Grants and cooperative agreements; availability, etc.: Bilingual education and minority languages affairs— Comprehensive school program,

[Federal Register: November 18, 1999 (Volume 64, Number 222)]

[Notices]

[Page 63111-63137]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18no99-103]

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Part II

Department of Education

Bilingual Education: Comprehensive School Grants; Inviting Applications for New Awards for Fiscal Year 2000; Notice;

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.290U]

Bilingual Education: Comprehensive School Grants; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2000

Note To Applicants

This notice is a complete application package. Together with the statute authorizing the program and the Education Department General Administrative Regulations (EDGAR), this notice contains all of the information, application forms, and instructions needed to apply for an award under this program. The statutory authorization for this program, and the application requirements that apply to this competition, are contained in sections 7114 and 7116 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994 (Pub. L. 103-382, enacted October 20, 1994 (the Act) (20 U.S.C. 7424 and 7426)).

Purpose of Program

This program provides grants to implement schoolwide bilingual education programs or schoolwide special alternative instruction programs for reforming, restructuring, and upgrading all relevant programs and operations, within an individual school, that serve all or virtually all limited English proficient (LEP) children and youth in one or more schools with significant concentrations of these children and youth.

Eligible applicants: (a) One or more local educational agencies (LEAs); or (b) one or more LEAs in collaboration with an institution of higher education, community-based organizations, other LEAs, or a State educational agency.

Deadline for Transmittal of Applications: January 14, 2000.

Deadline for Intergovernmental Review: March 15, 2000.

Available Funds: $20 million.

The Administration has requested $20 million for this program for FY 2000. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process before the end of the fiscal year, if Congress appropriates funds for this program.

Estimated range of awards: $150,000-$275,000.

Estimated average size of awards: $200,000.

Estimated number of awards: 100.

Note: The Department is not bound by any estimates in this notice.

Project period: 60 months.

Applicable Regulations

(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 85, and 86; and (b) 34 CFR part 299.

Description of Program

Funds under this program are to be used to reform, restructure, and upgrade all relevant operations and programs, within a school, that serve LEP children and youth. Before carrying out a project assisted under this program, a grantee will plan, train personnel, develop curriculum, and acquire or develop materials. In addition, grantees are authorized, under this program, to improve the education of LEP children and youth and their families by implementing family education programs, improving the instructional program for LEP children, compensating personnel who have been trained--or are being trained--to serve LEP children and youth, providing tutorials and academic or career counseling for LEP children and youth, and providing intensified instruction.

Priorities

Absolute Priority

The priority in the notice of final priority for this program, as published in the Federal Register on October 30, 1995 (60 FR 55245), applies to this competition.

Under 34 CFR 75.105(c)(3) and section 7114(a) of the Act, the Secretary gives an absolute preference to applications that meet the following priority. The Secretary funds under this competition only applications that meet this absolute priority:

Projects that serve only schools in which the number of LEP students, in each school served, equals at least 25 percent of the total student enrollment.

Competitive Priority

Within the absolute priority specified in this notice, the Secretary under 34 CFR 75.105(c)(2)(i) and 34 CFR 299.3(b) gives preference to applications that meet the following competitive priority. The Secretary awards 5 points to an application that meets this competitive priority. These points are in addition to any points the application earns under the selection criteria for the program:

Projects that will contribute to systemic educational reform in an Empowerment Zone, including a Supplemental Empowerment Zone, or an Enterprise Community designated by the United States Department of Housing and Urban Development or the United States Department of Agriculture, and are made an integral part of the Zone's or Community's comprehensive community revitalization strategies.

A list of areas that have been designated as Empowerment Zones and Enterprise Communities is provided at the end of this notice.

Invitational Priorities

Within the absolute priority specified in this notice, the Secretary is particularly interested in applications that meet one or more of the following invitational priorities. However, under 34 CFR 75.105(c)(1) an application that meets one or more of these invitational priorities does not receive competitive or absolute preference over other applications: Invitational Priority 1--Reading

Projects that focus on reforming, restructuring, and upgrading reading instruction to assist limited English proficient students to read independently and well by the end of third grade. Invitational Priority 2--Mathematics

Projects that focus on reforming, restructuring, and upgrading mathematics instruction to assist limited English proficient students to master challenging mathematics, including the foundations of algebra and geometry, by the end of eighth grade. Invitational Priority 3--Preparation for Postsecondary Education

Projects that focus on motivating and academically preparing limited English proficient students for successful participation in college and other postsecondary education. Invitational Priority 4--Safe and Drug-Free Schools

Projects that contribute to the creation and maintenance of a safe and drug-free learning environment for limited English proficient students by being made an integral part of a comprehensive school safety plan.

Information on developing and implementing a comprehensive school safety plan is found in the 1998 Annual Report on School Safety prepared by the U.S. Departments of Education and Justice and available at the Department of Education's Internet site at http://www.ed.gov/ pubs/AnnSchoolRept98/ Invitational Priority 5--Professional Development

Applicants that consider the U.S. Department of Education Professional

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Development Principles in planning and designing a Comprehensive School Grant project.

Those principles call for educator professional development that focuses on teachers as central to student learning, yet includes all other members of the school community; focuses on individual, collegial, and organizational improvement; respects and nurtures the intellectual and leadership capacity of teachers, principals, and others in the school community; reflects best available research and practice in teaching, learning, and leadership; enables teachers to develop further expertise in subject content, teaching strategies, uses of technologies, and other essential elements in teaching to high standards; promotes continuous inquiry and improvement embedded in the daily life of schools; is planned collaboratively by those who will participate in and facilitate that development; requires substantial time and other resources; is driven by a coherent long-term plan; is evaluated ultimately on the basis of its impact on teacher effectiveness and student learning; and uses this assessment to guide subsequent professional development efforts.

Selection Criteria

(a)(1) The Secretary uses the following selection criteria in 34 CFR 75.210 and sections 7114, 7116, and 7123 of the Act to evaluate applications for new grants under this competition.

(2) The maximum score for all of these criteria is 100 points.

(3) The maximum score for each criterion is indicated in parentheses.

(b) The criteria--(1) Meeting the purposes of the authorizing statute. (15 points) The Secretary reviews each application to determine how well the proposed project will implement schoolwide bilingual education programs or schoolwide special alternative instruction programs for reforming, restructuring, and upgrading all relevant programs and operations, within an individual school, that serve all (or virtually all) children and youth of limited English proficiency in schools with significant concentrations of those children and youth.

(Authority: 20 U.S.C. 7424(a))

(2) Need for the project. (10 points) The Secretary considers the need for the proposed project. In determining the need for the proposed project, the Secretary considers the following factors:

(i) The number of children and youth of limited English proficiency in the school or school district to be served, and

(ii) The characteristics of those children and youth, such as--

(A) Language spoken;

(B) Dropout rates;

(C) Proficiency in English and the native language;

(D) Academic standing in relation to the English proficient peers of those children and youth; and

(E) If applicable, the recency of immigration.

(Authority: 20 U.S.C. 7426(g)(1)(A))

(3) Quality of the project design. (15 points) The Secretary considers the quality of the design of the proposed project. In determining the quality of the design of the proposed project, the Secretary considers the following factors:

(i) The extent to which the goals, objectives, and outcomes to be achieved by the proposed project are clearly specified and measurable.

(ii) 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.

(iii) The extent to which the proposed project is part of a comprehensive effort to improve teaching and learning and support rigorous academic standards for students.

(Authority: 34 CFR 75.210(c)(2) (i), (ii), and (xviii))

(4) Project activities. (15 points) The Secretary reviews each application to determine--

(i) How well the proposed project will improve the education of limited English proficient students and their families by carrying out some or all of the following authorized activities:

(A) Implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children.

(B) Improving the instructional program for limited English proficient students by identifying, acquiring, and upgrading curriculum, instructional materials, educational software, and assessment procedures, and, if appropriate, applying educational technology.

(C) Compensating personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to children and youth of limited English proficiency.

