[Federal Register: February 2, 2000 (Volume 65, Number 22)]
[Notices]
[Page 5169-5193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe00-138]

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Part IV

Department of Education

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Foreign Language Assistance Grants (Local Educational Agencies); New
Awards for FY 2000; Notice Inviting Applications

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.293B]


Foreign Language Assistance Grants (Local Educational Agencies)
Notice Inviting Applications for New Awards for Fiscal Year (FY) 2000

NOTE TO APPLICANTS: This notice is a complete application package.
Together with the statute authorizing the program and applicable
regulations governing the program, including the Education Department
General Administrative Regulations (EDGAR), this notice contains all of
the information, application forms, and instructions needed to apply
for an award under this competition.

PURPOSE OF PROGRAM: This program provides grants to pay for the Federal
share of the cost of innovative model programs providing for the
establishment, improvement, or expansion of foreign language study for
elementary and secondary school students.
    In awarding grants under this program, the Secretary supports
projects that--
    (A) show the promise of being continued beyond their project
period;
    (B) demonstrate approaches that can be disseminated and duplicated
in other local educational agencies; and
    (C) may include a professional development component.

ELIGIBLE APPLICANTS: Local educational agencies.

APPLICATIONS AVAILABLE: February 2, 2000.

DEADLINE FOR TRANSMITTAL OF APPLICATIONS: March 20, 2000.

DEADLINE FOR INTERGOVERNMENTAL REVIEW: May 22, 2000.

AVAILABLE FUNDS: $1,420,000.

ESTIMATED RANGE OF AWARDS: $50,000-$175,000.
    ESTIMATED AVERAGE SIZE OF AWARDS:
    $112,500.

ESTIMATED NUMBER OF AWARDS: 12.

    Note: The Department is not bound by any estimates in this
notice.

PROJECT PERIOD: 36 months.

APPLICABLE REGULATIONS: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81,
82, 85 and 86.
    (b) 34 CFR part 299.

Description of Program

    Part B of Title VII of the Elementary and Secondary Education Act
of 1965, as amended (the Act), authorizes the Foreign Language
Assistance Grants program. Appropriations for this program are
authorized by section 7206 of the Act. Applicants should note that
section 7203 (c)(1) provides that the Federal share of the cost of
activities assisted under this part for each fiscal year is 50 percent.
The Secretary may waive this requirement for any local educational
agency which the Secretary determines does not have adequate resources
to pay the non-Federal share of the cost of the activities assisted
under this part. Section 7203(c)(3) of the Act provides that at least
75 percent of the funds appropriated under section 7206 must be used
for the expansion of foreign language learning in elementary grades.
The Secretary does not fund projects that propose Native American
languages.

Priority

    Under 34 CFR 75.105 (b)(2)(iv) and (c)(2)(i) and section 7204(b) of
the Act (20 U.S.C. 7514(b)), the Secretary gives preference to
applications that meet the following competitive priority. The
Secretary awards three points depending on how well an application
meets this competitive priority. These points would be in addition to
any points the application earns under the selection criteria for the
program.

Competitive Preference Priority--Special Considerations (3 points)

    Projects that propose to carry out one or more of the following
activities: (1) Intensive summer foreign language programs for
professional development; (2) linking non-native English speakers in
the community with the schools in order to promote two-way language
learning; or (3) promoting the sequential study of a foreign language,
beginning in elementary schools.

Selection Criteria

    (a)(1) The Secretary uses the following selection criteria in 34
CFR 75.209 and 75.210 and section 7203 of the Act to evaluate
applications for new grants under this competition.
    (2) The maximum score for all of these criteria is 100 points.
    (3) The maximum score for each criterion is indicated in
parentheses.
    (b)(1) Need for the project. (10 points)
    The Secretary considers the need for the project. In determining
the need for the proposed project, the Secretary considers the
following factors:
    (i) The magnitude of the need for the services to be provided or
the activities to be carried out by the proposed project.
    (ii) 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.
    (2) Significance. (20 points)
    The Secretary reviews each application to determine how well the
proposed project will implement foreign language instructional programs
that will:
    (i) Show the promise of being continued beyond the grant period;
and
    (ii) Demonstrate approaches that can be disseminated and duplicated
in other local educational agencies.
    (3) Quality of the project design. (25 points)
    The Secretary considers the quality of the design of the proposed
project. 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 for implementing and
evaluating the proposed project will result in information to guide
possible replication of project activities or strategies, including
information about the effectiveness of the approach or strategies
employed by the project.
    (4) Quality of Project Services (20 points)
    (i) The Secretary considers the quality of services to be provided
by the proposed project.
    (ii) In determining the quality of the services to be provided by
the proposed project, the Secretary considers the quality and
sufficiency of strategies for ensuring equal access and treatment for
eligible project participants who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability.
    (iii) In addition, the Secretary considers the following factors:
    (A) The extent to which the services to be provided by the proposed
project are appropriate to the needs of the intended recipients or
beneficiaries of those services.
    (B) The extent to which the services to be provided by the proposed
project reflect up-to-date knowledge from research and effective
practice.
    (C) The likelihood that the services to be provided by the proposed
project will lead to improvements in the

