[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3403]


[[Page Unknown]]

[Federal Register: February 15, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 254

 

Teacher and Teacher's Aide Placement Assistance Program

AGENCY: Department of Defense.

ACTION: Interim final rule.

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SUMMARY: This program provides stipends to Service members and eligible 
individuals losing Defense jobs and provides grants to local 
educational agencies who hire separated military members, terminated 
Department of Defense and Department of Energy employees, and displaced 
defense contractor scientists and engineers as teachers and teacher 
aides. The intent of this program is to relieve shortages of elementary 
and secondary school teachers and teacher's aides through placement of 
qualified separating military, terminated Department of Defense and 
Department of Energy employees, and displaced contractor employees in 
schools that serve a concentration of children from low-income 
families.

EFFECTIVE DATE: February 22, 1994.

DATES: Comments: Comments must be received by April 18, 1994.

ADDRESSES: Forward comments to Department of Defense, Office of the 
Assistant Secretary of Defense (Personnel and Readiness) (PSF&E) 
(DoDEA), The Pentagon, room 3E784, Washington, DC 20301-4000.
FOR FURTHER INFORMATION CONTACT:
Mr. Otto Thomas (703) 696-4384.

SUPPLEMENTARY INFORMATION: 

Background

    This program allows local educational agencies that serve a 
concentration of children from low-income families to receive a salary 
subsidy from the Department of Defense for up to five years to offset a 
portion of the basic salary of a teacher or teacher's aide hired under 
this program. Local educational agencies that qualify for this program 
may inform the Defense Activity for Non-Traditional Support (DANTES) of 
their interest to participate and can advertise an opening on the DoD 
Transition Bulletin Board and receive a listing of interested personnel 
from an automated listing called the DoD Public and Community Service 
Registry.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that this interim final rule, in conformance 
with Executive Order 12866, does not:
    Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    Materially alter the budgetary impact of entitlements, grants, user 
fees or, loan programs or the rights and obligations of recipients 
thereof; or 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 interim final rule is necessary to initiate the program and 
benefit as many personnel as otherwise eligible. This program is time-
sensitive and is authorized upon publication in the Federal Register 
until October 1, 1997. Comments will be considered in determining 
whether to amend this interim final rule.

Public Law 96-354, ``Regulatory Flexibility Act''

    This 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 business. 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 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, title 32, chapter I, subchapter M, is amended to add 
part 254 to read as follows:

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

Sec.
254.1  Purpose.
254.2  Definitions.
254.3  Responsibilities.
254.4  Procedures.

    Authority: Pub. L. 102-484, sections 4441, 4442, and 4443 (10 
U.S.C. 1151, 1598, 2410c).


Sec. 254.1  Purpose.

    It is Department of Defense policy to establish programs to assist 
personnel affected by the downsizing of the Department of Defense and 
to contribute to efforts to relieve shortages of elementary and 
secondary school teachers and teacher's aids.


Sec. 254.2  Definitions.