(D) Providing training for personnel participating in or preparing to participate in the program that will assist that personnel in meeting State and local certification requirements and, to the extent possible, obtaining college or university credit.

(E) Providing tutorials and academic or career counseling for children and youth of limited English proficiency.

(F) Providing intensified instruction.

(ii) The degree to which the program for which assistance is sought involves the collaborative efforts of institutions of higher education, community-based organizations, and the appropriate local and State educational agency or businesses; and

(iii) How well the proposed project provides for utilization of the State and national dissemination sources for program design and in dissemination of results and products.

(Authority: 20 U.S.C. 7424(b)(3); 7426(h)(6) and (i)(4)-(5))

(5) Proficiency in English and another language. (5 points) The Secretary reviews each application to determine the extent to which the proposed project will provide for the development of bilingual proficiency both in English and another language for all participating students.

(Authority: 20 U.S.C. 7426(i)(1))

(6) Quality of the management plan. (10 points) The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers the following factors:

(i) 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 milestones for accomplishing project tasks.

(ii) The extent to which the time commitments of the project director and principal investigator and other key project personnel are appropriate and adequate to meet the objectives of the proposed project.

(Authority: 34 CFR 75.210(g) (1) and (2) (i) and (iv))

(7) Quality of project personnel. (5 points) (i) The Secretary considers the quality of the personnel who will carry out the proposed project.

(ii) In determining the quality of project personnel, the Secretary considers the extent to which the applicant encourages applications for employment from persons who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability.

(iii) In addition, the Secretary considers the following factors:

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(A) The qualifications, including relevant training and experience, of the project director or principal investigator.

(B) The qualifications, including relevant training and experience, of key project personnel.

(Authority: 34 CFR 75.210(e) (1)-(3) (i) and (ii))

(8) Language skills of personnel. (3 points) The Secretary reviews each application to determine how well the proposed project meets the following requirements:

(i) The program will use qualified personnel, including personnel who are proficient in the language or languages used for instruction.

(ii) The applicant will employ teachers in the proposed program who, individually or in combination, are proficient in English, including written, as well as oral, communication skills.

(Authority: 20 U.S.C. 7426 (g)(1)(E) and (h)(1))

(9) Adequacy of resources. (3 points) The Secretary considers the adequacy of resources for the proposed project. In determining the adequacy of resources for the proposed project, the Secretary considers the following factors:

(i) The extent to which the budget is adequate to support the proposed project.

(ii) The extent to which the costs are reasonable in relation to the objectives, design, and potential significance of the proposed project.

(Authority: 34 CFR 75.210(f) (1) and (2) (iii)-(iv))

(10) Integration of project funds. (5 points) The Secretary reviews each application to determine how well funds received under this program will be integrated with all other Federal, State, local, and private resources that may be used to serve children and youth of limited English proficiency.

(Authority: 20 U.S.C. 7426(g)(2)(A)(iii))

(11) Evaluation plan. (10 points) The Secretary reviews each application to determine how well the proposed project's evaluation will meet the following requirements:

(i) Student evaluation and assessment procedures must be valid, reliable, and fair for limited English proficient students.

(ii) The evaluation must include--

(A) How students are achieving the State student performance standards, if any, including data comparing children and youth of limited English proficiency with nonlimited English proficient children and youth with regard to school retention, academic achievement, and gains in English (and, if applicable, native language) proficiency;

(B) Program implementation indicators that provide information for informing and improving program management and effectiveness, including data on appropriateness of curriculum in relationship to grade and course requirements, appropriateness of program management, appropriateness of the program's staff professional development, and appropriateness of the language of instruction; and

(C) Program context indicators that describe the relationship of the activities funded under the grant to the overall school program and other Federal, State, or local programs serving children and youth of limited English proficiency.

(Authority: 20 U.S.C. 7426(h)(3) and 7433(c)(1)-(3))

(12) Commitment and capacity building. (4 points) The Secretary reviews each application to determine how well the proposed project meets the following requirements:

(i) The proposed project must contribute toward building the capacity of the applicant to provide a program on a regular basis, similar to that proposed for assistance, that will be of sufficient size, scope, and quality to promise significant improvement in the education of students of limited English proficiency.

(ii) The applicant will have the resources and commitment to continue the program when assistance under this program is reduced or no longer available.

(Authority: 20 U.S.C. 7426(h)(5))

Intergovernmental Review of Federal Programs

This program is subject to the requirements of Executive Order 12372 (Intergovernmental Review of Federal Programs) and the regulations in 34 CFR part 79.

The objective of the Executive order is to foster an intergovernmental partnership and to strengthen federalism by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance.

Applicants must contact the appropriate State Single Point of Contact to find out about, and to comply with, the State's process under Executive order 12372. Applicants proposing to perform activities in more than one State should immediately contact the Single Point of Contact for each of those States and follow the procedure established in each State under the Executive order.

If you want to know the name and address of any State Single Point of Contact (SPOC), see the list published in the Federal Register on April 28, 1999 (64 FR 22963) or; you may view the latest SPOC list on the OMB Web site at the following address:

http://www.whitehouse.gov/omb/grants

In States that have not established a process or chosen a program for review, State, areawide, regional, and local entities may submit comments directly to the Department.

Any State Process Recommendation and other comments submitted by a State Single Point of Contact and any comments from State, areawide, regional, and local entities must be mailed or hand-delivered by the date indicated in this notice to the following address: The Secretary, E.O. 12372-CFDA# 84.290U, U.S. Department of Education, 400 Maryland Avenue, SW., room, 7E200, Washington, DC 20202-0125.

Proof of mailing will be determined on the same basis as applications (see 34 CFR 75.102). Recommendations or comments may be hand-delivered until 4:30 p.m. (Eastern time) on the date indicated in this notice.

PLEASE NOTE THAT THE ABOVE ADDRESS IS NOT THE SAME ADDRESS AS THE ONE TO WHICH THE APPLICANT SUBMITS ITS COMPLETED APPLICATION. Do not send applications to the above address. INSTRUCTIONS FOR TRANSMITTAL OF APPLICATIONS:

(a) If an applicant wants to apply for a grant, the applicant shall--

(1) Mail the original and two copies of the application on or before the deadline date to: U.S. Department of Education, Application Control Center, Attention: CFDA #84.290U, Washington, D.C. 20202-4725; or

(2) Hand-deliver the original and two copies of the application by 4:30 p.m. (Eastern time) on or before the deadline date to: U.S. Department of Education, Application Control Center, Attention: CFDA #84.290U, Room 3633, Regional Office Building #3, 7th and D Streets, SW., Washington, D.C.

(b) An applicant must show one of the following as proof of mailing:

(1) A legibly dated U.S. Postal Service postmark.

(2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3) A dated shipping label, invoice, or receipt from a commercial carrier.

(4) Any other proof of mailing acceptable to the Secretary.

(c) If an application is mailed through the U.S. Postal Service, the Secretary

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does not accept either of the following as proof of mailing:

(1) A private metered postmark.

(2) A mail receipt that is not dated by the U.S. Postal Service.

Note: (1) The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, an applicant should check with its local post office.

(2) The Application Control Center will mail a Grant Application Receipt Acknowledgment to each applicant. If an applicant fails to receive the notification of application receipt within 15 days from the date of mailing the application, the applicant should call the U.S. Department of Education Application Control Center at (202) 708-9495.

(3) The applicant must indicate on the envelope and--if not provided by the Department--in Item 3 of the Application for Federal Education Assistance (ED 424) the CFDA number and suffix letter of the competition under which the application is being submitted.

Application Instructions and Forms

This notice contains the following forms and instructions, including a statement regarding estimated public reporting burden, a notice to applicants regarding compliance with section 427 of the General Education Provisions Act (GEPA), a checklist for applicants, and various assurances, certifications, and required documentation:

1. Estimated Burden Statement.

2. Application Instructions.

3. Checklist for Applicants.

4. List of Empowerment Zones and Enterprise Communities.

5. Application for Federal Education Assistance (ED 424) and Instructions.

6. Group Application Certification.

7. Budget Information--Non-Construction Programs (ED 524) and Instructions.

8. Student Data.

9. Project Documentation.

10. Program Assurances.

11. Assurances--Non-Construction Programs (Standard Form 424B) and Instructions.

12. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 80-0013) and Instructions.

13. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014) and Instructions.

14. Disclosure of Lobbying Activities (Standard Form LLL) and Instructions. This document has been marked to reflect statutory changes. See the notice published in the Federal Register (61 FR 1413) by the Office of Management and Budget on January 19, 1996.

15. Notice to All Applicants (GEPA Requirement) and Instructions (OMB No. 1801-0004).

An applicant may submit information on a photostatic copy of the application forms, assurances, and certifications. However, one copy of the application forms, assurances, and certifications must have an original signature.

All applicants must submit ONE original signed application, including ink signatures on all forms and assurances, and TWO copies of the application. Please mark each application as original or copy. No grant may be awarded unless a complete application has been received. FOR FURTHER INFORMATION CONTACT: Millicent Bentley-Memon, Terence Sullivan, or Edia Velez, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5605, Switzer Building, Washington, DC 20202-6510. Telephone: Millicent Bentley-Memon (202) 205-2777, Terence Sullivan (202) 205-9752, Edia Velez (202) 205-9715. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.

Individuals with disabilities may obtain this notice in an alternate format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph. Please note, however, that the Department is not able to reproduce in an alternate format the standard forms included in the notice.

Electronic Access to This Document

You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at either of the following sites:

http://ocfo.ed.gov/fedreg.htm http://www.ed.gov/news.html

To use the PDF you must have the Adobe Acrobat Reader Program with Search, which is available free at either of the previous sites. If you have questions about using the PDF, call the U.S. Government Printing Office, toll free, at 1-888-293-6498 or in the Washington, DC area at (202) 512-1530.

Note: 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 at GPO access at:

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

Program Authority: 20 U.S.C. 7424.

Dated: November 9, 1999. Art Love, Acting Director, Office of Bilingual Education and Minority Languages Affairs.

Estimated Burden Statement

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is OMB No. 1885-0535 (Exp. 12/31/2001). The time required to complete this information collection is estimated to average 120 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate or suggestions for improving this form, please write to: U.S. Department of Education, Washington, DC 20202-4651.

If you have comments or concerns regarding the status of your individual submission of this form, write directly to: Office of Bilingual Education and Minority Languages Affairs, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5605, Switzer Building, Washington, D.C. 20202-6510.

Application Instructions

Mandatory Page Limit for the Application Narrative

The narrative is the section of the application where you address the selection criteria used by reviewers in evaluating the application. You must limit the narrative to the equivalent of no more than 50 pages, using the following standards:

(1) A page is 8.5' x 11', on one side only with 1' margins at the top, bottom, and both sides.

(2) You must double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

(3) If you use a proportional computer font, you may not use a font smaller than a 12-point font. If you use a non-proportional font or a typewriter, you may not use more than 12 characters per inch.

(4) The page limit does not apply to the Application for Federal Education Assistance Form (ED 424); the Budget Information Form (ED 524) and attached itemization of costs; the other application forms and attachments to those forms; the assurances and

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certifications; or the one-page abstract and table of contents described below. The page limit applies only to item 15 in the Checklist for Applicants provided below.

IF, IN ORDER TO MEET THE PAGE LIMIT, YOU USE PRINT SIZE, SPACING, OR MARGINS SMALLER THAN THE STANDARDS SPECIFIED IN THIS NOTICE, YOUR APPLICATION WILL NOT BE CONSIDERED FOR FUNDING.

Abstract

The narrative section should be preceded by a one-page abstract that includes a short description of the population to be served by the project, project objectives, and planned project activities.

Selection Criteria

The narrative should address fully all aspects of the selection criteria in the order listed and should give detailed information regarding each criterion. Do not simply paraphrase the criteria. Do not include resumes or curriculum vitae for project personnel; provide position descriptions instead. Do not include bibliographies, letters of support, or appendices in your application.

Empowerment Zone/Enterprise Community Priority

Applicants that wish to be considered under the competitive priority for Empowerment Zones and Enterprise Communities, as specified in a previous section of this notice, should identify in Section D of the Project Documentation Form the applicable Empowerment Zone or Enterprise Community. The application narrative should describe the extent to which the proposed project will contribute to systemic educational reform in the particular Empowerment Zone or Enterprise Community and be an integral part of the Zone's or Community's comprehensive revitalization strategies. A list of areas that have been designated as Empowerment Zones and Enterprise Communities is provided at the end of this notice.

Table of Contents

The application should include a table of contents listing the various parts of the narrative in the order of the selection criteria. The table should include the page numbers where the parts of the narrative are found.

Budget

A separate budget summary and cost itemization must be provided on the Budget Information Form (ED 524) and in the itemized budget for each project year. Budget line items should be directly related to the activities proposed to achieve the goals and objectives of the project.

Submission of Application to State Educational Agency

Section 7116(a)(2) of the authorizing statute (Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994, Pub. L. 103-382) requires all applicants except schools funded by the Bureau of Indian Affairs to submit a copy of their application to their State educational agency (SEA) for review and comment (20 U.S.C. 7426(a)(2)). Section 75.156 of the Education Department General Administrative Regulations (EDGAR) requires these applicants to submit their application to the SEA on or before the deadline date for submitting their application to the U.S. Department of Education. This section of EDGAR also requires applicants to attach to their application a copy of their letter that requests the SEA to comment on the application (34 CFR 75.156). A copy of this letter should be attached to the Project Documentation Form contained in this application package. APPLICANTS THAT DO NOT SUBMIT A COPY OF THEIR APPLICATION TO THEIR STATE EDUCATIONAL AGENCY IN ACCORDANCE WITH THESE STATUTORY AND REGULATORY REQUIREMENTS WILL NOT BE CONSIDERED FOR FUNDING.

Final Application Preparation

Use the Checklist for Applicants provided below to verify that your application is complete. Submit three copies of the application, including one copy with an original signature on each form that requires the signature of the authorized representative. Do not use elaborate bindings, notebooks, or covers. The application must be mailed or hand-delivered to the U.S. Department of Education Application Control Center (ACC). If mailed, the application must be postmarked by the deadline date.

Checklist for Applicants

Order of the Forms and Other Items for the Application

1. Application for Federal Education Assistance Form (ED 424).

2. Group Application Certification Form (if applicable).

3. Budget Information Form (ED 524).

4. Itemized budget for each project year.

5. Student Data Form.

6. Project Documentation Form, including:

   Section A--Copy of transmittal letter to SEA (if applicable);

   Section B--Documentation of consultation with nonprofit private school officials (if applicable);

   Section C--Appropriate box checked;

   Section D--Empowerment Zone or Enterprise Community identified (if applicable).

7. Program Assurances Form.

8. Assurances--Non-Construction Programs Form (SF 424B).

9. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Form (ED 80-0013).

10. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions Form (ED 80- 0014) (if applicable).

11. Disclosure of Lobbying Activities Form (SF LLL).

12. Notice to All Applicants (GEPA Requirement) (OMB No. 1801- 0004).

13. One-page abstract.

14. Table of contents.

15. Application narrative (not to exceed 50 pages).

    Transmittal of the Application

1. One original and two copies of the application to the U.S. Department of Education Application Control Center.

2. One copy to the appropriate State Educational Agency (if applicable).

3. One copy to the appropriate State Single Point of Contact (if applicable).

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   Instructions for ED 424

1. Legal Name and Address. Enter the legal name of applicant and the name of the primary organizational unit which will undertake the assistance activity.

2. D-U-N-S Number. Enter the applicant's D-U-N-S Number. If your organization does not have a D-U-N-S Number, you can obtain the number by calling 1-800-333-0505 or by completing a D-U-N-S Number Request Form. The form can be obtained via the Internet at the following URL: http://www.dub.com/dbis/aboutdb/intlduns.htm.

