Smaller Learning Communities Program, 16082-16088 [2010-7255]

Download as PDF 16082 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices bridge and construction of the new bridge. Environmental Issues and Resources To Be Examined The EIS will evaluate the potential environmental effects associated with each of the alternatives. Issues to be addressed include, but are not limited to; geology, topography and soils, hydrology and water quality, biological resources, cultural resources, land use, visual resources, socioeconomics and environmental justice, traffic, air quality, noise, public health and safety, services and utilities, and coastal zone management. Relevant and reasonable measures that could alleviate environmental effects will be considered. Schedule Comments on the scope of this EIS must be received by April 30, 2010. The Department of the Navy will publish a Notice of Availability (NOA) in the Federal Register and local media when the Draft EIS is issued for public review. A 45-day public comment period will start upon publication of the NOA in the Federal Register. The Department of the Navy will consider and respond to all comments received on the Draft EIS when preparing the Final EIS. The Department of the Navy expects to issue the Final EIS in July 2011, which will be available for a 30-day public comment period. The Department of the Navy will consider all comments received on the Final EIS in preparing for the Record of Decision. jlentini on DSKJ8SOYB1PROD with NOTICES Other Agency Involvement The Department of the Navy will undertake appropriate consultations with regulatory entities pursuant to the Endangered Species Act, Clean Water Act, National Historic Preservation Act, and any other applicable law or regulation. Consultation will include but is not limited to the following Federal, State, and local agencies: U.S. Fish and Wildlife Service; National Oceanic and Atmospheric Administration Fisheries; State Historic Preservation Officer; American Indian Tribes; U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; all local Historic Site Boards and Heritage organizations; California Regional Water Quality Control Board; California Coastal Commission; San Diego Air Pollution Control District; and the County of San Diego, Department of Environmental Health. VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 Dated: March 25, 2010. A.M. Vallandingham, Lieutenant Commander, Judge Advocate Generals Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2010–7183 Filed 3–30–10; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF EDUCATION Smaller Learning Communities Program Catalog of Federal Domestic Assistance (CFDA) Number: 84.215L. AGENCY: Office of Elementary and Secondary Education, Department of Education. ACTION: Notice of proposed priorities, requirements, definition, and selection criteria. SUMMARY: The Assistant Secretary for Elementary and Secondary Education proposes priorities, requirements, a definition, and selection criteria under the Smaller Learning Communities (SLC) program. The Assistant Secretary will use these priorities, requirements, definition, and selection criteria, in addition to any other previously established priorities and requirements, for a competition using fiscal year (FY) 2009 funds and may use them in later years. We take this action to focus Federal financial assistance on an identified national need. We intend these priorities, requirements, definition, and selection criteria to enhance the effectiveness of SLC projects in improving academic achievement and helping to prepare students for postsecondary education and careers. DATES: We must receive your comments on or before April 30, 2010. ADDRESSES: Address all comments about the proposed priorities, requirements, definition, and selection criteria to Angela Hernandez-Marshall, U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Room 3E308, Washington, DC 20202–6200. If you prefer to send your comments through the Internet, use the following address: smallerlearningcommunities@ed.gov. You must include the term ‘‘SLC Proposed Requirements’’ in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Angela Hernandez-Marshall. Telephone: (202) 205–1909 or by e-mail: smallerlearningcommunities@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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Invitation to Comment: We invite you to submit comments regarding this notice. To ensure that your comments have maximum effect in developing the notice of final priorities, requirements, definition, and selection criteria, we urge you to identify clearly the specific proposed priority, requirement, definition, or selection criterion that each comment addresses. 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 the proposed priorities, requirements, definition, and selection criteria. Please let us know of any further ways we could 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 this notice in room 3E308, 400 Maryland Avenue, SW., Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each week except Federal holidays. Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Purpose of Program: The SLC program awards discretionary grants to local educational agencies (LEAs) to support the restructuring of large public high schools (i.e., schools with enrollments of 1,000 or more students) into smaller units for the purpose of improving academic achievement in large public high schools. These smaller units include freshman academies, multigrade academies organized around career interests or other themes, ‘‘houses’’ in which small groups of students remain together throughout high school, and autonomous schoolswithin-a-school. These structural changes are typically complemented by other personalization strategies, such as student advisories, family advocate systems, and mentoring programs. Program Authority: 20 U.S.C. 7249. Applicable Program Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in E:\FR\FM\31MRN1.SGM 31MRN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices 34 CFR parts 75, 77, 79, 80, 81, 82, 84, 85, 97, 98, and 99. (b) The final priority, requirements, definitions, and selection criteria published in the Federal Register on April 28, 2005 (70 FR 22233) (the 2005 SLC NFP). (c) The notice of final priority, requirements, and selection criteria published in the Federal Register on May 18, 2007 (72 FR 28426) (the 2007 SLC NFP). Background: Creating a more personalized learning experience for students has been a prominent part of high school improvement efforts in recent years. Several evaluations have found, generally, that the implementation of SLCs and complementary personalization strategies can reduce disruptive behavior, create a more orderly environment for learning, and increase student attendance and graduation rates (Lee and Smith 1995; Wasley et al., 2000; McMullan, Sipe, and Wolf, 1994; Quint, 2006; National Research Council, 2004). Dropout Prevention: A Practice Guide, published in 2008 by the Institute of Education Sciences’ What Works Clearinghouse, recommended that schools implement SLCs and other personalization strategies as part of a comprehensive approach to reducing the dropout rate (Institute of Education Sciences, 2008). However, evaluation data have not shown that these structural changes and personalization strategies, by themselves, improve student academic achievement and readiness for postsecondary education and careers. Student learning gains have been seen only in those schools that also have made considerable changes in curriculum and instruction (Bernstein, et al., 2005; Kahne, Sporte, et al., 2006; Quint, 2006; Rhodes, Smerdon, 2005). Similarly, some large comprehensive high schools that have not implemented SLCs have significantly increased student achievement in reading or mathematics and narrowed achievement gaps by implementing more rigorous courses, providing extra support to struggling students, and systematically using data to improve instruction (ACT, Inc. and the Education Trust, 2005; Billig, Jaime, et al., 2005; National Center for Educational Accountability, 2005; Robinson, et al., 2005). For these reasons, we are proposing priorities and selection criteria that are specifically intended to promote the close integration of SLC implementation with systematic efforts to improve curriculum and instruction. We also propose certain other requirements and a definition to clarify statutory provisions, improve the management of grant activities, facilitate the review of VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 16083 Proposed Priorities: This notice contains two proposed priorities. These proposed priorities would be in addition to the priority established in the 2007 SLC NFP (Preparing All Students to Succeed in Postsecondary Education and Careers). common planning time for all teachers within a school. Instead, grantees could choose to focus on a single grade level, such as ninth grade, or on particular content areas. We believe that this proposed priority will help enhance the effectiveness of SLC projects in improving academic achievement and the preparation of students for postsecondary education and careers by ensuring that students receive the academic and personal supports they need to achieve. Proposed Priority 1: Common Planning Time for Teachers Proposed Priority 1—Common Planning Time for Teachers Background: Providing teachers with regular and ongoing opportunities for structured collaboration and planning during or immediately following the school day is considered by many researchers and practitioners to be key to improving instruction and ensuring that students receive the academic and personal supports they need to achieve at high levels. For example, this practice is common among many highperforming schools, including, particularly, those with high concentrations of economically disadvantaged or low-achieving students (Mass Insight Education and Research Institute, 2007; Odden, 2007; Dyke, 2008; Herman, et al., 2008; Education Resource Strategies, 2009; Perlman and Redding, 2009; Strozier, 2009). In these high-performing schools, common planning time is used for a variety of activities, including the analysis of student work and outcome data, collaborative professional development and instructional coaching, and developing or coordinating the implementation of curricula and assessments. By providing teachers with regular and ongoing opportunities for collaboration, these schools also promote a strong sense of shared responsibility among teachers for improving student academic achievement (Louis and Marks, 1998; Symonds, 2004; Mass Insight Education and Research Institute, 2007; Silva, 2009). For these reasons, we propose a priority to allow grantees to use SLC funds to pay the necessary personnel and other costs associated with increasing common planning time for teachers. Under the proposed priority, applicants could, for example, propose to use grant funds to hire additional teachers, pay substitute teachers, or extend the school day in order to provide teachers with more time for common planning and collaboration. Under the proposed priority, we would not require that grantees increase This proposed priority would support projects that increase the amount of time regularly provided to teachers who share the same students or teach the same academic subject for common planning and collaboration during or immediately following the school day without decreasing the amount of time provided to teachers for individual planning and preparation. To meet this priority, the common planning time must be used for one or more of the following activities: (1) Structured examination of student work and outcome data. (2) Collaborative professional development and coaching, including classroom observation. (3) Identifying instructional and other interventions for struggling students. (4) Curriculum and assessment development. applications, and promote the equitable distribution of limited SLC grant funds. Note: As used in this notice, the terms smaller learning community and large high school have the meanings assigned to them in the 2005 SLC NFP. