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Monday,

March 27, 2006

Part III

Department of
Education
Parental Information and Resource
Centers; Final Priorities and Eligibility
Requirements; Notice
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15308 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices

DEPARTMENT OF EDUCATION We published a notice of proposed Discussion: The priority to award a


priorities and eligibility requirements PIRC grant to the highest-ranking
Parental Information and Resource for this program in the Federal Register application in each State (provided that
Centers; Final Priorities and Eligibility on December 28, 2005 (70 FR 76787). the application is of sufficient quality to
Requirements This notice of final priorities makes show that it is likely to meet the
one change based on the purposes of the PIRC program,
AGENCY: Office of Innovation and
recommendations of commenters. We implement effective activities, and
Improvement, Department of Education.
are adding a new priority addressing the achieve intended results) does not
ACTION: Notice of final priorities and
geographic distribution of awards to adversely affect an applicant’s ability to
eligibility requirements. award additional points to each focus on needy populations. Consistent
SUMMARY: The Assistant Deputy application based on the total number of with the statutory requirement in
Secretary for Innovation and students enrolled in the public schools section 5563(b)(3) of the ESEA, a PIRC
Improvement announces priorities and of each State. project must target a minimum of 50
eligibility requirements under the percent of the grant funds it receives for
Analysis of Comments and Changes
Parental Information and Resource services to areas with high
Centers (PIRC) program. The Assistant In response to our invitation in the concentrations of low-income families.
Deputy Secretary may use one or more notice of proposed priorities and Further, each application must address
of these priorities for and apply these eligibility requirements, 25 parties selection criteria related to need in
eligibility requirements to competitions submitted comments on one or more of order to show that the application will
in fiscal year (FY) 2006 and later years. the proposed priorities and eligibility appropriately focus on meeting the
We intend these priorities and requirements. An analysis of the needs of disadvantaged individuals,
requirements to help ensure that funded comments and of any changes in the including students at risk of educational
projects will effectively address the priorities and eligibility requirements failure.
purposes of the PIRC program. since publication of the notice of Change: None.
DATES: Effective Date: These priorities proposed priorities and eligibility
requirements follows. Priority 2—Statewide Impact of PIRC
and eligibility requirements are effective Services
April 26, 2006. We discuss substantive issues under
the priority number or requirement to Comment: Eleven commenters wrote
FOR FURTHER INFORMATION CONTACT:
which they pertain. to express support for the priority. In
Steven L. Brockhouse, U.S. Department Generally, we do not address particular, several commenters noted
of Education, 400 Maryland Avenue, technical and other minor changes—and particular appreciation for the flexible
SW., room 4W229, Washington, DC suggested changes the law does not approach contained in the priority that
20202–5970. Telephone: (202) 260–2476 authorize us to make under the permits a project to include services that
or via Internet: applicable statutory authority. are tailored to specific communities,
steve.brockhouse@ed.gov.
If you use a telecommunications Priority 1—Geographic Distribution of geographic regions, or local educational
device for the deaf (TDD), you may call Awards agencies (LEAs), where appropriate, in
the Federal Relay Service (FRS) at addition to the statewide strategies and
Comment: Nine commenters services that a project would include.
1–800–877–8339. expressed support for this priority. More
Individuals with disabilities may Discussion: None.
than half of these commenters also Change: None.
obtain this document in an alternative
suggested that it would beneficial to Comment: One commenter indicated
format (e.g., Braille, large print,
consider making more than one award that it would have been helpful to have
audiotape, or computer diskette) on
in a State, if possible, so that factors a list of required activities associated
request to the contact person listed
such as the size or diversity of the with the priority.
under FOR FURTHER INFORMATION
State’s school-age population could be Discussion: The priority for statewide
CONTACT.
taken into consideration. impact clearly focuses on an applicant’s
SUPPLEMENTARY INFORMATION: PIRC Discussion: We agree with the proposed plan to provide services to
projects help implement successful and commenters that in making awards, we parents that enhance the ability of
effective parental involvement policies, should give some consideration to other parents to participate effectively in their
programs, and activities that lead to factors to help ensure that additional children’s education, including their
improvements in student academic awards are made in States with ability to communicate effectively with
achievement and strengthen relatively large student populations, public school personnel in the school
partnerships among parents, teachers, consistent with quality. This change that their child attends. Beyond that, we
principals, administrators, and other will help ensure that the geographic believe that applicants need to have
school personnel in meeting the distribution of all awards targets States flexibility to consider the specific
education needs of children. Section with larger student populations. There activities that are most appropriate to
5563(b) of the Elementary and are no additional costs to applicants the needs of parents in the State and are
Secondary Education Act of 1965, as associated with this change. likely to have a significant impact in
amended (ESEA), describes project Change: We have added a new enhancing parents’ ability to participate
requirements for the recipients of PIRC priority to award priority points based effectively in their children’s education
grants, including requirements to serve on the number of public elementary and and communicate effectively with
both rural and urban areas; to use at secondary school students enrolled in a public school personnel in the school
least one-half of the funds awarded to a State. that their child attends.
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project to serve areas with high Comment: One commenter Change: None.
concentrations of low-income families; recommended that Priority 1 not be Comment: One commenter
and to use at least 30 percent of the used. The commenter expressed recommended that, in addition to
funds awarded to a project to establish, concern that the priority would be making services that have a statewide
expand, or operate early childhood detrimental to reaching the neediest impact a priority, we should also award
parent education programs. populations. competitive points to an application

