Arts in Education National Program; Final Priority, Requirements, Definitions, and Selection Criteria, 35953-35956 [2012-14731]
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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
sustained and intensive; (3) the total
number of students from low-income
families who participate in standardsbased arts education sponsored by the
grantee; and (4) the total number of
students with disabilities who
participate in standards-based arts
education sponsored by the grantee.
5. Continuation Awards: In making a
continuation award, the Secretary may
consider, under 34 CFR 75.253, the
extent to which a grantee has made
‘‘substantial progress toward meeting
the objectives in its approved
application.’’ This consideration
includes the review of a grantee’s
progress in meeting the targets and
projected outcomes in its approved
application, and whether the grantee
has expended funds in a manner that is
consistent with its approved application
and budget. In making a continuation
grant, the Secretary also considers
whether the grantee is operating in
compliance with the assurances in its
approved application, including those
applicable to Federal civil rights laws
that prohibit discrimination in programs
or activities receiving Federal financial
assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Agency Contact
FOR FURTHER INFORMATION CONTACT:
srobinson on DSK4SPTVN1PROD with NOTICES
Diane Austin, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 4W245, Washington, DC 20202–
5950. Telephone: (202) 260–1280 or by
email: artsdemo@ed.gov.
If you use a TDD or a TTY, call the
FRS, toll free, at 1–800–877–8339.
VIII. Other Information
Accessible Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT in section VII of this notice.
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
VerDate Mar<15>2010
17:05 Jun 14, 2012
Jkt 226001
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: June 12, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and
Improvement.
[FR Doc. 2012–14732 Filed 6–14–12; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[CFDA Number 84.351F]
Arts in Education National Program;
Final Priority, Requirements,
Definitions, and Selection Criteria
Office of Innovation and
Improvement, Department of Education.
ACTION: Notice.
AGENCY:
The Assistant Deputy
Secretary for Innovation and
Improvement announces the final
priority, requirements, definitions, and
selection criteria under the Arts in
Education National Program (AENP).
The Assistant Secretary may use this
priority and these requirements,
definitions and selection criteria for
competitions in fiscal year (FY) 2012
and later years. We take this action 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: Effective Dates: This priority and
these requirements, definitions, and
selection criteria are effective July 16,
2012.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Diane Austin, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 4W245, Washington, DC 20202–
5950. Telephone: (202) 260–1280 or by
email: artsdemo@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
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.
Applicable Regulations: (a) The
Education Department General
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35953
Administrative Regulations (EDGAR) in
34 CFR parts 74, 75, 77, 79, 80, 81, 82,
84, 86, 97, 98, and 99.
(b) The Education Department
debarment and suspension regulations
in 2 CFR part 3485.
We published a notice of proposed
priority, requirements, definitions, and
selection criteria for this program in the
Federal Register on February 2, 2012
(77 FR 5243). That notice contained
background information and our reasons
for proposing the particular priority,
requirements, definitions, and selection
criteria.
Except for minor editorial revisions,
there are no differences between the
proposed priority, requirements, and
selection criteria and this final priority,
requirements, and selection criteria.
There are minor editorial changes in the
definitions section. These changes are
fully explained in the Analysis of
Comments and Changes section
elsewhere in this notice.
Public Comment: In response to our
invitation in the notice of the proposed
priority, requirements, definitions, and
selection criteria, four parties submitted
comments on the proposed priority,
requirements, definitions, and selection
criteria.
Generally, we do not address
technical and other minor changes, or
suggested changes the law does not
authorize us to make. In addition, we do
not address general comments that
raised concerns not directly related to
the proposed priority, requirements,
definitions, or selection criteria.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority, requirements,
definitions, and selection criteria since
publication of the notice of proposed
priority, requirements, definitions, and
selection criteria follows.
Comment: One commenter inquired
as to whether the Department intended
to provide a higher priority to
applicants that propose to serve younger
learners.
Discussion: The Department is not
proposing that a particular age group be
given priority. Because the AENP is a
national program, we expect that the age
groups to be targeted and the types of
proposed programming will vary across
the country. We believe that applicants
should have the flexibility to plan and
carry out activities and services that best
address the specific needs of the
students they serve.
Changes: None.
Comment: One commenter suggested
that the Department broaden the
language for both the professional
development requirement and the
development and dissemination of
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instructional materials requirement to
specifically include general classroom
teachers who use the arts in their
classrooms. The commenter stated that
general classroom teachers have had
little, if any, professional development
either in teaching about the arts or
integrating the arts with other curricula.
The commenter further stated that
general classroom teachers should have
access to online instructional materials
so they can effectively use the arts in
their classrooms.
Discussion: The Department agrees
that general classroom teachers who use
arts in their classroom should receive
the necessary professional development
and instructional materials in order to
provide quality instruction in the arts.
