Proposed Requirements, Definitions, and Selection Criteria-Native American Career and Technical Education Program (NACTEP), 69579-69585 [2012-28216]
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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Proposed Rules
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.1061 to revise
paragraph (b) to read as follows:
§ 117.1061
Tacoma Harbor.
*
*
*
*
*
(b) The draw of the Murray Morgan
Bridge, also known as the South 11th
Street Bridge, across Thea Foss
Waterway, previously known as City
Waterway, mile 0.6, at Tacoma, shall
open on signal if at least two hours
notice is given. However, to obtain a
bridge opening between 10 p.m. and 8
a.m., notification must be made to the
City of Tacoma by 8 p.m. In
emergencies, openings shall be made as
soon as possible upon notification to the
City of Tacoma.
Dated: November 2, 2012.
K.A. Taylor,
Rear Admiral, U. S. Coast Guard Commander,
Thirteenth Coast Guard District.
[FR Doc. 2012–28130 Filed 11–19–12; 8:45 am]
BILLING CODE 9110–04–P
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14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
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DEPARTMENT OF EDUCATION
34 CFR Chapter IV
[Docket ID ED–2012–OVAE–0053]
Proposed Requirements, Definitions,
and Selection Criteria—Native
American Career and Technical
Education Program (NACTEP)
Office of Vocational and Adult
Education, Department of Education.
ACTION: Proposed requirements,
definitions, and selection criteria.
AGENCY:
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.101A.
The Assistant Secretary for
Vocational and Adult Education
proposes requirements, definitions, and
selection criteria under the Native
American Career and Technical
Education Program (NACTEP). The
Assistant Secretary may use these
requirements, definitions, and selection
criteria for a competition in fiscal year
(FY) 2013 and possibly in later years.
The requirements, definitions, and
selection criteria we propose in this
notice are the same as those we used in
SUMMARY:
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the notice inviting applications for the
first NACTEP competition we held in
FY 2007 (see Federal Register March 23,
2007 (72 FR 13770) (March 2007
notice)) following the enactment of the
Carl D. Perkins Career and Technical
Education Act of 2006 (Act). In the
March 2007 notice, we established these
requirements, definitions, and selection
criteria pursuant to a waiver of
rulemaking under the authority of
section 457(d) of the General Education
Provisions Act. Because the project
period for NACTEP grants awarded in
FY 2007 will end in September 2013,
we are publishing the NACTEP
requirements, definitions, and selection
criteria for public comment. When
published in final, these requirements,
definitions, and selection criteria would
govern the next NACTEP competition
and possibly also subsequent NACTEP
competitions.
We must receive your comments
on or before December 20, 2012.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by email. To ensure
that we do not receive duplicate copies,
please submit your comments only
once. In addition, please include the
Docket ID at the top of your comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘How to Use This Site.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
requirements, definitions, and selection
criteria, address them to Gwen
Washington, U.S. Department of
Education, 400 Maryland Avenue SW.,
room 11076, Potomac Center Plaza,
Washington, DC 20202–7241; or Linda
Mayo, U.S. Department of Education,
400 Maryland Avenue SW., Room
11075, Potomac Center Plaza,
Washington, DC 20202–7241.
DATES:
Privacy Note: The Department’s policy is
to make all comments received from
members of the public available for public
viewing in their entirety on the Federal
eRulemaking Portal at www.regulations.gov.
Therefore, commenters should be careful to
include in their comments only information
that they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT:
Gwen Washington, by telephone: (202)
245–7790, or by email:
gwen.washington@ed.gov; or Linda
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Mayo, by telephone: (202) 245–7792, or
by email: linda.mayo@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.
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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 requirements, definitions,
and selection criteria, we urge you to
identify clearly the specific proposed
requirement, definition, or selection
criterion that each comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Order 12866
and its overall requirement of reducing
regulatory burden that might result from
these proposed 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 these proposed requirements,
definitions, and selection criteria by
accessing Regulations.gov. You may also
inspect the comments in person in
rooms 11076/11075, 550–12th Street
SW., Washington, DC, between 8:30
a.m. and 4:00 p.m., Washington, DC
time, Monday through Friday of each
week except Federal holidays. Please
contact the persons listed under FOR
FURTHER INFORMATION CONTACT.
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: Under NACTEP,
the Secretary provides grants,
cooperative agreements, or enters into
contracts with Indian tribes, tribal
organizations, or Alaska Native entities
to improve career and technical
education programs that are consistent
with the purposes of the Act and that
benefit Native Americans and Alaska
Natives.
Program Authority: 20 U.S.C. 2301 et seq.,
particularly 2326(a)–(g).
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Proposed Requirements, Definitions,
and Selection Criteria
Background
Section 116 of the Act authorizes the
Secretary to award grants, cooperative
agreements, or enter into contracts with
Indian tribes, tribal organizations, and
Alaska Native entities to operate career
and technical education projects that
improve career and technical education
for Native American and Alaska Native
students. Bureau-funded schools are
eligible under NACTEP, except for
Bureau-funded schools proposing to use
their awards to support secondary
school career and technical education
programs. Any Indian tribe, tribal
organization, Alaska Native entity, or
eligible Bureau-funded school may
apply individually or as part of a
consortium with one or more eligible
tribes, tribal organizations, Alaska
Native entities, or eligible Bureaufunded schools. (Eligible applicants
seeking to apply for funds as a
consortium must meet the requirements
in 34 CFR 75.127–75.129, which apply
to group applications.)
The Act also provides in the
statement of purpose that programs
funded under the Act should build on
the efforts of States and localities to
develop challenging academic and
technical standards and to assist
students in meeting such standards,
including in preparation for high-skill,
high-wage, or high-demand occupations
in emerging or established professions.
(20 U.S.C. 2301(1)) In addition,
programs are required to provide
technical assistance that promotes
leadership, initial preparation, and
professional development and improves
the quality of career and technical
education teachers, faculty,
administrators, and counselors. (20
U.S.C. 2301(5)) Additionally, the Act’s
purpose section calls for supporting
partnerships among secondary schools,
postsecondary institutions,
baccalaureate degree-granting
institutions, area career and technical
education schools, local workforce
investment boards, business and
industry, and intermediaries, as well as
for providing, in conjunction with other
education and training programs,
individuals with opportunities
throughout their lives to develop the
knowledge and skills needed to keep the
United States competitive. (20 U.S.C.
2301(6) and (7))
We are not including in this notice, or
seeking public comment on,
requirements or definitions contained in
the Act, in Federal statutory provisions
cross-referenced in the Act, in the
Education Department General
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Administrative Regulations (EDGAR), or
in any other applicable, existing
regulations. For the convenience of
eligible applicants, in our notice
announcing the next NACTEP
competition we plan to discuss statutory
program requirements and definitions,
and key applicable regulatory
provisions, as we did in the March 2007
notice inviting applications.
