Proposed Priority, Requirements, Definitions, and Selection Criteria-Arts in Education National Program (AENP), 5243-5246 [2012-2309]
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[FR Doc. 2012–2302 Filed 2–1–12; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
Proposed Priority, Requirements,
Definitions, and Selection Criteria—
Arts in Education National Program
(AENP)
Office of Innovation and
Improvement, Department of Education.
ACTION: Notice.
AGENCY:
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.351F.
The Assistant Deputy
Secretary proposes a priority,
requirements, definitions, and selection
criteria under the Arts in Education
National Program (AENP). We may use
the priority, requirements, definitions,
and selection criteria for competitions
in fiscal year (FY) 2012 and later years.
We intend to use the priority,
requirements, definitions, and selection
criteria to award a grant to an eligible
applicant to encourage and expand
national-level high-quality arts
education activities and services for
children and youth, with special
emphasis on serving children from lowincome families and children with
disabilities.
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
We must receive your comments
on or before March 5, 2012.
ADDRESSES: Address all comments about
this notice to Edith Harvey, U.S.
DATES:
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Department of Education, 400 Maryland
Avenue SW., room 4W308, Washington,
DC 20202–5970.
If you prefer to send your comments
by email, use the following address:
edith.harvey@ed.gov. You must include
the phrase ‘‘Arts in Education National
Program—Comments on FY 2012
Proposed Priority’’ in the subject line of
your electronic message.
FOR FURTHER INFORMATION CONTACT:
Edith Harvey. Telephone: (202) 260–
1393 or by email: edith.harvey@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 priority, requirements,
definitions, and selection criteria, we
urge you to identify clearly the
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 Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from the proposed priority,
requirements, definitions, 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 4W308, 400
Maryland Avenue SW., Washington,
DC, between the hours of 8:30 a.m. and
4 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 purpose of
the AENP is to support national-level
high-quality arts education activities
and services for children and youth,
with special emphasis on serving
children from low-income families and
children with disabilities.
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5243
Program Authority: 20 U.S.C. 7271.
Proposed Priority: This notice
contains one proposed priority.
Model Projects
Background
Arts is a core academic subject. Arts
education encourages creativity and
analytical thinking and it highlights a
student’s unique qualities. Accordingly,
and because the focus of the AENP is to
promote high-quality arts education
with special emphasis on serving
children from low-income families and
children with disabilities, we are
seeking to support one or more projects
that will develop and implement
exemplary national-level arts education
activities and services.
Proposed Priority
One or more high-quality projects that
are designed to develop and implement,
or expand, initiatives in arts education
and arts integration (as defined in this
notice) on a national level for prekindergarten-through-grade-12 children
and youth, with special emphasis on
serving children from low-income
families (as defined in this notice) and
children with disabilities. In order to
meet this priority, an applicant must
demonstrate that the project for which
it seeks funding will provide services
and develop initiatives in multiple
schools and school districts throughout
the country, including in at least one
urban, at least one rural, and at least one
high-need community (as defined in
this notice).
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 (1) awarding additional
points, depending on the extent to
which the application meets the 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
priority. However, we do not give an
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
schools, school districts, and
communities throughout the country.
Proposed Requirements
Background
Background
Several terms associated with this
program are not defined in section 9101
of the ESEA. Therefore, we are
proposing the following definitions for
these terms.
Proposed Definitions
The AENP supports the
implementation of high-quality arts
education and arts integration activities
and services in music, dance, theater,
media arts, and visual arts, including
folk arts. We are proposing these
requirements to ensure that funded
projects have the capacity to provide
high-quality professional development,
programming, and resources in all of
these art forms and to expand the reach
of services through strong partnerships
with schools and communities.
Proposed Eligibility and Application
Requirements
The Assistant Deputy Secretary
proposes the following eligibility and
application requirements for this
program. We may use one or more of
these requirements in any year in which
we award grants for the AENP.
1. To be eligible for an award, an
applicant must be a national nonprofit
arts education organization (as defined
in this notice).
2. An applicant must describe in its
application how it would serve children
from low-income families and children
with disabilities.
