[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Notices]
[Pages 45621-45629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15993]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2020-OESE-0025]


Final Priorities, Requirements, Definition, and Selection 
Criteria--Education Innovation and Research--Teacher-Directed 
Professional Learning Experiences

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

ACTION: Final priorities, requirements, definition, and selection 
criteria.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
announces priorities, requirements, definition, and selection criteria 
under the Education Innovation and Research (EIR) program, Catalog of 
Federal Domestic Assistance (CFDA) numbers 84.411A/B/C. The Assistant 
Secretary may use these priorities, requirements, definition, and 
selection criteria for a competition in fiscal year (FY) 2020 and in 
later years. The Department intends these priorities, requirements, 
definition, and selection criteria to support competitions under the 
EIR program for the purpose of developing, implementing, and evaluating 
teacher-directed professional learning projects designed to enhance 
instructional practice and improve achievement and attainment for high-
need students.

DATES: These priorities, requirements, definition, and selection 
criteria are effective August 28, 2020.

FOR FURTHER INFORMATION CONTACT: Ashley Brizzo. U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E325, Washington, DC 20202. 
Telephone: (202) 453-7122. 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: 
    Purpose of Program: The EIR program, established under section 4611 
of the Elementary and Secondary Education Act, as amended (ESEA), 
provides funding to create, develop, implement, replicate, or take to 
scale entrepreneurial, evidence-based, field-initiated innovations to 
improve student achievement and attainment for high-need students; and 
rigorously evaluate such innovations. The EIR program is designed to 
generate and validate solutions to persistent education challenges and 
to support the expansion of those solutions to serve substantially 
larger numbers of students.

    Program Authority:  Section 4611 of the ESEA, 20 U.S.C. 7261.

    We published a notice of proposed priorities, requirements, 
definition, and selection criteria for this program in the Federal 
Register on April 13, 2020 (85 FR 20455) (the NPP). That document 
contained background information and our reasons for proposing the 
priorities, requirements, definition, and selection criteria for 
Education Innovation and Research--Teacher-Directed Professional 
Learning Experiences.
    Public Comment: In response to our invitation in the NPP, 89 
parties submitted comments pertinent to the proposed priorities, 
requirements, definition, and selection criteria. We group major issues 
according to subject. Generally, we do not address comments that are 
outside the scope of the proposed priorities, requirements, definition, 
and selection criteria.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities, requirements, definition, and 
selection criteria since publication of the NPP follows.

General Comments; Priority 1--Teacher-Directed Professional Learning

    Comments: Among the 19 comments of general support, commenters 
indicated overall support for the

[[Page 45622]]

