Office of Elementary and Secondary Education; Overview Information; Indian Education Formula Grants to Local Educational Agencies; Notice Inviting Applications for Fiscal Year (FY) 2009, 78755-78756 [E8-30466]
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
did not appeal and adopted the ALJ’s
decision. Following the ALJ’s opinion,
Complainant also alleged that the
opinion required the SLA to pay him for
his lost income at his former snack bar
facility until he was placed as the
manager of the new vending facility in
the main building of Charity Hospital.
For the period of November 1991
until July 1997, while managing the
snack bar, Complainant made monthly
utility payments, each in the amount of
$2,000, to Charity Hospital as directed
by the SLA. While there was no
requirement for Complainant to make
these payments under his Vendor
Operating Agreement with the SLA, the
permit agreement to operate the snack
bar between the SLA and Charity
Hospital contained a requirement that
the SLA would pay Charity Hospital for
utilities at the rate of $2,000 per month.
In March 2005, Complainant learned
that the SLA had reimbursed the
previous operator of the snack bar for
his utility payments to Charity Hospital.
At this time, Complainant believed that
he also was entitled to reimbursement
by the SLA of his utility payments to
Charity Hospital. Additionally,
Complainant believed that the SLA
should reimburse him for loss of income
when the snack bar was closed.
On May 27, 2005 Complainant filed a
request with the SLA to bypass the
administrative review process and
proceed with a state fair hearing on the
issues of reimbursement for utility
payments to Charity Hospital and loss of
income as the result of the snack bar
closure. On June 10, 2005, the
Administrative Law Judge Supervisor
denied Complainant’s hearing request,
citing time limitations for vendors to file
for a hearing with the SLA.
It was this decision Complainant
sought review of by a Federal arbitration
panel. Due to Hurricane Katrina, a
hearing on this matter was not held
until April 26, 2007.
According to the arbitration panel, the
issues to be resolved were as follows: (1)
Whether the Complainant is entitled to
reimbursement for utility payments paid
to Charity Hospital while he operated
the snack bar; and (2) whether
Complainant is entitled to recover lost
earnings from the time his snack bar
was closed in March 2004 until he was
given a new vending facility in
September 2004.
Arbitration Panel Decision
After reviewing all of the records and
hearing testimony of witnesses, the
panel majority ruled as follows: On
issue number one, the panel found that
the SLA was obligated to treat
Complainant in the same manner as the
VerDate Aug<31>2005
16:29 Dec 22, 2008
Jkt 217001
previous snack bar manager when it
reimbursed the previous snack bar
manager for utility payments paid to
Charity Hospital. Thus, the panel
majority directed that the SLA promptly
pay Complainant the sum of $138,000 as
reimbursement for utility payments
Complainant paid to Charity Hospital
while he was the licensed manager at
the snack bar facility for the period
November 1991 to March 2004.
Regarding issue number two, the
panel majority ruled that the SLA
complied with the June 2004 ruling of
the ALJ and expeditiously provided
Complainant with a new vending
facility in the main building of Charity
Hospital. However, the panel majority
concluded that the ALJ’s ruling did not
require the SLA to pay the Complainant
for lost earnings from the time he was
displaced from the snack bar facility
until the time he began to manage the
new facility. Hence, the panel majority
denied Complainant’s claim on the
merits, ruling that there was no basis for
the SLA to pay Complainant for lost
earnings from the time when the snack
bar facility closed until he was placed
in the new vending facility.
One panel member concurred in part
and dissented in part. The panel
member dissented from the panel
majority on issue number one stating
that, ‘‘the imposition of fees for utility
service upon blind vendors is not
prohibited by either state for federal
law.’’ The panel member concurred
with the panel majority on issue number
two in denying the payment of lost
earnings to Complainant.
The views and opinions expressed by
the panel do not necessarily represent
the views and opinions of the
Department.
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: https://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: https://www.gpoaccess.gov/nara/
index.html.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
78755
Dated: December 18, 2008.
Tracy R. Justesen,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. E8–30551 Filed 12–22–08; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary
Education; Overview Information;
Indian Education Formula Grants to
Local Educational Agencies; Notice
Inviting Applications for Fiscal Year
(FY) 2009
Catalog of Federal Domestic
Assistance (CFDA) Number: 84.060A.
