[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23343-23349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08848]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Access to Well-Rounded 
Courses Demonstration Grants

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 Expanding 
Access to Well-Rounded Courses Demonstration Grants program, Catalog of 
Federal Domestic Assistance (CFDA) number 84.424D. This notice relates 
to the approved information collection under OMB control number 1894-
0006.

DATES: Applications Available: April 27, 2020.
    Deadline for Transmittal of Applications: June 26, 2020.
    Deadline for Intergovernmental Review: August 25, 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/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Elyse Robertson, U.S. Department of 
Education, 400 Maryland Avenue SW,

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Room 3E337, Washington, DC 20202-6450. Telephone: (202)260-0931. Email: 
[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.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Expanding Access to Well-Rounded Courses 
Demonstration Grants program provides competitive grants to State 
educational agencies (SEAs) to demonstrate models for providing well-
rounded educational opportunities through course-access programs (as 
defined in this notice).
    Background: This program is being established with funds from the 
two percent reservation for technical assistance and capacity building 
under section 4103(a)(3) of the Elementary and Secondary Education Act 
of 1965, as amended by the Every Student Succeeds Act (ESEA), which is 
intended to support SEAs and local educational agencies (LEAs) in 
carrying out activities authorized under the Student Support and 
Academic Enrichment Grants program in title IV, part A of the ESEA. 
Specifically, this program is intended to help build the capacity of 
SEAs and LEAs to provide well-rounded educational opportunities, 
consistent with section 4107 of the ESEA, by demonstrating models for 
delivering such opportunities through programs that make courses 
broadly available to students, which could include specialized 
coursework, courses that are more rigorous than the regular curricula 
(e.g., Advanced Placement or International Baccalaureate courses), 
career and technical education, remedial or credit recovery courses, or 
elective courses (e.g., arts, world languages, or consumer sciences).
    There is considerable evidence that students across the country 
lack access to a variety of course offerings, articularly those related 
to the arts, science, echnology, engineering, and mathematics, 
including Computer science; \1\ career and technical education; and 
advanced level coursework. For example, based on analysis of Civil 
Rights Data Collection (CRDC) data from school year (SY) 2015-16 data, 
ExcelinED reported ``that across the country, nearly 1.4 million 
students attend public high schools that do not offer Algebra I or the 
subsequent progression of math courses expected by many colleges and 
universities for enrollment'' and ``according to the self-reported data 
in the CRDC, not a single state offers Algebra I or Biology in all high 
schools.'' \2\ Furthermore, CRDC data from SY 2013-14 reported that 
only around 2.5 million public school students were enrolled in at 
least one advanced placement course.\3\ Even when a student has access 
to advanced coursework, a school may lack an arts course or an 
enrichment activity that best aligns with the individual student's 
needs and interests.
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    \1\ Lifelong access to high-quality STEM education is part of 
the vision of the Five Year Federal STEM Strategic Plan. Read more 
here: The White House, National Science and Technology Council, 
``Charting A Course For Success: America's Strategy For STEM 
Education,'' www.whitehouse.gov/wp-content/uploads/2018/12/STEM-Education-Strategic-Plan-2018.pdf (December 2018).
    \2\ www.excelined.org/wp-content/uploads/2018/10/ExcelinEd.Report.CollegeCareerPathways.CRDCAnalysis.2018.pdf.
    \3\ https://ocrdata.ed.gov/StateNationalEstimations/Estimations_2013_14.
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    The National Center for Education Statistics, in The Condition of 