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Proposed Priority 2: Persistently Lowest-Achieving Schools—Secondary Schools Background: The Secretary has established a goal of turning around, over the next five years, the 5,000 lowest-achieving schools nationwide as part of a comprehensive strategy for dramatically reducing the drop-out rate, improving high school graduation rates, and increasing the number of students who graduate prepared for success in college and the workplace. The SLC program can be an important source of funding to support turnaround efforts in a State’s persistently lowestachieving high schools. For this reason, we propose to establish a priority for SLC projects that include one or more schools that have been identified by a State as a persistently lowest-achieving school. Proposed Priority 2—Persistently Lowest-Achieving Schools—Secondary Schools This proposed priority would support SLC projects that include one or more schools that have been identified by a E:\FR\FM\31MRN1.SGM 31MRN1 16084 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices State as a persistently lowest-achieving school. For the purpose of this priority, the term ‘‘persistently lowest-achieving school’’ is defined as it is under the Department’s State Fiscal Stabilization Fund Program (see 74 FR 58436, 58487), School Improvement Grants (see 74 FR 65618, 65652), and Race to the Top Fund (see 74 FR 59836, 59840). Types of Priorities: When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows: Absolute priority: Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by either (1) awarding additional points, depending on the extent to which the application meets the competitive priority (34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). Invitational priority: Under an invitational priority we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the priority a preference over other applications (34 CFR 75.105(c)(1)). Proposed Requirements: The Assistant Secretary for Elementary and Secondary Education proposes the following requirements for this program. We may apply these requirements in any year in which this program is in effect. Note: These proposed requirements would be in addition to the application requirements required under title V, part D, subpart 4, section 5441(b) of the ESEA, and the following requirements established in the 2005 SLC NFP and the 2007 SLC NFP: jlentini on DSKJ8SOYB1PROD with NOTICES Requirement Consortium Applications and Educational Service Agencies. Student Placement .... Including All Students Indirect Costs ............ Required Meetings Sponsored by the Department. Previous Grantees .... VerDate Nov<24>2008 Notice 2005 SLC NFP. 2005 2005 2007 2007 SLC SLC SLC SLC NFP. NFP. NFP. NFP. 2007 SLC NFP. 19:40 Mar 30, 2010 Jkt 220001 Proposed Requirement 1—Budget and Performance Periods Background: In the 2007 SLC NFP, we established a requirement pursuant to which SLC grant funds were awarded in two increments over a 60-month performance period: An initial award for the first 36 months of the performance period and a continuation award for the remaining 24 months of the performance period. Through this Proposed Budget and Performance Periods requirement, we would reduce the duration of the initial award from 36 to 24 months and make continuation awards annually thereafter. We propose this change because making the initial award for a period of 24 months would give grantees until the end of the second school year after the award is made (i.e., the 2011–12 school year) to implement all or most of the components of their projects and demonstrate substantial progress. As we do not expect to make new awards until after the start of the 2010–2011 school year, we recognize that grantees likely will need more than 12 months to implement their projects fully and demonstrate substantial progress. Further, we propose the change to 24 months, based on our belief that, an SLC grantee that requires more than an initial 24 months to show progress is likely experiencing significant management problems and may not merit continued funding. For similar reasons, we are proposing to make continuation awards annually after this initial 24 month budget period. SLC grantees should be able to demonstrate each year that they are continuing to make substantial progress in implementing their projects. In addition, making continuation awards on an annual basis will better ensure that SLC grantees do not receive more funds than they are able to expend to implement their projects. For a variety of reasons, some SLC grantees have been unable to expend all of the funds they requested at the time they submitted their applications. As a result, a number of SLC grantees have returned significant amounts of funds to the United States Treasury when their grants have ended. Proposed Budget and Performance Periods: Grantees will be awarded implementation grants for a period up to 60 months, with the initial award to provide funding for the first 24 months of the performance period. Funding for the remainder of the performance period will be made annually, contingent on the availability of funds and each grantee’s substantial progress toward accomplishing the goals and objectives PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 of the project as described in its approved application. In its application, the applicant must provide detailed, yearly budget information for the total grant period requested. Proposed Requirement 2—Maximum Award Amounts and Number of Schools Background: In order to ensure that applicants have sufficient funding for the personnel expenditures likely needed to meet the requirements of Proposed Priority 1—Common Planning Time for Teachers (i.e., increasing the amount of time that teachers are provided regularly for common planning and collaboration), we are proposing to increase the maximum, 60month award amounts per school by $750,000. Based on our informal consultations with LEA and school officials in different parts of the country, we believe that this additional $750,000 should be sufficient to support a significant increase in common planning time for teachers in at least one grade level of the school. In addition, we are proposing to reduce the number of schools that an LEA may apply on behalf of in a single application from eight to five because, in the past, many grantees have experienced great difficulties managing and overseeing project activities at more than five schools. In such cases, implementation progress has been slow and uneven and several grantees decided to remove one or more schools from their grants. Finally, through this requirement, we are proposing that applications requesting more funds than the maximum amounts specified for any school or for the total grant will not be read as part of the regular application process. In previous SLC competitions, some applicants requested more funds than the amount that we indicated would be available for a grant. These applications included activities that could only be implemented if the applicants received a funding amount that exceeded the maximum amount specified by the Department. This strategy put at a competitive disadvantage other applicants that requested funds within the Department’s specified funding range and proposed a less extensive set of activities. For this reason, we propose to review only those applications that request an amount that does not exceed the maximum amounts specified for the grants. Proposed Maximum Award Amounts and Number of Schools: An eligible LEA may receive, on behalf of a single E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices included in the 2007 SLC NFP). These are the same indicators used by States to measure the progress of LEAs and high schools under Part A of Title I of the ESEA. We propose that performance objectives for these indicators equal or exceed the annual measurable objectives SLC GRANT AWARD RANGES established by the State in its approved accountability plan for Part A of Title I Student enrollof the ESEA. Because school-level data Award ranges per school ment for these indicators are now available to the Department through using the EDEN 1,000–2,000 Students ........ $1,750,000–$2,000,000 Submission System (ESS), it is unnecessary for the Department to 2,001–3,000 Students ........ 1,750,000–2,250,000 continue to collect them directly from 3,001 and Up .... 1,750,000–2,500,000 grantees. We also propose to continue An LEA may include up to five measuring the extent to which the schools in a single application for a SLC graduates of each school included in an grant. Therefore, an LEA applying on SLC grant enter postsecondary behalf of a group of eligible schools education in the semester following would be able to receive up to high school graduation. Because $12,500,000 for its SLC grant. enrolling in postsecondary education is Applications requesting more funds a nearly universal aspiration among than the maximum amounts specified high school students and their parents, for any school or for the total grant will we believe that this measurement not be read as part of the regular continues to be useful and we believe application process. However, if, after that grantees should be held the Secretary selects applications to be accountable for helping them achieve funded, it appears that additional funds this goal. We propose that performance remain available, the Secretary has the objectives for this indicator exceed the option of reviewing applications that baseline level of performance and give requested funds exceeding the particular emphasis to narrowing any maximum amounts specified. Under gaps between students in general and this requirement, if the Secretary economically disadvantaged students, chooses to fund any of the additional students from major racial and ethnic applications, selected applicants will be groups, students with disabilities, and required to work with the Department to students with limited English revise their proposed budgets to fit proficiency. Because data for this within the appropriate funding range. indicator are not reported by SEAs Proposed Requirement 3—Performance through ESS (an electronic system that facilitates the efficient and timely Indicators transmission of data from SEAs to the Background: While creating SLCs can Department), we propose to continue to appeal to teachers, students, and parents require grantees to provide these data on for many reasons, their fundamental an annual basis. We further propose to purpose is to improve academic require grantees to use administrative achievement and student success after records that document student high school. Therefore, it is important enrollment in postsecondary education that assistance provided under the SLC as the principal source of data for this program support and enhance the efforts indicator because these data are likely to of LEAs and schools to improve student be more accurate and less costly to academic achievement and preparation obtain than information gathered for and enrollment in postsecondary through student and parent surveys. education. Because these administrative records In order to ensure that SLC projects may not provide data on all of a school’s ultimately achieve