3. An applicant must describe in its
application how it would implement the
following activities and services at the
national level:
(i) Professional development based on
State or national standards for prekindergarten-through-grade-12 arts
educators (as defined in this notice).
srobinson on DSK4SPTVN1PROD with NOTICES
Note: National standards are the arts
standards developed by the Consortium of
National Arts Education Associations or
another, comparable set of national arts
standards. The standards developed by the
Consortium outline what students should
know and be able to do in the arts. These are
not Department standards. To view the
standards, please go to www.menc.org/
resources/view/the-national-standards-forarts-education-a-brief-history.
(ii) Development and dissemination of
instructional materials, including online
resources, in music, dance, theater,
media arts, and visual arts, including
folk arts, for arts educators.
(iii) Arts-based educational
programming in music, dance, theater,
media arts, and visual arts, including
folk arts, for pre-kindergarten-throughgrade-12 students and arts educators.
(iv) Community and national outreach
activities and services that strengthen
and expand partnerships among
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Proposed Definitions
The Assistant Deputy Secretary
proposes the following definitions for
this program. We may use one or more
of these definitions in any year in which
we award grants for the AENP.
Arts means music, dance, theater,
media arts, and visual arts, including
folk arts.
Arts educator means a teacher or
other instructional staffer who works in
music, dance, theater, media arts, or
visual arts, including folk arts.
Arts integration means (i) using highquality arts instruction within other
academic content areas, and (ii)
strengthening the arts as a core
academic subject in the school
curriculum.
High-need community means (i) a
political subdivision of a State or
portion of a political subdivision of a
State, in which at least 50 percent of the
children are from low-income families;
or (ii) a political subdivision of a State
that is among the 10 percent of political
subdivisions of the State having the
greatest numbers of such children. For
the purposes of determining if a
community meets this definition, the
term ‘‘low-income families’’ means
families with incomes below the
poverty line for the most recent fiscal
year for which satisfactory data are
available.
National non-profit arts education
organization means an organization of
national scope that is supported by staff
or affiliates at the State and local levels
and that has a demonstrated history of
advancing high-quality arts education
and arts integration for arts educators,
education leaders, artists, and students
through professional development,
partnerships, educational programming,
and supporting systemic school reform.
Child from low-income family means
a child who is determined by a State
educational agency or local educational
agency to be a child, in pre-kindergarten
through grade 12, from a low-income
family, on the basis of (a) the family
having an income that meets the poverty
criteria established by the U.S
Department of Commerce, (b) the child’s
eligibility for free or reduced-price
lunches under the Richard B. Russell
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National School Lunch Act, (c) the
family’s receipt of assistance under Part
A of title IV of the Social Security Act,
or (d) the child’s eligibility for medical
assistance under the Medicaid program
under title XIX of the Social Security
Act.
Proposed Selection Criteria
Background
The AENP is intended to support
high-quality arts education and arts
integration on a national level. To
ensure that we award the grant to
entities that have demonstrated capacity
to meet the purposes of the program, we
have developed program-specific
selection criteria. We propose to award
a grant to an eligible entity on the basis
of the quality of applications submitted,
after taking into consideration one or
more of the following proposed
selection criteria as well as the
requirements of the program.
Proposed Selection Criteria
The Assistant Deputy Secretary
proposes the following selection criteria
for evaluating an application under this
program. We may apply one or more of
these criteria, as well as criteria from the
Education Department General
Administrative Regulations in 34.CFR
75.210, in any year in which this
program is in effect. In the notice
inviting applications or the application
package or both we will announce the
maximum possible points assigned to
each criterion.
(1) Significance. The Secretary
reviews each application to determine
the extent to which—
(a) The proposed project is likely to
build State and local capacity to
provide, improve, or expand arts
education and arts integration that
address the needs of children and
youth, with special emphasis on serving
children from low-income families and
children with disabilities; and
(b) The applicant has a history of
three or more years of demonstrated
excellence in the areas of arts education
and arts integration on a national scale.
(2) Quality of the project design. The
Secretary reviews each application to
determine the extent to which—
(a) The design of the proposed project
is appropriate to, and will successfully
address, the arts education needs of prekindergarten-through-grade-12 children
and youth, with special emphasis on
children from low-income families and
children with disabilities;
(b) The proposed project will provide
high-quality professional development
for pre-kindergarten-through-grade-12
arts educators who provide instruction
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
in music, dance, drama, media arts, or
visual arts, including folk arts;
(c) The proposed project will develop
and disseminate instructional materials,
including online resources, in multiple
arts disciplines for arts educators and
other instructional staff;
(d) The proposed project will support
arts-based educational programming;
and
(e) The proposed project will provide
community and national outreach that
strengthens and expands partnerships
among schools, school districts, and
communities throughout the country.
