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8494 Federal Register / Vol. 68, No.

35 / Friday, February 21, 2003 / Notices

telecommunications device for the deaf accommodations for a disability in order to review secure test items for the
(TDD) may call the Federal Information to attend the meeting (i.e. interpreting National Assessment of Educational
Relay Service (FIRS) at 1–800–877– services, assistive listening devices, Progress (NAEP) 2004 Grade 12 Foreign
8339. materials in alternative format) should Language Assessment in Spanish. The
notify Munira Mwalimu at 202–357– meeting must be conducted in closed
Federal Student Aid session as disclosure of proposed test
6938 or at Munira.Mwalimu@ed.gov no
Type of Review: Revision of a later than February 28, 2003. We will items from the 2004 NEAP Foreign
currently approved collection. attempt to meet requests after this date, Language Assessment would
Title: Direct Loan Program’s General but cannot guarantee availability of the significantly impede implementation of
Forbearance Request Form. requested accommodation. The meeting the NAEP program, and is therefore
Frequency: On Occasion. site is accessible to individuals with protected by exemption 9(B) of section
Affected Public: Individuals or disabilities. 552b(c) of Title 5 U.S.C.
household (primary). The Executive Committee will meet in
DATES: March 6–March 8, 2003.
Reporting and Recordkeeping Hour Times: partially closed session on March 6 from
Burden: Responses: 1074000; Burden March 6: Assessment Development 6:15 p.m. to 7 p.m. to receive
Hours: 214800. Committee: Closed Session—12 p.m.– independent cost estimates on contract
Abstract: Borrowers who receive 2:30 p.m.; Ad Hoc Committee on initiatives for the National Assessment
loans through the William D. Ford Background Questions: Open Session– of Educational Program (NAEP)
Federal Direct Loan Program will use 2:30 p.m. to 4:30 p.m.; Ad Hoc program. The meeting must be
this form to request forbearance on their Committee on NAEP Sampling Studies: conducted in closed session because
loans when they are willing but unable Open Session—2:30 p.m. to 4:30 p.m.; public disclosure of this information
to make their currently scheduled Executive Committee Meeting: Open would likely have an adverse financial
monthly payments because of a effect on the NAEP program. The
Session—5 p.m.–6:15 p.m.; Closed
temporary financial hardship. discussion of this information would be
Session 6:15 p.m. to 7 p.m.
Written requests for information March 7: Full Board Meeting: Open likely to significantly impede
should be addressed to Vivian Reese, Session 8:30 a.m.–12 p.m.; Committee implementation of a proposed agency
Department of Education, 400 Maryland Meetings (Open): Assessment action if conducted in open session.
Avenue, SW, Room 4050, Regional Development Committee 10 a.m.–12:00 Such matters are protected by
Office Building 3, Washington, DC p.m.; Committee on Standards, Design exemption 9(B) of section 552b(c) of
20202–4651 or to the e-mail address and Methodology, 10 a.m.–12 p.m.; Title 5 U.S.C.
Vivian.reese@ed.gov. Requests may also On March 7, 2003 the full Board will
Reporting and Dissemination
be faxed to 202–708–9346. Please convene in open session from 8:30 a.m.–
Committee, 10 a.m.–12 p.m.; Full
specify the complete title of the 10 a.m. The Board will approve the
Board—Closed Meeting 12 p.m.–1 p.m.,
