Department of Education January 2009 – Federal Register Recent Federal Regulation Documents

Notice of Proposed Information Collection Requests
Document Number: E9-1850
Type: Notice
Date: 2009-01-28
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-1849
Type: Notice
Date: 2009-01-28
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E9-1848
Type: Notice
Date: 2009-01-28
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E9-1703
Type: Notice
Date: 2009-01-27
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Compliance Agreement
Document Number: E9-1552
Type: Notice
Date: 2009-01-26
Agency: Department of Education
This notice is being published in the Federal Register consistent with section 457(b)(2) of the General Education Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. Department of Education (the Department) to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements. In order to enter into a compliance agreement, the Department must determine, in written findings, that the recipient cannot comply with the applicable program requirements until a future date. On December 4, 2008, the Department entered into a compliance agreement with the Nevada Department of Education (NDE). Section 457(b)(2) of GEPA requires the Department to publish written findings leading to a compliance agreement, with a copy of the compliance agreement, in the Federal Register.
Higher Education Disaster Relief
Document Number: E9-1550
Type: Notice
Date: 2009-01-26
Agency: Department of Education
On January 16, 2009, we published a notice in the Federal Register (74 FR 3005-3009) inviting applications for new awards for fiscal year (FY) 2009 under the Higher Education Disaster Relief program. We listed the incorrect dates for the Deadline for Transmittal of Pre-Applications and the Deadline for Transmittal of Applications in that notice.
Compliance Agreement
Document Number: E9-1548
Type: Notice
Date: 2009-01-26
Agency: Department of Education
This notice is being published in the Federal Register consistent with section 457(b)(2) of the General Education Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. Department of Education (the Department) to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements. In order to enter into a compliance agreement, the Department must determine, in written findings, that the recipient cannot comply with the applicable program requirements until a future date. On January 6, 2009, the Department entered into a compliance agreement with the Vermont Department of Education (VTDOE). Section 457(b)(2) of GEPA requires the Department to publish written findings leading to a compliance agreement, with a copy of the compliance agreement, in the Federal Register.
Compliance Agreement
Document Number: E9-1537
Type: Notice
Date: 2009-01-26
Agency: Department of Education
This notice is being published in the Federal Register consistent with section 457(b)(2) of the General Education Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. Department of Education (the Department) to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements. In order to enter into a compliance agreement, the Department must determine, in written findings, that the recipient cannot comply with the applicable program requirements until a future date. On October 8, 2008, the Department entered into a compliance agreement with the Nebraska Department of Education (NDE). Section 457(b)(2) of GEPA requires the Department to publish written findings leading to a compliance agreement, with a copy of the compliance agreement, in the Federal Register.
Native Hawaiian Career and Technical Education Program (NHCTEP) Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A
Document Number: E9-1456
Type: Notice
Date: 2009-01-23
Agency: Department of Education
The Assistant Secretary for Vocational and Adult Education proposes requirements, definitions, and selection criteria under the Native Hawaiian Career and Technical Education Program. The Assistant Secretary may use these requirements, definitions, and selection criteria in competitions in fiscal year (FY) 2009 and later years. The requirements, definitions, and selection criteria proposed in this notice are very similar to those we used in the first competition we held (in FY 2007) for this program following the enactment in August 2006 of the Carl D. Perkins Career and Technical Education Act of 2006 (Act). For that competition, we established the requirements, definitions, and selection criteria pursuant to a waiver of rulemaking under the authority of section 457(d) of the General Education Provisions Act. In this notice we are publishing and requesting public comment on proposed requirements, definitions, and selection criteria for NHCTEP that will govern a second competition, and may also govern subsequent competitions, for this program.
Notice of Proposed Information Collection Requests
Document Number: E9-1382
Type: Notice
Date: 2009-01-23
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Compliance Agreement
Document Number: E9-1268
Type: Notice
Date: 2009-01-23
Agency: Department of Education
This notice is being published in the Federal Register consistent with section 457(b)(2) of the General Education Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. Department of Education (the Department) to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements. In order to enter into a compliance agreement, the Department must determine, in written findings, that the recipient cannot comply with the applicable program requirements until a future date and that a compliance agreement is a viable means of bringing about such compliance. On September 18, 2008, the Department entered into a compliance agreement with the New Hampshire Department of Education (NHDE). Section 457(b)(2) of GEPA requires the Department to publish written findings leading to a compliance agreement, with a copy of the compliance agreement, in the Federal Register.