Education 2019, found that in SY 2016-17, ``the adjusted cohort 
graduation rate (ACGR) for high school students was 85 percent, the 
highest it has been since the rate was first measured in 2010-11.'' \4\ 
Even though high school graduation rates are increasing, there is 
debate as to whether students are graduating with the necessary skills 
and knowledge to be college and career ready. Well-rounded education 
has been found to benefit students' college and career readiness. 
According to the College and Career Readiness and Success Center at the 
American Institutes for Research, ``ESSA positions a well-rounded 
education as a primary policy lever to support states' efforts to 
fulfill the promise and need for more students who are ready for both 
college and career by calling on districts and schools to integrate 
goals and initiatives related to college and career readiness into 
curricula, improved conditions for learning, and other educational 
experiences that may constitute a well-rounded education.'' \5\
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    \4\ https://nces.ed.gov/pubs2019/2019144.pdf.
    \5\ https://ccrscenter.org/sites/default/files/AskCCRS_Well-Rounded_Education.pdf.
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    To promote access to well-rounded courses, including through a 
system supported by a grant under this program, States can leverage a 
combination of Federal, State, and local funds. States can include 
funds that support direct student services under section 1003A of the 
ESEA to support services under this program, as well as funds reserved 
for State-level activities under title IV, part A of the ESEA (ESEA 
section 4104(a)(3)). ESEA section 1003A permits a State to reserve 
funds to make awards to LEAs to support specific direct student 
services, including credit recovery and academic acceleration courses 
that lead to a regular high school diploma. Section 1003A requires that 
an LEA receiving section 1003A funds prioritize certain students in 
certain schools in paying for direct student services. For more 
information on requirements for using those funds, see section 1003A of 
the ESEA.
    Districts can also leverage Federal, State, and local funds to 
support well-rounded education. The Department recently published a 
report about how States and districts are using their title IV, part A 
Student Support and Academic Enrichment Grants.\6\ Career and technical 
education (CTE), multidisciplinary programs, American history, civics, 
economics, geography, government, and foreign languages were among less 
frequently reported district uses of funds. A program offered through 
this course access demonstration grant may increase student access to 
broad range of courses, including those not otherwise emphasized using 
district title IV, part A funds.
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    \6\ U.S. Department of Education, Office of Planning, Evaluation 
and Policy Development, Student Support and Academic Enrichment 
Grants: A First Look at Activities Supported Under Title IV, Part A, 
Washington, DC, 2020. https://www2.ed.gov/rschstat/eval/esea/title-iv-first-look-2020.pdf. Accessed March 10, 2020.
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    Priority: This notice contains one absolute priority. We are 
establishing this priority for the FY 2020 grant competition and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition, in accordance with section 
437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 
1232(d)(1).
    Absolute Priority: This priority is an absolute priority.
    Under 34 CFR 75.105(c)(3) we consider only applications that meet 
this priority.
    This priority is:
    Expanding Access to Well-Rounded Courses.
    Under this priority, the Department considers only applicants that 
propose to (a) develop or expand, (b) implement, and (c) widely 
disseminate information on course-access programs (as defined in this 
notice) to other State or local education leaders and researchers. To 
meet this absolute priority, an SEA must describe how its course-access 
program as a whole would make a broad range of courses widely available 
for all students in the State, though a particular course need not be 
available to every student in the State (i.e., in the case of an in-
person course available in