information collection when making agenda and hear welcoming remarks
Open Meeting 1 p.m.–4:15 p.m. from the Superintendent of Fairfax
your request. March 8: Nominations Committee
Comments regarding burden and/or County Public Schools, Daniel
Meeting: Closed Meeting 8 a.m.–9:00
the collection activity requirements Domenech. The Board will then receive
a.m.; Full Board Meeting: Open Session
should be directed to Joseph Schubart at the Executive Director’s report and a
9 a.m.–12 p.m.
his e-mail address Joe.Schubart@ed.gov. NAEP Update from the Associate
LOCATION: Sheraton Premiere at Tysons Commissioner of NCES, Val Plisko.
Individuals who use a Corner, 8661 Leesburg Pike, Arlington,
telecommunications device for the deaf From 10 a.m. to 12 p.m., the Board’s
Virginia 22182. standing committees—the Assessment
(TDD) may call the Federal Information FOR FURTHER INFORMATION CONTACT:
Relay Service (FIRS) at 1–800–877– Development Committee, the Committee
Munira Mwalimu, Operations Officer, on Standards, Design, and Methodology,
8339. National Assessment Governing Board, and the Reporting and Dissemination
[FR Doc. 03–4201 Filed 2–20–03; 8:45 am] 800 North Capitol Street, NW., Suite Committee will meet in open session.
BILLING CODE 4000–01–P 825, Washington, DC 20002–4233, The full Board will meet in partially
Telephone: (202) 357–6938. closed session on March 7, 2003 from 12
SUPPLEMENTARY INFORMATION: The p.m. to 1 p.m. to receive results of the
DEPARTMENT OF EDUCATION 2002 NAEP Reading Assessment. This
National Assessment Governing Board
National Assessment Governing is established under section 412 of the meeting must be closed because the
Board; Meeting National Education Statistics Act of results of the Reading Assessment are
1994, as amended. under development and have not been
AGENCY: National Assessment The Board is established to formulate released to the public. Premature
Governing Board; Education policy guidelines for the National disclosure of the information would
ACTION: Notice of open meeting and Assessment of Educational Progress significantly frustrate implementation of
partially closed meetings. (NAEP). The Board’s responsibilities a proposed agency action if conducted
include selecting subject areas to be in open session. Such matters are
SUMMARY: This notice sets forth the assessed, developing assessment protected by exemption 9(B) of section
schedule and proposed agenda of a objectives, developing appropriate 552b(c) of Title U.S.C.
forthcoming meeting of the National student achievement levels for each The full Board will reconvene in open
Assessment Governing Board. This grade and subject tested, developing session on March 7, 2003 from 1 p.m.–
notice also describes the functions of guidelines for reporting and 4:15 p.m. The Board will receive an
the Board. Notice of this meeting is disseminating results, and developing update on the 2007 Reading Framework
required under section 10(a)(2) of the standards and procedures for interstate Project at 1 p.m. followed by an update
Federal Advisory Committee Act. This and national comparisons. on the NAEP Background Question
document is intended to notify the The Assessment Development Framework from 1:30 p.m. to 2:30 p.m.
general public of their opportunity to Committee will meet in closed session From 2:45 p.m. to 3:45 p.m., the Board
attend. Individuals who will need on March 6 from 12 p.m. to 2:30 p.m. will receive a briefing on the American

