[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Notices]
[Page 16234-16236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-64]
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DEPARTMENT OF EDUCATION
Arts in Education Model Development and Dissemination Program
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Notice of final priority, requirements, and definitions.
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SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement
announces a priority, requirements, and definitions under the Arts in
Education Model Development and Dissemination program. We may use this
priority, and these requirements and definitions for competitions in
fiscal year (FY) 2005 and later years. We take this action to focus
Federal financial assistance on an identified national need for the
enhancement, expansion, documentation, evaluation, and dissemination of
innovative, cohesive models that are based on research and have
demonstrated that they effectively: (1) Integrate standards-based arts
education into the core elementary and middle school curricula; (2)
strengthen standards-based arts instruction in these grades; and (3)
improve students' academic performance, including their skills in
creating, performing, and responding to the arts. We intend the
priority, requirements, and definitions to enable the Department to
award grants that increase the amount of information on effective
models for arts education that is available nationally and that
integrate the arts with standards-based education programs.
DATES: Effective Date: This priority and these requirements and
definitions are effective April 29, 2005.
FOR FURTHER INFORMATION CONTACT: Diane Austin, U.S. Department of
Education, 400 Maryland Avenue, SW., room 4W214, Washington, DC 20202-
5930. Telephone: (202) 260-1280 or via Internet: Diane.Austin@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The Arts in Education Model Development and
Dissemination Grant program is authorized by Title V, Part D, Subpart
15 of the Elementary and Secondary Education Act of 1965, as
reauthorized by the No Child Left Behind Act of 2001 (ESEA). It
provides resources that local educational agencies (LEAs) and other
eligible applicants can use in pursuit of the objectives of the No
Child Left Behind Act of 2001 (NCLB), which aims for all elementary and
secondary students to achieve to high standards. This program provides
an opportunity for eligible entities to implement and expand effective
model programs in schools identified for improvement, corrective
action, or restructuring under Title I, Part A of the ESEA.
We published a notice of proposed priority, requirements, and
definitions for this program in the Federal Register on January 13,
2005 (70 FR 2397). The notice of proposed priority, requirements, and
definitions included a discussion of the significant issues and
analysis carried out in the determination of the priority, definitions,
and application requirements. (See pages 2398 through 2399 of that
notice.)
Except for minor editorial revisions, there are no differences
between the notice of proposed priority, requirements, and definitions
and this notice of final priority, requirements, and definitions.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority,
requirements, and definitions, nine parties submitted comments. An
analysis of the comments we received and our responses follows.
We discuss substantive issues under the title of the priority,
requirement, or definition to which they pertain. Generally, we do not
address technical and other minor changes--and suggested changes that
we are not authorized to make under the applicable statutory authority.
A. Proposed Priority
Comment: One commenter stated that the priority should give
preference to applicants in rural areas because, the commenter
believes, rural areas with migrant populations and large second
language populations are overlooked while a great deal of funding is
directed to urban areas.
Discussion: This program provides an opportunity for eligible
entities to develop programs in schools, including schools identified
for improvement, corrective action, or restructuring under Title I,
Part A of the ESEA. One of the application selection criteria requires
applicants to describe the extent to which specific gaps or weaknesses
in services, infrastructure, or opportunities have been identified and
will be addressed by the proposed project, including the nature and
magnitude of those gaps or weaknesses. This criterion provides an
opportunity for applicants, both urban and rural, to provide evidence
of need. The criterion should thus give both urban and rural applicants
an opportunity to receive funding.
Change: None.
Comment: One commenter suggested that the priority include
professional development for teachers and teaching artists.
Discussion: We agree that professional development for both
teachers and teaching artists can be an important component of an arts
education program. However, requiring that applicants include
professional development for teachers and teaching artists would be too
prescriptive. For example, not all high-quality projects might include
the involvement of teaching artists in the project design, and not all
projects might include professional development for both teachers and
teaching artists. A broader priority is more appropriate.
Change: None.
Comments: One commenter suggested that the program be expanded to
include high schools as well as elementary and middle schools to avoid
the ``disconnect'' between middle and high school arts programs. Two
additional comments, however, supported the priority as written.
Discussion: We agree that arts education is important in high
school, but believe that this program should continue to serve
elementary and middle school only. High school students more frequently
have the opportunity to take art classes from teachers who are highly
qualified in their subject area. Elementary and middle school teachers
often are required to include the arts standards as a part of the core
curriculum even if they have little or no pre-service arts instruction.
The priority as proposed, therefore, would increase the opportunity for
students in elementary and middle school grades to receive high-quality
arts-infused instruction.
Change: None.
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B. Proposed Application Requirement
Comment: One commenter suggested that the percentage of low-income
students in at least one of the elementary or middle schools to be
served by the project be increased from 35 percent to 50 percent.
