[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14665]
[[Page Unknown]]
[Federal Register: June 16, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Assistance to Local Educational Agencies (LEAs)
AGENCY: Office of the Secretary, DoD.
ACTION: Notice of a program for providing financial assistance to LEAs.
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SUMMARY: Pursuant to section 386 of Public Law No. 102-484, as amended
by section 373 of Public Law 103-160, the ``National Defense
Authorization Act for Fiscal Year 1994,'' November 30, 1993, notice is
hereby given of a program to provide financial assistance to eligible
LEAs. Section 386(b) of Public Law No. 102-484, as amended, requires
DoD to assist an LEA that cannot, without such aid, ``provide
[its]students . . . with a level of education that is equivalent to the
minimum level of education available in schools of the other local
educational agencies of the same State,'' provided that the LEA meets
one of the three criteria established by section 386(c). For the
purpose of this notice, the term ``military dependent student'' has the
same meaning as in section 386(h)(2) of Public Law 102-484, as amended.
In making the necessary determination under section 386(b), the
Secretary of Defense must consult the Secretary of Education.
DATES: June 16, 1994.
ADDRESSES: Deputy Assistant Secretary of Defense (Personnel Support,
Families & Education), room 3E784, The Pentagon, Washington, DC 20301-
4000.
FOR FURTHER INFORMATION CONTACT:Dr. Hector O. Nevarez or Mr. John B.
Shaver, Section 6 Schools, 4040 North Fairfax Drive, Arlington, VA
22203-1635; telephone (703) 696-4354 or 4361; facsimile number (703)
696-8920.
SUPPLEMENTARY INFORMATION: During fiscal year (FY) 1994, the Department
of Defense shall provide 40 million dollars to assist LEAs that meet
criteria in section 386 of Public Law 102-484, as amended. (For the
purposes of this program, DoD shall rely on data from the Department of
Education).
Pursuant to subsection 386(c)(1) of Public Law No. 102-484, as
amended, an LEA is eligible for assistance under this program if it
satisfies subsection 386(b) and ``at least 30 percent (as rounded to
the nearest whole percent) of the students in average daily attendance
in the schools of that agency in that fiscal year are military
dependent students counted under subsection (a) or (b) of section 3 of
the Act of September 30, 1950 (Pub. L. 874, Eighty-first Congress; 20
U.S.C. 238).''
Pursuant to subsection 386(c)(2) of Public Law No. 102-484, as
amended, an LEA is eligible for assistance under this program if it
satisfies subsection 386(b) and its average daily attendance (ADA) of
military dependent students increased by at least 300 or more students
from FY 1993 to FY 1994 as a result of ``a relocation of Armed Forces
personnel or civilian employees of the Department of Defense or as a
result of a realignment of one or more military installations.'' Such
300 or more students must equal an increase in the ADA of military
dependent students of at least 10 percent or more from FY 1993 to FY
1994.
An alternate way of achieving eligibility for assistance is
prescribed under subsection 386(c)(3) of Public Law No. 102-484, as
amended. To qualify, the LEA must satisfy subsection 386(b) and ``by
reason of consolidation or reorganization of local educational agencies
be a successor of [an LEA] that for fiscal year 1992,'' was eligible to
receive payments under DoD Instruction 1342.18, dated June 3, 1991 (32
CFR part 240, 56 FR 28821), and satisfy the requirements in subsection
386(a)(1) or subsection 386(c)(2).
For the purposes of this program, the following definitions are
applicable:
(a) Applicant. Any LEA requesting assistance under this notice.
(b) Current Expenditures. ``[E]xpenditures for free public
education, including expenditures for administration, instruction,
attendance and health services, pupil transportation services,
operation and maintenance of plant, fixed charges, and expenditures to
cover deficits for food services and student body activities. The term
does not include expenditures for community services, capital outlay,
debt service, or any expenditures made from funds granted for the
purpose of chapter 1 and 2 of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2701-2976). An expenditure for the
replacement of equipment is considered to be either a current
expenditure or capital outlay, whichever is in accordance with State
accounting guidelines, law, or practice.'' 34 CFR Sec. 222.3.
(c) DoD Contribution. The amount of financial assistance an
applicant shall receive under this notice.
(d) Federal Property. Real property that because of Federal law,
agreement, or policy is exempt from taxation by a State or political
subdivision of a State and that the United States owns in fee simple or
leases from another party.
(e) Local Education Agency (LEA). A public board of education or
other public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city, county,
township, school district, or other political subdivision of a State,
or such combination of school districts or counties as are recognized
in a State as an administrative agency for its public elementary or
secondary schools. Such term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
(f) Military Dependent Student. A student that is a dependent child
of a member of the Armed Forces or a dependent child of a civilian
employee of the Department of Defense.
