Alabama Department of Education; Notice of written findings and complianceagreement [OESE]

FR Doc 03-4074
[Federal Register: February 20, 2003 (Volume 68, Number 34)]
[Notices]
[Page 8234-8260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe03-41]

Download:

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

Alabama Department of Education; Written Findings and Compliance
Agreement

AGENCY: Office of Elementary and Secondary Education, Department of
Education.

ACTION: Notice of written findings and compliance agreement.

-----------------------------------------------------------------------

SUMMARY: Section 457 of the General Education Provisions Act (GEPA)
authorizes the U.S. Department of Education to enter into a compliance
agreement with a recipient that is failing to comply substantially with
Federal program requirements. In order to enter into a compliance
agreement, the Department must determine, in written findings, that the
recipient cannot comply until a future date with the applicable program
requirements and that a compliance agreement is a viable means of
bringing about such compliance. On March 27, 2002, the Assistant
Secretary for Elementary and Secondary Education (Assistant Secretary)
entered into a compliance agreement with the Alabama Department of
Education (ALDE). Under section 457(b)(2) of GEPA, the written findings
and compliance agreement must be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Dr. Grace A. Ross, U.S. Department of

[[Page 8235]]

Education, Office of Elementary and Secondary Education, 400 Maryland
Avenue, SW., room 3W118, Washington, DC 20202. Telephone: (202) 260-
0967.
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
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: Under title I, part A of the Elementary and
Secondary Education Act of 1965 (title I), each State, including the
District of Columbia and Puerto Rico, was required to develop or adopt,
by the 1997-98 school year, challenging content standards in at least
reading/language arts and mathematics that describe what the State
expects all students to know and be able to do. Each State also was
required to develop or adopt performance standards, aligned with its
content standards, which describe three levels of proficiency to
determine how well students are mastering the content standards.
Finally, by the 2000-2001 school year, each State was required to
develop or adopt a set of student assessments in at least reading/
language arts and mathematics that would be used to determine the
yearly performance of schools in enabling students to meet the State's
performance standards.
The Alabama Department of Education (ALDE) submitted, and the
Department approved, evidence that it has content standards in at least
reading/language arts and mathematics. In October 2000, ALDE submitted
evidence of its final assessment system. The Department submitted that
evidence to a panel of three assessment experts for peer review and
following that review the Acting Assistant Secretary determined that
Alabama must enter a compliance agreement with the Department. The ALDE
submitted additional information and this evidence was peer reviewed in
August 2001. Following that review, the Assistant Secretary for
Elementary and Secondary Education concluded that ALDE's proposed final
assessment system and performance standards did not meet a number of
the Title I requirements.
Section 454 of GEPA, 20 U.S.C. 1234c, sets out the remedies
available to the Department when it determines that a recipient ``is
failing to comply substantially with any requirement of law''
applicable to Federal program funds the Department administers.
Specifically, the Department is authorized to--
(1) Withhold funds;
(2) Obtain compliance through a cease and desist order;
(3) Enter into a compliance agreement with the recipient; or
(4) Take any other action authorized by law. 20 U.S.C. 1234c(a)(1)
through (a)(4).
In a letter dated November 19, 2001, to Dr. Edward R. Richardson,
Superintendent of Schools for the Alabama Department of Education, the
Assistant Secretary notified ALDE that, in order to remain eligible to
receive Title I funds, it must enter into a compliance agreement with
the Department. The purpose of a compliance agreement is ``to bring the
recipient into full compliance with the applicable requirements of law
as soon as feasible and not to excuse or remedy past violations of such
requirements.'' 20 U.S.C. 1234f(a). In order to enter into a compliance
agreement with a recipient, the Department must determine, in written
findings, that the recipient cannot comply until a future date with the
applicable program requirements, and that a compliance agreement is a
viable means for bringing about such compliance.
On April 8, 2002, the Assistant Secretary issued written findings,
holding that compliance by ALDE with the title I standards and
assessment requirements is genuinely not feasible until a future date.
Having first submitted its assessment system for peer review in October
2000, ALDE was not able to make the significant changes to its system
that the Department's peer review required in time to meet the spring
2001 statutory deadline to have approved assessments in place. As a
result, ALDE administered its unapproved assessment system in 2001. The
Assistant Secretary also determined that a compliance agreement
represents a viable means of bringing about compliance because of the
steps ALDE has already taken to comply, its commitment of resources,
and the plan it has developed for further action. The agreement sets
out the action plan that ALDE must meet to come into compliance with
the title I requirements. This plan, coupled with specific reporting
requirements, will allow the Assistant Secretary to monitor closely
ALDE's progress in meeting the terms of the compliance agreement. Both
the Superintendent of ALDE, Dr. Edward R. Richardson, and the Assistant
Secretary signed the agreement on March 27, 2002.
As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2),
the text of the Assistant Secretary's written findings is set forth as
appendix A and the compliance agreement is set forth as appendix B of
this 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 (GPO) toll free, at 1-888-293-6498; 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 is available on GPO access
at: http://www.access.gpo.gov/nara/index.html.

