[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Rules and Regulations]
[Pages 12955-12961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04424]
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DEPARTMENT OF EDUCATION
34 CFR Chapter IV
[Docket ID ED-2012-OVAE-0053]
Final Requirements, Definitions, and Selection Criteria--Native
American Career and Technical Education Program (NACTEP)
[Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.]
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Final requirements, definitions, and selection criteria.
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SUMMARY: The Assistant Secretary for Vocational and Adult Education
announces requirements, definitions, and selection criteria under the
Native American Career and Technical Education Program (NACTEP). The
Assistant Secretary may use these requirements, definitions, and
selection criteria for a competition in fiscal year (FY) 2013 and
possibly in later years. We take this action to notify all interested
parties and eligible applicants in particular, of the requirements,
definitions, and selection criteria that we may use in upcoming
competitions under section 116 of the Carl D. Perkins Career and
Technical Education Act of 2006 (the Act).
DATES: Effective Date: March 28, 2013.
FOR FURTHER INFORMATION CONTACT: Gwen Washington, by telephone: (202)
245-7790, or by email: gwen.washingon@ed.gov; or Linda Mayo, by
telephone: (202) 245-7792, or by email: linda.mayo@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: Under NACTEP, the Secretary provides grants,
cooperative agreements, or enters into contracts with Indian tribes,
tribal organizations, or Alaska Native entities to improve career and
technical education programs that are consistent with the purposes of
the Act and that benefit Native Americans and Alaska Natives.
Program Authority: 20 U.S.C. 2301 et seq., particularly 2326(a)-
(g).
We published a notice of proposed requirements, definitions, and
selection criteria for this program in the Federal Register on November
20, 2012 (77 FR 69579) (November 20, 2012 Notice), which contained
background information and our reasons for proposing our requirements,
definitions, and selection criteria. Except for minor technical
changes, there are no differences between the proposed requirements,
definitions, and selection criteria and the final requirements,
definitions and selection criteria.
Public Comment: In response to our invitation in the November 20,
2012 Notice, we received three comments in support of our proposals and
one request for clarification of certain elements of our Notice. The
following is a discussion of those comments with our responses. We made
no changes in response to comments we received.
Analysis of Comments:
Comment: Two comments we received were from current NACTEP grantees
supporting our proposed requirements, definitions, and selection
criteria. These commenters indicated that their current NACTEP grants
had enabled them to serve the career and technical education needs of
their Indian student populations in the face of high unemployment rates
and great need for career and technical education. One of the
commenters represented a reservation with an unemployment rate of 66
percent where most reservation inhabitants are living in poverty. This
commenter indicated that its current NACTEP grant had had a
considerable positive effect on the reservation and members of the
commenters' tribe by preparing the tribe's students to fulfill expected
local workforce needs during the period covered by the current grant.
Both commenters agreed with the Department's proposed approach of
retaining programmatic elements developed for the first NACTEP
competition following enactment of the Act for grant competitions
funded with appropriations under this statute.
Discussion: We agree with the commenters, and in this notice we
announce as final the NACTEP requirements, definitions, and selection
criteria we proposed in our November 20, 2012 Notice.
Change: None.
Comment: We received one comment saying that the approach of
retaining current requirements developed following the 2006
reauthorization of the Act was one of consistency and strength and
would provide for program continuity. This commenter expressed the view
that the Department's approach had worked well for NACTEP and that
there was no need to make changes.
The commenter also requested that the Department not impose a page
limit for applications in the next competition so as to allow
applicants the greatest flexibility in their applications.
Discussion: With regard to the comment about our overall approach,
we agree with the commenter, and in this notice we announce as final
the NACTEP requirements, definitions, and selection criteria we
proposed in our November 20, 2012 Notice.
The commenter requested that we not impose application page
limitations. We do not do so through these requirements, definitions,
or selection criteria.
Change: None.
Comment: We received one comment requesting clarification of the
November 20, 2012 Notice's ``Authorized Programs, Services, and
Activities'' section, (subsection II within the ``Proposed
Requirements'' section), asking whether applicants would be required to
meet all three elements under ``Authorized programs'' or any
combination of those elements. Also with regard to ``Authorized
Programs, Services, and Activities,'' the commenter asked for
clarification on challenging academic standards in reading/language
arts and in mathematics, stating that the November 20, 2012 Notice
proposed the integration of academics with career and technical
education only at the secondary level. This commenter also asked where
the term ``special population'' is defined.