(g) Military Personnel. Members of the Armed Forces serving on
active duty.
(h) Military 3(a) Student. A child who attends the school(s) of a
LEA that provides free public education and who, while attending such
school(s) of the LEA, resides on Federal property and has a parent who
is on active duty in the Armed Forces (as defined in section 101(4) of
10 U.S.C.).
(i) Military 3(b) Student. A child who attends the schools of a LEA
that provides a free public education and who, while attending such
school(s), has a parent who is on active duty in the Armed Forces (as
defined in 10 U.S.C. 101(4)) but such child does not reside on Federal
property.
(j) Parent. The biological father or mother of a child; a person
who, by order of a court of competent jurisdiction, has been declared
the father or mother of a child by adoption; the legal guardian of a
child; or a person in whose household a child resides, provided that
such person stands in loco parentis to that child and contributes at
least one-half of the child's support.
(k) Per-Pupil Expenditure (PPE). The average current expenditure
for an individual student.
The Department of Defense shall provide 40 million dollars to
assist the LEAs that satisfy the requirements of this notice This money
shall be used only to supplement funding for the eligible LEAs
operating schools that provide free public education to military
dependent students for whom: (1) For the prior and current FYs, the LEA
has applied for and received, or shall receive, financial assistance
from all regular Federal and State educational aid programs available
to it, including the Impact Aid Program (Pub. L. No. 81-874, section 3,
as amended); (2) the eligibility of the LEA under State law for State
aid for free public education and the amount of that aid are no
different than the eligibility and amounts received by LEAs in that
State without military dependent students; and (3) the LEA files with
the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) a
letter of application (see Sample Letter at the end of this notice) and
a copy of an independently audited financial report of the applicant
LEA for the second preceding FY.
The eligible LEAs under this notice insofar as it implements
subsection 386(c)(1) and subsection 386(c)(2) shall receive financial
assistance for military dependent students. The eligible LEAs under
this notice insofar as it implements subsection 386(c)(3) shall receive
financial assistance only for military section 3(a) students.
Applications for financial assistance must be received no later than
June 30, 1994.
The amount of assistance (the DoD contribution) for the eligible
LEAs under this notice may not exceed the amount derived from the
following formula:
(1) Of the 40 million dollars available:
(i) Amounts of 27,000,000 dollars shall be obligated for military
section 3(a) students to those eligible LEAs whose per-pupil
expenditure (PPE) for the second preceding FY was less than the average
PPE in the State for the second preceding FY.
(ii) Amounts of 2,250,000 dollars shall be obligated for military
section 3(b) students and for those students who are the dependent
children of civilian employees of the Department of Defense to those
eligible LEAs, whose PPE for the second preceding FY was less than the
average PPE in the State for the second preceding FY.
(iii) Amounts of 9,000,000 dollars shall be obligated for military
section 3(a) students to those eligible LEAs whose PPE for the second
preceding FY was equal to, or greater than the average PPE in the State
for the second preceding FY.
(iv) Amounts of 750,000 dollars shall be obligated for military
section 3(b) students and for those students who are the dependent
children of civilian employees of the Department of Defense to those
eligible LEAs whose PPE for the second preceding FY was equal to, or
greater than the average PPE in the State for the second preceding FY.
(v) Amounts of 1,000,000 dollars shall be obligated to those
eligible LEAs whose ADA of military dependent students increased by 300
or more students from FY 1993 to FY 1994 as a result of ``a relocation
of Armed Forces personnel or civilian employees of the Department of
Defense or as a result of a realignment of one or more military
installations.''
(2) For military section 3(a) students in those eligible LEAs,
whose average PPE for the second preceding FY was less than the average
PPE in the State for the second preceding FY, the LEA shall receive an
amount, as follows:
(i) Equal to the LEA's military section 3(a) ADA for SY 1993-1994.
(ii) Multiplied by the quotient of the funds available to those
LEAs, whose PPE for the second preceding FY was less than the average
PPE in the State for the second preceding FY (27,000,000 dollars).
(iii) Divided by the sum of the ADAs for SY 1993-1994 of military
section 3(a) students of those same eligible LEAs.
(3) For military section 3(b) students and for those students who
are the dependent children of civilian employees of the Department of
Defense in those eligible LEAs whose average PPE for the second
preceding FY was less than the average PPE in the State for the second
preceding FY, the LEA shall receive an amount, as follows:
(i) Equal to the LEA's military section 3(b) and dependent children
of a civilian employee of the Department of Defense ADA for SY 1993-
1994.
