[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18928-18934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07026]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Teacher and School Leader Incentive 
Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2020 for the Teacher and 
School Leader Incentive Program (TSL), Catalog of Federal Domestic 
Assistance (CFDA) number 84.374A. This notice relates to

[[Page 18929]]

the approved information collection under OMB control number 1894-0006.

DATES: Applications Available: April 3, 2020.
    Pre-Application Webinars: The Office of Elementary and Secondary 
Education intends to post pre-recorded informational webinars designed 
to provide technical assistance to interested applicants for TSL 
grants. These informational webinars will be available on the TSL web 
page shortly after this notice is published in the Federal Register at 
oese.ed.gov/offices/office-of-discretionary-grants-support-services/effective-educator-development-programs/teacher-and-school-leader-incentive-program/applicant-info-eligibility. A TSL Frequently Asked 
Questions document will also be published on the TSL program web page 
as soon as it is available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/effective-educator-development-programs/teacher-and-school-leader-incentive-program/.
    Deadline for Notice of Intent to Apply: May 4, 2020.
    Deadline for Transmittal of Applications: June 2, 2020.
    Deadline for Intergovernmental Review: August 3, 2020.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Patricia Searles, U.S. Department of 
Education, 400 Maryland Avenue SW., room 3C122, Washington, DC 20202-
5960. Telephone: (202) 205-3869. Email: [email protected] or 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of TSL is to assist States, Local 
Educational Agencies (LEAs), and nonprofit organizations to develop, 
implement, improve, or expand comprehensive Performance-Based 
Compensation Systems (PBCS) \1\ or Human Capital Management Systems 
(HCMS) for teachers, principals, and other School Leaders (especially 
for teachers, principals, and other School Leaders in High-Need Schools 
who raise student academic achievement and close the achievement gap 
between high- and low-performing students). In addition, a portion of 
TSL funds may be used to study the effectiveness, fairness, quality, 
consistency, and reliability of PBCS or HCMS for teachers, principals, 
and other School Leaders (educators).
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    \1\ Throughout this notice, all defined terms are denoted with 
capitals.
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    Background: TSL is authorized under section 2212 of the Elementary 
and Secondary Education Act of 1965, as amended by the Every Student 
Succeeds Act (ESEA).
    The FY 2020 TSL competition is designed to support entities in 
implementing, improving, or expanding their HCMS, which by definition 
must include a PBCS, or implementing, improving, or expanding only a 
PBCS and establishes an absolute priority consistent with this purpose. 
TSL is also intended to primarily serve educators in High-Need Schools 
who raise student academic achievement and close the achievement gap 
between high- and low-performing students, although the program may 
also fund services for educators serving in high-need subject areas 
(though not necessarily in High-Need Schools), as determined by the LEA 
or the State.
    In 2017, all 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico submitted ESEA Consolidated State Plans 
that describe their efforts to ensure equitable access to excellent 
educators. These State plans describe how the State would ensure that 
low-income and minority children in Title I, Part A schools are not 
taught by inexperienced, ineffective, or out-of-field teachers at 
higher rates than other children. In addition, many States and LEAs 
have worked to create and improve their comprehensive HCMS, and LEAs 
have invested in high-quality educator evaluation and support systems 
in order to improve recruitment efforts, provide educators with 
meaningful feedback and targeted professional development, and use 
information on educator performance to inform key school- and district-
level decisions. While an increasing number of LEAs are well equipped 
to make human capital decisions that both support educators and improve 
student outcomes, additional work is needed to ensure that these 
educator evaluation and support systems are fair, reliable, and 
credible; conducive to enhancing educator growth and advancement; 
likely to support improved student outcomes; and seamlessly integrated 
into school- and district-level human capital processes. Thus, through 
the two absolute priorities listed in this notice, the Department seeks 
to ensure that this competition supports States and LEAs in their 
efforts to implement goals and objectives in State plans as well as 
lessons learned from close to two decades of investment and research in 
HCMS and PBCS.
    In addition to the absolute priority reinforcing the need to serve 
educators primarily in High-Need Schools and areas, this notice 
includes a competitive preference priority for projects that would be 
carried out in areas that overlap with a Qualified Opportunity Zone 
(QOZ). Public Law (Pub. L.) 115-97, known as the Tax Cuts and Jobs Act, 
authorized the designation of QOZs to promote economic development and 
job creation in distressed communities through preferential tax 
treatment for investors. A list of QOZs is available at 
www.cdfifund.gov/Pages/Opportunity-Zones.aspx; applicants may also 
determine whether a particular area overlaps with a QOZ using the 
National Center of Education Statistics' map located at https://nces.ed.gov/programs/maped/LocaleLookup/. To receive competitive 
preference points under this priority, applicants must provide the 
Department with the census tract number of the QOZ they plan to serve 
and describe the services they will provide. For the purposes of this 
competition, applicants should consider the area where schools being 
served by TSL funds are located.
    In order to support different LEAs in developing and implementing 
comprehensive HCMS designed to ensure all students have equitable 
access to high-quality instruction, this notice also contains a 
competitive preference priority for new potential grantees. Under ESEA 
section 2212(b)(3), an LEA may only receive a TSL grant twice. In 
furtherance of this goal to limit the number of TSL grants an LEA may 
receive, the competitive preference priority encourages new potential 
grantees to apply for a TSL grant by awarding additional points for 
those applicants who either have never received a TSL or Teacher 
Incentive Fund (TIF) grant, or who have not had an active TSL or TIF 
grant in the past five years.
    Priorities: This notice contains two absolute priorities and two 
competitive preference priorities. In accordance with 34 CFR 
75.105(b)(2)(v), the two absolute priorities are from ESEA sections