DATES: Part I of the Formula Grant
Electronic Application System for
Indian Education (EASIE) Applications
Available: December 23, 2008.
Deadline for Transmittal of Part I
Applications: January 30, 2009.
Part II of the Formula Grant (EASIE)
Applications Available: March 16, 2009.
Deadline for Transmittal of Part II
Applications: April 22, 2009.
Applications not meeting the deadline
for Part I applications will not be
considered for funding in the initial
allocation of awards. Part II applications
or data submissions will be accepted
only from those eligible applicants that
meet the Part I application deadline.
Deadline for Intergovernmental
Review: June 22, 2009.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The Indian
Education Formula Grants to Local
Educational Agencies program provides
grants to support local educational
agencies (LEAs) and other eligible
entities described in this notice in their
efforts to reform and improve
elementary and secondary school
programs that serve Indian students.
The Department funds programs
designed to help Indian students meet
the same challenging State academic
content and student academic
achievement standards used for all
students. In addition, under section
7116 of the Elementary and Secondary
Education Act of 1965, as amended
(ESEA), the Secretary will, upon receipt
of an acceptable plan for the integration
of education and related services,
authorize the entity receiving the funds
under this program to consolidate, in
accordance with the entity’s plan, the
funds for any Federal program
exclusively serving Indian children, or
the funds reserved under any Federal
program to exclusively serve Indian
children, that are awarded under a
statutory or administrative formula to
the entity, for the purpose of providing
E:\FR\FM\23DEN1.SGM
23DEN1
78756
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
education and related services to Indian
students. Instructions for submitting an
integration of education and related
services plan are included in the EASIE
described elsewhere in this notice under
Application Process and Submission
Information.
Eligible Applicants: LEAs, including
charter schools authorized as LEAs
under State law, certain schools funded
by the Bureau of Indian Education of the
Department of the Interior, and Indian
tribes under certain conditions, as
prescribed by section 7112(c) of the
ESEA.
Application Process and Submission
Information: The application process for
the Indian Education Formula Grants to
Local Educational Agencies program
utilizes the Formula Grant EASIE, an
easy-to-use, electronic application
system. Formula Grant EASIE provides
special features that will progressively
enhance data availability and
performance reporting for applicants,
including the use of data from State
submissions to EDFacts, the
Department’s data collection system,
which contains performance
information from State educational
agencies about schools and Federal
education programs. To the extent that
your State has provided the necessary
EDFacts data files, Formula Grant
EASIE will be able to interface with
EDFacts and pull those LEA-specific
data into the application. Additionally,
this system allows the Department to
review applications and interact online
with applicants during the application
review and approval process.
Although you may download and
print sample forms from the system, the
application must be submitted
electronically through the Formula
Grant EASIE unless you do not have
Internet access and have made prior
arrangements with the Department. For
approval to submit a paper application,
you must contact the EDFacts Partner
Support Center (see the contact
information listed elsewhere in this
notice under FOR FURTHER INFORMATION
CONTACT) prior to the deadline for
transmittal of Part I or Part II
applications. If you are approved to
submit a paper application, you must
meet the submission deadlines included
in this notice.
Registration for Formula Grant EASIE
is required. For information on how to
register, contact the EDFacts Partner
Support Center listed elsewhere in this
notice under FOR FURTHER INFORMATION
CONTACT .
The Formula Grant EASIE application
is divided into two parts—Part I and
Part II.
VerDate Aug<31>2005
16:29 Dec 22, 2008
Jkt 217001
Part I, Student Count, provides the
appropriate data entry screens to submit
your Indian student count totals.
Part II, Program and Budget
Information, provides your award
amount based on the Indian student
count total submitted under Part I. Part
II also enables you to enter student
performance data, identify your
project’s services and activities, and
build a realistic program budget based
on a known grant amount. Based on
student assessment data, you will select
your program objectives and services
from a variety of menu options that
were designed with grantee input.
Estimated Available Funds: The
Administration has requested
$96,613,000 for this program for FY
2009. The actual level of funding, if any,
depends on final Congressional action.
However, we are inviting applications to
allow enough time to complete the grant
process if Congress appropriates funds
for this program.
Estimated Range of Awards: $4,000–
$2,000,000.
Estimated Average Size of Awards:
$75,775.
