[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Notices]
[Page 12341-12345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr09-50]
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DEPARTMENT OF EDUCATION
Native Hawaiian Career and Technical Education Program (NHCTEP);
Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice of final requirements, definitions, and selection
criteria.
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SUMMARY: The Assistant Secretary for Vocational and Adult Education
establishes requirements, definitions, and selection criteria under the
Native Hawaiian Career and Technical Education Program (NHCTEP). The
Assistant Secretary may use these requirements, definitions, and
selection criteria in competitions in fiscal year (FY) 2009 and later
years.
Effective Date: These requirements, definitions, and selection
criteria are effective April 23, 2009.
FOR FURTHER INFORMATION CONTACT: Nancy Essey, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 11070, Potomac Center Plaza
(PCP), Washington, DC 20202-7241. Telephone: (202) 245-7789 or by e-
mail: nancy.essey@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The Native Hawaiian Career and Technical
Education Program provides grants to eligible applicants to plan,
conduct, and administer programs, or portions of programs, that are
authorized by and consistent with the purposes of section 116 of the
Carl D. Perkins Career and Technical Education Act of 2006 (Act) for
the benefit of Native Hawaiians.
Program Authority: 20 U.S.C. 2326(a)-(h).
We published a notice of proposed requirements, definitions, and
selection criteria for this program in the Federal Register on January
23, 2009 (74 FR 4155). That notice contained background information and
our reasons for proposing the particular requirements, definitions, and
selection criteria. We are not repeating that information in this
notice.
There are no differences between the proposed requirements,
definitions, and selection criteria we published on January 23, 2009
and these final requirements, definitions, and selection criteria.
Public Comment: In response to our invitation in the notice of
proposed requirements, definitions, and selection criteria, we did not
receive any comments on the proposed requirements, definitions, and
selection criteria.
Final Requirements: Consistent with the Act, the Assistant
Secretary establishes the following requirements for this program. We
may apply these requirements in any year in which this program is in
effect.
I. Authorized Programs, Services, and Activities
(a) Authorized Programs. In accordance with section 116(e) of the
Act, under this program, NHCTEP projects must--
(1) Develop new programs, services, or activities or improve or
expand existing programs, services, or activities that are consistent
with the purposes of the Act. In other words, the Department will
support ``expansions'' or ``improvements'' that include, but are not
necessarily limited to, the expansion of effective programs or
practices; upgrading of activities, equipment, or materials; increasing
staff capacity; adoption of new technology; modification of curriculum;
or implementation of new policies to improve program effectiveness and
outcomes; and
(2) Fund a career and technical education program, service, or
activity that--
(i) Is a new program, service, or activity that was not provided by
the applicant during the instructional term (a defined period, such as
a semester, trimester, or quarter, within the academic year) that
preceded the request for funding under NHCTEP;
(ii) Will improve or expand an existing career and technical
education program; or
(iii) Inherently improves career and technical education. A
program, service, or activity ``inherently improves career and
technical education'' if it--
(A) Develops new career and technical education programs of study
for approval by the appropriate accreditation agency;
(B) Strengthens the rigor of the academic and career and technical
components of funded programs;
(C) Uses curriculum that is aligned with industry-recognized
standards and will result in students attaining industry-recognized
credentials, certificates, or degrees;
(D) Integrates academics (other than remedial courses) with career
and technical education programs through a coherent sequence of courses
to help ensure learning in the core academic and career and technical
subjects;
(E) Links career and technical education at the secondary level
with career and technical education at the postsecondary level, and
facilitates students' pursuit of a baccalaureate degree;
(F) Expands the scope, depth, and relevance of curriculum,
especially content that provides students with a comprehensive
understanding of all aspects of an industry and a variety of hands-on,
job-specific experiences; or
(G) Offers--
(1) Work-related experience, internships, cooperative education,
school-based enterprises, studies in entrepreneurship, community
service learning, and job shadowing that are related to career and
technical education programs;
(2) Coaching/mentoring, support services, and extra help for
students after school, on the weekends, or during the summer so they
can meet higher standards;
(3) Career guidance and academic counseling for students
participating in career and technical education programs under NHCTEP;
(4) Placement services for students who have successfully completed
career and technical education programs and attained a technical skill
proficiency that is aligned with industry-recognized standards;
(5) Professional development programs for teachers, counselors, and
administrators;
(6) Strong partnerships among grantees and local educational
agencies, postsecondary institutions, community leaders, adult
education providers, and, as appropriate, other entities, such as
employers, labor organizations, parents, and local partnerships, to
enable students to achieve State academic standards and attain career
and technical skills;
(7) The use of student assessment and evaluation data to improve
continually instruction and staff development; or
(8) Research, development, demonstration, dissemination,
[[Page 12342]]
evaluation and assessment, capacity-building, and technical assistance
related to career and technical education programs.
