[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21329-21332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8589]
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DEPARTMENT OF EDUCATION
Jacob K. Javits Gifted and Talented Students Education Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice of final priority.
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SUMMARY: The Assistant Secretary for Elementary and Secondary Education
announces a priority under the Jacob K. Javits Gifted and Talented
Students Education Program. The Assistant Secretary will use this
priority for competitions in fiscal year (FY) 2008 and later years.
We take this action to support the implementation of models with
demonstrated effectiveness in identifying and serving gifted and
talented students (including economically disadvantaged individuals,
individuals with limited English proficiency, and individuals with
disabilities) who may not be identified and served through typical
strategies for identifying gifted and talented children. We intend the
priority to increase the availability of proven models for increasing
the number of students from underrepresented groups participating in
gifted and talented education programs.
EFFECTIVE DATE: This priority is effective April 21, 2008.
FOR FURTHER INFORMATION CONTACT: Teresa Cahalan, U.S. Department of
Education, 400 Maryland Avenue, SW., room 5W218, Washington, DC 20202-
8243. Telephone: (202) 401-3947 or via Internet: [email protected].
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If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can 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:
General
The purpose of the Jacob K. Javits Gifted and Talented Students
Education Program is to carry out a coordinated program of
scientifically based research, demonstration projects, innovative
strategies, and similar activities designed to build and enhance the
ability of elementary schools and secondary schools nationwide to meet
the special educational needs of gifted and talented students.
Pursuant to section 9101(22) of the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left Behind Act of
2001 (ESEA), for purposes of the Jacob K. Javits Gifted and Talented
Students Education Program, gifted and talented students are students
who give evidence of high achievement capability in areas such as
intellectual, creative, artistic, or leadership capacity, or in
specific academic fields, and who need services or activities not
ordinarily provided by the school in order to fully develop those
capabilities.
Under the statutory authority for the Jacob K. Javits Gifted and
Talented Students Education Program, section 5465(b) of ESEA requires
that no less than 50 percent of the applications approved in each
fiscal year address the general priority described in section
5465(a)(2) of ESEA. This general priority focuses on assisting schools
in the identification of, and provision of services to, gifted and
talented students (including economically disadvantaged individuals,
individuals with limited English proficiency, and individuals with
disabilities) who may not be identified and served through traditional
assessment methods (see 20 U.S.C. 7253d).
We published a notice of proposed priority for this program in the
Federal Register on January 14, 2008 (73 FR 2228). Pages 2229 through
2230 of this notice included a discussion of the significant issues
pertaining to the proposed priority.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority,
44 parties submitted comments on the proposed priority. An analysis of
the comments and of any changes in the priority since publication of
the notice of proposed priority follows.
Generally, we do not address technical and other minor changes--and
suggested changes the law does not authorize us to make under the
applicable statutory authority.
Comment: Several commenters recommended that we clarify whether the
priority applies to capacity-building grants authorized under section
5464(c) of ESEA.
Discussion: This priority implements the second general priority
established in section 5465(a)(2) of ESEA and applies only to
competitions for which we invite applications pursuant to that
authority. This priority does not apply to, and this year we are not
announcing, a competition under section 5464(c) or 5465(a)(1) of the
Act.
Change: None.
Comment: Numerous commenters expressed concern that references in
the proposed priority to raising achievement levels suggested that the
Department intended to circumvent the statutory intent of ESEA by
diverting Jacob K. Javits Gifted and Talented Students Education
Program funds from services for gifted and talented students to
services for students who are not gifted and talented. These commenters
expressed concern that under this priority program funds would be used
in a manner that is contrary to the intent of ESEA, to enhance the
academic achievement of all students instead of just gifted and
talented students. Some of these commenters requested that the priority
be modified to demonstrate that the intent of the priority is to
implement section 5462 of ESEA by enhancing the ability of elementary
and secondary schools to meet the special education needs of gifted and
talented students.
Discussion: The priority is intended to identify and serve gifted
and talented students. The priority is intended to implement the
statutory service priority in section 5465(b) of ESEA that requires
that no less than 50 percent of the applications approved under
5464(a)(2) of ESEA in a fiscal year be used to assist schools in the
identification of, and provision of services to, gifted and talented
students from underrepresented groups who may not be identified and
served through traditional assessment methods. Funds awarded under this
priority are intended to serve the needs of gifted and talented
students from underrepresented groups. We note, however, that under
section 5463 of ESEA, a grantee can serve gifted and talented students
simultaneously with students who have similar educational needs but who
are not gifted and talented, in the same educational settings, as
appropriate. Thus, students who are not gifted and talented may benefit
from projects funded under this competition.