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2212(e)(1) and (d)(1), respectively. In accordance with 34 CFR 
75.105(b)(2)(ii), Competitive Preference Priority 1 is from the notice 
of final priority published in the Federal Register on November 27, 
2019 (84 FR 65300) (Opportunity Zones NFP); and Competitive Preference 
Priority 2 is from the Secretary's Final Administrative Priorities for 
Discretionary Grant Programs published in the Federal Register on March 
9, 2020 (85 FR 13640) (Administrative Priorities).
    Absolute Priority: For FY 2020 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet both absolute 
priorities.
    These priorities are:
    Absolute Priority 1: Human Capital Management Systems (HCMS) or 
Performance Based Compensation Systems (PBCS).
    Under this priority, eligible applicants must propose a project to 
develop, implement, improve, or expand, in collaboration with teachers, 
principals, other School Leaders, and members of the public, a PBCS or 
HCMS.

    Note:  Under section 2212(c)(4) of the ESEA, applicants must 
describe how the eligible entity will develop and implement a fair, 
rigorous, valid, reliable, and objective process to evaluate 
educator performance under the system that is based in part on 
measures of student academic achievement, including the baseline 
performance against which evaluations of improved performance will 
be made. In responding to this priority, applicants are encouraged 
to describe how their project to develop, implement, improve, or 
expand a PBCS or HCMS will address this application requirement. In 
addition, applicants that propose to use grant funds, under ESEA 
section 2212(e)(2)(A), to develop or improve an evaluation and 
support system as part of an HCMS, in responding to this priority, 
should describe how such system (i) reflects clear and fair measures 
of educator performance, based in part on demonstrated improvement 
in student academic achievement; and (ii) provides educators with 
ongoing, differentiated, targeted, and personalized support and 
feedback for improvement, including professional development 
opportunities designed to increase effectiveness.

