[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34664-34674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14003]


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DEPARTMENT OF EDUCATION

34 CFR Part 75

[Docket ID ED-2021-OPEPD-0054]


Proposed Priorities and Definitions--Secretary's Supplemental 
Priorities and Definitions for Discretionary Grants Programs

AGENCY: U.S. Department of Education.

ACTION: Proposed priorities and definitions.

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SUMMARY: To support a comprehensive education agenda, the Secretary 
proposes six priorities and related definitions for use in 
discretionary grant programs. The Secretary may choose to include an 
entire priority within a grant program or one or more of its subparts. 
These proposed priorities and definitions are intended to replace the 
current supplemental priorities published on March 2, 2018, the 
Opportunity Zones final priority published on November 27, 2019, and 
the Remote Learning priority published on December 30, 2020. However, 
those priorities remain in effect for notices inviting applications 
(NIAs) published before the Department finalizes the proposed 
priorities in this document. Retaining the Administrative Priorities 
published on March 9, 2020, allows us

[[Page 34665]]

to continue to prioritize rural applicants, new applicants, and other 
priorities while the Department continues to examine potential updates 
to the Education Department General Administrative Regulations, which 
may include incorporation of those March 9, 2020, priorities.

DATES: We must receive your comments on or before July 30, 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 Nkemjika Ofodile-Carruthers, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 4W308, 
Washington, DC 20202.
    Privacy Note: The Department of Education's (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: Nkemjika Ofodile-Carruthers, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 4W308, 
Washington, DC 20202. Telephone: (202) 401-4389. 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 final priorities and definitions, 
we urge you to clearly identify the specific section of the proposed 
priority or 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 the 
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 our 
programs.
    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 novel coronavirus 2019 (COVID-19) pandemic, 
the Department buildings are currently not open to the public. However, 
upon reopening, you may also inspect the comments in person in Room 
4W308, 400 Maryland Avenue SW, Washington, DC, between the hours of 
8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday of each 
week except Federal holidays.
    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.
    Program Authority: 20 U.S.C. 1221e-3.
    Proposed Priorities: This document contains six proposed 
priorities.

Background

    The Secretary proposes six priorities and related definitions for 
use in discretionary grant programs to reflect the Secretary's vision 
for American education. This vision includes a respect for the dignity 
and potential of each and every student and their access to educational 
opportunity. These proposed priorities are aligned with evidence-based 
(as defined in this document) and capacity-building approaches to 
addressing various interconnected policy issues in the Nation's 
education system.
    With a focus on creating the conditions under which students have 
equitable access to opportunity, these proposed priorities address a 
variety of areas. In K-12 education, these areas include closing the 
large gaps in funding and opportunity within school districts, schools, 
classrooms, and other learning environments; implementing effective 
approaches to teaching and learning; closing the divides in digital 
access and use; meeting the social, emotional, and academic needs of 
all students and creating safe, nurturing, and inclusive learning 
environments; improving educator diversity; expanding opportunities for 
educators to receive the preparation, support, and respect they need 
and deserve; and expanding access to high-quality early learning (as 
defined in this document). In postsecondary education, the proposed 
priorities address increasing access and success in postsecondary 
education for underserved students (as defined in this document), 
including making college affordable and fostering supportive career 
pathways. In both K-12 and postsecondary education, the proposed 
priorities include a focus on providing all students with access to 
high-quality schools and institutions that prepare them for college and 
career with a balance of quality coursework that includes the arts and 
sciences; ensuring post-enrollment success; supporting preparatory and 
current educator growth; and strengthening high-quality career and 
technical education.
    The Secretary proposes these priorities to advance evidence-based 
and capacity building approaches with an understanding that meeting 
these goals requires multifaceted efforts. For example, rather than a 
priority that is focused solely on educator professional development, 
the proposed priority addresses the needs of all educators, all aspects 
of the educator pipeline, and the diversity of and equitable access to 
those educators. This approach to the priorities provides a vision for 
systems-level approaches that build capacity for long-term change. 
Furthermore, in order to ensure those change efforts are effectively 
targeted to meet the needs of students, these proposed priorities also 
include a focus on specific subgroups of students, such as military- 
and veteran-connected students (as defined in this document), which 
will provide greater flexibility for the Secretary to focus the work of 
grantees on areas of critical need.
    Additionally, regarding each technology reference, all technology 
developed or used under these proposed priorities must be accessible to 
English learners and to individuals with disabilities in accordance 
with Section 504 of the Rehabilitation Act of 1973 and Title II of the 
Americans with Disabilities Act, as applicable.

[[Page 34666]]

