Implementation of the Funding Formula Under Part C of Title I of the Elementary and Secondary Education Act (ESEA)

SUMMARY: The Assistant Secretary of Education for Elementary and

Secondary Education (Assistant Secretary) proposes a method for

implementing section 1303(e)(3) of Title I of the Elementary and

Secondary Education Act (ESEA), as amended by the Improving America's

Schools Act (IASA), under which provision of Migrant Education Program

(MEP) services during intersession periods would be factored into

calculations of State MEP allocations for fiscal year (FY) 1995.

The Assistant Secretary also solicits comments on how, given the

end of the Migrant Student Record Transfer System (MSRTS), the

Department should obtain information on the estimated number of

migratory children residing in each State, as is required under section

1303(e) of ESEA, in order to make MEP allocations for FY 1996 and

beyond.

DATES: Written comments must be received on or before February 10,

1995.

ADDRESSES: Comments sent by mail should be addressed to James English,

Program Analyst, Office of Migrant Education, U.S. Department of

Education, 600 Independence Avenue, SW., Portals Building, Room 4100,

Washington, DC 20202-6135. The Internet address for comments is James--

E[email protected]. The FAX number is 202-205-0089.

FOR FURTHER INFORMATION CONTACT: James English, Office of Migrant

Education, U.S. Department of Education, 600 Independence Avenue, SW.,

Portals Building, Room 4100, Washington, DC 20202-6135. Telephone:

(202) 260-1394. Individuals who use a telecommunications device for the

deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-

800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through

Friday.

SUPPLEMENTARY INFORMATION:

Background

State allocations under the MEP are based on a formula that uses

State per-pupil expenditures and counts of the number of eligible

migratory children residing in each State full- and part-time. Until

enactment of the IASA, the Department determined the number of eligible

migratory children residing in each State on the basis of information

from the MSRTS on the full-time-equivalent (FTE) number of migratory

children in each State during the prior calendar year. The MSRTS will

go out of existence on June 30, 1995. Calendar year 1994 will be the

last year for which FTE counts of eligible migratory children will be

available from the MSRTS. Thereafter, the Department will have no

single source of information from the prior calendar year that can be

used for purposes of determining MEP allocations for FY 1996 and

beyond.

Section 1303(e)(3) of Title I of the ESEA, as amended by the IASA,

now requires the Department to adjust the number of migratory children

residing in each State full- and part-time to take into consideration

the needs of students participating in, and the costs of programs

operating during, both summer and intersession periods.

(Note: The Department defines intersession periods as those periods

of time when a year-round school is not in session.)

Prior law only required the Department to make an adjustment on the

basis of programs that operated during the summer, which the Department

had defined as May 15 through August 31. The Department does not, at

present, have information to make adjustments in the MEP formula based

on MEP projects that operate during intersession periods. Moreover, the

Department will be able to implement this provision as part of the

allocation formula for FY 1995 MEP funds only if an acceptable source

of information can be found.

The Department is proposing a method for implementing section

1303(e)(3) for FY 1995, and is requesting public comment on the

proposal and the availability of information to implement it (See Issue

1). With regard to changes in allocating funds beginning with FY 1996

that stem from the end of the MSRTS, the Department is requesting

public comment on a number of approaches that appear to be available

(See Issue 2).

Issue 1: Adjusting the FY 1995 MEP State Formula Allocation for

Children Participating in Programs Operated During Intersession Periods

Subsection 1303(e)(3) of the ESEA provides for implementation of an

intersession period adjustment for FY 1995 MEP awards. However, while

the MSRTS can provide the Department with FTE data on the overall

number ofeligible migratory children residing in each State and the

number of those served by the MEP in summer periods (and this data can

be adjusted to reflect the 36-month eligibility period required by

section 1309(a) of Title I, as amended) for purposes of FY 1995 MEP

allocations, neither MSRTS nor the Department has similar data relating

to intersession periods.