Privacy Act of 1974; System of Records-TRIO Programs Annual Performance Report (APR) System (TRIO APR)
Document Number: E9-1261
Type: Notice
Date: 2009-01-23
Agency: Department of Education
In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled ``TRIO Programs Annual Performance Report (APR) System (TRIO APR)'' (18-12-07). The TRIO APR system collects information on individuals who participate in the Upward Bound, Student Support Services, and Ronald E. McNair Postbaccalaureate Achievement programs authorized under Title IV, Part A, Subpart 2 of the Higher Education Act of 1965, as amended. The Department collects this information to assist in monitoring grantee performance and to determine program outcomes in response to the requirements of the Government Performance and Results Act of 1993 (GPRA) (Pub. L. 103-62) and the Office of Management and Budget (OMB) Program Assessment Rating Tool (PART) process. To determine if the goals of the programs are being met, the academic progress of program participants must be tracked over multiple years. Collecting individual participant data, including the Social Security Number (SSN) for individual participants, is the most reliable method for matching records across years needed to determine program outcomes. Although the collection of the SSN is not required by statute, it serves a distinct business need of the Department. The SSN serves as a unique identifier for matching participant records across years. Although another unique identifier might be used for the APRs, the SSN is needed to match the APR data with other databases, such as the Federal Student Aid Application File (18-11-01) and the Recipient Financial Management System (18-11-02). Matching with these other databases can supplement APR information on participants' postsecondary enrollment and their persistence in and completion of programs of postsecondary education. Most project grantees are institutions of higher education that already collect SSNs for all students applying for Federal financial aid. The Department seeks comment on the new system of records described in this notice, in accordance with the requirements of the Privacy Act.
Submission for OMB Review; Comment Request
Document Number: E9-1145
Type: Notice
Date: 2009-01-22
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E9-1143
Type: Notice
Date: 2009-01-22
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E9-1048
Type: Notice
Date: 2009-01-21
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Privacy Act of 1974; System of Records-Impact Evaluation of Title I Supplemental Educational Services
Document Number: E9-972
Type: Notice
Date: 2009-01-16
Agency: Department of Education
In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled ``Impact Evaluation of Title I Supplemental Educational Services.'' The National Center for Education Evaluation and Regional Assistance at the Department's Institute of Education Sciences (IES) commissioned this study to evaluate the effectiveness of Title I Supplemental Educational Services (SES) in improving the reading or mathematics achievement, or both, of students in Title I schools that have failed to make adequate yearly progress for three years. Section 1116 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (20 U.S.C. 6316), requires districts with Title I schools that fail to make adequate yearly progress for three years or more to offer SES to students from low-income families who attend these schools. SES are tutoring and other supplemental academic enrichment services that are offered in addition to instruction provided during the regular school day and are provided by State-approved providers free of charge to eligible students. Parents can choose the specific SES provider from among a list approved to serve their district. The Department has contracted with Mathematica Policy Research, Inc. to evaluate the impact of SES on student achievement in up to twelve school districts across the country. The study will address the following questions: (1) What is the impact of participation in Title I SES on student achievement in reading and mathematics? (2) Are district characteristics and practices, SES provider characteristics and services, and student characteristics related to the impact on student achievement? The evaluation will target school districts where Title I SES are oversubscribed. When more students apply for SES than the district is able to serve, under statute, the district must give priority to the lowest-achieving students. The students who apply but do not meet the achievement level criteria are an unbiased comparison group for the students who do participate in SES. The system will contain information about approximately 50,000 third- to eighth-graders from up to twelve school districts. The system of records will include individually identifying information about the student applicants participating in the evaluation, including names; demographic information such as race, ethnicity, gender, age, and educational background; level of participation in SES programs; and scores on State reading and mathematics achievement tests.