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achievement of students as measured against rigorous academic
standards.
    (5) Quality of Project Personnel. (10 points)
    (i) The Secretary considers the quality of the key personnel who
will carry out the proposed project.
    (ii) 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.
    (iii) In addition, the Secretary considers the following factors:
    (A) The qualifications, including relevant training and experience,
of the project director or principal investigator.
    (B) The qualifications, including relevant training and experience,
of key project personnel.
    (6) Adequacy of resources. (4 points)
    The Secretary considers the adequacy of resources for the project.
In determining the adequacy of resources for the proposed project, the
Secretary considers the following factors:
    (i) The extent to which the budget is adequate to support the
proposed project.
    (ii) The extent to which the costs are reasonable in relation to
the objectives, design, and potential significance of the proposed
project.
    (7) Quality of the management plan. (5 points)
    The Secretary considers the quality of the management plan for the
proposed project. 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 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.
    (8) Quality of project evaluation plan. (6 points)
    The Secretary considers the quality of the evaluation to be
conducted of the proposed project. In determining the quality of the
evaluation, the Secretary considers 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 will provide
performance feedback and permit periodic assessment of progress toward
achieving intended outcomes.
    (iii) The extent to which the evaluation will provide guidance
about effective strategies suitable for replication or testing in other
settings.

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.
    The objective of the Executive order is to foster an
intergovernmental partnership and to strengthen federalism by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance.
    Applicants must contact the appropriate State Single Point of
Contact to find out about, and to comply with, the State's process
under Executive order 12372. Applicants proposing to perform activities
in more than one State should immediately contact the Single Point of
Contact 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 State Single Point of Contact (SPOC), see the list
published in the Federal Register on April 28, 1999 (64 FR 22963) or;
you may view the latest SPOC list on the OMB Web site at the following
address: http://www.whitehouse.gov/omb/grants
    In States that have not established a process or chosen a program
for review, State, areawide, regional, and local entities may submit
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a
State Single Point of Contact and any comments from State, areawide,
regional, and local entities must be mailed or hand-delivered by the
date indicated in this notice to the following address: The Secretary,
E.O. 12372--CFDA# 84.293B, U.S. Department of Education, Room 6213, 400
Maryland Avenue, SW, Washington, DC 20202-0124.
    Proof of mailing will be determined on the same basis as
applications (see 34 CFR 75.102). Recommendations or comments may be
hand-delivered until 4:30 p.m. (Eastern 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.

Instructions for Transmittal of Applications

    (a) If an applicant wants to apply for a grant, the applicant
must--
    (1) Mail the original and two copies of the application on or
before the deadline date to: U.S. Department of Education, Application
Control Center, Attention: (CFDA# 84.293B), Washington, DC 20202-4725;
or
    (2) Hand deliver the original and two copies of the application by
4:30 p.m. (Eastern time) on or before the deadline date to: U.S.
Department of Education, Application Control Center, Attention: (CFDA#
84.293B), Room #3633, Regional Office Building #3, 7th and D Streets,
SW, Washington, DC.
    (b) An applicant 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.
    (c) If an application is mailed through the U.S. Postal Service,
the Secretary does 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.

    Notes:  (1) The U.S. Postal Service does not uniformly provide a
dated postmark. Before relying on this method, an applicant should
check with its local post office.

    (2) The Application Control Center will mail a Grant Application
Receipt Acknowledgment to each applicant. If an applicant fails to
receive the notification of application receipt within 15 days from
the date of mailing the application, the applicant should call the
U.S. Department of Education Application Control Center at (202)
708-9495.
    (3) The applicant must indicate on the envelope and--if not
provided by the Department--in Item 10 of the Application for
Federal Assistance (Standard Form 424) the CFDA number--and suffix
letter, if any--of the competition under which the application is
being submitted.

Application Instructions and Forms

    The appendix to this application is divided into three parts plus a
statement regarding estimated public reporting burden, guidance on
addressing the EDGAR selection criteria, and various assurances,
certifications, and required documentation. These parts and additional
materials are organized in the same manner that the submitted

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application should be organized. The parts and additional materials are
as follows:
    Part I: Application for Federal Assistance (ED 424) and
instructions.
    Part II: Budget Information--Non-Construction Programs (ED Form No.
524) and instructions.
    Part III: Application Narrative.

