[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37636-37648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13480]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Notice Inviting Applications (NIA) for the FY 2020 Education 
Stabilization Fund--Reimagine Workforce Preparation (ESF-RWP) Grants 
Program

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Supplemental notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) is issuing an NIA for 
eligible applicants for the FY 2020 ESF-RWP Grants program under 
section 18001(a)(3) of Division B of the Coronavirus Aid, Relief, and 
Economic Security Act (CARES Act), Catalog of Federal Domestic 
Assistance (CFDA) number 84.425G. This notice relates to the approved 
information collection under OMB control number 1894-0006. This 
supplemental notice supersedes the notice published on April 27, 2020 
at https://oese.ed.gov/offices/education-stabilization-fund/states-highest-coronavirus-burden/.

DATES: 
    Applications Available: June 23, 2020.
    Deadline for Notice of Intent to Apply: July 13, 2020.
    Deadline for Transmittal of Applications: August 24, 2020.

ADDRESSES: Pre-Application Information: The Department will post 
additional information for prospective applicants on the ESF-RWP 
program website: https://cte.ed.gov/grants/funding-opportunities.
    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.
    The addresses pertinent to this program, including the addresses 
for obtaining and submitting an application, can be found under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Erin Berg, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 11113, PCP, Washington, DC 
20202. Telephone: (202) 245-6792. 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.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the ESF-RWP Grants program is to 
provide support to help States with the highest coronavirus \1\ burden 
create or expand short-term education and training opportunities and/or 
or career pathways programs that help citizens return to work, become 
entrepreneurs, or expand their small businesses (as described under 
Absolute Priority 1); or to enable States to create or expand small 
business incubators that offer education and training, mentorship, as 
well as shared facilities and resources that will help small businesses 
recover and grow and new entrepreneurs thrive (as described under 
Absolute Priority 2).
---------------------------------------------------------------------------

    \1\ See CARES Act, Sec. 18001(a)(3).
---------------------------------------------------------------------------

    Short-term educational programs or career pathways programs created 
or expanded under Absolute Priority 1 of this program must lead to 
certificates, badges, micro-credentials, licenses, or other workplace-
relevant credentials that respond to the needs of employers or 
facilitate entrepreneurship. By definition, career pathways programs 
must also enable participants who have not already completed a high 
school diploma or equivalent to earn such a diploma or equivalent. 
Short-term educational and career pathways programs supported under 
this program must create opportunities for individuals to more rapidly 
prepare for, and over time adapt to, changing workplace needs or to 
start or grow a small business.
    Grant funds may be used under Absolute Priority 1 to develop and 
implement short-term education and training programs and/or career 
pathways programs, hire qualified instructors, procure necessary 
equipment and supplies, and subsidize tuition and fees for individuals 
enrolled in these or existing short-term educational, workforce 
development or career pathways programs so that they can quickly gain 
entry to the workforce or become entrepreneurs without taking on debt. 
Funds may also be used to provide student uniforms, protective gear, 
student support services and transportation vouchers for all students, 
as well as childcare support for student-parents who are enrolled in 
education and training programs supported by programs developed under 
this grant program.
    Unlike traditional degree and certificate programs which are 
typically designed by educators, this grant program is designed to 
support efforts led by State Workforce Development

[[Page 37637]]

Boards, in partnership with groups of employers, industry 
organizations, and education and training partners to identify 
workplace competencies, develop curriculum and assessments that help 
workers gain and demonstrate those competencies, and establish a 
credentialing system that employers will use to make hiring and 
promotion decisions within their organizations. The Department 
encourages applicants to review existing occupational frameworks and 
incorporate them, to the extent possible, in their efforts. The program 
does not seek to fund the development of new occupational frameworks 
where existing frameworks that have been endorsed by employers or 
industry sectors already exist.\2\
---------------------------------------------------------------------------

    \2\ For example, the NICE Framework (https://niccs.us-cert.gov/workforce-development/cyber-security-workforce-framework) should be 
utilized for the development of programs preparing individuals to 
meet the demands of cybersecurity in various aspects of the 
information technology industry, and the Department of Labor has 
supported the development of a number of industry-led competency 
frameworks for use in designing education and training programs that 
meet employer needs (see https://www.urban.org/policy-centers/center-labor-human-services-and-population/projects/competency-based-occupational-frameworks-registered-apprenticeships and https://www.careeronestop.org/CompetencyModel/).
---------------------------------------------------------------------------

    While grants will be made to State Workforce Boards, these 
recipients may partner with business and trade organizations, employers 
or groups of employers, Standards Recognition Entities (SREs),\3\ 
Institutions of Higher Education (IHEs), third-party intermediaries who 
help employers design and implement work-based learning programs, and 
other education and training providers.
---------------------------------------------------------------------------

    \3\ U.S. Department of Labor, ``Industry-Recognized 
Apprenticeship Program,'' https://www.apprenticeship.gov/industry-recognized-apprenticeship-program.
---------------------------------------------------------------------------

    This grant program also supports a second activity, which is 
designed to cultivate entrepreneurship by supporting the development of 
small business incubators located on the campuses of, or developed in 
association with, colleges and universities. These incubators provide, 
among other things, short-term educational and training programs or 
continuing education courses to help entrepreneurs establish and grow 
their businesses, comply with or exceed industry standards, and meet 
State and occupational health, safety and licensure requirements. In 
addition to educational offerings, small business incubators also 
provide mentorship from faculty and other business professionals, and 
typically offer shared space, services, staffing and equipment to help 
small businesses get started and grow.
    These small business incubators create new opportunities for 
colleges and universities to expand their offerings and create new 
revenue streams so that institutions can also become entrepreneurial at 
a time when declining enrollments and COVID-19 related disruptions may 
result in longer-term underutilization of campus facilities. In this 
regard, these funds assist in the stabilization of institutions and the 
local economy.
    Background: Section 18001(a)(3) of the CARES Act directs the 
Secretary to allocate 1 percent of the Education Stabilization Fund 
appropriated by the Act to provide grants to States with the highest 
coronavirus burden to support education and training activities, as 
well as economic stabilization activities, described under section 
18001 of the CARES Act or the Higher Education Act of 1965, as amended.
    Our goals in administering these grants include, among other 
things, creating new education and training opportunities designed to 
help dislocated workers quickly return to employment, expanding 
postsecondary options and opportunities, and supporting 
entrepreneurship in stabilizing both the local economy and institutions 
of higher education, thus restoring pre-pandemic economic growth.
    The Department will make awards to State Workforce Boards that, at 
the Governor's direction, will award under Absolute Priority 1, 
subgrants to business organizations, trade associations, continuing 
education providers employer-based educational organizations, labor 
organizations, education and training organizations and institutions of 
higher education to create or expand innovative education and training 
opportunities, primarily through short-term educational programs and 
career pathways programs that are responsive to rapidly changing 
economic conditions, provide new opportunities for education providers 
to help more individuals meet employer needs and workforce demands, 
and/or help entrepreneurs succeed in rebuilding their businesses and 
finding new opportunities for growth.
    This program will also engage States in developing mechanisms--such 
as creating competency exams and evaluations, developing tracking 
systems to monitor participant outcomes, and administering employer 
satisfaction surveys--for assuring the quality of short-term 
educational programs and for engaging business leaders in their 
development, implementation, and assessment.
    Under Absolute Priority 2, State Workforce Boards will make 
subgrants available to colleges and universities, and/or college or 
university-affiliated entities, to support the development or expansion 
of campus-based or campus-affiliated small business incubator programs 
and facilities. The goal under Absolute Priority 2 is to improve the 
sustainability of institutions of higher education, expand learning 
opportunities in the State, support the continued employment of faculty 
and staff at educational organizations, and create new opportunities 
for entrepreneurs and small business owners to grow, become more 
resilient and thrive.
    State Workforce Boards function under the Governor's direction, and 
include representatives of education, small business, labor and 
economic development, making them well suited to administer these 
grants on behalf of a State. Grants may support, through subgrants or 
contractual relationships, a variety of entities, including state 
higher education agencies, institutions of higher education, and other 
postsecondary and continuing education and training providers. Non-
traditional educational providers, including those engaged in 
apprenticeship and other work-based learning opportunities (such as 
training providers under Workforce Innovation and Opportunity Act 
(WIOA) title I programs), National Apprenticeship sponsors, and 
Standards Recognition Entities are eligible to receive funds, through 
subgrants, as part of an ESF-RWP Grant project.
    The coronavirus pandemic created a public health crisis that in 
turn generated a precipitous economic crisis unlike any we have seen in 
recent history. The economic challenges of today were not born of 
business failures, lack of good ideas, or declining consumer demand. In 
fact, prior to the outbreak of COVID-19, economic growth was stronger 
than ever before and unemployment was at its lowest point in fifty 
years.\4\ Moreover, prior to the pandemic, unemployment among 
underrepresented minorities and individuals with disabilities was at 
its lowest rate in history.
---------------------------------------------------------------------------