these important graduates (e.g., in the case of most State outcomes, we must ensure that each longitudinal databases, students who funded SLC project measures its enroll in postsecondary education in progress in improving student academic another State), we propose to permit achievement and related outcomes. For grantees to supplement the data this reason, we propose to continue to obtained from administrative records measure the progress of grantees using with information gathered through two indicators: (1) Student performance surveys that are administered after high on reading/language arts and school graduation. mathematics assessments and (2) high Proposed Performance Indicators: school graduation rates (these two Each applicant must identify in its indicators are reflected in paragraphs (1) application the following specific and (2) of the Performance Indicators performance indicators as well as the jlentini on DSKJ8SOYB1PROD with NOTICES school, up to $2,500,000 of SLC grant funds, depending upon student enrollment in the school, for the entire 60-month project period. The following chart provides the ranges of awards per high school size: VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 16085 annual performance objectives to be used for each of these indicators. Specifically, each applicant must use the following performance indicators to measure the progress of each school included in its application: (a) The percentage of students who score at or above the proficient level on the reading/language arts and mathematics assessments used by the State to determine whether a school has made adequate yearly progress under Part A of Title I of the ESEA, as well as these percentages disaggregated by subject matter and the following subgroups: (1) Major racial and ethnic groups. (2) Students with disabilities. (3) Students with limited English proficiency. (4) Economically disadvantaged students. (b) The school’s graduation rate, as defined in the State’s approved accountability plan for Part A of Title I of the ESEA, as well as the graduation rates for the following subgroups: (1) Major racial and ethnic groups. (2) Students with disabilities; (3) Students with limited English proficiency; and (4) Economically disadvantaged students; and (c) The percentage of all graduates who enroll in postsecondary education in the semester following high school graduation, as well as the percentage disaggregated by the following subgroups: (1) Major racial and ethnic groups. (2) Students with disabilities. (3) Students with limited English proficiency. (4) Economically disadvantaged students. Each applicant must identify in its application its performance objectives for each of these indicators for each year of the project period and provide baseline data for the third indicator (postsecondary enrollment). The Department will obtain baseline data for the first and second performance indicators (student performance on reading/language arts and mathematics assessments and the graduation rate) and data on the extent to which each school included in a grant achieves its annual performance objectives for each year of the project period from the data that are now reported to the Department by SEAs using the EDEN Submission System (ESS). Grantees are not required to provide these data. Each grantee must report to the Department annually on the extent to which each school in its grant achieves its performance objectives for the third proposed indicator (postsecondary enrollment). E:\FR\FM\31MRN1.SGM 31MRN1 16086 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices Finally, grantees must use administrative records maintained by State, national, or regional entities that already collect data on student enrollment in postsecondary education as the principal source of data for this performance indicator. These administrative records include, for example, data available through State longitudinal databases or other sources. Grantees may supplement these records with data collected through surveys administered to students or parents after graduation. jlentini on DSKJ8SOYB1PROD with NOTICES Proposed Requirement 4—School Report Cards Background: In the 2005 SLC NFP, we established a requirement for the SLC program pursuant to which applicants were required to include school report cards with their applications to verify the accuracy of the student achievement they reported. This requirement created a significant paperwork burden for many applicants because, in some States and LEAs, school report cards are expansive, extending over 10 to 20 pages. With school-level student achievement data now available to the Department through ESS, it is no longer necessary to require applicants to provide school report cards to verify the accuracy of the student achievement data they report in their applications. Proposed School Report Cards Requirement: No applicant is required to include in its application any report card for the schools included in its application. Proposed Requirement 5—Evidence of Eligibility Background: We propose to require each applicant to provide, along with its application, the name of, and other identifying information about, each school included in its application and evidence of each such school’s enrollment during the current or most recently completed school year. This information is necessary so that the Department can verify that each of the schools in the applicant’s application meets the program’s eligibility requirements. We propose to require that evidence of enrollment consist of information reported by the LEA to the SEA or produced by the SEA so that there is no ambiguity for applicants about the evidence that they must submit to establish school eligibility. Proposed Evidence of Eligibility Requirement: LEAs, including schools funded by the Bureau of Indian Education and educational service agencies, applying on behalf of large public high schools, are eligible to apply for a grant. We will not accept VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 applications from LEAs applying on behalf of schools that are being constructed and do not have an active student enrollment at the time of application. LEAs may apply on behalf of no more than five schools. Along with its application, each applicant must provide, for each school included in its application: (a) The school’s name, postal mailing address, and the 12-digit identification number assigned the school by the National Center for Education Statistics; and (b) Evidence that, during the current school year or the most recently completed school year, the school is a large public high school (i.e., an entity that includes grades 11 and 12 and has an enrollment of 1,000 or more students in grades 9 and above (see Definitions in 2005 SLC NFP) and, thus, is eligible to receive assistance under this program. To meet this requirement, the enrollment figures provided in the evidence must be based upon data from the current school year or the most recently completed school year. In addition, this evidence must include a copy of either: (a) The form or report that the LEA submits to the SEA to report the school’s student enrollment (or student membership, as it is sometimes described) on or around October 1 of each year. (b) A document provided by the SEA that identifies the school’s enrollment on or around October 1 of each year. Proposed Requirement 6—Evaluation Background: In the 2005 SLC NFP, we established requirements that each SLC grantee support an independent, formative evaluation of its project that reported its findings to the grantee (i.e., its LEA) on not less than an annual basis. Each grantee was required to provide each annual evaluation report to the Department at the same time it reported annually on its progress in implementing its project. The purpose of this requirement was to provide the project director and other LEA and school personnel information that would be useful in gauging the project’s progress and identifying areas for improvement. The Department also provided grantees with technical assistance materials to help them secure qualified evaluators and evaluations that would produce information to more effectively manage their projects. After carefully reviewing the annual evaluation reports that have been submitted by grantees since FY 2006, we have concluded that, generally, this requirement has not achieved its intended purpose. For the most part, PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 grantees have not chosen to commission evaluations that provide them with useful implementation information or have not used the information provided by these evaluations to improve their management of their projects. Instead, many grantees have commissioned evaluations chiefly to comply with our requirement. Given the often considerable cost of these evaluations and their limited usefulness to grantees, we believe it would be prudent to cease to require grantees to commission them. A grantee may still choose to use grant funds to support a project evaluation if the evaluation is related clearly to the goals of the project and necessary for the proper and efficient performance and administration of the grant award. Proposed Evaluation Requirement: We propose to eliminate the requirement established by the 2005 SLC NFP that each applicant provide assurances that it will support an evaluation of the project that will produce an annual report for each year of the performance period. Proposed Requirement 7—Grant Award Administration Background: The responsibilities of a project director for an SLC grant include coordinating grant activities to ensure that they are carried out on time and within budget, overseeing the fiscal management of the project, and fulfilling performance reporting and other requirements established by the Department. We propose to establish a minimum time commitment for this position to ensure that the project director has sufficient time to carry out these responsibilities. In our experience, many of the grants in which the time commitment of the project director was less than the minimum we are proposing have experienced significant implementation delays. In some cases, these grant recipients were unable to implement key elements of their approved applications. We note that under our proposal, applicants could continue to include the salary and other costs of the project director in their proposed budgets. Proposed Grant Award Administration: Grantees must designate a single project director who will be principally responsible for overseeing the implementation of the proposed project and communicating with the Department. Each grantee must ensure that its designated project director—for a grant that includes one school—be not less than fifty percent of a full-time equivalent (FTE) position and that the time commitment of a project director E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES for a grant that includes more than one school be not less than one FTE. Proposed Requirement 8—Use of Funds for Equipment Background: While we recognize that equipment can be an effective tool for enhancing instruction and improving student achievement and is essential to carrying out a variety of administrative activities, numerous other sources of funds are available to LEAs and schools to acquire equipment. We, therefore, propose to limit the use of SLC grant funds for the purchase or use of equipment in order to focus grant funds on the personnel, technical assistance, professional development and other costs related to implementing significant structural and instructional reforms that will improve student academic achievement and preparation for postsecondary