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Federal Register / Vol. 68, No. 35 / Friday, February 21, 2003 / Notices 8495

Diploma Project. This session will be findings, that the recipient cannot Secretary for Elementary and Secondary
followed by an ethics briefing from 3:45 comply until a future date with the Education concluded that WVDE’s
p.m. to 4:15 p.m. upon which the March applicable program requirements and proposed final assessment system and
7 session of the Board will adjourn. that a compliance agreement is a viable performance standards did not meet a
The Nominations Committee will means of bringing about such number of the Title I requirements.
meet in closed session on March 8, 2003 compliance. On March 29, 2002, the Section 454 of GEPA, 20 U.S.C. 1234c,
from 8 a.m. to 9 a.m. to receive Assistant Secretary for Elementary and sets out the remedies available to the
nominations for Board membership. Secondary Education (Assistant Department when it determines that a
This discussion pertains solely to Secretary) entered into a compliance recipient ‘‘is failing to comply
internal personnel rules and practices of agreement with the West Virginia substantially with any requirement of
an agency and will disclose information Department of Education (WVDE). law’’ applicable to Federal program
of a personal nature where disclosure Under section 457(b)(2) of GEPA, the funds the Department administers.
would constitute an unwarranted written findings and compliance Specifically, the Department is
invasion of personal privacy. As such, agreement must be published in the authorized to—
the discussions are protected by Federal Register. (1) Withhold funds;
exemptions 2 and 6 of section 552b(c) (2) Obtain compliance through a cease
FOR FURTHER INFORMATION CONTACT: Dr.
of Title 5 U.S.C. and desist order;
Grace A. Ross, U.S. Department of (3) Enter into a compliance agreement
On March 8, 2003 the full Board will Education, Office of Elementary and
meet in open session from 9 a.m. to 12 with the recipient; or
Secondary Education, 400 Maryland (4) Take any other action authorized
p.m. The Board will receive an update Avenue, SW., room 3W118,
on plans for the 12th grade NAEP by law. 20 U.S.C. 1234c(a)(1) through
Washington, DC 20202. Telephone: (a)(4).
Commission. This presentation will be (202) 260–0967. In a letter dated November 8, 2000 to
followed by Board actions on policies If you use a telecommunications Dr. David Stewart, Superintendent of
and Committee reports. The March 8, device for the deaf (TDD), you may call Schools for the West Virginia
2003 session of the Board meeting will the Federal Information Relay Service Department of Education, the Assistant
adjourn at 12 noon. (FIRS) at 1–800–877–8339.
Summaries of the activities of the Secretary notified WVDE that, in order
Individuals with disabilities may to remain eligible to receive Title I
closed session and related matters, obtain this document in an alternative funds, it must enter into a compliance
which are informative to the public and format (e.g., Braille, large print, agreement with the Department. The
consistent with the policy of section 5 audiotape, or computer diskette) on purpose of a compliance agreement is
U.S.C. 552b(c), will be available to the request to the contact person listed ‘‘to bring the recipient into full
public within 14 days of the meeting. under FOR FURTHER INFORMATION compliance with the applicable
Records are kept of all Board CONTACT. requirements of law as soon as feasible
proceedings and are available for public
SUPPLEMENTARY INFORMATION: Under and not to excuse or remedy past
inspection at the U.S. Department of
Title I, Part A of the Elementary and violations of such requirements.’’ 20
Education, National Assessment
Secondary Education Act of 1965 (Title U.S.C. 1234f(a). In order to enter into a
Governing Board, Suite #825, 800 North
I), each State, including the District of compliance agreement with a recipient,
Capitol Street, NW, Washington DC
Columbia and Puerto Rico, was required the Department must determine, in
from 9 a.m. to 5 p.m. Eastern Standard
to develop or adopt, by the 1997–98 written findings, that the recipient
Time.
school year, challenging content cannot comply until a future date with
Dated: February 14, 2003. standards in at least reading/language the applicable program requirements,
Charles Smith, arts and mathematics that describe what and that a compliance agreement is a
Executive Director, National Assessment the State expects all students to know viable means for bringing about such
Governing Board. and be able to do. Each State also was compliance.
[FR Doc. 03–4151 Filed 2–20–03; 8:45 am] required to develop or adopt On March 29, 2002, the Assistant
BILLING CODE 4000–01–M performance standards, aligned with its Secretary issued written findings,
content standards that describe three holding that compliance by WVDE with
levels of proficiency to determine how the Title I standards and assessment
DEPARTMENT OF EDUCATION well students are mastering the content requirements is genuinely not feasible
standards. Finally, by the 2000–2001 until a future date. Having submitted its
West Virginia Department of school year, each State was required to assessment system for peer review in
Education; Written Findings and develop or adopt a set of student August 2000, WVDE was not able to
Compliance Agreement assessments in at least reading/language make the significant changes to its
AGENCY: Office of Elementary and arts and mathematics that would be system that the Department’s review
Secondary Education, Department of used to determine the yearly required in time to meet the spring 2001
Education. performance of schools in enabling statutory deadline to have approved
ACTION: Notice of written findings and students to meet the State’s performance assessments in place. As a result, WVDE
compliance agreement. standards. administered its unapproved assessment
WVDE submitted, and the Department system in 2001. The Assistant Secretary
SUMMARY: Section 457 of the General approved, evidence that it has content also determined that a compliance
Education Provisions Act (GEPA) standards in at least reading/language agreement represents a viable means of
authorizes the U.S. Department of arts and mathematics. In August 2000, bringing about compliance because of
Education to enter into a compliance WVDE submitted evidence of its final the steps WVDE has already taken to
agreement with a recipient that is failing assessment system and performance comply, its commitment of resources,
to comply substantially with Federal standards. The Department submitted and the plan it has developed for further
program requirements. In order to enter that evidence to a panel of three action. The agreement sets out the
into a compliance agreement, the assessment experts for peer review. action plan that WVDE must meet to
Department must determine, in written Following that review, the Assistant come into compliance with the Title I

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