(ii) Multiplied by the quotient of the funds available to those
LEAs whose PPE for the second preceding FY was less than the average
PPE in the State for the second preceding FY (2,250,000 dollars).
(iii) Divided by the sum of the ADAs for SY 1993-1994 of military
section 3(b) and dependent children of civilian employees of the
Department of Defense students of those same eligible LEAs.
(4) For military section 3(a) students in those eligible LEAs whose
PPE for the second preceding FY was equal to, or greater than the
average PPE in the State for the second preceding FY, the LEA shall
receive an amount, as follows:
(1) Equal to the LEA's military section 3(a) ADA for SY 1993-1994.
(ii) Multiplied by the quotient of the funds available to those
LEAs whose PPE for the second preceding FY was less than the average
PPE in the State for the second preceding FY (9,000,000 dollars).
(iii) Divided by the sum of the ADAs for SY 1993-1994 of military
section 3(a) students of those same eligible LEAs.
(5) For military section 3(b) students and for the students who are
the dependent children of civilian employees of the Department of
Defense in those eligible LEAs whose PPE for the second preceding FY
was equal to, or greater than the average PPE in the State for the
second preceding FY, the LEA shall receive an amount, as follows:
(i) Equal to the LEA's military section 3(b) and dependent children
of a civilian employee of the Department of Defense ADA for SY 1993-
1994.
(ii) Multiplied by the quotient of the funds available to those
LEAs whose PPE for the second preceding FY was less than the average
PPE in the State for the second preceding FY (750,000 dollars).
(iii) Divided by the sum of the ADAs for SY 1993-1994 of military
section 3(b) students and dependent children of civilian employees of
the Department of Defense of those same eligible LEAs.
(6) For those military dependent students in those eligible LEAs
whose ADA of military dependent students increased by 300 or more
students from FY 1993 to FY 1994 as a result of ``a relocation of Armed
Forces personnel or civilian employees of the Department of Defense or
as a result of a realignment of one or more military installations,''
the LEA shall receive an amount, as follows:
(i) Equal to the LEA's military dependent student ADA for SY 1993-
1994.
(ii) Multiplied by the quotient of the funds available to those
LEAs (1,000,000 dollars).
(iii) Divided by the sum of the ADAs for SY 1993-1994 of military
dependent students of those same LEAs.
The USD(P&R) shall calculate the proposed contribution. The
contribution may be used for all students in the LEA, at the discretion
of the appropriate officials in the LEA. The USD(P&R) shall ensure the
implementation of these policies and procedures and provide assistance,
as required, to the potentially eligible LEAs. The General Counsel of
the Department of Defense shall provide legal advice for the
implementation of this program.
An applicant requesting assistance under this notice shall submit a
letter of application (see sample letter at end of this notice) and a
copy of an independently audited financial report of the applicant LEA
for the second preceding FY, requesting a DoD contribution and assuring
the USD(P&R) that the LEA has applied for, has received or shall
receive all financial assistance from other sources for which it is
qualified. Letters of application must be addressed as follows: Under
Secretary of Defense (Personnel and Readiness), 4000 Defense Pentagon,
Washington, DC 20301-4000.
The applicant shall also file a copy of the letter of application
for financial assistance and required supportive information with the
State educational agency (SEA). The SEA may submit comments on the
LEA's application to the Department of Defense (at the above address)
by July 8, 1994. Such comments shall be considered when applications
are reviewed by the OSD. The LEA's application and all required
supporting information must reach the USD(P&R) no later than June 30,
1994.
Sample Letter of Application for Financial Assistance
Under Secretary of Defense,
(Personnel and Readiness), 4000 Defense Pentagon, Washington, DC
20301-4000.
Dear Mr. Under Secretary: Pursuant to this ``Notice of a Program
for Providing Financial Assistance to LEAs,'' ________ Federal
Register ________ (________, 1994), the (name of the local
educational agency (LEA)) requests financial assistance for the LEA
for school year 1993-1994. We certify that the LEA has applied for
financial assistance from all sources, including the State/
Commonwealth of (name). We understand that funds available for that
purpose shall be paid on a per-pupil basis for military section 3(a)
and military section 3(b) students and for those students who are
the dependent children of civilian employees of the Department of
Defense, as these terms are defined in the ``Notice of a Program for
Providing Financial Assistance to LEAs.'' Enclosed find a copy of
our independent audit ``(Title)'' prepared by (name of firm or
agency). We have submitted a complete and timely application for
section 3 impact aid assistance to the Secretary of Education. A
copy of this letter, with the above supporting information, is being
submitted to the State educational agency.
Sincerely,
(Authorized LEA Official)
Dated: June 13, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-14665 Filed 6-15-94; 8:45 am]
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