[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74707-74712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25892]


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DEPARTMENT OF EDUCATION


Applications for New Awards; High School Equivalency Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 for the High School 
Equivalency Program (HEP), Assistance Listing Number 84.141A. This 
notice relates to the approved information collection under OMB control 
number 1894-0006.

DATES: 
    Applications Available: November 27, 2020.
    Deadline for Transmittal of Applications: January 22, 2021.
    Deadline for Intergovernmental Review: March 23, 2021.
    Pre-Application Webinar Information: The Department will hold pre-
application workshops via webinar for prospective applicants on Monday, 
November 30, 1:30 p.m. Eastern Time. We will repeat the webinar on 
Tuesday, December 1, 1:30 p.m. Eastern Time.

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

FOR FURTHER INFORMATION CONTACT: Steven Carr, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E321, Washington, DC 20202. 
Telephone: (202) 260-2067. 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 HEP is designed to assist migratory or 
seasonal farmworkers (or immediate family members of such workers) to 
obtain the equivalent of a secondary school diploma and subsequently to 
gain improved employment, enter into military service, or be placed in 
an institution of higher education (IHE) or other postsecondary 
education or training.
    Priorities: This competition includes two competitive preference 
priorities and two invitational priorities. Competitive Preference 
Priority 1 is from the Secretary's Final Supplemental Priorities and 
Definitions for Discretionary Grant Programs (Supplemental Priorities) 
published in the Federal Register on March 2, 2018 (83 FR 9096). In 
accordance with 34 CFR 75.105(b)(2)(iv), Competitive Preference 
Priority 2 is from section 418A(e) of the Higher Education Act of 1965, 
as amended (HEA) (20 U.S.C. 1070d-2(e)). The purpose of HEP aligns with 
priority 9(c) of the Supplemental Priorities, which promotes projects 
aimed at creating or supporting alternative paths to a regular high 
school diploma (as defined in section 8101(43) of the Elementary and 
Secondary Education Act of 1965, as amended) for students whose 
environments outside of school, disengagement with a traditional 
curriculum, homelessness, or other challenges make it more difficult 
for them to complete an educational program.
    Competitive Preference Priorities: For FY 2021 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 5 
points to an application for Competitive Preference Priority 1 and up 
to an additional 15 points to an application for Competitive Preference 
Priority 2, depending on how well the application meets these 
priorities.
    These priorities are:
    Competitive Preference Priority 1--Fostering Flexible and 
Affordable Paths to Obtaining Knowledge and Skills. (Up to 5 points)
    Projects that are designed to address improving collaboration 
between education providers and employers to ensure student learning 
objectives are aligned with the skills or knowledge required for 
employment in in-demand industry sectors or occupations (as defined in 
section 3(23) of the Workforce Innovation and Opportunity Act of 2014).
    Note: Applicants that address Competitive Preference Priority 1 
must

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do so under selection criterion (b) ``Quality of the project design.''
    Competitive Preference Priority 2--Consideration of Prior 
Experience. (Up to 15 points)
    Projects that are expiring (current HEP grantees in their final 
budget period) will be considered for additional points under 
Competitive Preference Priority 2. In accordance with section 418A(e) 
of the HEA, the Department will award up to 15 points for this 
priority. In accordance with 34 CFR 206.31, the Secretary will consider 
the applicant's prior experience in implementing its expiring HEP 
project, based on information that includes the number of HEP 
participants served; the percentage of HEP participants exiting the 
program having received a High School Equivalency (HSE) diploma; the 
percentage of HSE diploma recipients who enter postsecondary education 
or training programs, upgraded employment, or the military; and the 
extent to which the applicant met administrative requirements.
    Note: Competitive Preference Priority 2 applies to expiring 
projects (current HEP grantees in their final budget period) that 
received their current HEP award in FY 2016.
    Invitational Priorities: For FY 2021 and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, these priorities are invitational priorities. Under 34 CFR 
75.105(c)(1) we do not give an application that meets these 
invitational priorities a competitive or absolute preference over other 
applications.
    These priorities are:
    Invitational Priority 1--New Potential Grantees
    Projects proposed by ``new potential grantees.'' For the purposes 
of this priority, a new potential grantee is any applicant that has 
never received a grant or subgrant under HEP.
    Note: Prospective applicants, including new potential grantees, for 
the Department's discretionary grant programs that have never received 
a grant from the Department and those that are interested in learning 
more about the process may refer to the following resources:

https://www2.ed.gov/documents/funding-101/funding-101-basics.pdf
https://www2.ed.gov/documents/funding-101/funding-101.pdf

