[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28812-28818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11497]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Native Hawaiian Education Program

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

ACTION: Notice.

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[[Page 28813]]

SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 for the Native Hawaiian 
Education (NHE) program, Assistance Listing Number 84.362A. This is the 
first grant competition for this program under section 11006(2) of the 
American Rescue Plan (ARP) Act of 2021. This notice relates to the 
approved information collection under OMB control number 1894-0006.

DATES: 
    Applications Available: May 28, 2021.
    Deadline for Transmittal of Applications: July 2, 2021.

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: Joanne Osborne, U.S. Department of 
Education, 400 Maryland Avenue SW, room 3E306, Washington, DC 20202. 
Telephone: (202) 401-1265. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the NHE program is to support 
innovative projects that recognize and address the unique educational 
needs of Native Hawaiians. The ARP Act provides an additional $85 
million to support Native Hawaiians and Native Hawaiian communities 
that have been significantly impacted by the novel coronavirus disease 
(COVID-19) pandemic by funding innovative projects that are distinct 
from the projects previously funded under the NHE program. These 
projects must include one or more of the activities authorized under 
section 6205(a)(3) of the Elementary and Secondary Education Act of 
1965, as amended (ESEA). New grantees may propose projects that address 
current needs in the Native Hawaiian community in connection with the 
COVID-19 pandemic. Existing grantees may propose either new projects to 
address newly identified needs in response to COVID-19 or projects that 
build on and leverage current NHE-funded activities to address the 
additional impacts of COVID-19.
    Although there are many types of activities authorized under 
section 6205(a)(3) of the ESEA, NHE ARP program funding may not be used 
for the acquisition of real property or construction under 34 CFR 
75.533. However, this general prohibition on construction and 
acquisition of real property does not extend to activities that meet 
the definition of ``minor remodeling'' under 34 CFR 77.1. For more 
information, see the Funding Restrictions section of this notice.
    Background: The NHE program traditionally serves the unique 
educational needs of Native Hawaiians and recognizes the roles of 
Native Hawaiian languages and cultures in the educational success and 
long-term well-being of Native Hawaiian students. The program supports 
effective supplemental education programs that maximize participation 
of Native Hawaiian educators and leaders in the planning, development, 
implementation, management, and evaluation of programs designed to 
serve Native Hawaiians. Funding is provided in the ARP Act for awards 
to NHE-eligible entities for the NHE activities authorized under 
section 6205(a)(3) of the ESEA with the purpose of supporting 
educational opportunities for Native Hawaiians who, and Native Hawaiian 
communities that, have been significantly impacted by the COVID-19 
pandemic.
    In order to target projects that will leverage the additional NHE 
ARP funding, the Department is establishing two distinct priorities. 
Applicants must address one of the two absolute priorities. Applicants 
have the option, under Absolute Priority 1, to propose to fund 
activities authorized under section 6205(a)(3) of the ESEA. The 
Department will award multiple grants under Absolute Priority 1. In 
contrast, the Department will award only one grant under Absolute 
Priority 2. Absolute Priority 2 solicits applications that adopt a 
statewide approach to addressing the unique educational needs of Native 
Hawaiians through a focus on the collection of data to inform research 
on the educational status and needs of Native Hawaiian children and 
adults. Absolute Priority 2 solicits applications for activities 
currently allowed under section 6205(a)(3) of the ESEA but expands the 
priority to focus on a statewide approach to the allowable activities.
    Each absolute priority supports identified needs in the Native 
Hawaiian community. Absolute Priority 1 allows for multiple local or 
regional grants to be funded consistent with previous NHE grant 
competitions. Through Absolute Priority 2, the Department intends to 
expand statewide research and data collection activities to better 
determine the educational status and needs of Native Hawaiian children 
and adults.
    Priorities: This notice contains two absolute priorities. 
Consistent with 34 CFR 75.105(b)(2)(v), Absolute Priority 1 is from the 
activities authorized by section 6205(a)(3) of the ESEA. We are 
establishing Absolute Priority 2 for the FY 2021 grant competition and 
any subsequent year in which we make awards from the list of unfunded 
applications from this competition, in accordance with section 
437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 
1232(d)(1).
    Each applicant must address only one absolute priority. In the FY 
2021 NHE grant competition, Absolute Priorities 1-2 constitute their 
own funding categories. The Secretary intends to award multiple grants 
under Absolute Priority 1 and one grant under Absolute Priority 2, 
provided that applications of sufficient quality are submitted. If an 
entity is interested in proposing two separate projects (e.g., one that 
addresses Absolute Priority 1 and another that addresses Absolute 
Priority 2), it must submit a separate application for each project.
    Absolute 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 absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that address one of 
Absolute Priority 1 or Absolute Priority 2. The absolute priority 
addressed must be clearly noted in the Project Abstract section of the 
application. Applications that address Absolute Priority 1 must clearly 
identify which part or parts of the priority the project will address.
    These priorities are:
    Absolute Priority 1: Native Hawaiian Education Activities.
    Projects that address one or more of the following authorized 
activities pursuant to section 6205(a)(3) of the ESEA:
    (a) The development and maintenance of a statewide Native Hawaiian 
early education and care system to provide a continuum of services for 
Native Hawaiian children from the prenatal period of the children 
through age 5.
    (b) The operation of family-based education centers that provide 
such services as--
    (i) Programs for Native Hawaiian parents and their infants from the