education. Proposed Use of Funds for Equipment Requirement: For each budget period of the grant award, a grantee may not use more than one percent of the total grant award for the acquisition of equipment (as that term is defined in this notice). Proposed Definition: Background: We are proposing to define the term equipment because we propose to limit the use of SLC grant funds for the purchase of equipment elsewhere in this notice. Under Office of Management and Budget Circular A–87, Cost Principles for State, Local, and Indian Tribal Governments, an item is considered to be ‘‘equipment’’ if, among other things, it is nonexpendable, tangible personal property having a useful life of more than one year and has an acquisition cost which equals or exceeds the lesser of the capitalization level established by the governmental unit for financial statement purposes, or $5,000. We are proposing to reduce the acquisition cost threshold to the lesser of the capitalization level established by the governmental unit for financial statement purposes or $500 in order to include laptop and desktop computers, printers, and other office and classroom equipment that some SLC grantees have sought to purchase with grant funds. Proposed Definition: In addition to the definitions set out in the authorizing statute, 34 CFR 77.1, and the 2005 SLC NFP, we propose that the following definition also apply to this program: Equipment means an article of nonexpendable, tangible personal property that has a useful life of more than one year and that has an acquisition cost which equals or exceeds the lesser of the capitalization level established by the governmental unit for financial statement purposes, or VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 $500. It includes, but is not limited to, office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. Proposed Selection Criteria: The Assistant Secretary for Elementary and Secondary Education proposes the following selection criteria for evaluating an application under this program. We may apply one or more of these criteria in any year in which this program is in effect. These proposed selection criteria are intended to replace the selection criteria established for the SLC program in the 2005 SLC NFP and the 2007 SLC NFP. In the notice inviting applications or the application package or both we will announce the maximum possible points assigned to each criterion. (a) Quality of the Project Design. In determining the quality of the design of the proposed project, we will consider the extent to which— (1) Teachers, school administrators, parents, and community stakeholders support the proposed project and have been and will continue to be involved in its development and implementation; (2) The applicant has carried out sufficient planning and preparatory activities to enable it to implement the proposed project during the school year in which the grant award will be made; (3) School administrators, teachers, and other school employees will receive effective, ongoing technical assistance and professional development in implementing structural and instructional reforms and providing effective instruction; and (4) The applicant demonstrates that the proposed project is aligned with and advances a coordinated, district-wide strategy to improve student academic achievement and preparation for postsecondary education and careers without need for remediation. (b) Quality of Project Services. In determining the quality of the services to be provided by the proposed project, we will consider the extent to which the proposed project is likely to be effective in— (1) Creating an environment in which multiple teachers and other adults within the school know the needs, interests, and aspirations of each student well, closely monitor each student’s progress, and provide the academic and other support each student needs to succeed; (2) Equipping all students with the reading/English language arts, mathematics, and science knowledge and skills they need to succeed in PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 16087 postsecondary education and careers without need for remediation; (3) Helping students who enter high school with reading/English language arts or mathematics skills that are significantly below grade-level to ‘‘catch up’’ and attain, maintain and exceed proficiency by providing supplemental instruction and supports to these students during the ninth grade and, to the extent necessary, in later grades; (4) Increasing the amount of time regularly provided to teachers for common planning and collaboration during or immediately following the school day, without decreasing the amount of time provided to teachers for individual planning and preparation; (5) Ensuring, through technical assistance, professional development, and other means, that teachers use opportunities for common planning and collaboration effectively to improve instruction and student academic achievement; (6) Increasing the participation of students, particularly low-income students, in Advanced Placement, International Baccalaureate, or dual credit courses (such as dual enrollment or early college programs) that offer students the opportunity to earn simultaneously both high school and college credit; and (7) Increasing the percentage of students who enter postsecondary education in the semester following high school graduation by delivering comprehensive guidance and academic advising to students and their parents that includes assistance in selecting courses and planning a program of study that will provide the academic preparation needed to succeed in postsecondary education, early and ongoing college awareness and planning activities, and help in identifying and applying for financial aid for postsecondary education. (c) Support for Implementation. In determining the adequacy of the support the applicant will provide for implementation of the proposed project, we will consider the extent to which— (1) The management plan is likely to achieve the objectives of the proposed project on time and within budget and includes clearly defined responsibilities and detailed timelines and milestones for accomplishing project tasks; and (2) The project director and other key personnel are qualified and have sufficient authority to carry out their responsibilities, and their time commitments are appropriate and adequate to implement the SLC project effectively. (d) Need for the Project. In determining the need for the proposed E:\FR\FM\31MRN1.SGM 31MRN1 16088 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices project, we will consider the extent to which the applicant has identified specific gaps and weaknesses in the preparation of all students for postsecondary education and careers without need for remediation, the nature and magnitude of those gaps and weaknesses, and the extent to which the proposed project will address those gaps and weaknesses effectively. Final Priorities, Requirements, Definition, and Selection Criteria We will announce the final priorities, requirements, definition, and selection criteria in a notice in the Federal Register. We will determine the final priorities, requirements, definitions, and selection criteria after considering responses to this notice and other information available to the Department. This notice does not preclude us from proposing additional priorities, requirements, definitions, and selection criteria, subject to meeting applicable rulemaking requirements. jlentini on DSKJ8SOYB1PROD with NOTICES Note: This notice does not solicit applications. In any year in which we choose to use one or more of these priorities, requirements, definition, and selection criteria, we invite applications through a notice in the Federal Register. Executive Order 12866: This notice 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 this proposed regulatory action 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 proposed regulatory action, we have determined that the benefits of the proposed priorities, requirements, definition, and selection criteria justify the costs. We have determined, also, that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Discussion of Costs and Benefits: Elsewhere in this notice we discuss the potential costs and benefits, both quantitative and qualitative, of the proposed priorities, requirements, definition, and selection criteria under the background sections to the Priorities, Requirements, Definition, and Selection Criteria. VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 Paperwork Reduction Act of 1995 (PRA) Certain sections of the proposed priorities, requirements, definition, and selection criteria for the SLC grant program contain changes to information collection requirements already approved by the Office of Management and Budget (OMB) under OMB control number 1810–0676 (1890–0001). We will be publishing a separate notice in the Federal Register requesting comments on these changes. 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. Accessible Format: Individuals with disabilities can obtain this document in accessible format (e.g., braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. 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. 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. ACTION: Notice and request for public comment on Proposed Information Quality Guidelines Policy. SUMMARY: The U.S. Election Assistance Commission (EAC) seeks public comment on the Proposed Information Quality Guidelines policy. The policy outlines the EAC’s directives and required procedures to implement the OMB Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies, 67 FR 8452 (‘‘OMB Guidelines’’). The EAC developed the Proposed Information Quality Guidelines to meet its obligations under the OMB Guidelines and to codify its high standards of quality in the production of information disseminated outside the agency. DATES: Written comments must be submitted on or before 4 p.m. EDT on April 30, 2010. Comments: Public comments are invited on the information contained in the policy. Comments on the proposed policy should be submitted electronically to HAVAinfo@eac.gov. Written comments on the proposed policy can also be sent to the U.S. Election Assistance Commission, 1201 New York Avenue, NW., Suite 300, Washington, DC 20005, ATTN: Proposed Information Quality Guidelines Policy. Obtaining a Copy of the Policy: To obtain a free copy of the policy: (1) Access the EAC Website at https:// www.eac.gov; (2) write to the EAC (including your address and phone number) at U.S. Election Assistance Commission, 1201 New York Avenue, NW., Suite 300, Washington, DC 20005, ATTN: Information Quality Guidelines. FOR FURTHER INFORMATION CONTACT: Ms. Tamar Nedzar, Ms. Karen Lynn-Dyson or Ms. Shelly Anderson at (202) 566– 3100. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. Dated: March 26, 2010. ´ Thelma Melendez de Santa Ana, Assistant Secretary for Elementary and Secondary Education. [FR Doc. 2010–7134 Filed 3–30–10; 8:45 am] [FR Doc. 2010–7255 Filed 3–30–10; 8:45 am] ELECTION ASSISTANCE COMMISSION BILLING CODE 4000–01–P ELECTION ASSISTANCE COMMISSION Proposed Information Quality Guidelines Policy AGENCY: U.S. Election Assistance Commission (EAC). PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 BILLING CODE 6820–KF–P Notice: Request for Substantive Comments on the EAC’s Proposed Requirements for the Testing of Pilot Voting Systems To Serve UOCAVA Voters AGENCY: United States Election Assistance Commission. ACTION: Request for public comment on proposed requirements for the testing of E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16082-16088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7255]