    Invitational Priority 2--Support for Remote Learning
    Projects designed to adopt and support models that leverage 
technology (e.g., universal design for learning, competency-based 
education, or hybrid/blended learning) and provide high-quality digital 
learning content, application, and tools. Remote learning means 
programming where at least part of the learning occurs away from the 
physical building in a manner that addresses a learner's educational 
needs. Remote learning may include online, hybrid/blended learning, or 
non-technology-based learning (e.g., lab kits, project supplies, paper 
packets). Competency-based education (also called proficiency-based or 
master-based learning) means learning based on knowledge and skills 
that are transparent and measurable. Progression is based on 
demonstrated mastery of what students are expected to know (knowledge) 
and be able to do (skills), rather than seat time or age.
    Definitions: The definitions of ``migrant farmworker'' and 
``seasonal farmworker'' are from 34 CFR 206.5. The definitions of 
``demonstrates a rationale,'' ``experimental study,'' ``logic model,'' 
``project component,'' ``promising evidence,'' ``quasi-experimental 
design study,'' and ``What Works Clearinghouse Handbooks (WWC 
Handbooks)'' are from 34 CFR 77.1. The definition of ``in-demand 
industry sector or occupation'' is from Section 3(23) of the Workforce 
Innovation and Opportunity Act of 2014 (WIOA).
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Experimental study means a study that is designed to compare 
outcomes between two groups of individuals (such as students) that are 
otherwise equivalent except for their assignment to either a treatment 
group receiving a project component or a control group that does not. 
Randomized controlled trials, regression discontinuity design studies, 
and single-case design studies are the specific types of experimental 
studies that, depending on their design and implementation (e.g., 
sample attrition in randomized controlled trials and regression 
discontinuity design studies), can meet What Works Clearinghouse (WWC) 
standards without reservations as described in the WWC Handbooks:
    (i) A randomized controlled trial employs random assignment of, for 
example, students, teachers, classrooms, or schools to receive the 
project component being evaluated (the treatment group) or not to 
receive the project component (the control group).
    (ii) A regression discontinuity design study assigns the project 
component being evaluated using a measured variable (e.g., assigning 
students reading below a cutoff score to tutoring or developmental 
education classes) and controls for that variable in the analysis of 
outcomes.
    (iii) A single-case design study uses observations of a single case 
(e.g., a student eligible for a behavioral intervention) over time in 
the absence and presence of a controlled treatment manipulation to 
determine whether the outcome is systematically related to the 
treatment.
    In-demand industry sector or occupation means (i) 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 (ii) 
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.
    The determination of whether an industry sector or occupation is 
in-demand under this definition shall be made by the State board or 
local board, as appropriate, using State and regional business and 
labor market projections, including the use of labor market 
information.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    Migrant farmworker means a seasonal farmworker--as defined in this 
notice--whose employment required travel that precluded the farmworker 
from returning to his or her domicile (permanent place of residence) 
within the same day.
    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).
    Promising evidence means that there is evidence of the 
effectiveness of a key project component in improving a

[[Page 74709]]

