
G. In paragraph (i)(5), removing the word ``projects'' and adding, in
its place, the word ``program''.
0
H. Revising the OMB approval parenthetical and the authority citation
following paragraph (i).
The revisions read as follows:
Sec. 280.20 How does one apply for a grant?
* * * * *
(i) * * *
(3) How the LEA or consortium of LEAs will continue the magnet
schools program after assistance under this part is no longer
available, including, if applicable, why magnet schools previously
established or supported with Magnet Schools Assistance Program grant
funds cannot be continued without the use of funds under this part;
(4) How assistance will be used to--
(i) Improve student academic achievement for all students attending
the magnet school programs; and
(ii) Implement services and activities that are consistent with
other programs under the Act and other statutes, as appropriate; and
* * * * *
(Approved by the Office of Management and Budget under control
number 1855-0011)
(Authority: 20 U.S.C. 7231d)
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7. Section 280.30 is amended by:
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A. In paragraph (c), removing the figure ``45'' and adding, in its
place, the figure ``30''.
0
B. Revising the authority citation following paragraph (c) to read as
follows:
Sec. 280.30 How does the Secretary evaluate an application?
* * * * *
(Authority: 20 U.S.C. 7231-7231j)
0
8. Section 280.31 is amended by:
0
A. In paragraph (c)(2)(iii), adding the words ``to improving'' after
the second occurrence of the word ``or'' and adding the words ``,
technological, and professional'' after the word ``vocational''.
0
B. Revising the OMB approval parenthetical and the authority citation
following paragraph (f) to read as follows:
Sec. 280.31 What selection criteria does the Secretary use?
* * * * *
(Approved by the Office of Management and Budget under control
number 1855-0011)
(Authority: 20 U.S.C. 7231-7231j)
0
9. Section 280.32 is amended by:
0
A. In paragraph (a), removing the words ``through (f)'' and adding, in
their place, the words ``through (d)''.
0
B. Removing paragraphs (e) and (f).
0
C. Revising the authority citation following paragraph (d) to read as
follows:
Sec. 280.32 How is priority given to applicants?
* * * * *
(Authority: 20 U.S.C. 7231e)
0
10. Section 280.33 is amended by revising the authority citation
following paragraph (b) to read as follows:
Sec. 280.33 How does the Secretary select applications for new grants
with funds appropriated in excess of $75 million?
* * * * *
(Authority: 20 U.S.C. 7231j)
0
11. Section 280.40 is amended by:
0
A. In paragraph (a), removing the words ``and (d)'' and adding, in
their place, the words ``and do not include activities described under
paragraph (f) of this section''.
0
B. In the introductory text of paragraph (b), removing the word
``thereof'' and adding, in its place, the words ``of materials,
equipment and computers''.
0
C. In paragraph (b)(2), removing the word ``the'' and adding, in its
place, the words ``student academic achievement based on the State's
challenging academic content standards and student academic achievement
standards or directly related to improving student''; and adding the
words ``, technological, or professional'' after the word
``vocational''.
0
D. In paragraph (c)(1), removing the words ``certified or licensed by
the State'' and adding, in their place, the words ``highly qualified''.
0
E. In paragraph (c)(3), removing the word ``the'' and adding, in its
place, the words ``student academic achievement based on the State's
challenging academic content standards and student academic achievement
standards or directly related to improving student''; and adding the
words ``, technological, or professional'' after the word
``vocational''.
0
F. Adding new paragraphs (f), (g), and (h).
0
G. Revising the authority citation following paragraph (h).
The additions and revision read as follows:
Sec. 280.40 What costs are allowable?
* * * * *
(f) Activities, which may include professional development, that
will build the recipient's capacity to operate magnet school programs
once the grant period has ended.
(g) Activities to enable the LEA or consortium of LEAs to have more
flexibility in the administration of a magnet school program in order
to serve students attending a school who are not enrolled in a magnet
school program.
(h) Activities to enable the LEA or consortium of LEAs to have
flexibility in designing magnet schools for students in all grades.
(Authority: 20 U.S.C. 7231f)
0
12. Section 280.41 is amended by:
0
A. Revising paragraph (a).
0
B. In paragraph (b), adding the word ``or'' after the punctuation
``;''.
0
C. In paragraph (c), removing the word ``; or'' and adding, in its
place, the punctuation ``.''.
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D. Removing paragraph (d).
0
E. Revising the authority citation following paragraph (c).
The revisions read as follows:
Sec. 280.41 What are the limitations on allowable costs?
* * *
(a) Expend for planning more than 50 percent of the funds received
for the
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first fiscal year, and 15 percent of the funds received for the second
or the third fiscal year;
* * * * *
(Authority: 20 U.S.C. 7231g, 7231h(b))
[FR Doc. 04-1950 Filed 1-30-04; 8:45 am]
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