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13690

Federal Register

/Vol. 68, No. 54/Thursday, March 20, 2003/Notices

Number of schoolsin LEA applicationAward rangesThree Schools........750,000

–

1,500,000Four schools...........1,000,000

–

2,000,000Five schools............1,250,000

–

2,500,000Six schools.............1,500,000

–

2,500,000Seven schools........1,750,000

–

2,500,000Eight schools..........2,000,000

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2,500,000Nine schools...........2,250,000

–

2,500,000Ten schools............2,500,000

As previously noted, LEAs may notapply on behalf of a single high schoolin more than one application. Schoolsthat benefited from FY 2000 or FY 2001implementation awards are not eligibleto receive additional support under thiscompetition.Applicants should note that therequirements listed in this notice arematerial requirements. Please note thata failure to comply with any applicableprogram requirement (for example,failure to reasonably implement theproposed grant-funded project) maysubject a grantee to administrativeaction, including the imposition of special conditions or termination of thegrant.

Note:

The size of awards will be based ona number of factors. These factors include thescope, quality, and comprehensiveness of theproposed program, and the recommendedrange of awards indicated in the application.

Estimated Number of Awards:

TheSecretary anticipates makingapproximately 100 new planning grantawards and approximately 100 newimplementation awards under thiscompetition.

Note:

The Department of Education is not bound by any estimates in this notice.

Project Period:

Planning grants willfund activities up to 12 months.Implementation grants will fundactivities up to 36 months.Understanding the unique complexitiesof implementing a program that affectsa school

’

s organization, physical design,curriculum, instruction, and preparationof teachers, the Secretary anticipatesawarding the entire grant amount forimplementation projects at the time of the initial award. This will provide theapplicant with the capacity toeffectively carry out the comprehensivelong-term activities involved in theseprojects.

Applicable Regulations:

(a) TheEducation Department GeneralAdministrative Regulations (EDGAR) in34 CFR parts 75, 77, 79, 80, 81, 82, 85,86, 97, 98, and 99; and (b) theregulations in the notice of finalpriorities, application requirements, andselection criteria for FY 2002 aspublished elsewhere in this issue of the

Federal Register

Priorities

This competition gives absolute andcompetitive priorities to applicants thatmeet the conditions outlined in theNotice of the Final Priorities for thisprogram, which is published elsewherein this issue of the

Federal Register

FOR FURTHER INFORMATION CONTACT

Forinformation on the program and todownload an application, you mayaccess the SLC program Web site at

http://www.ed.gov/offices/OVAE/HS/ SLCP/.

If you need further assistanceand need to speak with someone in theSLC program, you may contact KarenStratman Clark, by phone at (202) 205

–

3779, or by mail 330 C Street, SW.,Room 5523, Washington, DC 20202.Requests for applications may also besent by fax to (202) 401

–

4079.Individuals who use atelecommunications device for the deaf (TDD) may call the Federal InformationRelay Service (FIRS) at 1

–

800

–

877

–

8339. Individuals with disabilities mayobtain this notice in an alternativeformat (

e.g.

, Braille, large print,audiotape, or computer diskette) onrequest to one of the contact personslisted in the preceding paragraph.

Electronic Access to This Document

You may view this document, as wellas all other Department of Educationdocuments published in the

FederalRegister

, in text or Adobe PortableDocument Format (PDF) on the Internetat the following site:

http://www.ed.gov/ legislation/FedRegister.

To use PDF you must have AdobeAcrobat Reader, which is available freeat this site. If you have any questionsabout using PDF, call the U.S.Government Printing Office (GPO); tollfree, at 1

–

888

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293

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6498; or in theWashington, DC area at (202) 512

–

1530.

Note:

The official version of this documentis the document published in the

FederalRegister

. Free Internet access to the officialedition of the

Federal Register

and the Codeof Federal Regulations is available on GPOAccess at:

http://www.access.gpo.gov/nara/ index.html.

Program Authority:

20 U.S.C. 7249.Dated: March 14, 2003.

Richard La Pointe,

Acting Assistant Secretary, Vocational and Adult Education.

[FR Doc. 03

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6695 Filed 3

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03; 8:45 am]

BILLING CODE 4000

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DEPARTMENT OF EDUCATIONOffice of Vocational and AdultEducation

—

Smaller LearningCommunities Program

AGENCY

Department of Education.

ACTION

Notice of final priorities,application requirements, and selectioncriteria for Fiscal Year (FY) 2002.

