[Federal Register: October 22, 1999 (Volume 64, Number 204)]
[Proposed Rules]
[Page 57287-57291]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc99-26]
[[Page 57287]]
_______________________________________________________________________
Part III
Department of Education
_______________________________________________________________________
34 CFR Part 614
Preparing Tomorrow's Teachers To Use Technology; Proposed Rule
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DEPARTMENT OF EDUCATION
34 CFR Part 614
RIN 1840-AC81
Preparing Tomorrow's Teachers to Use Technology
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes regulations for the Preparing
Tomorrow's Teachers to Use Technology program, which provides grants to
consortia that help future teachers become proficient in the use of
modern learning technologies. This program provides support for two
types of grants: Implementation grants and Catalyst grants.
DATES: We must receive your comments on or before November 22, 1999.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to: Mary Gonzales, US Department of Education, 1990 K Street,
NW., Room 6153, Washington, DC 20006. Comments may also be sent through
the Internet to: Teacher__Technology@ed.gov
You should include the term ``Regulations for Preparing Tomorrow's
Teachers to Use Technology'' in the subject line of your electronic
message.
If you want to comment on the information collection requirements
in the application package associated with these regulations you must
send your comments to the Office of Management and Budget (OMB) at the
address listed in the Paperwork Reduction Act section of this preamble.
You may also send a copy of these comments to the Department
representative named in this section.
FOR FURTHER INFORMATION CONTACT: Mary Gonzales, Office of Postsecondary
Education, 1990 K Street, NW., Room 6153, Washington, DC. 20006.
Telephone: (202) 260-1365. If you use a telecommunications device for
the deaf (TDD), you may call the TDD number at (202) 401-3664.
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 in the preceding
paragraph.
SUPPLEMENTARY INFORMATION:
Invitation to Comment:
We invite you to submit comments regarding these proposed
regulations.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
regulations. Please let us know of any further opportunities we should
take to reduce potential costs or increase potential benefits while
preserving the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about these proposed regulations in Room 6153, 1990 K Street,
NW., Washington, DC. 20006, between the hours of 8:30 a.m. and 4 p.m.,
Eastern time, Monday through Friday of each week except Federal
holidays.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an appropriate aid, such as a reader or
printer magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, you may call (202) 205-
8113 or (202) 260-9895. If you use a TDD, you may call the Federal
Information Relay Service at 1-800-877-8339.
Background
Teacher preparation is emerging as a critical factor limiting the
contributions of new technologies to improved learning. Federal, State
and local agencies are investing billions of dollars to equip schools
with computers and modern communications networks. However, despite
these investments, only 20 percent of the 2.5 million current public
school teachers feel comfortable using technology in their classrooms.
The proposed regulations are necessary to focus available funds on
projects that train teachers to become technology-proficient educators,
who are well prepared to help all students meet high standards. Grants
made under this program would assist teacher preparation programs that
are integrating modern technologies into the curriculum to meet the
nation's technology literacy challenge.
Section 614.1 of the proposed regulations would outline the purpose
of the Preparing Tomorrow's Teachers to Use Technology program. Under
Sec. 614.1, the purpose of grants under this program would be to help
future teachers to become proficient in the use of modern learning
technologies. The proposed regulations would limit grants made under
this program to support training for pre-service teachers. Section
614.1 would prohibit the use of grant funds for in-service training, or
for continuing education for currently certified teachers. While we
recognize that retraining currently certified teachers is an important
objective, in less than a decade over two million teachers must be
recruited to replace retiring teachers, to meet increasing student
enrollment demands, and to achieve smaller class sizes. Therefore, we
believe that an emphasis on training preservice teachers is the most
effective way to use limited Federal funds.
Section 614.2 of the proposed regulations would define the eligible
applicants for the program. Under Sec. 614.2, an eligible applicant
would be a consortium composed of at least two or more organizations
that could include: institutions of higher education (IHEs), schools of
education, community colleges, State educational agencies (SEAs), local
educational agencies (LEAs), private elementary or secondary schools,
professional associations, foundations, museums, libraries, private
sector businesses, public or private nonprofit organizations,
community-based organizations, or any other entity able to contribute
to the teacher preparation program reforms that produce technology-
proficient educators. Innovative ideas for training prospective
teachers must enable applicants to draw upon the commitments and
expertise of multiple organizational resources. We believe that
requiring the formation of consortia will help promote improved teacher
preparation within established institutions and foster more
collaboration across disciplines and among higher education, elementary
and secondary schools, and the private sector. Teacher preparation
programs are strongly encouraged to form partnerships with technology-
rich K-12 schools that can provide postsecondary faculty and
prospective teachers with hands-on learning opportunities in well-
equipped classrooms.
