Department of Education March 2005 – Federal Register Recent Federal Regulation Documents

The Assistant Secretary for Vocational and Adult Education announces final priorities, requirements, definitions, and selection criteria for a special competition under the Smaller Learning Communities (SLC) program. The Assistant Secretary may use these priorities, requirements, definitions, and selection criteria for a special competition using a portion of fiscal year (FY) 2004 funds and also in future years. The priorities, requirements, definitions, and selection criteria announced in this notice will not be used for all FY SLC 2004 competitions. Projects funded using these priorities, requirements, definitions, and selection criteria will create and/or expand SLC activities as well as participate in a national research evaluation of supplemental reading programs. The Department will conduct another SLC competition later this year, awarding additional FY 2004 funds, for projects that will not participate in the national research evaluation. Requirements, priorities, definitions, and selection criteria for that competition were proposed in a notice in the Federal Register on February 25, 2005. We announce these priorities, requirements, definitions, and selection criteria to focus Federal financial assistance on an identified national need for scientifically based data on supplemental reading programs for adolescents.

On March 3, 2005, we published in the Federal Register (70 FR 10380) a notice inviting applications for new awards under the Office of Special Education and Rehabilitative Services; Special Education State Personnel Development Grants Program authorized under the Individuals with Disabilities Education Act (IDEA). On pages 10380 and 10384, second column, the Deadline for Transmittal of Applications is corrected to read ``May 17, 2005'' and the Deadline for Intergovernmental Review is corrected to read ``July 18, 2005.''

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

These final regulations remove all references to points in the selection criteria the Department of Education (Department) uses to evaluate applications submitted under the higher education discretionary grant programs. We are taking this action because the current point assignments are outdated and do not permit sufficient flexibility to establish important program objectives. Taking this action allows us that flexibility and ensures that grant awards are made to high quality applicants. The final regulations also remove the requirement that in competitions for grants under the Partnership and Teacher-Recruitment components of the Teacher Quality Enhancement Grants Program, the Secretary hold a two-stage competition in which applicants must submit a pre-application and a full application. The current structure did not prove effective in producing high quality applications for this program. Removing the requirement for a pre-application reduces burden on applicants and the Department and allows both to target their resources on the full application stage. There are some amendments in these final regulations that are purely technical corrections to the regulations.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

On March 10, 2005, the Department of Education published a notice in the Federal Register (Page 11947, Column 3) for the information collection, ``State Library Agencies Survey, 2005-2007.'' The link number to access this collection is hereby corrected to 2709. The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.

Pursuant to the Computer Matching and Privacy Protection Act of 1988, Public Law 100-503, and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, a notice is hereby given of the computer matching program between the Department of Education (ED) (the recipient agency), and the Department of Homeland Security, Citizenship and Immigration Service (CIS), (the source agency). In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988, and OMB Circular A-130, the following information is provided: 1. Names of Participating Agencies. The U.S. Department of Education and the U.S. Department of Homeland Security, CIS. 2. Purpose of the Match. The matching program entitled ``Systematic Alien Verification for Entitlement (SAVE) CIS/ED'' will permit ED to confirm the immigration status of alien applicants for, or recipients of, assistance as authorized by section 484(g) of the Higher Education Act of 1965, as amended (HEA); 20 U.S.C. 1091(g). The Title IV programs include: the Federal Pell Grant Program, the Federal Perkins Loan Program; the Federal Work-Study Program; the Federal Supplemental Educational Opportunity Grant Program; the Federal Family Education Loan Program; the William D. Ford Federal Direct Loan Program; the Leveraging Educational Assistance Partnership Program; and the Gaining Early Awareness and Readiness for Undergraduate Programs. 3. Authority for Conducting the Matching Program. The information contained in the CIS data base is referred to as the Verification Information System (VIS), and is authorized under the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. ED seeks access to the VIS database for the purpose of confirming the immigration status of applicants for assistance, as authorized by section 484(g) of the Higher Education Act of 1965, as amended, (HEA) 20 U.S.C. 1091(g). CIS is authorized to participate in this immigration status verification under section 103 of the Immigration and Nationality Act, 8 U.S.C. 1103. 4. Categories of Records and Individuals Covered. The records to be used in the match and the roles of the matching participants are described as follows: Through the use of user identification codes and passwords, authorized persons from ED will transmit electronically data from its Privacy Act system of records entitled, ``Federal Student Aid Application File (18-11-01)'' to CIS. The data will include the alien registration number and date of birth of the alien applicant for, or recipient of, Title IV assistance. This action will initiate a search for corresponding data elements in a CIS Privacy Act system of records entitled ``Verification Information System (JUSTICE/INS-035).'' Where there is a match of records, the system will provide to ED the immigration status code of the alien applicant or recipient. In accordance with 5 U.S.C. 552a(p), ED will not suspend, terminate, reduce, or make a final denial of any Title IV assistance to such individual, or take other adverse action against such individual, as a result of information produced by such a match, until (1)(a) ED has independently verified the information; or (b) the Data Integrity Board of ED determines in accordance with guidance issued by the Director of the OMB that (i) the information is limited to identification and amount of benefits paid by ED under a Federal benefit program; and (ii) there is a high degree of confidence that the information provided to ED is accurate; (2) the individual receives a notice from ED containing a statement of its findings and informing the individual of the opportunity to contest such findings by submitting documentation demonstrating a satisfactory immigration status within 30 days of receipt of the notice; and (3) 30 days from the date of the individual's receipt of such notice has expired. 5. Effective Dates of the Matching Program. The matching program will become effective 40 days after a copy of the computer matching agreement, as approved by the Data Integrity Board of each agency, is sent to Congress and OMB, unless the requested ten-day waiver is approved by OMB or unless OMB objects to some or all of the agreement, or 30 days after publication of this notice in the Federal Register, whichever date is later. The matching program will continue for 18 months after the effective date and may be extended for an additional 12 months thereafter, if the conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met. 6. Address for Receipt of Public Comments or Inquires. Ms. Marya Dennis, Management and Program Analyst, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street NE, Washington DC 20002-5345. Telephone: (202) 377-3385. If you use a telecommunications device for the deaf (TDD), you may call the Federal Information Relay Service (FIRS) at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape or computer diskette) on request to the contact person listed in the preceding paragraph.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The Department gives notice that on October 10, 2003, an arbitration panel rendered a decision in the matter of Faye Autry v. Kentucky Department for the Blind (Docket No. R-S/00-5). This panel was convened by the U.S. Department of Education, under 20 U.S.C. 107d- 1(a), after the Department received a complaint filed by the petitioner, Faye Autry.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Director, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Assistant Deputy Secretary for Safe and Drug-Free Schools proposes priorities and requirements under the Safe and Drug-Free Schools and Communities Act (SDFSCA) National Programs for the Grants to States to Improve Management of Drug and Violence Prevention Programs. We may use one or more of these priorities and requirements for competitions in fiscal year (FY) 2005 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend the priorities and requirements to facilitate the development, enhancement, or expansion of the capacity of States and other entities that receive SDFSCA State Grants program funds to collect, analyze, and use data to improve the management of drug and violence prevention programs.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.