    \4\ The White House, ``U.S. Unemployment Rate Falls to 50-Year 
Low,'' October 4, 2019, https://www.whitehouse.gov/articles/u-s-unemployment-rate-falls-50-year-low/.
---------------------------------------------------------------------------

    However, when businesses were asked to close their doors, employees 
were required to work from home, and consumers were forced to find new

[[Page 37638]]

ways to obtain goods and services--to protect public health--many 
workers found themselves suddenly unemployed.
    The pandemic also had a tremendous impact on the many small 
businesses that anchor communities and drive the local and national 
economy. Almost all of America's businesses are small businesses,\5\ 
and 89 percent have fewer than 20 employees.\6\ As Governors and local 
officials issued COVID-19 stay at home orders to protect the health of 
citizens, there has been a dramatic, negative impact on the small 
business community across the United States.
---------------------------------------------------------------------------

    \5\ J.P. Morgan Chase and Company, Small Businesses are an 
Anchor of the U.S. Economy, n.d. Retrieved from: https://www.jpmorganchase.com/corporate/institute/small-business-economic.htm.
    \6\ U.S. Census Bureau, U.S. Department of Commerce, Number of 
Firms, Number of Establishments, Employment, and Annual Payroll by 
Enterprise Employment Size for the United States and States, Totals: 
2017. Retrieved from: https://www2.census.gov/programs-surveys/susb/tables/2017/us_state_totals_2017.xlsx?#.
---------------------------------------------------------------------------

    The pandemic also had an unprecedented impact on the nation's 
colleges and universities, forcing most to abandon use of their ground-
based classrooms and campus facilities and engage in various modalities 
of distance learning. With some already struggling under declining 
enrollments, and others concerned that students will wait out a 
semester before returning to campus, there is concern that many 
institutions will not be able to enroll enough students to continue the 
employment of faculty and staff and maintain campus operations through 
the end of the calendar year. As a result, institutions must become 
entrepreneurial in finding new ways to more quickly meet the needs of 
students, employers, and their local community--and to do so at lower 
cost and in ways that generate significantly less student debt.
    Institutions must find new uses for campus facilities that create 
novel revenue streams and expand the kinds of high-quality short-term 
learning opportunities available for students. In addition, States must 
do more to help those who lack a high school diploma or equivalency 
prepare for jobs and earn a post-secondary credential.
    Institutions of higher education are not alone in their ability to 
provide high quality postsecondary education and training 
opportunities, and thus are not the sole entities eligible for 
subgrants under this program. The U.S. Department of Labor has 
identified the capacity of employers and trade associations in various 
industry sectors to work collaboratively to expand the number of high 
quality apprenticeship opportunities made available to prepare 
individuals for in-demand jobs without the burden of Direct Loan 
student debt.\7\ Moreover, employer participation in education and 
training programs improves the earnings and employment outcomes of 
program participant when compared to education provided without deep 
employer engagement.\8\ We believe that sector-based strategies can be 
equally or more effective than traditional college or university 
programs in providing short-term educational programs and training 
opportunities that help individuals continue their education and 
advance in their careers.
---------------------------------------------------------------------------

    \7\ https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/FOA-ETA-18-08.pdf.
    \8\ Barnow, Burt S., and Shayne Spaulding. 2015. ``Employer 
Involvement in Workforce Programs: What Do We Know?'' In 
Transforming U.S. Workforce Development Policies for the 21st 
Century, edited by Carl Van Horn, Tammy Edwards, and Todd Greene. 
Atlanta, GA: Federal Reserve Bank of Atlanta, Federal Reserve Bank 
of Kansas City, and Rutgers University.
---------------------------------------------------------------------------

    We applaud the Department of Labor for its efforts, and plan to 
leverage what we have learned from them and their successes to 
similarly employ sector-based strategies in expanding the number and 
types of education and training opportunities available to individuals, 
employers, and communities. Sector-based education, training, and 
credentialing strategies ensure the critical mass needed to sustain 
these programs and to ensure the long-term value of credentials earned.
    Education and training opportunities supported with these funds can 
include Registered Apprenticeship Program Programs (RAP) and Industry 
Recognized Apprenticeship Programs (IRAPs), as well as other work-based 
learning and continuing education programs, and funds can support the 
development of curriculum or assessment tools as well as systems to 
maintain student records and verify credentials earned by students who 
complete these programs.
    These funds may also be used to provide student stipends for work-
based learning opportunities; subsidize tuition and fees for short-term 
educational programs and career pathways programs; procure or rent 
equipment and supplies necessary for instruction and assessment; 
provide pre-apprenticeship, adult education and literacy activities (as 
defined in this notice), including integrated education and training 
(as defined in this notice); provide supportive services for 
participants, including childcare vouchers and transportation vouchers, 
career guidance and academic counseling; and develop and implement 
interoperable learning record systems that record and communicate to 
potential employers verifiable information about an individual's 
credentials, skills, and achievements.
    The Department of Education wishes to ensure that individuals, 
employers, educators and training providers have access to the most 
complete, current and beneficial information about providers, programs 
and credentials supported with these grant funds. To this end, the 
Department requires that information about all credentials (including 
but not limited to badges, certificates, certifications, licenses, and 
degrees of all levels and types) and competencies (knowledge, skills 
and abilities) developed or delivered through the use of these Federal 
funds be made publicly accessible through the use of linked open data 
formats that support full transparency and interoperability, such as 
through the use of credential transparency description language 
specifications.
    Under Absolute Priority 2, funds may be used to convert 
underutilized campus-based or campus-affiliated facilities to small 
business incubators, to hire staff to operate the facility, to 
subsidize wages of faculty and entrepreneurs-in-residence, to purchase 
or rent equipment that will serve as a shared resource for incubator 
occupants or support the work of the incubator's administrative staff, 
to subsidize the cost to participants of enrolling in short-courses or 
continuing education opportunities and to subsidize on a sliding scale 
the rent paid by small businesses that are operating out of or using 
space, facilities or shared equipment or services provided by the 
incubator.
    Applicants are encouraged to develop innovative solutions that move 
beyond traditional education and training regimes. The proposed project 
design should be supported by evidence that meets the standard of 
demonstrates a rationale (as defined in this notice). Applications may 
provide a framework that identifies key components on how the proposed 
strategy, program, or activity is informed by research or by the 
positive outcomes of earlier efforts that are similar to or serve as 
the foundation for the proposed project.\9\ These positive outcomes 
must suggest the proposed activity is likely to improve relevant 
outcomes (as defined in this notice). We encourage evidence that 
demonstrates a rationale for the proposed activity to ensure that some