Section 614.3 of the proposed regulations would outline the
regulations that would apply to this program. Section 614.3(a) would
list the regulations from the Education Department's General
Administrative Regulations that would apply to the program, and
Sec. 614.3(b) would reference these proposed regulations.
The proposed regulations in Sec. 614.4 would require that the lead
applicant for the consortium be a nonprofit member of the consortium,
and that only the lead applicant could serve as the fiscal agent for
the consortium, to best ensure accountability.
[[Page 57289]]
Section 614.5 of the proposed regulations would establish the
matching requirements for consortia. The proposed regulations would
require that the Federal share of the cost of the project could not be
more than fifty percent of the total project cost for each budget
period. This matching requirement will help ensure sustained community
support, even after Federal grant money is gone. Requiring the
consortia to provide some funding will allow more consortia and,
therefore, more innovative strategies, to be funded.
Section 614.6 of the proposed regulations would limit the maximum
indirect cost rate for all consortium partners and any cost-type
contract made under these grants to eight percent of a modified total
direct cost base or the partner's negotiated indirect cost rate,
whichever rate is lower. Indirect costs are charges that are incurred
by so many programs or cost objectives that it would be either
impossible or prohibitively expensive to calculate the precise amount
of charges allocable to a particular program or grant activity.
Examples of typical indirect costs are heat, electricity and other
utilities, building services and depreciation, and general
administration.
Generally, the formula for determining the amount of indirect costs
that may be charged to any grant is based on application of a
negotiated indirect cost rate to the grant's direct costs. Thus, the
higher the indirect cost rate the more grant funds that will be charged
for these ``overhead'' expenses, and the fewer grant funds that remain
available for the costs of direct services. While recognizing the
legitimacy of indirect costs, we believe that having these large
amounts of funds compensate partners for their general overhead and
related expenses is inconsistent with the purpose of the program. We
believe that the eight percent maximum on indirect cost reimbursement
is a fair percentage for partners in the consortia, which still allows
significant funds to be available for direct grant services.
Section 614.7 of the proposed regulations would prohibit the use of
Federal grant funds under this program to pay for student financial
assistance, such as scholarships, stipends, or other financial aid
incentives to recruit future teachers or to subsidize the costs of
their education. Individual financial aid incentives like these would
not support the development of innovative program improvements for
preparing technology-proficient future educators, to meet the rapidly
increasing demand for well-prepared teachers during the next decade, as
required by Sec. 614.1. We also believe that using funds under this
program for these financial aid incentives would be duplicative of
other financial aid sources.
Section 614.8 of the proposed regulations would require that the
applications be received by the deadline date that will be announced in
a separate notice in the Federal Register. This will help facilitate an
efficient, yet thorough, review process.
Clarity of the Regulations
Executive Order 12866 and the President's Memorandum June 1, 1998
on ``Plain Language in Government Writing'' require each agency to
write regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following: Are the requirements in the proposed regulations
clearly stated?
* Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
* Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
* Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections? (A ``section'' is
preceded by the symbol ``Sec. '' and a numbered heading; for example,
Sec. 614.3 What regulations apply?)
* Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
* What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Department could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities. Entities that would be affected by these regulations are
States and State agencies, local educational agencies (LEAs), local
community organizations, and Institutions of higher education. States
and State agencies are not ``small entities'' under the Regulatory
Flexibility Act.
Institutions of higher education are defined as ``small entities,''
according to U.S. Small Business Administration Size Standards, if they
are for-profit or nonprofit institutions with total annual revenue
below $5,000,000 or if they are institutions controlled by governmental
entities with populations below 50,000. Small LEAs and local community
organizations are small entities for the purposes of the Regulatory
Flexibility Act. These proposed regulations would not have a
significant economic impact on the small entities affected because the
regulations would not impose excessive regulatory burdens or require
unnecessary Federal supervision.