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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices 15309

proposing collaboration with the State projects stay abreast of current research of the statutory requirements in section
educational agency (SEA). and to provide professional 5563(b). For example, by focusing some
Discussion: We agree with the development to PIRC projects in or all of an applicant’s proposed
commenter that the development of an translating research into practice. activities to address Priority 3 on areas
effective collaborative relationship with Discussion: We decline to add with high concentrations of low-income
the SEA is important to implementing funding priorities for national projects families, an applicant could both
broad Statewide strategies but we expect in the context of these priorities and address this priority and contribute
that applicants will address how they requirements because these priorities towards meeting the requirement in
propose to establish this relationship in focus to a greater extent on providing section 5563(b)(3).
their response to this priority. As a services to States and local Change: None.
result, we do not believe that changing communities. We note, however, that Comment: One commenter
the priority to require specifically that section 5565(c) of the ESEA authorizes recommended that we include more
applicants address this type of the Secretary to provide technical specific direction concerning the
collaboration is necessary for applicants assistance to support the operation of production and dissemination of
to develop their PIRC applications. PIRCs. We will consider including information to parents and sought
Change: None. national activities in future technical guidance regarding whether a PIRC
Comment: Four commenters assistance grants or contracts authorized could work with LEAs to ensure that
expressed concern that giving priority to by section 5565(c). requirements related to public school
activities that emphasize statewide Change: None. choice, supplemental educational
approaches would have a detrimental services, and State and local report
impact on the effectiveness of projects Priority 3—Understanding State and
Local Report Cards and Opportunities cards are met.
by diluting PIRC services and inhibiting Discussion: We do not believe that
PIRCs’ ability to develop and maintain for Public School Choice and
Supplemental Educational Services incorporation of more specific guidance
effective working relationships with into the priority is necessary. Projects
parents. One of these commenters Comment: Seven commenters wrote may work with SEAs, LEAs, schools,
specifically recommended that the to express unqualified support for parents, or other organizations, as
priority not be implemented. Another Priority 3. Of those commenters who appropriate, and may disseminate
one of the four commenters discussed their reasons for supporting information in ways of reaching parents
recommended a substitute approach this priority, one observed that that are best suited to the needs and
that would give priority to those understanding State report cards is objectives of the project. As indicated in
applications that propose to work with fundamental to parents’ understanding the notice of proposed priorities and
their SEA even if the proposed of their State’s accountability system eligibility requirements, guidance on the
application did not include activities and to empowering parents; one subject matter of this priority is also
designed to have a statewide impact. indicated that PIRCs are a source of available on the Department’s Web site
Discussion: The priority for statewide unbiased information; and another as follows.
impact does not require that all services noted that the subject areas addressed in (Guidance on report cards under Title
provided by a grantee under a PIRC the priority are essential to the role of I of the ESEA is available at: http://
project be delivered on a statewide parents as envisioned by the No Child www.ed.gov/programs/titleiparta/
basis. The statutory requirements for Left Behind Act of 2001. reportcardsguidance.doc; guidance on
this program clearly provide that Discussion: None. supplemental educational services is
grantees must provide services to Change: None. available at: http://www.ed.gov/policy/
parents and local communities, so we Comment: One commenter elsec/guid/suppsvcsguid.doc; and
do not believe PIRCs will be reluctant to recommended that other PIRC program guidance on public school choice is
work effectively with parents. We requirements be limited in order to available at: http://www.ed.gov/policy/
believe, however, that there is ensure that PIRC projects had sufficient elsec/guid/schoolchoiceguid.doc.)
substantial benefit in supporting the resources to meet Priority 3 and Priority Change: None.
operation of PIRC projects that include 4.
activities designed to have a statewide Discussion: Section 5563(b) of the Priority 4—Technical Assistance in the
impact. ESEA sets forth specific requirements Implementation of Local Educational
The priority for statewide impact is that all applications must address, Agency and School Parental
intended to help ensure that all parents including two requirements that carry Involvement Policy Under Section 1118
from across a State have access to with them minimum standards for the of the ESEA
information and services, especially use of funds. Specifically, section Comment: Ten commenters wrote to
services that are designed to enhance 5563(b)(3) requires that each PIRC express support for Priority 4.
the ability of parents to participate project use at least 50 percent of the Discussion: None.
effectively in the education of their funds it receives in order to serve areas Change: None.
children. We also intend that this with high concentrations of low-income Comment: Two commenters
priority will facilitate the ability of PIRC families. Further, section 5563(b)(10) recommended that we expand the
projects to develop more effective requires each PIRC project to use at least language in Priority 4 to include school
working relationships with the State 30 percent of the funds it receives to readiness in addition to student
educational agency in their State. establish, expand, or operate an early achievement and school performance as
Change: None. childhood parent education program an area that should be targeted for
Comment: Two commenters such as Parents as Teachers or Home improvement through the
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recommended that we fund one or more Instruction for Pre-school Youngsters. implementation of the parental
additional national projects to support Applications must be responsive to all involvement policy under section 1118
PIRC projects. One of the commenters of these statutory requirements. of the ESEA.
specifically recommended that these Applications may propose activities that Discussion: We agree with the
additional projects provide content- address a priority and, at the same time, commenters regarding the importance of
focused specialties to help other PIRC contribute towards meeting one or more school readiness; however, the primary