(Authority: 20 U.S.C. 1234c, 1234f, 6311)

Dated: February 13, 2003.
Eugene W. Hickock,
Under Secretary of Education.

Appendix A--Text of the Written Findings of the Assistant Secretary for
Elementary and Secondary Education

I. Introduction

The Assistant Secretary for Elementary and Secondary Education
(Assistant Secretary) of the U.S. Department of Education (Department)
has determined, pursuant to 20 U.S.C. 1234c and 1234f, that the Alabama
Department of Education (ALDE) has failed to comply substantially with
certain requirements of title I, part A of the Elementary and Secondary
Education Act of 1965 (title I), 20 U.S.C. 6301 et seq., and that it is
not feasible for ALDE to achieve full compliance immediately.
Specifically, the Assistant Secretary has determined that ALDE failed
to meet a number of the title I requirements concerning the development
of performance standards and an aligned assessment system within the
statutory timeframe.
For the following reasons, the Assistant Secretary has concluded
that it would be appropriate to enter into a compliance agreement with
ALDE to bring it into full compliance as soon as feasible. During the
effective period of the compliance agreement, which ends three years
from the date of these

[[Page 8236]]

findings, ALDE will be eligible to receive title I funds as long as it
complies with the terms and conditions of the agreement as well as the
provisions of title I, part A and other applicable Federal statutory
and regulatory requirements.

II. Relevant Statutory and Regulatory Provisions

A. Title I, Part A of the Elementary and Secondary Education Act of
1965
Title I, part A of the Elementary and Secondary Education Act of
1965 (title I), 20 U.S.C. 6301 et seq., provides financial assistance,
through State educational agencies, to local educational agencies to
provide services in high-poverty schools to students who are failing or
at risk of failing to meet the State's student performance standards.
Under title I, each State, including the District of Columbia and
Puerto Rico, was required to develop or adopt, by the 1997-98 school
year, challenging content standards in at least reading/language arts
and mathematics that describe what the State expects all students to
know and be able to do and performance standards, aligned with those
content standards, that describe three levels of proficiency to
determine how well students are mastering the content standards.
By the 2000-2001 school year, title I required each State to
develop or adopt a set of student assessments in at least reading/
language arts and mathematics that would be used to determine the
yearly performance of schools and school districts in enabling students
to meet the State's performance standards. These assessments must meet
the following requirements:
[sbull] The assessments must be aligned to a State's content and
performance standards.
[sbull] They must be administered annually to students in at least
one grade in each of three grade ranges: grades 3 through 5, grades 6
through 9, and grades 10 through 12.
[sbull] They must be valid and reliable for the purpose for which
they are used and of high technical quality.
[sbull] They must involve multiple measures, including measures
that assess higher-order thinking skills.
[sbull] They must provide for the inclusion of all students in the
grades assessed, including students with disabilities and limited
English proficient students.
[sbull] They must provide individual reports on the students
tested.
[sbull] Results from the assessments must be disaggregated and
reported by major racial and ethnic groups and other categories.
[sbull] 20 U.S.C. 6311(b)(3).\1\
---------------------------------------------------------------------------