(3) Quality of project services. In
determining the quality of the services
to be provided by the proposed project,
the Secretary considers the extent to
which—
(a) The services to be provided by the
proposed project involve the
collaboration of appropriate partners in
order to maximize the effectiveness of
project services; and
(b) The proposed project will provide
services and initiatives that will reach
students and arts educators in multiple
schools and school districts in urban,
rural, and high-need communities
throughout the country.
Final Priority, Requirements,
Definitions, and Selection Criteria
We will announce the final priority,
requirements, definitions, and selection
criteria in a notice in the Federal
Register. We will determine the final
priority, 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, or selection
criteria, subject to meeting applicable
rulemaking requirements.
Note: This notice does not solicit
applications. In any year in which we choose
to use this priority, requirements, definitions,
and selection criteria, we invite applications
through a notice in the Federal Register.
Executive Orders 12866 and 13563
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Regulatory Impact Analysis
Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
regulatory action’’ as an action likely to
result in a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
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productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
on a reasoned determination that their
benefits justify their costs (recognizing
that some benefits and costs are difficult
to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
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5245
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority,
requirements, definitions, and selection
criteria only on a reasoned
determination that their benefits justify
their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that
maximize net benefits. Based on the
analysis that follows, the Department
believes that this proposed regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits of this
regulatory action. The potential costs
associated with this regulatory action
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
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
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
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 via the Federal Digital System
at: www.gpo.gov/fdsys. At this site 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). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: January 27, 2012.
James H. Shelton, III.,
Assistant Deputy Secretary for Innovation and
Improvement.
[FR Doc. 2012–2309 Filed 2–1–12; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Ultra-Deepwater Advisory Committee
Office of Fossil Energy,
Department of Energy.
ACTION: Notice of open meeting.
AGENCY:
This notice announces a
meeting of the Ultra-Deepwater
Advisory Committee. The Federal
Advisory Committee Act (Pub. L. 92–
463, 86 Stat. 770) requires that public
notice of this meeting be announced in
the Federal Register.
DATES: Thursday, March 1, 2012,
8 a.m.–5 p.m. (CST).
ADDRESSES: Houston Airport Marriott,
18700 John F. Kennedy Boulevard,
Houston, Texas 77032.
FOR FURTHER INFORMATION CONTACT:
Elena Melchert, U.S. Department of
Energy, Office of Oil and Natural Gas,
Washington, DC 20585. Telephone:
(202) 586–5600.
SUPPLEMENTARY INFORMATION:
Purpose of the Committee: The
purpose of the Ultra-Deepwater
Advisory Committee is to provide
advice on development and
implementation of programs related to
ultra-deepwater architecture and
technology to the Secretary of Energy
and to provide recommendations and
priorities for the Department of Energy
Annual Plan per requirements of the
Energy Policy Act of 2005, Title IX,
Subtitle J, Section 999D.
SUMMARY:
Tentative Agenda
srobinson on DSK4SPTVN1PROD with NOTICES
March 1, 2012
7:30 a.m.—Registration.
8 a.m.—Welcome & Introductions,
Opening Remarks, Discussion of
Subcommittee Reports, and
Findings regarding the Draft 2012
Annual Plan.
Noon—Working Lunch.
1 p.m.—Discussion of
Recommendations regarding the
Draft 2012 Annual Plan.
4:45 p.m.—Public Comments, if any.
5 p.m.—Adjourn.
Public Participation: The meeting is
open to the public. If you would like to
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file a written statement with the
Committee, you may do so either before
or after the meeting. If you would like
to make oral statements regarding any of
the items on the agenda, you should
contact Elena Melchert at the telephone
number listed above. You must make
your request for an oral statement at
least three business days prior to the
meeting, and reasonable provisions will
be made to include all who wish to
speak. The Designated Federal Officer
and the Chairman of the Committee will
conduct the meeting to facilitate the
orderly conduct of business. Public
comment will follow the three-minute
rule.