Proposed Requirements
I. Demonstration of Eligibility
(a) We propose that an eligible
applicant (as determined by the Act)
must include documentation in its
application showing that it and, if
appropriate, its consortium members are
eligible to apply.
(b) As defined in the Indian SelfDetermination and Education
Assistance Act (ISDEA) (25 U.S.C.
450b(l)) the term ‘‘tribal organization’’
means the recognized governing body of
any Indian tribe; any legally established
organization of Indians which is
controlled, sanctioned, or chartered by
such governing body or which is
democratically elected by the adult
members of the Indian community to be
served by such organization and which
includes the maximum participation of
Indians in all phases of its activities:
provided, that in any case where a
contract is let or grant made to an
organization to perform services
benefiting more than one Indian tribe,
the approval of each such Indian tribe
shall be a prerequisite to the letting or
making of such contract or grant. In
accordance with this statutory
definition, we propose that any tribal
organization proposing to provide
NACTEP services for the benefit of more
than one Indian tribe must first obtain
the approval of each Indian tribe it
proposes to serve and must submit
documentation of such approval with its
NACTEP application and that
documentation of tribal approval be a
prerequisite to the awarding of a
NACTEP grant to any tribal organization
proposing to serve more than one Indian
tribe.
II. Authorized Programs, Services, and
Activities
Consistent with the Act, the Secretary
proposes the following requirements, to
align NACTEP with other authorized
programs that require recipients of
funds under the Act to develop
challenging academic standards and
improve career and technical education.
(a) Authorized programs. Section
116(e) of the Act requires the Secretary
to ensure that activities funded under
NACTEP ‘‘will improve career and
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technical education programs’’ (20
U.S.C. 2326(e)). Therefore, the Secretary
proposes to award grants to carry out
projects that—
(1) Propose organized educational
activities offering a sequence of courses
that—
(i) Provide individuals with coherent
and rigorous content aligned with
challenging academic standards and
relevant technical knowledge and skills
needed to prepare for further education
and careers in current or emerging
professions;
(ii) Provide technical skill
proficiency, an industry-recognized
credential, a certificate, or an associate
degree; and
(iii) Include competency-based
applied learning that contributes to the
academic knowledge, higher-order
reasoning and problem-solving skills,
work attitudes, general employability
skills, technical skills, and occupationspecific skills, and knowledge of all
aspects of an industry, including
entrepreneurship, of an individual.
Projects may include prerequisite
courses (other than remedial courses)
that meet the definitional requirements
of section 3(5) of the Act. (20 U.S.C.
2302(5)) In addition, at the secondary
level, coherent and rigorous academic
curriculum must be aligned with
challenging academic content standards
and student academic achievement
standards in reading or language arts
and in mathematics that the State in
which the applicant is located has
established under the Elementary and
Secondary Education Act, as amended
(20 U.S.C. 6301 et seq.) Contacts for
State ESEA programs may be found on
the Internet at: https://www.ed.gov/
about/contacts/state/.
(2) Develop new programs, services,
or activities or improve or expand
existing programs, services, or activities
that are consistent with the purposes of
the Act. In other words, the Department
will support ‘‘expansions’’ or
‘‘improvements’’ that include, but are
not limited to, the expansion of effective
programs or practices; upgrading of
activities, equipment, or materials;
increasing staff capacity; adoption of
new technology; modification of
curriculum; or implementation of new
policies to improve program
effectiveness and outcomes.
(3) Fund a career and technical
education program, service, or activity
that—
(i) Is a new program, service, or
activity that was not provided by the
applicant during the instructional term
(a defined period, such as a semester,
trimester, or quarter, within the
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academic year) that preceded the
request for funding under NACTEP;
(ii) Will improve or expand an
existing career and technical education
program; or
(iii) Inherently improves career and
technical education.
Note: A program, service, or activity
‘‘inherently improves career and technical
education’’ if it—
(a) Develops new career and technical
education programs of study that will be
approved by the appropriate accreditation
agency;
(b) Strengthens the rigor of the academic
and career and technical components of
funded programs;
(c) Uses curriculum that is aligned with
industry-recognized standards and will result
in students attaining industry-recognized
credentials, certificates, or degrees;
(d) Integrates academics (other than
remedial courses) with career and technical
education programs through a coherent
sequence of courses to ensure learning in the
core academic and career and technical
subjects;
(e) Links career and technical education at
the secondary level with career and technical
education at the postsecondary level and
facilitates students’ pursuit of a baccalaureate
degree;
(f) Expands the scope, depth, and relevance
of curriculum, especially content that
provides students with a comprehensive
understanding of all aspects of an industry
and a variety of hands-on, job-specific
experiences; and
(g) Offers—
(1) Work-related experience, internships,
cooperative education, school-based
enterprises, entrepreneurship, community
service learning, and job shadowing that are
related to career and technical education
programs;
(2) Coaching/mentoring, support services,
and extra help for students after school, on
weekends and/or during the summers, so
they can meet higher standards;
(3) Career guidance and academic
counseling for students participating in
career and technical education programs;
(4) Placement services for students who
have successfully completed career and
technical education programs and attained a
technical skill proficiency that is aligned
with industry-recognized standards;
(5) Professional development programs for
teachers, counselors, and administrators;
(6) Strong partnerships among grantees and
local educational agencies, postsecondary
institutions, community leaders, adult
education providers, and, as appropriate,
other entities, such as employers, labor
organizations, parents, and local
partnerships, to enable students to achieve
State academic standards and career and
technical skills;
(7) The use of student assessment and
evaluation data to improve continually
instruction and staff development with the
goal of increasing student achievement in
career and technical education programs; or
(8) Research, development, demonstration,
dissemination, evaluation and assessment,
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capacity-building, and technical assistance,
related to career and technical education
programs.
(b) Student stipends. In accordance
with section 116(c)(2) of the Act, a
portion of an award under this program
may be used to provide stipends (as
defined in the Definitions section of this
notice) to one or more students to help
meet the students’ costs of participation
in a NACTEP project. We propose the
following procedures for determining
student eligibility for stipends and
appropriate amounts to be awarded as
stipends:
(1) To be eligible for a stipend a
student must—
(i) Be enrolled in a career and
technical education project funded
under this program;
(ii) Be in regular attendance in a
NACTEP project and meet the training
institution’s attendance requirement;
(iii) Maintain satisfactory progress in
his or her program of study according to
the training institution’s published
standards for satisfactory progress; and
(iv) Have an acute economic need
that—
(A) Prevents participation in a project
funded under this program without a
stipend; and
(B) Cannot be met through a workstudy program.
(2) The amount of a stipend is the
greater of either the minimum hourly
wage prescribed by State or local law or
the minimum hourly wage established
under the Fair Labor Standards Act.
(3) A grantee may only award a
stipend if the stipend combined with
other resources the student receives
does not exceed the student’s financial
need. A student’s financial need is the
difference between the student’s cost of
attendance and the financial aid or other
resources available to defray the
student’s cost of participating in a
NACTEP project.
