[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Proposed Rules]
[Pages 23304-23309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09371]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2021-OESE-0044]
Proposed Priorities and Definitions--Education Innovation and
Research--COVID-19 and Equity
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities and definitions.
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SUMMARY: The Department of Education (Department) proposes priorities
and definitions under the Education Innovation and Research (EIR)
program, Assistance Listing Numbers 84.411A/B/C. The Department may use
these priorities and definitions for competitions in fiscal year (FY)
2021 and later years. The Department proposes these priorities and
definitions to support competitions under the EIR program for the
purpose of developing, implementing, and evaluating projects designed
to enhance instructional practice and improve achievement and
attainment for high-need students in two key policy areas: Innovative
approaches to addressing the impact of the novel coronavirus 2019
(COVID-19) pandemic on students and educators (namely, the interruption
of traditional patterns of education due to school closures and the
disproportionate social, emotional, physical and mental health, and
academic impacts on particular student groups); and promoting equity in
students' access to educational resources and opportunities. The
Department believes that these priorities and definitions are essential
to enable applicants to respond to the COVID-19 pandemic and address
equity issues.
DATES: We must receive your comments on or before June 2, 2021.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``FAQ.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about the proposed priorities and
definitions, address them to Ashley Brizzo, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E334, Washington, DC 20202.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Ashley Brizzo, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E344, 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: Invitation to Comment: We invite you to
submit comments regarding the proposed priorities and definitions. To
ensure that your comments have maximum effect in developing the notice
of final priorities and definitions, we urge you to clearly identify
the priority and definition that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from these
proposed priorities and definitions. Please let us know of any further
ways we could reduce potential costs or increase potential benefits
while preserving the effective and efficient administration of the
program.
During and after the comment period, you may inspect all public
comments about the proposed priorities and definitions by accessing
Regulations.gov. Due to the COVID-19 pandemic, the Department buildings
are currently not open to the public. However, upon reopening you may
also inspect the comments in person at 400 Maryland Avenue SW, Room
3E344, Washington, DC, between the hours of 8:30 a.m. and 4 p.m.,
Eastern time, Monday through Friday of each week except Federal
holidays. Please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priorities and definitions.
If you want to schedule an appointment for this type of accommodation
or auxiliary aid, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
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. The EIR program includes Expansion grants
(84.411A), Mid-phase grants (84.411B), and Early-phase grants
(84.411C).
Program Authority: Section 4611 of the ESEA, 20 U.S.C. 7261.
Proposed priorities:
[[Page 23305]]
This notice contains two proposed priorities.
Proposed Priority 1--Innovative Approaches to Addressing the Impact
of COVID-19 on Underserved Students and Educators.
Background: COVID-19 has caused unprecedented disruption in schools
across the country and drawn renewed attention to the ongoing
challenges for underserved students (as defined in this notice). In
response to the pandemic, educators have mobilized and continue to
address the needs of all students. Researchers and educators are now
working to understand and address the impact of inconsistent access to
instruction, services, and supports, and other challenges.
State educational agencies, local educational agencies, and
nonprofit organizations play essential roles in building capacity at
the State and local level both to respond to current crises and also
create the systems and structures to support long-term change. The
Department is interested in projects that develop and evaluate
evidence-based innovations for addressing the impact of COVID-19 in
ways that accelerate learning for students and address students'
social, emotional, physical and mental health, and academic needs, with
a focus on targeting resources and supports to underserved students.
The EIR program statute refers to ``high-need students.'' In addressing
the needs of underserved students, the requirement for serving ``high-
need students'' can also be addressed.
The Department seeks innovative strategies under this priority that
support students' success in the classroom; are delivered by qualified
individuals (based on requirements established by the applicant) who
receive adequate training and support; and are aligned with the
district's curriculum and effective practices.
Proposed Priority:
Projects designed to address the needs of underserved students and
educators most impacted by COVID-19 through--
(a) Collaborating with key stakeholders, such as families,
caretakers, students, educators, and community leaders, to assess and
understand students' social, emotional, physical and mental health, as
well as academic needs, in light of historical educational inequities
and the impact of the COVID-19 pandemic; and,
(b) Developing and implementing strategies to address those needs
through one or more of the following:
(1) Re-engaging students and strengthening relationships between
educators and students.