    Absolute Priority 2: High-Need Schools.
    Under this priority, eligible applicants must concentrate the 
activities proposed to be assisted under the grant on teachers, 
principals, or other School Leaders serving in High-Need Schools.\2\
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    \2\ For more information on the term ``high-need schools'' as 
used in this notice and, in particular, Absolute Priority 2, see the 
definition of ``high-need schools'' in the Definitions section of 
this notice.
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    Competitive Preference Priorities: For FY 2020 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award up to 10 points to 
an application, depending on how well the application meets Competitive 
Preference Priority 1; and we award an additional 5 points to an 
application that meets paragraph (a)(i), or an additional 2 points to 
an application that meets paragraph (a)(ii), of Competitive Preference 
Priority 2. An application may be awarded a maximum of 15 additional 
points under the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--Spurring Investment in Qualified 
Opportunity Zones (up to 10 points).
    Under this priority, an applicant must demonstrate that the area in 
which the applicant proposes to provide services overlaps with a 
Qualified Opportunity Zone, as designated by the Secretary of the 
Treasury under section 1400Z-1 of the Internal Revenue Code (IRC). An 
applicant must--
    (i) Provide the census tract number of the Qualified Opportunity 
Zone(s) in which it proposes to provide services; and
    (ii) Describe how the applicant will provide services in the 
Qualified Opportunity Zone(s).
    Competitive Preference Priority 2--Applications from New Potential 
Grantees (0, 2, or 5 points).
    (a) Under this priority, an applicant must demonstrate one of the 
following:
    (i) The applicant has never received a grant, including through 
membership in a group application submitted in accordance with 34 CFR 
75.127-75.129, under the program from which it seeks funds (0 or 5 
points); or
    (ii) The applicant has not had an active discretionary grant under 
the program from which it seeks funds, including through membership in 
a group application submitted in accordance with 34 CFR 75.127-75.129, 
in the five years before the deadline date for submission of 
applications under the program. (0 or 2 points)
    (b) For the purpose of this priority, a grant or contract is active 
until the end of the grant's or contract's project or funding period, 
including any extensions of those periods that extend the grantee's or 
contractor's authority to obligate funds.

    Note:  For purposes of this priority, ``the program'' includes 
both TIF and TSL programs because they are substantially the same.

    Application Requirements: For FY 2020 and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, the following application requirements from ESEA section 
2212(c) apply.
    Each eligible applicant desiring a grant under this program must 
submit an application that contains--
    (i) A description of the PBCS or HCMS that the eligible entity 
proposes to develop, implement, improve, or expand through the grant;
    (ii) A description of the most significant gaps or insufficiencies 
in student access to effective educators in High-Need Schools, 
including gaps or inequities in how effective educators are distributed 
across the LEA, as identified using factors such as data on school 
resources, staffing patterns, school environment, educator support 
systems, and other school-level factors;
    (iii) A description and evidence of the support and commitment from 
educators, which may include charter School Leaders, in the school 
(including organizations representing educators), the community, and 
the LEA to the activities proposed under the grant;
    (iv) A description of how the eligible entity will develop and 
implement a fair, rigorous, valid, reliable, and objective process to 
evaluate educator performance, under the system that is based in part 
on measures of student academic achievement, including the baseline 
performance against which evaluations of improved performance will be 
made;
    (v) A description of the LEAs or schools to be served under the 
grant, including student academic achievement, demographic, and 
socioeconomic information;
    (vi) A description of the effectiveness of educators in the LEA and 
the schools to be served under the grant and the extent to which the 
system will increase the effectiveness of educators in such schools;
    (vii) A description of how the eligible entity will use grant funds 
under this subpart in each year of the grant, including a timeline for 
implementation of such activities;
    (viii) A description of how the eligible entity will continue the 
activities assisted under the grant after the grant period ends;
    (ix) A description of the State, local, or other public or private 
funds that will be used to supplement the grant, including funds under 
Title II, part A of the ESEA, and sustain the activities