In fact, the definition for ‘‘arts educator’’
on page 5244 of the February 2, 2012,
proposed notice is ‘‘a teacher or other
instructional staffer who works in
music, dance, theater, media arts or
visual arts, including folk arts.’’
Therefore, general classroom teachers
who use arts in their classroom, as well
as other educators who instruct children
in the arts, meet the definition included
in this notice and may benefit from
professional development, instructional
materials, and other services provided
under the AENP.
Changes: None.
Comment: The same commenter
suggested that the Department provide a
definition for the term ‘‘child with
disabilities’’ as that term is used in the
notice.
Discussion: We agree.
Changes: We are including a
definition of ‘‘children with
disabilities.’’ For purposes of this
program, ‘‘children with disabilities’’
means children who meet the definition
of ‘‘individual with a disability’’
applicable to Section 504 of the
Rehabilitation Act of 1973, as amended,
which is set out at 29 U.S.C. 705(20)(B).
Comment: The same commenter
raised concerns about the language
under Executive Order 13563(4) on page
5245 of the February 2, 2012, notice of
proposed priority, requirements,
definitions, and selection criteria. The
commenter stated that performance
objectives would not provide for the
kind of rigorous evaluation that should
be part of AENP and recommended that
the evaluation requirements be
strengthened. The commenter further
stated that a well-tailored research and
evaluation platform would assist the
grantee in knowing which programs
worked, what made them successful,
how they affected the target group, and
provide qualified examples for others.
Discussion: In the 2012 AENP notice
inviting applications for new awards,
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published elsewhere in this issue of the
Federal Register, we are including
selection criteria from the Education
Department General Administrative
Requirements (EDGAR) on the quality of
the project evaluation, which address
the commenter’s concerns.
Changes: We have added selection
criteria on evaluation under the heading
‘‘Quality of the project evaluation’’ in
the notice inviting applications.
Comment: One commenter
recommended that the art-based
educational programming requirement
be modified to emphasize the
importance of sequential, standardsbased teaching that is unique to music
education. The commenter added that it
would be beneficial for the Department
to acknowledge the importance of such
student engagement, particularly among
children from low-income families (as
defined in this notice).
Discussion: The Department believes
that the commenter’s concern is
addressed by the professional
development requirement. Applicants
are required to describe in their
applications how professional
development in all of the arts, including
music, will be aligned with State and
national standards. In addition, the
quality and depth of an applicant’s
professional development plan and the
potential impact on teachers, and
ultimately their students, will be
evaluated by peer reviewers. This
includes the impact of the professional
development on children from lowincome families and on children with
disabilities. The Department is not
giving any particular discipline a
priority.
Changes: None.
Comment: One commenter suggested
that the Department fund multiple
projects and organizations under AENP
in order to more significantly affect
students by supporting diversified
approaches to teaching and learning
through the arts.
Discussion: The funds available for
this program will likely not be sufficient
to support more than one grant,
particularly given the national-level
requirement of the projects. Applicants
are free to request sufficient funding to
address the scope and cost of the
services to be provided up to the
maximum level of funding available. If
the requested budget of the highest
ranked application does not reach the
maximum funding available, and if
sufficient funding remains, an
additional applicant could receive
funding.
Changes: None.
Final Priority:
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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 (as defined in
this notice). 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 highneed 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
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Final Eligibility and Application
Requirements:
The Assistant Deputy Secretary
establishes 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 (as defined in
this notice) and children with
disabilities.
3. An applicant must describe in its
application how it would implement the
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following activities and services at the
national level:
(i) Professional development based on
State or national standards for prekindergarten-through-grade-12 arts
educators.
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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
schools, school districts, and
communities throughout the country.
Final Definitions:
The Assistant Deputy Secretary
establishes 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.
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 child’s
eligibility for free or reduced-price
lunches under the Richard B. Russell
National School Lunch Act, (b) the
child’s eligibility for medical assistance
under the Medicaid program under title
XIX of the Social Security Act, (c) the
family having an income that meets the
poverty criteria established by the U.S
Department of Commerce, or (d) the
family’s receipt of assistance under Part
A of title IV of the Social Security Act.
Children with disabilities means
children who meet the definition of
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‘‘individual with a disability’’
applicable to Section 504 of the
Rehabilitation Act of 1973, as amended,
which definition is set out at 29 U.S.C.
705(20)(B).
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 that have an income that meets
the poverty criteria established by the
U.S. Department of Commerce 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.
Final Selection Criteria:
The Assistant Deputy Secretary
establishes 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. We will
announce the maximum possible points
assigned to each criterion in the notice
inviting applications, or the application
package, or both.
(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
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35955
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
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.