3. Catalog of Federal Domestic Assistance (CFDA) Number. Enter the CFDA number and title of the program under which assistance is requested.

4. Project Director. Name, address, telephone and fax numbers, and e-mail address of the person to be contacted on matters involving this application.

5. Federal Debt Delinquency. Check ``Yes'' if the applicant's organization is delinquent on any Federal debt. (This question refers to the applicant's organization and not to the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes.) Otherwise, check ``No.''

6. Type of Applicant. Enter the appropriate letter in the box provided.

7. Novice Applicant. Check ``Yes'' only if assistance is being requested under a program that gives special consideration to novice applicants and you meet the program requirements for novice applicants. By checking ``Yes'' the applicant certifies that it meets the novice applicant requirements specified by ED. Otherwise, check ``No.''

8. Type of Submission. Self-explanatory.

9. Executive Order 12372. Check ``Yes'' if the application is subject to review by Executive Order 12372. Also, please enter the month, date, and four (4) digit year (e.g., 12/12/2000). Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. Otherwise, check ``No.''

10. Proposed Project Dates. Please enter the month, date, and four (4) digit year (e.g., 12/12/2000).

11. Human Subjects. Check ``Yes'' or ``No''. If research activities involving human subjects are not planned at any time during the proposed project period, check ``No.'' The remaining parts of item 11 are then not applicable.

    If research activities involving human subjects, whether or not exempt from Federal regulations for the protection of human subjects are planned at any time during the proposed project period, either at the applicant organization on or at any other performance site or collaborating institution, check ``Yes.'' If all the research activities are designated to be exempt under the regulations, enter, in item 11a, the exemption number(s) corresponding to one or more of the six exemption categories listed in ``Protection of Human Subjects in Research'' attached to this form. Provide sufficient information in the application to allow a determination that the designated exemptions in item 11a, are appropriate. Provide this narrative information in an ``Item 11/Protection of Human Subjects Attachment'' and insert this attachment immediately following the ED 424 face page. Skip the remaining parts of item 11.

    If some or all of the planned research activities involving human subjects are covered (nonexempt), skip item 11a and continue with the remaining parts of item 11, as noted below. In addition, follow the instructions in ``Protection of Human Subjects in Research'' attached to this form to prepare the six-point narrative about the nonexempt activities. Provide this six-point narrative in an ``Item 11/Protection of Human Subjects Attachment'' and insert this attachment immediately following the ED 424 face page.

    If the applicant organization has an approved Multiple Project Assurance of Compliance on file with the Grants Policy and Oversight Staff (GPOS), U.S. Department of Education, or with the Office for Protection from Research Risks (OPRR), National Institutes of Health, U.S. Department of Health and Human Services, that covers the specific activity, enter the Assurance number in item 11b and the date of approval by the Institutional Review Board (IRB) of the proposed activities in item 11c. This date must be no earlier than one year before the receipt date for which the application is submitted and must include the four (4) digit year (e.g., 2000). Check the type of IRB review in the appropriate box. An IRB may use the expedited review procedure if it complies with the requirements of 34 CFR 97.110. If the IRB review is delayed beyond the submission of the application, enter ``Pending'' in item 11c. If your application is recommended/selected for funding, a follow-up certification of IRB approval from an official signing for the applicant organization must be sent to and received by the designated ED official within 30 days after a specific formal request from the designated ED official. If the applicant organization does not have on file with GPOS or OPRR an approved Assurance of Compliance that covers the proposed research activity, enter ``None'' in item 11b and skip 11c. In this case, the applicant organization, by the signature on the application, is declaring that it will comply with 34 CFR 97 within 30 days after a specific formal request from the designated ED official for the Assurance(s) and IRB certifications.

12. Project Title. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project.

13. Estimated Funding. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of in-kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decreases, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 13.

14. Certification. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as official representative must be on file in the applicant's office.

    Be sure to enter the telephone and fax number and e-mail address of the authorized representative. Also, in item 14c, please enter the month, date, and four (4) digit year (e.g., 12/12/2000) in the date signed field.

    Paperwork Burden Statement

    According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. The valid OMB control number for this information collection is 1875-0106. The time required to complete this information collection is estimated to average between 15 and 45 minutes per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the estimate(s) or suggestions for improving this form, please write to: U.S. Department of Education, Washington, DC 20202-4651. If you have comments or concerns regarding the status of your individual submission of this form write directly to: Joyce I. Mays, Application Control Center, U.S. Department of Education, 7th and D Streets, SW., ROB-3, Room 3633, Washington, DC 20202-4725.

    Protection of Human Subjects in Research

    (Attachment to ED 44)

    1. Instructions to Applicants About the Narrative Information that Must be Provided if Research Activities Involving Human Subjects are Planned

       If you marked item 11 on the application ``Yes'' and designated exemptions in 11a, (all research activities are exempt), provide sufficient information in the application to allow a determination that the designated exemptions are appropriate. Research involving human subjects that is exempt from the regulations is discussed under II.B. ``Exemptions,'' below. The Narrative must be succinct. Provide this information in an ``Item 11/Protection of Human Subjects Attachment'' and insert this attachment immediately following the ED 424 face page.

       If you marked ``Yes'' to item 11 on the face page, and designated no exemptions from the regulations (some or all of the research activities are nonexempt), address the following six points for each nonexempt activity. In addition, if research involving human subjects will take place at collaborating site(s) or other performance site(s), provide this information before discussing the six points. Although no specific page limitation applies to this section of the application, be succinct. Provide the six-point narrative and discussion of other performance sites in an ``Item 11/ Protection of Human Subjects

       [[Page 63119]]

       Attachment'' and insert this attachment immediately following the ED 424 face page.

       (1) Provide a detailed description of the proposed involvement of human subjects. Describe the characteristics of the subject population, including their anticipated number, age range, and health status. Identify the criteria for inclusion or exclusion of any subpopulation. Explain the rationale for the involvement of special classes of subjects, such as children, children with disabilities, adults with disabilities, persons with mental disabilities, pregnant women, prisoners, institutionalized individuals, or others who are likely to be vulnerable.

       (2) Identify the sources of research material obtained from individually identifiable living human subjects in the form of specimens, records, or data. Indicate whether the material or data will be obtained specifically for research purposes or whether use will be made of existing specimens, records, or data.

       (3) Describe plans for the recruitment of subjects and the consent procedures to be followed. Include the circumstances under which consent will be sought and obtained, who will seek it, the nature of the information be provided to prospective subjects, and the method of documenting consent. State if the Institutional Review broad (IRB) has authorized a modification or waiver of the elements of consent or the requirement for documentation of consent.

       (4) Describe potential risks (physical, psychological, social, legal, or other) and assess their likelihood and seriousness. Where appropriate, describe alternative treatments and procedures that might be advantageous to the subjects.

       (5) Describe the procedures for protecting against or minimizing potential risks, including risks to confidentiality, and assess their likely effectiveness. Where appropriate, discuss provisions for ensuring necessary medical or professional intervention in the event of adverse effects to the subjects. Also, where appropriate, describe the provisions for monitoring the data collected to ensure the safety of the subjects.

       (6) Discuss why the risks to subjects are reasonable in relation to the anticipated benefits to subjects and in relation to the importance of the knowledge that may reasonably be expected to result.

    2. Information on Research Activities Involving Human Subjects

       1. Definitions

          A research activity involves human subjects if the activity is research, as defined in the Department's regulations, and the research activity will involve use of human subjects, as defined in the regulations.

          --Is it a Research Activity?

          The ED Regulations for the Protection of Human Subjects, Title 34, Code of Federal Regulations, Part 97, define research as ``a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.'' If an activity follows a deliberate plan whose purpose is to develop or contribute to generalizable knowledge, such as an exploratory study or the collection of data to test a hypothesis, it is research. Activities which meet this definition constitute research whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities.

