[Federal Register: July 23, 2008 (Volume 73, Number 142)]
[Notices]
[Page 42792-42795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy08-40]
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DEPARTMENT OF EDUCATION
Migrant Education Coordination Program--Migrant Student
Information Exchange (MSIX) State Data Quality Grants
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice of final requirements.
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SUMMARY: The Assistant Secretary for Elementary and Secondary Education
establishes the final requirements for Migrant Student Information
Exchange (MSIX) State Data Quality grants funded under section 1308(b)
of Title I, Part C of the Elementary and Secondary Education Act of
1965 (ESEA), as amended by the No Child Left Behind Act of 2001.
Subject to the availability of funds in any fiscal year, the Department
will use the requirements to make annual grant awards by formula,
beginning in FY 2008, to provide additional resources to State
educational agencies (SEAs) in order to assist them and their local
operating agencies (LOAs) in implementing the interstate electronic
exchange of migrant children's records through the Migrant Student
Information Exchange (MSIX).
DATES: Effective Date: These requirements are effective August 22,
2008.
FOR FURTHER INFORMATION CONTACT: Alejandra V[eacute]lez-Paschke, U.S.
Department of Education, 400 Maryland Avenue, SW., LBJ, room 3E249,
Washington, DC 20202-6135. Telephone: (202) 260-2834 or via Internet:
MsixTeam@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Background: The Migrant Education Program (MEP), authorized in
Title I, Part C, of the ESEA, is a State-operated, formula grant
program under which SEAs receive funds to help improve the academic
achievement of migratory children who reside in their States. Under
section 1304(b)(3) of the ESEA, SEAs receiving MEP funds have a
responsibility to carry out activities that promote the interstate and
intrastate coordination of services for migratory children. This
responsibility includes carrying out activities that provide for
educational continuity through the timely transfer of pertinent school
records, including health information, for migratory children whether
or not they move during the regular school year.
Section 1308(b) of the ESEA requires, among other things, that the
Department (1) Assist States in developing methods for the electronic
transfer of migrant student records, (2) ensure the linkage of State
electronic records-exchange systems, and (3) establish the minimum
[[Page 42793]]
data elements (MDEs) that States must collect and maintain in their
migrant student databases for the purpose of electronically exchanging
health and educational records on migrant children. To meet these
statutory responsibilities, on September 28, 2007, the Department
established the MSIX. When fully operational, the MSIX will allow all
States participating in the MEP (and all LOAs in those States) to share
an established set of MDEs on their migrant children with any State and
LOA in which a migrant child enrolls by electronically linking the
States' existing migrant student databases. On November 27, 2007, the
Office of Management and Budget (OMB) approved an information
collection package (1810-0683) that establishes 66 MDEs.
We published a notice of proposed requirements for this program in
the Federal Register on April 1, 2008 (73 FR 17341). The notice
proposed that the Department establish a grant program under which,
subject to the availability of funds in any fiscal year, the Department
would make annual grant awards by formula beginning in FY 2008 to SEAs
in order to provide additional resources to assist them and their LOAs
in implementing the interstate exchange of migrant children's records
electronically through MSIX. The notice of proposed requirements
included a discussion of how SEAs could use these supplemental funds
and a proposed formula for distributing available money to the SEAs
that requested this assistance.
Except for some minor editorial and technical changes, there are
two differences between the proposed requirements identified in that
notice and the final requirements announced in this notice. These
changes are explained in the following Analysis of Comments and
Changes.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed
requirements, one party submitted comments on the proposed
requirements. An analysis of the comments follows.
Generally, we do not address technical and other minor changes--and
suggested changes we are not authorized to make under the applicable
statutory authority.
Comment: One commenter recommended that the Department allow States
that have already shown that they have met the MDE requirements and
implemented MSIX to use the MSIX State Data Quality Grant funds for
instructional services for migrant students under Title I, Part C.
Discussion: The Department appreciates the commenter's concerns.
However, the Department proposed this new program in response to
specific concerns expressed by representatives of many SEAs about the
costs of connecting their State migrant information systems with MSIX
and implementing related records exchange activities, and their strong
desire for additional funds to help pay for these costs. Responding to
this call for support, the Department proposed the MSIX State Data
Quality Grants as a way to supplement SEA efforts to pay for expenses
incurred by States in their efforts to link to and use the MSIX. The
Department believes that the needs of States for this additional
assistance is such that the entire $2 million that we proposed to set
aside for MSIX-related activities should be devoted to this purpose. In
this regard, as explained in the notice of proposed requirements (73 FR
17342), SEAs may use these funds for a wide variety of MSIX-related
activities, both for the ongoing costs of maintaining records and for
one-time costs incurred. Ongoing costs may include such activities as
paying for additional data entry personnel hired to enter migrant
student data into the State's migrant database, further MSIX training
of new staff, and refresher training once live data are entered into
the system. One-time costs may include the purchase of equipment, such
as computers, to be used for entering migrant student data. The funds
that are used for these MSIX-related activities will make MEP Basic
Formula Grant funds, which otherwise would have been spent on MSIX-
related activities, available for purposes of providing educational
services to migrant children under Title I, Part C of the ESEA.