(2) Supporting district- and school-wide use of personalized
learning (as defined in this notice).
(3) Utilizing multi-tier systems of support (as defined in this
notice).
(4) Providing educators with professional development and resources
to use trauma-informed practices.
(5) Creating or supporting equitable and inclusive learning
environments in schools.
(6) Ensuring students have access to additional specialized
instructional support personnel (as defined in this notice) during
their school day, at their school site.
(7) Finding and supporting students experiencing homelessness,
including those not attending school during the pandemic.
(7) Providing additional supports to educators to address their
mental health and well-being and instructional practice needs.
(9) Providing evidence-based supports and educational opportunities
to accelerate grade-level student learning (especially for underserved
students) through instructional practice, including those supported by
technology in ways that do not contribute to tracking or remediation,
which may include one or both of the following--
(i) High-quality tutoring (as defined in this notice), summer
learning and enrichment, or opportunities for high-quality expanded
learning time (as defined in this notice) as well as implementation of
embedded, high-quality formative assessment to support personalization.
(ii) Providing targeted supports for high school students to
prepare for post-secondary education transition and success.
Proposed Priority 2--Promoting Equity and Adequacy in Student
Access to Educational Resources and Opportunities.
Background: Improving educational equity and adequacy is a priority
for the Nation's education system, with particular emphasis on
supporting underserved students. For example, the Department's 2018
news release on STEM course taking reported that of students enrolled
in Calculus courses, 8 percent were black, when black students
represent 16 percent of high school enrollment. A similar trend exists
for physics courses in which 12 percent of black students were
enrolled. (https://www2.ed.gov/about/offices/list/ocr/docs/stem-course-taking.pdf).
Additionally, during the 2015-16 school year, African American male
students comprised 8 percent of students enrolled and 25 percent of
students who received an out-of-school suspension. National data show
that African American girls are 5.5 times more likely and Native
American girls are 3 times more likely to be suspended from school than
White girls (https://www2.ed.gov/about/offices/list/ocr/docs/school-climate-and-safety.pdf). Research shows, however, that these
disparities are not the result of differences in behavior, but rather
perceptions of student behavior. The Department is interested in
projects that address these discipline disparities given that one among
many concerns is the missed learning opportunities.
Although multiple factors influence teacher impact on student
achievement, data related to experience and certification illuminate
this is one area of equity concern. Schools with high enrollments of
students of color were four times as likely to employ uncertified
teachers as were schools with low enrollments of students of color.
Students in schools with high enrollments of students of color also
have less access to experienced teachers. In these schools, nearly one
in every six teachers is just beginning his or her career, compared to
one in every 10 teachers in schools with low enrollments of students of
color (https://learningpolicyinstitute.org/sites/default/files/product-files/CRDC_Teacher_Access_REPORT.pdf). The Department is interested in
projects that address issues of disparities in teacher certification
and experience given research indicating that fully certified and
experienced teachers relate to student achievement (Boyd, et al., 2006;
Clotfelter, et al., 2007; Darling-Hammond, et al., 2005; Kini &
Podolsky, 2016; Goe, 2007; Ladd & Sorenson, 2017; Podolsky, et al.,
2019).
The Department seeks to support projects that propose innovative
ways to address the various inequities in this country's education
system. This type of innovation will better enable educators to work
toward closing achievement gaps and helping all students succeed in
school and reach toward their future goals.
Underserved students have less access to the educational
opportunities they need to succeed in multiple ways including access to
well-rounded and rigorous coursework; how discipline policies are
applied; and students' more limited access to certified, experienced,
and effective teachers.
The Department seeks projects that develop and evaluate evidence-
based innovations to remedy the inequities in our education system.
Proposed Priority:
[[Page 23306]]
Projects designed to promote equity in access to critical resources
for underserved students in prekindergarten through grade 12 through
one or more of the following:
(a) Addressing inequities in access to fully certified,
experienced, and effective teachers through one or more of the
following activities:
(1) Improving the preparation, recruitment, early career support,
and development of teachers in high-need or hard-to-staff schools.