Estimated Number of Awards: 1,275.
Note: The Department is not bound by any
estimates in this notice and funding levels
may change based on final appropriations for
the program.
Project Period: 12 months.
Applicable Regulations: The
Education Department General
Administrative Regulations (EDGAR) in
34 CFR parts 75, 77, 79, 80, 81, 82, 84,
85, 86, 97, 98, and 99.
Note: The regulations in 34 CFR part 79
apply to all applicants except federally
recognized Indian tribes.
Performance Measures: The Secretary
has established the following key
performance measures for assessing the
effectiveness and efficiency of the
Indian Education Formula Grants to
Local Educational Agencies program: (1)
The percentage of American Indian and
Alaska Native students in grades four
and eight who score at or above the
basic level in reading on the National
Assessment of Educational Progress
(NAEP); (2) the percentage of American
Indian and Alaska Native students in
grades four and eight who score at or
above the basic level in mathematics on
the NAEP; (3) the percentage of
American Indian and Alaska Native
students in grades three through eight
meeting State performance standards by
scoring at the proficient or the advanced
levels in reading and mathematics on
State assessments; (4) the difference
between the percentages of American
Indian and Alaska Native students in
grades three through eight at the
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
proficient or advanced levels in reading
and mathematics on State assessments
and the percentage of all students
scoring at those levels; (5) the
percentage of American Indian and
Alaska Native students who graduate
from high school; and (6) the percentage
of funds used by grantees prior to award
close-out.
FOR FURTHER INFORMATION CONTACT:
Contact the EDFacts Partner Support
Center, telephone: 877–457–3336 (877–
HLP–EDEN) or by e-mail at:
eden_OIE@ed.gov .
If you use a telecommunications
device for the deaf (TDD), call the
EDFacts Partner Support Center, toll
free, at 1–888–403–3336 (888–403–
EDEN).
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) by
contacting the EDFacts Partner Support
Center.
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: https://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: https://www.gpoaccess.gov/nara/
index.html.
Program Authority: 20 U.S.C. 7421 et
seq.
Dated: December 17, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. E8–30466 Filed 12–22–08; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
National Board for Education Sciences
AGENCY: Department of Education,
Institute of Education Sciences.
ACTION: Notice of an open meeting.
SUMMARY: This notice sets forth the
schedule and proposed agenda of an
upcoming open meeting of the National
E:\FR\FM\23DEN1.SGM
23DEN1
Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78755-78756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education; Overview
Information; Indian Education Formula Grants to Local Educational
Agencies; Notice Inviting Applications for Fiscal Year (FY) 2009
Catalog of Federal Domestic Assistance (CFDA) Number: 84.060A.
DATES: Part I of the Formula Grant Electronic Application System for
Indian Education (EASIE) Applications Available: December 23, 2008.
Deadline for Transmittal of Part I Applications: January 30, 2009.
Part II of the Formula Grant (EASIE) Applications Available: March
16, 2009.
Deadline for Transmittal of Part II Applications: April 22, 2009.
Applications not meeting the deadline for Part I applications will
not be considered for funding in the initial allocation of awards. Part
II applications or data submissions will be accepted only from those
eligible applicants that meet the Part I application deadline.
Deadline for Intergovernmental Review: June 22, 2009.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The Indian Education Formula Grants to Local
Educational Agencies program provides grants to support local
educational agencies (LEAs) and other eligible entities described in
this notice in their efforts to reform and improve elementary and
secondary school programs that serve Indian students. The Department
funds programs designed to help Indian students meet the same
challenging State academic content and student academic achievement
standards used for all students. In addition, under section 7116 of the
Elementary and Secondary Education Act of 1965, as amended (ESEA), the
Secretary will, upon receipt of an acceptable plan for the integration
of education and related services, authorize the entity receiving the
funds under this program to consolidate, in accordance with the
entity's plan, the funds for any Federal program exclusively serving
Indian children, or the funds reserved under any Federal program to
exclusively serve Indian children, that are awarded under a statutory
or administrative formula to the entity, for the purpose of providing
[[Page 78756]]
education and related services to Indian students. Instructions for
submitting an integration of education and related services plan are
included in the EASIE described elsewhere in this notice under
Application Process and Submission Information.