(4) To calculate the amount of a
student’s stipend, a grantee would
multiply the number of hours a student
actually attends career and technical
education instruction by the amount of
the minimum hourly wage that is
prescribed by State or local law, or by
the minimum hourly wage that is
established under the Fair Labor
Standards Act.
Example: If a grantee uses the Fair Labor
Standards Act minimum hourly wage of
$7.25 and a student attends classes for 20
hours a week, the student’s stipend would be
$145 for the week during which the student
attends classes ($7.25 × 20 = $145.00).
Note: In accordance with applicable
Department statutory requirements and
administrative regulations, grantees must
maintain records that fully support their
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decisions to award stipends and the amounts
that are paid, such as proof of a student’s
enrollment in a NACTEP project, stipend
applications, timesheets showing the number
of attendance hours confirmed in writing by
an instructor, student financial status
information, and evidence that a student
would not be able to participate in the
NACTEP project without a stipend. (20
U.S.C. 1232f; 34 CFR 75.700–75.702; 75.730;
and 75.731).
(5) An eligible student may receive a
stipend when taking a course for the
first time. However, generally a stipend
may not be provided to a student who
has already taken, completed, and had
the opportunity to benefit from a course
and is merely repeating the course.
(6) An applicant must include in its
application the procedure it intends to
use to determine student eligibility for
stipends and stipend amounts, and its
oversight procedures for the awarding
and payment of stipends.
(c) Direct assistance to students. We
propose that a grantee may provide
direct assistance to students (as defined
in this notice) if the following
conditions are met:
(1) The recipient of the direct
assistance is an individual who is a
member of a special population and
who is participating in the grantee’s
NACTEP project.
(2) The direct assistance is needed to
address barriers to the individual’s
successful participation in that project.
(3) The direct assistance is part of a
broader, more generally focused
program or activity to address the needs
of an individual who is a member of a
special population.
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Note: Direct assistance to individuals who
are members of special populations is not, by
itself, a ‘‘program or activity for special
populations.’’
(4) The grant funds used for direct
assistance must be expended to
supplement, and not supplant,
assistance that is otherwise available
from non-Federal sources. (20 U.S.C.
2391(a)) For example, generally, a
postsecondary educational institution
could not use NACTEP funds to provide
child care for single parents if nonFederal funds previously were made
available for this purpose, or if nonFederal funds are used to provide child
care services for single parents
participating in non-career and
technical education programs and these
services otherwise would have been
available to career and technical
education students in the absence of
NACTEP funds.
(5) In determining how much of the
NACTEP grant funds it will use for
direct assistance to an eligible student,
a grantee must consider whether the
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specific services to be provided are a
reasonable and necessary cost of
providing career and technical
education programs for special
populations. However, the Secretary
does not envision a circumstance in
which it would be a reasonable and
necessary expenditure of NACTEP
project funds for a grantee to use a
majority of a project’s budget to pay
direct assistance to students, in lieu of
providing the students served by the
project with career and technical
education.
III. Additional Proposed Program
Requirements
(a) Career and technical education
agreement. Any applicant that is not
proposing to provide career and
technical education directly to its
students and proposes instead to use
NACTEP funds to pay one or more
qualified educational entities to provide
education to its students must include
with its application a written career and
technical education agreement between
the applicant and that entity. The
written agreement must describe the
commitment between the applicant and
each educational entity and must
include, at a minimum, a statement of
the responsibilities of the applicant and
the entity. The agreement must be
signed by the appropriate individuals
on behalf of each party, such as the
authorizing official or president of a
tribe or tribal organization, a college
president, or a college dean.
(b) Evaluation Requirements. To help
ensure the high quality of NACTEP
projects and the achievement of the
goals and purposes of section 116 of the
Act, each grantee must budget for and
conduct an ongoing evaluation of the
effectiveness of its NACTEP project. An
independent evaluator must conduct the
evaluation. The evaluation must—
(1) Be appropriate for the project and
be both formative and summative in
nature;
(2) Include—
(i) Applicable performance measures
for NACTEP;
(ii) Qualitative and quantitative data
with respect to—
(A) Academic and career and
technical competencies demonstrated
by the participants and the number and
kinds of academic and work credentials
acquired by individuals, including
participation in programs providing
skill proficiency assessments, industry
certifications, or training at the associate
degree level that is articulated with an
advanced degree option;
(B) Enrollment, completion, and
placement of participants by gender for
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each occupation for which training was
provided;
(C) Job or work skill attainment or
enhancement, including participation in
apprenticeship and work-based learning
programs, and student progress in
achieving technical skill proficiencies
necessary to obtain employment in the
field for which the student has been
prepared, including attainment or
enhancement of technical skills in the
industry the student is preparing to
enter;
(D) Activities during the formative
stages of the project to help guide and
improve the project, as well as a
summative evaluation that includes
recommendations for disseminating
information on project activities and
results;
(E) The number and percentage of
students who obtained industryrecognized credentials, certificates, or
degrees;
(F) If available, the outcomes of
students’ technical assessments, by type
and scores; and
(G) The rates of attainment of a
proficiency credential or certificate, in
conjunction with a secondary school
diploma.
(c) Project Effectiveness. Measure the
effectiveness of the project, including:
(1) A comparison between the
intended and observed results; and
(2) A demonstration of a clear link
between the observed results and the
specific treatment given to project
participants.
(d) Dissemination. Measure the extent
to which information about or resulting
from the project was disseminated at
other sites, such as through the grantee’s
development and use of guides or
manuals that provide step-by-step
directions for practitioners to follow
when initiating similar efforts.
(e) Long-Term Impact. Measure the
long-term impact of the project, such as,
follow-up data on students’
employment, sustained employment,
promotions, and further/continuing
education or training, or the impact the
project had on tribal economic
development or career and technical
education activities offered by tribes.
Proposed Definitions
We are proposing the following
definitions for program terms not
defined in the Act, by cross-references
in the Act to other Federal statutes, or
in EDGAR:
Acute economic need means an
income that is at or below the national
poverty level according to the latest
available data from the U.S. Department
of Commerce or the U.S. Department of
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Health and Human Services Poverty
Guidelines.
Direct assistance to students means
tuition, dependent care, transportation,
books, and supplies that are necessary
for a student to participate in a project
funded under this program.
Stipend means a subsistence
allowance for a student that is necessary
for the student to participate in a project
funded under this program.
Proposed Selection Criteria
The Assistant Secretary proposes the
following selection criteria for
evaluating an application under this
program. We may apply one or more of
these criteria in any year in which this
program is in effect. We will announce
the maximum possible points assigned
to each criterion in the notice inviting
applications, in the application package,
or both.
(a) Need for project. In determining
the need for the proposed project, we
consider the extent of the need for the
services to be provided or the activities
to be carried out by the proposed
project, as evidenced by data on such
phenomena as local labor market
demand or occupational trends, or from
surveys, recommendations from
accrediting agencies, or tribal economic
development plans.