          --Is it a human subject?

          The regulations define human subject as ``a living individual about whom an investigator (whether professional or student) conducting research obtains (1) data through intervention or interaction with the individual, or (2) identifiable private information.'' If an activity involves obtaining information about a living person by manipulating that person or that person's environment, as might occur when a new instructional technique is tested, or by communicating or interacting with the individual, as occurs with surveys and interviews, the definition of human subject is met. (2) If an activity involves obtaining private information about a living person in such a way that the information can be linked to that individual (the identity of the subject is or may be readily determined by the investigator or associated with the information), the definition of human subject is met. [Private information includes information about behavior that occurs in a context in which an individual can reasonably expect that no observation or recording is taking place, and information which has been provided for specific purposes by an individual which the individual can reasonably expect will not be made public (for example, a school health record).]

       2. Exemptions

          Research activities in which the only involvement of human subjects will be in one or more of the following six categories of exemptions are not covered by the regulations:

          (1) Research conducted in established or comply accepted educational settings, involving normal educational practices, such as (a) research on regular and special education instructional strategies, or (b) research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods.

          (2) Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior, unless: (a) information obtained is recorded in such a manner that human subjects can be identified, directly or through identifiers linked to the subjects; and (b) any disclosure of the human subjects' responses outside the research could reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation. If the subjects are children, this exemption applies only to research involving educational tests or observations of public behavior when the investigators(s) do not participate in the activities being observed. [Children are defined as persons who have not attained the legal age for consent to treatments or procedures involved in the research, under the applicable law or jurisdiction in which the research will be conducted.]

          (3) Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior that is not exempt under section (2) above, if the human subjects are elected or appointed public officials or candidates for public office; or federal statute(s) requires(s) without exception that the confidentiality of the personally identifiable information will be maintained throughout the research and thereafter.

          (4) Research involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in a manner that subjects cannot be identified, directly or through identifiers linked to the subjects.

          (5) Research and demonstration projects which are conducted by or subject to the approval of department or agency heads, and which are designed to study, evaluate, or other-wise examine: (a) public benefit or service programs; (b) procedures for obtaining benefits or services under those programs; (c) possible changes in or alternatives to those programs or procedures; or (d) possible changes in methods or levels of payment for benefits or services under those programs.

          (6) Taste and food quality evaluation and consumer acceptance studies, (a) if wholesome foods without additives are consumed or (b) if a food is consumed that contains a food ingredient at or below the level and for a use found to be safe, or agricultural chemical or environmental contaminant at or below the level found to be safe, by the Food and Drug Administration or approved by the Environmental Protection Agency or the Food Safety and Inspection Service of the U.S. Department of Agriculture.

          Copies of the Department of Education's Regulations for the Protection of Human Subjects, 34 CFR Part 97 and other pertinent materials on the protection of human subjects in research are available from the Grants Policy and Oversight Staff (GPOS) Office of the Chief Financial and Chief Information Officer, U.S. Department of Education, Washington, D.C., telephone: (202) 708- 8263, and on the U.S. Department of Education's Protection of Human Subjects in Research Web Site at http://ocfo.ed.gov/humansub.htm.

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          Public reporting burden for this collection of information is estimated to vary from 13 to 22 hours per response, with an average of 17.5 hours per response, including the time

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          reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Education, Information Management and Compliance Division, Washington, DC 20202-4651; and the Office of Management and Budget, Paperwork Reduction Project 1875-0102, Washington, DC 20503.

          INSTRUCTIONS FOR ED FORM 524

          General Instructions

          This form is used to apply to individual U.S. Department of Education discretionary grant programs. Unless directed otherwise, provide the same budget information for each year of the multi-year funding request. Pay attention to applicable program specific instructions, if attached.

          Section A--Budget Summary

          U.S. Department of Education Funds

          All applicants must complete Section A and provide a breakdown by the applicable budget categories shown in lines 1-11.

          Lines 1-11, columns (a)-(e): For each project year for which funding is requested, show the total amount requested for each applicable budget category.

          Lines 1-11, column (f): Show the multi-year total for each budget category. If funding is requested for only one project year, leave this column blank.

          Line 12, columns (a)-(e): Show the total budget request for each project year for which funding is requested.

          Line 12, column (f): Show the total amount requested for all project years. If funding is requested for only one year, leave this space blank.

          Section B--Budget Summary

          Non-Federal Funds

          If you are required to provide or volunteer to provide matching funds or other non-Federal resources to the project, these should be shown for each applicable budget category on lines 1-11 of Section B.

          Lines 1-11, columns (a)-(e): For each project year for which matching funds or other contributions are provided, show the total contribution for each applicable budget category.

          Lines 1-11, column (f): Show the multi-year total for each budget category. If non-Federal contributions are provided for only one year, leave this column blank.

          Line 12, columns (a)-(e): Show the total matching or other contribution for each project year.

          Line 12, column (f): Show the total amount to be contributed for all years of the multi-year project. If non-Federal contributions are provided for only one year, leave this space blank.

          Section C--Other Budget Information

          Pay attention to applicable program specific instructions, if attached.

1. Provide an itemized budget breakdown, by project year, for each budget category listed in Sections A and B.

2. If applicable to this program, enter the type of indirect rate (provisional, predetermined, final or fixed) that will be in effect during the funding period. In addition, enter the estimated amount of the base to which the rate is applied, and the total indirect expense.

3. If applicable to this program, provide the rate and base on which fringe benefits are calculated.

4. Provide other explanations or comments you deem necessary.

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   PROJECT DOCUMENTATION

   Note: Submit the appropriate documents and information as specified below for the following programs:

   ‹bullet› Comprehensive School Grants

   ‹bullet› Systemwide Improvement Grants

   SECTION A

   A copy of applicants transmittal letter requesting the appropriate State educational agency to comment on the application. This requirement does not apply to schools funded by the Bureau of Indian Affairs. (See 34 CFR 74.155 and 75.156 below.)

   Sec. 75.155 Review procedure if State may comment on applications: Purpose of Secs. 75.156-75.158. If the authorizing statute for a program requires that a specific State agency be given an opportunity to comment on each application, the State and the applicant shall use the procedures in Secs. 75.156-75.158 for that purpose.

   (Authority: 20 U.S.C. 1221e-3(a)(1))

   Cross-Reference: See 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities) for the regulations implementing the application review procedures that States may use under E.O. 12372. (In addition to the requirement in Sec. 75.155 for review by the State educational agency, the application is subject to review by State Executive Order 12372 process. Applicants must complete item 16 of the application face sheet (Standard Form 424, Application for Federal Assistance) by either (a) specifying the date when the application was made available to the State Single Point of Contact for review or (b) indicating that the program has not been selected by the State for review.)

   Sec. 75.156 When an applicant under Sec. 75.155 must submit its application to the State: proof of submission. (a) Each applicant under a program covered by Sec. 75.155 shall submit a copy of its application to the State on or before the deadline date for submitting its application to the Department. (b) The applicant shall attach to its application a copy of its letter that requests the State to comment on the application.

   (Authority: 20 U.S.C.. 1221e-3(a)(1))

   SECTION B

   Evidence of compliance with the Federal requirements for participation of students enrolled in nonprofit private schools. (See section 7116(h)(2) of Public Law 103-382 and 34 CFR 75.119, 76.652, and 76.656 below.)

   Sec. 7116. Applications. ``(2) in designing the program for which application is made, the needs of children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar type to those which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public school children.''

   (Authority: 20 U.S.C.. 1221e-3(a)(1))

   Sec. 75.119 Information needed if private schools participate. If a program requires the applicant to provide an opportunity for participation of students enrolled in private schools, the application must include the information required of subgrantees under 34 CFR 76.656.

   (Approved by the Office of Management and Budget under control number 1880-0513)

   (Authority: 20 U.S.C. 1221e-3(a)(1))

   Sec. 76.652 Consultations with representatives of private school students.