Because the statement of Requirement 1 as proposed may not have
clarified that funds may be used for any of a variety of activities
only if the activities relate to the use of MSIX for transferring MDEs,
we have clarified this point.
Change: Requirement 1 is revised to clarify that SEAs may use MSIX
State Data Quality grant funds for various activities only to the
extent that these activities are related to the transfer of the MDEs to
and through MSIX.
Comment: None.
Discussion: In the course of our internal review of the proposed
requirements, we determined that the following sentence, included in
the notice of proposed requirements under the heading Amount of the
Grants, should be included in Requirement 4 because it relates to the
formula for determining an SEA's share of grant funds.
If an SEA does not apply for these funds or does not receive a
MEP Basic State formula grant in any given year, its share of grant
funds would be distributed to the requesting SEAs on the basis of
the formula established in the notice of final requirements.
Change: We have revised Requirement 4 to include the following
sentence:
If an SEA does not apply for these funds or does not receive a
MEP Basic State formula grant in any given year, its share of grant
funds will be distributed to the requesting SEAs on the basis of the
formula established in this notice of final requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use these requirements, we invite applications
through a separate document that will be sent to States directly.
Requirements
Requirement 1--In consultation with the LOAs and the State's parent
advisory council, each SEA will determine how these funds will be used
in the State. SEAs must use these funds only to help pay for additional
costs that their agencies and the LOAs in their States may assume for
various activities related to the transfer of the MDEs to and through
MSIX. Examples of these activities include:
(a) Enhancements to the State's migrant or State student database
to ensure the inclusion of the MDEs in accordance with MSIX data
specifications;
(b) Staffing or information technology (IT) services needed for the
collection, data entry, and maintenance of the MDEs or the connectivity
to MSIX;
(c) Development of manuals, procedures, pamphlets, or other
materials that support the implementation of the State's records
exchange program; and
(d) Support for activities directly related to staff training on
the use of MSIX, including staff attendance and travel to MSIX meetings
and workshops.
Requirement 2--Only an SEA that receives an MEP Basic State Formula
grant award is eligible to receive an MSIX State Data Quality grant. To
receive an MSIX State Data Quality grant, an SEA must submit a letter,
signed by the Chief State School Officer or his or her authorized
representative, (a) requesting an MSIX State Data Quality grant award,
and (b) providing an assurance that these funds will be used only for
activities that comport with the requirements in this notice of final
requirements. In each fiscal year for which sufficient section 1308
funds are available, the Department will
[[Page 42794]]
announce the estimated amount of each grant award and invite SEAs to
submit their letters of application on or before a date that the
Department specifies.
Requirement 3--These grant awards are subject to the financial
reporting requirements in section 80.41 of the Education Department
General Administrative Regulations (EDGAR) (34 CFR 80.41). With regard
to performance reporting, the Department does not apply the provisions
contained in section 80.40(b) of EDGAR. Instead, the Department will
use program monitoring conducted in conjunction with the overall MEP
Basic State Formula Grant program as a means of obtaining information,
including supporting documentation, on how the SEA and LOAs in the
State used MSIX State Data Quality grant funds to support MSIX-related
activities. Monitoring activities will examine progress relative to the
MSIX efficiency measure, which assesses the percentage of migrant
student records that are consolidated when school enrollment has
occurred in more than one State.
Requirement 4--Beginning in FY 2008 and in any subsequent fiscal
year in which sufficient funds are available under section 1308, the
Department will award these MSIX State Data Quality grants using the
following formula:
75 percent of the total amount available will be awarded
in equal amounts to each SEA with a MEP Basic State Formula grant
award; and
The remaining 25 percent of the funds will be awarded
proportionally relative to the amount of each State's Basic MEP State
Formula grant award amount made on July 1 of the fiscal year; except
that
No SEA may receive an MSIX State Data Quality grant award
that exceeds 20 percent of its MEP Basic State Formula grant award.
If an SEA does not apply for these funds or does not receive a MEP
Basic State formula grant in any given year, its share of grant funds
will be distributed to the requesting SEAs on the basis of the formula
established in this notice of final requirements.