(b) Student stipends.
(1) A portion of an award under this program may be used to provide
stipends (as defined elsewhere in this notice under the heading
Definitions) to help students meet the costs of participation in a
NHCTEP project.
(2) To be eligible for a stipend a student must--
(i) Be enrolled in a career and technical education project funded
under this program;
(ii) Be in regular attendance in a NHCTEP project and meet the
training institution's attendance requirement;
(iii) Maintain satisfactory progress in his or her program of study
according to the training institution's published standards for
satisfactory progress; and
(iv) Have an acute economic need that--
(A) Prevents participation in a project funded under this program
without a stipend; and
(B) Cannot be met through a work-study program.
(3) The amount of a stipend is the greater of either the minimum
hourly wage prescribed by State or local law, or the minimum hourly
wage established under the Fair Labor Standards Act.
(4) A grantee may award a stipend only if the stipend combined with
other resources the student receives does not exceed the student's
financial need. A student's financial need is the difference between
the student's cost of attendance and the financial aid or other
resources available to defray the student's cost of attending a NHCTEP
project.
(5) To calculate the amount of a student's stipend, a grantee must
multiply the number of hours a student actually attends career and
technical education instruction by the amount of the minimum hourly
wage that is prescribed by State or local law or by the minimum hourly
wage that is established under the Fair Labor Standards Act. The
grantee must reduce the amount of a stipend if necessary to ensure that
it does not exceed the student's financial need.
Example: If a grantee uses the Fair Labor Standards Act minimum
hourly wage of $7.25 and a student attends classes for 20 hours a
week, the student's stipend would be $145 for the week during which
the student attends classes ($7.25 x 20 = $145). If the program
lasts 16 weeks and the student's total financial need is $2,000, the
grantee must reduce the weekly stipend to $125, because the total
stipend for the course would otherwise exceed the student's
financial need by $320 (or $20 a week).
Note: Grantees must maintain records that fully support their
decisions to award stipends to students, as well as the amounts that
are paid, such as proof of a student's enrollment in the NHCTEP
project, stipend applications, timesheets showing the number of
hours of student attendance that are confirmed in writing by an
instructor, student financial status information, and evidence that
a student could not participate in the NHCTEP project without a
stipend. (See generally 20 U.S.C. 1232f; 34 CFR 75.700-75.702;
75.730; and 75.731.)
(6) An eligible student may earn a stipend when taking a course for
the first time, although a stipend may not be provided to a student for
a particular course if the student has already taken, completed, and
had the opportunity to benefit from the course and is merely repeating
the course.
(7) An applicant must include, in its application, the procedure it
intends to use in determining student eligibility for stipends and
stipend amounts, and its oversight procedures for the awarding and
payment of stipends.
(c) Direct Assistance to Students. A grantee may provide direct
assistance (as defined elsewhere in this notice under the heading
Definitions) to a student only if the following conditions are met:
(1) The recipient of the direct assistance is an individual who is
a member of a special population (as defined in section 3(29) of the
Act) and who is participating in a NHCTEP project.
(2) The direct assistance is needed to address barriers to the
individual's successful participation in a NHCTEP project.
(3) The direct assistance is part of a broader, more generally
focused program or activity for addressing the needs of an individual
who is a member of a special population.
Note: Direct assistance to individuals who are members of
special populations is not, by itself, a ``program or activity for
special populations.''