Eligible Applicants: LEAs, including charter schools authorized as
LEAs under State law, certain schools funded by the Bureau of Indian
Education of the Department of the Interior, and Indian tribes under
certain conditions, as prescribed by section 7112(c) of the ESEA.
Application Process and Submission Information: The application
process for the Indian Education Formula Grants to Local Educational
Agencies program utilizes the Formula Grant EASIE, an easy-to-use,
electronic application system. Formula Grant EASIE provides special
features that will progressively enhance data availability and
performance reporting for applicants, including the use of data from
State submissions to EDFacts, the Department's data collection system,
which contains performance information from State educational agencies
about schools and Federal education programs. To the extent that your
State has provided the necessary EDFacts data files, Formula Grant
EASIE will be able to interface with EDFacts and pull those LEA-
specific data into the application. Additionally, this system allows
the Department to review applications and interact online with
applicants during the application review and approval process.
Although you may download and print sample forms from the system,
the application must be submitted electronically through the Formula
Grant EASIE unless you do not have Internet access and have made prior
arrangements with the Department. For approval to submit a paper
application, you must contact the EDFacts Partner Support Center (see
the contact information listed elsewhere in this notice under FOR
FURTHER INFORMATION CONTACT) prior to the deadline for transmittal of
Part I or Part II applications. If you are approved to submit a paper
application, you must meet the submission deadlines included in this
notice.
Registration for Formula Grant EASIE is required. For information
on how to register, contact the EDFacts Partner Support Center listed
elsewhere in this notice under FOR FURTHER INFORMATION CONTACT .
The Formula Grant EASIE application is divided into two parts--Part
I and Part II.
Part I, Student Count, provides the appropriate data entry screens
to submit your Indian student count totals.
Part II, Program and Budget Information, provides your award amount
based on the Indian student count total submitted under Part I. Part II
also enables you to enter student performance data, identify your
project's services and activities, and build a realistic program budget
based on a known grant amount. Based on student assessment data, you
will select your program objectives and services from a variety of menu
options that were designed with grantee input.
Estimated Available Funds: The Administration has requested
$96,613,000 for this program for FY 2009. The actual level of funding,
if any, depends on final Congressional action. However, we are inviting
applications to allow enough time to complete the grant process if
Congress appropriates funds for this program.
Estimated Range of Awards: $4,000-$2,000,000.
Estimated Average Size of Awards: $75,775.
Estimated Number of Awards: 1,275.
Note: The Department is not bound by any estimates in this
notice and funding levels may change based on final appropriations
for the program.
Project Period: 12 months.
Applicable Regulations: The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81,
82, 84, 85, 86, 97, 98, and 99.
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian tribes.
Performance Measures: The Secretary has established the following
key performance measures for assessing the effectiveness and efficiency
of the Indian Education Formula Grants to Local Educational Agencies
program: (1) The percentage of American Indian and Alaska Native
students in grades four and eight who score at or above the basic level
in reading on the National Assessment of Educational Progress (NAEP);
(2) the percentage of American Indian and Alaska Native students in
grades four and eight who score at or above the basic level in
mathematics on the NAEP; (3) the percentage of American Indian and
Alaska Native students in grades three through eight meeting State
performance standards by scoring at the proficient or the advanced
levels in reading and mathematics on State assessments; (4) the
difference between the percentages of American Indian and Alaska Native
students in grades three through eight at the proficient or advanced
levels in reading and mathematics on State assessments and the
percentage of all students scoring at those levels; (5) the percentage
of American Indian and Alaska Native students who graduate from high
school; and (6) the percentage of funds used by grantees prior to award
close-out.
FOR FURTHER INFORMATION CONTACT: Contact the EDFacts Partner Support
Center, telephone: 877-457-3336 (877-HLP-EDEN) or by e-mail at: eden_
OIE@ed.gov .
If you use a telecommunications device for the deaf (TDD), call the
EDFacts Partner Support Center, toll free, at 1-888-403-3336 (888-403-
EDEN).
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) by contacting the EDFacts
Partner Support Center.
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: https://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: https://www.gpoaccess.gov/
nara/.
Program Authority: 20 U.S.C. 7421 et seq.
Dated: December 17, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. E8-30466 Filed 12-22-08; 8:45 am]
BILLING CODE 4000-01-P