[[Page 28814]]

prenatal period of the infants through age 3;
    (ii) Preschool programs for Native Hawaiians; and
    (iii) Research on, and development and assessment of, family-based, 
early childhood, and preschool programs for Native Hawaiians.
    (c) Activities that enhance beginning reading and literacy in 
either the Hawaiian or the English language among Native Hawaiian 
students in kindergarten through grade 3 and assistance in addressing 
the distinct features of combined English and Hawaiian literacy for 
Hawaiian speakers in grades 5 and 6.
    (d) Activities to meet the special needs of Native Hawaiian 
students with disabilities, including--
    (i) The identification of such students and their needs;
    (ii) The provision of support services to the families of such 
students; and
    (iii) Other activities consistent with the requirements of the 
Individuals with Disabilities Education Act.
    (e) Activities that address the special needs of Native Hawaiian 
students who are gifted and talented, including--
    (i) Educational, psychological, and developmental activities 
designed to assist in the educational progress of those students; and
    (ii) Activities that involve the parents of those students in a 
manner designed to assist in the educational progress of such students.
    (f) The development of academic and vocational curricula to address 
the needs of Native Hawaiian children and adults, including curriculum 
materials in the Hawaiian language and mathematics and science 
curricula that incorporate Native Hawaiian tradition and culture.
    (g) Professional development activities for educators, including--
    (i) The development of programs to prepare prospective teachers to 
address the unique needs of Native Hawaiian students within the context 
of Native Hawaiian culture, language, and traditions;
    (ii) In-service programs to improve the ability of teachers who 
teach in schools with high concentrations of Native Hawaiian students 
to meet the unique needs of such students; and
    (iii) The recruitment and preparation of Native Hawaiians, and 
other individuals who live in communities with a high concentration of 
Native Hawaiians, to become teachers.
    (h) The operation of community-based learning centers that address 
the needs of Native Hawaiian students, parents, families, and 
communities through the coordination of public and private programs and 
services, including--
    (i) Early childhood education programs;
    (ii) Before, after, and summer school programs, expanded learning 
time, or weekend academies;
    (iii) Career and technical education programs; and
    (iv) Programs that recognize and support the unique cultural and 
educational needs of Native Hawaiian children, and incorporate 
appropriately qualified Native Hawaiian elders and seniors.
    (i) Activities, including program co-location, to enable Native 
Hawaiians to enter and complete programs of postsecondary education, 
including--
    (i) Family literacy services; and
    (ii) Counseling, guidance, and support services for students.
    (j) Research and data collection activities to determine the 
educational status and needs of Native Hawaiian children and adults.
    (k) Other research and evaluation activities related to programs 
carried out under title VI, part B of the ESEA.
    (l) Other activities, consistent with the purposes of title VI, 
part B of the ESEA, to meet the educational needs of Native Hawaiian 
children and adults.
    Absolute Priority 2: Research and Data Collection Activities.
    Statewide projects that propose research and data collection 
activities to determine the educational status and needs of Native 
Hawaiian children and adults.
    Definitions: The definitions below are from 34 CFR 77.1(c) and 
sections 4310(2), 6207, and 8101 of the ESEA. These definitions apply 
to the FY 2021 grant competition and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition.
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements of this definition;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred 
to as the ``Family Educational Rights and Privacy Act of 1974''), and 
part B of the Individuals with Disabilities Education Act;
    (h) Is a school to which parents choose to send their children, and 
that (1) admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or (2) in the case of a school that has an 
affiliated charter school (such as a school that is part of the same 
network of schools), automatically enrolls students who are enrolled in 
the immediate prior grade level of the affiliated charter school and, 
for any additional student openings or student openings created through 
regular attrition in student enrollment in the affiliated charter 
school and the enrolling school, admits students on the basis of a 
lottery as described in clause (i);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    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