The regulations would impose minimal requirements to ensure the
proper expenditure of program funds.
Paperwork Reduction Act of 1995
Although these regulations do not contain any information
collection requirements, there is an application package associated
with these regulations that does provide for information collection.
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the
Department of Education has submitted a copy of the application package
to OMB for its review and is requesting approval from OMB for the forms
and information used to apply for new grants under this program.
Collection of Information: Discretionary Grant Programs--
Application Package for Preparing Tomorrow's Teachers to Use Technology
Discretionary Grant Program.
The package would apply to two types of grants, Implementation and
Catalyst grants. Grants would be awarded to prepare future teachers to
utilize modern learning technologies throughout the teaching
curriculum. Three critical issues in the use of technology would be
addressed by the grants: access to modern educational tools, support in
the preparation of well-qualified, technology proficient teachers, and
bridging the digital divide to ensure access to modern learning
technologies and qualified teachers for all students.
The likely respondents would be State, local, or tribal governments
or agencies; businesses or other for-profit agencies; nonprofit
institutions; small businesses or organizations; State, local, or
Tribal Government educational agencies; public and private schools,
school districts, and institutions of higher education.
This collection of information is necessary for applicants to apply
for new grants under the Preparing Tomorrow's Teachers to Use
Technology program, authorized under Title III, section 3122 of the
Improving
[[Page 57290]]
America's Schools Act of 1994. Grants will be awarded on the basis of
competitively reviewed applications submitted to the U.S. Department of
Education, Office of Postsecondary Education (OPE), Policy Planning and
Innovation (PPI), Preparing Tomorrow's Teachers to Use Technology
grants competition. Continued funding for each grant is based on
availability of funds and substantial progress in achieving project
objectives.
This application process occurs once each year to enable applicants
to compete for Federal funds annually appropriated by Congress. This
once-a-year application is necessary to award the annual
appropriations.
The total annual public reporting and recordkeeping burden for this
information collection is twenty hours per application. We anticipate
that there will be 500 respondents (400 applications for Implementation
Grants, and 100 applications for Catalyst grants), for a total burden
of 10,000 hours.
If you want to comment on the information collection requirements,
please send your comments to the Office of Information and Regulatory
Affairs, OMB, room 10235, New Executive Office Building, Washington, DC
20503; Attention: Desk Officer for U.S. Department of Education. You
may also send a copy of these comments to the Department representative
named in the ADDRESSES section of this preamble.
We consider your comments on this proposed collection of
information in--
* Deciding whether the proposed collection is necessary for
the proper performance of our functions, including whether the
information will have practical use;
* Evaluating the accuracy of our estimate of the burden of
the proposed collection, including the validity of our methodology and
assumptions;
* Enhancing the quality, usefulness, and clarity of the
information we collect; and
* Minimizing the burden on those who must respond. This
includes exploring the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology; e.g., permitting electronic submission of
responses.
OMB is required to make a decision concerning the collection of
information associated with these proposed regulations between 30 and
60 days after publication of this document in the Federal Register.
Therefore, to ensure that OMB gives your comments full consideration,
it is important that OMB receives the comments within 30 days of
publication. This does not affect the deadline for your comments to us
on the proposed 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
The Secretary particularly requests comments on whether these
proposed regulations would 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 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 previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO), toll free, at 1-888-293-6498; or in 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 of Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html
(Catalog of Federal Domestic Assistance Number: 84.342, Preparing
Tomorrow's Teachers to Use Technology program.)
List of Subjects in 34 CFR Part 614
Colleges and universities, Grant programs-education, Recordkeeping
requirements.
(Program Authority: 20 U.S.C. 6832)
Dated: October 14, 1999.
Claudio R. Prieto,
Acting Assistant Secretary for Postsecondary Education.
For the reasons stated in the preamble, the Secretary proposes to
amend Chapter VI of title 34 of the Code of Federal Regulations by
adding a new part 614 to read as follows:
PART 614--PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY
Sec.
614.1 What is the purpose of the Preparing Tomorrow's Teachers to
Use Technology program?
