FR Doc E7-4270
[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Rules and Regulations]
[Page 10605-10607]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr07-10]
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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: Final regulations.
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SUMMARY: The Secretary amends the regulations governing the Magnet
Schools Assistance Program (MSAP) in 34 CFR part 280. These amendments
allow the MSAP to use an approach similar to that in Sec. 75.200 for
establishing selection criteria in grant competitions. Under this
approach the MSAP has 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
Sec. 75.210, based on statutory provisions in accordance with Sec.
75.209, or from any combination of these.
DATES: These regulations are effective April 9, 2007.
FOR FURTHER INFORMATION CONTACT: Steven L. Brockhouse, U.S. Department
of Education, 400 Maryland Avenue, SW., room 4W229, Washington, DC
20202-5970. 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: On August 22, 2006 the Secretary published a
notice of proposed rulemaking (NPRM) for these amendments in the
Federal Register (71 FR 48866).
In the preamble to the NPRM, the Secretary discussed on pages 48866
and 48867 the major changes proposed in that document to provide the
MSAP with the flexibility to use different types of selection criteria
when evaluating grant applications in a specific grant competition.
These included the following:
Amending Sec. 280.30 to give the Secretary the
flexibility to use selection criteria from Sec. 280.31, from the
approved menu of general selection criteria in Sec. 75.210 or from
selection criteria based on statutory provisions governing the MSAP,
established in accordance with Sec. 75.209.
Amending Sec. 280.31 to remove the mandatory point values
from the selection criteria in this section of the MSAP regulations.
There are no differences between the NPRM and these final
regulations.
Analysis of Comments
In response to the Secretary's invitation in the NPRM, nine parties
submitted comments on the proposed regulations. An analysis of the
comments follows.
We discuss substantive issues under the sections of the regulations
to which they pertain. Generally, we do not address technical and other
minor changes--and suggested changes the law does not authorize the
Secretary to make.
Section 280.30 How Does the Secretary Evaluate an Application?
Comment: Two commenters expressed the opinion that the current
selection criteria work effectively to address the MSAP's statutory
purpose and requirements, and consequently that a change in approach to
permit the use of other selection criteria is not needed at this time.
Discussion: The Department proposed these changes because we have
been constrained in past MSAP competitions to using only the program
selection criteria in Sec. 280.31, whether or not their use continues
to work well in the
[[Page 10606]]
selection of new projects that are likely to be effective in achieving
results. This approach limited our ability to tailor the selection
criteria in a manner that allowed us to take into consideration current
program needs, new research findings relating to magnet schools, or
other appropriate information in order to facilitate the selection of
applications that show the greatest promise of meeting the program's
statutory purposes.
The amended regulations provide the flexibility to make adjustments
to the selection criteria that are used for a particular competition.
Implementation of this change does not mean that existing selection
criteria that continue to work effectively in the selection of high-
quality applications for awards will be disregarded or abandoned. In
fact, it is unlikely that the use of this approach will result in major
changes from one grant competition to the next. Nonetheless, the
Department does believe that the flexibility gained in using this
approach will enable us to more effectively tailor selection criteria
to ensure projects best address the purpose and requirements of the
MSAP statute.
Change: None.
Comment: Two commenters expressed concerns about the effects of
different criteria, especially general criteria from EDGAR, and
indicated that they believed that the use of such criteria would be
detrimental to the quality of applications.
Discussion: Any criterion or factor from the approved menu in Sec.
75.210 must be considered in the context of the MSAP and in conjunction
with applicable statutory provisions and program regulations. As a
result, we do not believe that the use of selection criteria or factors
from Sec. 75.210 will negatively affect program quality.
Change: None.
Comment: Two commenters criticized the approach in Sec. 280.30
because they believed that it would provide too much flexibility to
manipulate the MSAP's statutory purpose or disregard desegregation-
related factors.
Discussion: Fears that this approach will allow the Secretary to
supersede statutory provisions or program requirements are misplaced.
The Secretary is bound by statutory provisions. In evaluating
applications, the Department must adhere to selection criteria or other
provisions related to the evaluation of applications that are required
by statute and the regulations. In addition, the Department intends to
use this approach to establish selection criteria in conjunction with
the statute and program requirements in the MSAP regulations, not
instead of them.
Change: None.
Comment: One commenter criticized the approach in Sec. 280.30
because the public would not be afforded the opportunity to comment
formally on the Department's choice of selection criteria for a
particular competition and another commenter indicated that rulemaking
for each proposed change or set of changes would be preferable.
Discussion: The Magnet Schools Assistance Program (MSAP)
Application for Grants is approved under OMB number 1855-0011. This
information collection follows the streamlined grant application
clearance procedures approved under OMB numbers 1890-0001 and 1890-
0006. For special information collection processes such as the use of
generic grant applications using the EDGAR selection criteria, public
comment on the information collection is generally solicited at three
year intervals. The current approval for the MSAP application package
expires April 30, 2007 and the Department will publish a Federal
Register notice shortly to solicit comments on that application package
(1855-0011).