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15310 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices

focus of Priority 4 is technical assistance of exemption would undermine the inviting applications for new awards for
in implementing section 1118 of the statutory eligibility requirements for the FY 2006 for the PIRC program published
ESEA, which requires SEAs, LEAs, and PIRC program, which provide for elsewhere in this issue of the Federal
schools to develop parental involvement nonprofit organizations or consortia of Register. This priority may be
activities to improve student academic applicants including nonprofit established without notice and
achievement and school performance. organizations to provide PIRC services. comment pursuant to 34 CFR
As documented by the results of Change: None. 75.105(b)(2)(iv).
recent Title I monitoring activity, the Comment: Three commenters Change: None.
need for technical assistance in this area addressed the eligibility provision Comment: One commenter
remains substantial. We believe that concerning the nonprofit organization’s recommended that PIRC projects be
adding school readiness as another board of directors. All three commenters required to set aside a minimum of five
focus for improvement would detract recommended that governance of the percent of the funds they receive for
from the primary purpose of the nonprofit organization by a board of evaluation. The commenter also
priority. Further, section 5563(b)(10) directors that includes parents of pre- recommended that we require the use of
requires PIRC projects to use a school and school-age children be an outside evaluator by each project in
minimum of 30 percent of the funds that required of all applicants. One order to preserve the independence of
a project receives annually for early commenter also recommended that we the evaluator and enhance the
childhood parent education activities, require that a majority of the members credibility of the evaluation.
making early childhood parent of a nonprofit organization’s board of Discussion: We agree that it is
education programs an integral part of directors be such parents. important for each project to include an
any PIRC project without further Discussion: These proposed changes appropriate level of support for
expansion of Priority 4. would unnecessarily exclude evaluation activities in its proposed
Change: None. organizations whose purpose or mission budget and, indeed, in some instances
Comment: One commenter includes the types of programs and an even greater amount than that
recommended that Priority 4 include activities supported by the PIRC suggested by the commenter may be
specific requirements related to project program, but whose boards of directors appropriate or necessary. We believe,
materials, the composition of the PIRC might not necessarily include parents of however, that this question is best
project staff, and the use of a statewide pre-school and school-age children. addressed through the selection criteria
telephone number with multiple Change: None.
concerning adequacy of resources to
languages in its menu. Other Comments determine the extent to which selected
Discussion: We do not think it is costs, including the proposed costs of
necessary to add these requirements. Comment: Nine commenters wrote
regarding the PIRC program requirement evaluation, are appropriate, reasonable,
Such specific requirements would and sufficient.
reduce applicants’ flexibility in in section 5563(b)(10) of the ESEA
addressing early childhood parent Regarding the recommendation that
designing technical assistance strategies grant recipients be required to use an
and approaches that are designed to education programs. In particular,
several commenters noted that section outside evaluator, we do not believe that
address effectively the individual needs this is necessary under this program.
of States and their LEAs and schools. 5563(b)(10) requires that each PIRC
project use at least 30 percent of the Change: None.
Change: None. Comment: One commenter
funds it receives annually for early
Eligibility Requirements childhood parent education programs recommended that funding factors
and, as a result, it is important that include not only size of the population
Comment: One commenter of a State, but also the number of
recommended that institutions of higher attention be given to the quality of these
programs. Four commenters specifically parents of Title I students.
education be specifically excluded from Discussion: The regulations in 34 CFR
serving as either applicants or fiscal recommended that we add early
childhood parent education activities as 75.232 require us to conduct a cost
agents. analysis before setting the amount of
Discussion: Institutions of higher another priority. Four commenters also
recommended that we give priority to each award. As part of the cost analysis,
education, like a variety of other
applications that propose to use early we examine costs to determine that they
organizations, may have specialized
childhood parent education programs are reasonable and that the budget
knowledge, interests, or programs that
that are either research-based or proposed in the application permits
focus on parental involvement issues.
nationally recognized. project objectives to be achieved with
We believe that excluding institutions of
Discussion: We agree that the early reasonable efficiency and economy.
higher education that meet the
childhood parent education programs This analysis would include
eligibility requirements described in
required by section 5563(b)(10) consideration of the number of parents
this notice would serve no beneficial
constitute a significant part of each PIRC of students served under Title I of the
purpose.
Change: None. project. Since a substantial proportion ESEA.
Comment: One commenter of the funds awarded to each PIRC Change: None.
recommended that we add a provision project must specifically focus on early Note: This notice does not solicit
that would permit an LEA to serve as childhood parent education programs applications. In any year in which we choose
the fiscal agent if the nonprofit and activities, it is important that plans to use one or more of these priorities, we
organization provided evidence of its for the use of these funds are invite applications through a notice in the
fiscal and program autonomy. sufficiently detailed to ensure that the Federal Register. Unless designated in this
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Discussion: The recommendation did program plans for addressing this aspect notice, when inviting applications we
not explain why a nonprofit of a PIRC project are of high quality and designate each priority as absolute,
competitive preference, or invitational. The
organization that has both fiscal and designed to achieve well-defined effect of each type of priority follows:
program autonomy would need an LEA results. Consequently, we have included
to serve as the fiscal agent for a project. a priority addressing early childhood Absolute priority: Under an absolute
We also believe that allowing this type parent education programs in the notice priority we consider only applications