(b) Significance. In determining the
significance of the proposed project, we
consider the following factors:
(1) The potential contribution of the
proposed project toward increasing the
understanding of educational needs,
issues, or strategies for providing career
and technical education to American
Indians and Alaska Natives.
(2) The likelihood that the proposed
project will result in system change or
improvement in the applicant’s
educational program as evidenced by
the types of training and activities
identified in the project application.
(3) The extent to which the proposed
project is likely to build local capacity
to provide, improve, or expand services
that address the career and technical
needs of the target population.
(c) Quality of the project design. In
determining the quality of the design of
the proposed project, we consider the
following factors:
(1) The extent to which goals,
objectives, and outcomes are clearly
specified and measurable (e.g.,
identification of the requirements for
each course of study to be provided
under the project, the technical skill
proficiencies to be taught and the
industry-recognized standards or
competency assessments to be used,
including related training areas and a
description of the industry
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certifications, credentials, certificates, or
degrees that students may earn;
expected enrollments, completions, and
student placements in jobs, military
specialties, and continuing education/
training opportunities in each career
training area; the number of teachers,
counselors, and administrators to be
trained).
(2) The extent to which the design of
the proposed project is appropriate to,
and will successfully address, the needs
of the target population or other
identified needs, as evidenced by the
applicant’s description of programs and
activities that align with the target
population’s needs.
(3) The extent to which the design for
implementing and evaluating the
proposed project plans for and is likely
to result in the development of
information that will guide possible
dissemination of information on project
practices, activities, or strategies,
including information about the
effectiveness of the approach or
strategies employed by the project,
planned dissemination activities, the
kind of practices, activities, or strategies
to be disseminated, the target audience
for the dissemination of such practices,
activities, or strategies, and the
proposed uses for such disseminated
practices, activities, or strategies.
(4) The extent to which the proposed
project will establish linkages with or
will be coordinated with similar or
related efforts, and with community,
State, or Federal resources, where such
opportunities and resources exist.
(d) Quality of project services. In
determining the quality of the services
to be provided by the proposed project,
we consider the following factors:
(1) The extent to which the training or
professional development services to be
provided by the proposed project would
be of sufficient quality, intensity, and
duration to lead to improvements in
practice among the project staff and
instructors, including the extent to
which the proposed training and
professional development plans address
ways in which learning gaps will be
addressed and how continuous review
of performance will be conducted to
identify training needs.
(2) The extent to which the services
to be provided by the proposed project
will create opportunities for students to
receive an industry-recognized
credential; become employed in highskill, high-wage, and high-demand
occupations; or both.
(3) The extent to which the services
proposed in the project will create
opportunities for students to acquire
technical skill proficiencies, industry
certifications, or the skills identified by
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69583
State or industry-recognized career and
technical education programs or
professions. In describing the services,
there must be a clear link between the
services and the skill proficiencies,
industry certifications, credentials,
certificates, or degrees that students may
earn.
(e) Quality of project personnel. In
determining the quality of project
personnel, we consider the following
factors:
(1) The extent to which the applicant
encourages applications for employment
from persons who are members of
groups that have traditionally been
underrepresented based on color,
national origin, gender, age, or
disability.
(2) The qualifications, including
relevant training, expertise, and
experience, of the project director, key
personnel, and project consultants.
(3) The extent to which the project
will use instructors who are certified to
teach in the field in which they will
provide instruction.
(f) Adequacy of resources. In
determining the adequacy of resources
for the proposed project, we consider
the following factors:
(1) The adequacy of support,
including facilities, equipment,
supplies, and other resources, from the
applicant organization(s) and the tribal
entity or entities to be served.
(2) The extent to which the budget is
adequate and costs are reasonable in
relation to the objectives of the
proposed project.
(3) The relevance and demonstrated
commitment (e.g., through written
career and technical education
agreements, memoranda of
understanding, letters of support and
commitment, or commitments to
employ project participants, as
appropriate) of the applicant, members
of the consortium, local employers, or
tribal entities to be served by the
project.
(4) The potential for continued
support of the project after Federal
funding ends.
(g) Quality of the management plan.
In determining the quality of the
management plan for the proposed
project, we consider the following
factors:
(1) The adequacy of the management
plan to achieve the objectives of the
proposed project on time and within
budget, including clearly defined
responsibilities, timelines, and the
milestones and performance standards
for accomplishing project tasks.
(2) The extent to which the time
commitments of the project director and
other key project personnel are
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appropriate and adequate to meet the
objectives of the proposed project.
(3) The adequacy of mechanisms for
ensuring high-quality products and
services from the proposed project.
(h) Quality of the project evaluation.
In determining the quality of the
evaluation, we consider the following
factors:
(1) The extent to which the methods
of evaluation proposed by the grantee
are thorough, feasible, and appropriate
to the goals, objectives, and outcomes of
the proposed project.
(2) The extent to which the methods
of evaluation include the use of
objective performance measures that are
clearly related to the intended outcomes
of the project and the Government
Performance and Results Act of 1993
(GPRA) performance measures, and will
produce quantitative and qualitative
data, to the extent possible.
(3) The extent to which the methods
of the evaluation include processes that
consider the validity and integrity of
data collection and analysis;
accessibility of appropriate and timely
data; accurate descriptions of
performance; collection processes that
yield unbiased, unprejudiced, and
impartial data results; and the extent to
which representation of the data clearly
communicates an accurate picture of
performance.
(4) The extent to which the methods
of evaluation will provide performance
feedback and continuous improvement
toward achieving intended outcomes.
(5) The quality of the evaluation to be
conducted by an external evaluator with
the necessary background and technical
expertise to carry out the evaluation.
Additional Selection Factors
In accordance with the requirement in
section 116(e) of the Act, we have
included the following additional
selection factors and propose to award
additional points to any application
addressing the following factors, as
indicated. We are not soliciting public
comment on the section 116(e)
requirement but only on the way we are
proposing to meet the requirement.
We propose to award—
(a) Up to 10 additional points to
applications that propose exemplary
approaches that involve, coordinate
with, or encourage tribal economic
development plans; and
(b) Five points to applications from
tribally controlled colleges or
universities that—
(1) Are accredited or are candidates
for accreditation by a nationally
recognized accreditation organization as
an institution of postsecondary career
and technical education; or
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(2) Operate career and technical
education programs that are accredited
or are candidates for accreditation by a
nationally recognized accreditation
organization and issue certificates for
completion of career and technical
education programs (20 U.S.C. 2326(e)).
We will determine final requirements,
definitions, and selection criteria for
NACTEP after considering responses to
this notice and other information
available to the Department. We will
announce final requirements,
definitions, and selection criteria for
NACTEP in a notice in the Federal
Register. This notice does not preclude
us from proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
This notice does not solicit
applications. In any year in which we
choose to use this proposed priority and
one or more of these proposed
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 this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
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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 these proposed
requirements, definitions, and selection
criteria based on a reasoned
determination that their benefits would
justify their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that would
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 would not unduly
interfere with 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
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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Proposed Rules
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Intergovernmental Review: This
program is not 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.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: November 15, 2012.