Discussion: Yes, applicants are required to meet all three elements
under ``Authorized programs.'' To ensure consistency with the Act, in
the ``Authorized Programs, Services, and Activities'' section of our
November 20, 2012 Notice, we require alignment of NACTEP projects with
other programs authorized under the Act, including requirements that
recipients of Perkins funds provide individuals with coherent and
rigorous content aligned with challenging academic standards and
relevant technical knowledge and skills and improve career and
technical education programs. Section 116(e) of the Act requires the
Assistant Secretary to ensure that activities funded under NACTEP will
improve career and technical education programs. And, section 3(5) of
the Act defines the term ``career and technical education'' as
requiring certain elements.
Therefore, we require that NACTEP programs meet all of the elements
of the Act's definition of ``career and technical education.'' In
addition, we require
[[Page 12956]]
NACTEP programs with CTE at the secondary level provide individuals
with coherent and rigorous academic curriculum aligned with challenging
academic content standards and student academic achievement standards
in reading or language arts and in mathematics that the State in which
the applicant is located has established under the Elementary and
Secondary Education Act of 1965, as amended (20 U.S.C. 6301 et seq.)
(ESEA). Also, projects must develop new programs, services, or
activities or improve or expand on existing programs, services, or
activities that are consistent with the purposes of the Act, and must
fund, by which we meant support, career and technical education
programs, services, or activities that are entirely new, would improve
or expand existing career and technical education programs, or would
inherently improve career and technical education. We provided a note
to explain what we meant by a program, service or activity that
``inherently improves'' career and technical education.
By identifying these program elements in detail, we intend to
clearly identify those programmatic elements that NACTEP applicants
would be required to include and address in their applications and in
their proposed projects, to fully reflect NACTEP program requirements
of section 116 and, where appropriate, of the broader Act.
As to the commenter's second request for clarification, in addition
to the elements we are requiring for all NACTEP-funded programs, we are
requiring that NACTEP programs with CTE at the secondary level, provide
individuals with coherent and rigorous academic curriculum aligned with
challenging academic content standards and student academic achievement
standards in reading or language arts and in mathematics that the State
in which the applicant is located has established under the ESEA.
Based on the Act's definition of ``career and technical
education,'', we are requiring that all programs, activities, or
services funded under NACTEP provide coherent sequences of courses
including organized educational activities that include competency-
based applied learning that contributes to the academic knowledge,
higher-order reasoning and problem-solving skills, work attitudes,
general employability skills, technical skills, and occupation-specific
skills, and knowledge of all aspects of an industry, including
entrepreneurship, of an individual. Contrary to the commenter's
conclusion on this point, our proposed requirement for competency-based
applied learning referred broadly to authorized activities and included
career and technical education activities at postsecondary level.
As to the commenter's third request for clarification, we did not
define the term ``special populations'' in our November 20, 2012 Notice
because this term is defined in the section 3(29) of the Act. As we
indicated in the Notice, we did not intend to include in our November
20, 2012 Notice, nor were seeking public comment on, statutory
requirements or definitions.
Note that we changed the introductory paragraph in section II of
the requirements to more accurately reflect the definition of ``career
and technical education'' in section 3(5) of the Act.
Change: We changed the introductory paragraph in section II of the
requirements from stating we announce the requirements ``to align
NACTEP with other authorized programs that require recipients of funds
under the Act to develop challenging academic standards and improve
career and technical education'' to specify that we announce the
requirements ``to align NACTEP with other authorized programs that
require recipients of funds under the Act to provide coherent and
rigorous content aligned with challenging academic standards and
improve career and technical education programs.''
Comment: None.
Discussion: We inadvertently left out the word ``race'' in
paragraph (e)(1) of the proposed selection criteria. We correct this
omission in the final selection criteria. Change: With the addition of
the word, ``race,'' paragraph (e)(1) now reads, ``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.''
Final Requirements, Definitions, and Selection Criteria:
Final Requirements:
I. Demonstration of Eligibility
(a) The Assistant Secretary for Vocational and Adult Education
announces that an eligible applicant (as determined by the Act) must
include documentation in its application showing that it and, if
appropriate, its consortium members, are eligible to apply.