Additional Materials

    a. Estimated Public Reporting Burden.
    b. Part B of Title VII of the Elementary and Secondary Education
Act of 1965, as amended (the Act).
    c. Program Questions and Answers.
    d. Group Application Certification.
    e. Student Data.
    f. Project Documentation Form, including: Section I--Documentation
of consultation with nonprofit private school officials; Section II--
Appropriate box checked.
    g. Assurances--Non-Construction Programs (Standard Form 424B) and
instructions.
    h. Certifications Regarding Lobbying; Debarment, Suspension, and
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED
80-0013) and instructions.
    i. Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion: Lower Tier Covered Transactions (ED 80-0014, 9/90)
and instructions. (NOTE: ED 80-0014 is intended for the use of grantees
and should not be transmitted to the Department).
    j. Disclosure of Lobbying Activities (Standard Form LLL) (if
applicable) and instructions. This document has been marked to reflect
statutory changes. See the notice published in the Federal Register at
(61 FR 1413) by the Office of Management and Budget on January 19,
1996).
    k. Notice to All Applicants concerning a new provision in the
Department of Education's General Education Provisions Act (GEPA).
    An applicant may submit information on a photostatic copy 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.
    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 form
has been received.

FOR FURTHER INFORMATION CONTACT: Rebecca Richey, U.S. Department of
Education, 400 Maryland Avenue, SW, Room 5616, Switzer Building,
Washington, DC 20202-6510. Telephone (202) 205-9717. Margarita Ackley,
U.S. Department of Education, 400 Maryland Avenue, SW, Room 5611,
Switzer Building, Washington DC 20202-6510. Telephone: (202) 205-0506.
Individuals who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
    Individuals with disabilities may obtain this notice in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact persons listed in the preceding
paragraph. Please note, however, that the Department is not able to
reproduce in an alternate format the standard forms included in the
notice.

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

To use the pdf you must have the Adobe Acrobat Reader Program with
search, which is available free at either of the preceding sites. If
you have questions about using the 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 Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html

    Program Authority:  20 U.S.C. 7511-7514.

Art Love,
Acting Director, Office of Bilingual Education and Minority Languages
Affairs.

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Application Narrative Instructions

Mandatory Page Limit for the Application Narrative

    The narrative is the section of the application where you address
the selection criteria used by reviewers ini evaluating the
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) You must 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.
    If you use a proportional computer font, you may not use a font
smaller than a 12-point font. If you use a non-proportional font or a
typewriter, you may not use more than 12 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; or the
one-page abstract and table of contents described below.
    If, in order to meet the page limit, you use print size, spacing,
or margins smaller than standards specified in this notice, your
application will not be considered for funding.

Additional Guidance

Abstract

    The narrative section should be preceded by a one-page abstract
that includes a short description of the population to be served by the
project, project objectives, and planned project activities.

Table of Contents

    The application should include a table of contents listing the
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

    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.

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.

Final Application Preparation

    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.

Estimated Burden Statement

    According to the Paperwork Reduction Act of 1995, no persons are
required to respond to a collection of information unless such
collection displays a valid OMB control number. The valid OMB control
number for this information collection is 1885-0540 (Exp. 12/31/2001).
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(s) or suggestions
for improving this form, please write to: U.S. Department of Education,
Washington, DC 20202-4651.
    If yo uhave comments or concerns regarding the status of your
individual submission of this form, write directly to: Office of
Bilingual Education and Minority Languages Affairs, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 5603, Switzer Building,
Washington, DC 20202-6510.

Foreign Language Assistance Program

Grants of Local Educational Agencies

(Program Questions and Answers)