Daniel J. Miller,
Executive Officer, Delegated Authority to
Perform the Functions and Duties of the
Assistant Secretary for Vocational and Adult
Education.
[FR Doc. 2012–28216 Filed 11–19–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 98
[EPA–HQ–OAR–2011–0028; FRL–9753–2]
Greenhouse Gas Reporting Program:
Proposed Amendments and
Confidentiality Determinations for
Subpart I
Environmental Protection
Agency (EPA).
ACTION: Notice; Extension of public
comment period.
AGENCY:
The EPA is announcing an
extension of the public comment period
for the proposed rule titled ‘‘Greenhouse
Gas Reporting Program: Proposed
Amendments and Confidentiality
Determinations for Subpart I.’’ In
addition, the EPA is notifying the public
that additional documentation related to
this proposed rule was entered into the
docket on November 8, 2012.
DATES: The public comment period
started on October 16, 2012 (77 FR
63538). This document announces the
extension of the deadline for public
comment from December 17, 2012 to
January 16, 2013. Comments must be
received on or before January 16, 2013.
ADDRESSES: You may submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2011–0028 by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: GHGReportingRule@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2011–0028 in the subject line of the
message.
• Fax: (202) 566–9744.
• Mail: Environmental Protection
Agency, EPA Docket Center (EPA/DC),
Mail Code 28221T, Attention Docket ID
No. EPA–HQ–OAR–2011–0028, 1200
Pennsylvania Avenue NW., Washington,
DC 20460.
• Hand/Courier Delivery: EPA Docket
Center, Public Reading Room, EPA West
Building, Room 3334, Attention Docket
ID No. EPA–HQ–OAR–2011–0028, 1301
Constitution Avenue NW., Washington,
DC 20004. Such deliveries are only
accepted during the docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2011–
0028. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
SUMMARY:
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personal information provided, unless
the comment includes information
claimed to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available for viewing at
the EPA Docket Center. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA
West Building, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. This Docket Facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC–
6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 343–9263; fax number:
(202) 343–2342; email address:
GHGReportingRule@epa.gov. For
technical questions, please see the
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Agencies
[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Proposed Rules]
[Pages 69579-69585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28216]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter IV
[Docket ID ED-2012-OVAE-0053]
Proposed Requirements, Definitions, and Selection Criteria--
Native American Career and Technical Education Program (NACTEP)
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Proposed requirements, definitions, and selection criteria.
-----------------------------------------------------------------------
Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.
SUMMARY: The Assistant Secretary for Vocational and Adult Education
proposes requirements, definitions, and selection criteria under the
Native American Career and Technical Education Program (NACTEP). The
Assistant Secretary may use these requirements, definitions, and
selection criteria for a competition in fiscal year (FY) 2013 and
possibly in later years. The requirements, definitions, and selection
criteria we propose in this notice are the same as those we used in the
notice inviting applications for the first NACTEP competition we held
in FY 2007 (see Federal Register March 23, 2007 (72 FR 13770) (March
2007 notice)) following the enactment of the Carl D. Perkins Career and
Technical Education Act of 2006 (Act). In the March 2007 notice, we
established these requirements, definitions, and selection criteria
pursuant to a waiver of rulemaking under the authority of section
457(d) of the General Education Provisions Act. Because the project
period for NACTEP grants awarded in FY 2007 will end in September 2013,
we are publishing the NACTEP requirements, definitions, and selection
criteria for public comment. When published in final, these
requirements, definitions, and selection criteria would govern the next
NACTEP competition and possibly also subsequent NACTEP competitions.
DATES: We must receive your comments on or before December 20, 2012.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by email. To ensure that we do not receive
duplicate copies, please submit your comments only once. In addition,
please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``How to Use This Site.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed requirements,
definitions, and selection criteria, address them to Gwen Washington,
U.S. Department of Education, 400 Maryland Avenue SW., room 11076,
Potomac Center Plaza, Washington, DC 20202-7241; or Linda Mayo, U.S.
Department of Education, 400 Maryland Avenue SW., Room 11075, Potomac
Center Plaza, Washington, DC 20202-7241.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to
include in their comments only information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Gwen Washington, by telephone: (202)
245-7790, or by email: gwen.washington@ed.gov; or Linda
[[Page 69580]]
Mayo, by telephone: (202) 245-7792, or by email: linda.mayo@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:
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 requirements, definitions, and selection
criteria, we urge you to identify clearly the specific proposed
requirement, definition, or selection criterion that each comment
addresses.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
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 these proposed requirements, definitions, and selection
criteria by accessing Regulations.gov. You may also inspect the
comments in person in rooms 11076/11075, 550-12th Street SW.,
Washington, DC, between 8:30 a.m. and 4:00 p.m., Washington, DC time,
Monday through Friday of each week except Federal holidays. Please
contact the persons listed under FOR FURTHER INFORMATION CONTACT.
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: Under NACTEP, the Secretary provides grants,
cooperative agreements, or enters into contracts with Indian tribes,
tribal organizations, or Alaska Native entities to improve career and
technical education programs that are consistent with the purposes of
the Act and that benefit Native Americans and Alaska Natives.
Program Authority: 20 U.S.C. 2301 et seq., particularly 2326(a)-
(g).
Proposed Requirements, Definitions, and Selection Criteria
Background
Section 116 of the Act authorizes the Secretary to award grants,
cooperative agreements, or enter into contracts with Indian tribes,
tribal organizations, and Alaska Native entities to operate career and
technical education projects that improve career and technical
education for Native American and Alaska Native students. Bureau-funded
schools are eligible under NACTEP, except for Bureau-funded schools
proposing to use their awards to support secondary school career and
technical education programs. Any Indian tribe, tribal organization,
Alaska Native entity, or eligible Bureau-funded school may apply
individually or as part of a consortium with one or more eligible
tribes, tribal organizations, Alaska Native entities, or eligible
Bureau-funded schools. (Eligible applicants seeking to apply for funds
as a consortium must meet the requirements in 34 CFR 75.127-75.129,
which apply to group applications.)
The Act also provides in the statement of purpose that programs
funded under the Act should build on the efforts of States and
localities to develop challenging academic and technical standards and
to assist students in meeting such standards, including in preparation
for high-skill, high-wage, or high-demand occupations in emerging or
established professions. (20 U.S.C. 2301(1)) In addition, programs are
required to provide technical assistance that promotes leadership,
initial preparation, and professional development and improves the
quality of career and technical education teachers, faculty,
administrators, and counselors. (20 U.S.C. 2301(5)) Additionally, the
Act's purpose section calls for supporting partnerships among secondary
schools, postsecondary institutions, baccalaureate degree-granting
institutions, area career and technical education schools, local
workforce investment boards, business and industry, and intermediaries,
as well as for providing, in conjunction with other education and
training programs, individuals with opportunities throughout their
lives to develop the knowledge and skills needed to keep the United
States competitive. (20 U.S.C. 2301(6) and (7))
We are not including in this notice, or seeking public comment on,
requirements or definitions contained in the Act, in Federal statutory
provisions cross-referenced in the Act, in the Education Department
General Administrative Regulations (EDGAR), or in any other applicable,
existing regulations. For the convenience of eligible applicants, in
our notice announcing the next NACTEP competition we plan to discuss
statutory program requirements and definitions, and key applicable
regulatory provisions, as we did in the March 2007 notice inviting
applications.