(4) The grant funds used for direct assistance must be expended to
supplement, and not supplant, assistance that is otherwise available
from non-Federal sources. For example, generally, a community-based
organization could not use NHCTEP funds to provide child care for
single parents if non-Federal funds previously were made available for
this purpose, or if non-Federal funds are used to provide child care
services for single parents participating in non-career and technical
education programs and these services otherwise (in the absence of
NHCTEP funds) would have been available to career and technical
education students.
(5) In determining how much of the NHCTEP grant funds it will use
for direct assistance to an eligible student, a grantee--
(i) May only provide assistance to the extent that it is needed to
address barriers to the individual's successful participation in career
and technical education; and
(ii) Considers whether the specific services to be provided are a
reasonable and necessary cost of providing career and technical
education programs for special populations. However, the Secretary does
not envision a circumstance in which it would be a reasonable and
necessary expenditure of NHCTEP project funds for a grantee to utilize
a majority of a project's budget to pay direct assistance to students,
in lieu of providing the students served by the project with career and
technical education.
(d) Career and Technical Education Agreement. Any applicant that is
not proposing to provide career and technical education directly to
Native Hawaiian students and proposes instead to pay one or more
qualified educational entities to provide such career and technical
education to Native Hawaiian students must include with its application
a written career and technical education agreement between the
applicant and the educational entity. The written agreement must
describe the commitment between the applicant and the educational
entity and must include, at a minimum, a statement of the
responsibilities of the applicant and the entity. The agreement must be
signed by the appropriate individuals on behalf of each party, such as
the authorizing official or administrative head of the applicant Native
Hawaiian community-based organization.
(e) Supplement-Not-Supplant. Grantees may not use funds under
NHCTEP to replace otherwise available non-Federal funding for ``direct
assistance to students'' (as defined elsewhere in this notice under the
heading Definitions) and family assistance programs. For example,
NHCTEP funds must not be used to supplant non-Federal funds to pay the
costs of students' tuition, dependent care, transportation, books,
supplies, and other costs associated with participation in a career and
technical education program.
Further, funds under NHCTEP may not be used to replace Federal
student financial aid. The Act does not authorize the Secretary to fund
projects that serve primarily as entities through which students may
apply for and receive tuition and other financial assistance.
[[Page 12343]]
II. Evaluation Requirements
To help ensure the high quality of NHCTEP projects and the
achievement of the goals and purposes of section 116(h) of the Act,
each grantee must budget for and conduct an ongoing evaluation of the
effectiveness of its project. An independent evaluator must conduct the
evaluation. The evaluation must--
(a) Be appropriate for the project and be both formative and
summative in nature; and
(b) Include--
(1) Collection and reporting of the performance measures for NHCTEP
that are identified in the Performance Measures section of this notice;
and
(2) Qualitative and quantitative data with respect to--
(i) Academic and career and technical competencies demonstrated by
the participants and the number and kinds of academic and work
credentials acquired by individuals, including their participation in
programs providing skill proficiency assessments, industry
certifications, or training at the associate degree level that is
articulated with an advanced degree option;
(ii) Enrollment, completion, and placement of participants by
gender, for each occupation for which training was provided;
(iii) Job or work skill attainment or enhancement, including
participation in apprenticeship and work-based learning programs, and
student progress in achieving technical skill proficiencies necessary
to obtain employment in the field for which the student has been
prepared, including attainment or enhancement of technical skills in
the industry the student is preparing to enter;
(iv) Activities, during the formative stages of the project, to
help guide and improve the project, as well as a summative evaluation
that includes recommendations for disseminating information on project
activities and results;
(v) The number and percentage of students who obtained industry-
recognized credentials, certificates, or degrees;
(vi) The outcomes of students' technical assessments, by type and
scores, if available;
(vii) The rates of attainment of a proficiency credential or
certificate, in conjunction with a secondary school diploma;
(viii) The effectiveness of the project, including a comparison
between the intended and observed results and a demonstration of a
clear link between the observed results and the specific treatment
given to project participants;
(ix) The extent to which information about or resulting from the
project was disseminated at other sites, such as through the grantee's
development and use of guides or manuals that provide step-by-step
directions for practitioners to follow when initiating similar efforts;
and
(x) The impact of the project, e.g., follow-up data on students'
employment, sustained employment, promotions, further and continuing
education or training, or the impact the project had on Native Hawaiian
economic development or career and technical education activities.