concept of teachers choosing their own professional learning, 
emphasized the need for flexibility, and acknowledged the insufficiency 
of the current status of teacher professional development. Five 
commenters expressed that one-size-fits-all professional development 
does not work and that the ability for teachers to differentiate and 
customize their learning is important. Two commenters specifically 
noted having participated in similar stipend programs in the past that 
those commenters found to be successful. In addition to the 19 comments 
of support, 33 commenters also expressed support for the general idea 
but offered specific feedback, and their comments are accounted for in 
the sections that follow.
    Discussion: We appreciate the support for these proposed 
priorities, requirements, definition, and selection criteria and agree 
that teachers' differentiation and customization of their learning is 
important.
    Changes: None.
    Comments: Thirty-seven commenters opposed the general idea of 
teacher-driven professional learning stipends, including Proposed 
Priority 1. Commenters opposed the use of EIR funds for this purpose 
based on the need for prior evidence of the success of stipend programs 
(15 comments) and expressed concern about narrowing the focus of EIR or 
undermining other investments such as ESEA title II, part A (14 
comments). Commenters also offered input about a preference to support 
collaborative learning (such as a training for all mathematics teachers 
at a school to uniformly adopt a new approach) instead of individually 
driven learning (such as one mathematics teacher learning about an 
innovative approach and applying different methods from the other 
mathematics teachers) (17 comments). Other commenters expressed concern 
that not all teachers would have the opportunity to get a stipend, 
which could exacerbate between-classroom inequities (8 comments). Six 
commenters expressed their opinion that teacher choice already exists; 
in their school or district teachers already have a great deal of 
discretion regarding the professional learning in which they engage. 
Another six commenters suggested that it is the role of principals, 
rather than the teachers, themselves, to make decisions about 
professional development for their teachers given the principal's 
awareness of school-level needs. Five commenters stated concerns that 
the concept of teacher-driven professional learning assumes that 
teachers know what kinds of professional development they need but that 
they need guidance and support from school and district leaders to 
identify areas for growth. Related to these comments of general 
opposition were comments about the need for districts and school 
leaders to set professional learning priorities aligned to district and 
school priorities and that the quality of professional learning funded 
by the stipends might vary; those comments are specifically addressed 
in the relevant sections that follow.
    Discussion: We appreciate these commenters' perspectives. The 
Department does not agree with the argument that the lack of robust 
evidence on teacher-driven professional learning is a reason not to 
hold a competition in this area. For any EIR competition that uses the 
proposed priorities, the Department intends to build evidence about 
teacher-selected professional learning consistent with the EIR 
program's purpose of supporting innovation in education. Additionally, 
the Department believes that there is sufficient evidence about 
teacher-directed professional learning that would meet the 
``demonstrates a rationale'' evidence requirement should this priority 
be used in an Early-phase competition; furthermore, applicants must 
submit sufficient evidence to that end to be eligible for that grant. 
Moreover, we do think that applicants will apply to meet this lower 
evidence tier and that the evidence requirement will not be a barrier 
for applicants.
    Regarding comments about narrowing the focus of EIR, the Department 
annually examines the needs of the field and the existing projects in 
the EIR portfolio to determine the priorities in that year's 
competitions. Although commenters raised concerns that such a priority 
could undermine title II, part A, the Department notes that title II, 
part A was funded by Congress in FY 2020 and is a separate funding 
stream with separate statutory requirements. These final priorities 
provide the Department an opportunity to complement those investments 
and contribute ideas for ways that teacher voice can be better included 
in how professional learning is delivered. The Department also includes 
an assurance that grantees will maintain current fiscal and 
administrative levels of effort in teacher professional development to 
help ensure that this program offers an added value to professional 
learning.
    The Department agrees that there is value in collaborative 
learning, and these priorities allow for teacher-driven decisions to 
use stipends in such ways including coaching, job shadows, and other 
peer learning opportunities. Applicants also have the discretion to 
continue implementing effective collaborative professional learning 
that already exists.
    Although concerns were raised about not all teachers having access 
to the stipend, the Department believes the applicant is best situated 
to propose the pool of teachers their proposed program focuses on 
(i.e., which teachers may request a stipend). If an applicant were 
concerned about between-classroom inequities, they could recruit 
teachers who would most likely benefit from personalized support. EIR's 
focus on innovation is designed to iteratively test feasibility of 
projects before they are scaled to larger settings and populations. 
Should the program demonstrate success, such practices could be scaled 
for broader use. The Department believes this structure is a strategic 
and responsible means of piloting innovation at a small scale at the 
nascent phase.
    The Department understands that there are a few existing cases of 
some degree of teacher choice in professional learning. However, it is 
not a broadly adopted policy or practice in education and is in need of 
further evaluation. The use of these priorities in EIR is intended to 
support field-initiated innovations that either build on existing 
efforts for, or initiate systemic changes that increase, teacher 
agency. Entities that believe they already have robust systems of 
teacher-selected professional learning are not required to apply for a 
grant.
    Principals continue to have an important role in supporting 
teachers and this program is intended to provide an additional set of 
resources that reinforce principals' efforts to recruit and retain a 
talented pool of professionals. Given that teachers also can have a 
vital role in professional learning decisions, this program focuses on 
enhancing the ways in which teachers are involved in identifying 
professional learning opportunities.
    In response to comments about the ability of teachers to be 
reflective and self-aware enough to know their needs, the Department 
highly respects the teaching profession and teachers as professionals. 
As such, we believe that the teachers who request a stipend are likely 
to be individuals who are reflective practitioners eager to continue to 
hone their craft in a way that best supports the students they teach. 
The Department has structured this priority in a way that would 
encourage teachers to use data such as student achievement trends, 
evaluation or observation results, and other feedback about their 
performance to determine what types of

[[Page 45623]]