    (a) Alternative certification. State or local teacher certification 
or licensure requirements that permit a demonstrated competence in 
appropriate subject areas gained in careers outside of education to be 
substituted for traditional teacher training course work.
    (b) Eligible defense contractors or subcontractors. Those defense 
contractors or subcontractors that have applied and been selected using 
criteria established in ``National Defense Authorization Act for Fiscal 
Year 1993,'' Public Law 102-484, 106 stat. 2725 and meet the following 
criteria:
    (1) Produce goods or services for the Department of Defense 
pursuant to a defense contract or operate nuclear weapons manufacturing 
facilities for the Department of Energy; and
    (2) Have recently reduced operations, or are likely to reduce 
operations, due to the completion or termination of a defense contract 
or program or by reductions in defense spending.
    (3) The Defense Activity for Non-Traditional Support (DANTES) shall 
give special consideration to defense contractors who are located in 
areas that have been impacted particularly hard by reductions in 
defense spending.
    (c) Eligible local educational agency. A local school jurisdiction 
that normally hires teachers, is located in a state offering an 
alternative program for teacher certification, is receiving money under 
chapter 1 of title I, ``Elementary and Secondary Education Act of 
1965'' (20 U.S.C. 2701 et seq.) as a result of having within its 
jurisdiction a concentration of children from low income families, has 
been identified by its state as experiencing a shortage of qualified 
teachers. Priority for grants under this program will be given to those 
local education agencies which receive concentration grant funds under 
chapter 1 of title I, or are eligible to receive such funding. The 
local school shall be willing to enter into an agreement with the 
Department of Defense to employ a certified program participant for not 
less than five consecutive years in a school within its jurisdiction 
having a concentration of children from low income families.
    (d) Eligible personnel. Service members, civilian employees of the 
Department of Defense and the Department of Energy, and defense 
contractor employees who during the time period beginning with the 
effective date of DoD guidance and ending October 1, 1997, 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, are 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 aide for not less than five school years in 
a school which serves a concentration of low-income families.
    (1) Eligible Service members. Members of the armed forces who are 
discharged or released from active duty, and apply not later than one 
year after the date of discharge or release from active duty, have 
served on active duty for at least six continuous years immediately 
before discharge, and are honorably discharged or released from active 
duty. Service members who are not educationally qualified at the time 
of discharge will have up to five years to meet educational 
qualifications and may apply for participation within one year after 
the date of becoming educationally qualified. A member discharged or 
released from Service under other than honorable conditions shall not 
be eligible to participate in this program. A member who is entitled to 
benefits under 10 U.S.C. 1174a (Special Separation Benefits) or 10 
U.S.C. 1175 (Voluntary Separation Incentive) or is given early 
retirement under ``National Defense Authorization Act for Fiscal Year 
1993,'' section 4403, Public Law 102-484, 106 stat. 2702 shall not be 
paid a stipend.
    (2) Eligible employees. Civilian employees of the Department of 
Defense or the Department of Energy who apply after receipt of a notice 
of termination but not later than 60 days following termination, and 
who are terminated from government employment as a result of reductions 
in defense spending or the closure or realignment of a military 
installation as determined by the Secretary of Defense or the Secretary 
of Energy, as the case may be. A stipend will not be paid to any 
civilian employee selected to participate in the placement program who 
voluntarily retires from the Federal Government, having met either 
early or optional retirement criteria, after receiving separation pay 
under 5 U.S.C. 5597.
    (3) Eligible contractor employees. Scientists or engineers whose 
employment is terminated (or who have received notice of termination) 
as a result of the completion or termination of a defense contract or 
program or reductions in defense spending. The individuals must have 
been employed for not less than five years as a scientist or engineer 
with a private defense contractor that has entered into a cooperative 
agreement with Department of Defense to help support the program 
including payment of 50 percent of the stipend provided to the 
contractor employee selected for assistance.
    (e) Grant. Funding to be provided to a local education agency to 
offset the basic salary of a program participant during five 
consecutive years of employment. Assuming employment begins at the 
beginning of a school year, a grant shall be paid in five installments 
in accordance with the following schedule:

First Year--50 percent of basic salary not to exceed $25,000
Second Year--40 percent of basic salary not to exceed $10,000
Third Year--30 percent of basic salary not to exceed $7,500
Fourth Year--20 percent of basic salary not to exceed $5,000
Fifth Year--10 percent of basic salary not to exceed $2,500

    (1) Installments shall be payable after the end of each school year 
within 30 days after the local education agency certifies to the 
Department of Defense the basic salary paid to the employee during the 
past school year is consistent with the written agreement between the 
local educational agency and the Department of Defense.
    (2) If employment begins other than at the beginning of a school 
year, the grant shall be payable in up to six installments. The grant 
payments shall be based on the total teacher pay days equivalent to a 
full school year. Payments will be made so that reimbursement does not 
exceed the percentage and dollar amounts for any one equivalent full 
school year.
    (f) Stipend. The lesser of $5,000 or the total costs of the type 
described in ``Higher Education Act of 1965,'' section 472 (20 U.S.C. 
1087ll), incurred by a selected program participant while obtaining 
certification.


Sec. 254.3  Responsibilities.