[[Page 37639]]

preliminary work has been done to demonstrate the merit of the 
proposal, while at the same time inviting the broadest possible range 
of innovative solutions that may not yet have been tested at scale or 
evaluated through experimental or quasi-experimental design.
---------------------------------------------------------------------------

    \9\ This type of action can also be described as a logic model, 
as defined by 34 CFR 77.1.
---------------------------------------------------------------------------

    Priorities: This notice contains two absolute priorities and three 
competitive preference priorities. We are establishing these priorities 
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 Priorities: These priorities are absolute priorities. 
Under 34 CFR 75.105(c)(3), we consider only applications that meet one 
of the two absolute priorities. The Secretary intends to award grants 
under each of Absolute Priorities 1 and 2 for which applications of 
sufficient quality are submitted. Because applications will be placed 
in rank order separately by Absolute Priority, applicants must clearly 
identify whether the proposed project addresses either Absolute 
Priority 1 or Absolute Priority 2. Each State Workforce Board may 
submit only one application under this competition that addresses 
either absolute priority, but not both.
    These priorities are:

Absolute Priority 1

    Projects that will focus on:
    (a) Creating, developing, implementing, replicating, or taking to 
scale short-term educational programs and training courses or programs, 
and/or career pathways programs, including those focused on 
facilitating and strengthening entrepreneurship and small business 
ownership. Applicants must propose a project that focuses on one or 
more of the following activities: (1) Helping displaced workers return 
to gainful employment; (2) helping new workers enter jobs within in-
demand industry sectors or occupations (as identified at the national, 
State or local level); (3) transitioning underemployed workers to new 
fields, or (4) assisting small business owners to gain the skills 
needed to create new businesses or grow current businesses and become 
more resilient; and/or
    (b) Funding the creation, development, implementation, replication, 
or scaling of industry sector-based education and training models and 
programs that:
    (1) Are initiated and organized by employer stakeholders, which may 
include business leaders, trade associations, professional societies or 
community businesses organizations;
    (2) May partner with institutions of higher education or other 
post-secondary education and training providers; and
    (3) May include the engagement of third-party intermediaries, which 
are organizations that help bridge the gap between employers and 
educational institutions to the benefit of students.
    Projects under Absolute Priority 1(a) and 1(b) may include 
apprenticeships and other work-based learning programs and must provide 
individuals the opportunity to earn badges, certifications, micro-
credentials, licenses, or other credentials that employers 
affirmatively signal will contribute to qualifying a candidate for 
employment or promotion in an in-demand industry sector or occupation 
(as defined in this notice).
    Competitive Preference Priority 1: Within this absolute priority, 
we give competitive preference to applications that address the 
following priority:
    Under 34 CFR 75.105(c)(2)(i) we award up to an additional five 
points to an application that meets Competitive Preference Priority 1. 
This priority is:
Competitive Preference Priority 1--Distance Education
    The extent to which an application that proposes a project in which 
the short-term educational programs and training programs described 
above include didactic education that will be principally delivered 
through distance education (as defined in this notice); or
    Competitive Preference Priority 2: Within this absolute priority, 
we give competitive preference to applications that serve lifelong 
learners in distressed communities.
    We will award up to an additional three points to an application 
that addresses:
Competitive Preference Priority 2--Serving Lifelong Learners in 
Distressed Communities (0 to 3 points)
    The extent to which an application proposes a project that focuses 
on the unique needs of individuals who reside in rural communities or 
Opportunity Zones, and that is designed to enable economic growth and 
development in those regions. This could include focusing primarily on 
in-demand jobs available to individuals in these communities, aligning 
education and job training opportunities with the strategic planning 
goals for economic development in the community, or meeting the unique 
needs of individuals who may have challenges related to transportation, 
childcare or limitations in access to technology associated with living 
and working in these communities.
    For purposes of this competition, we will consider a community as 
rural if the community meets qualifications for rural applicants 
established in section 114(e)(5)(A) of Perkins V, and the applicant 
certifies that it meets those qualifications in its application.
    Opportunity Zones must be census tracts designated by the Secretary 
of the Treasury under section 1400Z-1 of the Internal Revenue Code. An 
applicant must provide the census tract numbers of the Qualified 
Opportunity Zone(s) in which it proposes to provide services.

Absolute Priority 2

    Projects that will focus on creating or supporting one or more IHE-
based or IHE-affiliated small business incubators that leverage the 
facilities and/or instructional resources of one or more IHEs to 
support high-quality job growth, the establishment of small businesses 
important to the local economy or the development of technology 
commercialization. Applicants must propose a plan to provide education, 
training and mentorship; offer shared facilities, services, space or 
equipment; and facilitate partnerships and networks among business 
leaders that help entrepreneurs start or expand their core businesses 
or develop business adjacencies that will enable them expand into new 
markets, products or services.
    Competitive Preference Priority 3: Within absolute priority 2, we 
give competitive preference to applications that address the following 
priority:
Competitive Preference Priority 3--Serving Entrepreneurs and Businesses 
in Distressed Communities (0 to 3 points)
    (a) The applicant will locate the business incubator, or include as 
an affiliated partner in managing and administering an off-campus 
business incubator, at least one minority-serving institution of higher 
education that is eligible to receive assistance under sections 316 
through 320 of part A of Title III, under part B of Title III, or under 
Title V of the Higher Education Act of 1965. An applicant must identify 
the minority-serving institution of higher education with which it will 
partner; or
    (b) The applicant will locate the IHE-affiliated business incubator 
in a rural community or Opportunity Zone in order to support the 
business development goals of those communities and to enable 
businesses

[[Page 37640]]

that are located in those regions and that employ individuals who live 
in those communities to thrive.
    For purposes of this competition, we will consider a community as 
rural if the community meets qualifications for rural applicants 
established in section 114(e)(5)(A) of Perkins V, and the applicant 
certifies that it meets those qualifications in its application.
    Opportunity Zones must be census tracts designated by the Secretary 
of the Treasury under section 1400Z-1 of the Internal Revenue Code. An 
applicant must provide the census tract numbers of the Qualified 
Opportunity Zone(s) in which it proposes to provide services.
    Definitions: The definitions of ``demonstrates a rationale,'' 
``performance measure,'' ``performance target,'' ``project component,'' 
and ``relevant outcome'' are from 34 CFR 77.1. The definition of 
``work-based learning'' is from section 3 of the Carl D. Perkins Career 
and Technical Education Act of 2006, as amended by the Strengthening 
Career and Technical Education for the 21st Century Act. The definition 
of ``institution of higher education'' is from section 101 of the 
Higher Education Act of 1965, as amended (HEA). The definitions of 
``career pathway,'' ``dislocated worker,'' and ``recognized 
postsecondary credential'' are from section 3 of the WIOA (29 U.S.C. 
3102). The definitions of ``adult education and literacy activities'' 
and ``integrated education and training'' are from section 203 of the 
WIOA. The definition of Registered Apprenticeship and the definition of 
an Industry Recognized Apprenticeship are provided by the U.S. 
Department of Labor.\10\ The definition of ``State'' is from section 
18007 of the CARES Act. We are establishing the definitions of 
``coronavirus burden,'' ``distance education,'' ``entrepreneurship 
education,'' ``industry sector-based education and training programs,'' 
``industry-recognized credential,'' ``micro-credential,'' ``non-
traditional education,'' ``pre-apprenticeship,'' ``small business 
incubator,'' ``short-term educational programs,'' and ``State Workforce 
Board,'' ``standards recognition entities,'' ``third-party 
intermediaries'' 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).
---------------------------------------------------------------------------