Notice of Proposed Information Collection Requests
Document Number: E9-886
Type: Notice
Date: 2009-01-16
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-805
Type: Notice
Date: 2009-01-15
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-797
Type: Notice
Date: 2009-01-15
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Office of Innovation and Improvement; Women's Educational Equity Act Program
Document Number: E9-744
Type: Notice
Date: 2009-01-15
Agency: Department of Education
The Department of Education is correcting the notice inviting applications for new awards for FY 2009 for the Women's Educational Equity Act Program (WEEA) that was published in the Federal Register on January 2, 2009 (74 FR 101). On page 105, in the third column, second line, the e-mail address is corrected to read ``oii.weea@ed.gov.''
National Institute on Disability and Rehabilitation Research-Notice of Proposed Long-Range Plan for Fiscal Years 2010-2014
Document Number: E9-741
Type: Notice
Date: 2009-01-15
Agency: Department of Education
The Assistant Secretary for Special Education and Rehabilitative Services proposes the National Institute on Disability and Rehabilitation Research's (NIDRR's) Long-Range Plan (Plan) for fiscal years 2010 through 2014. Pursuant to section 202(h)(1) of the Rehabilitation Act of 1973, as amended, the Department is required to develop a plan for NIDRR that outlines NIDRR's priorities for rehabilitation research, demonstration projects, training, and related activities, and explains the basis for these priorities.
Federal Family Education Loan Program (FFELP)
Document Number: E9-712
Type: Notice
Date: 2009-01-15
Agency: Management and Budget Office, Department of the Treasury, Department of Education
Under the authority of section 459A of the Higher Education Act of 1965, as amended (``HEA''), as enacted by the Ensuring Continued Access to Student Loans Act of 2008 (Pub. L. 110-227) and amended by Public Law 110-315 and Public Law 110-350, the Department of Education (``Department'') may purchase, or enter into forward commitments to purchase, Federal Family Education Loan Program (``FFELP'') loans made under sections 428 (subsidized Stafford loans), 428B (PLUS loans), or 428H (unsubsidized Stafford loans) of the HEA, on such terms as the Secretary of Education (``Secretary''), the Secretary of the Treasury, and the Director of the Office of Management and Budget (collectively, ``Secretaries and Director'') jointly determine are ``in the best interest of the United States'' and ``shall not result in any net cost to the Federal Government (including the cost of servicing the loans purchased).'' This notice establishes the terms and conditions that will govern certain loan purchases made under section 459A of the HEA, as extended by Public Law 110-350, including (a) purchases from an asset-backed commercial paper vehicle referred to as an ``ABCP Conduit'' or ``Conduit'' (``ABCP Conduit Program'') and (b) replication for the 2009-2010 academic year of the Loan Participation Purchase Program (``2009-2010 Participation Program'') and Loan Purchase Commitment Program (``2009-2010 Purchase Program'') (collectively, ``Programs''). This notice also outlines the Department's methodology and factors that have been considered in evaluating the price at which the Department will purchase these additional FFELP loans; and describes how the use of those factors and methodology will ensure that the additional loan purchases do not result in any net cost to the Federal Government. The Secretaries and Director concur in the publication of this notice and have jointly determined that, based on the Department's analysis, the purchase of additional loans as described in this notice is in the best interest of the United States and shall not result in any net cost to the Federal Government (including the cost of servicing the loans purchased).
Notice of Proposed Information Collection Requests
Document Number: E9-488
Type: Notice
Date: 2009-01-13
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-395
Type: Notice
Date: 2009-01-13
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-393
Type: Notice
Date: 2009-01-13
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E9-390
Type: Notice
Date: 2009-01-13
Agency: Department of Education
The Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Arbitration Panel Decision Under the Randolph-Sheppard Act
Document Number: E9-365
Type: Notice
Date: 2009-01-12
Agency: Department of Education
The Department of Education (Department) gives notice that on August 2, 2008, an arbitration panel rendered a decision in the matter of Janet Dickey v. Wisconsin Department of Workforce Development, Case no. R-S/07-10). This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the Department received a complaint filed by the petitioner, Janet Dickey.