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assisted under the grant after the end of the grant period;
    (x) A description of the rationale for the project; how the 
proposed activities are Evidence-Based; and, if applicable, the prior 
experience of the eligible entity in developing and implementing such 
activities; and
    (xi) A description of how grant activities will be evaluated, 
monitored, and publicly reported.
    Definitions: The definitions of ``High-Need School,'' ``Human 
Capital Management System,'' and ``Performance-Based Compensation 
System'' are from section 2211 of the ESEA. The definitions of 
``Evidence-Based,'' and ``School Leader'' are from section 8101 of the 
ESEA. The definitions of ``Demonstrates a Rationale,'' ``Logic Model,'' 
``Project Component,'' and ``Relevant Outcome'' are from 34 CFR 77.1. 
These definitions apply to the FY 2020 grant competition and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition.
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Evidence-based, when used with respect to a State, LEA, or school 
activity, means an activity, strategy, or intervention that--
    (i) Demonstrates a rationale based on high-quality research 
findings or positive evaluation that such activity, strategy, or 
intervention is likely to improve student outcomes or other relevant 
outcomes; and
    (ii) Includes ongoing efforts to examine the effects of such 
activity, strategy, or intervention.
    High-Need School means a public elementary school or secondary 
school that is located in an area in which the percentage of students 
from families with incomes below the poverty line is 30 percent or 
more.
    For purposes of this competition, the term ``High-Need School'' is 
interpreted to mean a school with 50 percent or more of its enrollment 
from low-income families, based on eligibility for free or reduced 
price lunch subsidies under the Richard B. Russell National School 
Lunch Act, or other poverty measures that LEAs use consistent with ESEA 
section 1113(a)(5) (20 U.S.C. 6313(a)(5)).\3\
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    \3\ The definition of ``poverty line'' in ESEA section 8101(41) 
requires the Department to use poverty line data gathered by the 
U.S. Census Bureau. However, the Department has determined that the 
school-level poverty-line data required by the definition of ``high-
need school'' are unavailable; the U.S. Census Bureau reports these 
data only by LEA. As such, to ensure that awards made under this 
competition still focus on schools that are high-poverty, the 
Secretary interprets ``high-need school'' by using the same poverty 
measure applicable to the definition of a ``high-need school'' for 
the past three TIF competitions and the first TSL competition. In 
prior competitions, a ``high-need school'' is a school with 50 
percent or more of its enrollment from low-income families, based on 
eligibility for free or reduced price lunch subsidies under the 
Richard B. Russell National School Lunch Act, or other poverty 
measures that LEAs use consistent with ESEA section 1113(a)(5) (20 
U.S.C. 6313(a)(5)). Since the income of a family below the poverty 
line is much lower than the income a family needs to enable its 
children to be eligible for free or reduced-price lunch subsidies 
under the Richard B. Russell National School Lunch Act (the poverty 
measure used in all prior TIF and TSL competitions), we believe that 
use of the prior poverty measure to determine which schools are 
high-need is also a reasonable approach to implementing 
congressional intent for TSL.
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    Human Capital Management System (HCMS) means a system--
    (i) By which an LEA makes and implements human capital decisions, 
such as decisions on preparation, recruitment, hiring, placement, 
retention, dismissal, compensation, professional development, tenure, 
and promotion; and
    (ii) That includes a performance-based compensation system.
    Logic Model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    Performance-Based Compensation System (PBCS) means a system of 
compensation for teachers, principals, or other School Leaders--
    (i) That differentiates levels of compensation based in part on 
measurable increases in student academic achievement; and
    (ii) Which may include--
    (A) Differentiated levels of compensation, which may include bonus 
pay, on the basis of the employment responsibilities and success of 
effective teachers, principals, or other School Leaders in hard-to-
staff schools or high-need subject areas; and
    (B) Recognition of the skills and knowledge of teachers, 
principals, or other School Leaders as demonstrated through--
    (I) Successful fulfillment of additional responsibilities or job 
functions, such as teacher leadership roles; and
    (II) Evidence of professional achievement and mastery of content 
knowledge and superior teaching and leadership skills.
    Project Component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Relevant Outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    School Leader means a principal, assistant principal, or other 
individual who is--
    (i) An employee or officer of an elementary school or secondary 
school, LEA, or other entity operating an elementary school or 
secondary school; and
    (ii) Responsible for the daily instructional leadership and 
managerial operations in the elementary school or secondary school 
building.
    Program Authority: Sections 2211-2213 of the ESEA.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Non-procurement) 
in 2 CFR part 180, as adopted and amended as regulations of the 
Department in 2 CFR part 3485. (c) The Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards in 2 CFR part 200, as adopted and amended as regulations of the 
Department in 2 CFR part 3474. (d) The Opportunity Zones NFP. (e) The 
Administrative Priorities.

    Note:  The regulations in 34 CFR part 86 apply to IHEs only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $65,794,850 for new awards.
    Estimated Range of Awards: $500,000 to $10 million.