professional learning the stipend could support.
    Changes: None.
    Comments: Commenters noted a few areas that were not addressed in 
the NPP. Nine commenters emphasized a need for an evaluation 
requirement. Four commenters suggested that the Department encourage 
piloting or iteration of projects. Four other commenters noted the need 
for teacher input on project designs. Three commenters expressed 
concerns about equitable access to the program and the need for an 
outreach plan to ensure that teachers are aware of the opportunity.
    Discussion: The EIR statute includes a requirement for an 
independent evaluation; as such, it was not necessary to include an 
evaluation requirement in the proposed priorities, but it is included 
in EIR notices inviting applications (NIAs). Regarding iterative 
development of project ideas, EIR already allows for a planning period 
and specifically encourages continuous improvements in project design 
and implementation before conducting full-scale implementation and an 
evaluation of effectiveness. Additionally, the Department may, in EIR 
competitions that use these final priorities, include selection 
criteria from the Education Department General Administrative 
Regulations related to continuous improvement and periodic assessment 
of progress. The Department appreciates the suggestion for honoring 
teacher voice and agency by recommending ways that teachers could have 
input on proposed projects conducted under these priorities; such input 
is likely to help make systems more relevant and user friendly for 
teachers. Regarding outreach plans, the Department already included in 
the NPP a requirement that applicants describe their planned outreach 
(application requirement (b)) and has maintained that requirement.
    Changes: The Department has added new requirements (b)(3) and 
(b)(4) that provide that applicants must include a summary of the ways 
in which teachers were involved in the grant application and the ways 
teachers will be involved in key decisions about the proposed project.

Priority 2--State Educational Agency Partnership

    Comments: Fourteen commenters supported a priority for State 
Educational Agency (SEA) partnerships, including comments such as the 
necessity of involving SEAs in projects that include teacher-directed 
professional learning in order to coordinate such learning with 
certification requirements. Two commenters stated that the SEA role was 
not necessary for project success due to local control in their State; 
in these settings there are not statewide professional development 
requirements, and there is State-mandated district control over 
professional development.
    Discussion: The Department appreciates the comments regarding SEA 
partnerships and will use these comments to consider including this as 
a competitive preference priority for any year in which this program is 
in effect. Regardless of how this priority is used to incentivize SEA 
partnerships in future competitions, an applicant retains the 
discretion of deciding whether or not to enter into a partnership with 
an SEA consistent with the program's eligibility requirements.
    Changes: None.

Priority 3--Local Educational Agency Partnership

    Comments: Eighteen commenters stated that the local educational 
agency (LEA) role is critical to teacher-directed professional learning 
projects. Commenters noted that teachers are employees of the LEA. 
Other commenters explained that an advantage of such a priority would 
be that district leaders would ``be able to design the project based on 
district goals and priorities. Similarly, there were comments about 
how, through this priority, the LEA would have an opportunity to effect 
systemic change in that district leaders could create the flexibilities 
and conditions to support such a project. One commenter stated that an 
LEA partnership is not necessary if the SEA is engaged.
    Discussion: The Department appreciates the comments regarding LEA 
partnerships and will use these comments to consider including this as 
a competitive preference priority for any year in which this program is 
in effect. Regardless of how this priority is used to incentivize LEA 
partnerships in future competitions, an applicant retains the 
discretion of deciding whether or not to enter into a partnership with 
an LEA consistent with the program's eligibility requirements.
    Changes: None.

Requirement (a)--Pool of Eligible Teachers

    Comments: Two commenters suggested expanded eligibility beyond 
teachers to included specialized instructional support personnel and 
school leaders. Another commenter suggested that stipends be paid 
directly from the Department to teachers.
    Discussion: The Department understands that specialized 
instructional support personnel and school leaders play important roles 
in schools. However, the Department is interested in exploring this 
potentially promising idea of teacher-directed professional learning 
and, pending the successes of such program, will explore opportunities 
to expand the program to a broader set of school-based professionals.
    The Department is required to award grants to eligible entities in 
a manner consistent with its authorizing statute and thus cannot award 
funds, such as stipends, directly to teachers.
    Changes: None.

Requirement (c)(3)--Mechanisms To Protect Against Fraud, Waste, and 
Abuse

    Comments: Three commenters expressed general concerns about the 
waste or misuse of stipends, but those comments did not specifically 
mention application requirement (c)(3).
    Discussion: Under application requirement (c)(3), applicants must 
describe mechanisms to protect against fraud, waste, and abuse (e.g., 
monitoring systems, reviews for conflicts of interest). The Department 
believes this requirement, in addition to general requirements for 
grantees to have fiscal management controls, is sufficient to ensure 
grantees monitor the usage of funds and guard against misuse.
    Changes: None.