    \10\ Federal Register, Vol 85, No. 48, Wednesday, March 11, 
2020, pgs. 14294-14392 (https://www.govinfo.gov/content/pkg/FR-2020-03-11/pdf/2020-03605.pdf.
---------------------------------------------------------------------------

    Adult education and literacy activities means programs, activities, 
and services that include adult education, literacy, workplace adult 
education and literacy activities, family literacy activities, English 
language acquisition activities, integrated English literacy and civics 
education, workforce preparation activities, or integrated education 
and training.
    Career pathway \11\ means a combination of rigorous and high-
quality education, training, and other services that--
---------------------------------------------------------------------------

    \11\ 29 U.S.C. 3102(7).
---------------------------------------------------------------------------

    (a) Aligns with the skill needs of industries in the economy of the 
State or regional economy involved;
    (b) Prepares an individual to be successful in any of a full range 
of secondary or postsecondary education options, including 
apprenticeships programs registered under the Act of August 16, 1937 
(commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.);
    (c) Includes counseling to support an individual in achieving the 
individual's education and career goals;
    (d) Includes, as appropriate, education offered concurrently with 
and in the same context as workforce preparation activities and 
training for a specific occupation or occupational cluster;
    (e) Organizes education, training, and other services to meet the 
particular needs of an individual in a manner that accelerates the 
educational and career advancement of the individual to the extent 
practicable;
    (f) Enables an individual to attain a secondary school diploma or 
its recognized equivalent and at least one recognized postsecondary 
credential; and
    (g) Helps an individual enter or advance within a specific 
occupation or occupational cluster.
    Coronavirus burden means burden on a State from coronavirus based 
on the measures in Appendix 1 and any measures identified by the 
applicant in response to Application Requirement 1.
    Demonstrates a rationale means a key project component included in 
the project's design is informed by research or evaluation findings 
that suggest the project component is likely to improve relevant 
outcomes.
    Dislocated worker means an individual who--
    (A)(i) Has been terminated or laid off, or who has received a 
notice of termination or layoff, from employment;
    (ii)(I) Is eligible for or has exhausted entitlement to 
unemployment compensation; or
    (II) Has been employed for a duration sufficient to demonstrate, to 
the appropriate entity at a one-stop center referred to in WIOA section 
121(e), attachment to the workforce, but is not eligible for 
unemployment compensation due to insufficient earnings or having 
performed services for an employer that were not covered under a State 
unemployment compensation law; and
    (iii) Is unlikely to return to a previous industry or occupation;
    (B)(i) Has been terminated or laid off, or has received a notice of 
termination or layoff, from employment as a result of any permanent 
closure of, or any substantial layoff at, a plant, facility, or 
enterprise;
    (ii) Is employed at a facility at which the employer has made a 
general announcement that such facility will close within 180 days; or
    (iii) For purposes of eligibility to receive services other than 
training services described in WIOA section 134(c)(3), career services 
described in WIOA section 134(c)(2)(A)(xii), or supportive services, is 
employed at a facility at which the employer has made a general 
announcement that such facility will close;
    (C) Was self-employed (including employment as a farmer, a rancher, 
or a fisherman) but is unemployed as a result of general economic 
conditions in the community in which the individual resides or because 
of natural disasters;
    (D) Is a displaced homemaker; or
    (E)(i) Is the spouse of a member of the Armed Forces on active duty 
(as defined in section 101(d)(1) of title 10, United States Code), and 
who has experienced a loss of employment as a direct result of 
relocation to accommodate a permanent change in duty station of such 
member; or
    (ii) Is the spouse of a member of the Armed Forces on active duty 
and who meets the criteria described in WIOA section 3(16)(B).
    Distance education means:
    (1) Education that uses one or more of the technologies listed in 
paragraphs (2)(i) through (iv) of this definition to deliver 
instruction to students who are separated from the instructor or 
instructors and to support regular and substantive interaction between 
the students and the instructor or instructors, either synchronously or 
asynchronously.
    (2) The technologies that may be used to offer distance education 
include--
    (i) The internet;

[[Page 37641]]

    (ii) One-way and two-way transmissions through open broadcast, 
closed circuit, cable, microwave, broadband lines, fiber optics, 
satellite, or wireless communications devices;
    (iii) Audio conference; or
    (iv) Other media used in a course in conjunction with any of the 
technologies listed in paragraph (2)(i) through (iii) of this 
definition.
    (3) For purposes of this definition, an instructor is an individual 
responsible for delivering course content and who meets the 
qualifications for instruction established by an institution's 
accrediting agency.
    (4) For purposes of this definition, substantive interaction is 
engaging students in teaching, learning, and assessment, consistent 
with the content under discussion, and also includes at least two of 
the following--
    (i) Providing direct instruction;
    (ii) Assessing or providing feedback on a student's coursework;
    (iii) Providing information or responding to questions about the 
content of a course or competency;
    (iv) Facilitating a group discussion regarding the content of a 
course or competency; or
    (v) Other instructional activities approved by the institution's or 
program's accrediting agency.
    (5) An institution ensures regular interaction between a student 
and an instructor or instructors by, prior to the student's completion 
of a course or competency--
    (i) Providing the opportunity for substantive interactions with the 
student on a predictable and regular basis commensurate with the length 
of time and the amount of content in the course or competency; and
    (ii) Monitoring the student's academic engagement and success and 
ensuring that an instructor is responsible for promptly and proactively 
engaging in substantive interaction with the student when needed on the 
basis of such monitoring, or upon request by the student.
    Entrepreneurship education means the preparation of an individual 
to start and operate a new business venture through the development of 
knowledge and skills associated with entrepreneurship, including, but 
not limited to--
    (a) Understanding the nature, role, and challenges of the 
entrepreneur;
    (b) Identifying and assessing opportunities for new business 
ventures;
    (c) Preparing a business plan and budgets and forecasting resource 
needs;
    (d) Understanding and anticipating financing requirements, 
including the use of capital and debt as a means to finance a new 
business venture, the various strategies for attracting financing, and 
the trade-offs associated with each strategy;
    (e) Examining the various business structure options for a new 
business venture, and understanding the benefits and tradeoffs offered 
by available organizational forms for a new business venture;
    (f) Understanding and anticipating personnel needs for a new 
business venture;
    (g) Examining cost-effective technologies for a new business 
venture;
    (h) Understanding how effectively to market and advertise, 
including through the use of social and digital media, a new business 
venture;
    (i) Examining common key legal issues experienced by new business 
ventures; and
    (j) Examining how to manage for the survival and growth of a new 
business venture.
    Institution of higher education (IHE) means--
    (a) An educational institution in any State that--
    (1) Admits as regular students only persons having a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such a certificate, or persons who meet the 
requirements of section 484(d) of the HEA;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) Provides an educational program for which the institution 
awards a bachelor's degree or provides not less than a 2-year program 
that is acceptable for full credit toward such a degree, or awards a 
degree that is acceptable for admission to a graduate or professional 
degree program, subject to review and approval by the Secretary;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or 
association or, if not so accredited, is an institution that has been 
granted preaccreditation status by such an agency or association that 
has been recognized by the Secretary for the granting of pre-
accreditation status, and the Secretary has determined that there is 
satisfactory assurance that the institution will meet the accreditation 
standards of such an agency or association within a reasonable time.
    (b) The term also includes:
    (1) Any school that provides not less than a 1-year program of 
training to prepare students for gainful employment in a recognized 
occupation and that meets the provisions of paragraphs (1), (2), (4), 
and (5) of subsection (a) of this definition; and
    (2) A public or nonprofit private educational institution in any 
State that, in lieu of the requirement in subsection (a)(1) of this 
definition, admits as regular students individuals--
    (A) Who are beyond the age of compulsory school attendance in the 
State in which the institution is located; or
    (B) Who will be dually or concurrently enrolled in the institution 
and a secondary school.
    In-demand industry sector or occupation means: (1) An industry 
sector that has a substantial current or potential impact (including 
through jobs that lead to economic self-sufficiency and opportunities 
for advancement) on the State, regional or local economy, as 
appropriate, and that contributes to the growth or stability of other 
supporting businesses, or the growth of other industry sectors; or (2) 
an occupation that currently has or is projected to have a number of 
positions (including positions that lead to economic self-sufficiency 
and opportunities for advancement) in an industry sector so as to have 
a significant impact on the state, regional or local economy, as 
appropriate.\12\
---------------------------------------------------------------------------

