FR Doc 04-7634
[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Notices]
[Page 17893-17895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-145]
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Part VIII
Department of Education
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Improving Literacy Through School Libraries Program Overview
Information; Final Clarification of Eligible Local Act
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ivities and Inviting Applications for New Awards for Fiscal Year (FY)
2004; Notices
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DEPARTMENT OF EDUCATION
RIN 1810-ZA09
Notice of Final Clarification of Eligible Local Activities for
Improving Literacy Through School Libraries Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
SUMMARY: The Secretary clarifies the eligible local professional
development activities under the Improving Literacy Through School
Libraries Program so that school library media specialists can address
not only the needs of preschool children but also those of children in
grades K-3. The Secretary will use the clarification for the FY 2004
competition and in later years.
EFFECTIVE DATE: This clarification is effective May 5, 2004.
FOR FURTHER INFORMATION CONTACT: Irene Harwarth, U.S. Department of
Education, 400 Maryland Avenue, SW., 20202-6200. Telephone: (202) 401-
3751, or via the Internet: irene.harwarth@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: This clarification of eligible local
activities is established to allow professional development activities
for library media specialists to better address the reading needs of
students in grades K-3.
We published a notice of proposed priority and clarification of
eligible local activities for this program in the Federal Register on
January 13, 2004 (69 FR 1975). After considering the comments received,
the Secretary is clarifying the eligible local activities for the
program. The Secretary will not establish the proposed competitive
preference priority that reflected the importance of mastering reading
skills in grades K-3. Instead, the Secretary announces an invitational
priority for the FY 2004 competition as set forth in a notice inviting
applications for this program published elsewhere in this issue of the
Federal Register.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority
and clarification of eligible local activities, 15 parties submitted
comments on the proposed priority and clarification. An analysis of the
comments and of the withdrawal of the competitive preference priority
follows.
Generally, we do not address technical and other minor changes--and
suggested changes the law does not authorize us to make under the
applicable statutory authority.
Clarification of Eligible Local Activities
Comments: Several commenters supported the clarification of
eligible local activities that allowed services to benefit grades K-3
as well as preschool. The commenters further recommended that
professional development benefiting grades 4-12 also be made an
eligible local activity.
Discussion: The statute authorizing the Improving Literacy Through
School Libraries Program allows funds to be used for a number of
activities designed to improve student literacy skills and academic
achievement through the improvement of school libraries. Our
interpretation of the program statute is that Congress intended that
funds under this program be used to benefit children in any of the
grades K-12 with respect to all of the authorized program activities,
except professional development. This is because the statutory
provision authorizing the use of funds for professional development,
unlike other comparable statutory provisions, speaks specifically of
professional development only to benefit library media specialists that
serve preschool age children. The statute's legislative history,
however, supports the use of funds for professional development to
benefit children in grades K-3, as well as preschool children.
Therefore, while the legislative history supports professional
development benefiting grades K-3, it also indicates that it is not
preferable to interpret the statute even more broadly to allow
professional development benefiting grades 4-12.
Changes: None.
Competitive Preference Priority
Comments: Some commenters were supportive of the proposed
competitive preference priority that would award an extra five points
to projects primarily serving grades K-3 (``primarily'' means that more
than 50 percent of an applicant's proposed budget would be used for
grades K-3). Other commenters were critical of the competitive
preference priority. Some commenters stressed that students in grades
higher than K-3 are also at risk academically, and that funds may be
needed to respond to higher standards and statewide assessments at
grades 4-12. Other commenters stated that funds are necessary to
sustain academic gains from strong reading programs already established
at the K-3 level.
Discussion: After considering public comment, the Secretary
believes that it is unnecessary to establish a competitive preference
priority because the Secretary would not wish to discourage
applications that meet the needs of grades 4-12. Instead, an
invitational priority is established in the notice inviting
applications for FY 2004, published elsewhere in this issue of the
Federal Register.
Changes: No competitive preference priority will be established.
Clarification of Eligible Local Activities
The Secretary allows grantees to conduct professional development
activities for school library media specialists that further the
purposes of the program, not only as related to preschool education,
but also related to education benefiting children in grades K-3. This
is consistent with our interpretation of the statute and its
legislative history. The Secretary believes that allowing professional
development for school library media specialists benefiting children
from preschool through grade 3 can help link projects under this
program with efforts such as those funded under the Early Reading First
program authorized by section 1221 et seq. of the Elementary and
Secondary Education Act of 1965, as amended (ESEA), that benefit
teachers of preschool children, and under the Reading First program
authorized by section 1201 et seq. of the ESEA that benefit teachers of
K-3 children. Professional development for school library media
specialists that serve children from preschool through grade 3 will
assist these specialists and help them better meet the needs of
students and fellow educators.
Executive Order 12866
This clarification of eligible local activities has been reviewed
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 clarification of eligible
local activities are those resulting from statutory requirements and
those we have determined as necessary for administering this program
effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this clarification of eligible local activities, we
have determined that the benefits of the
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clarification of eligible local activities justify the costs.
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.
Applicable Program Regulations: 34 CFR parts 75, 77, 79, 80, 81,
82, 84, 85, 97, 98 and 99.
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 at the Applicant
Information link of the following site: http://www.ed.gov/programs/lsl.
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 84.364A Improving
Literacy Through School Libraries Program)
Program Authority: 20 U.S.C. 6383.
Dated: March 31, 2004.
Raymond J. Simon,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 04-7634 Filed 4-2-04; 8:45 am]
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