(b) As defined in the Indian Self-Determination and Education
Assistance Act (ISDEA) (25 U.S.C. 450b(l)), the term ``tribal
organization'' means the recognized governing body of any Indian tribe;
any legally established organization of Indians which is controlled,
sanctioned, or chartered by such governing body or which is
democratically elected by the adult members of the Indian community to
be served by such organization and which includes the maximum
participation of Indians in all phases of its activities: provided,
that in any case where a contract is let or grant made to an
organization to perform services benefiting more than one Indian tribe,
the approval of each such Indian tribe shall be a prerequisite to the
letting or making of such contract or grant. In accordance with this
statutory definition, any tribal organization proposing to provide
NACTEP services for the benefit of more than one Indian tribe must
first obtain the approval of each Indian tribe it proposes to serve and
must submit documentation of such approval with its NACTEP application
and that documentation of tribal approval is a prerequisite to the
awarding of a NACTEP grant to any tribal organization proposing to
serve more than one Indian tribe.
II. Authorized Programs, Services, and Activities
Consistent with the Act, the Assistant Secretary for Vocational and
Adult Education announces the following requirements, to align NACTEP
with other authorized programs that require recipients of funds under
the Act to provide coherent and rigorous content aligned with
challenging academic standards and improve career and technical
education programs.
(a) Authorized programs. Section 116(e) of the Act requires the
Secretary to ensure that activities funded under NACTEP ``will improve
career and technical education programs'' (20 U.S.C. 2326(e)).
Therefore, under NACTEP the Assistant Secretary will award grants to
carry out projects that--
(1) Propose organized educational activities offering a sequence of
courses that--
(i) Provide individuals with coherent and rigorous content aligned
with challenging academic standards and relevant technical knowledge
and skills needed to prepare for further education and careers in
current or emerging professions;
(ii) Provide technical skill proficiency, an industry-recognized
credential, a certificate, or an associate degree; and
(iii) Include competency-based applied learning that contributes to
the academic knowledge, higher-order reasoning and problem-solving
skills,
[[Page 12957]]
work attitudes, general employability skills, technical skills, and
occupation-specific skills, and knowledge of all aspects of an
industry, including entrepreneurship, of an individual. Projects may
include prerequisite courses (other than remedial courses) that meet
the definitional requirements of section 3(5) of the Act. (20 U.S.C.
2302(5)) In addition, at the secondary level, coherent and rigorous
academic curriculum must be aligned with challenging academic content
standards and student academic achievement standards in reading or
language arts and in mathematics that the State in which the applicant
is located has established under the ESEA. Contacts for State ESEA
programs may be found on the Internet at: www.ed.gov/about/contacts/state/index.html.
(2) 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
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.
(3) 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 NACTEP;
(ii) Will improve or expand an existing career and technical
education program; or
(iii) Inherently improves career and technical education.
Note: A program, service, or activity ``inherently improves career
and technical education'' if it--
(a) Develops new career and technical education programs of study
that will be approved 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 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; and
(g) Offers--
(1) Work-related experience, internships, cooperative education,
school-based enterprises, 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 weekends and/or during the summers, so they
can meet higher standards;
(3) Career guidance and academic counseling for students
participating in career and technical education programs;
(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 career and
technical skills;
(7) The use of student assessment and evaluation data to improve
continually instruction and staff development with the goal of
increasing student achievement in career and technical education
programs; or
(8) Research, development, demonstration, dissemination, evaluation
and assessment, capacity-building, and technical assistance, related to
career and technical education programs.
(b) Student stipends. In accordance with section 116(c)(2) of the
Act, a portion of an award under this program may be used to provide
stipends (as defined in the Definitions section of this notice) to one
or more students to help meet the students' costs of participation in a
NACTEP project. A grantee must apply the following procedures for
determining student eligibility for stipends and appropriate amounts to
be awarded as stipends:
(1) 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 NACTEP 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.
(2) 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.
(3) A grantee may only award a stipend 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 participating in a
NACTEP project.
(4) To calculate the amount of a student's stipend, a grantee would
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.
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 = $145.00).
Note: In accordance with applicable Department statutory
requirements and administrative regulations, grantees must maintain
records that fully support their decisions to award stipends and the
amounts that are paid, such as proof of a student's enrollment in a
NACTEP project, stipend applications, timesheets showing the number
of attendance hours confirmed in writing by an instructor, student
financial status information, and evidence that a student would not
be able to participate in the
[[Page 12958]]
NACTEP project without a stipend. (20 U.S.C. 1232f; 34 CFR 75.700-
75.702; 75.730; and 75.731)
(5) An eligible student may receive a stipend when taking a course
for the first time. However, generally a stipend may not be provided to
a student who has already taken, completed, and had the opportunity to
benefit from a course and is merely repeating the course.
(6) An applicant must include in its application the procedure it
intends to use to determine 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 to students if the following conditions are met:
(1) The recipient of the direct assistance is an individual who is
a member of a special population and who is participating in the
grantee's NACTEP project.