    These proposed priorities and definitions are intended to replace 
the current supplemental priorities published on March 2, 2018 (83 FR 
9096), the Opportunity Zones final priority published on November 27, 
2019 (84 FR 65300), and the Remote Learning priority published on 
December 30, 2020 (85 FR 86545); NIAs published before the finalization 
of these proposed priorities that use the current priorities remain in 
effect. At this time, we are retaining the Administrative Priorities 
published on March 9, 2020 (85 FR 13640) while the Department continues 
to examine potential updates to the Education Department General 
Administrative Regulations, which may include incorporation of these 
March 9, 2020, priorities.
    Proposed Priority 1--Addressing the Impact of COVID-19 on Students, 
Educators, and Faculty.
    Background:
    The COVID-19 pandemic negatively affected many students, educators, 
and faculty throughout the country. Although virtually everyone was 
affected to some degree, the pandemic has had a disproportionate impact 
on underserved students and laid bare the unique challenges faced by 
these students. Many of these challenges pre-date the pandemic and will 
be felt for years to come. For example, some of these students were 
already less likely to have access to the resources, such as broadband, 
and student supports required to participate in high-quality remote 
education. Underserved students are also more likely to rely on key 
school- or campus-supported resources such as food programs, special 
education and related services, health services (including mental 
health), counseling, or after-school programs to meet basic or 
developmental needs.\1\ For parents, guardians, or caregivers who have 
less flexible jobs, staying at home to provide childcare or aid with 
remote learning may be impracticable or impossible, which may further 
exacerbate these challenges.\2\
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    \1\ https://learningpolicyinstitute.org/sites/default/files/product-files/Educating_Whole_Child_REPORT.pdf.
    \2\ https://files.eric.ed.gov/fulltext/ED610000.pdf.
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    To mitigate the impact of the COVID-19 pandemic and support safe 
in-person instruction, schools and campuses need sufficient resources, 
close collaboration with local public health officials, and the support 
of community members who commit to following State and local public 
health guidelines. Consistent implementation of effective strategies 
for preventing the transmission of COVID-19 during all school-related 
activities is critical for keeping schools and campuses open. It is 
essential that schools and students receive the resources, technical 
assistance, and other supports necessary to plan and implement 
comprehensive prevention strategies and that administrators, educators, 
and faculty consistently engage students, parents, and community 
partners throughout the process--paying close attention to underserved 
communities including communities of color, which have borne a 
disproportionate burden of COVID-19.\3\
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    \3\ See www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-disparities/index.html.
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    Moving forward, as the effects of the pandemic will be residual and 
last for years, schools will also need to increase their support of 
students' social, emotional, mental health, and academic needs in 
response to the impacts of COVID. As students return to in-person 
learning, they will need ongoing support and innovative approaches to 
learning in the coming years to accelerate learning and succeed. 
Educators may need resources to learn new approaches to supporting 
students, especially in communities that have faced significant loss 
and trauma. In addition, educators may need additional support and 
development to mitigate the longer-term impact of COVID on their own 
well-being. States and districts also need resources to stabilize 
current workforce positions and protect the pipeline into the 
profession.
    The impact of the COVID-19 pandemic changed the education landscape 
for the foreseeable future, especially as students continue to make up 
for lost classroom instruction. However, it also provides an 
opportunity to redesign how schools approach teaching and learning in 
ways that both address long-standing gaps in educational opportunity 
and better prepare students for college and careers. This priority 
would support recovery and innovation to best serve students and 
support educators.
    Proposed Priority:
    Projects that are designed to address the impacts of the COVID-19 
pandemic, including impacts that extend beyond the timing of the 
pandemic itself, the students most impacted by the pandemic, and the 
educators who serve them through one or more of the following priority 
areas:
    (a) Conducting community asset-mapping and needs assessments that 
may include an assessment of the extent to which students have become 
disengaged from learning, including students not participating in in-
person or remote instruction, and specific strategies for reengaging 
and supporting students.
    (b) Providing resources and supports to meet the basic, 
fundamental, health and safety needs of students and educators.
    (c) Addressing students' social, emotional, mental health, and 
academic needs.
    (d) Addressing teacher, faculty, and staff well-being.
    (e) Providing students and educators with access to reliable high-
speed broadband and devices; providing students with access to high-
quality, technology-supported learning experiences that are accessible 
to children or students with disabilities \4\ and educators with 
disabilities to accelerate learning; and providing educators with 
access to job-embedded professional development to support the 
effective use of technology.
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    \4\ In an NIA, the Department would use either ``children with 
disabilities'' or ``students with disabilities,'' depending on which 
term is more appropriate for the program. In this document, we use 
these terms interchangeably.
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    (f) Using technology to enable evidence-based interventions to 
support personalized in-person student learning as well as evidence-
based supplemental activities that extend learning time and increase 
student engagement and, where possible, increase parent engagement.
    (g) Using evidence-based instructional approaches and supports to 
accelerate learning for students in ways that ensure all students have 
the opportunity to successfully meet challenging academic content 
standards without contributing to tracking or remedial courses.
    (h) Using evidence-based instructional approaches or supports to 
better allow individuals who did not enroll in, withdrew from, or 
reduced course loads in postsecondary education or training programs 
due to COVID-19 to enroll, remain enrolled, and complete credit-bearing 
coursework and earn recognized postsecondary credentials.
    Proposed Priority 2--Promoting Equity in Student Access to 
Educational Resources, Opportunities, and Welcoming Environments.
    Background:
    Improving educational equity is a priority for the Biden-Harris 
Administration, with particular focus on supporting underserved 
students. The Department seeks to remedy the deeply rooted inequities 
in this country's education system which when addressed, will better 
allow access to educational opportunity for

[[Page 34667]]