    \12\ Workforce Innovation and Opportunity Act, Section 3(23).
---------------------------------------------------------------------------

    Integrated education and training means a service approach that 
provides adult education and literacy activities concurrently and 
contextually with workforce preparation activities and workforce 
training for a specific occupation or occupational cluster for the 
purpose of educational and career advancement.
    Industry recognized apprenticeship is a high-quality apprenticeship 
program, wherein an individual obtains workplace-relevant knowledge and 
progressively advancing skills, that include a paid-work component and 
an educational or instructional component, and that result in an 
industry-recognized credential. An IRAP is developed or delivered by 
entities such as trade and industry groups, corporations, non-profit 
organizations, educational institutions, unions, and joint labor-
management organizations. An IRAP is an apprenticeship program that has 
been recognized as a high-quality program by an SRE pursuant to 29 CFR 
29.22(a)(4)(i) through (x) and otherwise meets the requirements of 29 
CFR part 29, subpart B.
    Industry-recognized credential means a credential that verifies a 
person's qualifications or competence in

[[Page 37642]]

performing specific skills or meeting specific industry performance 
requirements, and which employers rely upon in hiring and promotion 
decisions.
    Industry sector-based education and training programs means 
programs that are designed to meet the training and education needs of 
a particular industry sector (or subsector)--such as advanced 
manufacturing, healthcare, transportation, information technology, 
cybersecurity, hospitality and tourism, personal services, etc.--as 
identified by business owners and leaders who work or represent 
companies in that sector, and that enable learners to enter employment 
or qualify for promotions at companies within the industry sector upon 
completion.
    Micro-credential means certifications that verify an individual's 
competence in a specific skill or set of skills within an occupation, 
and that meet the requirements of an industry-recognized credential as 
defined above.
    Non-traditional education means education other than full-time, 
degree-yielding, ground-based classroom education and may include 
education and training that is delivered through distance learning, 
work based learning or virtual simulation modalities; by providers of 
sub-degree educational programs including employers, trade 
associations, unions, continuing education providers, non-accredited 
postsecondary providers and IHEs; or that result in credentials other 
than 2-year, 4-year or graduate degrees.
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance.
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project.
    Pre-apprenticeship means a program or set of services designed to 
prepare individuals to enter and succeed in a Registered Apprenticeship 
program or an Industry Recognized Apprenticeship Program and has a 
documented partnership with at least one Registered Apprenticeship or 
Industry Recognized Apprenticeship program.
    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).
    Recognized postsecondary credential means a credential consisting 
of an industry-recognized certificate or certification, a certificate 
of completion of an apprenticeship, a license recognized by the State 
involved or Federal Government, or an associate or baccalaureate 
degree.
    Registered Apprenticeship means a program registered by the U.S. 
Department of Labor or a U.S. Department of Labor approved State 
Apprenticeship Agency that provides an industry-driven, high-quality 
career pathway where employers can develop and prepare their future 
workforce, and individuals can obtain paid work experience, classroom 
instruction, and a portable credential.\13\
---------------------------------------------------------------------------

    \13\ https://www.govinfo.gov/content/pkg/FR-2020-03-11/pdf/2020-03605.pdf.
---------------------------------------------------------------------------

    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.
    Small business incubator means a facility that is often on a IHE 
campus, or is affiliated with an IHE, that offers startup companies 
shared operation space, access to short-term classes and instruction, 
provides mentoring and networking opportunities, and provides access to 
shared facilities, services, personnel and/or equipment.
    Short-term educational program means a program that provides not 
less than 150, and not more than 600, clock hours of instructional time 
(or equivalent) over a period of not less than 8 weeks and not more 
than 15 weeks. Short-term programs lead to certificates, badges, micro-
credentials, licenses and other workplace-relevant credentials, respond 
to the needs of employers and create opportunities for individuals to 
more rapidly prepare for, and over time adapt to, changing workplace 
needs.
    Standards Recognition Entities means an entity that is qualified to 
recognize apprenticeship programs as Industry-Recognized Apprenticeship 
Programs and that has been recognized by the U.S. Department of Labor.
    State means each of the 50 States, the District of Columbia, and 
Puerto Rico.
    State Workforce Board means the group of leaders appointed by the 
governor from state, business, industry, labor, education and 
community-based organizations to advise the governor on performing the 
duties and responsibilities required by the Federal Workforce 
Innovation and Opportunity Act.
    Third-party intermediaries means an organization or individual that 
provides industry or occupation-specific expertise to support employers 
in a particular industry sector, coordinate partner responsibilities, 
and provide program administration to aggregate demand for educational 
services, particularly for small and medium-sized employers that may 
not have the capacity to operate educational, work-based learning or 
apprenticeship programs on their own, and assist with instruction and 
support services.
    Work-based learning means sustained interactions with industry or 
community professionals in real workplace settings to the extent 
practicable, or simulated environments at an educational institution 
that foster in-depth, firsthand engagement with the tasks required in a 
given career field, that are aligned to curriculum and instruction.
    Application Requirements: The following application requirements 
are established for the FY 2020 ESF-RWP 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). Applicants must address the 
following application requirements:
    (1) Include a description of the State's coronavirus burden based 
on indicators and information factors other than those provided in 
Appendix 1 that demonstrate the significance of the impact of COVID-19 
on students, employers, small businesses and economic development in 
the State. This may include additional data, including other public 
health measures such as coronavirus-related deaths per capita, or any 
other relevant education, labor, or demographic data.
    (2) Describe the applicant's approach to addressing Absolute 
Priority 1 or 2. This description must include a list of organizations 
and entities that will be included as partners in developing and 
implementing the planned activities, an implementation plan and 
timeline for key grant activities and a plan for how the applicant will 
collect data to report on the performance measures for this program. It 
must also include the estimated number of students, businesses, and 
IHEs, if applicable, that the applicant intends to serve with grant 
funds. The applicant must also list other sources of Federal funds it 
is seeking or has secured, under the CARES Act or other Federal grant 
programs, to carry out the same, similar or related activities to those 
proposed in the applicant's plan.
    (3) Provide an analysis of State assets and collaborative efforts 
(including supports already provided from Federal and non-Federal 
sources) to respond to the economic impacts of COVID-19 and the need 
for short-term educational programs, including those that support