Requirement (d)(1)--Replacing No Less Than a Majority

    Comments: Proposed application requirement (d)(1) specified how an 
applicant will be expected to update its policies to offer stipends to 
teachers such that no less than a majority of existing mandatory 
professional development would be replaced by teacher-directed 
professional learning. Three commenters supported allowing teachers to 
replace a majority of mandatory professional development with teacher-
directed professional development, stating that it will allow teachers 
to fulfill certification requirements while recognizing that there is 
limited available time for additional professional development. One 
commenter stated that, because their State requirements are limited, it 
would not be an issue to replace at least a majority of required 
professional development with teacher-directed professional 
development.
    Thirty-six commenters opposed the requirement to replace no less 
than a majority of required professional development. One primary 
reason for

[[Page 45624]]

this concern was the need for States and local leaders to 
systematically prioritize professional learning based on educational 
plans and organizational needs such as data trends that reflect a need 
for more training in a particular area. For example, a few commenters 
described that there are many required ``non-content'' trainings (e.g., 
child abuse, bloodborne pathogens) that leave little room for content-
based learning. Others noted that the employer (i.e., district) needs 
to manage their workforce by identifying areas of skills development. 
Relatedly, a few commenters shared that teacher input should be at the 
forefront of professional learning decisions, but it should not be the 
only voice, as district context is also important. Without a mechanism 
to sufficiently address district-wide or school-wide needs, 
professional learning could be disjointed (some teachers having 
training on a district-wide program and others not), incoherent 
(teacher-selected learning conflicting with locally determined 
approach), or incomplete (important topics being ignored) according to 
some of the commenters who opposed the majority replacement 
requirement. Two commenters specifically stated that meeting this 
requirement would require a legislative change (namely, the in-service 
training and licensing requirements set forth by the State legislature) 
that would be outside of the authority of an applicant. Additional 
concerns included that the requirement would undermine existing 
successful collaborative professional learning programs already in 
place; in particular, that the districts would be forced to release 
teachers from a team-based coaching program. Commenters proposed 
alternative approaches, including allowing a smaller portion of 
professional development to be teacher-directed (e.g., one teacher-
selected session per year and the remaining district-selected) or 
revising the requirement to limit grantees to replacing no more than a 
majority of the existing mandatory professional development, stating 
that personalized professional learning is only one aspect of high-
quality professional learning.
    Discussion: The Department appreciates various comments about the 
potential challenges in replacing a majority of required professional 
development. The Department believes there continues to be a need for a 
systemic change in how teachers engage in professional learning. This 
change includes discontinuing requirements that result in ineffective 
or irrelevant professional development and do not serve the learning 
needs of teachers. The Department appreciates that requiring that 
teachers be allowed to replace at least a majority of the existing 
mandatory professional development with teacher-directed professional 
development may not always be feasible and, in response to the comments 
raised, is making revisions. We believe that a 20 percent threshold (in 
place of ``majority'') supports incremental, but significant change, 
and this percentage balances the need to move the needle while still 
keeping it at a level that a majority of eligible applicants will be 
able to implement.
    Many of the Department's established priorities entail activities 
that many eligible applicants lack the authority or capacity to do. We 
recognize that professional development is uniquely tied to rules set 
by States that most of our eligible applicants will not, if those rules 
are a barrier, be able to alter. However, the Department has 
established this priority with the express purpose of altering the way 
in which teachers engage in professional learning. Each eligible 
applicant must assess, based on their own unique needs and 
capabilities, whether to respond to this particular funding 
opportunity. We note that the EIR NIAs have to date always offered more 
than two absolute priorities, so applicants that do not feel they are 
in a position to respond to this priority could consider applying under 
other priorities.
    Changes: The Department has revised language in Proposed Priority 1 
and Application Requirement (d)(1) to replace the requirement that 
teachers be allowed to replace at least a majority of the existing 
mandatory professional development with teacher-directed professional 
development with a requirement that teachers be allowed to replace a 
``significant portion (no less than 20 percent).'' The Department also 
revised the language in Selection Criterion (a), including the addition 
of Selection Criterion (i) to tease out the separate components within 
the initial criterion.

Requirement (g)(2)--Scaling Practices

    Comments: One commenter suggested replacing ``effective'' with 
``evidence-based'' in the requirement for applicants to describe 
mechanisms for incorporating effective practices discovered through 
teacher-directed professional learning into the professional 
development curriculum for all teachers.
    Discussion: The Department agrees that it is important to scale 
``evidence-based'' practices. However, we also intend for this program 
to allow for innovative professional learning to be tested and, if 
early indicators show it holds potential promise, then scaling such 
practices. Applying the rigorous definitions associated with the 
various evidence tiers could have an unintended consequence of stifling 
that iterative process.
    Changes: None.