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to improve relevant outcomes. (34 CFR 77.1(c))
    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. (34 CFR 77.1(c))
    Native Hawaiian means any individual who is--
    (a) A citizen of the United States; and
    (b) A descendant of the aboriginal people who, prior to 1778, 
occupied and exercised sovereignty in the area that now comprises the 
State of Hawaii, as evidenced by--
    (1) Genealogical records;
    (2) Kupuna (elders) or Kamaaina (long-term community residents) 
verification; or
    (3) Certified birth records. (Section 6207(2) of the ESEA)
    Native Hawaiian community-based organization means any organization 
that is composed primarily of Native Hawaiians from a specific 
community and that assists in the social, cultural, and educational 
development of Native Hawaiians in that community. (Section 6207(3) of 
the ESEA)
    Native Hawaiian educational organization means a private nonprofit 
organization that--
    (a) Serves the interests of Native Hawaiians;
    (b) Has Native Hawaiians in substantive and policymaking positions 
within the organization;
    (c) Incorporates Native Hawaiian perspective, values, language, 
culture, and traditions into the core function of the organization;
    (d) Has demonstrated expertise in the education of Native Hawaiian 
youth; and
    (e) Has demonstrated expertise in research and program development. 
(Section 6207(4) of the ESEA)
    Native Hawaiian language means the single Native American language 
indigenous to the original inhabitants of the State of Hawaii. (Section 
6207(5) of the ESEA)
    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). (34 
CFR 77.1(c))
    Regular high school diploma (a) means the standard high school 
diploma awarded to the preponderance of students in the State that is 
fully aligned with State standards, or a higher diploma, except that a 
regular high school diploma shall not be aligned to the alternate 
academic achievement standards described in ESEA section 1111(b)(1)(E); 
and (b) does not include a recognized equivalent of a diploma, such as 
a general equivalency diploma, certificate of completion, certificate 
of attendance, or similar lesser credential. (Section 8101(43) of the 
ESEA)
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program. (34 CFR 77.1(c))
    Application Requirement: In order to ensure consistency across all 
NHE programs, we are establishing the following application requirement 
for the FY 2021 grant competition and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, in accordance with section 437(d)(1) of GEPA, 20 U.S.C. 
1232(d)(1): Each applicant for a grant under this program must submit 
the application for comment to the local educational agency (LEA) 
serving students who will participate in the program to be carried out 
under the grant (i.e., Hawaii State Department of Education), and 
include those comments, if any, with the application to the Secretary.
    Program Requirement: In order to ensure consistency across all NHE 
programs, we are establishing the following program requirement for the 
FY 2021 grant competition and any subsequent year in which we make 
awards from the list of unfunded applications from this competition, in 
accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1):
    No more than five percent of funds awarded for a grant under this 
program may be used for administrative costs. This five-percent limit 
does not include indirect costs.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities and requirements. 
Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from 
rulemaking requirements regulations governing the first grant 
competition under a new or substantially revised program authority. 
This is the first grant competition for this program under section 
11006(2) of the ARP Act and therefore qualifies for this exemption. In 
order to ensure timely grant awards, the Secretary has decided to forgo 
public comment on Absolute Priority 2, the application requirement, and 
the program requirement under section 437(d)(1) of GEPA. These 
priorities and requirements will apply to the FY 2021 grant competition 
and any subsequent year in which we make awards from the list of 
unfunded applications from this competition.
    Program Authority: Section 11006(2) of the ARP Act and section 6205 
of the ESEA (20 U.S.C. 7515).
    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 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.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $85,000,000 for three years.
    Estimated Range of Awards:
    (1) Absolute Priority 1: Authorized Native Hawaiian Education 
Activities: $250,000--$950,000 for each 12-month budget period.
    (2) Absolute Priority 2: Research and Data Collection Activities: 
$1,000,000--$3,000,000 for each 12-month budget period.
    Estimated Average Size of Awards:
    (1) Absolute Priority 1: Authorized Native Hawaiian Education 
Activities: $750,000 for each 12-month budget period.
    (2) Absolute Priority 2: Research and Data Collection Activities: 
$2,000,000 for each 12-month budget period.
    Estimated Number of Awards: 36.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible to 
apply under this competition:
    (a) Native Hawaiian educational organizations.
    (b) Native Hawaiian community-based organizations.
    (c) Public and private nonprofit organizations, agencies, and 
institutions with experience in developing or operating Native Hawaiian 
programs or