[[Page 37643]]

small business owners and entrepreneurs and/or those that provide 
industry sector-based education and training programs that lead to 
industry-recognized credentials in the case of an application that 
addresses Absolute Priority 1 or the need for short-term educational 
programs and courses for small business and/or small business 
incubators (or similar entities) in the case of an application that 
addresses Absolute Priority 2.
    (4) A description of the steps the State is taking at the time of 
the application to identify and address the State's immediate needs 
outlined in application requirement (2), including:
    (a) For applicants addressing Absolute Priority 1(a)--
    (i) How the State is meeting the education, support, and mentorship 
needs of individuals who seek career preparation or advancement through 
short-term educational programs and career pathways programs;
    (ii) Which short-term educational programs or career pathways 
programs will be the focus of the grant activities; and
    (iii) Which occupations or occupational clusters will be the focus 
of the grant activities; or
    (b) For applicants addressing Absolute Priority 1(b)--
    (i) How the State will identify the industry sectors and sector 
leaders that will engage in developing and implementing sector-based 
education, training, and credentialing programs;
    (ii) Prior experience the State has in leading sector-based 
education and training activities, including in the development of 
sector-based apprenticeship programs;
    (iii) How the State will recruit businesses and employers that will 
participate in the program and rely on credentials earned through 
industry sector-based education and training programs to hire and 
promote employees; and
    (iv) Which educational providers, which may include IHEs or other 
post-secondary education and training providers, have experience in 
working with industry leaders or employers to develop or provide 
competency-based education programs and which educational providers 
have committed to partner with the applicant on the proposed project; 
or
    (c) For applicants addressing Absolute Priority 2--
    (i) How the State is currently providing education, training and 
support to entrepreneurs and small business owners;
    (ii) How the State will build upon prior experiences with small 
business incubators or identify which kinds of small businesses it can 
best serve through one or more small business incubators that are 
affiliated with one or more IHEs;
    (iii) How the State will identify institutional partners, 
geographic location(s) or industry sector(s) to be served by one or 
more small business incubators developed with these grant funds;
    (iv) The specialized assistance, facilities, shared equipment and 
other shared resources that will be provided by the proposed small 
business incubator; and
    (v) Other sources of funding or continuing support that will enable 
the small business incubator to continue operating after the expiration 
of these grant funds.
    (5) Describe how the applicant will recruit unemployed or 
dislocated workers; workers seeking job transition or advancement; 
entrepreneurs; small business owners or other participants who would 
benefit from the education, training and/or business development 
opportunities that will be provided with grant funds, and how the 
applicant will determine participation if demand exceeds supply.
    (6) Provide an assurance that the applicant will provide 
information to the Secretary, as requested, for evaluations that the 
Secretary may carry out.
    Program Requirement: The following program requirement is 
established for the FY 2020 ESF-RWP Grants 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):
    Grantees must make information on all credentials (including 
badges, certificates, certifications, licenses, and degrees of all 
levels and types) and competencies (knowledge, skills and abilities) 
achieved as a result of funding under this program publicly accessible 
through the use of linked open data formats that support full 
transparency and interoperability. Such information must include the 
industry sector for or by which the credential was developed, the 
entities involved in the development of the credential, the 
competencies or skills assessed in awarding the credential, the form of 
assessment used to verify an individual's eligibility to be awarded the 
credential, and the body engaged in overseeing the awarding of such 
credentials.
    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, selection criteria, 
definitions, and other 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 section 18001(a)(3) of the CARES 
Act, and therefore qualifies for this exemption. In order to ensure 
timely grant awards, the Secretary has decided to forgo public comment 
on the priorities, requirements, definitions, and selection criteria 
under section 437(d)(1) of GEPA.
    Program Authority: Section 18001(a)(3) of VIII of Division B of the 
CARES Act, Public Law 116-36 (enacted March 27, 2020).
    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

    Estimated Available Funds: $127,500,000. These estimated available 
funds are the amount available for ESF-RWP grants under the FY 2020 
CARES Act. The Department will determine the number of awards to be 
made under each absolute priority based on the quality of applications 
received consistent with the selection criteria and priorities. It will 
also determine the size of an award made to an eligible applicant based 
on a review of the eligible applicant's budget. The Department may use 
any unused funds designated for this competition to make awards under 
the ESF-REM program.
    Estimated Range of Awards: $5,000,000-$20,000,000.
    Estimated Average Size of Awards: $15,000,000.
    Estimated Number of Awards: 8-9.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: The eligible applicant is a State Workforce 
Board.

[[Page 37644]]

    Note: A State may submit only one application in response to this 
notice to implement a proposed project that addresses either Absolute 
Priority 1 or Absolute Priority 2, but not both.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may award subgrants--to directly carry out project 
activities consistent with the Statewide strategy described in its 
application--to the following types of entities: IHEs; local workforce 
development boards; business trade and professional organizations; 
business development organizations; non-IHE postsecondary and employer-
based education and training providers; third-party work-based learning 
or apprenticeship intermediaries; and State, regional, and local public 
and private agencies.

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. However, under 34 
CFR 79.8(a), we waive intergovernmental review in order to make timely 
awards.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice. Each 
eligible entity may charge an amount of administrative costs that is 
reasonable and necessary to effectively administer the program 
consistent with cost principles in 2 CFR part 200, subpart E, of the 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards (Uniform Guidance). Administrative 
costs include costs (direct and indirect) involved in the proper and 
efficient performance and administration of this Federal grant. 
However, to maximize the funds available for services to students and 
the public, the Department encourages each eligible entity and 
subgrantee to minimize the amount of administrative costs charged to 
the program.
    ESF-RWP projects should be designed to cover a student's cost of 
attendance--including through funds provided by this grant, employer 
contributions, contributions made by trade associations or labor 
organizations, or other sources of funding--without requiring the 
student to take Direct student loans.
    Additionally, students whose tuition and fees are covered by grant 
funds must be eligible for public benefits as described in section 431 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1611).
    Recommended Page Limit: The application narrative (Part III of the 
application) 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 25 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.
     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, 
Courier New, or Arial.
    The recommended page limit does not apply to Part I, the cover 
sheet; Part II, the budget section, including the narrative budget 
justification; Part IV, the assurances and certifications; or the one-
page abstract, the resumes, the letters of support, or the appendices. 
However, the recommended page limit does apply to all of the 
application narrative.
    5. Notice of Intent to Apply: We will be able to develop a more 
efficient process for reviewing grant applications if we know the 
approximate number of applicants that intend to apply for funding under 
this competition. Therefore, the Secretary strongly encourages each 
potential applicant to notify us of the applicant's intent to submit an 
application by sending an email to [email protected] with Intent to Apply 
in the subject line. Applicants that do not send a notice of intent to 
apply may still apply for funding.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 or are established 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). The points assigned to 
each criterion are indicated in the parentheses next to the criterion. 
An applicant may earn up to a total of 100 points based on the 
selection criteria for the application.