\1\ On January 8, 2002, title I of the Elementary and Secondary
Education Act was reauthorized by the No Child Left Behind Act of
2001 (NCLB) (Pub. L. 107-110). The NCLB made several significant
changes to the Title I standards and assessment requirements. First,
it requires that each State develop academic content and student
achievement standards in science by the 2005-06 school year. Second,
by the 2005-06 school year, it requires a system of aligned
assessments in each of grades 3 through 8 and once during grades 10
through 12. Third, it requires science assessments in at least three
grade spans by the 2007-08 school year. Fourth, the NCLB
significantly changes the definition of adequate yearly progress
each State must establish to hold schools and school districts
accountable, based on data from the 2001-02 test administration.
Finally, by the 2002-03 school year, the NCLB requires State and
school district report cards that include, among other things,
assessment results disaggregated by various subgroups, two-year
trend data, and percent of students tested.
---------------------------------------------------------------------------

B. The General Education Provisions Act
The General Education Provisions Act (GEPA) provides a number of
options when the Assistant Secretary determines a recipient of
Department funds is ``failing to comply substantially with any
requirement of law applicable to such funds.'' 20 U.S.C. 1234c. In such
case, the Assistant Secretary is authorized to--
(1) Withhold funds;
(2) Obtain compliance through a cease and desist order;
(3) Enter into a compliance agreement with the recipient; or
(4) Take any other action authorized by law. 20 U.S.C. 1234c(a)(1)
through (a)(4).
Under section 457 of GEPA, the Assistant Secretary may enter into a
compliance agreement with a recipient that is failing to comply
substantially with specific program requirements. 20 U.S.C. 1234f. The
purpose of a compliance agreement is ``to bring the recipient into full
compliance with the applicable requirements of the law as soon as
feasible and not to excuse or remedy past violations of such
requirements.'' 20 U.S.C. 1234f(a). Before entering into a compliance
agreement with a recipient, the Assistant Secretary must hold a hearing
at which the recipient, affected students and parents or their
representatives, and other interested parties are invited to
participate. At that hearing, the recipient has the burden of
persuading the Assistant Secretary that full compliance with the
applicable requirements of law is not feasible until a future date and
that a compliance agreement is a viable means for bringing about such
compliance. 20 U.S.C. 1234f(b)(1). If, on the basis of all the
available evidence, the Assistant Secretary determines that compliance
until a future date is genuinely not feasible and that a compliance
agreement is a viable means for bringing about such compliance, the
Assistant Secretary must make written findings to that effect and
publish those findings, together with the substance of any compliance
agreement, in the Federal Register. 20 U.S.C. 1234f(b)(2).
A compliance agreement must set forth an expiration date, not later
than three years from the date of these written findings, by which time
the recipient must be in full compliance with all program requirements.
20 U.S.C. 1234f(c)(1). In addition, a compliance agreement must contain
the terms and conditions with which the recipient must comply during
the period that agreement is in effect. 20 U.S.C. 1234f(c)(2). If the
recipient fails to comply with any of the terms and conditions of the
compliance agreement, the Assistant Secretary may consider the
agreement no longer in effect and may take any of the compliance
actions described previously. 20 U.S.C. 1234f(d).

III. Analysis

A. Overview of Issues To Be Resolved in Determining Whether a
Compliance Agreement Is Appropriate
In deciding whether a compliance agreement between the Assistant
Secretary and ALDE is appropriate, the Assistant Secretary must first
determine whether compliance by ALDE with the title I standards and
assessment requirements is genuinely not feasible until a future date.
20 U.S.C. 1234f(b). The second issue that the Assistant Secretary must
resolve is whether ALDE will be able, within a period of up to three
years, to come into compliance with the title I requirements. Not only
must ALDE come into full compliance by the end of the effective period
of the compliance agreement, it must also make steady and measurable
progress toward that objective while the compliance agreement is in
effect. If such an outcome is not possible, then a compliance agreement
between the Assistant Secretary and ALDE would not be appropriate.
B. ALDE Has Failed To Comply Substantially With Title I Standards and
Assessment Requirements
In October 2000, ALDE submitted evidence of its final assessment
system. The Assistant Secretary submitted that evidence to a panel of
three assessment experts for peer review. Alabama submitted additional
information and this evidence was peer reviewed in August 2001.
Following that review, the

[[Page 8237]]