(2) Reforming hiring, compensation, and advancement systems.
(3) Improving the retention of fully certified (including teachers
certified in the area they are assigned to teach), experienced, and
effective teachers in districts, schools, and classrooms serving high
concentrations of underserved students through one or more of the
following activities:
(i) Providing comprehensive, high-retention pathways into the
profession.
(ii) Creating or enhancing opportunities for teachers' professional
growth and leadership opportunities.
(iii) Delivering collaborative, job-embedded, and sustained
professional development.
(iv) Improving workplace conditions to create opportunities for
successful teaching and learning.
(b) Addressing inequities in access to and success in rigorous,
engaging, and culturally and linguistically responsive teaching and
learning environments that prepare students for college and career
through one or both of the following activities:
(1) Increasing access to and success in middle school courses that
are foundational to advanced coursework in high school; advanced
courses and programs, including Advanced Placement, International
Baccalaureate, high-quality dual or concurrent enrollment (as defined
in this notice), and high-quality early college high school (as defined
in this notice), programs; high-quality STEM programs; or high-quality
career and technical education pathways that are integrated into the
curriculum.
(2) Developing, and expanding access to, programs designed to
provide a well-rounded education (as defined in this notice).
(c) Addressing bias (e.g., implicit and explicit) and creating
inclusive, supportive learning environments.
(d) Including diverse stakeholders (including students) in State
and local education decisions.
(e) Supporting discipline and resource equity through one or both
of the following activities:
(1) Identifying and addressing, in collaboration with students,
families, and educators, policies that result in the disproportionate
use of exclusionary discipline through data collection and analysis
(including school climate surveys) disaggregated by race, sex, English
learner, disability status, gender-identity, and sexual orientation, in
compliance with 20 U.S.C. 1232h and 34 CFR part 98, and other important
variables.
(2) Identifying and addressing issues of equity in access to and
the use of innovative tools, rigorous content, and effective teaching
and learning practices, including by providing job-embedded
professional development to educators on strategies for equitably
integrating educational technology in ways that elevate student
engagement beyond passive use and over-reliance on drill-and-practice
to a more robust, creative, and playful medium.
(f) Addressing policies, practices, and procedures that contribute
to significant disproportionality in special education or programs for
English learners based on race or ethnicity.
(g) Improving the quality of educational programs in juvenile
justice facilities (such as detention facilities and secure and non-
secure placements) or supporting re-entry after release, by linking
youth to education or job training programs.
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 is as
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)).
Proposed Definitions:
Background:
We propose specific definitions for this program to promote a
shared understanding of the scope of activities that could be supported
by this program.
Proposed Definitions:
We propose to establish three definitions for this program (``high-
quality tutoring,'' ``personalized learning,'' and ``underserved
students''). We may apply one or more of these definitions in any year
in which this program is in effect. We also intend to use definitions
from section 8101 of the ESEA, and we provide the specific ESEA
citations in parentheses.
Dual or concurrent enrollment means a program offered by a
partnership between at least one institution of higher education and at
least one local educational agency through which a secondary school
student who has not graduated from high school with a regular high
school diploma is able to enroll in one or more postsecondary courses
and earn postsecondary credit that--
(a) Is transferable to the institutions of higher education in the
partnership; and
(b) Applies toward completion of a degree or recognized educational
credential as described in the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.). (Section 8101(15) of the ESEA)
Early college high school means a partnership between at least one
local educational agency and at least one institution of higher
education that allows participants to simultaneously complete
requirements toward earning a regular high school diploma and earn not
less than 12 credits that are transferable to the institutions of
higher education in the partnership as part of an organized course of
study toward a postsecondary degree or credential at no cost to the
participant or participant's family. (Section 8101(17) of the ESEA)
Expanded learning time means using a longer school day, week, or
year schedule to significantly increase the total number of school
hours, in order to include additional time for--
(a) Activities and instruction for enrichment as part of a well-
rounded education; and
(b) Instructional and support staff to collaborate, plan, and
engage in professional development (including professional development
on family and community engagement) within and across grades and
subjects. (Section 8101(22) of the ESEA)
High-quality tutoring means tutoring that is based on evidence-
based strategies to support students' success in the classroom; is
delivered in individualized or small-group settings; reflects
differentiated support based on
[[Page 23307]]
student need; is aligned with the district's curriculum; has
established standards of intensity and dosage based on level of need;
is delivered by tutors who are well-trained, who are supported with
resources and personnel (such as a tutor coordinator), and who work
closely with the student's teacher of record; and includes instruments
to examine instructional quality and quantity.