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DEPARTMENT OF EDUCATION


Smaller Learning Communities Program

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.215L.
AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice of proposed priorities, requirements, definition, and 
selection criteria.

-----------------------------------------------------------------------

SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
proposes priorities, requirements, a definition, and selection criteria 
under the Smaller Learning Communities (SLC) program. The Assistant 
Secretary will use these priorities, requirements, definition, and 
selection criteria, in addition to any other previously established 
priorities and requirements, for a competition using fiscal year (FY) 
2009 funds and may use them in later years. We take this action to 
focus Federal financial assistance on an identified national need. We 
intend these priorities, requirements, definition, and selection 
criteria to enhance the effectiveness of SLC projects in improving 
academic achievement and helping to prepare students for postsecondary 
education and careers.

DATES: We must receive your comments on or before April 30, 2010.

ADDRESSES: Address all comments about the proposed priorities, 
requirements, definition, and selection criteria to Angela Hernandez-
Marshall, U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, 
Room 3E308, Washington, DC 20202-6200.
    If you prefer to send your comments through the Internet, use the 
following address: smallerlearningcommunities@ed.gov. You must include 
the term ``SLC Proposed Requirements'' in the subject line of your 
electronic message.

FOR FURTHER INFORMATION CONTACT: Angela Hernandez-Marshall. Telephone: 
(202) 205-1909 or by e-mail: smallerlearningcommunities@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.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priorities, requirements, definition, 
and selection criteria, we urge you to identify clearly the specific 
proposed priority, requirement, definition, or selection criterion that 
each comment addresses.
    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 the proposed 
priorities, requirements, definition, and selection criteria. Please 
let us know of any further ways we could 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 this notice in room 3E308, 400 Maryland Avenue, SW., 
Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The SLC program awards discretionary grants to 
local educational agencies (LEAs) to support the restructuring of large 
public high schools (i.e., schools with enrollments of 1,000 or more 
students) into smaller units for the purpose of improving academic 
achievement in large public high schools. These smaller units include 
freshman academies, multi-grade academies organized around career 
interests or other themes, ``houses'' in which small groups of students 
remain together throughout high school, and autonomous schools-within-
a-school. These structural changes are typically complemented by other 
personalization strategies, such as student advisories, family advocate 
systems, and mentoring programs.

    Program Authority: 20 U.S.C. 7249.
    Applicable Program Regulations: (a) The Education Department 
General Administrative Regulations (EDGAR) in

[[Page 16083]]

34 CFR parts 75, 77, 79, 80, 81, 82, 84, 85, 97, 98, and 99. (b) The 
final priority, requirements, definitions, and selection criteria 
published in the Federal Register on April 28, 2005 (70 FR 22233) (the 
2005 SLC NFP). (c) The notice of final priority, requirements, and 
selection criteria published in the Federal Register on May 18, 2007 
(72 FR 28426) (the 2007 SLC NFP).
    Background: Creating a more personalized learning experience for 
students has been a prominent part of high school improvement efforts 
in recent years. Several evaluations have found, generally, that the 
implementation of SLCs and complementary personalization strategies can 
reduce disruptive behavior, create a more orderly environment for 
learning, and increase student attendance and graduation rates (Lee and 
Smith 1995; Wasley et al., 2000; McMullan, Sipe, and Wolf, 1994; Quint, 
2006; National Research Council, 2004). Dropout Prevention: A Practice 
Guide, published in 2008 by the Institute of Education Sciences' What 
Works Clearinghouse, recommended that schools implement SLCs and other 
personalization strategies as part of a comprehensive approach to 
reducing the dropout rate (Institute of Education Sciences, 2008).
    However, evaluation data have not shown that these structural 
changes and personalization strategies, by themselves, improve student 
academic achievement and readiness for postsecondary education and 
careers. Student learning gains have been seen only in those schools 
that also have made considerable changes in curriculum and instruction 
(Bernstein, et al., 2005; Kahne, Sporte, et al., 2006; Quint, 2006; 
Rhodes, Smerdon, 2005). Similarly, some large comprehensive high 
schools that have not implemented SLCs have significantly increased 
student achievement in reading or mathematics and narrowed achievement 
gaps by implementing more rigorous courses, providing extra support to 
struggling students, and systematically using data to improve 
instruction (ACT, Inc. and the Education Trust, 2005; Billig, Jaime, et 
al., 2005; National Center for Educational Accountability, 2005; 
Robinson, et al., 2005).
    For these reasons, we are proposing priorities and selection 
criteria that are specifically intended to promote the close 
integration of SLC implementation with systematic efforts to improve 
curriculum and instruction. We also propose certain other requirements 
and a definition to clarify statutory provisions, improve the 
management of grant activities, facilitate the review of applications, 
and promote the equitable distribution of limited SLC grant funds.

    Note: As used in this notice, the terms smaller learning 
community and large high school have the meanings assigned to them 
in the 2005 SLC NFP.

    Proposed Priorities: This notice contains two proposed priorities. 
These proposed priorities would be in addition to the priority 
established in the 2007 SLC NFP (Preparing All Students to Succeed in 
Postsecondary Education and Careers).

Proposed Priority 1: Common Planning Time for Teachers

    Background: Providing teachers with regular and ongoing 
opportunities for structured collaboration and planning during or 
immediately following the school day is considered by many researchers 
and practitioners to be key to improving instruction and ensuring that 
students receive the academic and personal supports they need to 
achieve at high levels. For example, this practice is common among many 
high-performing schools, including, particularly, those with high 
concentrations of economically disadvantaged or low-achieving students 
(Mass Insight Education and Research Institute, 2007; Odden, 2007; 
Dyke, 2008; Herman, et al., 2008; Education Resource Strategies, 2009; 
Perlman and Redding, 2009; Strozier, 2009). In these high-performing 
schools, common planning time is used for a variety of activities, 
including the analysis of student work and outcome data, collaborative 
professional development and instructional coaching, and developing or 
coordinating the implementation of curricula and assessments. By 
providing teachers with regular and ongoing opportunities for 
collaboration, these schools also promote a strong sense of shared 
responsibility among teachers for improving student academic 
achievement (Louis and Marks, 1998; Symonds, 2004; Mass Insight 
Education and Research Institute, 2007; Silva, 2009).
    For these reasons, we propose a priority to allow grantees to use 
SLC funds to pay the necessary personnel and other costs associated 
with increasing common planning time for teachers. Under the proposed 
priority, applicants could, for example, propose to use grant funds to 
hire additional teachers, pay substitute teachers, or extend the school 
day in order to provide teachers with more time for common planning and 
collaboration.
    Under the proposed priority, we would not require that grantees 
increase common planning time for all teachers within a school. 
Instead, grantees could choose to focus on a single grade level, such 
as ninth grade, or on particular content areas.
    We believe that this proposed priority will help enhance the 
effectiveness of SLC projects in improving academic achievement and the 
preparation of students for postsecondary education and careers by 
ensuring that students receive the academic and personal supports they 
need to achieve.

Proposed Priority 1--Common Planning Time for Teachers

    This proposed priority would support projects that increase the 
amount of time regularly provided to teachers who share the same 
students or teach the same academic subject for common planning and 
collaboration during or immediately following the school day without 
decreasing the amount of time provided to teachers for individual 
planning and preparation. To meet this priority, the common planning 
time must be used for one or more of the following activities:
    (1) Structured examination of student work and outcome data.
    (2) Collaborative professional development and coaching, including 
classroom observation.
    (3) Identifying instructional and other interventions for 
struggling students.
    (4) Curriculum and assessment development.