III. Performance Measures
The Assistant Secretary establishes the following core factors and
measures for evaluating the overall effectiveness of the NHCTEP and
projects supported under this program.
(a) Number of Secondary, Postsecondary, and Adult Projects. The
number of secondary, postsecondary, and adult programs that--
(1) Apply industry-recognized skill standards so that students can
earn skill certificates in those projects; and
(2) Offer skill competencies, related assessments, and industry-
recognized skill certificates in an area of study offered by secondary
and postsecondary institutions.
(b) Secondary Projects. The percentage of participating secondary
career and technical education students who--
(1) Meet or exceed State proficiency standards in reading/language
arts and mathematics;
(2) Attain a secondary school diploma or its State-recognized
equivalent, or a proficiency credential in conjunction with a secondary
school diploma;
(3) Attain career and technical education skill proficiencies
aligned with industry-recognized standards; and
(4) Are placed in postsecondary education, advanced training,
military service, or employment in high-skill, high-wage, and high-
demand occupations or in current or emerging occupations.
(c) Postsecondary Projects. The percentage of participating
postsecondary students in career and technical education programs who--
(1) Receive postsecondary degrees, certificates, or credentials;
(2) Attain career and technical education skill proficiencies
aligned with industry-recognized standards;
(3) Receive industry-recognized credentials, certificates, or
degrees;
(4) Are retained in postsecondary education or transfer to a
baccalaureate degree program; and
(5) Are placed in military service or apprenticeship programs, or
are placed in employment, receive an employment promotion, or retain
employment.
(d) Adult Projects. The percentage of participating adult career
and technical education students who--
(1) Enroll in a postsecondary education or training program;
(2) Attain career and technical education skill proficiencies
aligned with industry-recognized standards;
(3) Receive industry-recognized credentials, certificates, or
degrees; and
(4) Are placed in employment, receive an employment promotion, or
retain employment.
Note: All grantees must submit an annual performance report
addressing these performance measures, to the extent feasible and to
the extent that they apply to each grantee's NHCTEP project.
Final Definitions
The Assistant Secretary establishes the following definitions for
NHCTEP program terms not defined in the Act. We may apply these
definitions in any year in which this program is in effect.
Acute economic need means an income that is at or below the
national poverty level according to the latest available data from the
U.S. Department of Commerce or the U.S. Department of Health and Human
Services Poverty Guidelines.
Coherent sequence of courses means a series of courses in which
career and academic education is integrated, and that directly relates
to, and leads to, both academic and occupational competencies. The term
includes competency-based education and academic education, and adult
training or retraining, including sequential units encompassed within a
single adult retraining course that otherwise meets the requirements of
this definition.
Direct assistance to students means tuition, dependent care,
transportation, books, and supplies that are necessary for a student to
participate in a project funded under this program.
Stipend means a subsistence allowance--
(a) For a student who is enrolled in a career and technical
education program funded under the NHCTEP;
(b) For a student who has an acute economic need that cannot be met
through work-study programs; and
(c) That is necessary for the student to participate in a project
funded under this program.
Final Selection Criteria
The Assistant Secretary establishes the following selection
criteria for evaluating an application under this
[[Page 12344]]
program. We may apply one or more of these criteria in any year in
which this program is in effect. In the notice inviting applications or
the application package, or both, we will announce the maximum possible
points assigned to each criterion.
(a) Quality of the Project Design. In determining the quality of
the design of the proposed project, we consider the following factors:
(1) 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 (as evidenced by such data as
local labor market demand, occupational trends, and surveys).
(2) The extent to which goals, objectives, and outcomes are clearly
specified and measurable. (For example, we look for clear descriptions
of proposed student career and technical education activities;
recruitment and retention strategies; expected student enrollments,
completions, and placements in jobs, military specialties, and
continuing education/training opportunities; the number of teachers,
counselors, and administrators to be trained; and identification of
requirements for each program of study to be provided under the
project, including related training areas and a description of
performance outcomes.)
(3) The extent to which the proposed project will establish
linkages with other appropriate agencies (e.g., community, State, and
other Federal resources) and organizations providing services to the
target population in order to improve services to students and
strengthen outcomes for the proposed project.