Assistant Secretary for Elementary and Secondary Education concluded
that ALDE's proposed final assessment system did not meet a number of
the title I requirements. Specifically, the Assistant Secretary
determined that ALDE must do the following:
[sbull] Develop or select an academic assessment system that
represents the full range of the ALDE's academic content standards and
academic achievement standards in at least reading/language arts and
mathematics and is consistent with the title I requirements for use of
multiple measures of student achievement, including measures that
assess higher-order thinking and understanding. Document the alignment
of the assessment system with ALDE's academic content and student
achievement standards.
[sbull] Provide evidence that the State assessment shall be used
for purposes for which such assessments are valid and reliable, and be
consistent with relevant, nationally recognized professional and
technical standards for such assessments.
[sbull] Provide evidence supporting the proposed Alabama Student
Assessment Program that includes information on the financial capacity
of Alabama to complete this system so that it meets the requirements of
title I, including performance standards, alignment, technical quality,
inclusion of all students, reporting, and use in the State's
accountability system.
[sbull] Provide evidence of performance standards having three
performance levels, with cut scores for all components of the
assessment system, and the process to be used to determine that these
performance standards are aligned with content standards and
performance descriptors for all components of the assessment system
incorporated into the State's accountability system.
[sbull] Provide evidence of participation rates for each grade
assessed, each subject (reading and math), and, for students with
disabilities (SWD) and limited English proficiency (LEP) populations,
the total enrollment, number assessed, and number exempted. The number
assessed should be broken down by types of assessment accommodation
(regular, standard accommodations, non-standard accommodations, and
alternate) for all components of the State assessment system that are
included in the accountability system.
[sbull] Provide evidence of an approved comprehensive policy on
assessment guidelines and accommodations for LEP students, clear
guidance to LEAs and schools related to the use of language proficiency
tests for the LEP team decisions on accommodations for assessments, and
a plan for implementing the new LEP inclusion policies and for
monitoring LEA compliance with those policies.
[sbull] Provide evidence on the process used to incorporate data
for SWD and LEP students into the assessment and accountability
systems.
[sbull] Provide evidence regarding the extent to which all
components of the Alabama assessment program contribute to the
alignment of the content and performance standards; a description of
the State's approach for ensuring alignment; and information on the
cognitive complexity of all of the Alabama assessments.
[sbull] Provide evidence of a technical manual for the writing
component and technical information on all the proposed components when
they are available.
[sbull] Provide evidence to show how Alabama will disaggregate its
performance data in grade spans 3-5 and 6-9 by economically
disadvantaged students versus non-economically disadvantaged, race/
ethnicity, and LEP status at the State, LEA, and school levels and on
how Alabama will disaggregate its performance data by all the required
categories at the high school level.
[sbull] Provide evidence on how ALDE will provide individual
student reports and State, LEA, and school profiles by student
performance standards and how it will report and disseminate student
performance information to the necessary stakeholders at the LEA and
school levels.
C. ALDE Cannot Correct Immediately Its Noncompliance With the Title I
Standards and Assessment Requirements
Under the title I statute, ALDE was required to implement its final
assessment system no later than the 2000-2001 school year. 20 U.S.C.
6311(b)(6). ALDE submitted evidence of its assessment system in October
2000 and August 2001 but the Assistant Secretary determined, on the
basis of that evidence, that ALDE's system did not fully meet the title
I requirements. Due to the enormity and complexity of developing a new
assessment system that addressed the Assistant Secretary's concerns,
ALDE was not able to complete that task between the time it first
submitted its system for review and the spring 2001 assessment window.
Thus, in spring 2001, ALDE administered the assessment that the
Assistant Secretary had determined did not meet the title I
requirements. As a result, the Assistant Secretary finds that it is not
genuinely feasible for ALDE to come into compliance until a future
date.
D. ALDE Can Meet the Terms and Conditions of a Compliance Agreement and
Come into Full Compliance With the Requirements of Title I Within Three
years
At the public hearing, ALDE presented evidence of its commitment
and capability to come into compliance with the title I standards and
assessment requirements within three years. For example, Alabama
successfully amended a law in 2000 that required the State Board of
Education to implement a nationally normed test to assist in the
assessment of student achievement in grades three through 11. Since
that time, the State has been busy designing a new accountability
system and adopting a new assessment plan for its schools, one that
maintains high standards and comports with Federal law.
Finally, ALDE has developed a comprehensive action plan,
incorporated into the compliance agreement, that sets out a very
specific schedule that ALDE has agreed to meet during the next three
years for attaining compliance with the title I standards and
assessment requirements. As a result, ALDE is committed not only to
coming into full compliance within three years, but to meeting a
stringent, but reasonable, schedule for doing so. The action plan also
demonstrates that ALDE will be well on its way to meeting the new
standards and assessment requirements of the No Child Left Behind Act
of 2001. The compliance agreement also sets out documentation and
reporting procedures that ALDE must follow. These provisions will allow
the Assistant Secretary to ascertain promptly whether ALDE is meeting
each of its commitments under the compliance agreement and is on
schedule to achieve full compliance within the effective period of the
agreement.
The task of developing an assessment system that meets the title I
requirements is not a quick or easy one. However, the Assistant
Secretary has determined that, given the commitment of ALDE to comply
with the terms and conditions of the compliance agreement, it is
possible for ALDE to come into full compliance with the title I
standards and assessment requirements within three years.