Proposed Priority 2: Persistently Lowest-Achieving Schools--Secondary 
Schools

    Background: The Secretary has established a goal of turning around, 
over the next five years, the 5,000 lowest-achieving schools nationwide 
as part of a comprehensive strategy for dramatically reducing the drop-
out rate, improving high school graduation rates, and increasing the 
number of students who graduate prepared for success in college and the 
workplace.
    The SLC program can be an important source of funding to support 
turnaround efforts in a State's persistently lowest-achieving high 
schools. For this reason, we propose to establish a priority for SLC 
projects that include one or more schools that have been identified by 
a State as a persistently lowest-achieving school.

Proposed Priority 2--Persistently Lowest-Achieving Schools--Secondary 
Schools

    This proposed priority would support SLC projects that include one 
or more schools that have been identified by a

[[Page 16084]]

State as a persistently lowest-achieving school.
    For the purpose of this priority, the term ``persistently lowest-
achieving school'' is defined as it is under the Department's State 
Fiscal Stabilization Fund Program (see 74 FR 58436, 58487), School 
Improvement Grants (see 74 FR 65618, 65652), and Race to the Top Fund 
(see 74 FR 59836, 59840).
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by either 
(1) awarding additional points, depending on the extent to which the 
application meets the competitive priority (34 CFR 75.105(c)(2)(i)); or 
(2) selecting an application that meets the priority over an 
application of comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority we are 
particularly interested in applications that meet the invitational 
priority. However, we do not give an application that meets the 
priority a preference over other applications (34 CFR 75.105(c)(1)).
    Proposed Requirements: The Assistant Secretary for Elementary and 
Secondary Education proposes the following requirements for this 
program. We may apply these requirements in any year in which this 
program is in effect.

    Note: These proposed requirements would be in addition to the 
application requirements required under title V, part D, subpart 4, 
section 5441(b) of the ESEA, and the following requirements 
established in the 2005 SLC NFP and the 2007 SLC NFP:


------------------------------------------------------------------------
                Requirement                            Notice
------------------------------------------------------------------------
Consortium Applications and Educational     2005 SLC NFP.
 Service Agencies.
Student Placement.........................  2005 SLC NFP.
Including All Students....................  2005 SLC NFP.
Indirect Costs............................  2007 SLC NFP.
Required Meetings Sponsored by the          2007 SLC NFP.
 Department.
Previous Grantees.........................  2007 SLC NFP.
------------------------------------------------------------------------

Proposed Requirement 1--Budget and Performance Periods

    Background: In the 2007 SLC NFP, we established a requirement 
pursuant to which SLC grant funds were awarded in two increments over a 
60-month performance period: An initial award for the first 36 months 
of the performance period and a continuation award for the remaining 24 
months of the performance period. Through this Proposed Budget and 
Performance Periods requirement, we would reduce the duration of the 
initial award from 36 to 24 months and make continuation awards 
annually thereafter. We propose this change because making the initial 
award for a period of 24 months would give grantees until the end of 
the second school year after the award is made (i.e., the 2011-12 
school year) to implement all or most of the components of their 
projects and demonstrate substantial progress. As we do not expect to 
make new awards until after the start of the 2010-2011 school year, we 
recognize that grantees likely will need more than 12 months to 
implement their projects fully and demonstrate substantial progress. 
Further, we propose the change to 24 months, based on our belief that, 
an SLC grantee that requires more than an initial 24 months to show 
progress is likely experiencing significant management problems and may 
not merit continued funding. For similar reasons, we are proposing to 
make continuation awards annually after this initial 24 month budget 
period. SLC grantees should be able to demonstrate each year that they 
are continuing to make substantial progress in implementing their 
projects. In addition, making continuation awards on an annual basis 
will better ensure that SLC grantees do not receive more funds than 
they are able to expend to implement their projects. For a variety of 
reasons, some SLC grantees have been unable to expend all of the funds 
they requested at the time they submitted their applications. As a 
result, a number of SLC grantees have returned significant amounts of 
funds to the United States Treasury when their grants have ended.
    Proposed Budget and Performance Periods: Grantees will be awarded 
implementation grants for a period up to 60 months, with the initial 
award to provide funding for the first 24 months of the performance 
period. Funding for the remainder of the performance period will be 
made annually, contingent on the availability of funds and each 
grantee's substantial progress toward accomplishing the goals and 
objectives of the project as described in its approved application.
    In its application, the applicant must provide detailed, yearly 
budget information for the total grant period requested.

Proposed Requirement 2--Maximum Award Amounts and Number of Schools

    Background: In order to ensure that applicants have sufficient 
funding for the personnel expenditures likely needed to meet the 
requirements of Proposed Priority 1--Common Planning Time for Teachers 
(i.e., increasing the amount of time that teachers are provided 
regularly for common planning and collaboration), we are proposing to 
increase the maximum, 60-month award amounts per school by $750,000. 
Based on our informal consultations with LEA and school officials in 
different parts of the country, we believe that this additional 
$750,000 should be sufficient to support a significant increase in 
common planning time for teachers in at least one grade level of the 
school.
    In addition, we are proposing to reduce the number of schools that 
an LEA may apply on behalf of in a single application from eight to 
five because, in the past, many grantees have experienced great 
difficulties managing and overseeing project activities at more than 
five schools. In such cases, implementation progress has been slow and 
uneven and several grantees decided to remove one or more schools from 
their grants.
    Finally, through this requirement, we are proposing that 
applications requesting more funds than the maximum amounts specified 
for any school or for the total grant will not be read as part of the 
regular application process. In previous SLC competitions, some 
applicants requested more funds than the amount that we indicated would 
be available for a grant. These applications included activities that 
could only be implemented if the applicants received a funding amount 
that exceeded the maximum amount specified by the Department. This 
strategy put at a competitive disadvantage other applicants that 
requested funds within the Department's specified funding range and 
proposed a less extensive set of activities. For this reason, we 
propose to review only those applications that request an amount that 
does not exceed the maximum amounts specified for the grants.
    Proposed Maximum Award Amounts and Number of Schools: An eligible 
LEA may receive, on behalf of a single

[[Page 16085]]

school, up to $2,500,000 of SLC grant funds, depending upon student 
enrollment in the school, for the entire 60-month project period.
    The following chart provides the ranges of awards per high school 
size:

                         SLC Grant Award Ranges
------------------------------------------------------------------------
              Student enrollment                Award ranges per school
------------------------------------------------------------------------
1,000-2,000 Students.........................      $1,750,000-$2,000,000
2,001-3,000 Students.........................        1,750,000-2,250,000
3,001 and Up.................................        1,750,000-2,500,000
------------------------------------------------------------------------

    An LEA may include up to five schools in a single application for a 
SLC grant. Therefore, an LEA applying on behalf of a group of eligible 
schools would be able to receive up to $12,500,000 for its SLC grant.
    Applications requesting more funds than the maximum amounts 
specified for any school or for the total grant will not be read as 
part of the regular application process. However, if, after the 
Secretary selects applications to be funded, it appears that additional 
funds remain available, the Secretary has the option of reviewing 
applications that requested funds exceeding the maximum amounts 
specified. Under this requirement, if the Secretary chooses to fund any 
of the additional applications, selected applicants will be required to 
work with the Department to revise their proposed budgets to fit within 
the appropriate funding range.