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
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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 final 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 this final
regulatory action 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
upon 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 final priority,
requirements, definitions, and selection
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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 regulatory action is
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action does 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, both
quantitative and qualitative, of this
regulatory action. The potential costs
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 program 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.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
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Dated: June 12, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and
Improvement.
[FR Doc. 2012–14731 Filed 6–14–12; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project Nos. 1175–015; 1290–012]
Appalachian Power Company; Notice
of Application Accepted for Filing,
Soliciting Motions To Intervene and
Protests, Ready for Environmental
Analysis, and Soliciting Comments,
Recommendations, Preliminary Terms
and Conditions, and Preliminary
Fishway Prescriptions
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: New Major
Licenses.
b. Project Nos.: 1175–015 and 1290–
012.
c. Date filed: January 31, 2012.
d. Applicant: Appalachian Power
Company.
e. Name of Project: London-Marmet
and Winfield Hydroelectric Projects.
f. Location: The existing projects are
located on the Kanawha River. The
London/Marmet Project is located in
Fayette and Kanawha Counties, West
Virginia, and the Winfield Project is
located in Kanawha and Putnam
Counties, West Virginia. The London/
Marmet and Winfield Projects would
occupy 11.71 and 8.25 acres,
respectively, of federal land managed by
the U.S. Army Corp of Engineers.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791 (a)–825(r).
h. Applicant Contact: Harold G.
Slone, Manager, Appalachian Power
Company, 40 Franklin Road, Roanoke,
VA 24011; Telephone (540) 985–2861.
i. FERC Contact: Brandi Sangunett,
(202) 502–8393 or
brandi.sangunett@ferc.gov.
j. Deadline for filing motions to
intervene and protests, comments,
recommendations, preliminary terms
and conditions, and preliminary
prescriptions: 60 days from the issuance
date of this notice; reply comments are
due 105 days from the issuance date of
this notice.
Motions to intervene, protests,
comments, recommendations,
preliminary terms and conditions, and
preliminary fishway prescriptions may
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Agencies
[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 35953-35956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14731]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[CFDA Number 84.351F]
Arts in Education National Program; Final Priority, Requirements,
Definitions, and Selection Criteria
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement
announces the final priority, requirements, definitions, and selection
criteria under the Arts in Education National Program (AENP). The
Assistant Secretary may use this priority and these requirements,
definitions and selection criteria for competitions in fiscal year (FY)
2012 and later years. We take this action 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: Effective Dates: This priority and these requirements,
definitions, and selection criteria are effective July 16, 2012.
FOR FURTHER INFORMATION CONTACT: Diane Austin, U.S. Department of
Education, 400 Maryland Avenue SW., Room 4W245, Washington, DC 20202-
5950. Telephone: (202) 260-1280 or by email: artsdemo@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
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.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80,
81, 82, 84, 86, 97, 98, and 99.
(b) The Education Department debarment and suspension regulations
in 2 CFR part 3485.
We published a notice of proposed priority, requirements,
definitions, and selection criteria for this program in the Federal
Register on February 2, 2012 (77 FR 5243). That notice contained
background information and our reasons for proposing the particular
priority, requirements, definitions, and selection criteria.
Except for minor editorial revisions, there are no differences
between the proposed priority, requirements, and selection criteria and
this final priority, requirements, and selection criteria. There are
minor editorial changes in the definitions section. These changes are
fully explained in the Analysis of Comments and Changes section
elsewhere in this notice.
Public Comment: In response to our invitation in the notice of the
proposed priority, requirements, definitions, and selection criteria,
four parties submitted comments on the proposed priority, requirements,
definitions, and selection criteria.
Generally, we do not address technical and other minor changes, or
suggested changes the law does not authorize us to make. In addition,
we do not address general comments that raised concerns not directly
related to the proposed priority, requirements, definitions, or
selection criteria.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority, requirements, definitions, and
selection criteria since publication of the notice of proposed
priority, requirements, definitions, and selection criteria follows.
Comment: One commenter inquired as to whether the Department
intended to provide a higher priority to applicants that propose to
serve younger learners.
Discussion: The Department is not proposing that a particular age
group be given priority. Because the AENP is a national program, we
expect that the age groups to be targeted and the types of proposed
programming will vary across the country. We believe that applicants
should have the flexibility to plan and carry out activities and
services that best address the specific needs of the students they
serve.
Changes: None.
Comment: One commenter suggested that the Department broaden the
language for both the professional development requirement and the
development and dissemination of
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instructional materials requirement to specifically include general
classroom teachers who use the arts in their classrooms. The commenter
stated that general classroom teachers have had little, if any,
professional development either in teaching about the arts or
integrating the arts with other curricula. The commenter further stated
that general classroom teachers should have access to online
instructional materials so they can effectively use the arts in their
classrooms.