The Department believes that an accurate intersession period

adjustment to the FY 1995 MEP allocations can only be made using

information on migratory student participation in intersession periods

that is comparable to data that the MSRTS provides on counts of

migratory children served in regular-term and summer programs during

calendar year 1994. Thus, to make an adjustment of FY 1995 MEP

allocations for intersession period participation, the Department will

need data for each State on the FTE number of migratory children served

by MEP projects, in calendar year 1994, in those intersession periods

that occur outside the period, from May 15 to August 31, 1994, for

which a summer adjustment is already being made. Additionally, these

FTE counts will need to reflect only those migratory children who are

eligible based on the 36-month eligibility period required by section

1309(a) of Title I, as amended.

The Department invites comments from the public, especially SEA

staff, as to the availability of these data and any other options for

adjusting the FY 1995 MEP allocation accurately to reflect

participation by migratory children in intersession period MEP

programs.

Issue 2: Collection of Migratory Childcount Data for FY 1996 and

Thereafter, Given the End of the MSRTS

While FTE data from calendar year 1994 (including the summer

adjustment) will be available to the Department in order to make the FY

1995 MEP allocations, the pending end of the MSRTS in 1995 requires the

Department and States receiving MEP funds to utilize a new procedure to

allocate MEP funds appropriated for FY 1996 and later.

[[Page 2817]]

The Department believes that any future procedure for determining

State MEP allocations should be simple and cost-efficient. Possible

approaches include, but are not necessarily limited to, the following:

States could report standard data--either at several

points in the year, annually, or perhaps once every few years--on an

unduplicated count of eligible migratory children identified as

residing in the State during a given year. These data could be

collected and reviewed (subject to audit) for accuracy relatively

easily by counting the children listed as eligible on the Certificates

of Eligibility (COEs) that the State and its operating agencies will

continue to use to document eligibility. (The COE is a legal document,

completed by an individual authorized by the State to recruit for the

MEP, which contains information explaining the basis on which a

particular child has been determined to be a migratory child.) States

would have to make sure that a child listed on COEs maintained by two

different local agencies is counted only once for the regular year (or

period)--to ensure that an unduplicated count is reported. Similarly,

unique counts of children present during the summer or intersession

periods could also be compiled by the States based on COEs (or other

data on participants maintained by the State or its subgrantees).

The Department could continue to use the calendar year

1994 FTE data from MSRTS to make allocations in FY 1996 and, perhaps,

for subsequent years. Using 1994 data for making allocations in more

than one fiscal year would be cost-effective and would require less

burden on State and local agencies than collecting and reporting

participation data annually. Other Federal programs, such as Title I,

Part A, always have used data collected in one year to allocate funds

in more than one subsequent fiscal year.

States might report, annually or periodically, an

unduplicated count of migratory children served in Title I, Part C

programs during the regular school term, and in summer or intersession

periods in a prior year. These data would be similar to those the

States now submit for MEP participation reports.

The Department could commission periodic national surveys

of the population of migratory children in sufficient detail to yield

estimates of the number of these children who reside in each State.

The Assistant Secretary invites comments on the above approaches,

as well as recommendations (with justifications) for other possible

options.

Invitation to Comment

The Department solicits the views of interested parties,

particularly parents of migratory students, and those State and local

administrators and teachers who serve migratory children under the MEP.

The Assistant Secretary requests that each commenter identify his or

her role in education and the perspective from which he or she views

the educational system--either as a representative of an association,

agency, or school (public or private), or as an individual teacher,

parent or public citizen. The Assistant Secretary urges each commenter

to be specific regarding his or her recommendations.

All comments submitted in response to this notice will be available

for public inspection during and after the comment period in room 4100

Portals Building, 1250 Maryland Ave., SW., Washington, DC, between the

hours of 8:30 a.m. and 4:30 p.m., Monday through Friday of each week,

except Federal holidays.

(Program Authority: Section 1303(e) of Title I of the ESEA, as

amended.)

(Catalog of Federal Domestic Assistance Number: 84.011, Migratory

Education Basic State Formula Grant Program)

Dated: January 3, 1995.

Thomas W. Payzant,

Assistant Secretary for Elementary and Secondary Education.

[FR Doc. 95-604 Filed 1-10-95; 8:45 am]

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