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a particular location). The SEA must also specifically describe how, in 
addition to serving all students, its proposed program would meet the 
needs of rural students, disadvantaged students, or students with 
disabilities, and contribute to preparing students to be college and 
career ready.
    Requirements: We are establishing these requirements for the FY 
2020 grant competition and any subsequent year in which we make awards 
from the list of unfunded applications from this competition, in 
accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1).
    Application Requirements: An SEA must include the following in its 
application:
    (1) A description of the SEA's approach to developing or expanding, 
and implementing, a course-access program using this grant. An SEA 
must--
    (a) Describe its approach to developing or expanding, and 
implementing, a course-access program using this grant, including the 
types of courses it proposes to offer. The applicant should describe 
how the SEA will determine which courses to offer and how it will 
ensure the courses it offers are high-quality and contribute to 
preparing students for college and career. The description must include 
the learning formats of the courses (e.g., distance learning, online 
courses, in-person courses), and the resulting course-access program 
must include more than one learning format among the course offerings, 
but a specific course need not be available in multiple formats. The 
description must also address how, in addition to meeting the needs of 
all students, the courses it proposes to offer to meet the needs of 
rural students, disadvantaged students, or students with disabilities;
    (b) Describe how its approach will complement, rather than 
duplicate, existing efforts to provide students with access to courses 
that contribute to a well-rounded education, how project funds will 
supplement, and not supplant, non-Federal funds that would otherwise be 
available for activities funded under this program, and how the project 
will integrate existing funding streams from other programs, such as 
but not limited to the Student Support and Academic Enrichment program 
authorized by title IV, part A of the ESEA, to support the project;
    (c) Describe how its approach will ensure that any student in the 
State has the opportunity to request access to courses and how the SEA 
will determine which students to serve if it receives more requests for 
services than available funds can support (e.g., a lottery system, 
priority for students with the greatest need, first-come first-served, 
or other criteria that are fair and publicly available); and
    (d) Describe how it will engage a broad range of stakeholders, 
which may include school administrators, teachers, and families from 
geographically and economically diverse school districts, to support 
the development and the continuous improvement of the course-access 
program.
    (2) A plan for promoting awareness of and participation in the 
SEA's course-access program using this grant.
    An SEA must describe how it will provide outreach to students, 
parents (as defined in this notice), and educators on the availability 
of courses in its course-access program and how students, or parents on 
behalf of students, will select and be enrolled in those courses. The 
plan should specifically address how the SEA will provide outreach to 
all students, including rural students, disadvantaged students, or 
students with disabilities, or students that have been traditionally 
underrepresented in the courses the applicant is proposing to offer. 
This plan must include an approach to receiving requests from parents 
to add course offerings not included in the SEA's course-access 
program, to which the SEA must respond to the parents in writing.
    (3) A description of the SEA's approach to paying for students' 
participation in course offerings funded under this grant. An SEA 
must--
    (a) Describe any criteria it will use to identify course providers;
    (b) Describe the methods that it will use to pay for students to 
participate in courses.\7\
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    \7\ A combination of Federal, State, and local funds, including 
funds that support direct student services under section 1003A of 
the ESEA, may be used to support services under this program. ESEA 
section 1003A permits a State to reserve funds to make awards to 
LEAs to support specific direct student services, including credit 
recovery and academic acceleration courses that lead to a regular 
high school diploma. Section 1003A requires that an LEA receiving 
section 1003A funds prioritize certain students in certain schools 
in paying for direct student services. For more information on 
requirements for using those funds, see section 1003A of the ESEA.
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    (c) Describe how the SEA will establish a written agreement between 
the SEA and each provider that must include--
    (i) A nondiscrimination clause that requires the provider to abide 
by all applicable non-discrimination laws with regard to students to be 
served, e.g., on the basis of race, color, national origin, sex, or 
disability;
    (ii) A description of how the grantee will oversee the service 
provider and hold the provider accountable for--
    (A) The terms of the written agreement; and
    (B) The use of funds, including compliance with generally accepted 
accounting procedures and Federal cost principles; and
    (iii) A provision for the termination of the agreement if the 
provider is unable to meet the terms of the agreement.
    (4) A project plan that includes a specific timeline for developing 
or expanding, and implementing a course-access program.
    An SEA must provide a detailed plan for developing or expanding, 
and implementing a course-access program and continuously improving 
grant activities. As necessary and appropriate, an SEA may include in 
its plan a period of up to 12 months during the first year of the 
project period for program development. SEAs that propose to use this 
option must provide sufficient justification for why this program 
planning time is necessary, provide the intended outcomes of program 
planning in Year 1, and include a description of the proposed 
strategies and activities to be supported, which may include, but are 
not limited to, performing outreach to communities in need of support 
and training schools, LEAs, and community members.
    (5) A description of how an SEA will document and disseminate the 
results of the funded project. An SEA must describe how it will 
document and disseminate results of the project, consistent with the 
Family Educational Rights and Privacy Act (FERPA), to promote improved 
capacity to implement course-access programs in other States, 
communities and schools. At a minimum, the SEA must describe how it 
will document and disseminate information on course offerings, course 
enrollment rates, and changes in academic success for participating 
students. This description must include an explanation of the SEA's 
approach to contributing to the evidence base for course-access 
programs while protecting student privacy.
    Definitions: The definitions of ``local educational agency,'' 
``parent,'' ``State educational agency,'' and ``well-rounded 
education'' are from 20 U.S.C. 7801. The definition of ``career and 
technical education'' is from 20 U.S.C. 2302(5).
    We establish the definition of ``course-access program'' for the FY 
2020 grant competition and any subsequent year in which we make awards 
from the list of unfunded applications from this competition, in 
accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1).
    These definitions are:

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    Career and technical education means organized educational 
activities that--
    (A) Offer a sequence of courses that--
    (i) Provides individuals with rigorous academic content and 
relevant technical knowledge and skills needed to prepare for further 
education and careers in current or emerging professions, which may 
include high-skill, high-wage, or in-demand industry sectors or 
occupations, which shall be, at the secondary level, aligned with the 
challenging State academic standards adopted by a State under section 
1111(b)(1) of the Elementary and Secondary Education Act of 1965;
    (ii) Provides technical skill proficiency or a recognized 
postsecondary credential, which may include an industry-recognized 
credential, a certificate, or an associate degree; and
    (iii) May include prerequisite courses (other than a remedial 
course) that meet the requirements of this definition;
    (B) Include competency-based, work-based, or other applied learning 
that supports the development of academic knowledge, higher-order 
reasoning and problem solving skills, work attitudes, employability 
skills, technical skills, and occupation-specific skills, and knowledge 
of all aspects of an industry, including entrepreneurship, of an 
individual;
    (C) To the extent practicable, coordinate between secondary and 
postsecondary education programs through programs of study, which may 
include coordination through articulation agreements, early college 
high school programs, dual or concurrent enrollment program 
opportunities, or other credit transfer agreements that provide 
postsecondary credit or advanced standing; and
    (D) May include career exploration at the high school level or as 
early as the middle grades (as such term is defined in section 8101 of 
the ESEA).
    Course-access program means a program that--
    (1) Provides students the option to enroll in one or more courses 
that contribute to a well-rounded education, such as remedial or credit 
recovery courses, accelerated learning courses, career and technical 
education (as defined in this notice), or elective courses;
    (2) Must include courses offered by multiple providers, from which 
students, or parents on behalf of students, may choose;
    (3) Makes available courses in at least two learning formats, 
including, but not limited to, distance learning, online courses, and 
classroom-based options, except that, for the purpose of this 
definition, an individual course need not be available in more than one 
format;
    (4) Ensures that coursework materials and the formats and 
technologies by which they are made available are accessible to 
students with disabilities; and
    (5) Is available to all students in the State, including private 
school students on an equitable basis, in accordance with section 8501 
of the ESEA.
    Local educational agency (LEA) means--
    (a) A public board of education or other public authority legally 
constituted within a State for either administrative control or 
direction of, or to perform a service function for, public elementary 
schools or secondary schools in a city, county, township, school 
district, or other political subdivision of a State, or of or for a 
combination of school districts or counties that is recognized in a 
State as an administrative agency for its public elementary schools or 
secondary schools.
    (b) The term includes any other public institution or agency having 
administrative control and direction of a public elementary school or 
secondary school.
    (c) The term includes an elementary school or secondary school 
funded by the Bureau of Indian Education but only to the extent that 
including the school makes the school eligible for programs for which 
specific eligibility is not provided to the school in another provision 
of law and the school does not have a student population that is 
smaller than the student population of the local educational agency 
receiving assistance under the ESEA with the smallest student 
population, except that the school shall not be subject to the 
jurisdiction of any State educational agency other than the Bureau of 
Indian Education.
    (d) The term includes educational service agencies and consortia of 
those agencies.
    (e) The term includes the State educational agency in a State in 
which the State educational agency is the sole educational agency for 
all public schools.
    Parent--The term ``parent'' includes a legal guardian or other 
person standing in loco parentis (such as a grandparent or stepparent 
with whom the child lives, or a person who is legally responsible for 
the child's welfare).
    State educational agency (SEA) means the agency primarily 
responsible for the State supervision of public elementary or secondary 
schools.
    Well-rounded education means courses, activities, and programming 
in subjects such as English, reading or language arts, writing, 
science, technology, engineering, mathematics, foreign languages, 
civics and government, economics, arts, history, geography, computer 
science, music, career and technical education, health, physical 
education, and any other subject, as determined by the SEA or LEA, with 
the purpose of providing all students access to an enriched curriculum 
and educational experience.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities, definitions, and 
requirements. Section 437(d)(1) of GEPA, however, allows the Secretary 
to exempt from rulemaking requirements regulations governing the first 
grant competition under a new or substantially revised program 
authority. This is the first grant competition for this program under 
title IV, part A, subpart 1 of the ESEA (20 U.S.C. 7113(a)(3)) and 
therefore qualifies for this exemption. In order to ensure timely grant 
awards, the Secretary has decided to forgo public comment on the 
priority, definition, and requirements under section 437(d)(1) of GEPA. 
The priority, definition, and requirements will 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.