Proposed Requirements
I. Demonstration of Eligibility
(a) We propose that an eligible applicant (as determined by the
Act) must include documentation in its application showing that it and,
if appropriate, its consortium members are eligible to apply.
(b) As defined in the Indian Self-Determination and Education
Assistance Act (ISDEA) (25 U.S.C. 450b(l)) the term ``tribal
organization'' means the recognized governing body of any Indian tribe;
any legally established organization of Indians which is controlled,
sanctioned, or chartered by such governing body or which is
democratically elected by the adult members of the Indian community to
be served by such organization and which includes the maximum
participation of Indians in all phases of its activities: provided,
that in any case where a contract is let or grant made to an
organization to perform services benefiting more than one Indian tribe,
the approval of each such Indian tribe shall be a prerequisite to the
letting or making of such contract or grant. In accordance with this
statutory definition, we propose that any tribal organization proposing
to provide NACTEP services for the benefit of more than one Indian
tribe must first obtain the approval of each Indian tribe it proposes
to serve and must submit documentation of such approval with its NACTEP
application and that documentation of tribal approval be a prerequisite
to the awarding of a NACTEP grant to any tribal organization proposing
to serve more than one Indian tribe.
II. Authorized Programs, Services, and Activities
Consistent with the Act, the Secretary proposes the following
requirements, to align NACTEP with other authorized programs that
require recipients of funds under the Act to develop challenging
academic standards and improve career and technical education.
(a) Authorized programs. Section 116(e) of the Act requires the
Secretary to ensure that activities funded under NACTEP ``will improve
career and
[[Page 69581]]
technical education programs'' (20 U.S.C. 2326(e)). Therefore, the
Secretary proposes to award grants to carry out projects that--
(1) Propose organized educational activities offering a sequence of
courses that--
(i) Provide individuals with coherent and rigorous content aligned
with challenging academic standards and relevant technical knowledge
and skills needed to prepare for further education and careers in
current or emerging professions;
(ii) Provide technical skill proficiency, an industry-recognized
credential, a certificate, or an associate degree; and
(iii) Include competency-based applied learning that contributes to
the academic knowledge, higher-order reasoning and problem-solving
skills, work attitudes, general employability skills, technical skills,
and occupation-specific skills, and knowledge of all aspects of an
industry, including entrepreneurship, of an individual. Projects may
include prerequisite courses (other than remedial courses) that meet
the definitional requirements of section 3(5) of the Act. (20 U.S.C.
2302(5)) In addition, at the secondary level, coherent and rigorous
academic curriculum must be aligned with challenging academic content
standards and student academic achievement standards in reading or
language arts and in mathematics that the State in which the applicant
is located has established under the Elementary and Secondary Education
Act, as amended (20 U.S.C. 6301 et seq.) Contacts for State ESEA
programs may be found on the Internet at: https://www.ed.gov/about/contacts/state/.
(2) Develop new programs, services, or activities or improve or
expand existing programs, services, or activities that are consistent
with the purposes of the Act. In other words, the Department will
support ``expansions'' or ``improvements'' that include, but are not
limited to, the expansion of effective programs or practices; upgrading
of activities, equipment, or materials; increasing staff capacity;
adoption of new technology; modification of curriculum; or
implementation of new policies to improve program effectiveness and
outcomes.
(3) Fund a career and technical education program, service, or
activity that--
(i) Is a new program, service, or activity that was not provided by
the applicant during the instructional term (a defined period, such as
a semester, trimester, or quarter, within the academic year) that
preceded the request for funding under NACTEP;
(ii) Will improve or expand an existing career and technical
education program; or
(iii) Inherently improves career and technical education.
Note: A program, service, or activity ``inherently improves
career and technical education'' if it--
(a) Develops new career and technical education programs of
study that will be approved by the appropriate accreditation agency;
(b) Strengthens the rigor of the academic and career and
technical components of funded programs;
(c) Uses curriculum that is aligned with industry-recognized
standards and will result in students attaining industry-recognized
credentials, certificates, or degrees;
(d) Integrates academics (other than remedial courses) with
career and technical education programs through a coherent sequence
of courses to ensure learning in the core academic and career and
technical subjects;
(e) Links career and technical education at the secondary level
with career and technical education at the postsecondary level and
facilitates students' pursuit of a baccalaureate degree;
(f) Expands the scope, depth, and relevance of curriculum,
especially content that provides students with a comprehensive
understanding of all aspects of an industry and a variety of hands-
on, job-specific experiences; and
(g) Offers--
(1) Work-related experience, internships, cooperative education,
school-based enterprises, entrepreneurship, community service
learning, and job shadowing that are related to career and technical
education programs;
(2) Coaching/mentoring, support services, and extra help for
students after school, on weekends and/or during the summers, so
they can meet higher standards;
(3) Career guidance and academic counseling for students
participating in career and technical education programs;
(4) Placement services for students who have successfully
completed career and technical education programs and attained a
technical skill proficiency that is aligned with industry-recognized
standards;
(5) Professional development programs for teachers, counselors,
and administrators;
(6) Strong partnerships among grantees and local educational
agencies, postsecondary institutions, community leaders, adult
education providers, and, as appropriate, other entities, such as
employers, labor organizations, parents, and local partnerships, to
enable students to achieve State academic standards and career and
technical skills;
(7) The use of student assessment and evaluation data to improve
continually instruction and staff development with the goal of
increasing student achievement in career and technical education
programs; or
(8) Research, development, demonstration, dissemination,
evaluation and assessment, capacity-building, and technical
assistance, related to career and technical education programs.
(b) Student stipends. In accordance with section 116(c)(2) of the
Act, a portion of an award under this program may be used to provide
stipends (as defined in the Definitions section of this notice) to one
or more students to help meet the students' costs of participation in a
NACTEP project. We propose the following procedures for determining
student eligibility for stipends and appropriate amounts to be awarded
as stipends:
(1) To be eligible for a stipend a student must--
(i) Be enrolled in a career and technical education project funded
under this program;
(ii) Be in regular attendance in a NACTEP project and meet the
training institution's attendance requirement;
(iii) Maintain satisfactory progress in his or her program of study
according to the training institution's published standards for
satisfactory progress; and
(iv) Have an acute economic need that--
(A) Prevents participation in a project funded under this program
without a stipend; and
(B) Cannot be met through a work-study program.
