FR Doc E9-1524[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4161-4165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja09-31]
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DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education; Overview
Information: Native Hawaiian Education Program; Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2009
Catalog of Federal Domestic Assistance (CFDA) Number: 84.362A.
DATES:
Applications Available: January 23, 2009.
Deadline for Transmittal of Applications: March 24, 2009.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purpose of the Native Hawaiian Education
program is to support innovative projects that enhance the educational
services provided to Native Hawaiian children and adults. These
projects may include those activities authorized under section
7205(a)(3) of the Elementary and Secondary Education Act of 1965, as
amended (ESEA).
Note: Construction, renovation, or modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body will be a permissible activity under this
competition only if Congress specifically authorizes the use of FY
2009 funds for that purpose.
Priorities: In accordance with 34 CFR 75.105(b)(2)(iv), competitive
preference priorities (a) through (d) are from section 7205(a)(2) of
the ESEA (20 U.S.C. 7515(a)(2)). Competitive preference priority (e) is
from the notice of final discretionary grant priorities for FY 2009,
published in the Federal Register on November 21, 2008 (73 FR 70627).
Competitive Preference Priorities: For FY 2009 and any subsequent
year in which we make awards from the list of unfunded applicants from
this competition, these priorities are competitive preference
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional
five points (total) to an application, depending on how well the
application meets one or more of these priorities.
These priorities are:
(a) Projects that are designed to address beginning reading and
literacy among students in kindergarten through third grade.
(b) Projects that are designed to address the needs of at-risk
children and youth.
(c) Projects that are designed to address the needs in fields or
disciplines in which Native Hawaiians are underemployed.
(d) Projects that are designed to address the use of the Hawaiian
language in instruction.
(e) Projects that support activities and interventions aimed at
improving the academic achievement of secondary school students who are
at greatest risk of not meeting challenging State academic standards
and not completing high school.
Note: In order to receive additional points under a competitive
preference priority, an application should provide adequate and
sufficient information that clearly substantiates its claim that it
meets each priority addressed.
Program Authority: 20 U.S.C. 7511-7517.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81,
82, 84, 85, 86, 97, 98, and 99. (b) The notice of final discretionary
grant priorities for FY 2009, published in the Federal Register on
November 21, 2008 (73 FR 70627).
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
II. Award Information
Type of Award: Discretionary grant.
Estimated Available Funds: The Administration's budget request for
FY 2009 does not include funds for this program. However, we are
inviting applications to allow enough time to complete the grant
process before the end of the current fiscal year if Congress
appropriates funds for this program.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in FY 2010 from the list of
unfunded applicants from this competition.
[[Page 4162]]
Estimated Range of Awards: $250,000-$950,000.
Estimated Average Size of Awards: $425,000.
Estimated Number of Awards: 21 (7 for novice applicants; 14 for
non-novice applicants, including previous grantees under the Native
Hawaiian Education program). The Department will rank and fund two
groups of applicants separately: The novice applicants will comprise
one group, and non-novice applicants will comprise the second group. If
we do not receive a sufficient number of high-quality applications from
novice applicants, funds set aside for novice applicants may be used to
fund non-novice applicants, including previous grantees under the
Native Hawaiian Education Program. Further information regarding our
review of these two groups of applications, including the definition of
novice applicant, is in section V.2. of this notice.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 36 months.
III. Eligibility Information
1. Eligible Applicants: Native Hawaiian educational organizations;
Native Hawaiian community-based organizations; public and private
nonprofit organizations, agencies, and institutions with experience in
developing or operating Native Hawaiian programs or programs of
instruction in the Native Hawaiian language; and consortia of the
previously mentioned organizations, agencies, and institutions.
2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
IV. Application and Submission Information
1. Address to Request Application Package: You can obtain an
application package via the Internet, or from the program office. To
obtain a copy via the Internet, use either of the following addresses:
www.grants.gov or www.ed.gov/programs/nathawaiian/applicant.html.