   (a) An applicant for a subgrant shall consult with appropriate representatives of students enrolled in private schools during all phases of the development and design of the project covered by the application, including consideration of:

   (1) Which children will receive benefits under the project;

   (2) How the children's needs will be identified;

   (3) What benefits will be provided;

   (4) How the benefits will be provided; and

   (5) How the project will be evaluated.

   (b) A subgrantee shall consult with appropriate representatives of students enrolled in private schools before the subgrantee makes any decision that affects the opportunities of those students to participate in the project.

   (c) The applicant or subgrantee shall give the appropriate representatives a genuine opportunity to express their views regarding each matter subject to the consultation requirements in this section.

   (Authority: 20 U.S.C. 1221e-3(a)(1))

   Sec. 76.656 Information in an application for a subgrant. An applicant for a subgrant shall include the following information in its application:

   (a) A description of how the applicant will meet the Federal requirements for participation of students enrolled in private schools.

   (b) The number of students enrolled in private schools who have been identified as eligible to benefit under the program.

   (c) The number of students enrolled in private schools who will receive benefits under the program.

   (d) The basis the applicant used to select the students.

   (e) The manner and extent to which the applicant complied with Sec. 76.652 (consultation).

   (f) The places and times that the students will receive benefits under the program.

   (g) The differences, if any, between the program benefits the applicant will provide to public and private school students, and the reasons for the differences.

   (Authority: 20 U.S.C. 1221e-3(a)(1))

   SECTION C

   Check the appropriate box below:

   ‹bullet› There are no eligible nonprofit private schools in the proposed service delivery area that wish to participate in the project. ‹bullet› One or more eligible nonprofit private schools in the proposed service delivery area with to participate in the project and are listed on the enclosed Student Data form ‹bullet› There are no eligible nonprofit private schools in the proposed service delivery area.

   SECTION D

   If applicable, identify on the line at the right the Empowerment Zone, Supplemental Empowerment Zone, or Enterprise Community that the proposed project will serve. (See the competitive priority and the list of designated Empowerment Zones and Enterprise Communities in previous sections of this application package.)

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   Notice to All Applicants

   The purpose of this enclosure is to inform you about a new provision in the Department of Education's General Education Provisions Act (GEPA) that applies to applicants for new grant awards under Department programs. This provision is Section 427 of GEPA, enacted as part of the Improving America's Schools Act of 1994 (Pub. L. 103-382).

   To Whom Does This Provision Apply?

   Section 427 of GEPA affects applicants for new grant awards under this program. ALL APPLICANTS FOR NEW AWARDS MUST INCLUDE INFORMATION IN THEIR APPLICATIONS TO ADDRESS THIS NEW PROVISI0N IN ORDER TO RECEIVE FUNDING UNDER THIS PROGRAM.

   (If this program is a State-formula grant program, a State needs to provide this description only for projects or activities that it carries out with funds reserved for State-level uses. In addition, local school districts or other eligible applicants that apply to the State for funding need to provide this description in their applications to the State for funding. The State would be responsible for ensuring that the school district or other local entity has submitted a sufficient section 427 statement as described below.)

   What Does This Provision Require?

   Section 427 requires each applicant for funds (other than an individual person) to include in its application a description of the steps the applicant proposes to take to ensure equitable access to, and participation in, its Federally-assisted program for students, teachers, and other program beneficiaries with special needs. This provision allows applicants discretion in developing the required description. The statute highlights six types of barriers that can impede equitable access or participation: gender, race, national origin, color, disability, or age. Based on local circumstances, you should determine whether these or other barriers may prevent your students, teachers, etc. from such access or participation in, the Federally-funded project or activity. The description in your application of steps to be taken to overcome these barriers need not be lengthy; you may provide a clear and succinct description of how you plan to address those barriers that are applicable to your circumstances. In addition, the information may be provided in a single narrative, or, if appropriate, may be discussed in connection with related topics in the application.

   Section 427 is not intended to duplicate the requirements of civil rights statutes, but rather to ensure that, in designing their projects, applicants for Federal funds address equity concerns that may affect the ability of certain potential beneficiaries to fully participate in the project and to achieve to high standards. Consistent with program requirements and its approved application, an applicant may use the Federal funds awarded to it to eliminate barriers it identifies.

   What are Examples of How an Applicant Might Satisfy the Requirement of This Provision?

   The following examples may help to illustrate how an applicant may comply with Section 427.

   (1) An Applicant that proposes to carry out an adult literacy project serving, among others, adults with limited English proficiency, might describe in its application how it intends to distribute a brochure about the proposed project to such potential participants in their native language.

   (2) An Applicant that proposes to develop instructional materials for classroom use might describe how it will make the materials available on audio tape or in braille for students who are blind.

   (3) An Applicant that proposes to carry out a model science program for secondary students and is concerned that girls may be less likely than boys to enroll in the course, might indicate how it intends to conduct ``outreach'' efforts to girls, to encourage their enrollment.

   We recognize that many applicants may already be implementing effective steps to ensure equity of access and participation in their grant programs, and we appreciate your cooperation in responding to the requirements of this provision.

   Estimated Burden Statement for GEPA Requirements

   The time required to complete this information collection is estimated to vary from 1 to 3 hours per response, with an average of 1.5 hours, including the time to review instructions, search existing data resources, gather and maintain the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: U.S. Department of Education, Washington, DC 20202-4651.

   Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements

   Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, ``New Restrictions on Lobbying,'' and 34 CFR Part 85, ``Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants).'' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1. Lobbying

   As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that:

   (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the underdesigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

   (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions;

   (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

2. Debarment, Suspension, and Other Responsibility Matters

   As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110--

   1. The applicant certifies that it and its principals:

      (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

      (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

      (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

      (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and

   2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

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3. Drug-Free Workplace (Grantees Other Than Individuals)

   As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610-

   1. The applicant certifies that it will or will continue to provide a drug-free workplace by:

   (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employeed for violation of such prohibition;

   (b) Establishing an on-going drug-free awareness program to inform employees about--

   (1) The dangers of drug abuse in the workplace;

   (2) The grantee's policy of maintaining a drug-free workplace;

   (3) Any available drug counseling, rehabilitation, and employee assistance programs; and

   (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

   (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

   (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will--

   (1) Abide by the terms of the statement; and

   (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

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   Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities

   This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks ``Subawardee,'' then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., ``RFP-DE-90-001.''

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

    (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

    According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

    Empowerment Zones and Enterprise Communities

    (As of January 13, 1999)

    Empowerment Zones

    California: Los Angeles, Oakland, Santa Ana, Riverside County ‹SUP›*‹/SUP› Connecticut: New Haven‹SUP›+‹/SUP› Florida: Miami ‹SUP›+‹/SUP› Georgia: Atlanta, Cordele ‹SUP›*~~+‹/SUP› Illinois: Chicago, East St. Louis ‹SUP›+‹/SUP›, Ullin‹SUP›*‹/SUP› Indiana: Gary, East Chicago Kentucky: Kentucky Highlands ‹SUP›*‹/SUP› (Clinton, Jackson, and Wayne Counties) Maryland: Baltimore Massachusetts: Boston ‹SUP›+‹/SUP› Michigan: Detroit Minnesota: Minneapolis ‹SUP›+‹/SUP› Mississippi: Mid-Delta ‹SUP›*‹/SUP› (Bolivar, Holmes, Humphreys, LeFlore, Sunflower, Washington Counties) Missouri/Kansas: Kansas City, Kansas City Missouri: St. Louis ‹SUP›+‹/SUP› New Jersey: Cumberland County New York: Harlem, Bronx North Dakota: Lake Agassiz ‹SUP›*‹/SUP› Ohio: Cleveland, Cincinnati, Columbus ‹SUP›+‹/SUP› Ohio/West Virginia: Ironton/Huntington ‹SUP›+‹/SUP› Pennsylvania/New Jersey: Philadelphia/Camden South Carolina: Columbia/Sumter South Dakota: Oglala Sioux Reservation in Pine Ridge ‹SUP›*‹/SUP› Tennessee: Knoxville Texas: Houston, El Paso ‹SUP›+‹/SUP›, Rio Grande Valley ‹SUP›*‹/SUP› (Cameron, Hidalgo, Starr, and Willacy Counties) Virginia: Norfolk ‹SUP›+‹/SUP›/Portsmouth