underserved students and enable educators to work toward closing 
achievement gaps.
    Inadequate access to and the inequitable distribution of resources 
negatively affect underserved students' educational experience in a 
number of ways, which may include fewer opportunities for educational 
enrichment, high-quality early learning, well-rounded coursework, and 
high-quality college and career pathways; discriminatory design and 
administration of school discipline and its associated outcomes; and 
limited access to the most prepared, experienced, and effective 
teachers. These factors can limit access to resources and success in 
student learning.
    For example, a December 2020 brief from the National Center for 
Education Statistics at the Department's Institute of Education 
Sciences \5\ reported that a lower percentage of schools in which 75 
percent or more of students were approved for free or reduced-price 
lunch offered dual enrollment opportunities for students than did 
schools with lower participation rates in free or reduced-price lunch 
programs (71 percent, compared with 93 percent for schools in which 35 
to 49 percent of students were approved for free or reduced price 
lunch).
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    \5\ nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2020125.
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    These inequities also include the disproportionate impact of school 
discipline policies on students of color.\6\ For example, during the 
2017-18 school year, African American male students comprised 7.7 
percent of all male students enrolled in grades K-12 but accounted for 
35.4 percent of male students who received one or more out-of-school 
suspensions.\7\ White male students, on the other hand, account for 
24.4 percent of all male students enrolled, but represent 35.5 percent 
of male students who received one or more out-of-school suspensions. 
Black male students are one-third the populace of White male students 
with disproportionate suspensions that lead to greater education 
interruption and can have long-term negative consequences. Data from 
the same year show that African American female students represented 
7.4 percent of the total female enrollment but accounted for 13.3 
percent of female students who receive one or more out-of-school 
suspensions, while White females make up 22.9 percent of the total 
female enrollment and represent 7.99 percent of female students 
receiving one or more out-of-school suspensions. Research suggests that 
these disparities can be exacerbated by or are the result of educators' 
subjective evaluations of students' actions rather than being the 
product of objective differences in student behavior.\8\ English 
learners, LGBTQ+ students, children or students with disabilities (as 
defined in this document), and students from low-income backgrounds 
also experience higher rates of discipline compared to their peers.\9\
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    \6\ http://www.pnas.org/content/116/17/8255.abstract.
    \7\ 2017-18 Civil Rights Data Collection, released October 2020, 
updated May 2021, is available at www2.ed.gov/about/offices/list/ocr/docs/crdc-2017-18.html.
    \8\ www.apa.org/ed/resources/racial-disparities.pdf.
    \9\ Snapp, S. D., & Russell, S. T. (2016). Discipline 
disparities for LGBTQ youth: Challenges that perpetuate disparities 
and strategies to overcome them. In Inequality in school discipline 
(pp. 207-223). Palgrave Macmillan, New York.
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    Finally, underserved students have less access to qualified 
educators. For example, 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.\10\ 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.\11\
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    \10\ https://files.eric.ed.gov/fulltext/EJ990114.pdf.
    \11\ learningpolicyinstitute.org/sites/default/files/product-files/CRDC_Teacher_Access_REPORT.pdf.
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    This proposed priority seeks to address the inequities in our 
education system and better enable students to access the educational 
opportunities they need to succeed in school and reach their future 
goals, in tandem with other Departmental statutes, which require 
applicants to develop and describe plans for equity for students, 
educators, and other program beneficiaries.
    Proposed Priority:
    Projects designed to promote educational equity and adequacy in 
resources and opportunity for underserved students--
    (a) In one or more of the following educational settings:
    (1) Early learning programs.
    (2) Elementary school.
    (3) Middle school.
    (4) High school.
    (6) Out-of-school-time (OST) settings.
    (7) Juvenile justice system or correctional facilities.
    (8) Adult learning; and
    (b) That are designed to examine the sources of inequities related 
to, and implement responses through, one or more of the following:
    (1) Promoting student access to and success in rigorous and 
engaging approaches to learning that are racially, ethnically, 
culturally, and linguistically inclusive and prepare students for 
college, career, and civic life, including one or more of the 
following:
    (i) Student-centered learning models that leverage technology to 
address learner variability (e.g., universal design for learning (as 
defined in this notice), K-12 competency-based education (as defined in 
this notice), project-based learning, or hybrid/blended learning) and 
provide high-quality learning content, applications, or tools.
    (ii) Middle school courses or projects that prepare students to 
participate in advanced coursework in high school.
    (iii) Advanced courses and programs, including dual enrollment and 
early college programs.
    (iv) Project-based and experiential learning, including service and 
work-based learning.
    (v) High-quality career and technical education courses, pathways, 
and industry-recognized credentials that are integrated into the 
curriculum.
    (vi) Science, technology, engineering, and mathematics (STEM), 
including computer science coursework.
    (vii) Civics programs that support students in understanding and 
engaging in American democratic practices,
    (2) Increasing the number and proportion of experienced, fully 
certified, in-field, and effective educators, and educators from 
traditionally underrepresented backgrounds or the communities they 
serve.\12\
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    \12\ All strategies to increase racial diversity of educators 
must comply with non-discrimination requirements, including Title VI 
of the Civil Rights Act of 1964.
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    (3) Improving the preparation, recruitment, and early career 
support and development of educators in high-need fields (as may be 
defined in the program statute or regulations) or hard to staff 
schools.
    (4) Improving the retention of fully certified, experienced, and 
effective educators in high-need schools, and high-need fields.
    (5) Addressing inequities in access to and success in learning 
through racially, ethnically, culturally, and linguistically inclusive 
pedagogical practice in educator preparation programs and professional 
development programs so that educators are better prepared to address 
bias in their classrooms and create inclusive, supportive, equitable, 
and identity-safe learning environments for their students.

[[Page 34668]]