Proposed Requirement 3--Performance Indicators

    Background: While creating SLCs can appeal to teachers, students, 
and parents for many reasons, their fundamental purpose is to improve 
academic achievement and student success after high school. Therefore, 
it is important that assistance provided under the SLC program support 
and enhance the efforts of LEAs and schools to improve student academic 
achievement and preparation for and enrollment in postsecondary 
education.
    In order to ensure that SLC projects ultimately achieve these 
important outcomes, we must ensure that each funded SLC project 
measures its progress in improving student academic achievement and 
related outcomes. For this reason, we propose to continue to measure 
the progress of grantees using two indicators: (1) Student performance 
on reading/language arts and mathematics assessments and (2) high 
school graduation rates (these two indicators are reflected in 
paragraphs (1) and (2) of the Performance Indicators included in the 
2007 SLC NFP). These are the same indicators used by States to measure 
the progress of LEAs and high schools under Part A of Title I of the 
ESEA. We propose that performance objectives for these indicators equal 
or exceed the annual measurable objectives established by the State in 
its approved accountability plan for Part A of Title I of the ESEA. 
Because school-level data for these indicators are now available to the 
Department through using the EDEN Submission System (ESS), it is 
unnecessary for the Department to continue to collect them directly 
from grantees.
    We also propose to continue measuring the extent to which the 
graduates of each school included in an SLC grant enter postsecondary 
education in the semester following high school graduation. Because 
enrolling in postsecondary education is a nearly universal aspiration 
among high school students and their parents, we believe that this 
measurement continues to be useful and we believe that grantees should 
be held accountable for helping them achieve this goal. We propose that 
performance objectives for this indicator exceed the baseline level of 
performance and give particular emphasis to narrowing any gaps between 
students in general and economically disadvantaged students, students 
from major racial and ethnic groups, students with disabilities, and 
students with limited English proficiency. Because data for this 
indicator are not reported by SEAs through ESS (an electronic system 
that facilitates the efficient and timely transmission of data from 
SEAs to the Department), we propose to continue to require grantees to 
provide these data on an annual basis. We further propose to require 
grantees to use administrative records that document student enrollment 
in postsecondary education as the principal source of data for this 
indicator because these data are likely to be more accurate and less 
costly to obtain than information gathered through student and parent 
surveys. Because these administrative records may not provide data on 
all of a school's graduates (e.g., in the case of most State 
longitudinal databases, students who enroll in postsecondary education 
in another State), we propose to permit grantees to supplement the data 
obtained from administrative records with information gathered through 
surveys that are administered after high school graduation.
    Proposed Performance Indicators: Each applicant must identify in 
its application the following specific performance indicators as well 
as the annual performance objectives to be used for each of these 
indicators. Specifically, each applicant must use the following 
performance indicators to measure the progress of each school included 
in its application:
    (a) The percentage of students who score at or above the proficient 
level on the reading/language arts and mathematics assessments used by 
the State to determine whether a school has made adequate yearly 
progress under Part A of Title I of the ESEA, as well as these 
percentages disaggregated by subject matter and the following 
subgroups:
    (1) Major racial and ethnic groups.
    (2) Students with disabilities.
    (3) Students with limited English proficiency.
    (4) Economically disadvantaged students.
    (b) The school's graduation rate, as defined in the State's 
approved accountability plan for Part A of Title I of the ESEA, as well 
as the graduation rates for the following subgroups:
    (1) Major racial and ethnic groups.
    (2) Students with disabilities;
    (3) Students with limited English proficiency; and
    (4) Economically disadvantaged students; and
    (c) The percentage of all graduates who enroll in postsecondary 
education in the semester following high school graduation, as well as 
the percentage disaggregated by the following subgroups:
    (1) Major racial and ethnic groups.
    (2) Students with disabilities.
    (3) Students with limited English proficiency.
    (4) Economically disadvantaged students.
    Each applicant must identify in its application its performance 
objectives for each of these indicators for each year of the project 
period and provide baseline data for the third indicator (postsecondary 
enrollment). The Department will obtain baseline data for the first and 
second performance indicators (student performance on reading/language 
arts and mathematics assessments and the graduation rate) and data on 
the extent to which each school included in a grant achieves its annual 
performance objectives for each year of the project period from the 
data that are now reported to the Department by SEAs using the EDEN 
Submission System (ESS). Grantees are not required to provide these 
data.
    Each grantee must report to the Department annually on the extent 
to which each school in its grant achieves its performance objectives 
for the third proposed indicator (postsecondary enrollment).

[[Page 16086]]

    Finally, grantees must use administrative records maintained by 
State, national, or regional entities that already collect data on 
student enrollment in postsecondary education as the principal source 
of data for this performance indicator. These administrative records 
include, for example, data available through State longitudinal 
databases or other sources. Grantees may supplement these records with 
data collected through surveys administered to students or parents 
after graduation.

Proposed Requirement 4--School Report Cards

    Background: In the 2005 SLC NFP, we established a requirement for 
the SLC program pursuant to which applicants were required to include 
school report cards with their applications to verify the accuracy of 
the student achievement they reported. This requirement created a 
significant paperwork burden for many applicants because, in some 
States and LEAs, school report cards are expansive, extending over 10 
to 20 pages. With school-level student achievement data now available 
to the Department through ESS, it is no longer necessary to require 
applicants to provide school report cards to verify the accuracy of the 
student achievement data they report in their applications.
    Proposed School Report Cards Requirement: No applicant is required 
to include in its application any report card for the schools included 
in its application.

Proposed Requirement 5--Evidence of Eligibility

    Background: We propose to require each applicant to provide, along 
with its application, the name of, and other identifying information 
about, each school included in its application and evidence of each 
such school's enrollment during the current or most recently completed 
school year. This information is necessary so that the Department can 
verify that each of the schools in the applicant's application meets 
the program's eligibility requirements. We propose to require that 
evidence of enrollment consist of information reported by the LEA to 
the SEA or produced by the SEA so that there is no ambiguity for 
applicants about the evidence that they must submit to establish school 
eligibility.
    Proposed Evidence of Eligibility Requirement: LEAs, including 
schools funded by the Bureau of Indian Education and educational 
service agencies, applying on behalf of large public high schools, are 
eligible to apply for a grant. We will not accept applications from 
LEAs applying on behalf of schools that are being constructed and do 
not have an active student enrollment at the time of application. LEAs 
may apply on behalf of no more than five schools. Along with its 
application, each applicant must provide, for each school included in 
its application:
    (a) The school's name, postal mailing address, and the 12-digit 
identification number assigned the school by the National Center for 
Education Statistics; and
    (b) Evidence that, during the current school year or the most 
recently completed school year, the school is a large public high 
school (i.e., an entity that includes grades 11 and 12 and has an 
enrollment of 1,000 or more students in grades 9 and above (see 
Definitions in 2005 SLC NFP) and, thus, is eligible to receive 
assistance under this program.
    To meet this requirement, the enrollment figures provided in the 
evidence must be based upon data from the current school year or the 
most recently completed school year. In addition, this evidence must 
include a copy of either:
    (a) The form or report that the LEA submits to the SEA to report 
the school's student enrollment (or student membership, as it is 
sometimes described) on or around October 1 of each year.
    (b) A document provided by the SEA that identifies the school's 
enrollment on or around October 1 of each year.

Proposed Requirement 6--Evaluation

    Background: In the 2005 SLC NFP, we established requirements that 
each SLC grantee support an independent, formative evaluation of its 
project that reported its findings to the grantee (i.e., its LEA) on 
not less than an annual basis. Each grantee was required to provide 
each annual evaluation report to the Department at the same time it 
reported annually on its progress in implementing its project. The 
purpose of this requirement was to provide the project director and 
other LEA and school personnel information that would be useful in 
gauging the project's progress and identifying areas for improvement. 
The Department also provided grantees with technical assistance 
materials to help them secure qualified evaluators and evaluations that 
would produce information to more effectively manage their projects. 
After carefully reviewing the annual evaluation reports that have been 
submitted by grantees since FY 2006, we have concluded that, generally, 
this requirement has not achieved its intended purpose. For the most 
part, grantees have not chosen to commission evaluations that provide 
them with useful implementation information or have not used the 
information provided by these evaluations to improve their management 
of their projects. Instead, many grantees have commissioned evaluations 
chiefly to comply with our requirement. Given the often considerable 
cost of these evaluations and their limited usefulness to grantees, we 
believe it would be prudent to cease to require grantees to commission 
them. A grantee may still choose to use grant funds to support a 
project evaluation if the evaluation is related clearly to the goals of 
the project and necessary for the proper and efficient performance and 
administration of the grant award.
    Proposed Evaluation Requirement: We propose to eliminate the 
requirement established by the 2005 SLC NFP that each applicant provide 
assurances that it will support an evaluation of the project that will 
produce an annual report for each year of the performance period.

Proposed Requirement 7--Grant Award Administration

    Background: The responsibilities of a project director for an SLC 
grant include coordinating grant activities to ensure that they are 
carried out on time and within budget, overseeing the fiscal management 
of the project, and fulfilling performance reporting and other 
requirements established by the Department. We propose to establish a 
minimum time commitment for this position to ensure that the project 
director has sufficient time to carry out these responsibilities. In 
our experience, many of the grants in which the time commitment of the 
project director was less than the minimum we are proposing have 
experienced significant implementation delays. In some cases, these 
grant recipients were unable to implement key elements of their 
approved applications. We note that under our proposal, applicants 
could continue to include the salary and other costs of the project 
director in their proposed budgets.
    Proposed Grant Award Administration: Grantees must designate a 
single project director who will be principally responsible for 
overseeing the implementation of the proposed project and communicating 
with the Department.
    Each grantee must ensure that its designated project director--for 
a grant that includes one school--be not less than fifty percent of a 
full-time equivalent (FTE) position and that the time commitment of a 
project director

[[Page 16087]]

for a grant that includes more than one school be not less than one 
FTE.