    (a) The Assistant Secretary of Defense (Personnel and Readiness) 
shall:
    (1) Monitor compliance with this part and the responsibilities of 
the Secretary of Defense as authorized by ``National Defense 
Authorization Act for Fiscal Year 1993,'' sections 4441, 4442, 4443, 
Public Law 102-484 (10 U.S.C. 1151, 1598, 2410c).
    (2) The Director of Education, as the representative for the 
ASD(P&R), shall:
    (i) Identify program needs and provide program direction.
    (ii) Provide liaison and coordination with educational agencies, 
and school officials.
    (iii) Oversee the funding of this program and ensure compliance 
with this memorandum.
    (iv) Conduct a survey of States to identify those States that have 
alternative certification or licensure requirements for teachers, 
including those States that grant credit for service in the armed 
forces towards satisfying certification or licensure requirements for 
teachers.
    (b) The Secretaries of the Military Departments shall:
    (1) Ensure that separating Service members are informed about the 
subject program during preseparation counseling provided by Transition 
Assistance Offices.
    (2) Ensure that installation Education Centers can, upon request, 
provide information and counseling on teacher training and 
certification, including alternative certification requirements.
    (3) Ensure that separating employees are informed about this 
program during preseparation counseling by installation and activity 
Civilian Personnel Officers.
    (4) Ensure that personnel management offices inform noncommissioned 
officers who will reach ten years of service during the current fiscal 
year (until September 30, 1997), who have the potential to perform as 
elementary or secondary school teachers, but who do not satisfy the 
minimum educational requirements to qualify for the program of the 
opportunity to obtain those qualifications within five years after 
discharge or release from active duty and apply for placement 
assistance within one year thereafter.
    (c) The Secretary of the Navy shall, as executive agent for the 
Defense Activity for Non-Traditional Education Support (DANTES), ensure 
DANTES is provided assistance and support in meeting its 
responsibilities in support of this program.


Sec. 254.4  Procedures.