    Note:  The Department estimates a wide range of awards, given 
the potentially large differences in the scope of funded projects, 
including the size and number of participating LEAs.

    Estimated Average Size of Awards: $6,579,485.
    Estimated Number of Awards: 8-10.

    Note:  The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.

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III. Eligibility Information

    1. Eligible Applicants:
    (a) An LEA, including a charter school that is an LEA, or a 
consortium of LEAs; \4\
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    \4\ Consistent with ESEA section 2212(b)(3), an LEA may receive 
a TSL grant (whether individually or as part of an eligible 
consortium or partnership) only twice.
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    (b) A State educational agency (SEA) or other State agency 
designated by the Chief Executive of a State to participate;
    (c) The Bureau of Indian Education; or
    (d) A partnership \5\ consisting of--
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    \5\ See Id.
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    (i) One or more agencies described in paragraph (a), (b), or (c); 
and
    (ii) At least one nonprofit organization as defined in 2 CFR 200.70 
or at least one for-profit entity.


    Note:  The Secretary considers all schools funded by the 
Department of Interior's Bureau of Indian Education to be LEAs.

    Applicants that are nonprofit organizations, under 34 
CFR[thinsp]75.51, may demonstrate their nonprofit status by providing: 
(1) Proof that the Internal Revenue Service currently recognizes the 
applicant as an organization to which contributions are tax deductible 
under section 501(c)(3) of the Internal Revenue Code; (2) a statement 
from a State taxing body or the State attorney general certifying that 
the organization is a nonprofit organization operating within the State 
and that no part of its net earnings may lawfully benefit any private 
shareholder or individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; or (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate.
    2. a. Cost Sharing or Matching:
    Under section 2212(f) of the ESEA, each grant recipient must 
provide from non-Federal sources an amount equal to 50 percent of the 
amount of the grant (which may be provided in cash or in kind), to 
carry out the activities supported by the grant. Applicants and 
grantees should budget relative to each annual award of TSL grant 
funds. Applicants are strongly encouraged to take this requirement into 
account when requesting Federal funds and limit their requests 
appropriately. Applicants should verify that their budgets reflect both 
the requested Federal award amount and the matching contribution with 
appropriate cost allocations. The Secretary does not, as a matter of 
policy, anticipate waiving these requirements, given the importance of 
matching funds to the long-term success of the project.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. In accordance with section 2212(g) of 
the ESEA, funds made available under this program must be used to 
supplement, and not supplant, other Federal or State funds that would 
otherwise be expended to carry out activities under this program. The 
Secretary considers all schools funded by the Department of Interior's 
Bureau of Indian Education to be LEAs, and the funds that these schools 
receive from the Department of Interior's annual appropriation to be 
neither Federal nor State funds. Further, the prohibition against 
supplanting also means that grantees seeking to charge indirect costs 
to TSL funds will need to use their negotiated restricted indirect cost 
rates. See 34 CFR 75.563 for more information.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c), a grantee under 
this competition may award subgrants to directly carry out project 
activities described in its application to the following types of 
entities: LEAs, SEAs, nonprofit organizations, or for-profit 
organizations. The grantee may award subgrants to entities it has 
identified in an approved application.
    4. Renewal: Under section 2212(b)(2) of the ESEA, the Secretary may 
renew a grant awarded under this section for up to two additional years 
if the grantee demonstrates to the Secretary that the grantee is 
effectively using funds. Such renewal may include allowing the grantee 
to scale up or replicate the successful program.


    Note:  During the third year of the project period for grants 
awarded under this competition, if the Department exercises the 
option to offer an opportunity for renewals, the Department will 
provide grantees with information on the renewal process. This 
additional funding is intended not only to support continuation of 
approved project activities, but also to encourage scaling, 
replication, and sustainability efforts and strategies. In deciding 
whether to award a two-year renewal award, we intend to review 
performance data submitted in regularly required reporting, as well 
as potentially request narrative information to be assessed using 
selection criteria from 34 CFR 75.210.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applications to the Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contains requirements and information on how to submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for TSL, an application 
may include business information that the applicant considers 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom Act (5 U.S.C. 552, as amended). Because we 
plan to make successful applications available to the public, you may 
wish to request confidentiality of business information. Consistent 
with Executive Order 12600, please designate in your application any 
information that you believe is exempt from disclosure under Exemption 
4. In the appropriate Appendix section of your application, under 
``Other Attachments Form,'' please list the page number or numbers on 
which we can find this information. For additional information please 
see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 40 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Calibri, or Arial.