Changes: We have revised the priority to clarify that projects
supported through this competition must focus on identifying and
educating gifted and talented students from underrepresented groups,
by: (1) Revising our definition of the term ``scaling up'' to indicate
that we mean selecting a model designed to increase the number of
gifted and talented students from underrepresented groups who, through
gifted and talented education programs, perform at high levels of
academic achievement that has demonstrated effectiveness on a small
scale and expanding the model for use with gifted and talented students
in broader settings or with broader populations of gifted and talented
students; (2) indicating in paragraph (2) of the priority that the
model selected must be shown to have resulted in both the
identification of, and the provision of services to, increased numbers
of gifted and talented students from underrepresented groups who
participate in gifted and talented programs; and (3) adding the words
``gifted and talented'' to modify the word ``students'' in several
additional places throughout the priority, where we had not already
done so.
Comment: A few commenters expressed concern that the priority
violated the intent of Congress as expressed in the Jacob K. Javits
Gifted and Talented Students Education Act of 2001 by targeting
programs aimed at what one commenter referred to as ``low-performing''
students rather than encouraging the development of models and
strategies appropriate for teaching gifted and talented students. The
commenters requested that we reissue the priority to align it with the
statutory purpose and the intent of Congress to target programs that
serve primarily students identified as gifted and talented, or that we
clarify that the priority is not intended to lower the bar for gifted
and talented students.
Discussion: As discussed in response to the previous comment, this
priority is intended to identify and serve gifted and talented
students. The focus of this priority is on the identification of, and
provision of services to, gifted and talented students (including
economically disadvantaged individuals, individuals with limited
English proficiency, and individuals
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with disabilities) who may not be identified and served through
traditional assessment methods. The priority is designed to ensure that
all gifted and talented students are identified and served.
Change: We have revised the priority to clarify that projects
supported through this competition must focus on the identification of,
and provision of service to, gifted and talented students from
underrepresented groups.
Comment: One commenter expressed concern that under the priority,
Jacob K. Javits Gifted and Talented Students Education Program funds
would be used to provide what the commenter referred to as outreach to
disadvantaged students. The commenter expressed the view that other
Federal financial assistance was already available to address the needs
of low achieving, underachieving, and disadvantaged students and that
projects funded under the Jacob K. Javits Gifted and Talented Students
Education Program authority should serve only gifted and talented
students.
Discussion: Funds under this priority must be used to identify and
serve gifted and talented students from underrepresented groups, which
could include students who are economically disadvantaged. To the
extent that the commenter would consider this activity outreach, it is
authorized under the general priority established in section 5465(a)(2)
of ESEA, which we are implementing through this priority.
Change: None.
Comment: Several commenters recommended that we clarify the meaning
of the terms ``broader settings'' and ``different populations'' as they
pertain to the requirement in the priority that applicants propose to
scale up a model that has demonstrated effectiveness on a small scale.
Discussion: We agree with the commenters that it would be
beneficial to clarify the terms ``broader settings'' and ``different
populations'' in the priority.
Change: We have revised the priority by adding examples of
``broader settings'' and ``different populations'' for clarification.
To clarify that the term ``broader settings'' refers to the places
where models can be implemented, we have listed the following examples
of ``broader settings'': Multiple schools or multiple grade levels. To
clarify that the term ``different populations'' refers to groupings of
students based on common characteristics, we have provided specific
examples of ``different populations'' in the priority. These examples
show that projects might test whether findings can be replicated across
groups of students with different socioeconomic, racial, ethnic, and
linguistic backgrounds.
Comment: Several commenters asked whether eligibility for a grant
under this priority is restricted to applicants that demonstrate that
they intend to both identify and serve gifted and talented students.
Discussion: Section 5465(a)(2) requires that projects under this
priority assist schools in both the identification of, and provision of
services to, gifted and talented students. Thus, eligibility for a
grant under this priority is restricted to applicants that demonstrate
that they intend both to identify and serve gifted and talented
students.
Change: We have revised the priority to make it clear that projects
are required both to identify gifted and talented students and to
provide these students with gifted and talented education services.
Specifically, in paragraphs (2) and (5) of the priority, we have added
references both to the identification of, and to the provision of
services to, gifted and talented students.
Comment: Several commenters requested clarification of the language
in paragraph (5) of the priority, in which we refer to students
prepared to participate in gifted and talented education programs. The
commenters requested that the Department clarify whether, in addressing
this element of the priority, an applicant must demonstrate the
presence of an established gifted and talented program.
Discussion: We have revised paragraph (5) of the priority in
response to a previous comment. Specifically, we deleted the language
the commenters referenced regarding students prepared to participate in
gifted and talented education programs and revised the priority to
clarify that applicants must demonstrate how they will provide gifted
and talented education services to the students identified through the
project. To the extent that applicants are required to use models with
demonstrated effectiveness in the identification of, and provision of
services to, gifted and talented students from underrepresented groups,
these models must include established gifted and talented education
programs.