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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices 15311

that meet the priority (34 CFR Priority 3—Understanding State and the definition of the term State in 34
75.105(c)(3)). Local Report Cards and Opportunities CFR 77.1(c).
Competitive preference priority: for Public School Choice and
Requirements
Under a competitive preference priority Supplemental Educational Services
we give competitive preference to an This priority supports applications Eligibility Requirements
application by either (1) awarding that would implement activities that We define the term nonprofit
additional points, depending on how effectively assist parents in organization for purposes of the PIRC
well or the extent to which the understanding State and local report program as an organization that:
application meets the competitive cards under Title I of the ESEA and, in (1) Is owned and operated by one or
priority (34 CFR 75.105(c)(2)(i)); or (2) cases where their child attends a school more corporations or associations whose
selecting an application that meets the identified as in need of improvement, net earnings do not benefit, and cannot
competitive priority over an application corrective action, or restructuring under lawfully benefit, any private
of comparable merit that does not meet Title I, in understanding their options shareholder or entity, as set forth in 34
the priority (34 CFR 75.105(c)(2)(ii)). for public school choice or CFR part 77; and
supplemental educational services.
Invitational priority: Under an (2) Represents the interests of parents
invitational priority we are particularly Priority 4—Technical Assistance in the of pre-school and school-age children
interested in applications that meet the Implementation of Local Educational (including parents who are
invitational priority. However, we do Agency and School Parental educationally or economically
not give an application that meets the Involvement Policy Under Section 1118 disadvantaged); or is governed by a
invitational priority a competitive or of the ESEA board of directors whose membership
absolute preference over other This priority supports applications includes such parents.
applications (34 CFR 75.105(c)(1)). that would provide technical assistance For an application submitted by a
in the implementation of LEA and consortium that includes a nonprofit
Priorities school parental involvement policies organization and one or more LEAs the
Priority 1—Geographic Distribution of under Title I of the ESEA in order to nonprofit organization must serve as the
Awards: Highest-Ranking Application in improve student academic achievement applicant and fiscal agent for the
a State and school performance. consortium. State and local
governments, including LEAs,
Priority 5—Geographic Distribution of intermediate school districts, and
This priority supports an application Awards: Consideration of the Size of the
that meets the following three schools, are not eligible to submit an
Student Enrollment in a State application on behalf of a consortium or
conditions:
Under this competitive preference serve as the fiscal agent of a PIRC grant.
(1) The application is the highest- priority, we award additional points to
ranking application proposing to Executive Order 12866
applications based on the number of
implement a PIRC project in a State, students enrolled in the public schools This notice of final priorities and
based on the selection criteria and of a State. eligibility requirements has been
competitive preference priorities used We award additional points to each reviewed in accordance with Executive
for this competition. application that proposes to provide Order 12866. Under the terms of the
(2) The application’s PIRC project services only in a single State based on order, we have assessed the potential
proposes to provide services only in that the total number of students enrolled in costs and benefits of this regulatory
State. the public elementary and secondary action.
schools of that State. To determine the The potential costs associated with
(3) The application is of sufficient
number of such students enrolled in the notice of final priorities and
quality to show that the proposed