    (6) Using technology to enable evidence-based interventions to 
support student learning in the classroom or support supplemental 
activities that extend learning time and increase student engagement 
and, where possible, increase parent engagement.
    (7) Creating more equitable and adequate approaches to school 
funding.
    (8) Expanding access to high-quality early learning, including in 
school-based and community-based settings.
    (9) Establishing, expanding, or improving learning environments, 
which includes early learning, for multilanguage learners, and 
increasing public awareness about the benefits of fluency in more than 
one language and how the coordination of language development in the 
school and the home improves student outcomes for multilanguage 
learners.
    (10) Establishing, expanding, or improving the engagement of 
underserved community members (including underserved students) in 
informing and making decisions that influence policy and practice at 
the school, district, or State level by elevating their voices and 
their perspectives and providing them with access to opportunities for 
leadership (e.g., establishing student government programs)).
    (11) Improving the quality of educational programs in juvenile 
justice facilities (such as detention facilities and secure and non-
secure placements) or adult correctional facilities.
    (12) Supporting re-entry of, and improving long-term outcomes for, 
youth and adults after release from correctional facilities by linking 
youth or adults to appropriate support, education, or workforce 
training programs.
    (13) Increasing student racial or socioeconomic diversity at 
multiple levels, through one or more of the following:
    (i) Using high-quality data collection methods to identify racial 
and socioeconomic stratification, trends in and contributors to 
stratification, and barriers to racial and socioeconomic diversity.
    (ii) Developing or implementing evidence-based policies or 
strategies that include one or more of the following:
    (A) Ongoing, robust family and community involvement.
    (B) Intra- or inter-district or regional coordination.
    (C) Cross-agency collaboration, such as with housing or 
transportation authorities.
    (D) Alignment with an existing public diversity plan or diversity 
needs assessment.
    (E) Consideration of school assignment or admissions policies that 
are designed to promote socioeconomic diversity and give preference to 
students from low-income backgrounds or students residing in 
neighborhoods experiencing concentrated poverty.
    (iii) Establishing or expanding schools, as well as programs within 
schools, that are designed to attract and foster meaningful 
interactions among substantial numbers of students from different 
racial and/or socioeconomic backgrounds, such as magnet schools.
    (iv) Developing evidence related to, or providing technical 
assistance on, evidence-based policies or strategies designed to 
increase racial and socioeconomic diversity in educational settings.
    Proposed Priority 3--Supporting a Diverse Educator Workforce and 
Professional Growth to Strengthen Student Learning.
    Background:
    In Proposed Priority 3, the Department recognizes that diverse, 
well-prepared, and well-supported educators play a critical role in 
ensuring equity in our education system and student success and 
emphasizes the importance of promoting the continued development and 
growth of educators, including through leadership opportunities. It is 
also important that the diversity of our educator workforce reflect the 
diversity of our Nation. A diverse educator workforce benefits all 
students, and educator diversity in particular can improve school-
related outcomes for students of color. Higher levels of student 
achievement,\13\ enrollment in more rigorous courses,\14\ increased 
referrals to gifted and talented programs,\15\ and reductions in 
exclusionary discipline \16\ have all been noted when students of color 
and educators of color share the classroom. Although no single factor 
is wholly responsible for these findings, research suggests that 
teachers of color are more likely to have higher academic expectations 
for students with whom they share a cultural 
background.17 18 Teachers of color may also be more likely 
to address issues of racism in their schools, by, for example, 
supporting efforts to break down negative stereotypes and prepare all 
students to live and work in a multiracial society.\19\ Teachers of 
color may also be drawn to working with students of color and it has 
been noted that ``three in four teachers of color work in the quartile 
of schools serving the most students of color nationally''.\20\ Because 
teachers of color are more likely to teach in these schools, which 
often also have difficulty hiring adequate numbers of qualified 
teachers, increasing educator diversity can play a critical role in 
addressing teacher shortages.\21\
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    \13\ Egalite, Anna, Brian Kisida, and Marcus A. Winters. 
``Representation in the Classroom: The Effect of Own-race Teachers 
on Student Achievement,'' Economics of Education Review, 45 (April 
2015), 44-52.
    \14\ Grissom, Jason, Sarah Kabourek, and Jenna Kramer. 
``Exposure to Same-race or Same-ethnicity Teachers and Advanced Math 
Course-taking in High School: Evidence from a Diverse Urban 
District,'' Teachers College Record, 122 (2020), 1-42.
    \15\ Grissom, Jason, and Christopher Redding. ``Discretion and 
Disproportionality: Explaining the Underrepresentation of High-
achieving Students of Color in Gifted Programs,'' AERA Open, 2 
(2016), 1-15.
    \16\ Lindsay, Constance, and Cassandra Hart. ``Exposure to Same-
race Teachers and Student Disciplinary Outcomes for Black Students 
in North Carolina,'' Educational Evaluation and Policy Analysis, 39 
(2017), 485-510.
    \17\ Ferguson, Ronald. ``Teachers' Perceptions and Expectations 
and the Black-White Test Score Gap,'' Urban Education, 38 (2003), 
460-507.
    \18\ Gersheson, Seth, Stephen Holt, and Nicholas Papageorge. 
``Who Believes in Me? The Effect of Student-Teacher Demographic 
Match on Teacher Expectations,'' Economics of Education Review, 52, 
(2016), 209-224.
    \19\ Villegas, Ana Mar[iacute]a, and Jacqueline Jordan Irvine. 
``Diversifying the Teaching Force: An Examination of Major 
Arguments,'' The Urban Review, 42 (2010), 175-192.
    \20\ https://learningpolicyinstitute.org/sites/default/files/product-files/Diversifying_Teaching_Profession_REPORT_0.pdf.
    \21\ Villegas, Ana Mar[iacute]a, and Jacqueline Jordan Irvine.
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    Effective teachers, including experienced \22\ teachers who are 
fully certified,\23\ make significant contributions to student academic 
outcomes.24 25 Despite the importance of these 
characteristics, there is significant inequity in students' access to 
well-qualified, experienced, and effective

[[Page 34669]]

