[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Notices]
[Page 16242-16244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-66]
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DEPARTMENT OF EDUCATION
Professional Development for Arts Educators 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
Professional Development for Arts Educators 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
professional development for arts educators and other instructional
staff that focuses on the development, enhancement, and expansion of
standards-based arts instruction or that integrates arts instruction
with other subject area content, and to improve student achievement of
low-income students in kindergarten through grade 12 (K-12). We intend
the priority, requirements, and definitions to enable the Department to
award grants that improve the performance of needy children and that
increase the amount of information on effective professional
development for arts educators that is available nationally.
EFFECTIVE DATE: This priority and these requirements and definitions
are effective April 29, 2005.
FOR FURTHER INFORMATION CONTACT: Carol Sue Fromboluti, U.S. Department
of Education, 400 Maryland Avenue, SW., room 4W223, Washington, DC
20202-5950. Telephone: (202) 205-9654 or via Internet:
Carol.Fromboluti@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: Through this program, the Department intends
to fund model professional development programs for arts educators and
other instructional staff of K-12 students in high-poverty schools. The
purpose of this program is to strengthen standards-based arts education
programs and to help ensure that all students meet challenging State
academic content standards and challenging State student academic
achievement standards in the arts.
We published a notice of proposed priority, requirements, and
definitions for this program in the Federal Register on January 13,
2005 (70 FR 2399). The notice of proposed priority, requirements, and
definitions included a discussion of the significant issues and
analysis used in the determination of the priority, definitions, and
application requirements (see pages 2400 through 2401 of that notice).
This notice of final priority, requirements, and definitions
contains several changes from the notice of proposed priority,
requirements, and definitions. We have added a definition for the term
``arts,'' and we have clarified that instructional staff may be
included in professional development activities funded through program
grants.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority,
requirements, and definitions, eight parties submitted comments. An
analysis of the comments and the changes in the priority, requirements,
and definitions since publication of the notice of proposed priority,
requirements, and definitions 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.
Proposed Application Requirement
Comment: We received two comments on the proposed application
requirement, which would require applicants to propose to carry out
professional development programs for art educators and other
instructional staff of K-12 low-income children and youth by
implementing projects in schools in which 50 percent or more of the
children enrolled are from low-income families (based on 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)). One commenter supported this requirement, and the other
suggested that we include both ``at-risk'' and ``special-needs''
children in the 50 percent low-income requirement.
Discussion: The priority is intended to ensure that the program
benefits low-income students and helps schools that educate large
concentrations of those students. Research has shown that such schools
have the greatest difficulty in educating all students to high
standards. We do not believe that the suggestions for changing the
priority would serve this purpose. While we understand the sentiment
underlying this request, we believe that keeping the requirement as
written will target services toward the maximum number of low-income
students and schools.
Change: None.
[[Page 16243]]
Proposed Eligibility Requirement
Comment: We received two comments on the proposed eligibility
requirement under which eligibility would be limited to a local
educational agency (LEA), which may be a charter school that is
considered an LEA under State law and regulations, that is acting on
behalf of an individual school or schools that meet the poverty
criterion with respect to children from low-income families and that
must work in partnership with one or more of the following--
(1) A State or local non-profit or governmental arts organization;
(2) A State educational agency (SEA) or regional educational
service agency;
(3) An institution of higher education; or
(4) A public or private agency, institution, or organization,
including a museum, an arts education association, a library, a
theater, or a community- or faith-based organization.
These commenters argued that many State and local non-profit or
governmental arts organizations have demonstrated their ability to take
the lead in developing sustainable and institutionalized professional
development programs within public schools and should be eligible to
apply for a grant. They contend that some large school districts are
out of touch with the site-based planning efforts of individual schools
that have long-standing partnerships with local non-profit or
governmental arts organizations. Accordingly, the commenters believe
these local organizations may be in a better position to assume the
responsibilities of a grantee.