(4) The extent to which the services to be provided by the proposed
project will create and offer activities that focus on enabling
participants to obtain the skills necessary to gain employment in high-
skill, high-wage, and high-demand occupations in emerging fields or in
a specific career field.
(5) The extent to which the services to be provided by the proposed
project will create opportunities for students to acquire skills
identified by the State at the secondary level or by industry-
recognized career and technical education programs for licensure,
degree, certification, or as required by a career or profession.
(6) The extent to which the proposed project will provide
opportunities for high-quality training or professional development
services that--
(i) Are of sufficient quality, intensity, and duration to lead to
improvements in practice among instructional personnel;
(ii) Will improve and increase instructional personnel's knowledge
and skills to help students meet challenging and rigorous academic and
career and technical skill proficiencies;
(iii) Will advance instructional personnel's understanding of
effective instructional strategies that are supported by scientifically
based research; and
(iv) Include professional development plans that clearly address
ways in which learning gaps will be addressed and how continuous review
of performance will be conducted to identify training needs.
(b) Quality of the Management Plan. In determining the quality of
the management plan for the proposed project, we consider the following
factors:
(1) 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 the milestones and performance
standards for accomplishing project tasks.
(2) The extent to which the time commitments of the project
director and other key project personnel, including instructors, are
appropriate and adequate to meet the objectives of the proposed
project.
(3) The adequacy of procedures for ensuring feedback and continuous
improvement in the operation of the proposed project.
(c) Quality of Data Collection Plan. In determining the quality of
the data collection plan, we consider the following factors:
(1) The adequacy of procedures and methods for collecting data.
(2) The adequacy of the data collection plan in allowing comparison
with other similar secondary, postsecondary, and adult career and
technical education programs.
(d) Quality of Project Personnel. In determining the quality of
project personnel, we consider the following factors:
(1) 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.
(2) The qualifications, including relevant training, expertise, and
experience, of the project director.
(3) The qualifications, including relevant training, expertise, and
experience, of key project personnel, especially the extent to which
the project will use instructors who are certified to teach in the
field in which they will provide instruction.
(4) The qualifications, including training, expertise, and
experience, of project consultants.
(e) Adequacy of Resources. In determining the adequacy of resources
for the proposed project, we consider the following factors:
(1) The adequacy of support, including facilities, equipment,
supplies, and other resources, from the applicant organization(s) and
the entities to be served, including the evidence and relevance of
commitments (e.g., articulation agreements, memoranda of understanding,
letters of support, or commitments to employ project participants) of
the applicant, local employers, or entities to be served by the
project.
(2) The extent to which the budget is adequate and costs are
reasonable in relation to the objectives and design of the proposed
project.
(3) The potential for continued support of the project after
Federal funding ends.
(f) Quality of the Project Evaluation. In determining the quality
of the evaluation, we consider the following factors:
(1) The extent to which the methods of evaluation proposed by the
grantee are thorough, feasible, and appropriate to the goals,
objectives, and outcomes of the proposed project.
(2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and the performance measures discussed
elsewhere in this notice and will produce quantitative and qualitative
data, to the extent possible.
(3) The extent to which the methods of evaluation will provide
performance feedback and continuous improvement toward achieving
intended outcomes.
(4) The quality of the proposed evaluation to be conducted by an
external evaluator with the necessary background and technical
expertise to carry out the evaluation.
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria for future
competitions, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use these requirements, definitions, and
selection criteria, we invite applications through a notice in the
Federal Register.
Executive Order 12866: This notice has been reviewed in accordance
with
[[Page 12345]]
Executive Order 12866. Under the terms of the order, we have assessed
the potential costs and benefits of this final regulatory action.
The potential costs associated with this final regulatory action
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 final regulatory action, we have determined
that the benefits of the final requirements, definitions, and selection
criteria justify the costs.
We have determined, also, that this final 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 requirements, definitions and selection
criteria.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or computer diskette) on request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to this Document: You can view this document, as
well as all other documents of this Department 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.
Dated: March 19, 2009.
Dennis L. Berry,
Acting Assistant Secretary for Vocational and Adult Education.
[FR Doc. E9-6441 Filed 3-23-09; 8:45 am]
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