(2) The amount of a stipend is the greater of either the minimum
hourly wage prescribed by State or local law or the minimum hourly wage
established under the Fair Labor Standards Act.
(3) A grantee may only award a stipend if the stipend combined with
other resources the student receives does not exceed the student's
financial need. A student's financial need is the difference between
the student's cost of attendance and the financial aid or other
resources available to defray the student's cost of participating in a
NACTEP project.
(4) To calculate the amount of a student's stipend, a grantee would
multiply the number of hours a student actually attends career and
technical education instruction by the amount of the minimum hourly
wage that is prescribed by State or local law, or by the minimum hourly
wage that is established under the Fair Labor Standards Act.
Example: If a grantee uses the Fair Labor Standards Act minimum
hourly wage of $7.25 and a student attends classes for 20 hours a
week, the student's stipend would be $145 for the week during which
the student attends classes ($7.25 x 20 = $145.00).
Note: In accordance with applicable Department statutory
requirements and administrative regulations, grantees must maintain
records that fully support their
[[Page 69582]]
decisions to award stipends and the amounts that are paid, such as
proof of a student's enrollment in a NACTEP project, stipend
applications, timesheets showing the number of attendance hours
confirmed in writing by an instructor, student financial status
information, and evidence that a student would not be able to
participate in the NACTEP project without a stipend. (20 U.S.C.
1232f; 34 CFR 75.700-75.702; 75.730; and 75.731).
(5) An eligible student may receive a stipend when taking a course
for the first time. However, generally a stipend may not be provided to
a student who has already taken, completed, and had the opportunity to
benefit from a course and is merely repeating the course.
(6) An applicant must include in its application the procedure it
intends to use to determine student eligibility for stipends and
stipend amounts, and its oversight procedures for the awarding and
payment of stipends.
(c) Direct assistance to students. We propose that a grantee may
provide direct assistance to students (as defined in this notice) if
the following conditions are met:
(1) The recipient of the direct assistance is an individual who is
a member of a special population and who is participating in the
grantee's NACTEP project.
(2) The direct assistance is needed to address barriers to the
individual's successful participation in that project.
(3) The direct assistance is part of a broader, more generally
focused program or activity to address the needs of an individual who
is a member of a special population.
Note: Direct assistance to individuals who are members of
special populations is not, by itself, a ``program or activity for
special populations.''
(4) The grant funds used for direct assistance must be expended to
supplement, and not supplant, assistance that is otherwise available
from non-Federal sources. (20 U.S.C. 2391(a)) For example, generally, a
postsecondary educational institution could not use NACTEP funds to
provide child care for single parents if non-Federal funds previously
were made available for this purpose, or if non-Federal funds are used
to provide child care services for single parents participating in non-
career and technical education programs and these services otherwise
would have been available to career and technical education students in
the absence of NACTEP funds.
(5) In determining how much of the NACTEP grant funds it will use
for direct assistance to an eligible student, a grantee must consider
whether the specific services to be provided are a reasonable and
necessary cost of providing career and technical education programs for
special populations. However, the Secretary does not envision a
circumstance in which it would be a reasonable and necessary
expenditure of NACTEP project funds for a grantee to use a majority of
a project's budget to pay direct assistance to students, in lieu of
providing the students served by the project with career and technical
education.
III. Additional Proposed Program Requirements
(a) Career and technical education agreement. Any applicant that is
not proposing to provide career and technical education directly to its
students and proposes instead to use NACTEP funds to pay one or more
qualified educational entities to provide education to its students
must include with its application a written career and technical
education agreement between the applicant and that entity. The written
agreement must describe the commitment between the applicant and each
educational entity and must include, at a minimum, a statement of the
responsibilities of the applicant and the entity. The agreement must be
signed by the appropriate individuals on behalf of each party, such as
the authorizing official or president of a tribe or tribal
organization, a college president, or a college dean.
(b) Evaluation Requirements. To help ensure the high quality of
NACTEP projects and the achievement of the goals and purposes of
section 116 of the Act, each grantee must budget for and conduct an
ongoing evaluation of the effectiveness of its NACTEP project. An
independent evaluator must conduct the evaluation. The evaluation
must--
(1) Be appropriate for the project and be both formative and
summative in nature;
(2) Include--
(i) Applicable performance measures for NACTEP;
(ii) Qualitative and quantitative data with respect to--
(A) Academic and career and technical competencies demonstrated by
the participants and the number and kinds of academic and work
credentials acquired by individuals, including participation in
programs providing skill proficiency assessments, industry
certifications, or training at the associate degree level that is
articulated with an advanced degree option;
(B) Enrollment, completion, and placement of participants by gender
for each occupation for which training was provided;
(C) Job or work skill attainment or enhancement, including
participation in apprenticeship and work-based learning programs, and
student progress in achieving technical skill proficiencies necessary
to obtain employment in the field for which the student has been
prepared, including attainment or enhancement of technical skills in
the industry the student is preparing to enter;
(D) Activities during the formative stages of the project to help
guide and improve the project, as well as a summative evaluation that
includes recommendations for disseminating information on project
activities and results;
(E) The number and percentage of students who obtained industry-
recognized credentials, certificates, or degrees;
(F) If available, the outcomes of students' technical assessments,
by type and scores; and
(G) The rates of attainment of a proficiency credential or
certificate, in conjunction with a secondary school diploma.
(c) Project Effectiveness. Measure the effectiveness of the
project, including:
(1) A comparison between the intended and observed results; and
(2) A demonstration of a clear link between the observed results
and the specific treatment given to project participants.
(d) Dissemination. Measure the extent to which information about or
resulting from the project was disseminated at other sites, such as
through the grantee's development and use of guides or manuals that
provide step-by-step directions for practitioners to follow when
initiating similar efforts.
(e) Long-Term Impact. Measure the long-term impact of the project,
such as, follow-up data on students' employment, sustained employment,
promotions, and further/continuing education or training, or the impact
the project had on tribal economic development or career and technical
education activities offered by tribes.
Proposed Definitions
We are proposing the following definitions for program terms not
defined in the Act, by cross-references in the Act to other Federal
statutes, or in EDGAR:
Acute economic need means an income that is at or below the
national poverty level according to the latest available data from the
U.S. Department of Commerce or the U.S. Department of
[[Page 69583]]
Health and Human Services Poverty Guidelines.
Direct assistance to students means tuition, dependent care,
transportation, books, and supplies that are necessary for a student to
participate in a project funded under this program.
Stipend means a subsistence allowance for a student that is
necessary for the student to participate in a project funded under this
program.
Proposed Selection Criteria
The Assistant Secretary proposes the following selection criteria
for evaluating an application under this program. We may apply one or
more of these criteria in any year in which this program is in effect.
We will announce the maximum possible points assigned to each criterion
in the notice inviting applications, in the application package, or
both.
(a) Need for project. In determining the need for the proposed
project, we consider the extent of the need for the services to be
provided or the activities to be carried out by the proposed project,
as evidenced by data on such phenomena as local labor market demand or
occupational trends, or from surveys, recommendations from accrediting
agencies, or tribal economic development plans.