614.2 Who is eligible for an award?
614.3 What regulations apply to this program?
614.4 Which member of the consortium must act as the lead applicant
and fiscal agent?
614.5 What are the matching requirements for the consortia?
614.6 What is the maximum indirect cost rate for all consortium
members and any cost-type contract?
614.7 What prohibitions apply to the use of grant funds under this
program?
614.8 What is the significance of the deadline for applications?
Authority: 20 U.S.C. 6832, unless otherwise noted.
Sec. 614.1 What is the purpose of the Preparing Tomorrow's Teachers to
Use Technology program?
(a) This program provides grants to help future teachers become
proficient in the use of modern learning technologies and to support
training for pre-service teachers.
(b) A grantee may not use funds under this program for in-service
training or continuing education for currently certified teachers.
(Authority: 20 U.S.C. 6832)
Sec. 614.2 Who is eligible for an award?
(a) Except as provided in paragraph (b) of this section, an
eligible applicant is a consortium that includes at least two or more
of the following: institutions of higher education, schools of
education, community colleges, State educational agencies, local
educational agencies, private elementary or secondary schools,
professional associations, foundations, museums, libraries, private
sector businesses, public or private nonprofit organizations, community
based organizations, or any other entities able to contribute to
teacher preparation program reforms that produce technology-proficient
teachers.
(b) At least one member of the consortium must be a nonprofit
entity.
(Authority: 20 U.S.C. 6832)
Sec. 614.3 What regulations apply to this program?
The following regulations apply to Preparing Tomorrow's Teachers to
Use Technology:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
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(1) 34 CFR part 74 (Administration of Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations).
(2) 34 CFR part 75 (Direct Grant Programs), except for Sec. 75.102.
(3) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(6) 34 CFR part 81 (General Education Provisions Act--Enforcement).
(7) 34 CFR part 82 (New Restrictions on Lobbying).
(8) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(9) 34 CFR part 86 (Drug-Free Schools and Campuses).
(10) 34 CFR part 97 (Protection of Human Subjects).
(11) 34 CFR part 98 (Student Rights in Research, Experimental
Programs and Testing).
(12) 34 CFR part 99 (Family Educational Rights and Privacy).
(b) The regulations in this part 614.
(Authority: 20 U.S.C. 6832)
Sec. 614.4 Which member of the consortium must act as the lead
applicant and fiscal agent?
(a) For purposes of 34 CFR 75.127, the lead applicant for the
consortium must be a nonprofit member of the consortium.
(b) The lead applicant must serve as the fiscal agent.
(Authority: 20 U.S.C. 6832)
Sec. 614.5 What are the matching requirements for the consortia?
A consortium must provide at least 50 percent of the total project
cost per budget period of the project using non-Federal funds.
(Authority: 20 U.S.C. 6832)
Sec. 614.6 What is the maximum indirect cost rate for all consortium
members and any cost-type contract?
(a) The maximum indirect cost rate for all consortium partners and
any cost-type contract made under these grants is eight percent of a
modified total direct cost base or the partner's negotiated indirect
cost rate, whichever rate is lower.
(b) For purposes of this section, a modified total direct cost base
is total direct costs less stipends, tuition, and related fees, and
capital expenditures of $5,000 or more.
(c) Indirect costs in excess of the maximum may not be--
(1) Charged as direct costs by the grantee;
(2) Used by the grantee to satisfy matching or cost sharing
requirements; or
(3) Charged by the grantee to another Federal award.
(Authority: 20 U.S.C. 6832)
Sec. 614.7 What prohibitions apply to the use of grant funds under
this program?
Grant funds may not be used--
(a) To recruit prospective teachers;
(b) To support the cost of a prospective teacher's education
through any form of financial aid assistance including scholarships,
internships, or student stipends; or
(c) For in-service training or continuing education for currently
certified teachers.
(Authority: 20 U.S.C. 6832)
Sec. 614.8 What is the significance of the deadline date for
applications?
Notwithstanding Sec. 75.102, an application for a grant under this
program must be received by the deadline date that will be announced in
a separate notice in the Federal Register.
(Authority: 20 U.S.C. 6832)
[FR Doc. 99-27454 Filed 10-21-99; 8:45 am]
BILLING CODE 4000-01-U