relevant outcome, based on a relevant finding from one of the 
following:
    (i) A practice guide prepared by WWC reporting a ``strong evidence 
base'' or ``moderate evidence base'' for the corresponding practice 
guide recommendation;
    (ii) An intervention report prepared by the WWC reporting a 
``positive effect'' or ``potentially positive effect'' on a relevant 
outcome with no reporting of a ``negative effect'' or ``potentially 
negative effect'' on a relevant outcome; or
    (iii) A single study assessed by the Department, as appropriate, 
that--
    (A) Is an experimental study, a quasi-experimental design study, or 
a well-designed and well-implemented correlational study with 
statistical controls for selection bias (e.g., a study using regression 
methods to account for differences between a treatment group and a 
comparison group); and
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome.
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental study by identifying a 
comparison group that is similar to the treatment group in important 
respects. This type of study, depending on design and implementation 
(e.g., establishment of baseline equivalence of the groups being 
compared), can meet WWC standards with reservations, but cannot meet 
WWC standards without reservations, as described in the WWC Handbook.
    Seasonal farmworker means a person whose primary employment was in 
farmwork on a temporary or seasonal basis (that is, not a constant 
year-round activity) for a period of at least 75 days within the past 
24 months.
    What Works Clearinghouse Handbooks (WWC Handbooks) means the 
standards and procedures set forth in the WWC Standards Handbook, 
Versions 4.0 or 4.1, and WWC Procedures Handbook, Versions 4.0 or 4.1, 
or in the WWC Procedures and Standards Handbook, Version 3.0 or Version 
2.1 (all incorporated by reference, see Sec.  77.2). Study findings 
eligible for review under WWC standards can meet WWC standards without 
reservations, meet WWC standards with reservations, or not meet WWC 
standards. WWC practice guides and intervention reports include 
findings from systematic reviews of evidence as described in the WWC 
Handbooks documentation.
    Program Authority: 20 U.S.C. 1070d-2.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget (OMB) 
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. (d) The regulations 
for this program in 34 CFR part 206. (e) The Migrant Education Program 
(MEP) definitions in 34 CFR 200.81. (f) The National Farmworker Jobs 
Program (NFJP) definitions in 20 CFR 685.110 and eligibility 
regulations in 20 CFR 685.320. (g) The Supplemental Priorities.
    Note: The regulations in 34 CFR part 86 apply to IHEs only.
    Note: The MEP definitions and NFJP definitions and eligibility 
regulations apply to individuals seeking to qualify for HEP based on 
past participation in the MEP or NFJP.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration's budget request for 
FY 2021 does not include funds for this program. However, we are 
inviting applications to allow enough time to complete the grant 
process before the end of the current fiscal year, if Congress 
appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $180,000-$475,000.
    Estimated Average Size of Awards: $470,000.
    Maximum Award: The Department will not make an award exceeding 
$475,000 for a single budget period of 12 months. Under 34 CFR 
75.104(b) the Secretary may reject without consideration or evaluation 
any application that proposes a project funding level that exceeds the 
stated maximum award amount.
    Minimum Award: The Department will not make an award for less than 
the amount of $180,000 for a single budget period of 12 months. Under 
section 418A of the HEA, the Secretary is prohibited from making an 
award for less than the stated award amount. Therefore, we will reject 
any application that proposes a HEP award that is less than the stated 
minimum award amount.
    Note: This approach is intended to promote fairness and 
transparency in the competitive process.
    Estimated Number of Awards: 14.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months (five 12-month budget periods). 
Under section 418(e) of the HEA, except under extraordinary 
circumstances, the Secretary must award grants for a five-year period. 
Under 34 CFR 75.117(b), applicants must submit a budget narrative 
accompanied by a budget form prescribed by the Secretary that provides 
budget information for each budget period of the proposed project 
period. Therefore, we may reject any application that does not propose 
a five-year project period as reflected on the applicant's ED 524 form, 
Section A and budget narrative form, submitted as a part of the 
application.

III. Eligibility Information

    1. Eligible Applicants: An IHE or a private nonprofit organization 
may apply for a grant to operate a HEP project. If a private nonprofit 
organization other than an IHE applies for a HEP grant, that agency 
must plan the project in cooperation with an IHE and must propose to 
operate some aspects of the project with the facilities of that IHE.
    Note: IHE has the meaning given it in sections 101 and 102 of the 
HEA.
    Note: The definitions for ``private'' and ``nonprofit'' are in 34 
CFR 77.1.
    Note: If you are a nonprofit organization, under 34 CFR 75.51, you 
may demonstrate your nonprofit status by providing: (1) Proof that the 
Internal Revenue Service currently recognizes the applicant as an 
organization to which contributions are tax deductible under section 
501(c)(3) of the Internal Revenue Code; (2) a statement from a State 
taxing body or the State attorney general certifying that the 
organization is a nonprofit organization operating within the State and 
that no part of its net earnings may lawfully benefit any private 
shareholder or individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; or (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate.

[[Page 74710]]

    2.a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching. However, consistent with 34 CFR 75.700, which 
requires an applicant to comply with its approved application, an 
applicant that proposes non-Federal matching funds and is awarded a 
grant must provide those funds for each year that the funds are 
proposed.
    b. Indirect Cost Rate Information: This program uses a training 
indirect cost rate. This limits indirect cost reimbursement to an 
entity's actual indirect costs, as determined in its negotiated 
indirect cost rate agreement, or eight percent of a modified total 
direct cost base, whichever amount is less. For more information 
regarding training indirect cost rates, see 34 CFR 75.562. For more 
information regarding indirect costs, or to obtain a negotiated 
indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may award subgrants--to directly carry out project 
activities described in its application--to the following types of 
entities: IHEs and nonprofit organizations. The grantee may award 
subgrants to entities it has identified in an approved application or 
that it selects through a competition under procedures established by 
the grantee.
    4. Other: Projects funded under this competition must budget for a 
three-day Office of Migrant Education annual meeting for HEP Directors 
in the Washington, DC area during each year of the project period. Such 
expenses are allowable uses of grant funds and may be included in the 
proposed project budget. This meeting may be held virtually if 
conditions warrant such format.