Discussion: The Department agrees that general classroom teachers
who use arts in their classroom should receive the necessary
professional development and instructional materials in order to
provide quality instruction in the arts. In fact, the definition for
``arts educator'' on page 5244 of the February 2, 2012, proposed notice
is ``a teacher or other instructional staffer who works in music,
dance, theater, media arts or visual arts, including folk arts.''
Therefore, general classroom teachers who use arts in their classroom,
as well as other educators who instruct children in the arts, meet the
definition included in this notice and may benefit from professional
development, instructional materials, and other services provided under
the AENP.
Changes: None.
Comment: The same commenter suggested that the Department provide a
definition for the term ``child with disabilities'' as that term is
used in the notice.
Discussion: We agree.
Changes: We are including a definition of ``children with
disabilities.'' For purposes of this program, ``children with
disabilities'' means children who meet the definition of ``individual
with a disability'' applicable to Section 504 of the Rehabilitation Act
of 1973, as amended, which is set out at 29 U.S.C. 705(20)(B).
Comment: The same commenter raised concerns about the language
under Executive Order 13563(4) on page 5245 of the February 2, 2012,
notice of proposed priority, requirements, definitions, and selection
criteria. The commenter stated that performance objectives would not
provide for the kind of rigorous evaluation that should be part of AENP
and recommended that the evaluation requirements be strengthened. The
commenter further stated that a well-tailored research and evaluation
platform would assist the grantee in knowing which programs worked,
what made them successful, how they affected the target group, and
provide qualified examples for others.
Discussion: In the 2012 AENP notice inviting applications for new
awards, published elsewhere in this issue of the Federal Register, we
are including selection criteria from the Education Department General
Administrative Requirements (EDGAR) on the quality of the project
evaluation, which address the commenter's concerns.
Changes: We have added selection criteria on evaluation under the
heading ``Quality of the project evaluation'' in the notice inviting
applications.
Comment: One commenter recommended that the art-based educational
programming requirement be modified to emphasize the importance of
sequential, standards-based teaching that is unique to music education.
The commenter added that it would be beneficial for the Department to
acknowledge the importance of such student engagement, particularly
among children from low-income families (as defined in this notice).
Discussion: The Department believes that the commenter's concern is
addressed by the professional development requirement. Applicants are
required to describe in their applications how professional development
in all of the arts, including music, will be aligned with State and
national standards. In addition, the quality and depth of an
applicant's professional development plan and the potential impact on
teachers, and ultimately their students, will be evaluated by peer
reviewers. This includes the impact of the professional development on
children from low-income families and on children with disabilities.
The Department is not giving any particular discipline a priority.
Changes: None.
Comment: One commenter suggested that the Department fund multiple
projects and organizations under AENP in order to more significantly
affect students by supporting diversified approaches to teaching and
learning through the arts.
Discussion: The funds available for this program will likely not be
sufficient to support more than one grant, particularly given the
national-level requirement of the projects. Applicants are free to
request sufficient funding to address the scope and cost of the
services to be provided up to the maximum level of funding available.
If the requested budget of the highest ranked application does not
reach the maximum funding available, and if sufficient funding remains,
an additional applicant could receive funding.
Changes: None.
Final 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 (as defined in this notice). 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 application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Eligibility and Application Requirements:
The Assistant Deputy Secretary establishes 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 (as defined in this notice) and
children with disabilities.
3. An applicant must describe in its application how it would
implement the
[[Page 35955]]
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.
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.
Final Definitions:
The Assistant Deputy Secretary establishes 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.
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 child's eligibility for free or reduced-price lunches
under the Richard B. Russell National School Lunch Act, (b) the child's
eligibility for medical assistance under the Medicaid program under
title XIX of the Social Security Act, (c) the family having an income
that meets the poverty criteria established by the U.S Department of
Commerce, or (d) the family's receipt of assistance under Part A of
title IV of the Social Security Act.
Children with disabilities means children who meet the definition
of ``individual with a disability'' applicable to Section 504 of the
Rehabilitation Act of 1973, as amended, which definition is set out at
29 U.S.C. 705(20)(B).
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 that have
an income that meets the poverty criteria established by the U.S.
Department of Commerce 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.
Final Selection Criteria:
The Assistant Deputy Secretary establishes 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. We will announce the maximum
possible points assigned to each criterion in the notice inviting
applications, or the application package, or both.
(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 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.
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
[[Page 35956]]
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 final 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 this final regulatory action 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 upon 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 final 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
regulatory action is consistent with the principles in Executive Order
13563.
We also have determined that this regulatory action does 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, both quantitative and
qualitative, of this regulatory action. The potential costs 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 program 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. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: June 12, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2012-14731 Filed 6-14-12; 8:45 am]
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