Changes: As stated previously in this notice, we have revised the
priority to make it clear that projects are required both to identify
gifted and talented students and to provide these students with gifted
and talented education services. Specifically, in paragraphs (2) and
(5) of the priority, we have added references both to the
identification of, and to the provision of services to, gifted and
talented students.
Comment: One commenter recommended that we place greater emphasis
on the applicant's expertise in gifted education, either by requiring
that applicants demonstrate that they have significant expertise in
this area, or by adding a competitive preference for applicants that
include a team leader with gifted education expertise.
Discussion: Paragraph (3) of the priority already requires
applicants to demonstrate that their leadership team has significant
expertise in gifted and talented education. However, we agree with the
commenter that highlighting the need for expertise in gifted and
talented education may be helpful.
Change: We have revised the order of the areas of required
expertise listed in paragraph (3) of the priority to place greater
emphasis on the need for expertise in gifted and talented education.
Comment: One commenter recommended that, in order to expand the
advocacy infrastructure for this program, we fund demonstration
projects in States that do not house the National Research and
Development Center.
Discussion: Although we recognize the importance of supporting
demonstration projects that address the diverse needs of the different
student populations and geographic areas served by gifted and talented
education programs, the Department relies upon the advice of experts in
our peer review panels to select the proposals that are of highest
quality from among those we receive, regardless of the State in which
the applicant resides.
Change: None.
Comment: None.
Discussion: Upon further review of this priority, we noticed that
we refer to models and interventions and in most instances we mean the
same thing. For the sake of clarity, we have revised the priority to
refer to ``models'' throughout. By ``models,'' we mean instructional
approaches, practices, or curricula.
Changes: We have replaced references to the term ``intervention''
with the term ``model.''
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, 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
[[Page 21332]]
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 priority (34 CFR 75.105(c)(2)(i)); or
(2) selecting an application that meets the competitive 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
Javits Demonstration Programs
Under this priority, grantees must ``scale up'' and evaluate models
designed to increase the number of gifted and talented students from
underrepresented groups who, through gifted and talented education
programs, perform at high levels of academic achievement.
For this priority, ``scaling up'' means selecting a model designed
to increase the number of gifted and talented students from
underrepresented groups who, through gifted and talented education
programs, perform at high levels of academic achievement that has
demonstrated effectiveness on a small scale and expanding the model for
use with gifted and talented students in broader settings (such as in
multiple schools, grade levels, or districts, or in other educational
settings) or with different populations of gifted and talented students
(i.e., different populations of these students based on differences
such as the socioeconomic, racial, ethnic, geographic, and linguistic
backgrounds of the students and their families). With regard to this
priority, the term ``underrepresented groups'' includes economically
disadvantaged individuals, individuals with limited English
proficiency, and individuals with disabilities.
To meet this priority, applicants must include all of the following
in their applications:
(1) Evidence from one or more scientifically based research and
evaluation studies indicating that the proposed model has raised the
achievement of gifted and talented students from one or more
underrepresented groups in one or more core subject areas.
(2) Evidence from one or more scientifically based research and
evaluation studies that the proposed model has resulted in the
identification of and provision of services to increased numbers of
gifted and talented students from underrepresented groups who
participate in gifted and talented education programs.
(3) Evidence that the applicant has significant expertise on its
leadership team in each of the following areas: Gifted and talented
education, research and program evaluation, content knowledge in one or
more core academic subject areas, and working with underrepresented
groups.
(4) A sound plan for implementing the model in multiple settings or
with multiple populations.
(5) A research and evaluation plan that employs an experimental or
quasi-experimental design to measure the impact of the model on the
achievement of students in underrepresented groups, including students
who are economically disadvantaged or limited English proficient, or
who have disabilities, and on the number of these students who are
identified as gifted and talented and served through gifted and
talented programs.
Note: Evaluation methods using an experimental design are best
for determining program effectiveness. Thus, when feasible, the
project must use an experimental design under which participants
(e.g., students, teachers, classrooms, or schools) are randomly
assigned to participate in the project activities being evaluated or
to a control group that does not participate in the project
activities being evaluated.
If random assignment is not feasible, the project may use a quasi-
experimental design with carefully matched comparison conditions. This
alternative design attempts to approximate a randomly assigned control
group by matching participants with non-participants that have similar
characteristics before the model is implemented.
Executive Order 12866
This notice of final priority 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
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, we have determined
that the benefits of the final priority justify the costs.
We have also 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 in the notice of proposed
priority.
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 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
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Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
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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 84.206A Jacob K.
Javits Gifted and Talented Students Education Program)
Program Authority: 20 U.S.C. 7253.
Dated: April 16, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. E8-8589 Filed 4-18-08; 8:45 am]
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