To obtain a copy from the program office, contact: Joanne Osborne,
U.S. Department of Education, 400 Maryland Avenue, SW., room 3E214,
Washington, DC 20202-6200. Telephone: (202) 401-1265 or by e-mail:
joanne.osborne@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain a copy of the application
package in an accessible format (e.g., Braille, large print, audiotape,
or computer diskette) by contacting the program contact person listed
in this section.
2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this competition.
Page Limit: The application narrative is where you, the applicant,
address the selection criteria that reviewers use to evaluate your
application. You must limit the application narrative to no more than
25 pages, using the following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, except titles, headings,
footnotes, quotations, references, captions, and all text in charts,
tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial. An application submitted in any other font
(including Times Roman or Arial Narrow) will not be accepted.
The page limit does not apply to the cover sheet; the budget
section, including the narrative budget justification; the assurances
and certifications; the abstract; the resumes; or the appendices.
However, the page limit does apply to all of the application narrative
section.
Our reviewers will not read any pages of your application that
exceed the page limit.
3. Submission Dates and Times:
Applications Available: January 23, 2009.
Deadline for Transmittal of Applications: March 24, 2009.
Applications for grants under this competition must be submitted
electronically using the Grants.gov Apply site (Grants.gov). For
information (including dates and times) about how to submit your
application electronically, or in paper format by mail or hand delivery
if you qualify for an exception to the electronic submission
requirement, please refer to section IV. 6. Other Submission
Requirements of this notice.
We do not consider an application that does not comply with the
deadline requirements.
Individuals with disabilities who need an accommodation or
auxiliary aid in connection with the application process should contact
the person listed under FOR FURTHER INFORMATION CONTACT in section VII
of this notice. If the Department provides an accommodation or
auxiliary aid to an individual with a disability in connection with the
application process, the individual's application remains subject to
all other requirements and limitations in this notice.
4. Intergovernmental Review: This competition is not subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
5. Funding Restrictions: Under section 7205(b) of the ESEA, not
more than five percent of funds provided to a grantee under this
competition for any fiscal year may be used for administrative
purposes. We reference additional regulations outlining funding
restrictions in the Applicable Regulations section of this notice.
6. Other Submission Requirements: Applications for grants under
this competition must be submitted electronically unless you qualify
for an exception to this requirement in accordance with the
instructions in this section.
a. Electronic Submission of Applications.
Applications for grants under the Native Hawaiian Education
program, CFDA Number 84.362A, must be submitted electronically using
the Governmentwide Grants.gov Apply site at www.Grants.gov. Through
this site, you will be able to download a copy of the application
package, complete it offline, and then upload and submit your
application. You may not e-mail an electronic copy of a grant
application to us.
We will reject your application if you submit it in paper format
unless, as described elsewhere in this section, you qualify for one of
the exceptions to the electronic submission requirement and submit, no
later than two weeks before the application deadline date, a written
statement to the Department that you qualify for one of these
exceptions. Further information regarding calculation of the date that
is two weeks before the application deadline date is provided later in
this section under Exception to Electronic Submission Requirement.
You may access the electronic grant application for the Native
Hawaiian Education program at www.Grants.gov. You must search for the
downloadable application package for this competition by the CFDA
number. Do not include the CFDA number's alpha suffix in your search
(e.g., search for 84.362, not 84.362A).
[[Page 4163]]
Please note the following:
When you enter the Grants.gov site, you will find
information about submitting an application electronically through the
site, as well as the hours of operation.
Applications received by Grants.gov are date and time
stamped. Your application must be fully uploaded and submitted and must
be date and time stamped by the Grants.gov system no later than 4:30:00
p.m., Washington, DC time, on the application deadline date. Except as
otherwise noted in this section, we will not accept your application if
it is received--that is, date and time stamped by the Grants.gov
system--after 4:30:00 p.m., Washington, DC time, on the application
deadline date. We do not consider an application that does not comply
with the deadline requirements. When we retrieve your application from
Grants.gov, we will notify you if we are rejecting your application
because it was date and time stamped by the Grants.gov system after
4:30:00 p.m., Washington, DC time, on the application deadline date.
