Teacher and Teacher's Aide Placement Assistance Program (Troops to Teachers)

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 254

Teacher and Teacher's Aide Placement Assistance Program (Troops

to Teachers)

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Interim final rule: amendment.

-----------------------------------------------------------------------

SUMMARY: This interim rule amendment implements ``National Defense

Authorization Act for Fiscal Year 1995,'' by extending eligibility in

the Department of Defense Teacher and Teacher's Aide Placement

Assistance program to Service members that were separated or released

from active duty during the 9 year period beginning October 1, 1990.

Service members that were separated or released before the Department

of Defense established the program on January 19, 1994, but on or after

October 1, 1990, have until October 5, 1995, to apply. The effect of

this change is to give Service members until October 5, 1995, to apply

for the program if their date of discharge or release from active duty

falls on or after October 1, 1990, but before January 19, 1994.

This interim rule amendment also provides that civilian employees

of the Department of Defense and Department of Energy must apply within

1 year following termination of their employment.

DATES: This document is effective November 25, 1994. Forward comments

no later than August 7, 1995.

ADDRESSES: Forward comments to Department of Defense, Office of the

Assistant Secretary of Defense (Force Management Policy) (PSF&E)

(DoDEA), The Pentagon, room 3E784, Washington, DC 20301-4000.

FOR FURTHER INFORMATION CONTACT: Mr. Otto Thomas (703) 696-4384.

SUPPLEMENTARY INFORMATION: Executive Order 12866, ``Regulatory Planning

and Review'' It has been certified that this amendment to the interim

final rule, in conformance with Executive Order 12866, does not:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the [[Page 30189]] economy, a sector

of the economy, productivity, competition, jobs, the environment,

public health or safety, or state, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, 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 set forth in

this Executive order.

This amendment to the interim final rule is necessary to initiate

the program so as to benefit as many personnel as may otherwise be

eligible. This program is time-sensitive and is authorized upon

publication in the Federal Register until October 1, 1999. Comments

will be considered in determining whether to amend this amendment to

the interim final rule.

Public Law 96-354, ``Regulatory Flexibility Act'' This amendment to

the interim rule is not subject to the Regulatory Flexibility Act (5

U.S.C. 601) and does not have a significant impact on a substantial

number of small businesses. The primary target for this program will be

local educational agencies that are entitled to Chapter 1 funds

pursuant to Title I, Elementary and Secondary Education Act of 1965 (20

U.S.C. 2701 et seq.). The program also will provide those contract

employees whose DoD contract has been terminated as a result of

completion or termination of a defense contract or program in defense

spending.

Public Law 96-511, ``Paperwork Reduction Act'' This amendment to

the interim rule does not impose any reporting or record keeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-

3520).

List of Subjects in 32 CFR Part 254

Elementary and secondary education, Military personnel.

Accordingly, 32 CFR part 254 is amended to read as follows:

PART 254--TEACHER AND TEACHER'S AIDE PLACEMENT ASSISTANCE PROGRAM

1. The authority citation for part 254 is revised to read as

follows:

Authority: 10 U.S.C. 1151, 1598, 2410C.

2. In Sec. 254.2, paragraphs (d) introductory text, (d)(1) and

(d)(2) are revised to read as follows.

Sec. 254.2 Definition.

* * * * *

(d) Eligible personnel. Service members, civilian employees of the

Department of Defense and the Department of Energy, and defense

contractor employees who meet the specific requirements identified in

paragraphs (d) (1) through (3) of this section. All persons selected

shall have a baccalaureate or advanced degree (associate degree or

higher for teacher's aide applicants) from an accredited institution of

higher learning and, if selected, shall be willing to agree to obtain

certification or licensure as an elementary or secondary school teacher

or teacher's aide and to accept an offer of full-time employment as an

elementary or secondary school teacher or teacher's aid for not fewer

than 5 school years in a school that serves a concentration of children

from low-income families.

(1) Eligible service members. Members of the Armed Forces who

during the 9-year period beginning on October 1, 1990 are discharged or

released from active duty after 6 or more years of continuous active

duty immediately before discharge or release, and are not discharged or

released from service under other than honorable conditions.

Application must be made within 1 year after discharge or release,

except that Service members whose date of discharge or release is on or

after October 1, 1990, but before January 19, 1994, shall apply by

October 5, 1995. Service members who do not meet the degree

requirements at the time of discharge shall be considered to be

eligible upon satisfying degree requirements with 5 years after

discharge from active duty. In such case, former Service members must

make application within 1 year after earning the applicable degree.

(2) Eligible Nonmilitary Government Employees. Full time civilian

employees of the Department of Defense or the Department of Energy who

have served at least 5 years in a civil service position and are

terminated from Government employment as a result of reductions in

defense spending or the closure of realignment of a military

installation as determined by the Secretary of Defense or the Secretary

of Energy. Application must be made after receipt of a notice of

termination but not later than 1 year following termination.

* * * * *

3. In Sec. 254.4, paragraphs (6) and (c) are revised to read as

follows.

Sec. 254.4 Procedures.

* * * * *

(b) Eligible Service members shall apply for participation in the

program not later than 1 year after the date of discharge or release,

except that eligible Service members whose date of discharge or release

is on or after October 1, 1990 but before January 19, 1994, shall apply

by October 5, 1995. Service members who are not eligible on their date

of separation because they do not meet the degree requirements required

to participate in the program, but who earn an applicable degree within

5 years after separation, shall apply not later than 1 year after

earning such a degree. Service members are also encouraged to register

in the Public Community Service Registry their interest in pursuing

employment as an elementary or secondary school teacher or teacher's

aide. Information about the Registry is provided during preseparation

counseling as part of the transition assistance program.

(c) Eligible Department of Defense or Department of Energy civilian

employees shall apply after they have received written notice of

termination of employment but not later than 1 year following the date

of such termination. DANTES shall provide program information to

civilian personnel offices that will allow civilian personnel offices

to make an initial determination of eligibility and refer interested

employees to installation education centers for program information and

to DANTES for selection purposes.

* * * * *

Dated: May 31, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 95-13956 Filed 6-7-95; 8:45 am]

BILLING CODE 5000-04-M