Minutes: The minutes of this meeting
will be available for public review and
copying within 60 days at the following
Web site: https://www.fossil.energy.gov/
programs/oilgas/advisorycommittees/
UltraDeepwater.html.
Issued at Washington, DC on January 27,
2012.
LaTanya Butler,
Acting Deputy Committee Management
Officer.
[FR Doc. 2012–2314 Filed 2–1–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Unconventional Resources
Technology Advisory Committee
Office of Fossil Energy,
Department of Energy.
ACTION: Notice of open meeting.
AGENCY:
This notice announces a
meeting of the Unconventional
Resources Technology Advisory
Committee. The Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770) requires that public notice of this
meeting be announced in the Federal
Register.
DATES: Tuesday, February 28, 2012, 8
a.m.–5 p.m. (CST) and Wednesday,
February 29, 2012, 8 a.m.–12 p.m.
(CST).
ADDRESSES: Houston Airport Marriott,
18700 John F. Kennedy Boulevard,
Houston, Texas 77032.
FOR FURTHER INFORMATION CONTACT:
Elena Melchert, U.S. Department of
Energy, Office of Oil and Natural Gas,
Washington, DC 20585. Phone: (202)
586–5600.
SUPPLEMENTARY INFORMATION: Purpose of
the Committee: The purpose of the
Unconventional Resources Technology
Advisory Committee is to provide
advice on development and
implementation of programs related to
onshore unconventional natural gas and
SUMMARY:
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other petroleum resources to the
Secretary of Energy; and provide
comments and recommendations and
priorities for the Department of Energy
Annual Plan per requirements of the
Energy Policy Act of 2005, Title IX,
Subtitle J, Section 999D.
Tentative Agenda
February 28, 2012
7:30 a.m. Registration
8 a.m. Welcome & Introductions,
Opening Remarks, Discussion of
Subcommittee Reports
Noon Working Lunch
1 p.m. Findings regarding the Draft 2012
Annual Plan
4:45 p.m. Public Comments, if any
5 p.m. Adjourn
February 29, 2012
7:30 a.m. Registration
8 a.m. Discussion of Recommendations
regarding the Draft 2012 Annual
Plan
12 p.m. Adjourn
Public Participation: The meeting is
open to the public. If you would like to
file a written statement with the
Committee, you may do so either before
or after the meeting. If you would like
to make oral statements regarding any of
the items on the agenda, you should
contact Elena Melchert at the telephone
number listed above. You must make
your request for an oral statement at
least three business days prior to the
meeting, and reasonable provisions will
be made to include all who wish to
speak. The Designated Federal Officer
and the Chairman of the Committee will
conduct the meeting to facilitate the
orderly conduct of business. Public
comment will follow the three-minute
rule.
Minutes: The minutes of this meeting
will be available for public review and
copying within 60 days at the following
Web site: https://www.fossil.energy.gov/
programs/oilgas/advisorycommittees/
UnconventionalResources.html.
Issued at Washington, DC, on January 27,
2012.
LaTanya Butler,
Acting Deputy Committee Management
Officer.
[FR Doc. 2012–2316 Filed 2–1–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Basic Energy Sciences Advisory
Committee
Office of Science, Department
of Energy.
ACTION: Notice of open meeting.
AGENCY:
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Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5243-5246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2309]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Proposed Priority, Requirements, Definitions, and Selection
Criteria--Arts in Education National Program (AENP)
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Notice.
-----------------------------------------------------------------------
Catalog of Federal Domestic Assistance (CFDA) Number: 84.351F.
SUMMARY: The Assistant Deputy Secretary proposes a priority,
requirements, definitions, and selection criteria under the Arts in
Education National Program (AENP). We may use the priority,
requirements, definitions, and selection criteria for competitions in
fiscal year (FY) 2012 and later years. We intend to use the priority,
requirements, definitions, and selection criteria to award a grant to
an eligible applicant to encourage and expand national-level high-
quality arts education activities and services for children and youth,
with special emphasis on serving children from low-income families and
children with disabilities.
DATES: We must receive your comments on or before March 5, 2012.
ADDRESSES: Address all comments about this notice to Edith Harvey, U.S.
Department of Education, 400 Maryland Avenue SW., room 4W308,
Washington, DC 20202-5970.