The amount of time it can take to upload an application
will vary depending on a variety of factors, including the size of the
application and the speed of your Internet connection. Therefore, we
strongly recommend that you do not wait until the application deadline
date to begin the submission process through Grants.gov.
You should review and follow the Education Submission
Procedures for submitting an application through Grants.gov that are
included in the application package for this competition to ensure that
you submit your application in a timely manner to the Grants.gov
system. You can also find the Education Submission Procedures
pertaining to Grants.gov at
http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.
To submit your application via Grants.gov, you must
complete all steps in the Grants.gov registration process (see
www.grants.gov/applicants/get_registered.jsp). These steps include (1)
registering your organization, a multi-part process that includes
registration with the Central Contractor Registry (CCR); (2)
registering yourself as an Authorized Organization Representative
(AOR); and (3) getting authorized as an AOR by your organization.
Details on these steps are outlined in the Grants.gov 3-Step
Registration Guide (see
www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).
You also must provide on your
application the same D-U-N-S Number used with this registration. Please
note that the registration process may take five or more business days
to complete, and you must have completed all registration steps to
allow you to submit successfully an application via Grants.gov. In
addition you will need to update your CCR registration on an annual
basis. This may take three or more business days to complete.
You will not receive additional point value because you
submit your application in electronic format, nor will we penalize you
if you qualify for an exception to the electronic submission
requirement, as described elsewhere in this section, and submit your
application in paper format.
You must submit all documents electronically, including
all information you typically provide on the following forms:
Application for Federal Assistance (SF 424), the Department of
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and
certifications.
You must attach any narrative sections of your application
as files in a .DOC (document), .RTF (rich text), or .PDF (Portable
Document) format. If you upload a file type other than the three file
types specified in this paragraph or submit a password-protected file,
we will not review that material.
Your electronic application must comply with any page-
limit requirements described in this notice.
After you electronically submit your application, you will
receive from Grants.gov an automatic notification of receipt that
contains a Grants.gov tracking number. (This notification indicates
receipt by Grants.gov only, not receipt by the Department.) The
Department then will retrieve your application from Grants.gov and send
a second notification to you by e-mail. This second notification
indicates that the Department has received your application and has
assigned your application a PR/Award number (an ED-specified
identifying number unique to your application).
We may request that you provide us original signatures on
forms at a later date.
Application Deadline Date Extension in Case of Technical Issues
with the Grants.gov System: If you are experiencing problems submitting
your application through Grants.gov, please contact the Grants.gov
Support Desk, toll free, at 1-800-518-4726. You must obtain a
Grants.gov Support Desk Case Number and must keep a record of it.
If you are prevented from electronically submitting your
application on the application deadline date because of technical
problems with the Grants.gov system, we will grant you an extension
until 4:30:00 p.m., Washington, DC, time, the following business day to
enable you to transmit your application electronically or by hand
delivery. You also may mail your application by following the mailing
instructions described elsewhere in this notice.
If you submit an application after 4:30:00 p.m., Washington, DC
time, on the application deadline date, please contact the person
listed under FOR FURTHER INFORMATION CONTACT in section VII of this
notice and provide an explanation of the technical problem you
experienced with Grants.gov, along with the Grants.gov Support Desk
Case Number. We will accept your application if we can confirm that a
technical problem occurred with the Grants.gov system and that that
problem affected your ability to submit your application by 4:30:00
p.m., Washington, DC time, on the application deadline date. The
Department will contact you after a determination is made on whether
your application will be accepted.