(b) Significance. In determining the significance of the proposed
project, we consider the following factors:
(1) The potential contribution of the proposed project toward
increasing the understanding of educational needs, issues, or
strategies for providing career and technical education to American
Indians and Alaska Natives.
(2) The likelihood that the proposed project will result in system
change or improvement in the applicant's educational program as
evidenced by the types of training and activities identified in the
project application.
(3) The extent to which the proposed project is likely to build
local capacity to provide, improve, or expand services that address the
career and technical needs of the target population.
(c) Quality of the project design. In determining the quality of
the design of the proposed project, we consider the following factors:
(1) The extent to which goals, objectives, and outcomes are clearly
specified and measurable (e.g., identification of the requirements for
each course of study to be provided under the project, the technical
skill proficiencies to be taught and the industry-recognized standards
or competency assessments to be used, including related training areas
and a description of the industry certifications, credentials,
certificates, or degrees that students may earn; expected enrollments,
completions, and student placements in jobs, military specialties, and
continuing education/training opportunities in each career training
area; the number of teachers, counselors, and administrators to be
trained).
(2) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs, as evidenced by the applicant's
description of programs and activities that align with the target
population's needs.
(3) The extent to which the design for implementing and evaluating
the proposed project plans for and is likely to result in the
development of information that will guide possible dissemination of
information on project practices, activities, or strategies, including
information about the effectiveness of the approach or strategies
employed by the project, planned dissemination activities, the kind of
practices, activities, or strategies to be disseminated, the target
audience for the dissemination of such practices, activities, or
strategies, and the proposed uses for such disseminated practices,
activities, or strategies.
(4) The extent to which the proposed project will establish
linkages with or will be coordinated with similar or related efforts,
and with community, State, or Federal resources, where such
opportunities and resources exist.
(d) Quality of project services. In determining the quality of the
services to be provided by the proposed project, we consider the
following factors:
(1) The extent to which the training or professional development
services to be provided by the proposed project would be of sufficient
quality, intensity, and duration to lead to improvements in practice
among the project staff and instructors, including the extent to which
the proposed training and professional development plans address ways
in which learning gaps will be addressed and how continuous review of
performance will be conducted to identify training needs.
(2) The extent to which the services to be provided by the proposed
project will create opportunities for students to receive an industry-
recognized credential; become employed in high-skill, high-wage, and
high-demand occupations; or both.
(3) The extent to which the services proposed in the project will
create opportunities for students to acquire technical skill
proficiencies, industry certifications, or the skills identified by
State or industry-recognized career and technical education programs or
professions. In describing the services, there must be a clear link
between the services and the skill proficiencies, industry
certifications, credentials, certificates, or degrees that students may
earn.
(e) Quality of project personnel. In determining the quality of
project personnel, we consider the following factors:
(1) The extent to which the applicant encourages applications for
employment from persons who are members of groups that have
traditionally been underrepresented based on color, national origin,
gender, age, or disability.
(2) The qualifications, including relevant training, expertise, and
experience, of the project director, key personnel, and project
consultants.
(3) The extent to which the project will use instructors who are
certified to teach in the field in which they will provide instruction.
(f) Adequacy of resources. In determining the adequacy of resources
for the proposed project, we consider the following factors:
(1) The adequacy of support, including facilities, equipment,
supplies, and other resources, from the applicant organization(s) and
the tribal entity or entities to be served.
(2) The extent to which the budget is adequate and costs are
reasonable in relation to the objectives of the proposed project.
(3) The relevance and demonstrated commitment (e.g., through
written career and technical education agreements, memoranda of
understanding, letters of support and commitment, or commitments to
employ project participants, as appropriate) of the applicant, members
of the consortium, local employers, or tribal entities to be served by
the project.
(4) The potential for continued support of the project after
Federal funding ends.
(g) Quality of the management plan. In determining the quality of
the management plan for the proposed project, we consider the following
factors:
(1) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and the milestones and performance
standards for accomplishing project tasks.
(2) The extent to which the time commitments of the project
director and other key project personnel are
[[Page 69584]]
appropriate and adequate to meet the objectives of the proposed
project.
(3) The adequacy of mechanisms for ensuring high-quality products
and services from the proposed project.
(h) Quality of the project evaluation. In determining the quality
of the evaluation, we consider the following factors:
(1) The extent to which the methods of evaluation proposed by the
grantee are thorough, feasible, and appropriate to the goals,
objectives, and outcomes of the proposed project.
(2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and the Government Performance and
Results Act of 1993 (GPRA) performance measures, and will produce
quantitative and qualitative data, to the extent possible.
(3) The extent to which the methods of the evaluation include
processes that consider the validity and integrity of data collection
and analysis; accessibility of appropriate and timely data; accurate
descriptions of performance; collection processes that yield unbiased,
unprejudiced, and impartial data results; and the extent to which
representation of the data clearly communicates an accurate picture of
performance.
(4) The extent to which the methods of evaluation will provide
performance feedback and continuous improvement toward achieving
intended outcomes.
(5) The quality of the evaluation to be conducted by an external
evaluator with the necessary background and technical expertise to
carry out the evaluation.
Additional Selection Factors
In accordance with the requirement in section 116(e) of the Act, we
have included the following additional selection factors and propose to
award additional points to any application addressing the following
factors, as indicated. We are not soliciting public comment on the
section 116(e) requirement but only on the way we are proposing to meet
the requirement.
We propose to award--
(a) Up to 10 additional points to applications that propose
exemplary approaches that involve, coordinate with, or encourage tribal
economic development plans; and
(b) Five points to applications from tribally controlled colleges
or universities that--
(1) Are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an institution of
postsecondary career and technical education; or
(2) Operate career and technical education programs that are
accredited or are candidates for accreditation by a nationally
recognized accreditation organization and issue certificates for
completion of career and technical education programs (20 U.S.C.
2326(e)).
We will determine final requirements, definitions, and selection
criteria for NACTEP after considering responses to this notice and
other information available to the Department. We will announce final
requirements, definitions, and selection criteria for NACTEP in a
notice in the Federal Register. This notice does not preclude us from
proposing additional priorities, requirements, definitions, or
selection criteria, subject to meeting applicable rulemaking
requirements.
This notice does not solicit applications. In any year in which we
choose to use this proposed priority and one or more of these proposed
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 this proposed 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 these proposed requirements, definitions, and
selection criteria based on a reasoned determination that their
benefits would justify their costs. In choosing among alternative
regulatory approaches, we selected those approaches that would 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 would not
unduly interfere with 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
[[Page 69585]]
requirements and those we have determined as necessary for
administering the Department's programs and activities.
Intergovernmental Review: This program is not 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. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: November 15, 2012.
Daniel J. Miller,
Executive Officer, Delegated Authority to Perform the Functions and
Duties of the Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-28216 Filed 11-19-12; 8:45 am]
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