SUMMARY

The purpose of the program isto promote academic achievementthrough the planning, implementation,or expansion of small, safe, andsuccessful learning environments inlarge public high schools throughcompetitive grants to local educationalagencies (LEAs). LEAs, includingschools funded by the Bureau of IndianAffairs (BIA schools), applying on behalf of large high schools are eligibleapplicants. For the purposes of thisprogram, a large high school is definedas a school that includes grades 11 and12 and enrolls at least 1,000 students ingrades 9 and above.The Assistant Secretary for Vocationaland Adult Education announces finalpriorities, application requirements, andselection criteria for the SmallerLearning Communities (SLC) programfor FY 2002. The Assistant Secretarymay use one or more of these prioritiesfor competitions in later years.

EFFECTIVE DATE

These priorities,application requirements and selectioncriteria are effective March 20, 2003.

FOR FURTHER INFORMATION CONTACT

Forinformation on the program and todownload a grant application, you mayaccess the SLC program Web site at

http://www.ed.gov/offices/OVAE/HS/ SLCP/.

If you have questions pertainingto the application, need furtherassistance or need to speak withsomeone in the SLC program, you maycontact Karen Stratman Clark at (202)205

–

3779, or by mail at 330 C Street,SW., Room 4423, Washington, DC 20202or via the internet at

karen.clark@ed.gov.

Please type

‘‘

SLCNotice Correspondence

’’

as the subjectline of your electronic message.Requests for applications may also besent by fax to (202) 401

–

4079.Individuals who use thetelecommunications device for the deaf (TDD) may call the Federal InformationRelay Service (FIRS) at 1

–

800

–

877

–

8339.Individuals with disabilities mayobtain this document in an alternativeformat (

e.g.

, Braille, large print,audiotape, or computer diskette) onrequest to the contact persons listedabove.

Note:

This notice of priorities, applicationrequirements, and selection criteria does not

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Federal Register

/Vol. 68, No. 54/Thursday, March 20, 2003/Notices

solicit applications. A notice invitingapplications under this competition ispublished elsewhere in this issue of the

Federal Register

. The notice invitingapplications specifies the deadline date bywhich applications for an award must bemailed or hand-delivered to the Department.

SUPPLEMENTARY INFORMATION

General

The No Child Left Behind Act of 2001is the most sweeping reform of Federaleducation policy in a generation. It isdesigned to implement the President

’

sagenda to improve America

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s publicschools by: (1) Ensuring accountabilityfor results, (2) providing unprecedentedflexibility in the use of Federal funds inimplementing education programs, (3)focusing on proven educationalmethods, and (4) expanding educationalchoice for parents. Since the enactmentof the original Elementary andSecondary Education Act in 1965, theFederal Government has spent morethan $130 billion to improve publicschools. Unfortunately, this investmentin education has not yet eliminated theachievement gap between well-off andlower-income students or betweenminority students and non-minoritystudents.In implementing the No Child LeftBehind Act of 2001, the U.S.Department of Education has developeda strategic plan that will serve as theroadmap for all Departmental activitiesand investments. The plan specificallyfocuses on, among other areas,improving the performance of all highschool students and holding schoolsaccountable for raising the academicachievement level of all students. TheDepartment will work with States toensure that students attain the strongacademic knowledge and skillsnecessary for future success inpostsecondary education and adult life.The Department will encourage studentsto take more rigorous courses, especiallyin the areas of math and science. Inaddition, the Department of Educationis committed to ensuring that ourNation

’

s schools are safe environmentsconducive to learning.One strategy that holds promise forimproving the academic performance of our Nation

’

s young people is theestablishment of smaller learningcommunities as components of comprehensive high schoolimprovement plans. The problems of large high schools and the relatedquestion of optimal school size have been debated for the last 40 years andis of growing interest today.Approximately 70 percent of Americanhigh schools enroll 1,000 or morestudents; nearly 50 percent of highschool students attend schools enrollingmore than 1,500 students. Somestudents attend schools enrolling asmany as 4,000 to 5,000 students.While the research to date on schoolsize is largely non-experimental, there isa growing body of evidence thatsuggests that smaller schools may haveadvantages over larger schools. Researchsuggests that the positive outcomesassociated with smaller schools stemfrom the schools