(2) The direct assistance is needed to address barriers to the
individual's successful participation in that project.
(3) The direct assistance is part of a broader, more generally
focused program or activity to address 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. (20 U.S.C. 2391(a)) For example, generally, a
postsecondary educational institution could not use NACTEP 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
would have been available to career and technical education students in
the absence of NACTEP funds.
(5) In determining how much of the NACTEP grant funds it will use
for direct assistance to an eligible student, a grantee must consider
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 Assistant Secretary does not envision
a circumstance in which it would be a reasonable and necessary
expenditure of NACTEP project funds for a grantee to use 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.
III. Additional Final Requirements
(a) Career and technical education agreement. Any applicant that is
not proposing to provide career and technical education directly to its
students and proposes instead to use NACTEP funds to pay one or more
qualified educational entities to provide education to its students
must include with its application a written career and technical
education agreement between the applicant and that entity. This written
agreement must describe the commitment between the applicant and each
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 president of a tribe or tribal
organization, a college president, or a college dean.
(b) Evaluation Requirements. To help ensure the high quality of
NACTEP projects and the achievement of the goals and purposes of
section 116 of the Act, each grantee must budget for and conduct an
ongoing evaluation of the effectiveness of its NACTEP project. An
independent evaluator must conduct the evaluation. The evaluation
must--
(1) Be appropriate for the project and be both formative and
summative in nature;
(2) Include--
(i) Applicable performance measures for NACTEP;
(ii) Qualitative and quantitative data with respect to--
(A) Academic and career and technical competencies demonstrated by
the participants and the number and kinds of academic and work
credentials acquired by individuals, including participation in
programs providing skill proficiency assessments, industry
certifications, or training at the associate degree level that is
articulated with an advanced degree option;
(B) Enrollment, completion, and placement of participants by gender
for each occupation for which training was provided;
(C) 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;
(D) 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;
(E) The number and percentage of students who obtained industry-
recognized credentials, certificates, or degrees;
(F) If available, the outcomes of students' technical assessments,
by type and scores; and
(G) The rates of attainment of a proficiency credential or
certificate, in conjunction with a secondary school diploma.
(3) Measure the effectiveness of the project, including--
(i) A comparison between the intended and observed results; and
(ii) A demonstration of a clear link between the observed results
and the specific treatment given to project participants;
(4) Measure 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
(5) Measure the long-term impact of the project, such as, follow-up
data on students' employment, sustained employment, promotions, and
further/continuing education or training, or the impact the project had
on tribal economic development or career and technical education
activities offered by tribes.
Final Definitions:
The Assistant Secretary for Vocational and Adult Education
announces the following definitions for program terms not defined in
the Act, by cross-references in the Act to other Federal statutes, or
in the Education Department General Administrative Regulations:
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.
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 for a student that is
necessary
[[Page 12959]]
for the student to participate in a project funded under this program.
Final Selection Criteria:
The Assistant Secretary for Vocational and Adult Education
announces the following selection criteria for evaluating an
application under this program. We may apply one or more of these
criteria in any year in which this program is in effect. We will
announce the maximum possible points assigned to each criterion in the
notice inviting applications, in the application package, or both.
(a) Need for project. In determining the need for the proposed
project, we consider the extent of the need for the services to be
provided or the activities to be carried out by the proposed project,
as evidenced by data on such phenomena as local labor market demand or
occupational trends, or from surveys, recommendations from accrediting
agencies, or tribal economic development plans.
(b) Significance. In determining the significance of the proposed
project, we consider the following factors:
(1) The potential contribution of the proposed project toward
increasing the understanding of educational needs, issues, or
strategies for providing career and technical education to American
Indians and Alaska Natives.
(2) The likelihood that the proposed project will result in system
change or improvement in the applicant's educational program as
evidenced by the types of training and activities identified in the
project application.
(3) The extent to which the proposed project is likely to build
local capacity to provide, improve, or expand services that address the
career and technical needs of the target population.
(c) 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 goals, objectives, and outcomes are clearly
specified and measurable (e.g., identification of the requirements for
each course of study to be provided under the project, the technical
skill proficiencies to be taught and the industry-recognized standards
or competency assessments to be used, including related training areas
and a description of the industry certifications, credentials,
certificates, or degrees that students may earn; expected enrollments,
completions, and student placements in jobs, military specialties, and
continuing education/training opportunities in each career training
area; the number of teachers, counselors, and administrators to be
trained).