    Q. How will the Secretary comply with the statutory requirement,
set out in Section 7204(b) of the Elementary and Secondary Education
Act, to give special consideration to applications that describe
programs that (1) include intensive summer foreign language programs
for professional development; (2) link non-native English speakers
in the community; or (3) promote the sequential study of a foreign
language for students, beginning in elementary schools?
    A. The Secretary has established a competitive priority to
comply with this statutory requirement. Under that priority, the
Secretary awards three additional points to applications that
propose to carry out or more of the activities specified in Section
7204(b) of the Act in a particularly effective way. These points
would be in addition to any points the application earns under the
Selection Criteria. This priority is set out in full in the
Application Notice.
    Q. How can an applicant promote two-way language learning?
    A. Two-way language learning is promoted through encouraging
intersaction between non-native English speakers and foreign
language learners in an instructional setting for purposes of
facilitating foreign language acquisition. Although improvement of
the English language skills of non-native English speakers is a
desirable ancillary benefit of a project that utilizes two-way
language learning, the primary focus of projects funded under the
Foreign Language Assistance program must be on foreign language
learning. As a consequence, funds received under the Foreign
Language Assistance program should not be used to fund English
language instruction.
    Q. What is the definition of ``elementary school'' or
``secondary school''?
    A. The definitions of these two terms are set out in 34 CFR
77.1(c). The term ``elementary school'' means: ``a day or
residential school that provides elementary education, as determined
under State law.'' The term ``secondary school'' means: ``a day or
residential school that provides secondary education as determined
under State law. In the absence of State law, the Secretary may
determine, with respect to that State, whether the term includes
education beyond the twelfth grade.''
    Q. What is the State or LEA's share of costs for the Foreign
Language Assistance program for each fiscal year?
    A. The State or LEA's share is 50 percent. However, a waiver may
be granted for an LEA if the Secretary determines that the LEA does
not have adequate resources to pay the non-Federal share of the cost
of the activities. (Section 7203(c), 20 U.S.C. 7513(c)). The
Education Department General Administrative Regulations, at 34 CFR
80.24, also addresses Federal Cost sharing requirements.
    Q. How does an LEA apply for a waiver of the non-Federal share
of costs?
    A. The Secretary suggests that local educational agencies--
wishing to do so--request a waiver from the requirements of Section
7203(c) of the Act as a part of their grant application. This waiver
request should include information that will assist the Secretary in
determining whether the local educational agency seeking a waiver
``does not have adequate resources to pay the non-Federal share of
the costs of the activities assisted under [the Foreign Language
Assistance program].'' (Section 7203(b) of the Act, 20 U.S.C.
7513(c)(2)).
    Q. Under this program, may an applicant propose to hire foreign
language teachers?
    A. Yes, program funds may be used to hire foreign language
teachers.
    Q. May two districts apply together if they are already working
together in an elementary school foreign language program?
    A. Yes, the statute does not prohibit school districts from
applying together. The requirements on group applications are in 34
CFR 75.127-75.129.

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    Q. How can an LEA ensure that their proposed program design will
lead to an enhanced and effective foreign language program?
    A. An LEA may consider the National and State foreign language
content standards when designing their program.

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Project Documentation

    Note: Submit the appropriate documents and information as
specified below for the following programs:

Foreign Language Assistance Grant

Section I

    Evidence of compliance with the Federal requirements for
participation of students enrolled in nonprofit private schools.
(See section 7116(h)(2) of Public Law 103-382 and 34 CFR 75.119,
76.652, and 76.656 below.) Sec. 7116. Applications. ``(2) in
designing the program for which application is made, the needs of
children in nonprofit private elementary and secondary schools have
been taken into account through consultation with appropriate
private school officials and, consistent with the number of such
children enrolled in such schools in the area to be served whose
educational needs are of the type and whose language and grade
levels are of a similar type to those which the programs is intended
to address, after consultation with appropriate private school
officials, provision has been made for the participation of such
children on a basis comparable to that provided for public school
children.''

(Authority: 20 U.S.C. 7426(h)(2))

Section 75.119  Information Needed if Private Schools Pargicipate

    If a program requires the applicant to provide an opportunity
for participation of students enrolled in private schools, the
application must include the information required of subgrantees
under 34 CFR 76.656. (Approved by the Office of Management and
Budget under control number 1880-0513.)

(Authority: 20 U.S.C. 1221e-3(a)(1))

Section 76-652  Consultation With Representatives of Private School
Students

    (a) An applicant for a subgrant shall consult with appropriate
representatives of students enrolled in private schools during all
phases of the development and design of the project covered by the
application, including consideration of:
    (1) Which children will receive benefits under the project;
    (2) How the children's needs will be identified;
    (3) What benefits will be provided;
    (4) How the benefits will be provided; and
    (5) How the project will be evaluated.
    (b) A subgrantee shall consult with appropriate representatives
of students enrolled in private schools before the subgrantee makes
any decision that affects the opportunities of those students to
participate in the project.
    (c) The applicant or subgrantee shall give the appropriate
representatives a genuine opportunity to express their views
regarding each matter subject to the consultation requirements in
this section.

(Authority: 20 U.S.C. 1221e-3(a)(1))

76.656  Information in an Application for a Subgrant

    An applicant for a subgrant shall include the following
information in its application:
    (a) A description of how the applicant will meet the Federal
requirements for participation of students enrolled in private
schools.
    (b) The number of students enrolled in private schools who have
been identified as eligible to benefit under the program.
    (c) The number of students enrolled in private schools who will
receive benefits under the program.
    (d) The basis the applicant used to select the students.
    (e) The manner and extent to which the applicant complied with
Sec. 76.652 (consultation).
    (f) The places and times that the students will receive benefits
under the program.
    (g) The differences, if any, between the program benefits the
applicant will provide to public and private school students, and
the reasons for the differences.

(Authority: 20 U.S.C. 1221e-3(a)(1))

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