[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]


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

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.

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

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]
BILLING CODE 4000-01-P