Multi-tier system of supports means a comprehensive continuum of
evidence-based, systemic practices to support a rapid response to
students' needs, with regular observation to facilitate data-based
instructional decision-making. (Section 8101(33) of the ESEA)
Personalized learning means instruction that is aligned with
rigorous college- and career-ready standards so that the pace of
learning and the instructional approach are tailored to the needs of
individual learners. Learning objectives and content, as well as the
pace, may all vary depending on a learner's needs. Personalized
learning may also draw on a number of student-centered blended learning
models (e.g., competency-based education, project-based learning,
universal design for learning). In addition, learning activities are
aligned with specific interests of each learner. Data from a variety of
sources (including formative assessments, student feedback, and
progress in digital learning activities), along with teacher
recommendations, are often used to personalize learning.
Specialized instructional support personnel means--
(a) School counselors, school social workers, and school
psychologists; and
(b) Other qualified professional personnel, such as school nurses,
speech language pathologists, and school librarians, involved in
providing assessment, diagnosis, counseling, educational, therapeutic,
and other necessary services (including related services as that term
is defined in section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401)) as part of a comprehensive program to
meet student needs. (Section 8101(47)(A) of the ESEA)
Underserved students means high-need students as determined by the
applicant, which may include one or more of the following:
(a) Students who are living in poverty, especially those students
who are also served by schools with high concentrations of students
living in poverty.
(b) Students of color.
(c) Students who are members of federally recognized Indian Tribes.
(d) English learners.
(e) Students with disabilities.
(f) Disconnected youth, including but not limited to (1) students
who lost significant amounts of in-person instruction as a result of
the COVID-19 pandemic and, or (2) students who did not consistently
participate in remote instruction when offered during school building
closures.
(g) Migrant students.
(h) Students experiencing homelessness.
(i) Lesbian, gay, bisexual, transgender, queer, and intersex
(LGBTQI+) students.
(j) Students in foster care.
(k) Students without documentation of immigration status.
(l) Pregnant, parenting, or caregiving students.
(m) Students impacted by the justice system including formerly
incarcerated students.
(n) Students who are the first in their family to attend
postsecondary education.
(o) Students enrolling in or seeking to enroll in postsecondary
education for the first time at the age of 20 or older.
(p) Students who are working full-time while enrolling in
postsecondary education.
(q) Students who are enrolling in or seeking to enroll in
postsecondary education who are eligible for a Pell Grant.
(r) Adult students with low skills, including those with limited
English proficiency.
Well-rounded education means courses, activities, and programming
in subjects such as English, reading or language arts, writing,
science, technology, engineering, mathematics, foreign languages,
civics and government, economics, arts, history, geography, computer
science, music, career and technical education, health, physical
education, and any other subject, as determined by the State or local
educational agency, with the purpose of providing all students access
to an enriched curriculum and educational experience. (Section 8101(52)
of the ESEA)
References
Boyd, D., Grossman, P., Lankford, H., Loeb, S., & Wyckoff, J.
(2006). How changes in entry requirements alter the teacher
workforce and affect student achievement. Education Finance and
Policy, 1(2), 176-216.
Clotfelter, C.T., Ladd, H.F., & Vigdor, J.L. (2007). How and why do
teacher credentials matter for student achievement? (NBER Working
Paper 12828). Cambridge, MA: National Bureau of Economic Research.
Darling-Hammond, L., Holtzman, D., Gatlin, S.J., & Vasquez Heilig,
J. (2005). Does teacher preparation matter? Evidence about teacher
certification, Teach for America, and teacher effectiveness.
Education Policy Analysis Archives, 13(42). DOI: https://doi.org/10.14507/epaa.v13n42.2005.