Requirement (h)--Assurances

    Comments: Regarding the required assurance that an SEA or LEA 
involved in the project will maintain current fiscal and administrative 
investments in teacher professional development, one commenter stated 
that only the State legislature has budget authority, and, as such, the 
applicant does not have control over whether it can make the assurance. 
Related to the assurance that stipends will not be limited to a 
restrictive set of professional learning choices, one commenter noted 
that applicants need to maintain an ability to restrict use of the 
stipend so that funds are used for professional development that is 
instructionally relevant, high quality, and aligned to the identified 
needs of high-need students. Two commenters stated that grantees should 
not limit or restrict choices.
    Discussion: The Department continues to believe it is critical that 
this investment does not result in reductions in teacher professional 
development spending; if a potential applicant is unable to meet the 
conditions included in this assurance, they are not required to apply. 
Like many other programs the Department administers, the grant funds 
are intended to supplement, and not replace the State's professional 
development investment. While the Department seeks to ensure that 
grantees do not impose overly restrictive limits on professional 
learning, the Department agrees that applicants are also required to 
ensure stipends are used for professional learning that is 
instructionally relevant, high quality, and aligned to the identified 
needs of high-need students. As a result, the Department is adding 
language to application requirement (h)(3) to make clear that the 
learning options offered may not be ``overly'' restrictive.
    Changes: The Department has revised application requirement (h)(3) 
to clarify that the allowed learning options may not be ``overly'' 
restrictive.

Definition--Professional Learning

    Comments: Nineteen commenters noted that the definition of the term 
``professional learning'' did not include elements that they saw as 
helpful (e.g., collaborative, sustained, and data

[[Page 45625]]

driven) and had been included in other legislation. Thus, they 
suggested using the definition of ``professional development'' in 
section 8101(42) of the ESEA. Eleven commenters emphasized the 
importance for teachers to engage in professional learning that is 
collaborative. A few commenters also stated that it is important that 
professional learning decisions be informed by data. Commenters also 
expressed an interest in continuing progress in moving away from ``one-
off'' trainings and instead supporting sustained and intensive 
professional learning.
    Discussion: The Department agrees that we should revise the 
definition of ``professional learning'' to reinforce core elements of 
high-quality professional learning. However, the Department does not 
adopt the suggestion to use the ESEA definition of ``professional 
development'' because this definition includes language about 
professional development that is not aligned to the focus on teacher 
agency and voice in professional learning decisions; for example, the 
ESEA definition references activities that support recruitment efforts 
and connections to district improvement plans. Instead, the Department 
has added language to the final definition of ``professional learning'' 
to require that the learning be ``collaborative,'' ``data-driven,'' and 
``part of a sustained and intensive program'' to address points raised 
in the comments.
    Changes: We have revised the definition of ``professional 
learning'' to require that the learning be ``collaborative,'' ``data-
driven,'' and ``part of a sustained and intensive program.''

Selection Criterion (b)--Ensuring Professional Learning Is 
Instructionally Relevant, High Quality, and Aligned to the Needs of 
High-Need Students

    Comments: We received 11 comments related to the quality of the 
teacher-directed professional learning funded by the stipends. 
Commenters emphasized that grantees would need to review requests to 
ensure the teacher-selected use of the stipend was for high-quality 
professional learning, given an already saturated market of 
professional development vendors that range in quality. Those 
commenters were also concerned that teachers might select professional 
learning not related to teaching. Another commenter suggested that 
requested professional learning should not focus on high-need students.
    Discussion: The Department agrees that supporting high-quality 
professional learning is important and, as such, intends to maintain 
application requirements (f)(2) and (h)(2). Under requirement (f)(2), 
applicants must describe how teachers' requests meet the ``professional 
learning'' definition, which includes requirements of being 
instructionally relevant. Under requirement (h)(2), applicants must 
assure that project funds will be used for instructionally relevant 
learning and not activities such as personal enrichment. We also 
include selection criterion (b) regarding how applicants plan to ensure 
that professional learning is instructionally relevant, high quality, 
and aligned to the identified needs of high-need students. The 
Department will also maintain a focus on high-need students consistent 
with EIR's authorizing statute,\1\ which includes a focus on high-need 
students.
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    \1\ ESEA Sec.  4611(a)(1)(A).
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    Changes: The Department did not make substantive changes to this 
definition but did make a technical edit to remove duplicative language 
in the criterion that is already addressed in the ``professional 
learning'' definition.