teachers,\26\ particularly for students from low-income backgrounds, 
students of color, and children or students with disabilities.
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    \22\ Kini, Tara, and Podolsky, Anne. (2016). Does teaching 
experience increase teacher effectiveness? A review of the research. 
Palo Alto, CA: Learning Policy Institute. https://learningpolicyinstitute.org/product/does-teaching-experience-increase-teacher-effectiveness-review-research.
    \23\ Darling-Hammond, Linda, Deborah Holtzman, Sue Jin Gatlin, 
and Julian Vasquez Heilig. (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.
    \24\ Chetty, Raj, John N. Friedman, and Jonah E. Rockoff. 
``Measuring the Impacts of Teachers II: Teacher Value-Added and 
Student Outcomes in Adulthood,'' American Economic Review, 104(9) 
(2014), 2633-2769.
    \25\ Clotfelter, Charles T., Helen F. Ladd, and Jacob L. Vigdor. 
(2007). How and why do teacher credentials matter for student 
achievement? (NBER Working Paper 12828). Cambridge, MA: National 
Bureau of Economic Research.
    \26\ Isenberg, Eric, Jeffrey Max, Philip Gleason, Matthew 
Johnson, Jonah Deutsch, and Michael Hansen (2016). Do Low-Income 
Students Have Equal Access to Effective Teachers? Evidence from 26 
Districts (NCEE 2017-4007). Washington, DC: National Center for 
Education Evaluation and Regional Assistance, Institute of Education 
Sciences, U.S. Department of Education.
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    As such, it is essential to attract, support, and retain a diverse, 
well-qualified, experienced, and effective pool of educators and the 
first step in that effort is to ensure that candidates have access to 
high-quality comprehensive preparation programs that have high 
standards and provide necessary supports for successful completion. It 
is equally important to support and retain qualified and effective 
educators through practices such as mentoring early career teachers; 
improving working conditions; creating or enhancing opportunities for 
professional growth, including through leadership opportunities; 
providing competitive compensation and opportunities for educators to 
take on leadership roles; and creating conditions for successful 
teaching and learning.
    This proposed priority focuses on strengthening teacher 
recruitment, selection, preparation, support, development, 
effectiveness, recognition, and retention in ways that are consistent 
with the Department's policy goals of supporting teachers as the 
professionals they are and improving outcomes for all students by 
ensuring that students from low-income backgrounds, students of color, 
students with disabilities, English learners, and other underserved 
students have equal access to well-qualified, experienced, diverse, and 
effective educators.
    Proposed Priority:
    Projects that are designed to increase the proportion of well-
prepared, diverse, and effective educators serving students, with a 
focus on underserved students, through one or more of the following 
priority areas:
    (a) Increasing the number of diverse educator candidates who have 
access to an evidence-based comprehensive educator preparation program.
    (b) Increasing the number of teachers with certification in an 
educator shortage area, or advanced certifications from nationally 
recognized professional organizations.
    (c) Promoting knowledge of universal design for learning in 
educator preparation.
    (d) Integrating universal design for learning principles in 
pedagogical practices and classroom features, such as instructional 
techniques, classroom materials and resources, and classroom seating.
    (e) Implementing loan forgiveness or service-scholarship programs 
for educators based on completing service obligation requirements.
    (f) Building or expanding high-poverty school districts' (as may be 
defined in the program statute or regulations) capacity to hire, 
support, and retain an effective and diverse educator workforce, 
through one or more of the following:
    (1) Providing beginning educators with evidence-based mentoring or 
induction programs.
    (2) Adopting or expanding comprehensive, strategic career and 
compensation systems that provide competitive compensation and include 
opportunities for educators to serve as mentors and instructional 
coaches, or to take on additional leadership roles and responsibilities 
for which educators are compensated.
    (3) Developing data systems, timelines, and action plans for 
promoting inclusive and bias-free human resources practices that 
promote and support development of educator and school leader 
diversity.
    (g) Supporting effective instruction and building educator capacity 
through one or more of the following:
    (1) Providing high-quality job-embedded professional development 
opportunities focused on one or more of the following:
    (i) Designing and delivering instruction in ways that are engaging, 
effectively integrate technology, and provide students with 
opportunities to think critically and solve complex problems, apply 
their learning in authentic and real-world settings, communicate and 
collaborate effectively, and develop academic mindsets, including 
through project-based, work-based, or other experiential learning 
opportunities.
    (ii) Supporting students and their families at key transitional 
stages in their education as they enter into one or more of the 
following:
    (A) Elementary school.
    (B) Middle school.
    (C) High school.
    (D) Postsecondary education.
    (E) Work.
    (iii) Meeting the needs of English learners.
    (iv) Meeting the needs of children or students with disabilities, 
including children or students with the most significant disabilities.
    (v) Addressing inequities and bias and developing racially, 
ethnically, culturally, and linguistically inclusive pedagogy.
    (vi) Building meaningful and trusting relationships with students' 
families to support in-home, community-based, and in-school learning.
    (vii) For school leaders, improving mastery of essential 
instructional and organizational leadership skills designed to improve 
teacher and student learning.
    (viii) Supporting teachers in creating safe, healthy, inclusive, 
and productive classroom environments.
    (2) Developing and implementing high-quality assessments (as 
defined in this notice) of and for student learning (including 
curriculum-aligned and performance-based tools aligned with State 
grade-level content standards or, for career and technical education, 
relevant industry standards) and strategies that allow educators to use 
the data from assessments to inform instructional design and classroom 
practices that meet the needs of all students, with a focus on 
underserved students, and providing high-quality professional 
development to support educators in implementing these strategies.
    (h) Increasing educator capacity to collaborate with diverse 
stakeholders to carry-out rapid, iterative cycles of evaluation, such 
as design-based research, improvement science, or other rapid cycle 
techniques, to design, develop, or improve promising innovations that 
are designed to benefit underserved students.
    Proposed Priority 4-- Meeting Student Social, Emotional, and 
Academic Needs.
    Background: The ongoing effects of the dual crises of COVID-19 and 
systemic racism have affected communities across this country. 
Countless students have been exposed to trauma and disruptions in 
learning and have experienced disengagement from school and peers, 
negatively impacting their mental health and well-being. While all 
students' overall levels of wellness have been affected, students of 
color and other underserved students have experienced a 
disproportionate burden of the pandemic.\27\ Targeted supports, 
including those that leverage technology, are needed for students who 
have been disproportionately affected

[[Page 34670]]

by the pandemic. Research has demonstrated that, in elementary and 
secondary schools, children learn, grow, and achieve at higher levels 
in safe and supportive environments, and in the care of responsive 
adults they can trust.\28\ It is critical, then, to prioritize support 
for students' social, emotional, and academic needs, not only to 
benefit students' social-emotional wellness, but also to support their 
academic success and prepare them for their future.
---------------------------------------------------------------------------

    \27\ Kuhfeld, M., Soland, J., Tarasawa, B., Johnson, A., Ruzek, 
E., & Liu, J. (2020). Projecting the potential impact of COVID-19 
school closures on academic achievement. Educational Researcher, 
49(8), 549-565. See also Weissman, S. (April 29, 2021. Steep 
Enrollment Declines this Spring. Inside Higher ED. https://www.insidehighered.com/news/2021/04/29/spring-brings-even-steeper-enrollment-declines.
    \28\ Reyes, M.R., Brackett, M.A., Rivers, S.E., White, M., & 
Salovey, P. (2012). Classroom emotional climate, student engagement, 
and academic achievement. Journal of educational psychology, 104(3), 
700.
---------------------------------------------------------------------------

    Because mounting evidence suggests that supporting social-emotional 
learning (SEL) can contribute to overall student 
development,29 30 31 educators need access to tools, 
supports, and other resources focused on SEL supports that can improve 
effective instructional practices. Integrating evidence-based 
instructional strategies and approaches proven to support SEL in the 
classroom has the potential to yield important benefits in students' 
social, emotional, and academic growth--and avert potential negative 
outcomes for students. For example, students with unmet social and 
emotional needs can struggle with social interactions and engagement 
during instructional and social times during the school day. In turn, 
this can diminish students' sense of social and academic connection, 
leading to chronic absenteeism and antisocial behavior in elementary 
and secondary education.\32\
---------------------------------------------------------------------------

    \29\ Cross Francis, D., Liu, J., Bharaj, P.K., & Eker, A. 
(2019). ``Integrating Social-emotional and Academic Development in 
Teachers' Approaches to Educating Students,'' Policy Insights from 
the Behavioral and Brain Sciences, 6(2), 138-146.
    \30\ Swanson, E., Melguizo, T., & Martorell, P. (2020). 
Examining the Relationship between Psychosocial and Academic 
Outcomes in Higher Education: A Descriptive Analysis. 
(EdWorkingPaper: 20-286).
    \31\ Robbins, S.B., Lauver, K., Le, H., Davis, D., Langley, R., 
& Carlstrom, A. (2004). Do Psychosocial and Study Skill Factors 
Predict College Outcomes? A Meta-Analysis. Psychological Bulletin, 
130(2), 261-288.
    \32\ Darling-Hammond, Linda, and Cook-Harvey, C. (2018). 
Educating the Whole Child: Improving School Climate to Support 
Student Success. LPI
---------------------------------------------------------------------------