    Program Authority:  Section 4103(a)(3) of title IV, part A of 
the ESEA (20 U.S.C. 7113).

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) 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.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $6,467,609.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2021 and subsequent 
years from the list

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of unfunded applications from the competition announced in this notice.
    Estimated Range of Awards: $1,000,000 to 3,000,000 per year.
    Estimated Average Size of Awards: $2,000,000 per year.
    Maximum Award: We will not make an award exceeding $3,000,000 for a 
single budget period of 12 months.
    Estimated Number of Awards: 2-4.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: SEAs.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Neither an SEA nor an LEA may reduce 
funding or services to a student as a result of the student taking a 
course supported by this program.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Equitable Services: A grantee under this program is required to 
provide for the equitable participation of private school children, in 
accordance with section 8501 of the ESEA (20 U.S.C. 7881).

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the 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/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. 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.
    3. Funding Restrictions: Funds under this program may be used only 
for costs related to developing or expanding, implementing, and 
disseminating information on course-access programs, which may include 
instructional costs (e.g., course materials and fees).
    We reference regulations outlining funding restrictions in the 
Applicable Regulations section of this notice.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR 75.210. The maximum score for all selection criteria is 100 
points. The points or weights assigned to each criterion are indicated 
in parentheses. Non-Federal peer reviewers will evaluate and score each 
application against the following selection criteria:
    (a) Significance (10 points).
    The Secretary considers the significance of the proposed project. 
In determining the significance of the proposed project, the Secretary 
considers the following factors:
    (i) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (ii) The potential replicability of the proposed project or 
strategies, including, as appropriate, the potential for implementation 
in a variety of settings.
    (b) Quality of 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 is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (ii) The quality of the proposed demonstration design and 
procedures for documenting project activities and results.
    (iii) The extent to which the design of the proposed project 
reflects up-to-date knowledge from research and effective practice.
    (c) Quality of Project Services (40 points).
    The Secretary considers the services to be provided by the proposed 
project. In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. In addition, the Secretary 
considers the following factors:
    (i) The extent to which the proposed project represents an 
exceptional approach to the priority or priorities established for the 
competition.
    (ii) 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.
    (iii) The extent to which the services to be provided by the 
proposed project are appropriate to the needs of the intended 
recipients or beneficiaries of those services.
    (iv) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (d) Quality of 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 following factors:
    (i) 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.
    (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) How the applicant will ensure that a diversity of 
perspectives are brought to bear in the operation of the proposed 
project, including those of parents, teachers, the business community, 
a variety of disciplinary and professional fields, recipients or 
beneficiaries of services, or others, as appropriate.
    (iv) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project.
    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 
also requires various assurances including those applicable to Federal 
civil rights laws that prohibit discrimination in programs

[[Page 23348]]

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 program 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.
    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.
    5. Performance Measures: The Department has established the 
following Government Performance and Results Act of 1993 performance 
measures for the Expanding Access to Well-Rounded Courses Demonstration 
Grants program:
    (a) The number of courses available through the course access 
program disaggregated by (1) subject matter and (2) delivery format 
(e.g., distance learning, online courses, blended learning, or in-
person classroom courses).
    (b) The number of students who select and participate in course 
offerings supported by funds from this grant in comparison to the total 
number of students in the State.
    (c) The course passage rate for course offerings supported by funds 
from this grant.
    (d) The average cost per student participating in the course 
offerings disaggregated by (1) subject matter and (2) delivery format 
(e.g., distance learning, online courses, blended learning, or in-
person classroom courses).
    (e) Parent and student satisfaction with the available course 
offerings in terms of variety, accessibility, and quality of the 
courses.
    These measures constitute the Department's indicators of success 
for this program. Consequently, we advise an applicant for a grant 
under this program to carefully consider these measures in 
conceptualizing the approach and evaluation for its proposed project. 
Each grantee will be required to provide, in its annual performance and 
final reports, data about its progress with respect to these measures. 
These data will be considered by the Department in making continuation 
awards.
    Consistent with 34 CFR 75.591, grantees funded under this program 
must comply with the requirements of any evaluation of the program 
conducted by the Department or an evaluator selected by the Department.
    Note: If the applicant does not have experience with collection and 
reporting of performance data through other projects or research, the 
applicant should provide other evidence of capacity to successfully 
carry out data collection and reporting for its proposed project.
    The reviewers of each application will score related selection 
criteria on the basis of how well an applicant has considered these 
measures in conceptualizing the approach and evaluation of the project.
    All grantees must submit an annual performance report and final 
performance report with information that is responsive to these 
performance measures.
    6. Continuation Awards: In making a continuation award under 34 CFR

[[Page 23349]]

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 person 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. 2020-08848 Filed 4-24-20; 8:45 am]
 BILLING CODE 4000-01-P