Selection Criterion (d)--Ease of Process for Teachers

    Comments: Three commenters expressed concern about the potential 
burden on teachers to seek professional learning given the expansive 
set of options available, potentially making the onus on teachers high 
and the task of identifying opportunities time consuming.
    Discussion: The Department agrees about the importance of 
minimizing the burden on teachers as reflected in selection criterion 
(d). Additionally, only eligible teachers who volunteer will 
participate in the stipend program. Furthermore, application 
requirements (d)(3) and (f)(1) outline expectations for applicants to 
have a menu or list of professional learning options. We have included 
these requirements as a way to support teacher awareness of available 
opportunities.
    Changes: None.
    FINAL PRIORITIES:
    This notice contains three final priorities.
    Priority 1--Teacher-Directed Professional Learning.
    Under this priority, an applicant must propose a project in which 
classroom teachers receive stipends to select professional learning 
alternatives that are instructionally relevant and meet their 
individual needs related to instructional practices for high-need 
students. Additionally, teachers receiving stipends must be allowed the 
flexibility to replace a significant portion (no less than 20 percent) 
of existing mandatory professional development with such teacher-
directed learning, which must also be allowed to fully count toward any 
mandatory teacher professional development goals (e.g., professional 
development hours required as part of certification renewal, designated 
professional days mandated by districts).
    Priority 2--State Educational Agency Partnership.
    Under this priority, an applicant must demonstrate it has 
established a partnership between an eligible entity and an SEA (with 
either member of the partnership serving as the applicant) to support 
the proposed project.
    Priority 3--Local Educational Agency Partnership.
    Under this priority, an applicant must demonstrate it has 
established a partnership between an eligible entity and an LEA (with 
either member of the partnership serving as the applicant) to support 
the proposed project.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This document does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This document does not solicit applications. In any year 
in which we choose to use one or more of these priorities, we invite 
applications through a notice in the Federal Register.


[[Page 45626]]



Final Requirements

    This notice contains eight requirements. We may apply one or more 
of these requirements in any year in which this program is in effect.
    An applicant must--
    (a) Describe the pool of teachers eligible to request a stipend, 
including whether the applicant intends to prioritize eligibility based 
on content areas, strategic staffing initiatives, or other factors (and 
including a rationale for how such a determination addresses the needs 
of high-need students, as defined by the applicant);
    (b) Describe the anticipated level of teacher participation, 
including--
    (1) Current information on teacher satisfaction with existing 
professional learning;
    (2) Details on the planned outreach strategy to communicate the 
stipend opportunity to eligible teachers;
    (3) A summary of the ways in which teachers were involved in 
developing the proposed project; and
    (4) A plan for how to include teachers in key decisions about the 
stipend system;
    (c) Describe the proposed stipend structure, including--
    (1) Estimated dollar amount per stipend, including associated 
expenses related to the professional learning (e.g., materials, 
transportation, etc.);
    (2) A rationale for how the estimated dollar amount per stipend is 
sufficient to ensure access to professional learning activities that 
are, at minimum, comparable in quality, frequency, and duration to the 
professional development other non-participating teachers will receive 
in a given year;
    (3) Mechanisms to protect against fraud, waste, and abuse (e.g., 
monitoring systems, reviews for conflicts of interest); and
    (4) Plans for how the applicant will select participants if there 
is more interest than available stipends (e.g., prioritizing by student 
need or teacher need, content area, human capital priorities, rubric-
based review of requests, lottery);
    (d) Describe details about the stipend system, including--
    (1) How the applicant will update its policies to offer stipends to 
teachers such that a significant portion (no less than 20 percent) of 
existing mandatory professional development is replaced by teacher-
directed professional learning, including--
    (i) The professional development days or activities from which 
participating teachers will be released in order to enable teacher-
directed learning opportunities and to ensure that teacher-directed 
learning replaces a significant portion of existing mandatory 
professional development; or
    (ii) Other methods in which participating teachers will be given 
the flexibility to participate in teacher-directed learning (e.g., by 
providing release from and substitute teacher coverage during regular 
instructional days) and how such methods will also ensure participating 
teachers are released from a significant portion of existing 
professional development requirements;
    (2) How the applicant will ensure that teacher-directed learning 
will fully substitute for mandatory professional development in meeting 
mandatory professional development goals or activities (e.g., 
professional development hours required as part of certification 
renewal, district- or contract-required professional development 
hours);
    (3) How the applicant will provide information to teachers about 
professional learning options not previously available to teachers 
(e.g., list of innovative options, qualified providers, other 
resources); and
    (4) In addition to any list of professional learning options or 
providers identified by the applicant, mechanisms for teachers to 
independently select different high-quality, instructionally relevant 
professional learning activities connected to the achievement and 
attainment of high-need students (based on teacher-identified needs 
such as self-assessment surveys, student assessment data, and 
professional growth plans);
    (e) Describe strategies for supporting teachers' implementation of 
changes in instructional practice as a result of their professional 
learning;
    (f) Describe the process for managing the stipend system, 
including--
    (1) For professional learning options that are among a list of 
options identified by the applicant: The processes for teachers to 
submit their requests to participate in those options in place of a 
previously required training and the processes for direct vendor 
payment using the stipend; and
    (2) For professional learning options selected by a teacher that 
are not on the applicant's list of options: How the applicant will 
determine that the activity meets the definition of ``professional 
learning'' and is reasonable, and what processes the applicant will 
implement to ensure payment or timely reimbursement to teachers;
    (g) Describe the proposed strategy to expand the use of 
professional learning stipends (pending the results of the evaluation), 
including--
    (1) Plans for continuously improving the stipend system in order 
to, over time, offer more teachers the opportunity to engage in 
teacher-directed professional learning and, for participating teachers, 
ensure a higher percentage of all mandatory professional learning is 
teacher-directed; and
    (2) Mechanisms for incorporating effective practices discovered 
through teacher-directed professional learning into the professional 
development curriculum for all teachers; and
    (h) Provide an assurance that--
    (1) At a minimum, the SEA or LEA involved in the project (as an 
applicant, partner, or implementation site) will maintain its current 
fiscal and administrative levels of effort in teacher professional 
development and allow the professional learning activities funded 
through the stipends to supplement the level of effort that is 
typically supported by the applicant;
    (2) Project funds will only be used for instructionally relevant 
professional learning activities and not solely for obtaining advanced 
degrees, taking or preparing for licensure exams, or for pursuing 
personal enrichment activities; and
    (3) Projects will allow for a variety professional learning options 
for teachers and not limit use of the stipend to an overly restrictive 
set of choices (for example, professional learning provided only by the 
applicant or partners, specific pedagogical or philosophical 
viewpoints, or organizations with specific methodological stances). The 
applicant and any application partners will not be the primary 
financial beneficiaries of the professional learning stipends, and 
there is no conflict between the applicant, any application partner, 
and the purpose of providing teachers the autonomy to select their own 
professional learning opportunities.
    FINAL DEFINITION:
    This notice includes one final definition. We may apply this 
definition in any year in which this program is in effect.
    Professional learning means instructionally relevant activities to 
improve and increase classroom teachers'--
    (1) Content knowledge;
    (2) Understanding of instructional strategies and intervention 
techniques for high-need students, including how best to analyze and 
use data to inform such strategies and techniques; and
    (3) Classroom management skills to better support high-need 
students.