Note: The extensions to which we refer in this section apply
only to the unavailability of, or technical problems with, the
Grants.gov system. We will not grant you an extension if you failed
to fully register to submit your application to Grants.gov before
the application deadline date and time or if the technical problem
you experienced is unrelated to the Grants.gov system.
Exception to Electronic Submission Requirement: You qualify for an
exception to the electronic submission requirement, and may submit your
application in paper format, if you are unable to submit an application
through the Grants.gov system because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
the Grants.gov system; and
No later than two weeks before the application deadline
date (14 calendar days or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an exception
prevent you from using the Internet to submit your application.
If you mail your written statement to the Department, it must be
postmarked no later than two weeks before the application deadline
date. If you fax your written statement to the Department, we must
receive the faxed statement no later than two weeks before the
application deadline date.
[[Page 4164]]
Address and mail or fax your statement to: Joanne Osborne, U.S.
Department of Education, 400 Maryland Avenue, SW., room 3E214,
Washington, DC 20202-6200. FAX: (202) 260-8969.
Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.
b. Submission of Paper Applications by Mail.
If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
(CFDA Number 84.362A) LBJ Basement Level 1, 400 Maryland Avenue, SW.,
Washington, DC 20202-4260.
You must show proof of mailing consisting of one of the following:
(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 of the
U.S. Department of Education.
If you mail your application through the U.S. Postal Service, we do
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.
If your application is postmarked after the application deadline
date, we will not consider your application.
Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.
c. Submission of Paper Applications by Hand Delivery.
If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original
and two copies of your application by hand, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
(CFDA Number 84.362A) 550 12th Street, SW., Room 7041, Potomac Center
Plaza, Washington, DC 20202-4260.
The Application Control Center accepts hand deliveries daily between
8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays,
Sundays, and Federal holidays.
Note for Mail or Hand Delivery of Paper Applications: If you
mail or hand deliver your application to the Department--
(1) You must indicate on the envelope and--if not provided by
the Department--in Item 11 of the SF 424 the CFDA number, including
suffix letter, if any, of the competition under which you are
submitting your application; and
(2) The Application Control Center will mail to you a
notification of receipt of your grant application. If you do not
receive this notification within 15 business days from the
application deadline date, you should call the U.S. Department of
Education Application Control Center at (202) 245-6288.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 75.210. The maximum possible score for all criteria is
100 points. The maximum possible score for each criterion is indicated
in parentheses. The selection criteria for this competition are as
follows:
a. Need for project (10 points). The Secretary considers the need
for the proposed 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; and (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.
b. Quality of the project design (30 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
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; (ii) the extent to
which the design of the proposed project reflects up-to-date knowledge
from research and effective practice; (iii) the extent to which the
proposed project will establish linkages with other appropriate
agencies and organizations providing services to the target population;
and (iv) the extent to which the proposed project is part of a
comprehensive effort to improve teaching and learning and support
rigorous academic standards for students.
c. Quality of project services (15 points). The Secretary considers
the quality of the services to be provided by the proposed project. 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. In addition, the Secretary considers the following factors:
(i) The likely impact of the services to be provided by the proposed
project on the intended recipients of those services; (ii) the
likelihood that the services to be provided by the proposed project
will lead to improvements in the achievement of students as measured
against rigorous academic standards; and (iii) the extent to which the
services to be provided by the proposed project involve the
collaboration of appropriate partners for maximizing the effectiveness
of project services.
d. Quality of the management plan (20 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 procedures for ensuring feedback and continuous improvement
in the operation of the proposed project; (ii) the adequacy of
mechanisms for ensuring high-quality products and services from the
proposed project; and (iii) 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.
e. Adequacy of Resources (5 points). The Secretary considers the
adequacy of resources for the proposed project. In determining the
adequacy of resources for the proposed project, the Secretary considers
the following factors: (i) The relevance and demonstrated commitment of
each partner in the proposed project to the implementation and success
of the project; (ii) the extent to which the costs are reasonable in
relation to the number of persons to be served and to the anticipated
results and benefits; and (iii) the potential for continued support of
the project after Federal funding ends, including, as appropriate, the
demonstrated commitment of appropriate entities to such support.