(2) 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 the applicant's
description of programs and activities that align with the target
population's needs.
(3) The extent to which the design for implementing and evaluating
the proposed project plans for and is likely to result in the
development of information that will guide possible dissemination of
information on project practices, activities, or strategies, including
information about the effectiveness of the approach or strategies
employed by the project, planned dissemination activities, the kind of
practices, activities, or strategies to be disseminated, the target
audience for the dissemination of such practices, activities, or
strategies, and the proposed uses for such disseminated practices,
activities, or strategies.
(4) The extent to which the proposed project will establish
linkages with or will be coordinated with similar or related efforts,
and with community, State, or Federal resources, where such
opportunities and resources exist.
(d) Quality of project services. In determining the quality of the
services to be provided by the proposed project, we consider the
following factors:
(1) The extent to which the training or professional development
services to be provided by the proposed project would be of sufficient
quality, intensity, and duration to lead to improvements in practice
among the project staff and instructors, including the extent to which
the proposed training and professional development plans address ways
in which learning gaps will be addressed and how continuous review of
performance will be conducted to identify training needs.
(2) The extent to which the services to be provided by the proposed
project will create opportunities for students to receive an industry-
recognized credential; become employed in high-skill, high-wage, and
high-demand occupations; or both.
(3) The extent to which the services proposed in the project will
create opportunities for students to acquire technical skill
proficiencies, industry certifications, or the skills identified by
State or industry-recognized career and technical education programs or
professions. In describing the services, there must be a clear link
between the services and the skill proficiencies, industry
certifications, credentials, certificates, or degrees that students may
earn.
(e) 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, key personnel, and project
consultants.
(3) The extent to which the project will use instructors who are
certified to teach in the field in which they will provide instruction.
(f) 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 tribal entity or entities to be served.
(2) The extent to which the budget is adequate and costs are
reasonable in relation to the objectives of the proposed project.
(3) The relevance and demonstrated commitment (e.g., through
written career and technical education agreements, memoranda of
understanding, letters of support and commitment, or commitments to
employ project participants, as appropriate) of the applicant, members
of the consortium, local employers, or tribal entities to be served by
the project.
(4) The potential for continued support of the project after
Federal funding ends.
(g) 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 are appropriate and adequate
to meet the objectives of the proposed project.
(3) The adequacy of mechanisms for ensuring high-quality products
and services from the proposed project.
(h) Quality of the project evaluation. In determining the quality
of the
[[Page 12960]]
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 Government Performance and
Results Act of 1993 (GPRA) performance measures, and will produce
quantitative and qualitative data, to the extent possible.
(3) The extent to which the methods of the evaluation include
processes that consider the validity and integrity of data collection
and analysis; accessibility of appropriate and timely data; accurate
descriptions of performance; collection processes that yield unbiased,
unprejudiced, and impartial data results; and the extent to which
representation of the data clearly communicates an accurate picture of
performance.
(4) The extent to which the methods of evaluation will provide
performance feedback and continuous improvement toward achieving
intended outcomes.
(5) The quality of the evaluation to be conducted by an external
evaluator with the necessary background and technical expertise to
carry out the evaluation.
Additional Selection Factors
In accordance with the requirement in section 116(e) of the Act, we
have included the following additional selection factors and will award
additional points to any application addressing the following factors,
as indicated.
We will award--
(a) Up to 10 additional points to applications that propose
exemplary approaches that involve, coordinate with, or encourage tribal
economic development plans; and
(b) Five points to applications from tribally controlled colleges
or universities that--
(1) Are accredited or are candidates for accreditation by a
nationally recognized accreditation organization as an institution of
postsecondary career and technical education; or
(2) Operate career and technical education programs that are
accredited or are candidates for accreditation by a nationally
recognized accreditation organization and issue certificates for
completion of career and technical education programs (20 U.S.C.
2326(e)).
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these requirements,
definitions, and selection criteria, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these final requirements, definitions, and selection
criteria only on a reasoned determination that their benefits would
justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that maximize net benefits.
Based on the analysis that follows, the Department believes that this
regulatory action is consistent with the principles in Executive Order
13563.
We also have determined that this regulatory action does not unduly
interfere with tribal governments in the exercise of their governmental
functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact persons listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: 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 via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
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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). To use PDF you must have Adobe Acrobat Reader,
which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: February 21, 2013.
Brenda Dann-Messier,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2013-04424 Filed 2-25-13; 8:45 am]
BILLING CODE 4000-01-P