[[Page 45627]]

    Professional learning must be job-embedded or classroom-focused, 
collaborative, data-driven, part of a sustained and intensive program, 
and related to the achievement and attainment of high-need students. 
Professional learning may include innovative activities such as peer 
shadowing opportunities, virtual mentoring, online modules, 
professional learning communities, communities of practice, action 
research, micro-credentials, and coaching support.
    FINAL SELECTION CRITERIA:
    This notice contains eight selection criteria for evaluating an 
application under this program. We may apply one or more of these 
selection criteria in any year in which this program is in effect.
    (a) The sufficiency of the stipend amount to enable professional 
learning funded through the stipend to replace a significant portion of 
existing mandatory professional development for participating teachers.
    (b) The adequacy of plans to ensure that stipends are appropriately 
used for high-quality professional learning.
    (c) The extent to which the proposed project will offer teachers 
flexibility and autonomy regarding the extent of the choice teachers 
have in selecting their professional learning.
    (d) The likelihood that the procedures and resources for teachers 
result in a simple process to select or request professional learning 
based on their professional learning needs and those identified needs 
of high-need students.
    (e) The likelihood that the professional learning supported through 
the stipends will result in sustained positive changes in teachers' 
instructional practices.
    (f) The likelihood that the professional learning supported through 
the stipends will result in improved student outcomes.
    (g) The extent to which the proposed payment structure will enable 
teachers to have an opportunity to apply for and use the stipend with 
minimal burden.
    (h) The adequacy of procedures for leveraging the stipend program 
to inform continuous improvement and systematic changes to professional 
learning.
    (i) The extent to which professional learning funded through the 
stipend will replace existing mandatory professional development for 
participating teachers.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, it must be determined whether this 
regulatory action is ``significant'' and, therefore, subject to the 
requirements of the Executive order and subject to review by the Office 
of Management and Budget (OMB). Section 3(f) of Executive Order 12866 
defines a ``significant regulatory action'' as an action likely to 
result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866. 
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the 
Office of Information and Regulatory Affairs designated this rule as 
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
    Under Executive Order 13771, for each new rule that the Department 
proposes for notice and comment or otherwise promulgates that is a 
significant regulatory action under Executive Order 12866, and that 
imposes total costs greater than zero, it must identify two 
deregulatory actions. For Fiscal Year 2020, any new incremental costs 
associated with a new regulation must be fully offset by the 
elimination of existing costs through deregulatory actions. Because the 
regulatory action is not significant, the requirements of Executive 
Order 13771 do not apply.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these final priorities, requirements, definition, 
and selection criteria only on a reasoned determination that their 
benefits justify their costs. In choosing among alternative regulatory 
approaches, we selected those approaches that maximize net benefits. 
Based on the analysis that follows, the Department believes that this 
regulatory action is consistent with the principles in Executive Order 
13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    Summary of Costs and Benefits: The Department believes that these 
final priorities, requirements, definition, and selection criteria will 
not impose significant costs on the entities eligible to apply for EIR. 
We also believe that the benefits of implementing the final priorities 
justify any associated costs.