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. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for HEP, your application 
may include business information that you consider proprietary. In 34 
CFR 5.11 we define ``business information'' and describe the process we 
use in determining whether any of that information is proprietary and, 
thus, protected from disclosure under Exemption 4 of the Freedom of 
Information Act (5 U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 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, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative. An 
application will not be disqualified if it exceeds the recommended page 
limit.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 and are as follows:
    (a) Need for project. (Up to 10 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project. (Up to 10 
points)
    (b) Quality of the project design. (Up to 24 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable. 
(Up to 7 points)
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs. (Up to 5 points)
    (iii) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population. (Up to 5 points)
    (iv) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice). (Up to 7 points)
    (c) Quality of project services. (Up to 24 points)
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. (Up to 3 points)
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project are

[[Page 74711]]

appropriate to the needs of the intended recipients or beneficiaries of 
those services. (Up to 7 points)
    (ii) The extent to which the services to be provided by the 
proposed project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services. (Up to 7 points)
    (iii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services. (Up to 7 
points)
    (d) Quality of project personnel. (Up to 10 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. (Up to 3 points)
    (3) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel. 
(Up to 7 points)
    (e) Adequacy of resources. (Up to 12 points)
    (1) The Secretary considers the adequacy of resources for the 
proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization. (Up to 4 points)
    (ii) The relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project. 
(Up to 4 points)
    (iii) The extent to which the costs are reasonable in relation to 
the objectives, design, and potential significance of the proposed 
project. (Up to 4 points)
    (f) Quality of the project evaluation. (Up to 20 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project. (Up to 10 points)
    (ii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes. (Up to 5 points)
    (iii) The extent to which the methods of evaluation will, if well 
implemented, produce promising evidence (as defined in this notice) 
about the project's effectiveness. (Up to 5 points)
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3)(ii), 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).
    Additional factors we consider in selecting an application for an 
award are in section 418A of the HEA. In accordance with section 418A, 
the Secretary makes HEP awards based on the number, quality, and 
promise of the applications. Additionally, in accordance with section 
418A, if final FY 2021 HEP and College Assistance Migrant Program 
appropriations exceed $40,000,000, the Secretary will consider the need 
to provide an equitable geographic distribution of HEP awards. The 
Secretary may consider the need to provide equitable geographic 
distribution of HEP awards when--
    1. Two or more applicants receive the same score at the funding 
cutoff for this competition,
    2. The Secretary determines that a geographic region is overserved 
by current HEP projects,
    3. The Secretary determines that a geographic region is underserved 
by current HEP projects, or
    4. Two or more applicants propose to operate similar HEP projects 
in the same geographical region.
    When evaluating a potentially overserved or underserved geographic 
region, the Secretary may consider factors such as migrant or seasonal 
farmworker population data for a State or region, approximate distance 
between current and proposed projects, the type of entity of the 
current or proposed project (e.g., private nonprofit organization, 2-
year IHE, 4-year IHE), and the number of students proposed to be served 
by the current or proposed HEP project.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify

[[Page 74712]]

administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: For the purposes of the Government 
Performance and Results Act of 1993 (GPRA) and reporting under 34 CFR 
75.110, the Department developed the following performance measures to 
evaluate the overall effectiveness of HEP: (1) The percentage of HEP 
participants exiting the program having received a HSE diploma (GPRA 
1), and (2) the percentage of HSE diploma recipients who enter 
postsecondary education or training programs, upgraded employment, or 
the military (GPRA 2).
    Applicants must propose annual targets for these measures and 
establish annual student enrollment targets in their applications. 
Applicants should identify these targets within their application 
abstracts. The national target for GPRA 1 for FY 2021 is that 69 
percent of HEP participants exit the program having received an HSE 
credential. The national target for GPRA 2 for FY 2021 is that 80 
percent of HEP HSE diploma recipients will enter postsecondary 
education or training programs, upgraded employment, or the military. 
The national targets for subsequent years may be adjusted based on 
additional baseline data. Peer reviewers evaluate how well applicants 
propose to meet their application's goals and objectives. Peer 
reviewers will score related selection criteria on the basis of how 
well an applicant addresses these GPRA measures in addition to any 
other goals and objectives included in the application. Therefore, 
applicants will want to consider how to demonstrate a sound capacity to 
provide reliable data on the GPRA measures, including the project's 
annual performance targets for addressing the GPRA performance 
measures, as is required by the OMB-approved annual performance report 
that is included in the application package. All grantees will be 
required to submit, as part of their annual performance report, 
information with respect to these GPRA performance measures.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; Whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, 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), to the extent reasonably practicable.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2020-25892 Filed 11-20-20; 8:45 am]
BILLING CODE 4000-01-P