    The world of work is also rapidly shifting, and the pre-existing 
equity gaps in access to high-quality career and technical education--
including dual enrollment, industry-recognized credentials, and work-
based learning--have been further exacerbated by the COVID-19 pandemic. 
Creating more equitable systems of multiple, high-quality, flexible 
college and career pathways that align our schools and postsecondary 
learning with the demands of the 21st century economy will help narrow 
disparities in financial security and broaden economic opportunity.
    With appropriate and effective supports, students will be more 
likely to stay engaged in school, experience social-emotional wellness 
and academic success, and experience positive long-term outcomes in 
both school and life.\33\
---------------------------------------------------------------------------

    \33\ Durlak, J.A., Domitrovich, C.E., Weissberg, R.P., and 
Gullotta, T.P. (Eds.). (2015). Handbook of social and emotional 
learning: Research and practice. New York: Guilford.
---------------------------------------------------------------------------

    Proposed Priority:
    Projects that are designed to improve students' social, emotional, 
academic, and career development, with a focus on underserved students, 
through one or more of the following priority areas:
    (a) Developing and supporting educator and school capacity to 
support social and emotional learning and development that--
    (1) Fosters skills and behaviors that enable academic progress 
developed through explicit instruction in social, emotional, and 
cognitive skills;
    (2) Identifies and addresses conditions in the learning 
environment, that may negatively impact social and emotional well-being 
for underserved students, including conditions that affect physical 
safety; and
    (3) Is trauma-informed, such as addressing exposure to community-
based violence and trauma specific to military- or veteran-connected 
students (as defined in this notice).
    (b) Creating supportive, positive, and identity-safe education or 
work-based settings that provide racially, ethnically, culturally, and 
linguistically inclusive instruction, through one or more of the 
following activities:
    (1) Developing trusting relationships between students, educators, 
families, and community partners, including engaging underserved 
students.
    (2) Providing high-quality professional development opportunities 
designed to reduce bias, increase engagement and belonging, and build 
asset-based mindsets for adults working in and throughout schools.
    (3) Engaging parents, caregivers, students, and community members 
as full partners in school climate review and improvement efforts.
    (4) Developing and implementing inclusive and culturally informed 
discipline policies and addressing disparities in school discipline 
policy by identifying and addressing the root causes of those 
disparities, including by providing training and resources to support 
educators.
    (5) Supporting students to engage in real-world, hands-on learning 
in community-based settings, such as apprenticeships, pre-
apprenticeships, work-based learning and service learning, and engaging 
in civic activities, that allow them to apply their knowledge and 
skills, strengthen their employability skills, and access career 
exploration opportunities.
    (c) Creating a positive, inclusive, and identity-safe climate at 
institutions of higher education through one or more of the following 
activities:
    (1) Fostering a sense of belonging and inclusion for underserved 
students.
    (2) Implementing evidence-based practices for advancing student 
success for underserved students.
    (3) Providing evidence-based professional development opportunities 
designed to reduce bias and build asset-based mindsets for faculty and 
staff on campus, including high-quality racially, ethnically, 
culturally, and linguistically inclusive practices for students, 
faculty, staff, and community.
    (4) Developing any necessary updates to the institution's 
harassment policies and procedures to ensure they apply to harassment 
that occurs in the institution's educational programs and activities, 
including during hybrid and distance education.
    (d) Providing multi-tiered systems of supports to meet students' 
academic, social, and emotional needs, including by offering evidence-
based trauma-informed practices, to address learning barriers both in 
and out of the classroom, that enable healthy development and respond 
to students needs and which may include professional development for 
educators on avoiding deficit-based approaches.
    (e) Developing or implementing policies and practices that prevent 
or reduce significant disproportionality on the basis of race or 
ethnicity with respect to the identification, placement, and 
disciplining of children or students with disabilities.
    (f) Providing all students access to physically healthy learning 
environments, such as energy-efficient spaces, for one or more of the 
following:
    (1) Early learning environments.
    (2) Elementary or secondary schools.
    (3) Out-of-school time learning spaces.
    (4) Postsecondary institutions.
    (g) Providing students equitable access to social workers, 
psychologists, counselors, nurses, or mental health professionals and 
other integrated services and supports, which may include in early 
learning environments.
    (h) Preparing educators to implement project-based or experiential 
learning opportunities for students to strengthen their metacognitive 
skills, self-direction,

[[Page 34671]]

self-efficacy, competency, or motivation, including through instruction 
that: Connects to students' prior knowledge and experience; provides 
rich, engaging, complex, and motivating tasks; or offers opportunities 
for collaborative learning.
    (i) Creating comprehensive schoolwide frameworks (such as small 
schools or learning communities, advisory systems, or looping 
educators) that support strong and consistent student and educator 
relationships.
    (j) Fostering partnerships, including across government agencies 
(e.g., housing, human services or employment agencies), LEAs, 
community-based organizations and postsecondary education intuitions, 
to provide comprehensive services to children, students and families 
that support student social, emotional, mental health and academic 
needs.
    Proposed Priority 5--Increasing Postsecondary Education Access, 
Affordability, Completion, and Post-Enrollment Success.
    Background:
    Postsecondary education, including career and technical education, 
is increasingly necessary for individuals to compete in a global 
economy. Therefore, the Nation must boost completion rates at all 
levels of postsecondary education. This proposed priority supports 
projects that prepare students, particularly underserved students, for 
college and the workforce; enroll more students in postsecondary 
education and help them succeed; and make college more affordable. This 
proposed priority also supports career and technical education that 
connects with and leads to postsecondary education programs of study 
and provides students with the knowledge and skills to succeed in the 
workforce, earn a competitive wage, and pursue lifelong learning and 
career and economic advancement opportunities.
    With this proposed priority, we also aim to encourage adult 
learners to reengage in learning, by meeting them where they are and 
preparing them to succeed in postsecondary coursework such as through 
adult education and literacy activities that will help increase their 
employability.
    In addition to supporting projects that prepare students for 
careers and college, we must make it easier for all students to afford 
postsecondary education, including career and technical education, to 
complete their credential in a timely manner, and to understand the 
returns to their program of study. The average net price of a college 
education has risen for many undergraduates, particularly full-time 
students attending four-year public colleges and universities, widening 
the affordability gap.\34\ Potential strategies for addressing these 
challenges as part of a broader structure supporting student success 
could include: Reducing time to degree and credential; improving 
transferability between community colleges and four year institutions; 
supporting degree and credential completion, particularly among 
underserved students; providing financial and non-financial 
comprehensive supports; and increasing transparency about the price of 
college, typical levels of student indebtedness, and median earnings.
---------------------------------------------------------------------------