[[Page 45628]]

    The potential costs are those resulting from statutory requirements 
and those we have determined as necessary for administering the 
Department's programs and activities. Entities selected for awards 
under section 4611 of the ESEA will be able to pay the costs associated 
with implementing projects related to teacher-directed professional 
learning experiences with grant funds. Thus, the costs of these final 
priorities, requirements, definition, and selection criteria will not 
be a significant burden for any eligible applicant.
    Priority 1 gives the Department the opportunity to elevate the 
teaching profession by increasing the available funds for professional 
learning while requiring that applicants maintain current levels of 
investment. Additionally, by acknowledging teachers' ability to 
identify their professional learning needs and empowering them to 
select professional learning opportunities to meet those needs, we 
believe that this priority could result in a number of changes 
including reducing personal costs that teachers incur when they must 
pay for professional learning that they want through their own means if 
their school, district, or State will not pay for the professional 
learning. We also believe that teachers are more likely to have a 
committed investment in professional learning that they select, thereby 
enhancing the benefits of professional learning, including, but not 
limited to, increased knowledge and skills. Such changes have the 
potential to change instructional practices in ways that will improve 
student outcomes.
    Priorities 2 and 3 may have the result of shifting at least some of 
the Department's grants among eligible entities by giving the 
Department the opportunity to prioritize partnerships that might be 
well suited to achieve the purposes of Priority 1. By prioritizing 
projects that are supported by an SEA or LEA--entities that establish 
professional development requirements--the Department is increasing the 
likelihood that such teacher-driven approaches can be implemented more 
widely, should they be determined as more effective. Because these 
final priorities would neither expand nor restrict the universe of 
eligible entities for any Department grant program, and since 
application submission and participation in our discretionary grant 
programs is voluntary, there are not costs associated with this 
priority.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this final regulatory action will not have a significant economic 
impact on a substantial number of small entities. The U.S. Small 
Business Administration Size Standards define ``small entities'' as 
for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this regulatory action would affect are 
public or private nonprofit agencies and organizations, including 
institutions of higher education, that may apply. We believe that the 
costs imposed on an applicant by the final priorities, requirements, 
definition, and selection criteria will be limited to paperwork burden 
related to preparing an application and that the benefits of 
implementing these final priorities will outweigh any costs incurred by 
the applicant.
    Of the impacts we estimate accruing to grantees or eligible 
entities, all are voluntary and related mostly to an increase in the 
availability of teacher-selected professional learning. Therefore, we 
do not believe that the final priorities, requirements, definition, and 
selection criteria will significantly impact entities beyond the 
potential for receiving additional support should the entity receive a 
competitive grant from the Department.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information, in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: The public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    The final program priorities, requirements, definition, and 
selection criteria contain information collection requirements (ICR) 
for the program application package. As a result of the revisions to 
these sections, we are submitting the grant application package with 
OMB control number 1855-0021 for a reinstatement with change. In Table 
1 below, we assume 50 applicants each spend 30 hours preparing their 
applications.

                            Table 1--EIR Grants Program Information Collection Status
----------------------------------------------------------------------------------------------------------------
                                                                             Proposed
         OMB control No.                Expiration        Current burden   burden (total   Proposed action under
                                                           (total hours)      hours)            final rule
----------------------------------------------------------------------------------------------------------------
1855-0021.......................  July 31, 2023.........           1,500           1,500  Reinstatement with
                                                                                           change of 1855-0021.
----------------------------------------------------------------------------------------------------------------

    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document 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

[[Page 45629]]

Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2020-15993 Filed 7-28-20; 8:45 am]
BILLING CODE 4000-01-P