Discussion: The requirement that at least one school receiving
services have at least 35 percent of its students meeting the
definition of ``low-income'' under Title I, Section 1113(a)(5) of the
ESEA focuses the program on low-income schools, but allows a somewhat
broader universe of schools to participate. We believe the smaller
percentage requirement is appropriate for the purposes of this program.
Change: None.
C. Proposed Definitions
Comment: One commenter suggested that the definition of ``art''
include creative writing arts.
Discussion: Creative writing is generally considered in the domain
of the humanities and is not included in the National Arts Standards.
Change: None.
Comment: One commenter suggested that the definition of
``integrating'' include ``(i) promoting the transfer of learning
between the arts and other subjects through lessons with dual (arts and
academic) learning objectives.''
Discussion: Applicants will have the opportunity to develop
projects with multiple learning objectives. We believe that the
original definition, which is simpler and more flexible, will
effectively promote the transfer of learning.
Change: None.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, these requirements or these
definitions, we invite applications through a notice in the Federal
Register. When inviting applications we designate the priority as
absolute, competitive preference, or invitational. The effect of
each type of priority follows:
Absolute priority: Under an absolute priority we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority we give competitive preference to an application by either (1)
awarding additional points, depending on how well or the extent to
which the application meets the competitive preference priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive preference priority over an application of comparable merit
that does not meet the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over other
applications (34 CFR 75.105(c)(1)).
Priority
This priority supports projects that enhance, expand, document,
evaluate, and disseminate innovative cohesive models that are based on
research and have demonstrated their effectiveness in (1) integrating
standards-based arts education into the core elementary or middle
school curriculum, (2) strengthening standards-based arts instruction
in the elementary or middle school grades, and (3) improving the
academic performance of students in elementary or middle school grades,
including their skills in creating, performing, and responding to the
arts.
In order to meet this priority, an applicant must demonstrate that
the model project for which it seeks funding (1) serves only elementary
school or middle school grades, or both and (2) is linked to State and
national standards intended to enable all students to meet challenging
expectations and to improving student and school performance.
Requirements
Application Requirement
To be eligible for Arts in Education Model Development and
Dissemination funds, applicants must propose to address the needs of
low-income children by carrying out projects that serve at least one
elementary or middle school in which 35 percent or more of the children
enrolled are from low-income families (based on data used in meeting
the poverty criteria in Title I, Section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965, as amended by the No Child Left
Behind Act of 2001 (ESEA)).
Eligibility Requirement
To be eligible to receive funding under the Arts in Education Model
Development and Dissemination program, an applicant must be:
(1) One or more LEAs, including charter schools that are considered
LEAs under State law and regulations, that may work in partnership with
one or more of the following:
A State or local non-profit or governmental arts
organization,
A State educational agency (SEA) or regional educational
service agency,
An institution of higher education, or
A public or private agency, institution, or organization,
such as a community-or faith-based organization; or
(2) One or more State or local non-profit or governmental arts
organizations that must work in partnership with one or more LEAs and
may partner with one or more of the following:
An SEA or regional educational service agency,
An institution of higher education, or
A public or private agency, institution, or organization,
such as a community-or faith-based organization.
Note: If more than one LEA or arts organization wishes to form a
consortium and jointly submit a single application, they must follow
the procedures for group applications described in 34 CFR 75.127
through 34 CFR 75.129 of the Education Department General
Administrative Regulations.
Definitions
As used in this notice--
Arts includes music, dance, theater, media arts, and visual arts,
including folk arts.
Integrating means (i) encouraging the use of high-quality arts
instruction in other academic/content areas and (ii) strengthening the
place of the arts as a core academic subject in the school curriculum.
Based on research, when used with respect to an activity or a
program, means that, to the extent possible, the activity or program is
based on the most rigorous theory, research, and evaluation available
and is effective in improving student achievement and performance and
other program objectives.
Executive Order 12866
This notice of final priority, requirements, and definitions has
been reviewed in accordance with Executive Order 12866. Under the terms
of the order, we have assessed the potential costs and benefits of this
regulatory action.
The potential costs associated with the notice of final priority,
requirements, and definitions are those resulting from statutory
requirements and those we have determined as necessary for
administering this program effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priority, requirements, and
definitions, we have determined that the benefits of the final
priority, requirements, and definitions justify the costs.
[[Page 16236]]
We also have determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
We summarized the costs and benefits of this regulatory action in
the notice of proposed priority, requirements and definitions.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Electronic Access to This Document
You may review 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 the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), 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 on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number 84.351D, Arts in
Education Model Development and Dissemination Grant Program.)
Program Authority: 20 U.S.C. 7271.
Dated: March 24, 2005.
Michael J. Petrilli,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 05-6262 Filed 3-29-05; 8:45 am]
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