If you prefer to send your comments by email, use the following
address: edith.harvey@ed.gov. You must include the phrase ``Arts in
Education National Program--Comments on FY 2012 Proposed Priority'' in
the subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Edith Harvey. Telephone: (202) 260-
1393 or by email: edith.harvey@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 priority, requirements, definitions, and
selection criteria, we urge you to identify clearly the 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 Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from the
proposed priority, requirements, definitions, 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 4W308, 400 Maryland Avenue SW.,
Washington, DC, between the hours of 8:30 a.m. and 4 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 purpose of the AENP is to support national-
level high-quality arts education activities and services for children
and youth, with special emphasis on serving children from low-income
families and children with disabilities.
Program Authority: 20 U.S.C. 7271.
Proposed Priority: This notice contains one proposed priority.
Model Projects
Background
Arts is a core academic subject. Arts education encourages
creativity and analytical thinking and it highlights a student's unique
qualities. Accordingly, and because the focus of the AENP is to promote
high-quality arts education with special emphasis on serving children
from low-income families and children with disabilities, we are seeking
to support one or more projects that will develop and implement
exemplary national-level arts education activities and services.
Proposed Priority
One or more high-quality projects that are designed to develop and
implement, or expand, initiatives in arts education and arts
integration (as defined in this notice) on a national level for pre-
kindergarten-through-grade-12 children and youth, with special emphasis
on serving children from low-income families (as defined in this
notice) and children with disabilities. In order to meet this priority,
an applicant must demonstrate that the project for which it seeks
funding will provide services and develop initiatives in multiple
schools and school districts throughout the country, including in at
least one urban, at least one rural, and at least one high-need
community (as defined in this notice).
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 (1)
awarding additional points, depending on the extent to which the
application meets the 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 priority.
However, we do not give an
[[Page 5244]]
application that meets the priority a preference over other
applications (34 CFR 75.105(c)(1)).
Proposed Requirements
Background
The AENP supports the implementation of high-quality arts education
and arts integration activities and services in music, dance, theater,
media arts, and visual arts, including folk arts. We are proposing
these requirements to ensure that funded projects have the capacity to
provide high-quality professional development, programming, and
resources in all of these art forms and to expand the reach of services
through strong partnerships with schools and communities.
Proposed Eligibility and Application Requirements
The Assistant Deputy Secretary proposes the following eligibility
and application requirements for this program. We may use one or more
of these requirements in any year in which we award grants for the
AENP.
1. To be eligible for an award, an applicant must be a national
nonprofit arts education organization (as defined in this notice).
2. An applicant must describe in its application how it would serve
children from low-income families and children with disabilities.
3. An applicant must describe in its application how it would
implement the following activities and services at the national level:
(i) Professional development based on State or national standards
for pre-kindergarten-through-grade-12 arts educators (as defined in
this notice).
Note: National standards are the arts standards developed by
the Consortium of National Arts Education Associations or another,
comparable set of national arts standards. The standards developed
by the Consortium outline what students should know and be able to
do in the arts. These are not Department standards. To view the
standards, please go to www.menc.org/resources/view/the-national-standards-for-arts-education-a-brief-history.
(ii) Development and dissemination of instructional materials,
including online resources, in music, dance, theater, media arts, and
visual arts, including folk arts, for arts educators.
(iii) Arts-based educational programming in music, dance, theater,
media arts, and visual arts, including folk arts, for pre-kindergarten-
through-grade-12 students and arts educators.
(iv) Community and national outreach activities and services that
strengthen and expand partnerships among schools, school districts, and
communities throughout the country.
Proposed Definitions
Background
Several terms associated with this program are not defined in
section 9101 of the ESEA. Therefore, we are proposing the following
definitions for these terms.
Proposed Definitions
The Assistant Deputy Secretary proposes the following definitions
for this program. We may use one or more of these definitions in any
year in which we award grants for the AENP.
Arts means music, dance, theater, media arts, and visual arts,
including folk arts.
Arts educator means a teacher or other instructional staffer who
works in music, dance, theater, media arts, or visual arts, including
folk arts.
Arts integration means (i) using high-quality arts instruction
within other academic content areas, and (ii) strengthening the arts as
a core academic subject in the school curriculum.