IV. Conclusion

For the foregoing reasons, the Assistant Secretary finds the
following:

[[Page 8238]]

(1) That full compliance by ALDE with the standards and assessment
requirements of title I is not feasible until a future date; and (2)
that ALDE can meet the terms and conditions of the attached compliance
agreement and come into full compliance with the title I standards and
assessment requirements within three years of the date of these
findings. Therefore, the Assistant Secretary has determined that it is
appropriate to enter into a compliance agreement with ALDE. Under the
terms of 20 U.S.C. 1234f, that compliance agreement becomes effective
on the date of these findings.

Dated: March 27, 2002.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education.

Appendix B--Text of the Compliance Agreement

Compliance Agreement Under Title I of the Elementary and Secondary
Education Act Between the United States Department of Education and the
Alabama Department of Education

Introduction

Title I of the Elementary and Secondary Education Act of 1965
(title I) required each State, including the District of Columbia and
Puerto Rico, to develop or adopt, by the 1997-98 school year,
challenging content standards in at least reading/language arts and
mathematics that describe what the State expects all students to know
and be able to do. Title I also required each State to develop or adopt
performance standards, aligned with those content standards, that
describe three levels of proficiency to determine how well students are
mastering the content standards. By the 2000-2001 school year, title I
required each State to develop or adopt a set of student assessments in
at least reading/language arts and mathematics that would be used to
determine the yearly performance of schools and school districts in
enabling students to meet the State's performance standards.
The Alabama Department of Education (ALDE) was not able to meet
these requirements by the statutory deadlines. In order to be eligible
to continue to receive title I funds while working to comply with the
statutory requirements, Dr. Edward R. Richardson, Superintendent of
ALDE, indicated ALDE's interest in entering into a compliance agreement
with the Office of Elementary and Secondary Education (OESE) of the
United States Department of Education. On January 31, 2002, OESE
conducted a public hearing regarding ALDE's ability to come into
compliance with the title I standards and assessment requirements
within three years. Based on testimony at that hearing, Dr. Joseph
Morton, Deputy State Superintendent, determined that ``Alabama was one
of the states that did not meet the deadline for title I compliance
with all rules and regulations.'' The Deputy State Superintendent
stated, ``I am here today to testify that it can be done within a
three-year span from the date of initiation of a signed compliance
agreement.'' The Deputy State Superintendent's written findings are
attached to, and incorporated by reference into, this Agreement.
Pursuant to this Compliance Agreement under 20 U.S.C. 1234f, ALDE
must be in full compliance with the requirements of title I no later
than three years from the date of the Assistant Secretary's written
findings, a copy of which is attached to, and incorporated by reference
into, this Agreement. Specifically, ALDE must meet, and document that
it has met, the following requirements:
1. Develop or select an academic assessment system that represents
the full range of ALDE's academic content standards and academic
achievement standards in at least reading/language arts and mathematics
and is consistent with the title I requirements for use of multiple
measures of student achievement, including measures that assess higher-
order thinking and understanding. Document the alignment of the
assessment system with ALDE's academic content and student achievement
standards.
2. Provide evidence that the State assessment shall be used for
purposes for which such assessments are valid and reliable, and be
consistent with relevant, nationally recognized professional and
technical standards for such assessments.
3. Provide evidence supporting the proposed Alabama Student
Assessment Program that includes information on the financial capacity
of Alabama to complete this system so that it meets the requirements of
title I, including performance standards, alignment, technical quality,
inclusion of all students, reporting, and use in the State's
accountability system.
4. Provide evidence of performance standards having three
performance levels, with cut scores for all components of the
assessment system, and the process to be used to determine that these
performance standards are aligned with content standards and
performance descriptors for all components of the assessment system
incorporated into your State's accountability system.
5. Provide evidence of participation rates for each grade assessed,
each subject (reading and math), and, for SWD and LEP populations, the
total enrollment, number assessed, and number exempted. The number
assessed should be broken down by types of assessment accommodation
(regular, standard accommodations, non-standard accommodations, and
alternate) for all components of the State assessment system that you
included in the accountability system.
6. Provide evidence of an approved comprehensive policy on
assessment guidelines and accommodations for LEP students, clear
guidance to LEAs and schools related to the use of language proficiency
tests for the LEP team decisions on accommodations for assessments, and
a plan for implementing the new LEP inclusion policies and for
monitoring LEA compliance with those policies.
7. Provide evidence on the process used to incorporate data for SWD
and LEP students into the assessment and accountability systems.
8. Provide evidence regarding the extent to which all components of
the Alabama assessment program contribute to the alignment of the
content and performance standards, a description of your State's
approach for ensuring alignment; and information on the cognitive
complexity of all of the Alabama assessments.
9. Provide evidence of a technical manual for the writing component
and technical information on all the proposed components when they are
available.
10. Provide evidence to show how Alabama will disaggregate its
performance data in grade spans 3-5 and 6-9 by economically
disadvantaged students versus non-economically disadvantaged, race/
ethnicity, and LEP status at the State, LEA, and school levels and on
how Alabama will disaggregate its performance data by all the required
categories at the high school level.
11. Provide evidence on how your agency will provide individual
student reports and State, LEA, and school profiles by student
performance standards and how it will report and disseminate student
performance information to the necessary stakeholders at the LEA and
school levels.
During the period that this Compliance Agreement is in effect, ALDE
is eligible to receive title I, part A funds if it complies with the
terms and conditions of this Agreement, as