    Enterprise Communities

    Alabama: Birmingham Alabama: Chambers County ‹SUP›*‹/SUP›, Greene County ‹SUP›*‹/SUP›, Sumter County ‹SUP›*‹/SUP› Alaska: Juneau ‹SUP›*‹/SUP› Arizona: Arizona Border ‹SUP›*‹/SUP› (Cochise, Santa Cruz and Yuma Counties), Phoenix, Window Rock ‹SUP›*‹/SUP› Arkansas: East Central ‹SUP›*‹/SUP› (Cross, Lee, Monroe, and St. Francis Counties), Mississippi County ‹SUP›*‹/SUP›, Pulaski County California: Imperial County ‹SUP›*‹/SUP›, Los Angeles, Huntington Park, San Diego, San Francisco, Bayview, Hunter's Point, Watsonville ‹SUP›*‹/SUP›, Orange Cove ‹SUP›*‹/SUP› Colorado: Denver Connecticut: Bridgeport, New Haven Delaware: Wilmington District of Columbia: Washington Florida: Jackson County ‹SUP›*‹/SUP›, Miami, Dade County, Tampa, Immokalee ‹SUP›*‹/SUP› Georgia: Albany, Central Savannah River ‹SUP›*‹/SUP› (Burke, Hancock, Jefferson, McDuffie, Tallafero, and Warren Counties), Crisp County ‹SUP›*‹/SUP›, Dooley County ‹SUP›*‹/SUP› Hawaii: Kaunakakai ‹SUP›*‹/SUP› Illinois: East St. Louis, Springfield Indiana: Indianapolis, Austin ‹SUP›*‹/SUP› Iowa: Des Moines Kansas: Leoti ‹SUP›*‹/SUP› Kentucky: Louisville, Bowling Green ‹SUP›*‹/SUP› Louisiana: Macon Ridge ‹SUP›*‹/SUP› (Catahoula, Concordia, Franklin, Morehouse, and Tensas Parishes), New Orleans, Northeast Louisiana Delta ‹SUP›*‹/SUP› (Madison Parish), Ouachita Parish Maine: Lewiston ‹SUP›*‹/SUP› Massachusetts: Lowell, Springfield Michigan: Five Cap ‹SUP›*‹/SUP›, Flint, Muskegon, Harrison ‹SUP›*‹/SUP› Minnesota: Minneapolis, St. Paul Mississippi: Jackson, North Delta Area ‹SUP›*‹/SUP› (Panola, Quitman, and Tallahatchie Counties) Missouri: East Prairie ‹SUP›*‹/SUP›, St. Louis Montana: Poplar ‹SUP›*‹/SUP› Nebraska: Omaha Nevada: Clarke County, Las Vegas New Hampshire: Manchester New Jersey: Newark New Mexico: Albuquerque, La Jicarita ‹SUP›*‹/SUP› (Mora, Rio Arriba, Taos Counties), Deming ‹SUP›*‹/SUP› New York: Albany, Schenectady, Troy New York: Buffalo, Rochester New York: Newburg, Kingston North Carolina: Charlotte North Carolina: Edgecombe, Halifax, Robeson, Wilson Counties ‹SUP›*‹/SUP› Ohio: Akron, Columbus, Greater Portsmouth ‹SUP›*‹/SUP› (Scioto County) Oklahoma: Choctaw, McCurtain Counties ‹SUP›*‹/SUP›, Oklahoma City, Ada ‹SUP›*‹/SUP› Oregon: Josephine County ‹SUP›*‹/SUP›, Portland Pennsylvania: Harrisburg, Lock Haven ‹SUP›*‹/SUP›, Pittsburgh, Uniontown ‹SUP›*‹/SUP› Rhode Island: Providence South Carolina: Charleston, Williamsburg, Florence County ‹SUP›*‹/SUP›, Hallandale ‹SUP›*‹/SUP› South Dakota: Beadle, Spink Counties ‹SUP›*‹/SUP› Tennessee: Fayette, Haywood Counties ‹SUP›*‹/SUP›, Memphis, Nashville, Rutledge ‹SUP›*‹/SUP› Tennessee/Kentucky: Scott, McCreary Counties ‹SUP›*‹/SUP› Texas: Dallas, El Paso, San Antonio, Waco, Uvalde ‹SUP›*‹/SUP› Utah: Ogden Vermont: Burlington Virginia: Accomack (Northampton County)‹SUP›*‹/SUP›, Norfolk

    [[Page 63136]]

    Washington: Lower Yakima County ‹SUP›*‹/SUP›, Seattle, Tacoma, Collie ‹SUP›*‹/SUP› West Virginia: Charleston ‹SUP›*‹/SUP›, Huntington, McDowell County ‹SUP›*‹/SUP›, West Central Appalachia ‹SUP›*‹/SUP› (Braxton, Clay, Fayette, Nicholas, and Roane) Wisconsin: Milwaukee, Keshena ‹SUP›*‹/SUP›

    ‹SUP›*‹/SUP› Denotes rural designee.

    ‹SUP›+‹/SUP› Also an Enterprise Community, Round One.

    State Single Point of Contact

    (As of April 22, 1999)

    Note: In accordance with Executive Order 12372, Intergovernmental Review of Federal Programs, this listing represents the designated State Single Points of Contact (SSPOCs). Because participation is voluntary, some States and Territories no longer participate in the process. These include: Alabama, Alaska, American Samona, Colorado, Connecticut, Hawaii, Idaho, Kansas, Louisiana, Massachusetts, Minnesota, Montana, Nebraska, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Vermont, Virginia, and Washington.

    The jurisdictions not listed no longer participate in the process. However, an applicant is still eligible to apply for a grant or grants even if its respective State, Territory, Commonwealth, etc. does not have a SSPOC.

    ARIZONA

    Ms. Joni Saad, Arizona State Clearinghouse, 3800 N. Central Avenue, Fourteenth Floor, Phoenix, Arizona 85012, Telephone: (602) 280-1315, FAX: (602) 280-8144, jonis@ep.state.az.us ARKANSAS

    Mr. Tracy L. Copeland, Manager, State Clearinghouse, Office of Intergovernmental Services, Department of Finance and Administration, 1515 W. 7th St., Room 412, Little Rock, Arkansas 72203, Telephone: (501) 682-1074, FAX: (501) 682-5206, tlcopeland@dfa.state.ar.us CALIFORNIA

    Grants Coordination, State Clearinghouse, Office of Planning and Research, 1400 10th Street, Room 121, Sacramento, California 95814, Telephone: (916) 445-0613, FAX: (916) 323-3018, No e-mail address DELAWARE

    Executive Department, Office of the Budget, 540 S. Dupont Highway, Suite 5, Dover, Delaware 19901, Telephone: (302) 739-3326, FAX: (302) 739-5661, No e-mail address DISTRICT OF COLUMBIA

    Mr. Charles Nichols, State Single Point of Contact, Office of Grants Management and Development, 717 14th Street, N.W.--Suite 1200, Washington, D.C. 20005, Telephone: (202) 727-1700 (direct), (202) 727-6537 (secretary), (FAX: (202) 727-1617, No e-mail address FLORIDA

    Florida State Clearinghouse, Department of Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, Telephone: (850) 922-5438, FAX: (850) 414-0479, Contact: Ms Cherie Trainor, (850) 414-5495, cherie.trainor@dca.state.fl.us GEORGIA

    Ms. Deborah Stephens, Coordinator, Georgia State Clearinghouse, 270 Washington Street, S.W.--8th Floor, Atlanta, Georgia 30334, Telephone: (404) 656-3855, FAX: (404) 656-7901, ssda@mail.opb.state.ga.us ILLINOIS