The Department welcomes comments and suggestions on selection
criteria, and the application process generally, apart from formal
opportunities to comment. Potential applicants, grantees, program
beneficiaries, and others are encouraged to advise the Department about
their experience with the selection criteria, and to provide
recommendations for criteria for future competitions at any time, for
the Department's use in designing selection criteria.
Moreover, as discussed earlier in these comments, the Department
believes that this approach provides flexibility to make adjustments to
the selection criteria that are used for a particular competition and
that the flexibility gained in using this approach will enable us to
more effectively tailor selection criteria to help ensure the selection
of projects that best address the purpose and requirements of the MSAP
statute.
Change: None.
Comment: Other commenters expressed varying views regarding the
approach in Sec. 280.30 that would give the Secretary the flexibility
to use selection criteria from the approved menu of general selection
criteria in Sec. 75.210 or from selection criteria based on statutory
provisions governing the MSAP, in accordance with Sec. 75.209. One
commenter indicated that the additional flexibility would be
beneficial. Three others expressed reservations about this approach,
but only in the context of whether there would be sufficient time
available to adequately address any new selection criteria. One other
commenter also expressed concern that the change would have a
detrimental effect on planning prior to the announcement of selection
criteria.
Discussion: The Secretary does not believe that the new approach
will prevent potential applicants from beginning to prepare
applications in advance of an application announcement. Applicants may
begin work on the basis of statutory purposes and requirements.
Additionally, it is unlikely that there will be substantial changes in
the selection criteria used in evaluating applications from one
competition to the next in the absence of statutory changes that might
otherwise require more significant revisions. Further, under the
Paperwork Reduction Act of 1995, an agency must obtain OMB approval to
require responses to an information collection in less than 30 days. As
a result, under most circumstances respondents will have a minimum of
30 days to prepare applications and in most instances an even longer
period based on past practices. Over the previous four MSAP
competitions, applicants have actually had a minimum of 42 days from
the date of publication of the application notice to the application
due date in which to prepare applications, and an average of more than
60 days in which to prepare applications over the course of these four
competitions.
Change: None.
Section 280.31 What Selection Criteria Does the Secretary Use?
Comment: Two commenters addressed the amendment to Sec. 280.31
that removes the mandatory point values from the selection criteria in
this section of the MSAP regulations. One commenter expressed the
opinion that removing point values was not a good idea, however the
commenter offered no explanation of this position. The other commenter
sought clarification regarding whether a different set of point values
for selection criteria would be used.
Discussion: Removing the currently specified point values from the
selection criteria in Sec. 280.31 does not mean that point values will
not be used. As set forth in Sec. 280.30(e), there will continue to be
100 points awarded for the selection criteria. Removing the mandatory
point values merely provides the flexibility to assign specific point
values based on the selection criteria actually used in a particular
[[Page 10607]]
competition, consistent with the Department's approach for other
discretionary grant programs that use selection criteria from Sec.
75.210 and selection criteria based on the statute, as set forth in
Sec. 75.209, as well as selection criteria from program regulations.
Change: None.
Executive Order 12866
We have reviewed these final regulations in accordance with
Executive Order 12866. Under the terms of the order we have assessed
the potential costs and benefits of this regulatory action.
The potential costs associated with the final 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 these final regulations, we have determined that
the benefits of the regulations 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
We summarized the potential costs and benefits of these final
regulations in the preamble to the NPRM (71 FR 48867).
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 section of the regulations.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, we intend this document to provide
early notification of the Department's 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: March 6, 2007.
Morgan S. Brown,
Assistant Deputy Secretary for Innovation and Improvement.
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For the reasons discussed in the preamble, the Assistant Deputy
Secretary for Innovation and Improvement 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 continues to read as follows:
Authority: 20 U.S.C. 7231-7231j, unless otherwise noted.
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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.
(Approved by the Office of Management and Budget under control
number 1855-0011)
(Authority: 20 U.S.C. 7231-7231j)
Sec. 280.31 [Amended]
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3. Section 280.31 is amended:
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A. In the introductory text, by removing the word ``uses'' and adding,
in its place, the words ``may use''.
0
B. In paragraph (a) introductory text, by removing the parenthetical
``(25 points)''.
0
C. In paragraph (b) introductory text, by removing the parenthetical
``(10 points)''.
0
D. In paragraph (c) introductory text, by removing the parenthetical
``(35 points)''.
0
E. In paragraph (d) introductory text, by removing the parenthetical
``(5 points)''.
0
F. In paragraph (e) introductory text, by removing the parenthetical
``(15 points)''.
0
G. In paragraph (f) introductory text, by removing the parenthetical
``(10 points)''.
[FR Doc. E7-4270 Filed 3-8-07; 8:45 am]
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