each State, we use the most recent data eligibility requirements are those
project is likely to succeed in meeting reported by States to the National Center
the purposes of the PIRC program, in resulting from statutory requirements
for Education Statistics, Common Core and those we have determined as
implementing effective activities, and in of Data.
achieving intended results. necessary for administering this
We award a maximum of five points program effectively and efficiently.
For the purpose of selecting to an application. We award five points
to each applicant proposing to serve a In assessing the potential costs and
applications under this priority, we use
State with an enrollment of 2,000,000 or benefits—both quantitative and
the definition of the term ‘‘State’’ in 34
more students; four points to each qualitative—of this notice of final
CFR 77.1(c).
applicant proposing to serve a State priorities and eligibility requirements,
Priority 2—Statewide Impact of PIRC with an enrollment between 1,500,000 we have determined that the benefits of
Services students and 1,999,999 students; three the final priorities and eligibility
points to an applicant proposing to requirements justify the costs.
This priority supports applications We have also determined that this
serve a State with an enrollment
that would implement broad statewide regulatory action does not unduly
between 1,000,000 students and
strategies to provide parents from across interfere with State, local, and tribal
1,499,999 students; two points to an
the State, particularly parents who are applicant proposing to serve a State governments in the exercise of their
educationally or economically with an enrollment between 500,000 governmental functions.
disadvantaged, with services that
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and 999,999 students; and one point to Summary of potential costs and
enhance their ability to participate an applicant proposing to serve a State benefits: There are no potential
effectively in their child’s education, with an enrollment of less than 500,000 additional costs associated with the one
including their ability to communicate students. change to these final priorities. The
effectively with public school personnel For the purpose of selecting change will help to target assistance to
in the school that their child attends. applications under this priority, we use areas of greatest need.

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15312 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Notices

Intergovernmental Review documents published in the Federal Note: The official version of this document
Register, in text or Adobe Portable is the document published in the Federal
This program is subject to Executive Register. Free Internet access to the official
Order 12372 and the regulations in 34 Document Format (PDF) on the Internet
edition of the Federal Register and the Code
CFR part 79. One of the objectives of the at the following site:
of Federal Regulations is available on GPO
Executive order is to foster an http://www.ed.gov/news/fedregister. Access at: http://www.gpoaccess.gov/nara/
intergovernmental partnership and a To use PDF you must have Adobe index.html.
strengthened federalism. The Executive Acrobat Reader, which is available free
order relies on processes developed by (Catalog of Federal Domestic Assistance
at this site. If you have questions about Number 84.310A Parental Information and
State and local governments for using PDF, call the U.S. Government Resource Centers)
coordination and review of proposed Printing Office (GPO), toll free, at
Federal financial assistance. 1–888–293–6498; or in the Washington, Program Authority: 20 U.S.C. 7273 et seq.
This document provides early Dated: March 22, 2006.
DC area at (202) 512–1530.
notification of our specific plans and
You may also view this document in Christopher J. Doherty,
actions for this program.
text or PDF at the following site: http:// Acting Assistant Deputy Secretary for
Electronic Access to This Document www.ed.gov/programs/pirc/ Innovation and Improvement.
You may view this document, as well applicant.html. [FR Doc. 06–2935 Filed 3–24–06; 8:45 am]
as all other Department of Education BILLING CODE 4000–01–P
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