    \34\ https://nces.ed.gov/programs/coe/indicator_cua.asp.
---------------------------------------------------------------------------

    Proposed Priority:
    Projects that are designed to increase postsecondary access, 
affordability, success, and completion for underserved students by 
addressing one or more of the following priority areas:
    (a) Projects implemented by or in partnership with one or more of 
the following entities:
    (1) Community colleges (as defined in this notice).
    (2) Historically Black colleges and universities (as defined in 
this notice).).
    (3) Tribal colleges and universities (as defined in this notice).).
    (4) Minority-serving institutions (as defined in this notice).).
    (b) Increasing postsecondary attainment and reducing the cost of 
college by creating clearer pathways for students between institutions 
and making transfer of course credits more seamless and transparent.
    (c) Increasing the number and proportion of underserved students 
who enroll in and complete postsecondary education programs, which may 
include strategies related to college preparation, awareness, 
application, selection, advising, counseling and enrollment.
    (d) Reducing the net price or debt-to-earnings ratio for 
underserved students who enroll in or complete college, other 
postsecondary education, or career and technical education programs.
    (e) Establishing a system of high-quality data, such as data on 
persistence, retention, and completion, for transparency, 
accountability, and institutional improvement.
    (f) Supporting the development and implementation of student 
success programs that integrate multiple comprehensive and evidence-
based services or initiatives, such as academic advising, structured/
guided pathways, career services, programs to meet basic needs, such as 
housing, childcare and transportation, student financial aid, and 
access to technological devices.
    (g) Increasing the number of individuals who return to the 
educational system to obtain a regular high school diploma, or its 
recognized equivalent for adult learners; enroll in and complete 
community college, college, or career and technical training; or obtain 
basic and academic skills that they need to succeed in community 
college, college, career and technical education, and/or the workforce.
    (h) Supporting the development and implementation of high-quality 
and accessible learning opportunities, including learning opportunities 
that are accelerated or hybrid online; credit-bearing; work-based; and 
flexible for working students.
    (i) Supporting evidence-based practices in career and technical 
education and ensuring equitable access to and successful completion of 
high-quality programs, credentials, or degrees.
    (j) Supporting the development or implementation of evidence-based 
strategies to promote students' development of the necessary knowledge 
and skills necessary for success in the workforce and civic life.
    (k) Connecting children or students with disabilities, adults with 
disabilities, and disconnected youth to resources designed to improve 
independent living and the achievement of employment outcomes, which 
may include the provision of pre-employment transition services, 
transition and other vocational rehabilitation services under the 
Vocational Rehabilitation program, and transition and related services 
under IDEA.
    (l) Providing students access to international education, education 
in cultural and global competencies, and foreign language training in 
preparation for global competitiveness.
    Proposed Priority 6--Strengthening Cross-Agency Coordination and 
Community Engagement to Advance Systemic Change.
    Background:
    Schools and campuses are often the center of the community for 
students and their families, providing students with the resources and 
referrals they need to meet their full potential. Ensuring that 
students and families have access to nutritious food, housing, health 
services, employment/financial services, and other community resources 
is pivotal to ensuring success in the classroom, which in turn uplifts 
community vitality. These needs are best met through cross-agency 
coordination and partnerships between schools, campuses, and other 
organizations in the community. In this way, effective partnerships can 
make it easier for families to have various needs

[[Page 34672]]

met by the school and support systemic, long-term change. Numerous 
programs require or emphasize the importance of such partnerships in 
improving outcomes for students and their families. This proposed 
priority would encourage partnerships with other agencies or entities 
and support cross-agency, and cross-community partnerships at the State 
and local levels.
    Proposed Priority:
    Projects that are designed to take a systemic approach to improving 
outcomes for underserved students in one or more of the following 
priority areas:
    (a) Coordinating efforts with Federal, State, or local agencies, or 
community-based organizations that support students, to address one or 
more of the following:

    (1) Food assistance.
    (2) Energy.
    (3) Climate change.
    (4) Housing.
    (5) Homelessness.
    (6) Transportation.
    (7) Health.
    (8) Childcare.
    (9) School diversity.
    (10) Justice policy.
    (11) Workforce development.
    (12) Technology.
    (13) Public safety.
    (13) Community violence.
    (14) Social services.
    (15) Voting access and registration.
    (16) Another key field-initiated focus area.

    (b) Conducting community needs and asset mapping to identify 
existing programs that can be leveraged to advance systemic change and 
programs or initiatives that need to be implemented.
    (c) Establishing cross-agency partnerships, or community-based 
partnerships with local nonprofit organizations, businesses, 
philanthropic organizations, or others, to meet family well-being 
needs.
    (d) Identifying, documenting, and disseminating policies, 
strategies, and best practices on effective approaches to creating 
systemic change through cross-agency, or community-based coordination 
and collaboration.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Proposed Definitions