[[Page 4165]]
f. Quality of the project evaluation (20 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 provide for examining the effectiveness of project
implementation strategies; and (ii) the extent to which the methods of
evaluation will provide timely guidance for quality assurance.
2. Review of Applications--Novice Applicants and Non-Novice
Applicants. The Department will rank and fund two groups of applicants
separately: novice applicants will comprise one group, and non-novice
applicants, including previous grantees under the Native Hawaiian
Education program, will comprise the second group. If we do not receive
a sufficient number of high quality applications from novice
applicants, funds set aside for novice applicants may be used to fund
applications submitted by non-novice applicants.
An applicant is considered a ``novice applicant'' if it meets the
following criteria in 34 CFR 75.225(a)(1) and (b):
The applicant must--
(i) Have never received a grant or subgrant under the Native
Hawaiian Education program;
(ii) Have never been a member of a group application, submitted in
accordance with 34 CFR 75.127 through 75.129, that received a grant
under the Native Hawaiian Education program; and
(iii) Have not had an active discretionary grant from the Federal
Government in the five years before the deadline date for applications
in this competition. For purposes of this requirement, a grant is
active until the end of the grant's project or funding period,
including any extensions of those periods that extend the grantee's
authority to obligate funds.
34 CFR 75.225(a)(2) addresses the requirements for group
applications submitted by novice applicants. In the case of a group
application submitted in accordance with 34 CFR 75.127 through 75.129,
each group member must meet the requirements in 34 CFR 75.225(a)(1) and
(b), previously described in this section of the notice, in order to
qualify as a novice applicant.
All applicants should follow the instructions in the application
package to ensure they properly indicate in their application their
status as a novice or non-novice applicant.
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN). We may notify you informally, also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Reporting: At the end of your project period, you must submit a
final performance report, including financial information, as directed
by the Secretary. If you receive a multi-year award, you must submit an
annual performance report that provides the most current performance
and financial expenditure information as directed by the Secretary
under 34 CFR 75.118. The Secretary may also require more frequent
performance reports under 34 CFR 75.720(c). For specific requirements
on reporting, please go to
www.ed.gov/fund/grant/apply/appforms/appforms.html.
4. Performance Measures: Under the Government Performance and
Results Act of 1993 (GPRA), the Department has developed the following
performance measures for evaluating the overall effectiveness of the
Native Hawaiian Education program:
(1) The percentage of Native Hawaiian students in schools served by
the program who meet or exceed proficiency standards in reading,
mathematics, and science on the State assessments;
(2) The percentage of Native Hawaiian children participating in
early education programs who consistently demonstrate school readiness
in literacy as measured by the Hawaii School Readiness Assessment
(HSRA);
(3) The percentage of students in schools served by the program who
graduate from high school with a regular high school diploma in four
years; and
(4) The percentage of students participating in a Hawaiian language
program conducted under the Native Hawaiian Education Program who meet
or exceed proficiency standards in reading on a test of the Hawaiian
language.
All grantees will be expected to submit an annual performance
report that includes data addressing these performance measures, to the
extent that they apply to the grantee's project.
VII. Agency Contact
For Further Information Contact: Joanne Osborne, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3E214, Washington, DC 20202-
6200. Telephone: (202) 401-1265 or by e-mail: joanne.osborne@ed.gov.
If you use a TDD, call the FRS, toll free, at 1-800-877-8339.
VIII. Other Information
Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., Braille, large print, audiotape, or computer diskette) on
request to the program contact person listed under FOR FURTHER
INFORMATION CONTACT in section VII of this notice.
Electronic Access to This Document: You can view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: 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.
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:
gpoaccess.gov/nara/index.html.
Dated: January 16, 2009.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. E9-1524 Filed 1-22-09; 8:45 am]
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