A. Highest Coronavirus Burden (Up to 40 Points)

    In determining the States with the highest coronavirus burden, the 
Secretary considers the extent to which the State has a high 
coronavirus burden as follows:
    (1) The extent to which the applicant, based on the factors listed 
in the Appendix, when weighted equally, is in the--
    (i) Up to 20th percentile of coronavirus burden (4 points);
    (ii) 21st to 40th percentile of coronavirus burden (8 points);
    (iii) 41st to 60th percentile of coronavirus burden (12 points);
    (iv) 61st to 80th percentile of coronavirus burden (16 points); or
    (v) 81st to 100th percentile of coronavirus burden (20 points).
    (2) The extent to which the applicant has a high coronavirus burden 
based on indicators and information factors identified by the applicant 
in response to Application Requirement 1. (20 points) (GEPA Waiver)

B. Quality of Project Services and Quality of the Project Design (Up to 
35 Points)

    The Secretary considers the quality of the services to be provided 
by the proposed project and the quality of the design of the proposed 
project.
    In determining the quality of the project services and the quality 
of the design of 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. (up to 5 points) (34 CFR 
75.210)
    In addition, the Secretary considers--
    (1) The extent to which the proposed project is an exceptional 
approach to the absolute priority being addressed and includes a 
detailed project plan for addressing the absolute priority. (up to 10 
points) (GEPA Waiver)
    (2) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by

[[Page 37645]]

the proposed project, including the nature and magnitude of those gaps 
or weaknesses. (up to 10 points) (34 CFR 75.210)
    (3) The likelihood that services to be provided by the proposed 
project (for applicants under Absolute Priority 1) will expand access 
to remote learning options and lead to improvements in student 
outcomes; or the likelihood that services to be provided by the 
proposed project (for applicants under Absolute Priority 2) will 
increase the number and success of small businesses in a state or 
region. (up to 5 points) (GEPA Waiver)
    (4) The extent to which the services to be provided by the proposed 
project reflect up-to-date knowledge from research and effective 
practice. (up to 5 points) (34 CFR 75.210)

C. Quality of the Management Plan and Adequacy of Resources (Up to 25 
Points)

    The Secretary considers the quality of the management plan and 
adequacy of resources for the proposed project. In determining the 
quality of the management plan and adequacy of resources for the 
proposed project, the Secretary considers--
    (1) 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. (34 CFR 75.210) (up to 5 points)
    (2) The extent to which the budget is adequate to support the 
proposed project. (up to 5 points) (34 CFR 75.210)
    (3) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project. 
(34 CFR 75.210) (up to 5 points)
    (4) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits. (34 CFR 75.210) (up to 10 points)
    2. Proposed Use of Funds: Applicants must describe the services and 
assistance, consistent with allowable uses of funds under the FY 2020 
ESF-RWP Grants program, which they propose to provide with the project 
funds.
    3. 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).
    Before making awards, we will screen applications submitted in 
accordance with the requirements in this notice to determine whether 
applications have met eligibility and other requirements. This 
screening process may occur at various stages of the process; 
applicants that are determined to be ineligible will not receive a 
grant, regardless of peer reviewer scores or comments.
    Peer reviewers will read, prepare a written evaluation of, and 
score the assigned applications, using the selection criteria provided 
in this notice.
    4. 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.
    5. 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(c).
    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

[[Page 37646]]

does not apply if you have an exception under 2 CFR 170.110(b).
    (b) In addition to annual performance reporting, a grantee must 
submit to the Department a quarterly report that provides data and 
information meeting the requirements of section 15011 of the CARES Act.
    (c) 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.
    5. Performance Measures: We have established the following 
performance measures for the ESF-RWP Grants program:
    (1) For Applications Addressing Absolute Priority 1
    (a) The number of students served by the project; the percentage of 
students who enrolled in a program receiving grant funds who completed 
the program;
    (b) The percentage of individuals who enrolled in a program 
receiving grant funds who were employed in the second quarter after 
exiting the program; and
    (c) The percentage of individuals employed in the second quarter 
after exit who are employed full-time in an occupation that is directly 
related to the program of study; and
    (d) The median earnings of individuals in (b) and (c).
    (2) For Applicants Addressing Absolute Priority 2--
    (a) The number of individuals who participated in the short-course 
or programs offered by the business incubator and one year after its 
completion had started a new business venture or maintained/expanded 
their existing small business;
    (b) For small business owners who participated in a small business 
incubator, the number of employees employed at the start of their 
participation in this program, and at the end of their participation in 
the program and whether or not they were still in business one year 
after completing the program.
    In addition, applicants must propose project-specific performance 
measures and performance targets consistent with the objectives of the 
proposed project.
    Applicants must provide the following information as directed under 
34 CFR 75.110(b) and (c):
    (a) Performance Measures. How each proposed performance measure 
would accurately measure the performance of the project and how the 
proposed performance measures would be consistent with the performance 
measures established for the program funding the competition.
    (b) Baseline Data.
    (i) Why each proposed baseline is valid; or
    (ii) If the applicant has determined that there are no established 
baseline data for a particular performance measure, an explanation of 
why there is no established baseline and of how and when, during the 
project period, the applicant would establish a valid baseline for the 
performance measure.
    (c) Performance Targets. Why each proposed performance target is 
ambitious yet achievable compared to the baseline for the performance 
measure and when, during the project period, the applicant would meet 
the performance target(s).
    (d) Data Collection and Reporting.
    (i) The data collection and reporting methods the applicant would 
use and why those methods are likely to yield reliable, valid, and 
meaningful performance data; and
    (ii) The applicant's capacity to collect and report reliable, 
valid, and meaningful performance data, as evidenced by high-quality 
data collection, analysis, and reporting in other projects or research.
    All grantees must submit an annual performance report with 
information that is responsive to these performance measures.

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.

Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.

Appendix

    Percentile calculation of Coronavirus burden by State, as 
referenced in Section (V)(1)(A).
---------------------------------------------------------------------------

    \14\ The initial unemployment insurance claims filed as a 
percentage of each State's civilian labor force are provided here 
for informational purposes, and the Department will update these 
data as of the deadline for transmittal of applications, which may 
adjust State percentiles and rankings.
    \15\ The COVID-19 per 100,000 persons percentages for each State 
are provided here for informational purposes, and the Department 
will update these data as of the deadline for transmittal of 
applications, which may adjust State percentiles and rankings.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      2--Initial
                                                                     unemployment      3--State % share
                                               1--Percentage of    insurance  claims     of confirmed         Percentile based on  3 factors weighted
                    State                     population without    filed (as % of     coronavirus cases                      equally
                                                broadband access    civilian labor        per 100,000
                                                                       force) 14          persons 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.....................................                16.5               23.80                1.44  61st to 80th percentile.
Alaska......................................                10.3               30.33                0.24  41st to 60th percentile.
Arizona.....................................                11.7               17.07                1.07  20th percentile or lower.
Arkansas....................................                19.2               16.42                0.94  41st to 60th percentile.