    Ms. Virginia Bova, Single Point of Contact, Illinois Department of Commerce and Community Affairs, James R. Thompson Center, 100 West Randolph, Suite 3-400, Chicago, IL 60601, Telephone: (312) 814- 6028, FAX: (312) 814-1800 INDIANA

    Ms. Allison Becker, State Budget Agency, 212 State House, Indianapolis, Indiana 46204-2796, Telephone: (317) 232-7221 (direct line), FAX: (317) 233-3323, No e-mail address IOWA

    Mr. Steven R. McCann, Division for Community Assistance, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309, Telephone: (515) 242-4719, FAX: (515) 242-4809, steve.mccann.@ided.state.ia,us KENTUCKY

    Mr. Kevin J. Goldsmith, Director, Sandra Brewer, Executive Secretary, Intergovernmental Affairs, Office of the Governor, 700 Capitol Avenue, Franklin, Kentucky 40601, Telephone: (502) 546-2611, FAX: (502) 564-0437, kgoldmkgosmigh@mail.state.ky.us, sbrewer@mail.state.ky.us MAINE

    Ms. Joyce Benson, State Planning Office, 184 State Street, 38 State House Station, Augusta, Maine 04333, Telephone: (207) 287- 3261, FAX: (207) 287-6489, joyce.benson@state.me.us MARYLAND

    Ms. Linda Janey, Manager, Plan & Project Review, Maryland Office of Planning, 301 W. Preston, Street--Room 1104, Baltimore, Maryland 21201-2365, Telephone: (410) 767-4490, FAX: (410) 767-4480, linda@mail.op.state.md.us MICHIGAN

    Mr. Richard Pfaff, Southeast Michigan Council of Governments, 660 Plaza Drive--Suite 1900, Detroit, Michigan 48226, Telephone: (313) 961-4266, FAX: (313) 961-4869, pfaff@semcog.org MISSISSIPPI

    Ms. Cathy Mallette, Clearinghouse Officer, Department of Finance and Administration, 550 High Street, 303 Walters Sillers Building, Jackson, Mississippi 39201-3087, Telephone: (601) 359-6762, FAX: (601) 359-6758, No e-mail address MISSOURI

    Ms. Lois Pohl, Federal Assistance Clearinghouse, Office of Administration, P.O. Box 809, Jefferson Building, Room 915, Jefferson City, Missouri 65102, Telephone: (573) 751-4834, FAX: (573) 522-4395, pohll__@mail.oa.state.mo.us NEVADA

    Department of Administration, State Clearinghouse, 209 E. Musser Street, Room 200, Carson City, Nevada 89710, Telephone: (702) 684- 0222, FAX: (702) 684-0260, Contact: Ms. Heather Elliot, (702) 684- 0209, helliot@govmail.state.nv.us NEW HAMPSHIRE

    Mr. Jeffrey H. Taylor, Director, New Hampshire Office of State Planning, Attn: Intergovernmental Review Process, Mr. Mike Blake, 2\1/2\ Beacon Street, Concord, New Hampshire 03301, Telephone: (603) 271-4991, FAX: 9603) 271-1728, No e-mail address NEW MEXICO

    Mr. Nick Mandell, Local Government Division, Room 201 Bataan Memorial Building, Santa Fe, New Mexico 87503, Telephone: (505) 827- 4991, FAX: (505) 827-4984, No e-mail address NEW YORK

    New York State Clearinghouse, Division of the Budget, State Capitol, Albany, New York 12224, Telphone: (518) 474-1605, FAX: (518) 486-1217, No e-mail address NORTH CAROLINA

    Ms. Jeanette Furney, North Carolina Department of Administration, 116 West Jones Street--Suite 5106, Raleigh, North Carolina 27603-8003, Telephone: (919) 733-7232, FAX: (919) 733-9571, jeanette__furney@mail.doa.state.nc.us NORTH DAKOTA

    North Dakota Single Point of Contact, Office of Intergovernmental Assistance, 600 East Boulevard Avenue, Department 105, Bismarck, North Dakota 58505-0170, Telephone: (701) 328-2094, FAX: (701) 328-2308, No e-mail address RHODE ISLAND

    Mr. Kevin Nelson, Review Coordinator, Department of Administration, Division of Planning, One Capitol Hill, 4th Floor, Providence, Rhode Island 02908-5870, Telephone: (401) 222-1220 (secretary), FAX: (401) 222-2093 (direct), knelson@planning.state.ri.us SOUTH CAROLINA

    Ms. Omeagia Burgess, State Single Point of Contact, Budget and Control Board, Office of State Budget, 1122 Ladies Street--12th floor, Columbia, South Carolina 29201, Telephone: (803) 734-0494, FAX: (803) 734-0645, No e-mail address TEXAS

    Mr. Tom Adams, Governors Office, Director, Intergovernmental Coordination, P.O. Box 12428, Austin, Texas 78711, Telephone: (512) 463-1771, FAX: (512) 936-2681, tadams@governor.state,tx.us UTAH

    Ms. Carolyn Wright, Utah State Clearinghouse, Office of Planning and Budget, Room 116 State Capitol, Salt Lake City, Utah 84114, Telephone: (801) 538-1535 (direct), FAX: (801) 538-1547, cwright@state.ut.us WEST VIRGINIA

    Mr. Fred Cutlip, Director, Community Development Division, W. Virginia Development Office, Building #6, Room 553, Charleston, West Virginia 25305, Telephone: (304) 558-3248, fcutlip@wvdo.org WISCONSIN

    [[Page 63137]]

    Mr. Jeff Smith, Section Chief, Federal/State Relations, Wisconsin Department of Administration, 101 East Wilson Street--6th Floor, P.O. Box 7868, Madison, Wisconsin 53707, Telephone: (608) 266-0267, FAX: (608) 267-6931, sjt@doa.state.wi.us WYOMING

    Ms. Sandy Ross, State Single Point of Contact, Department of Administration and Information, 2001 Capitol Avenue, Room 214, Cheyenne, WY 82002, Telephone: (307) 777-5492, FAX: (307) 777-3696, sross1@missc.state.wy.us

    Territories

    GUAM*

    * Guam and the Virgin Islands are not confirmed.

    Mr. Joseph Rivera, Acting Director, Bureau of Budget and Management Research, Office of the Governor, P.O. Box 2950, Agana, Guam 96932, Telephone: (671) 475-9411 or 9412, FAX: (671) 472-2825 PUERTO RICO

    Ms. Elsa Luis, Director, Federal Proposals Division, 1100 17th Street, NW, Suite 800, Washington, DC 20036, Telephone: (202) 778- 0750, FAX: (202) 530-5559 NORTH MARIANA ISLANDS

    Mr. Alvaro A. Santos, Executive Officer, Office of Management and Budget, Office of the Governor, Saipan, MP 96950, Telephone: (670) 664-2256, FAX: (670) 664-2272, Contact person: Ms. Jacoba T. Seman, Federal Programs Coordinator, Telephone: (670) 664-2289, FAX: (670) 664-2272 VIRGIN ISLANDS*

    Nellon Bowry, Director, Office of Management and Budget, #41 Norregade Emancipation Garden Station, Second Floor, Saint Thomas, Virgin Islands 00802, Please direct all questions and correspondence about intergovernmental review to: Linda Clarke, Telephone: (809) 774-0750, FAX: (809) 776-0069

    Note: This list is based on the most current information provided by the States. Information on any changes or apparent errors should be provided to Sherron Duncan at the Office of Management and Budget (202) 395-3914 and to the State in question. Changes to the list will only be made upon formal notification by the State. The list is updated every six months and is also published biannually in the Catalog of Federal Domestic Assistance. The last changes made were to Delaware, Indiana, Missouri, New Mexico, Puerto Rico, Rhode Island, Utah, and Wisconsin.

    [FR Doc. 99-29772Filed11-17-99; 8:45 am]

    BILLING CODE 4000-01-M