High-need community means (i) a political subdivision of a State or
portion of a political subdivision of a State, in which at least 50
percent of the children are from low-income families; or (ii) a
political subdivision of a State that is among the 10 percent of
political subdivisions of the State having the greatest numbers of such
children. For the purposes of determining if a community meets this
definition, the term ``low-income families'' means families with
incomes below the poverty line for the most recent fiscal year for
which satisfactory data are available.
National non-profit arts education organization means an
organization of national scope that is supported by staff or affiliates
at the State and local levels and that has a demonstrated history of
advancing high-quality arts education and arts integration for arts
educators, education leaders, artists, and students through
professional development, partnerships, educational programming, and
supporting systemic school reform.
Child from low-income family means a child who is determined by a
State educational agency or local educational agency to be a child, in
pre-kindergarten through grade 12, from a low-income family, on the
basis of (a) the family having an income that meets the poverty
criteria established by the U.S Department of Commerce, (b) the child's
eligibility for free or reduced-price lunches under the Richard B.
Russell National School Lunch Act, (c) the family's receipt of
assistance under Part A of title IV of the Social Security Act, or (d)
the child's eligibility for medical assistance under the Medicaid
program under title XIX of the Social Security Act.
Proposed Selection Criteria
Background
The AENP is intended to support high-quality arts education and
arts integration on a national level. To ensure that we award the grant
to entities that have demonstrated capacity to meet the purposes of the
program, we have developed program-specific selection criteria. We
propose to award a grant to an eligible entity on the basis of the
quality of applications submitted, after taking into consideration one
or more of the following proposed selection criteria as well as the
requirements of the program.
Proposed Selection Criteria
The Assistant Deputy Secretary proposes the following selection
criteria for evaluating an application under this program. We may apply
one or more of these criteria, as well as criteria from the Education
Department General Administrative Regulations in 34.CFR 75.210, in any
year in which this program is in effect. In the notice inviting
applications or the application package or both we will announce the
maximum possible points assigned to each criterion.
(1) Significance. The Secretary reviews each application to
determine the extent to which--
(a) The proposed project is likely to build State and local
capacity to provide, improve, or expand arts education and arts
integration that address the needs of children and youth, with special
emphasis on serving children from low-income families and children with
disabilities; and
(b) The applicant has a history of three or more years of
demonstrated excellence in the areas of arts education and arts
integration on a national scale.
(2) Quality of the project design. The Secretary reviews each
application to determine the extent to which--
(a) The design of the proposed project is appropriate to, and will
successfully address, the arts education needs of pre-kindergarten-
through-grade-12 children and youth, with special emphasis on children
from low-income families and children with disabilities;
(b) The proposed project will provide high-quality professional
development for pre-kindergarten-through-grade-12 arts educators who
provide instruction
[[Page 5245]]
in music, dance, drama, media arts, or visual arts, including folk
arts;
(c) The proposed project will develop and disseminate instructional
materials, including online resources, in multiple arts disciplines for
arts educators and other instructional staff;
(d) The proposed project will support arts-based educational
programming; and
(e) The proposed project will provide community and national
outreach that strengthens and expands partnerships among schools,
school districts, and communities throughout the country.
(3) Quality of project services. In determining the quality of the
services to be provided by the proposed project, the Secretary
considers the extent to which--
(a) The services to be provided by the proposed project involve the
collaboration of appropriate partners in order to maximize the
effectiveness of project services; and
(b) The proposed project will provide services and initiatives that
will reach students and arts educators in multiple schools and school
districts in urban, rural, and high-need communities throughout the
country.
Final Priority, Requirements, Definitions, and Selection Criteria
We will announce the final priority, requirements, definitions, and
selection criteria in a notice in the Federal Register. We will
determine the final priority, 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, or
selection criteria, subject to meeting applicable rulemaking
requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, requirements, definitions, and
selection criteria, we invite applications through a notice in the
Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
We have also reviewed these regulations under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only on a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority, requirements, definitions,
and selection criteria only on a reasoned determination that their
benefits justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that maximize net benefits.
Based on the analysis that follows, the Department believes that this
proposed regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with this regulatory action are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
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 an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: 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 via the Federal Digital System
at: www.gpo.gov/fdsys. At this site 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). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov.
[[Page 5246]]
Specifically, through the advanced search feature at this site, you can
limit your search to documents published by the Department.
Dated: January 27, 2012.
James H. Shelton, III.,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2012-2309 Filed 2-1-12; 8:45 am]
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