[[Page 37647]]

 
California..................................                 8.9               24.48                1.09  21st to 40th percentile.
Colorado....................................                 8.2               13.56                1.78  20th percentile or lower.
Connecticut.................................                 8.9               19.38                4.56  61st to 80th percentile.
Delaware....................................                 9.2               21.27                3.81  61st to 80th percentile.
District of Columbia........................                11.7               23.47                4.80  81st to 100th percentile.
Florida.....................................                12.5               23.19                0.99  41st to 60th percentile.
Georgia.....................................                13.2               42.62                1.73  81st to 100th percentile.
Hawaii......................................                10.2               36.32                0.16  61st to 80th percentile.
Idaho.......................................                  10               15.94                0.63  20th percentile or lower.
Illinois....................................                  11               17.52                3.62  61st to 80th percentile.
Indiana.....................................                13.6               21.31                1.98  61st to 80th percentile.
Iowa........................................                11.9               18.92                2.38  41st to 60th percentile.
Kansas......................................                11.6               17.68                1.31  20th percentile or lower.
Kentucky....................................                14.4               41.29                0.86  81st to 100th percentile.
Louisiana...................................                17.6               30.38                3.31  81st to 100th percentile.
Maine.......................................                11.7               20.86                0.68  20th percentile or lower.
Maryland....................................                   9               17.30                3.41  41st to 60th percentile.
Massachusetts...............................                 8.7               24.34                5.56  81st to 100th percentile.
Michigan....................................                12.1               30.66                2.19  61st to 80th percentile.
Minnesota...................................                 9.3               22.53                1.71  41st to 60th percentile.
Mississippi.................................                19.4               23.20                2.04  81st to 100th percentile.
Missouri....................................                13.1               19.02                0.83  21st to 40th percentile.
Montana.....................................                12.2               19.76                0.19  20th percentile or lower.
Nebraska....................................                 9.9               12.23                2.83  21st to 40th percentile.
Nevada......................................                11.3               30.49                1.09  61st to 80th percentile.
New Hampshire...............................                 7.6               25.96                1.32  21st to 40th percentile.
New Jersey..................................                 9.1               24.79                6.88  81st to 100th percentile.
New Mexico..................................                20.6               15.84                1.42  61st to 80th percentile.
New York....................................                11.7               25.85                7.40  81st to 100th percentile.
North Carolina..............................                13.2               19.84                1.07  21st to 40th percentile.
North Dakota................................                15.1               17.19                1.32  41st to 60th percentile.
Ohio........................................                11.8               22.15                1.17  41st to 60th percentile.
Oklahoma....................................                14.4               26.29                0.61  41st to 60th percentile.
Oregon......................................                 8.9               19.87                0.39  20th percentile or lower.
Pennsylvania................................                11.9               29.55                2.17  61st to 80th percentile.
Puerto Rico.................................                33.6               26.50                0.46  81st to 100th percentile.
Rhode Island................................                10.3               29.79                5.40  81st to 100th percentile.
South Carolina..............................                15.1               23.06                0.91  41st to 60th percentile.
South Dakota................................                14.6               10.82                2.17  21st to 40th percentile.
Tennessee...................................                14.3               16.24                1.33  21st to 40th percentile.
Texas.......................................                13.3               15.83                0.86  20th percentile or lower.
Utah........................................                 7.1               10.21                1.22  20th percentile or lower.
Vermont.....................................                13.9               19.68                0.60  21st to 40th percentile.
Virginia....................................                  11               17.69                2.07  21st to 40th percentile.
Washington..................................                 7.4               32.71                1.11  61st to 80th percentile.
West Virginia...............................                16.4               18.82                0.43  21st to 40th percentile.
Wisconsin...................................                11.4               18.81                1.21  21st to 40th percentile.
Wyoming.....................................                  11               14.08                0.60  20th percentile or lower.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Data sources and methodology:

Available Broadband Access

    The number in column 1 is the percent of the population in each 
State without broadband access of any kind in 2018, as determined by 
100 minus the percent of households with broadband access in 2018. The 
source for the percent of households with broadband access of any kind 
is the U.S. Census Bureau American Community Survey in 2018. This data 
may be retrieved through the customization of this table: https://data.census.gov/cedsci/table?q=S2802&tid=ACSST1Y2018.S2802.

Initial Unemployment Insurance Claims

    The number in column 2 is the total number of initial unemployment 
insurance (UI) weekly claims reported by the State between the week 
ending March 14, 2020 and the week ending May 23, 2020 \16\ divided by 
the number of individuals in the State's civilian labor force during 
March 2020.\17\ The UI weekly claims data are not seasonally adjusted. 
The source of the UI weekly initial claims data is the Unemployment 
Insurance Weekly Claims Report published by the Employment and Training 
Administration in the U.S. Department of Labor (DOL). The data may be 
retrieved from https://oui.doleta.gov/unemploy/claims_arch.asp. The 
source of the data on the State's civilian labor force is the Bureau of 
Labor Statistics in DOL. The data may be retrieved from https://www.bls.gov/news.release/laus.t01.htm.
---------------------------------------------------------------------------

    \16\ Unlike the other weeks, the weekly initial unemployment 
claims for the week ending May 23, 2020 are the advanced initial 
unemployment claims, released on May 7, 2020.
    \17\ The number for Puerto Rico's total civilian labor force is 
from February 2020 because data for March 2020 were not available.

---------------------------------------------------------------------------

[[Page 37648]]

COVID-19 Cases per 100,000 Persons

    The number in column 3 is the percent share of total COVID-19 cases 
per 100,000 persons for each State. This number is derived by taking 
the total number of COVID-19 cases per 100,000 persons reported to the 
Centers for Disease Control, by State, as of 12:15 p.m. on June 2, 2020 
and dividing that by the total number of cases per 100,000 persons in 
the U.S. State data on cases per 100,000 persons and the sum of all 
cases per 100,000 persons may be retrieved from the Centers for Disease 
Control at https://www.cdc.gov/covid-data-tracker/index.html by 
downloading the Excel document that accompanies the visual 
displays.\18\
---------------------------------------------------------------------------

    \18\ Because the CDC's most recent report of the number of 
COVID-19 cases per 100,000 persons for New York State did not 
include New York City, the number of cases per 100,000 persons for 
New York State used in the table is from the database of COVID-19 
cases in New York State published by the New York Times on June 2, 
2020 at 2:05 p.m. at https://www.nytimes.com/interactive/2020/us/new-york-coronavirus-cases.html.
---------------------------------------------------------------------------

Ranking Methodology

    To determine ranking, States were assigned total burden scores 
based on sum of the values of the indicators relative to one 
another.\19\ All three indicators were weighted equally in calculating 
burden scores. Higher values on the indicators shows higher need for 
the State (e.g., higher share of COVID-19 cases, higher percentage of 
households without broadband access, etc.). The States were then ranked 
based on their total burden scores. Points were then awarded by the 
percentile of their rank as indicated below.
---------------------------------------------------------------------------

    \19\ Each indicator is worth 33.3 points out of 100 possible 
total burden points. The State with the highest burden for an 
indicator is awarded 33.3 points and all other States are assigned 
points based on the percentage of their burden relative to the State 
with the highest burden for that indicator. Total burden is the sum 
of all the points for each indicator.
    \20\ Higher scores indicate higher burden.

------------------------------------------------------------------------
                                       Number of
            Percentile              points awarded    State ranks \20\
------------------------------------------------------------------------
81st to 100th percentile..........              20  43 through 52.
61st to 80th percentile...........              16  32 through 42.
41st to 60th percentile...........              12  22 through 31.
21st to 40th percentile...........               8  11 through 21.
20th percentile and below.........               4  1 through 10.
------------------------------------------------------------------------
 

[FR Doc. 2020-13480 Filed 6-22-20; 8:45 am]
BILLING CODE 4000-01-P