Kini, T., & Podolsky, A. (2016). Does teaching experience increase
teacher effectiveness? A review of the research. Palo Alto, CA:
Learning Policy Institute. https://learningpolicyinstitute.org/product/does-teachingexperience-increase-teacher-effectiveness-review-research.
Goe, L. (2007). The link between teacher quality and student
outcomes: A research synthesis. Washington, DC: National
Comprehensive Center for Teacher Quality.
Ladd, H.F., & Sorensen, L.C. (2017). Returns to teacher experience:
Student achievement and motivation in middle school. Education
Finance and Policy, 12(2), 241-279.
Podolsky, A., Darling-Hammond, L., Doss, C., & Reardon, S. (2019).
California's positive outliers: Districts beating the odds. Palo
Alto, CA: Learning Policy Institute. https://learningpolicyinstitute.org/product/positive-outliers-districts-beating-odds.
Final Priorities and Definitions:
We will announce the final priorities and definitions in a document
in the Federal Register. We will determine the final priorities and
definitions after considering responses to the proposed priorities and
definitions and other information available to the Department. This
document does not preclude us from proposing additional priorities and
definitions, 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 and definitions
we invite applications through a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) must determine whether this regulatory action is ``significant''
and, therefore, subject to the requirements of the Executive order and
subject to review by 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;
[[Page 23308]]
(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 proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f)(4) of Executive
Order 12866.
We have also reviewed this proposed 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 on 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 proposed priorities and definitions only on a
reasoned determination that their benefits would justify their costs.
In choosing among alternative regulatory approaches, we selected those
approaches that would maximize net benefits. Based on an analysis of
anticipated costs and benefits, we believe that this proposed
regulatory action is consistent with the principles in Executive Order
13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
Potential Costs and Benefits
In accordance with both 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.
Proposed Priorities 1 and 2 would give the Department the
opportunity to support applicants seeking to address the COVID-19
pandemic and equity issues. We believe that these proposed priorities
and definitions could result in a number of changes, including infusing
funds to support key areas of need related to pandemic-related learning
loss and ongoing challenges of historically underserved students. We
also believe that applicants will be able to leverage these priorities
to propel current efforts to respond to the COVID-19 pandemic and
explore innovative approaches to promoting equity. Such changes have
the potential to change educational opportunities and outcomes for
high-need students.
The Department believes that this proposed regulatory action would
not impose significant costs on eligible entities, whose participation
in our programs is voluntary, and costs can generally be covered with
grant funds. As a result, the proposed priorities and definitions would
not impose any particular burden except when an entity voluntarily
elects to apply for a grant. We believe the benefits would outweigh any
associated costs.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make the proposed
priorities and definitions easier to understand, including answers to
questions such as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
Regulatory Flexibility Act Certification
The Secretary certifies that this proposed regulatory action would
not have a significant economic impact on a substantial number of small
entities. The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant in their field of operation, and
have total annual revenue below $7,000,000. Nonprofit institutions are
defined as small entities if they are independently owned and operated
and not dominant in their field of operation. Public institutions are
defined as small organizations if they are operated by a government
overseeing a population below 50,000.
The small entities that this proposed 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 proposed priorities and
definitions would be limited to paperwork burden related to preparing
an application and that the benefits of these proposed priorities and
definitions would outweigh any costs incurred by the applicant.
Therefore, these proposed priorities and definitions would not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act
The proposed priorities and requirement contain information
collection requirements that are approved by OMB under OMB control
numbers 1894-0006 and 1810-0021. The Expansion grants (84.411A) and
Mid-phase grants (84.411B) programs are approved under OMB control
number 1894-0006. The Early-phase grants program (84.411C) is approved
under the OMB control number 1810-
[[Page 23309]]
0021. The Department will request OMB approval under 1894-0006 for the
Early-phase grants program (84.411C) around the same time this notice
publishes.
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.
Assessment of Educational Impact
In accordance with section 411 of the General Education Provisions
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on
whether the proposed regulations would require transmission of
information that any other agency or authority of the United States
gathers or makes available.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
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 the 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.
Ruth Ryder,
Deputy Assistant Secretary for Policy and Programs, Office of
Elementary and Secondary Education.
[FR Doc. 2021-09371 Filed 4-30-21; 8:45 am]
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