Proposed Requirement 8--Use of Funds for Equipment

    Background: While we recognize that equipment can be an effective 
tool for enhancing instruction and improving student achievement and is 
essential to carrying out a variety of administrative activities, 
numerous other sources of funds are available to LEAs and schools to 
acquire equipment. We, therefore, propose to limit the use of SLC grant 
funds for the purchase or use of equipment in order to focus grant 
funds on the personnel, technical assistance, professional development 
and other costs related to implementing significant structural and 
instructional reforms that will improve student academic achievement 
and preparation for postsecondary education.
    Proposed Use of Funds for Equipment Requirement: For each budget 
period of the grant award, a grantee may not use more than one percent 
of the total grant award for the acquisition of equipment (as that term 
is defined in this notice).
    Proposed Definition:
    Background: We are proposing to define the term equipment because 
we propose to limit the use of SLC grant funds for the purchase of 
equipment elsewhere in this notice. Under Office of Management and 
Budget Circular A-87, Cost Principles for State, Local, and Indian 
Tribal Governments, an item is considered to be ``equipment'' if, among 
other things, it is nonexpendable, tangible personal property having a 
useful life of more than one year and has an acquisition cost which 
equals or exceeds the lesser of the capitalization level established by 
the governmental unit for financial statement purposes, or $5,000. We 
are proposing to reduce the acquisition cost threshold to the lesser of 
the capitalization level established by the governmental unit for 
financial statement purposes or $500 in order to include laptop and 
desktop computers, printers, and other office and classroom equipment 
that some SLC grantees have sought to purchase with grant funds.
    Proposed Definition:
    In addition to the definitions set out in the authorizing statute, 
34 CFR 77.1, and the 2005 SLC NFP, we propose that the following 
definition also apply to this program:
    Equipment means an article of nonexpendable, tangible personal 
property that has a useful life of more than one year and that has an 
acquisition cost which equals or exceeds the lesser of the 
capitalization level established by the governmental unit for financial 
statement purposes, or $500. It includes, but is not limited to, office 
equipment and furnishings, modular offices, telephone networks, 
information technology equipment and systems, air conditioning 
equipment, reproduction and printing equipment, and motor vehicles.
    Proposed Selection Criteria:
    The Assistant Secretary for Elementary and Secondary Education 
proposes the following selection criteria for evaluating an application 
under this program. We may apply one or more of these criteria in any 
year in which this program is in effect. These proposed selection 
criteria are intended to replace the selection criteria established for 
the SLC program in the 2005 SLC NFP and the 2007 SLC NFP.
    In the notice inviting applications or the application package or 
both we will announce the maximum possible points assigned to each 
criterion.
    (a) Quality of the Project Design. In determining the quality of 
the design of the proposed project, we will consider the extent to 
which--
    (1) Teachers, school administrators, parents, and community 
stakeholders support the proposed project and have been and will 
continue to be involved in its development and implementation;
    (2) The applicant has carried out sufficient planning and 
preparatory activities to enable it to implement the proposed project 
during the school year in which the grant award will be made;
    (3) School administrators, teachers, and other school employees 
will receive effective, ongoing technical assistance and professional 
development in implementing structural and instructional reforms and 
providing effective instruction; and
    (4) The applicant demonstrates that the proposed project is aligned 
with and advances a coordinated, district-wide strategy to improve 
student academic achievement and preparation for postsecondary 
education and careers without need for remediation.
    (b) Quality of Project Services. In determining the quality of the 
services to be provided by the proposed project, we will consider the 
extent to which the proposed project is likely to be effective in--
    (1) Creating an environment in which multiple teachers and other 
adults within the school know the needs, interests, and aspirations of 
each student well, closely monitor each student's progress, and provide 
the academic and other support each student needs to succeed;
    (2) Equipping all students with the reading/English language arts, 
mathematics, and science knowledge and skills they need to succeed in 
postsecondary education and careers without need for remediation;
    (3) Helping students who enter high school with reading/English 
language arts or mathematics skills that are significantly below grade-
level to ``catch up'' and attain, maintain and exceed proficiency by 
providing supplemental instruction and supports to these students 
during the ninth grade and, to the extent necessary, in later grades;
    (4) Increasing the amount of time regularly provided to teachers 
for common planning and collaboration during or immediately following 
the school day, without decreasing the amount of time provided to 
teachers for individual planning and preparation;
    (5) Ensuring, through technical assistance, professional 
development, and other means, that teachers use opportunities for 
common planning and collaboration effectively to improve instruction 
and student academic achievement;
    (6) Increasing the participation of students, particularly low-
income students, in Advanced Placement, International Baccalaureate, or 
dual credit courses (such as dual enrollment or early college programs) 
that offer students the opportunity to earn simultaneously both high 
school and college credit; and
    (7) Increasing the percentage of students who enter postsecondary 
education in the semester following high school graduation by 
delivering comprehensive guidance and academic advising to students and 
their parents that includes assistance in selecting courses and 
planning a program of study that will provide the academic preparation 
needed to succeed in postsecondary education, early and ongoing college 
awareness and planning activities, and help in identifying and applying 
for financial aid for postsecondary education.
    (c) Support for Implementation. In determining the adequacy of the 
support the applicant will provide for implementation of the proposed 
project, we will consider the extent to which--
    (1) The management plan is likely to achieve the objectives of the 
proposed project on time and within budget and includes clearly defined 
responsibilities and detailed timelines and milestones for 
accomplishing project tasks; and
    (2) The project director and other key personnel are qualified and 
have sufficient authority to carry out their responsibilities, and 
their time commitments are appropriate and adequate to implement the 
SLC project effectively.
    (d) Need for the Project. In determining the need for the proposed

[[Page 16088]]

project, we will consider the extent to which the applicant has 
identified specific gaps and weaknesses in the preparation of all 
students for postsecondary education and careers without need for 
remediation, the nature and magnitude of those gaps and weaknesses, and 
the extent to which the proposed project will address those gaps and 
weaknesses effectively.

Final Priorities, Requirements, Definition, and Selection Criteria

    We will announce the final priorities, requirements, definition, 
and selection criteria in a notice in the Federal Register. We will 
determine the final priorities, requirements, definitions, and 
selection criteria after considering responses to this notice and other 
information available to the Department. This notice does not preclude 
us from proposing additional priorities, requirements, definitions, and 
selection criteria, subject to meeting applicable rulemaking 
requirements.

    Note:  This notice does not solicit applications. In any year in 
which we choose to use one or more of these priorities, 
requirements, definition, and selection criteria, we invite 
applications through a notice in the Federal Register.

    Executive Order 12866: This notice 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 this proposed regulatory action 
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 proposed regulatory action, we have determined 
that the benefits of the proposed priorities, requirements, definition, 
and selection criteria justify the costs.
    We have determined, also, that this regulatory action does not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    Discussion of Costs and Benefits: Elsewhere in this notice we 
discuss the potential costs and benefits, both quantitative and 
qualitative, of the proposed priorities, requirements, definition, and 
selection criteria under the background sections to the Priorities, 
Requirements, Definition, and Selection Criteria.

Paperwork Reduction Act of 1995 (PRA)

    Certain sections of the proposed priorities, requirements, 
definition, and selection criteria for the SLC grant program contain 
changes to information collection requirements already approved by the 
Office of Management and Budget (OMB) under OMB control number 1810-
0676 (1890-0001). We will be publishing a separate notice in the 
Federal Register requesting comments on these changes.
    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.
    Accessible Format: Individuals with disabilities can obtain this 
document in accessible format (e.g., braille, large print, audiotape, 
or computer diskette) on request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    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.

    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/.


    Dated: March 26, 2010.
Thelma Mel[eacute]ndez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2010-7255 Filed 3-30-10; 8:45 am]
BILLING CODE 4000-01-P
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