National Center or Centers for Research in Vocational Education

DEPARTMENT OF EDUCATION

National Center or Centers for Research in Vocational Education

AGENCY: Department of Education

ACTION: Notice of proposed interpretation and proposed waivers.

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SUMMARY: The Secretary of Education (Secretary) announces a proposed

interpretation of the statute authorizing the National Center or

Centers for Research in Vocational Education (National Center), section

404, Part A, Title IV of the Carl D. Perkins Vocational and Applied

Technology Education Act of 1990 (Act). Under the proposed

interpretation the Secretary would have the authority to extend the

five-year project period for the current National Center at the

University of California at Berkeley. In addition, the Secretary

proposes to waive the regulations in 34 CFR 75.250 of the Education

Department General Administrative Regulations (EDGAR), which provide

that the Secretary may approve a project period of up to 60 months and

the regulations in 34 CFR 413.4(a), which provide that the Secretary

designates a National Center or Centers once every five years. The

Secretary invites the public, including entities that would be eligible

to apply for grants under the National Center authority, to comment on

the proposed interpretation of section 404 of the Perkins Act and on

the proposal to waive Sec. 75.250 of EDGAR and Sec. 413.4(a) of the

program regulations.

DATES: Comments must be received by the Department on or before July

21, 1997.

ADDRESSES: All comments concerning this notice should be addressed to

Jackie Friederich, Division of National Programs, Office of Vocational

and Adult Education, U.S. Department of Education (Mary E. Switzer

Building, Room 4526), 600 Independence Avenue, SW, Washington, DC

20202-7242. Telephone (202) 205-9071. Comments may also be sent through

the Internet to: [email protected]. 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.

FOR FURTHER INFORMATION CONTACT: Jackie Friederich. Telephone (202)

205-9071. 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: In December 1992, after a competition

conducted under authority of section 404 of the Perkins Act and the

implementing regulations at 34 CFR part 413, the Secretary awarded a

grant to the University of California at Berkeley to operate the

current National Center for Research in Vocational Education. At that

time, the Secretary approved a five-year project period. The National

Center has received annual grant awards since December 1992 for the

purpose of conducting applied research and development activities in

vocational education as well as annual awards for the purpose of

conducting dissemination and training activities in vocational

education. Section 3 of the Act, as amended by Pub. L. 101-392,

authorized appropriations for Titles I through IV of the Act (including

appropriations for the National Center) for Fiscal Years (FYs) 1991,

1992, 1993, 1994, and 1995. Calendar year 1997 will be the fifth year

of the project period for which the University of California at

Berkeley was selected and awarded grants in 1992. The funds awarded to

the National Center in December of 1992 were utilized by the University

of California at Berkeley to carry out activities in 1993. Since

section 3 of the Act only authorized appropriations under Perkins Act

programs through FY 1995, FY 1996 Perkins Act programs were extended

under the authority of section 422 of the General Education Provisions

Act (Pub. L. 103-382). In FY 1997, Perkins Act programs that are

currently funded, including the National Center program, are operating

by authority of annual congressional appropriations.

Proposed Interpretation and Waivers

The authorization of appropriations for the Perkins Act has expired

and the National Center is being funded and administered on the basis

of year-to-year congressional appropriations. There is no authorization

of appropriation for the years that would be covered by new five-year

National Center grants, were there to be a competition. The National

Center authority in section 404 of the Perkins Act requires that the

Secretary operate a National Center or Centers for a period of five

years. December 31, 1997 will be the end of the five-year period for

the current National Center and, therefore, the statutory requirement

will have been met. The Secretary does not view the statute as

requiring a new competition for a new five-year grant especially since

there are no appropriations authorized. Accordingly, the Secretary

proposes to interpret the statute as authorizing him to extend the

current National Center.

In view of the uncertainties presented by the absence of

appropriation authority, the Secretary seeks to avoid a situation where

the current National Center ceases operations and a new National Center

starts up operations the next year, very possibly resulting in a

difficult transition period and a truncated project period during which

essential research, development, dissemination and training activities

will not be undertaken, causing a potentially serious disruption of

services to the vocational education community. The Secretary also does

not wish to place potential applicants in the position of expending

resources applying for Federal funds without knowing the full amount of

funds for which they are applying or the period of years for which they

are seeking to be funded. And, the Secretary is generally reluctant to

announce a competition whereby eligible entities would be expected to

proceed through the application preparation and submission processes

while lacking critical information, and does not think that it would be

in the public interest to do so. The Secretary hereby proposes an

appropriate and cost-effective way of implementing existing legislation

while serving the interest of the education community.

