National Center or Centers for Research in Vocational Education

SUMMARY: The Secretary of Education (Secretary) announces an

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 interpretation, the

Secretary has the authority to extend the five-year project period for

the current National Center at the University of California at

Berkeley. In addition, for the National Center at Berkley, the

Secretary waives 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; the

regulations in 34 CFR 75.261(c)(2) and (3) of EDGAR, which provide for

circumstances under which the Secretary may extend the project period

of an award; and the regulations in 34 CFR 413.4(a), which provide that

the Secretary designates a National Center or Centers once every five

years.

EFFECTIVE DATE: This notice becomes effective on December 12, 1997.

FOR FURTHER INFORMATION CONTACT: Jackie Friederich or Pariece Wilkins,

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. Internet address: J[email protected]

and P[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.

Individuals with disabilities may obtain this document in an

alternate format (e.g., Braille, large print, audiotape, or computer

diskette) on request to the contact person listed in the preceding

paragraph.

SUPPLEMENTARY INFORMATION: In December 1992, after a competition

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

implementing regulations at 34 CFR Part 413, the Secretary awarded

grants 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 Public Law 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 were

funded, including the National Center program, operated by authority of

annual congressional appropriations.

On June 20, 1997, the Secretary published a notice of proposed

interpretation and proposed waiver in the Federal Register (62 FR

33726). Except for technical revisions and the waiver of 34 CFR

75.261(c) (2) and (3), there are no differences between the proposed

and final interpretation and waivers.

Analysis of Comments

Interpretation

In response to the Secretary's invitation, 17 parties submitted

comments on the notice of proposed interpretation of section 404 of the

Perkins Act and on the proposed waivers of Secs. 75.250 and 413.4(a).

Comments: All seventeen commenters supported the continuation of

the National Center at the University of California at Berkeley.

Fourteen of these commenters thought the National Center should

continue because they either benefited from or were pleased with the

National Center's work. Five commenters agreed with the Department that

the National Center should be continued because of uncertainties

regarding reauthorization and future funding for the National Center.

Discussion: The Secretary is also pleased with work performed by

the National Center at the University of California at Berkeley. The

National Center has provided valuable research in tech-prep,

integration of academic and vocational education, and both performance

and skills standards. Moreover, the Secretary believes Berkeley is

likely to continue to operate a National Center that addresses the

needs of the vocational education community.

The uncertainties regarding reauthorization and future funding for

the National Center, which prompted the Department to propose the

notice of interpretation and waivers, remain. The Secretary continues

to want to avoid holding a grant competition for a new National Center

in an atmosphere of uncertainty in which potential applicants would not

have critical information. The Secretary is, therefore, issuing this

notice of interpretation that will enable the Department to continue

the existing National Center beyond the 60-month project period, with

new work beginning under the grants in 1998.

Change: None.

Comment: One commenter strongly encouraged the National Center,

during its one-year extension, to provide research that supports a

strengthened State leadership role for vocational technical education

and to conduct research that will assist States in critical issues such

as vocational technical education's role in welfare reform and

vocational teacher education.

Discussion: The Secretary believes that one of the most important

activities of the National Center is applied research and dissemination

that help to shape the future of vocational education and that are

especially useful to educators in strengthening vocational education

programs. In this regard, the Secretary plans for the National Center

to enhance its dissemination activities and efforts to assist States

and localities to address their needs. During the 1998 project period

the National Center will provide States with materials and services in

key areas of need, which may include use performance data, professional

development, welfare reform, and curriculum integration, and will

provide technical assistance in the use of the National Center's

research findings through regional workshops.

Change: None.

Waiver

Comment: None.

Discussion: In order to extend the five-year project period for the

current National Center, the Secretary has waived 34 CFR 75.250, which

provides

[[Page 60753]]

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

Sec. 413.4(a), which provides that the Secretary designates a National

Center or Centers once every five years. Consistent with these two

waivers, the Secretary has determined that he will waive 34 CFR

75.261(c)(2) and (3) so as to authorize the extension to Berkeley even

though the extension will involve the obligation of new Federal monies

and the performance of new work.

Change: This notice now includes a waiver of 34 CFR 75.261(c)(2)

and (3).

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 new five-year grants especially since

there are no appropriations authorized. Accordingly, the Secretary

interprets 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. Also, 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, therefore, adopts the

interpretation and waives certain regulations for the National Center

at Berkeley in order to provide an appropriate and cost-effective way

of implementing existing legislation while serving the interest of the

education community.

The Secretary adopts the interpretation of section 404 of the

Perkins Act and waives Secs. 75.250 and 75.261(c)(2) and (3) of EDGAR

and Sec. 413.4(a) of the program regulations as they apply to the

National Center at Berkeley. This interpretation and these waivers

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 grants in 1998. The

Secretary will extend the grants if it is determined, based on

information available, that Berkeley is making substantial progress and

will 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 will extend the grants to

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

two grants totaling $4.5 million under the authority of the Departments

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

Agencies Appropriations Act, Public Law 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 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.

Therefore, FY 1993 funds awarded to Berkeley for the National Center

will not be available for payments on obligations after September 30,

1998. If the grants are extended for additional years, funds will be

available for payments on valid obligations for only five years after

the expiration of their period of availability. For example:

(a) FY 1994 funds [or appropriations] will not be available for

payment of obligations after September 30, 1999.

(b) FY 1995 funds [or appropriations] will not be available for

payment of obligations after September 30, 2000.

During the period of the extension of the National Center, the

Secretary will 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

[[Page 60754]]

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 an 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.

Waiver of Proposed Rulemaking

In accordance with the Administrative Procedures Act (5 U.S.C.

553), it is the practice of the Secretary to offer interested parties

the opportunity to comment on proposed regulations. However, the waiver

of 34 CFR 75.261(c)(2) and (3) is a procedural change only and does not

establish new substantive policy. Moreover, the waiver of 34 CFR

75.261(c)(2) and (3) is fully consistent with the Secretary's waiver of

34 CFR 75.250 and 413.4(a)--on which the Secretary sought public

comment on June 20, 1997 (62 FR 33726)--in that 75.261(c)(2) and (3)

provide for circumstances under which the Secretary may extend the

project period of an award. Therefore, proposed rulemaking is not

required under 5 U.S.C. 553(b)(A) and is unnecessary and contrary to

the public interest under 5 U.S.C. 553(b)(B).

Electronic Access to This Document

Anyone may view this document, as well as all other Department of

Education documents published in the Federal Register, in text or

portable document format (pdf) on the World Wide Web at either of the

following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the pdf you must have the Adobe Acrobat Reader Program with

Search, which is available free at either of the previous sites. If you

have questions about using the pdf, call the U.S. Government Printing

Office toll free at 1-888-293-6498.

Anyone may also view these documents in text copy only on an

electronic bulletin board of the Department. Telephone: (202) 219-1511

or, toll free, 1-800-222-4922. The documents are located under Option

G--Files/Announcements, Bulletins and Press Releases.

Note: The official version of this document is the document

published in the Federal Register.

(Catalog of Federal Domestic Assistance Number 84.051 National

Center for Research in Vocational Education)

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

Dated: October 4, 1997.

Christine D. Kulick,

Acting Assistant Secretary, Office of Vocational and Adult Education.

[FR Doc. 97-29611 Filed 11-10-97; 8:45 am]

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