Amount of the Grants
For FY 2008, the Department expects to award approximately $2
million for the MSIX State Data Quality grant awards. An appendix to
this notice contains a table presenting the size of each State's FY
2008 award assuming that all eligible SEAs apply and that $2 million
are available for FY 2008 awards. In subsequent fiscal years, the
Department will inform the States of the total amount of funds
available, if any, under this grant program.
Executive Order 12866
This notice of final requirements has been reviewed in accordance
with Executive Order 12866. Under the terms of the order, we have
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the notice of final
requirements are those resulting from statutory requirements and those
we have determined as necessary for administering this program
effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final requirements, we have
determined that the benefits of the final requirements justify the
costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
We fully discussed the costs and benefits in the notice of proposed
requirements.
Paperwork Reduction Act of 1995 (PRA)
The application procedure has been approved under OMB control
number 1810-0683.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Applicable Statutory and Regulatory Requirements
This grant program is subject to the requirements established in
this notice of final requirements and to the definitions used to
determine the eligibility of a ``migrant child'' found in section
1309(2) of the ESEA and 34 CFR Sec. 200.81. Consistent with the
``Tydings Amendment'' (section 421(b) of the General Education
Provisions Act, and restated in section 76.709 of EDGAR), funds awarded
under this program are available for obligation until September 30 of
the fiscal year following the fiscal year in which they are awarded.
Because it is a formula grant program, receipt of funds also is subject
to the requirements of parts 76 and 80 of EDGAR (34 CFR parts 76 and
80).
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/
nara/index.html.
(Catalog of Federal Domestic Assistance Number 84.144, Migrant
Education Coordination Program).
Program Authority: 20 U.S.C. 6398.
Dated: July 18, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
Appendix
Note: The estimated size of awards is based on the amount of FY
2008 MEP Basic State Grant awards issued on July 1, 2008, and
assumes that (1) exactly $2 million will be available for FY 2008
MSIX State Data quality grant awards, and (2) each SEA with a
Migrant Education Program Basic Formula Grant requests an award.
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NATIONAL TOTALS......................................... $2,000,000
ALABAMA................................................. 33,039.00
ALASKA.................................................. 40,025.00
ARIZONA................................................. 39,449.00
ARKANSAS................................................ 37,580.00
CALIFORNIA.............................................. 216,509.00
COLORADO................................................ 40,577.00
CONNECTICUT............................................. 31,475.00
DELAWARE................................................ 30,437.00
DIST. COLUMBIA.......................................... 0.00
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Appendix
ESTIMATED PROPOSED AWARD AMOUNTS FOR THE FY 2008 MSIX STATE DATA QUALITY
GRANTS
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FLORIDA.................................................... $63,523.00
GEORGIA.................................................... 41,851.00
HAWAII..................................................... 31,089.00
IDAHO...................................................... 35,360.00
ILLINOIS................................................... 32,819.00
INDIANA.................................................... 37,616.00
IOWA....................................................... 32,460.00
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KANSAS..................................................... 47,023.00
KENTUCKY................................................... 40,555.00
LOUISIANA.................................................. 33,549.00
MAINE...................................................... 31,557.00
MARYLAND................................................... 30,773.00
MASSACHUSETTS.............................................. 32,384.00
MICHIGAN................................................... 42,597.00
MINNESOTA.................................................. 32,471.00
MISSISSIPPI................................................ 30,875.00
MISSOURI................................................... 32,241.00
MONTANA.................................................... 31,404.00
NEBRASKA................................................... 37,541.00
NEVADA..................................................... 30,331.00
NEW HAMPSHIRE.............................................. 28,094.00
NEW JERSEY................................................. 32,998.00
NEW MEXICO................................................. 31,275.00
NEW YORK................................................... 43,935.00
NORTH CAROLINA............................................. 38,454.00
NORTH DAKOTA............................................... 30,326.00
OHIO....................................................... 33,635.00
OKLAHOMA................................................... 31,519.00
OREGON..................................................... 44,086.00
PENNSYLVANIA............................................... 43,389.00
RHODE ISLAND............................................... 13,374.00
SOUTH CAROLINA............................................. 30,790.00
SOUTH DAKOTA............................................... 31,202.00
TENNESSEE.................................................. 30,782.00
TEXAS...................................................... 114,584.00
UTAH....................................................... 32,558.00
VERMONT.................................................... 30,896.00
VIRGINIA................................................... 31,169.00
WASHINGTON................................................. 52,452.00
WEST VIRGINIA.............................................. 16,147.00
WISCONSIN.................................................. 30,905.00
WYOMING.................................................... 30,320.00
PUERTO RICO................................................ 0.00
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[FR Doc. E8-16857 Filed 7-22-08; 8:45 am]
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