[[Page 8239]]

well as the provisions of title I, part A and other applicable Federal
statutory and regulatory requirements. Specifically, the Compliance
Agreement sets forth action steps ALDE must meet to come into
compliance with the title I standards and assessment requirements. ALDE
must submit documentation concerning its compliance with these action
steps.
The action steps incorporated into this Compliance Agreement may be
amended by joint agreement of the parties, provided full compliance can
still be accomplished by the expiration date of the Agreement.
In addition to all of the terms and conditions set forth above,
ALDE agrees that its continued eligibility to receive title I, part A
funds is predicated upon compliance with statutory and regulatory
requirements of that program that have not been addressed by this
Agreement, including the requirements of the No Child Left Behind Act
of 2001.
If ALDE fails to comply with any of the terms and conditions of
this Compliance Agreement, including the action steps, the Department
may consider the Agreement no longer in effect and may take any action
authorized by law, including the withholding of funds or the issuance
of a cease and desist order. 20 U.S.C. Sec. 1234f(d).

For the Alabama Department of Education:

Dated: March 27, 2002.
Edward R. Richardson,
State Superintendent of Schools.

For the United States Department of Education:

Dated: March 27, 2002.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education.
Date this compliance agreement becomes effective: April 8, 2002.
Expiration date of this agreement: April 8, 2005.
BILLING CODE 4000-01-P

[[Page 8240]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.020

[[Page 8241]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.021

[[Page 8242]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.022

[[Page 8243]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.023

[[Page 8244]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.024

[[Page 8245]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.025

[[Page 8246]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.026

[[Page 8247]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.027

[[Page 8248]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.028

[[Page 8249]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.029

[[Page 8250]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.030

[[Page 8251]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.031

[[Page 8252]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.032

[[Page 8253]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.033

[[Page 8254]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.034

[[Page 8255]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.035

[[Page 8256]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.036

[[Page 8257]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.037

[[Page 8258]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.038

[[Page 8259]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.039

[[Page 8260]]

[GRAPHIC] [TIFF OMITTED] TN20FE03.040

[FR Doc. 03-4074 Filed 2-19-03; 8:45 am]

BILLING CODE 4000-01-C