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programs of instruction in the Native Hawaiian language.
    (d) Charter schools.
    (e) Consortia of the organizations, agencies, and institutions 
described in paragraphs (a) through (c).
    Note: Although State educational agencies (SEAs) and LEAs are not 
eligible entities, applicants are encouraged to partner and coordinate 
with an SEA or LEA in proposing and implementing a project. In 
addition, all applicants must meet the application requirement to 
solicit comments on the proposed project from the LEA and submit those 
comments, if any, with the application.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. 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: No more than five percent of 
funds awarded for a grant under this program may be used for 
administrative costs. This five-percent limit does not include indirect 
costs.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

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 the NHE program, 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 program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    4. Funding Restrictions: As previously noted, NHE ARP program 
funding may not be used for the acquisition of real property or 
construction under 34 CFR 75.533. However, this general prohibition on 
construction and acquisition of real property does not extend to 
activities that meet the definition of ``minor remodeling'' under 34 
CFR 77.1. Examples of permissible ``minor remodeling'' that ARP funds 
may support include minor alterations in a previously completed 
building, for purposes associated with the COVID-19 pandemic. The term 
does not include permanent building construction, structural 
alternations to buildings, building maintenance, or repairs. Some 
examples of permissible minor remodeling, under most circumstances, 
could include, but are not limited to the installation or renovation of 
an HVAC system to help with air filtration to prevent the spread of 
COVID-19, the purchase or lease of temporary trailer classroom units to 
increase social distancing, and the purchase or costs of the 
installation of ``room dividers'' within a previously completed 
building to increase social distancing.
    We reference regulations outlining additional funding restrictions 
in the Applicable Regulations and Administrative Cost Limitation 
sections 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 30 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.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all of the selection 
criteria is 100 points. The maximum score for each criterion is 
included in parentheses following the title of the specific selection 
criterion. Each criterion also includes the factors that reviewers will 
consider in determining the extent to which an applicant meets the 
criterion.
    The selection criteria 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 extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (b) Quality of the project design (up to 30 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 extent to which the proposed 
project demonstrates a rationale (as defined in this notice).
    (c) 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 been 
traditionally underrepresented based on race, color, national origin, 
gender, age, or disability (up to 5 points).
    (3) In addition, the Secretary considers the qualifications, 
including

[[Page 28817]]

relevant training and experience, of key project personnel (up to 5 
points).
    (d) Quality of the management plan (up to 30 points).
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the adequacy of the 
management plan to achieve the objectives of the proposed project on 
time and within budget, including clearly defined responsibilities, 
timelines, and milestones for accomplishing project tasks.
    (e) 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 will provide 
valid and reliable performance data on relevant outcomes (up to 10 
points).
    (ii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible (up to 10 points).
    Note: The project evaluation selection criterion relates to 
performance measure (1) under the Performance Measures section of this 
notice.
    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), 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).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, 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 200.206(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.
    5. In General. In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    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).

[[Page 28818]]

    (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.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    5. Performance Measures: For the purposes of the Government 
Performance and Results Act of 1993 and for Department reporting under 
34 CFR 75.110, we have established four performance measures for the 
NHE program: (1) The number of grantees that attain or exceed the 
targets for the outcome indicators for their projects that have been 
approved by the Secretary; (2) the percentage of Native Hawaiian 
children participating in early education programs who consistently 
demonstrate school readiness in literacy as measured by the Hawaii 
School Readiness Assessment (HSRA); (3) the percentage of students in 
schools served by the program who graduate from high school with a 
regular high school diploma (as defined in this notice) in four years; 
and (4) the percentage of students participating in a Native Hawaiian 
language (as defined in this notice) program that is conducted under 
the NHE program who meet or exceed proficiency standards in reading on 
a test of the Native Hawaiian language.
    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. 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 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.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2021-11497 Filed 5-27-21; 8:45 am]
BILLING CODE 4000-01-P