    (a) The Secretary of the Navy, as executive agent for DANTES, shall 
ensure DANTES executes the program, by:
    (1) Issuing procedural guidance implementing this part, as 
necessary.
    (2) Preparing and distributing information, forms and publications.
    (3) Selecting participants based upon criteria established by 
``National Defense Authorization Act for Fiscal Year 1993,'' Public Law 
102-484, 106 stat. 2725, as amended by ``National Defense Authorization 
Act for Fiscal Year 1994,'' section 1331, Public Law 103-160, 107 stat. 
1791 and those stated in paragraph (e) of this section.
    (4) Receiving and evaluating applications for stipends and making 
awards based on criteria consistent with ``National Defense 
Authorization Act for Fiscal Year 1993,'' sections 4441, 4442, and 
4443, Public Law 102-484, 106 stat. 2725 as amended by ``National 
Defense Authorization Act for Fiscal Year 1994,'' section 1331, Public 
Law 103-160, 107 stat. 1791 and ``Higher Education Act of 1965,'' 
section 472, (20 U.S.C. 1087ll).
    (5) Receiving and evaluating applications for grants and making 
awards, based on criteria consistent with reference to ``National 
Defense Authorization Act for Fiscal Year 1993,'' Public Law 102-484, 
106 stat. 2725 as amended by ``National Defense Authorization Act for 
Fiscal Year 1994, section 1331, Public Law 103-160, 106 stat. 2725, and 
title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 
et seq.) to eligible local educational agencies that agree to employ 
program participants pursuant to this part.
    (6) As necessary and authorized, entering into agreements with 
other governmental and non-governmental entities, stipend awardees, and 
local educational agencies eligible to participate in the program.
    (7) Establishing and maintaining a file on each applicant and 
tracking actions taken with regard to each applicant.
    (8) Establishing and maintaining a file on each local educational 
agency or private defense contractor who seeks to enter into an 
agreement with the Department of Defense in connection with this 
program.
    (9) Collecting debts owed the Department of Defense resulting from 
failure to comply with agreements made regarding the use of stipends 
given to program participants or grants made to local educational 
agencies.
    (i) DANTES shall collect from local educational agencies an amount 
that bears the same ratio to the total amount already paid under the 
agreement as the unserved portion of required service bears to the five 
years of required service for participants that leave the employment of 
the local educational agency before the end of the five years of 
required service.
    (ii) DANTES shall collect from personnel participating in this 
program, if the participant in the placement program fails to obtain 
teacher certification or licensure or employment as an elementary or 
secondary school teacher or as a teacher's aide or is terminated for 
cause, during the five years of required service. The participant shall 
be required to reimburse the Secretary of Defense for any stipend paid 
to the participant in the same ratio to the amount of the stipend as 
the unserved portion of required service bears to the five years of 
required service, except as provided in paragraph (f) of this section.
    (10) Maintaining data on this program and provide reports to the 
Assistant Secretary of Defense (Personnel and Readiness) through the 
Navy, as executive agent, quarterly.
    (b) Information about the program and those States that have 
alternative certification or licensure requirements for teachers shall 
be provided to members and employees as part of preseparation 
counseling.
    (c) Eligible Service members shall apply, under procedures 
established by DANTES and published in the Federal Register, for 
participation in the program within one year after they are separated. 
Service members may make preliminary application to the program by 
registering in the Public Community Service (PACS) Registry and 
expressing an interest in pursuing employment as an elementary or 
secondary school teacher or teacher's aide.
    (d) Eligible Department of Defense or Department of Energy civilian 
employees shall apply under procedures established by DANTES and 
published in the Federal Register, after they have received notice of 
termination but not later than 60 days following 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.
    (e) Applications will be screened upon receipt and grouped for 
either immediate evaluation or deferred evaluation. Those applications 
screened for immediate evaluation will be evaluated as soon as possible 
after receipt to determine if selection is justified. If so, applicants 
will be notified that they have been selected to become participants in 
the program. An application initially marked for deferred evaluation 
will be reviewed at the end of each calendar month to determine if it 
should be accepted for immediate evaluation, further deferred pending 
receipt of additional information, or rejected. Criteria to be used in 
selecting participants shall include the following:
    (1) Is the applicant willing to work as a teacher or teacher's aide 
in an elementary or secondary school which serves a concentration of 
children from low income families?
    (2) Does the applicant have educational or military experience in 
science, mathematics or engineering and agree to seek employment 
teaching science, mathematics or engineering?
    (3) Is the applicant particularly likely to serve as a positive 
role model in the kinds of schools that are eligible to participate in 
this program?
    (4) Does the applicant have educational or military experience in 
English, history, geography, foreign language, the arts or special 
education and agree to seek employment teaching these subjects or 
working with special education students?
    (f) Selected participants, if eligible, may be provided a stipend 
to offset costs of the type described in Higher Education Act of 1965, 
section 472 (20 U.S.C. 1087ll) which are incurred by the participant 
while obtaining alternative certification or licensure to teach or 
necessary credentials to serve as a teacher's aide. A stipend will not 
be paid to any Service member who is entitled to the Special Separation 
Benefit (SSB) under 10 U.S.C. 1174a, or the Voluntary Separation 
Incentive (VSI) under 10 U.S.C. 1175, or who is given early retirement 
under ``National Defense Authorization Act for Fiscal Year 1993,'' 
section 4403, Public Law 102-484, 106 stat. 2702.
    (1) A stipend will not be paid to any civilian employee selected to 
participate in the placement program who receives separation pay under 
5 U.S.C. 5597.
    (2) If a participant fails to obtain certification or employment as 
a teacher or teacher's aide, or voluntarily leaves or is terminated for 
cause from employment during the five years of required service, the 
participant shall reimburse the Department of Defense for any stipend 
paid in an amount that is a prorated share based on the unserved 
portion of required service as provided in this paragraph. A 
participant may be excused from the reimbursement requirement under 
certain circumstances provided for in ``National Defense Authorization 
Act for Fiscal Year 1993, Public Law 102-484, 106 stat. 2702. A 
participant shall be excused from the reimbursement requirement under 
the following circumstances. The participant:
    (i) Is pursuing a full-time course of study related to the field of 
teaching at an eligible institution;
    (ii) Is serving on active duty as a member of the armed forces;
    (iii) Is temporarily totally disabled for a period of time not to 
exceed three years as established by sworn affidavit of a qualified 
physician;
    (iv) Is unable to secure employment for a period not to exceed 12 
months by reason of the care required by a spouse who is disabled; or
    (v) Is seeking and unable to find full-time employment as a teacher 
or teacher's aide in an elementary or secondary school for a single 
period not to exceed 27 months.
    (g) Participants will seek employment as elementary or secondary 
school teachers or teacher's aides in eligible local educational 
agencies identified by the Department of Defense.
    (h) The Department of Defense through it's executive agent, DANTES, 
will offer to enter into an agreement with the first eligible local 
educational agency that employs the participant as a full-time 
elementary or secondary school teacher or teacher's aide after the 
participant obtains necessary credentials. Under such agreements, 
DANTES will provide a grant to local educational agencies that agree to 
hire program participants for not fewer than five consecutive school 
years in a school of the local educational agency serving a 
concentration of children from low-income families. If employment is 
terminated by either the participant or the local educational agency 
before the end of the five years of required service, the grant will be 
adjusted as described in this part and any excess paid will be 
reimbursed to the government under guidance prescribed by DANTES.
    (i) Participants may not be accepted to receive stipends nor 
agreements made with local educational agencies to provide grants 
unless sufficient appropriations are available to support the 
obligations which may be incurred.

    Dated: February 9, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-3403 Filed 2-14-94; 8:45 am]
BILLING CODE 5000-04-M