[[Page 18933]]

    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants who intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of the applicant's intent to 
submit an application. To do so, please email [email protected] with the 
subject line ``Intent to Apply,'' and include the applicant's name and 
contact person's name and email address by May 4, 2020. Applicants that 
do not submit a notice of intent to apply may still apply for funding; 
applicants that do submit a notice of intent to apply are not bound to 
apply or bound by the information provided.

V. Application Review Information

    1. Selection Criteria: The following selection criteria for this 
competition are from 34 CFR 75.210. The maximum score for all of the 
selection criteria is 100 points. The maximum score for each criterion 
is included in parentheses following its title.
    (a) Need for Project (25 points)
    The Secretary considers the need for the proposed project. In 
determining evidence of the need for the proposed project, the 
Secretary considers the following factors:
    (i) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (ii) The extent to which the proposed project will integrate with 
or build on similar or related efforts to improve Relevant Outcomes (as 
defined in 34 CFR 77.1(c)) using existing funding streams from other 
programs or policies supported by community, State, and Federal 
resources.
    (iii) The extent to which the proposed project is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (iv) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (b) Quality of the Project Design (30 points)
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the proposed project Demonstrates a 
Rationale (as defined in 34 CFR 77.1(c)).
    (ii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress towards 
achieving intended outcomes.
    (c) Quality of the Management Plan (20 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the adequacy of the 
management plan to achieve the objectives of the proposed project on 
time and within budget, including clearly defined responsibilities, 
timelines, and milestones for accomplishing project tasks.
    (d) Adequacy of Resources (25 points)
    The Secretary considers the adequacy of resources for the proposed 
project. In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The likelihood that the proposed project will result in system 
change or improvement.
    (ii) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand serves that address the 
needs of the target population.
    (iii) The extent to which the applicant demonstrates that it has 
the resources to operate the project beyond the length of the grant, 
including a multi-year financial and operating model, and accompanying 
plan; the demonstrated commitment of any partners; evidence of broad 
support from stakeholders (e.g., SEAs, teachers unions) critical to the 
project's long-term success; or more than one of these types of 
evidence.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.

[[Page 18934]]

    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.


    Note:  In addition, under 34 CFR 75.591, all TSL grantees must 
cooperate in any evaluation of the program conducted by the 
Department.


    5. Performance Measures: The goal of TSL is to support educators, 
particularly those in High-Need Schools, to raise student academic 
achievement and close the achievement gap between high- and low-
performing students. We have established performance measures for this 
program: (a) The percentage of educators in all schools who earned 
performance-based compensation; (b) the percentage of educators in all 
High-Need Schools who earned performance-based compensation; (c) the 
gap between the retention rate of educators receiving performance-based 
compensation and the average retention rate of educators in each High-
Need Schools whose educators participate in the project; (d) the number 
of school districts participating in a TSL grant that use educator 
evaluation and support systems to inform the following human capital 
decisions: recruitment; hiring; placement; retention; dismissal; 
professional development; tenure; promotion; or all of the above; (e) 
the number of High-Need Schools within districts participating in a TSL 
grant that use educator evaluation and support systems to inform the 
following human capital decisions: recruitment; hiring; placement; 
retention; dismissal; professional development; tenure; promotion; or 
all of the above; (f) the percentage of performance-based compensation 
paid to educators with State, local, or other non-TIF Federal 
resources; (g) the percentage of teachers and principals who receive 
the highest effectiveness rating; and (8) the percentage of teachers 
and principals in High-Need Schools who receive the highest 
effectiveness rating.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2020-07026 Filed 4-2-20; 8:45 am]
BILLING CODE 4000-01-P