    Background:
    We propose specific definitions to promote a shared understanding 
of the scope of activities that could be supported by these priorities. 
Under the proposed definition of ``underserved students,'' the 
Secretary may include the entire definition within a grant program or 
one or more of the subparts of the definition that are most relevant 
for the grant program.
    Proposed Definitions:
    We propose the following definitions for use with the proposed 
priorities:
    Children or students with disabilities means children with 
disabilities as defined in the Individuals with Disabilities Education 
Act (IDEA) or students with disabilities, as defined at section 7(37) 
of the Rehabilitation Act of 1973 (29 U.S.C. 705(37)) 705(37)).
    Community college means ``junior or community college'' as defined 
in section 312(f) of the Higher Education Act of 1965, as amended 
(HEA).
    Competency-based education (also called proficiency-based or 
mastery-based learning) means learning based on knowledge and skills 
that are transparent and measurable. Progression is based on 
demonstrated mastery of what students are expected to know (knowledge) 
and be able to do (skills), rather than seat time or age.
    Culturally and linguistically inclusive means pedagogical practices 
that address inequities in access to and success in school by 
recognizing and valuing all students' identities, cultures, and 
potential.
    Disconnected youth means an individual, between the ages 14 and 24, 
who may be from a low-income background, experiences homelessness, is 
in foster care, is involved in the justice system, or is not working or 
not enrolled in (or at risk of dropping out of) an educational 
institution.
    Early learning means any (a) State-licensed or State-regulated 
program or provider, regardless of setting or funding source, that 
provides early care and education for children from birth to 
kindergarten entry, including, but not limited to, any program operated 
by a child care center or in a family child care home; (b) program 
funded by the Federal Government or State or local educational agencies 
(including any IDEA-funded program); (c) Early Head Start and Head 
Start program; (d) non-relative child care provider who is not 
otherwise regulated by the State and who regularly cares for two or 
more unrelated children for a fee in a provider setting; and (e) other 
program that may deliver early learning and development services in a 
child's home, such as the Maternal, Infant, and Early Childhood Home 
Visiting Program; Early Head Start; and Part C of IDEA.
    English learner means an individual who is an English learner as 
defined in section 8101(20) of the Elementary and Secondary Education 
Act of 1965, as amended, or an individual who is an English language 
learner as defined in section 203(7) of the Workforce Innovation and 
Opportunity Act.
    Evidence-based has the meaning ascribed to it in 34 CFR 77.1 or the 
ESEA, as applicable.
    High-quality assessments means diagnostic, formative, or summative 
assessments that are valid and reliable for the purposes for which they 
are used and that provide relevant and timely information to help 
educators and parents or caregivers support students.
    Historically Black colleges and universities means colleges and 
universities that meet the criteria set out in 34 CFR 608.2.
    Military- or veteran-connected student means one or more of the 
following:
    (a) A child participating in an early learning program, a student 
enrolled in preschool through grade 12, or a student enrolled in career 
and technical education or postsecondary education who has a parent or 
guardian who is a member of the uniformed services (as defined by 37 
U.S.C. 101, in the Army, Navy, Air Force, Marine Corps, Coast Guard, 
Space Force, National Guard, Reserves, National Oceanic and Atmospheric 
Administration, or Public Health Service or is a veteran of the 
uniformed services with an honorable discharge (as defined by 38 U.S.C. 
3311).
    (b) A student who is a member of the uniformed services, a veteran 
of the uniformed services, or the spouse of a service member or 
veteran.

[[Page 34673]]

    (c) A child participating in an early learning program, a student 
enrolled in preschool through grade 12, or a student enrolled in career 
and technical education or postsecondary education who has a parent or 
guardian who is a veteran of the uniformed services (as defined by 37 
U.S.C. 101).
    Minority-serving institution (MSI) means an institution that is 
eligible to receive assistance under sections 316 through 320 of part A 
of title III, under part B of title III, or under title V of the HEA.
    Tribal College or University has the meaning ascribed it in section 
316(b)(3) of the HEA.
    Underserved student means a student (which may include children in 
early learning environments, students in K-12 programs, students in 
postsecondary education or career and technical education, and adult 
learners, as appropriate) in one or more of the following subgroups:
    (a) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (b) A student of color.
    (c) A student who is a member of a federally recognized Indian 
Tribe.
    (d) An English learner.
    (e) A child or student with a disability.
    (f) A disconnected youth.
    (g) A migrant student.
    (h) A student experiencing homelessness or housing insecurity.
    (i) A lesbian, gay, bisexual, transgender, queer, or intersex 
(LGBTQ+) student.
    (j) A student who is in foster care.
    (k) A student without documentation of immigration status.
    (l) A pregnant, parenting, or caregiving student.
    (m) A student impacted by the justice system, including a formerly 
incarcerated student.
    (n) A student who is the first in their family to attend 
postsecondary education.
    (o) A student enrolling in or seeking to enroll in postsecondary 
education for the first time at the age of 20 or older.
    (p) A student who is working full-time while enrolled in 
postsecondary education.
    (q) A student who is enrolled in or is seeking to enroll in 
postsecondary education who is eligible for a Pell Grant.
    (r) An adult student in need of improving their basic skills or an 
adult student with limited English proficiency.
    (s) A student performing significantly below grade level.
    Universal design for learning has the meaning ascribed it in 
section 103(24) of the HEA.
    Final Priorities and Definitions:
    We will announce the final priorities and definitions in a document 
published 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, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use these priorities and definitions, we invite 
applications through a notice inviting applications 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;
    (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 a significant regulatory action 
subject to review by OMB under section 3(f) 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 these proposed 
priorities and definitions are consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for

[[Page 34674]]

administering the Department's programs and activities.

Potential Costs and Benefits

    The proposed priorities and definitions would impose minimal costs 
on entities that would receive assistance through the Department's 
discretionary grant programs. Additionally, the benefits of 
implementing the proposed priorities and definitions outweigh any 
associated costs because it would result in the Department's 
discretionary grant programs encouraging the submission of a greater 
number of high-quality applications and supporting activities that 
reflect the Administration's educational priorities.
    Application submission and participation in a discretionary grant 
program are voluntary. The Secretary believes that the costs imposed on 
applicants by the proposed priorities and definitions would be limited 
to paperwork burden related to preparing an application for a 
discretionary grant program that is using a priority in its 
competition. Because the costs of carrying out activities would be paid 
for with program funds, the costs of implementation would not be a 
burden for any eligible applicants, including small entities.

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?
     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?
    To send any comments that concern how the Department could make the 
proposed priorities and definitions easier to understand, see the 
instructions in the ADDRESSES section.
    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.

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 early learning providers, school districts, IHEs, nonprofit 
organizations, and for-profit organizations. Of the impacts we estimate 
accruing to grantees or eligible entities, all are voluntary and 
related mostly to an increase in the number of applications prepared 
and submitted annually for competitive grant competitions. Therefore, 
we do not believe that the proposed priorities and definitions would 
significantly impact small entities beyond the potential for increasing 
the likelihood of their applying for, and receiving, competitive grants 
from the Department.

Paperwork Reduction Act

    The proposed priority and definitions do not contain any 
information collection requirements.
    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.

Miguel Cardona,
Secretary of Education.
[FR Doc. 2021-14003 Filed 6-29-21; 8:45 am]
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