’

ability to create close,personal environments in whichteachers can work collaboratively, witheach other and with a small set of students, to challenge students andsupport learning. A variety of structuresand operational strategies are thought toprovide important supports for smallerlearning environments; some datasuggest that these approaches offersubstantial advantages to both teachersand students (Ziegler 1993; Caroll 1994).The Smaller Learning Communitiesprogram is authorized under Title V,Part D, Subpart 4 of the Elementary andSecondary Education Act of 1965(ESEA) (20 U.S.C. 7249), as amended byPub. L. 107

–

110, the No Child LeftBehind Act of 2001.Structural changes for recasting largeschools as a set of smaller learningcommunities are described in theConference Report for the ConsolidatedAppropriations Act, 2000 (Pub. L. 106

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113, H.R. Conference Report No. 106

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479, at 1240 (1999)). Such methodsinclude establishing small learningclusters,

‘‘

houses,

’’

career academies,magnet programs, and schools-within-a-school. Structural changes are necessary but not sufficient to ensure that thereorganization will result in improvedacademic performance. It is alsonecessary to define a set of operationalconsiderations that describe whatlearning looks like in the restructuredsmaller learning community. Forexample, strategies that complement arestructured large high school shouldinclude at a minimum a focus on arigorous academic course of study.Other activities may include: freshmantransition activities, advisory and adultadvocate systems, academic teaming,multi-year groupings,

‘‘

extra help

’’

oraccelerated learning options for studentsor groups of students entering belowgrade level, and other innovationsdesigned to create a more personalizedhigh school experience for students and,thus, improve student achievement.Prospective applicants are encouragedto review the program Web site for non-regulatory guidance and informationabout current grantees, and to review asuccessful application that receivedfiscal year 2001 funding at:

http:// www.ed.gov/offices/OVAE/HS/SLCP/

Discussion of Priority or Priorities

Note:

This notice does

not

solicitapplications. In any year in which we chooseto use one or more of these priorities, weinvite applications through a notice in the

Federal Register

. When inviting applicationswe designate each priority as absolute,competitive preference, or invitational. Theeffect of each type of priority follows:

Absolute priority:

Under an absolutepriority we consider only applicationsthat meet the priority (34 CFR75.105(c)(3)).

Competitive preference priority:

Under a competitive preference prioritywe give competitive preference to anapplication by either (1) awardingadditional points, depending on howwell or the extent to which theapplication meets the competitivepriority (34 CFR 75.105(c)(2)(i)); or (2)selecting an application that meets thecompetitive priority over an applicationof comparable merit that does not meetthe priority (34 CFR 75.105(c)(2)(ii)).

Invitational priority:

Under aninvitational priority we are particularlyinterested in applications that meet theinvitational priority. However, we donot give an application that meets theinvitational priority a competitive orabsolute preference over otherapplications (34 CFR 75.105(c)(1)).

Waiver of Proposed Rulemaking

In accordance with theAdministrative Procedure Act (5 U.S.C.553), it is the practice of the Secretaryto offer interested parties theopportunity to comment on proposedrules. Section 437(d)(1) of the GeneralEducation Provisions Act (GEPA),however, allows the Secretary to exemptfrom this requirement rules governingthe first competition under a new orsubstantially revised program authority(20 U.S.C. 1232(d)(1)). This competitionis the first Smaller LearningCommunities competition under theprogram as reauthorized by Public Law107

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110, the No Child Left Behind Actof 2001 and, therefore, qualifies for thisexemption. The Secretary, inaccordance with section 437(d)(1) of GEPA, exercises his authority to waivepublic comment in order to ensuretimely grant awards. These rules willapply to the FY 2002 grant competitiononly.

Absolute Priority

Under 34 CFR 75.105(c)(3) theSecretary gives an absolute priority toapplications in which the followingconditions are met: (1) The applicantwill place students in smaller learningcommunities based on student/parentchoice or through random assignment

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consistent with the statute, studentsmay not be placed according to abilityor any other measure, and not pursuantto testing or other judgments; and (2)The application must address thefollowing instructional or operationalissues:a. How the applicant will provide acommon core of rigorous academiccourses tied to standards; b. A process that the applicant willuse for distribution of highly qualifiedteachers among SLCs in the school andstrategies for improving teacher contentknowledge;c. Explicit strategies for providingassistance for struggling students; andd. Strategies for securing widespreadstaff, community, and parent support forthe initiative.The Secretary will fund onlyapplicants that meet the absolutepriority described above and that meetall of the other requirements for thiscompetition described elsewhere in thisnotice and in the accompanying noticeinviting applications for new awards forfiscal year 2002.

Note:

Applicants must clearly identify theproposed grant-funded smaller learningcommunity in their application.