If the Secretary adopts this interpretation and publishes it in

final, the Secretary proposes to waive Sec. 75.250 of EDGAR and

Sec. 413.4(a) of the program regulations. This interpretation and these

waivers would authorize the Secretary to extend the grants to the

University of California at Berkeley beyond the 60-month period

provided for in Sec. 75.250, with new work beginning under the grant in

1998. The Secretary would extend the grants if it is determined, based

on information available, that Berkeley is making substantial progress

and would likely continue to make substantial progress in performing

all required activities.

Assuming that Berkeley is making substantial progress in performing

the required activities, the Secretary would extend the grants to

Berkeley for one additional year (through December, 1998), by awarding

them two grants totaling 4.5 million dollars under the authority of the

Departments of Labor, Health and Human Services, and Education, and

Related Agencies Appropriations Act, Pub. L. 104-208. However,

additional extensions could be made if Congress makes further

appropriations without underlying authorizing legislation. During the

period of any extension, the Secretary

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will review the activities of the National Center to ensure that

Berkeley continues to make substantial progress in performing all

required activities.

The Secretary does not interpret the waivers as exempting the

grantee from the account closing provisions of Pub. L. 101-510, or as

extending the availability of FY 1992, 1993, 1994, 1995, and 1996 funds

awarded to the grantee. As a result of Pub. L. 101-510, appropriations

available for a limited period may be used for payments of valid

obligations for only five years after the expiration of their period of

availability for Federal obligation. After that time, the unexpended

balance of those funds is canceled and returned to the Treasury

Department and is unavailable for restoration for any purpose.

The Secretary is interested in receiving public comment on the

proposed interpretation of section 404 of the Perkins Act described in

this notice and on the proposed waivers of Secs. 75.250 and 413.4(a).

The Secretary is particularly interested in hearing from institutions

of higher education or consortia of institutions of higher education

that would be eligible to compete for grants under the National Center

authority--despite the uncertainties that currently exist regarding

reauthorization and future funding for the National Center--were a

competition to be held this year.

In this regard, the Secretary would like to alert any potential

applicants that, were a new competition to be held this year, the

Secretary would seek to increase the number of applicants and the

variety of approaches undertaken by the National Center both in the

areas of research and development and dissemination and training.

Regardless of whether a new competition is held, the Secretary

would give special emphasis to several of the mandatory statutory and

regulatory activities the National Center is required to carry out,

which appear to be of particular concern to the education community, in

the following areas:

(a) Integration of academic and vocational education.

(b) Accountability in vocational education, including the use of

performance standards for program improvement.

(c) Education of students in all aspects of an industry.

(d) Development of effective methods for promoting literacy and

communication skills in students.

(e) Use of technology to enhance learning and support the

transference of knowledge.

(f) Teacher and administrator training and leadership development.

(g) Articulation of secondary and postsecondary instruction with

high quality work-based learning.

(h) A study on the research conducted on approaches that lead to

effective articulation of the education-to-work transition.

(i) Dissemination of exemplary practices and materials, including

curriculum and instructional materials.

(j) Development and utilization of a national level dissemination

network, including the broad dissemination of the results of research

and development conducted by the National Center.

(k) Development and publication of curriculum materials.

(l) Development of processes for the synthesis of research.

The activities of the National Center provide valuable support to

the Department's new initiatives that are geared toward preparing

students for high skill jobs by providing them with the academic,

technical, and related skills needed for the twenty-first century.

These initiatives support the development of high levels of academic

standards and occupational skills for all students by promoting

education reform, improvements at the postsecondary level in the

delivery of services to vocational education students and in teacher

and administrator training and leadership development, and the

development of school-to-work systems. Through research and

dissemination initiatives in areas such as the integration of academic

and vocational education and the education of students in all aspects

of the industry, new findings can be identified and disseminated in

areas such as linking secondary and postsecondary learning, and the

formation of effective partnerships among schools, employers, parents,

and community and labor organizations that enhance school-based and

work-based learning. Other possible research, development and

dissemination strategies that address these priorities could include

the use of support services and supportive learning environments, the

development and use of effective performance management systems for

program improvement, and the integration of occupational skill

standards and assessments with academic performance standards and

assessments. Through the exploration, development, identification and

dissemination of these strategies, the work of the National Center will

have a significant impact on education policy and practice which will

benefit the collaborative education and training efforts of

institutions, educators, businesses, and students.

Authority: 20 U.S.C. 1221e-3; 20 U.S.C. 2404; 20 U.S.C. 3474.

Dated: June 17, 1997.

(Catalog of Federal Domestic Assistance Number 84.051 National

Center for Research in Vocational Education)

Patricia W. McNeil,

Assistant Secretary, Office of Vocational and Adult Education.

[FR Doc. 97-16226 Filed 6-19-97; 8:45 am]

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