Notice of Public Hearing
Document Number: E9-262
Type: Notice
Date: 2009-01-12
Agency: Department of Education
The National Assessment Governing Board is announcing a public hearing on February 4, 2009 to obtain comment on policy options for testing and reporting of Students with Disabilities (SD) and English Language Learners (ELL) on the National Assessment of Educational Progress (NAEP). Public and private parties and organizations are invited to present written and/or oral testimony. The hearing will be held in the Great Hall at the Charles Sumner School, 1201 17th Street, NW., Washington, DC from 9:30 a.m. to 3:00 p.m. est. This notice sets forth the schedule and proposed agenda of a forthcoming public hearing of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under Section 10 (a) (2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to provide comment. Individuals who will need special accommodations in order to attend the hearing (such as interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at Munira.Mwalimu@ed.gov no later than January 28, 2009. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities.
Notice of Public Hearing
Document Number: E9-261
Type: Notice
Date: 2009-01-12
Agency: Department of Education
The National Assessment Governing Board is announcing a public hearing on January 30, 2009 to obtain comment on policy options for testing and reporting of Students with Disabilities (SD) and English Language Learners (ELL) on the National Assessment of Educational Progress (NAEP). Public and private parties and organizations are invited to present written and/or oral testimony. The hearing will be held at the University of Texas at El Paso (UTEP) in the El Paso Natural Gas Conference Center, Wiggins Road, across from the UTEP Library, El Paso, TX 79968 from 9:30 a.m. to 3 p.m. MST. This notice sets forth the schedule and proposed agenda of a forthcoming public hearing of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to provide comment. Individuals who will need special accommodations in order to attend the hearing (such as interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at Munira.Mwalimu@ed.gov no later than January 23, 2009. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities.
Submission for OMB Review; Comment Request
Document Number: E9-244
Type: Notice
Date: 2009-01-12
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Homeless Education Disaster Assistance Program (CFDA No. 84.383A)
Document Number: E9-237
Type: Notice
Date: 2009-01-09
Agency: Department of Education
The Homeless Education Disaster Assistance program is a new, one-year program authorized under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. This program provides assistance to local educational agencies (LEAs) or consortia of LEAs located within the same State whose enrollment of homeless students has increased as a result of a natural disaster that occurred in calendar year 2008 (2008).
Submission for OMB Review; Comment Request
Document Number: E9-179
Type: Notice
Date: 2009-01-09
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-132
Type: Notice
Date: 2009-01-09
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-134
Type: Notice
Date: 2009-01-08
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Advanced Placement (AP) Test Fee Program
Document Number: E9-130
Type: Notice
Date: 2009-01-08
Agency: Department of Education
On October 31, 2008, we published in the Federal Register (73 FR 64928) a notice inviting applications for the AP Test Fee FY 2009 competition. That notice established a December 15, 2008 deadline date for eligible applicants to apply for funding under this program. In order to afford as many eligible applicants as possible an opportunity to receive funding under this program, we are reopening the AP Test Fee FY 2009 competition to eligible applicants that did not apply for funds by the December 15, 2008 deadline. An eligible applicant that submitted its application by the December 15, 2008 deadline does not need to re-submit its application. All information in the October 31, 2008 notice remains the same for this notice reopening the competition, except for the following updates to DATES. Dates: Applications Available: January 8, 2009. Deadline for Transmittal of Applications: January 15, 2009.
Submission for OMB Review; Comment Request
Document Number: E9-63
Type: Notice
Date: 2009-01-07
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Office of Elementary and Secondary Education; High School Equivalency Program
Document Number: E8-31464
Type: Notice
Date: 2009-01-06
Agency: Department of Education
On December 23, 2008, we published in the Federal Register (73 FR 78751) a notice inviting applications for new awards for FY 2009 under the High School Equivalency Program. We are correcting the notice to specify the Deadline for Intergovernmental Review of applications submitted in this competition. On page 78751, first column, under DATES:, after ``Deadline for Transmittal of Applications: February 23, 2009.'' add ``Deadline for Intergovernmental Review: April 24, 2009.''. On page 78752, first column, under 3. Submission Dates and Times:, after ``Deadline for Transmittal of Applications: February 23, 2009.'' add ``Deadline for Intergovernmental Review: April 24, 2009.''.
Family Educational Rights and Privacy
Document Number: E8-31461
Type: Rule
Date: 2009-01-06
Agency: Department of Education
The Department of Education is correcting a final regulation that was published in the Federal Register on December 9, 2008 (73 FR 74806).