Discussion: Under the proposed eligibility requirement, an LEA must
be the applicant. Since the goal of this program is to develop model
programs of professional development for arts educators and other
instructional staff, we believe that the programs that are most
effective will be those that are part of a school system-supported
effort. For this reason, we believe that the LEA should be the only
eligible applicant, working in partnership with other qualifying
organizations.
Change: None.
Proposed Definitions
Comment: We received several comments on the proposed definition of
arts educator. One commenter recommended that we include arts
specialists, classroom teachers, and professional artists who work in
schools, community centers, and other learning institutions in the
definition.
Discussion: We agree with the commenter's suggestion. Although we
believe that the original definition includes all teachers who work in
arts instruction, including classroom teachers and arts specialists who
integrate the arts with core academic areas, we think it is appropriate
to clarify that those types of arts instructors may receive
professional development training.
Change: In response to this comment, and because the program
statute allows for the professional development of arts educators and
``other instructional staff'' section 5551(d)(5) of the ESEA, we have
added the words ``other instructional staff'' to the text of the
priority and requirements. This clarifies that the program permits the
inclusion of classroom teachers, teaching artists, and
paraprofessionals in all professional development opportunities.
Comment: Commenters recommended including the literary arts, the
media arts, and folk arts as areas in which educators could work and be
eligible to take part in professional development opportunities.
Discussion: Activities in the folk arts and media arts would
address the National Art Standards since they fall under the umbrella
of music, dance, theatre, and the visual arts for which there are
established national standards. On the other hand, we believe that the
literary arts are generally considered in the domain of the humanities,
and they are not included in the National Arts Standards.
Change: In response to this comment and based on our own internal
review, we are further clarifying the terminology used in the notice by
adding a definition of the term ``arts'' to include music, dance,
theater, media arts, and visual arts, including folk arts. We are also
amending the definition of ``arts educator'' to make it consistent with
this language.
Comment: We received a comment on the definition of the word
``integrating'' that suggested we use the wording ``the use of high-
quality arts instruction within other academic content areas to make
the structural connections between the arts and other subjects or as a
means of teaching about and through the arts.''
Discussion: We believe the original language provides for greater
simplicity, scope, and flexibility.
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 professional development programs
for K-12 arts educators and other instructional staff that use
innovative instructional methods and current knowledge from education
research and focus on--
(1) The development, enhancement, or expansion of standards-based
arts education programs; or
(2) The integration of standards-based arts instruction with other
core academic area content.
In order to meet this priority, an applicant must demonstrate that
the project for which it seeks funding 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 Professional Development for Arts Educators
Program funds, applicants must propose to carry out professional
development programs for arts educators and other instructional staff
of K-12 low-income children and youth by implementing projects in
schools in which 50 percent or more of the children enrolled are from
low-income families (based on 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 Professional
Development for Arts Educators program, an applicant must be--
A local educational agency (LEA), which may be a charter school
that is
[[Page 16244]]
considered an LEA under State law and regulations, that is acting on
behalf of an individual school or schools that meets the poverty
criterion with respect to children from low-income families that is
specified in the application requirement elsewhere in this notice, and
that must work in partnership with one or more of the following--
(1) A State or local non-profit or governmental arts organization;
(2) A State educational agency (SEA) or regional educational
service agency;
(3) An institution of higher education; or
(4) A public or private agency, institution, or organization,
including a museum, an arts education association, a library, a
theater, or a community-or faith-based organization.
Definitions: As used in this notice--
Arts includes music, dance, theater, media arts, and visual arts,
including folk arts.
Arts educator means a teacher who works in music, dance, theater,
media arts, or visual arts, including folk arts.
Integrate means to strengthen (i) the use of high-quality arts
instruction within other academic content areas, and (ii) the place of
the arts as a core academic subject in the school curriculum.
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 priority,
requirements, and definitions justify the costs.
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 fully discussed 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 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
action for this program.
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 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 84.351C Professional
Development for Arts Educators)
Program Authority: 20 U.S.C. 7271.
Dated: March 24, 2005.
Michael J. Petrilli,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 05-6264 Filed 3-29-05; 8:45 am]
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