Competitive Preference Priority (up to 5 points)

In addition to the points to beawarded under the selection criteria for both planning and implementationgrants, the Secretary proposes to awardadditional points to an application froman LEA applying on behalf of a highschool that has failed to achieveadequate yearly progress for two ormore consecutive years, as defined bysection 1111 of the Elementary andSecondary Education Act of 1965, asamended by the No Child Left BehindAct of 2001. LEAs applying on behalf of one or more than one school will beawarded additional competitivepreference points (up to five points)proportionate to the number of schoolsin the application that meet the criterionabove. For example, an LEA applying on behalf of five schools would be awardedthe maximum of five points if all fiveschools meet the criterion. An LEAapplying on behalf of five schoolswould be awarded three out of apossible five points if only three of theschools meet the criterion.

Application Requirements

The Secretary announces thefollowing application requirements forthe Smaller Learning Communitiesprogram. A discussion of eachrequirement follows. Theserequirements are in addition to thecontent that all Smaller LearningCommunities grant applicants mustinclude in their applications as required by the program statute under Title V,Part D, Subpart 4, Section 5441(b) of theElementary and Secondary EducationAct. A discussion of each requirementfollows:

A. Proof of Eligibility

To be considered for funding, LEAsmust include for each eligible schoolincluded in the application the name of the eligible school and the number of students enrolled in the school.Enrollment must be based upon datafrom the current school year or from themost recently completed school year.LEAs, including schools funded by theBIA, applying on behalf of schools thatare still being constructed and do nothave an active student enrollment at thetime of application are not eligibleunder this program.

B. Types and Ranges of Awards

The Secretary will award bothplanning and implementation grantsunder this competition. In an effort toencourage systemic, district-level reformefforts, the Secretary is permitting anindividual LEA to submit only oneplanning grant application and oneimplementation grant application underthis competition, specifying in eachapplication which high schools the LEAintends to fund. An LEA may not applyfor both a planning and implementationgrant on behalf of the same high school.A high school may only be included ineither the LEA

’

s planning grantapplication or its implementation grantapplication. Applicants pursuingplanning grant funds must not yet havedeveloped a viable plan for creatingsmaller learning communities in theschools that would be served throughthe grant. To apply for implementationgrant funds, applicants must beprepared either to implement a newsmaller learning community programwithin each targeted high school, or toexpand an existing smaller learningcommunity program.For a one-year planning grant, LEAsmay receive, on behalf of a singleschool, $25,000 to $50,000. LEAsapplying on behalf of a group of eligibleschools may receive up to $250,000 perplanning grant. As this program isdesigned for redesign and improvementefforts at the individual school level,districts must stay within the minimumand maximum school allocations whendetermining their award request. Inaddition, in order to ensure sufficientplanning funds at the local level, LEAsmay not request funds for more than 10schools under a single application.The chart below provides eligibleranges for awards under a planninggrant:

Number of schools inLEA applicationAward rangesOne school.....................$25,000

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$50,000Two schools....................50,000

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100,000Three schools.................75,000

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150,000Four schools...................100,000

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200,000Five schools....................125,000

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250,000Six schools.....................150,000

–

250,000Seven schools................175,000

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250,000Eight schools..................200,000

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250,000Nine schools...................225,000

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250,000Ten schools....................250,000

In previous SLC competitions,applicants have routinely requestedmore money than the above awardranges dictate. As a result, planssubmitted to the Department haveincluded any number of activities thatcould only be made possible if anapplicant received a funding amountmuch higher than intended in the awardrange. Based on this experience, theDepartment will fund only thoseapplications that correctly request fundswithin the award ranges specified inthis notice for both planning andimplementation grants. Applicantsrequesting funding amounts higher thanthe award ranges dictated by thenumber of schools to be served will bedeclared ineligible and will not receivefunding. Further, schools that receivedsupport through planning grants in theFY 2000 or FY 2001 competition are noteligible to receive support throughadditional planning grants under thiscompetition.For a three-year implementationgrant, LEAs may receive, on behalf of asingle school, $250,000 to $500,000.LEAs applying on behalf of a group of eligible schools may request up to$2,500,000 per implementation grant.As with planning grants, districts muststay within the minimum and maximumschool allocations when determiningtheir group award request, or theDepartment will consider theapplication ineligible. In order to ensuresufficient implementation funds at thelocal level, LEAs may not request fundsfor more than 10 schools under a singleapplication.The chart below provides eligibleranges for awards under theimplementation grant: