[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36716-36722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14858]


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DEPARTMENT OF EDUCATION


Applications for New Awards; American Rescue Plan--American 
Indian Resilience in Education (ARP-AIRE)

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications (NIA) for fiscal year (FY) 2021 for the American 
Rescue Plan--American Indian Resilience in Education (ARP-AIRE) 
program, Assistance Listing Number 84.299C. This notice relates to the 
approved information collection under OMB control number 1894-0006.

DATES: 
    Applications Available: July 13, 2021.
    Deadline for Notice of Intent to Apply: July 23, 2021.
    Date of Pre-Application Webinar: July 28, 2021.
    Individuals interested in attending this webinar for prospective 
applicants are encouraged to pre-register by emailing their name, 
organization, and contact information with the subject heading ``ARP-
AIRE GRANTS PRE-APPLICATION WEBINAR'' to [email protected]. There is 
no registration fee to attend this meeting. Information regarding pre-
application webinar is available by accessing the website: https://oese.ed.gov/offices/office-of-indian-education/.
    Deadline for Transmittal of Applications: September 13, 2021.
    Deadline for Intergovernmental Review: October 12, 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: Shahla Ortega, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W245, Washington, DC 20202. 
Telephone: (202) 453-5602. 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 ARP-AIRE program is to 
support Tribal educational agencies (TEAs) in the provision of direct 
services to Indian children and youth. Projects must include one or 
more of the activities authorized under section 6121(c) of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA).
    Background: ARP-AIRE is a one-time discretionary grant competition 
authorized under Section 11006(1) of the American Rescue Plan Act of 
2021 (ARP) to provide awards to TEAs for activities authorized under 
section 6121(c) of the ESEA in order to meet the urgent needs of 
students in response to the Coronavirus 2019 (COVID-19) pandemic. Those 
activities include a broad range of direct services to Indian children 
and youth, their teachers, and families.
    In accordance with the Department's commitment to engage in regular 
and meaningful consultation and collaboration with Indian Tribes, the 
Office of Elementary and Secondary Education's (OESE) Office of Indian 
Education (OIE) and the White House Initiative on American Indian and 
Alaska Native Education (WHIAIANE) conducted a virtual Tribal 
consultation session regarding the ARP-AIRE program on April 26, 2021. 
Consistent with the Department's trust responsibility to Tribes and its 
Tribal consultation Policy, the Department consulted with elected 
officials of federally recognized Tribes to ensure that their views 
inform the Department's policy decisions related to the priorities, 
requirements, and definitions that govern this competition. In addition 
to the virtual Tribal consultation, Tribal leaders and others had an 
opportunity to submit written comments to the Department by email. We 
solicited feedback on specific questions related to the design of this 
grant program during this Tribal consultation opportunity. A summary of 
the feedback to these questions and how we incorporated the feedback 
into this NIA follows.
    1. We asked whether we should adopt the definition of TEA used in 
the State Tribal Education Partnership (STEP) program for the ARP-AIRE 
program, which is: ``the agency, department, or instrumentality of an 
Indian Tribe that is primarily responsible for supporting Tribal 
students' elementary and secondary education.'' A significant number of 
comments from both Tribal leaders and others expressed interest in 
using the same definition from the STEP program. A commenter expressed 
interest in adding postsecondary education, and another proposed adding 
online students, to the definition. Because the activities in ESEA 
section 6121(c) are focused on pre-kindergarten (Pre-K) to grade 12 
education, we are limiting the scope of this program to students in 
those grade levels. This scope covers students in a TEA's geographic 
area, regardless of whether students attend school in person or online. 
Thus, we are using the STEP definition of TEA in this ARP-AIRE program 
competition.

[[Page 36717]]

    2. We asked whether there were other considerations for how ``TEA'' 
should be defined for this new grant program. Some commenters expressed 
interest in adding Pre-K and early childhood to the definition of TEA. 
Although we are not expanding the definition of TEA, the activities in 
ESEA section 6121(c) do include early childhood education, and 
accordingly we are including language in the absolute priority to 
provide applicants an opportunity to select project activities that 
would address any grade level from Pre-K through grade 12.
    3. We asked how long the grant period should be for the ARP-AIRE 
program and provided examples of 3-year, 4-year, and 5-year grant 
periods. A majority of Tribal leaders and other commenters suggested 
that the program performance period be a 5-year period. We considered 
this input, but weighed it against the fact that, given the one-time 
nature of these ARP funds, we could award more 3-year awards than 5-
year awards, and the fact that the ARP funding is emergency funding 
from Congress to address immediate needs caused by the pandemic. We 
also believe that a grant period shorter than three years would not 
give grantees adequate time to successfully implement projects. We have 
decided to use a 3-year grant period in order to maximize the number of 
awards available and reach the maximum number of Tribal communities 
throughout the country to support effective responses to the pandemic.
    4. We explained that we were considering prioritizing certain 
project activities from the full list of allowable activities in ESEA 
section 6121(c). All of the allowable activities are for direct 
services to Indian children and youth in Pre-K through twelfth grade, 
and/or their teachers and parents. We asked Tribal representatives to 
select two of the listed activities that most interest their Tribal 
Nation. The most popular activities selected by participants were 
Native language programs; services to assist and encourage students to 
enter, remain in, or reenter school; and incorporation of culturally 
relevant pedagogy into local school curricula. However, the majority of 
comments from Tribal leaders and others strongly recommended that TEAs 
be able to choose their grant focus from among the activities listed in 
section 6121(c) of the ESEA. We agree with Tribal leaders and other 
commenters that allowing applicants to choose their activities better 
supports Tribal sovereignty.
    The Department has designed one absolute priority that we believe 
meets these various goals; the absolute priority requires culturally 
relevant projects designed to assist and encourage Indian children and 
youth to enter, remain in, or reenter school at any grade level from 
Pre-K through grade 12, that include at least one of the activities 
from section 6121(c) of the ESEA. We omitted section 6121(c)(5) because 
it is incorporated into the introductory language of the absolute 
priority, and section 6121(c)(14) because it is only relevant to the 
Demonstration Grants program. Under this absolute priority, applicants 
can choose one or more of the activities, such as native language 
instruction, remedial instruction, or Pre-K education, and must show 
how it is culturally relevant and how it is designed to help students 
enter, remain in, or reenter school.
    We included in the introductory language of the absolute priority 
the focus on activities that assist and encourage Indian children and 
youth to enter, remain in, or reenter school, because two decades of 
research literature shows that there is a clear need to identify 
strategies to help keep Indian children and youth in school (Withington 
A., & Shtivelband, A., 2014).\1\ We included the requirement that all 
projects use culturally related activities because research has shown 
that such activities improve the academic achievement of American 
Indian/Alaska Native students (McCarty, 2011; \2\ Faircloth & 
Tippeconic, 2000; \3\ Kim & Helphenstine, 2017; Thomas & Collier, 1997 
\4\).
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    \1\ Withington A., & Shtivelband, A. (2014). Native American 
student-dropout prevention strategies: Abstracts from the 
literature. (A report from the West Comprehensive Center.) San 
Francisco, CA: WestEd.
    \2\ McCarty, T. (2011). The role of Native languages and 
cultures in American Indian, Alaska Native, and Native Hawaiian 
student achievement. A revised version of a policy brief prepared 
for the Promising Practices and Partnerships in Indian Education 
(P3IE) Program Evaluation Group, under a contract from the U.S. 
Department of Education Office of Indian Education Programs in 2009.
    \3\ Faircloth, S., & Tippeconnic, J.W., III. (2000). Issues in 
the education of American Indian and Alaska Native students with 
disabilities. ERIC Number: ED448009.
    \4\ Thomas, W.P., & Collier, V. (1997). School effectiveness for 
language minority students. The George Washington University, 
Washington, DC: National Clearing House for Bilingual Education. 
ERIC Number: ED436087.
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    5. We asked whether we should prioritize novice applicants by 
including a competitive preference priority that awards additional 
points to applicants that have not received a grant from the Department 
within a certain time period. The majority of comments were in favor of 
the Department including a competitive preference priority to encourage 
novice applicants to give an advantage to TEAs that have not previously 
been awarded grants from the Department. We agree and have included a 
competitive preference priority for novice applicants in the 
competition. For this competition, a ``novice'' applicant is one that 
has not had an active discretionary grant from the Department in the 
past five years. If an applicant received a grant during that period 
only as a member of a consortium in which it was not the lead 
applicant, the applicant will still receive the novice priority points. 
For an applicant that is a consortium of TEAs, if the lead applicant 
has not had an active discretionary grant from the Department in the 
past five years, it will receive the novice points even if not all 
consortium members meet the novice requirement.
    6. We asked how we should measure the success of these projects and 
included the following measures as examples: The number and percentage 
of participating students who demonstrate an increase in attendance 
rate; increase in graduation rate; improved academic performance; and 
improved social, emotional and mental health. As a related matter, we 
asked whether we should require grantees to track student-level data 
and, specifically, graduation rates. The majority of comments suggested 
the Department measure the success of project performance using 
attendance, academic performance, and other means as defined by the 
TEA. While we generally agree that each of these are important, because 
we anticipate that projects will focus on many types of activities, the 
Department will measure success by determining the number of grantees 
that attain or exceed the targets for the outcome indicators that have 
been approved by the Secretary for their projects.
    As part of these questions, we also asked whether we should require 
grantees to track these measures during a data collection period after 
the substantive project activities have ended. A majority of the 
comments from Tribal leaders and others suggested that grantees should 
track measures beyond the performance period. While we generally agree, 
we also had many requests during consultation to keep the program 
design simple and minimize program requirements. Therefore, we will not 
incorporate a program requirement relating to long-term data 
collection; however, we may consider grant extensions for data 
collection in the future.
    7. We asked whether we should require grantees to enter into 
written data-sharing agreements with the school districts attended by 
students

[[Page 36718]]

participating in their projects. The purpose of such agreements would 
be to ensure that grantees have the data needed to report on measures 
we might require of all grantees, as well as their own project-specific 
objectives. Results were mixed from Tribal leaders as to whether the 
Department should impose an application requirement for a data-sharing 
agreement with partner schools. Most other commenters suggested that 
TEAs should be required to enter a data-sharing agreement with partner 
schools prior to applying. One commenter suggested that data-sharing 
agreements could be entered into at any appropriate point in the grant 
process and do not necessarily need to be entered into prior to 
submitting a grant application. While we generally agree that data-
sharing agreements are conducive to effective project performance, we 
do not want to impose an application requirement that we understand can 
be very time-consuming and that might lead to TEAs being unable to meet 
the application deadline. Instead, we have created a program 
requirement for a data-sharing agreement to allow grantees the 
flexibility to obtain those agreements during the first six months of 
their performance period.
    8. We asked Tribal leaders and other participants to comment on any 
other application or program requirements that we should consider. 
Commenters suggested that we require family engagement and minimize 
reporting burden on grantees as much as possible. We recognize the 
importance of promoting family engagement and reducing reporting burden 
and have taken those into consideration. While we agree that family 
engagement is important, we also want to simplify the application and 
be respectful of Tribal sovereignty, so we are not adding an additional 
program requirement around family engagement. With regard to reporting 
burdens, there are Department-wide requirements around annual reporting 
in the Annual Performance Report (APR), and we believe that APR 
reporting serves a valuable function in ensuring ongoing progress and 
enabling us to provide assistance to grantees who may be struggling to 
achieve adequate progress.
    Priorities: This notice contains one absolute priority and one 
competitive preference priority. We are establishing these priorities 
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).
    Absolute Priority: This priority is an absolute priority. Under 34 
CFR 75.105(c)(3), we consider only applications that meet this 
priority.
    This priority is:
    American Indian Resilience in Education.
    To meet this priority, applicants must propose a culturally 
relevant project designed to assist and encourage Indian children and 
youth to enter, remain in, or reenter school at any grade level from 
Pre-K through grade 12, that includes at least one of the following 
activities from section 6121(c) of the ESEA:
    (1) Innovative programs related to the educational needs of 
educationally disadvantaged Indian children and youth.
    (2) Educational services that are not available to such children 
and youth in sufficient quantity or quality, including remedial 
instruction, to raise the achievement of Indian children in one or more 
of the subjects of English, mathematics, science, foreign languages, 
art, history, and geography.
    (3) Bilingual and bicultural programs and projects.
    (4) Special health and nutrition services, and other related 
activities, that address the special health, social, and psychological 
problems of Indian children and youth.
    (5) Comprehensive guidance, counseling, and testing services.
    (6) Early childhood education programs that are effective in 
preparing young children to make sufficient academic growth by the end 
of grade 3, including kindergarten and Pre-K programs, family-based 
preschool programs that emphasize school readiness, screening and 
referral, and the provision of services to Indian children and youth 
with disabilities.
    (7) Partnership projects between local educational agencies and 
institutions of higher education that allow secondary school students 
to enroll in courses at the postsecondary level to aid such students in 
the transition from secondary to postsecondary education.
    (8) Partnership projects between schools and local businesses for 
career preparation programs designed to provide Indian youth with the 
knowledge and skills such youth need to make an effective transition 
from school to a high-skill career.
    (9) Programs designed to encourage and assist Indian students to 
work toward, and gain entrance into, institutions of higher education.
    (10) Family literacy services.
    (11) Activities that recognize and support the unique cultural and 
educational needs of Indian children and youth, and incorporate 
traditional leaders.
    (12) High-quality professional development of teaching 
professionals and paraprofessionals.
    Competitive Preference Priority: This priority is a competitive 
preference priority. Under 34 CFR 75.105(c)(2)(i) we award an 
additional five points to an application that meets this priority.
    This priority is:
    Applicants that are New Potential Grantees. (0 or 5 points)
    To meet this priority, the applicant has not had an active 
discretionary grant from the Department in the past five years. For an 
applicant that is a consortium of TEAs, if the lead applicant meets 
this requirement, it will receive the novice points even if not all 
consortium members meet this requirement.
    Requirement: We are establishing this 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.
    Program Requirement: Within six months after the date of the award, 
the grantee must submit to the Department a signed, written agreement 
with each LEA where participating students are enrolled. The agreement 
must include provisions that allow the grantee to access data necessary 
for the success of the project and for reporting on project objectives. 
Agreements between Tribally-controlled schools and grantees are not 
required if the school and grantee are controlled by the same Tribe.
    Statutory Hiring Preference:
    (a) Awards that are primarily for the benefit of Indians are 
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638). That 
section requires that, to the greatest extent feasible, a grantee--
    (1) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452(e)), preference in the award of contracts in 
connection with the administration of the grant.
    (b) For purposes of this preference, an Indian is a member of any 
federally recognized Indian Tribe.
    Definitions: The following definitions apply to this competition. 
We are establishing the definitions of ``Indian'' and ``Tribal 
Educational Agency'' in this

[[Page 36719]]

notice 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. The 
definitions of ``demonstrates a rationale'' and ``logic model'' are 
from 34 CFR 77.1.
    Demonstrates a Rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Indian means an individual who is--
    (1) A member of an Indian Tribe or band, as membership is defined 
by the Indian Tribe or band, including any Tribe or band terminated 
since 1940, and any Tribe or band recognized by the State in which the 
Tribe or band resides;
    (2) A descendant of a parent or grandparent who meets the 
requirements described in paragraph (1) of this definition;
    (3) Considered by the Secretary of the Interior to be an Indian for 
any purpose;
    (4) An Eskimo, Aleut, or other Alaska Native; or
    (5) A member of an organized Indian group that received a grant 
under the Indian Education Act of 1988 as it was in effect on October 
19, 1994.
    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.
    Tribal Educational Agency (TEA) means the agency, department, or 
instrumentality of one or more federally- recognized or State-
recognized Indian Tribes, that is primarily responsible for supporting 
Tribal students' elementary and secondary education.
    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, requirements, and 
definitions. 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(1) of the ARP (Pub. L. 117-2), and, therefore, qualifies 
for this exemption. In order to ensure timely grant awards, the 
Secretary has decided to forgo public comment on the priorities, 
requirements, and definitions under section 437(d)(1) of GEPA. These 
priorities, requirements, and definitions will apply to the FY 2021 
competition, and any subsequent year in which we make awards from the 
list of unfunded applications from this competition.
    Program Authority: Section 11006 of the American Rescue Plan Act of 
2021 (ARP), Public Law 117-2.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Non-procurement) 
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 79 apply to all applicants 
except federally recognized Indian Tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $19,800,000 for three years.
    Estimated Range of Awards: $300,000 to $500,000 for each 12-month 
budget period.
    Estimated Average Size of Awards: $400,000 for each 12-month budget 
period.
    Estimated Number of Awards: 16 for each 12-month budget period.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: 36 months.

III. Eligibility Information

    1. Eligible Applicants: TEAs, including a consortium of TEAs.
    Note: If applying as a consortium, applicants should refer to 34 
CFR 75.127-75.129 for information about group applications.
    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: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
the Cost Principles in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    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 ARP-AIRE 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 subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program. Please note that, 
under 34 CFR 79.8(a), we have shortened the standard 60-day 
intergovernmental review period in order to make awards by the end of 
FY 2021.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your

[[Page 36720]]

application. We recommend that you (1) limit the application narrative 
to no more than 50 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.
    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.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name and a contact person's name 
and email address. Applicants that do not submit a notice of intent to 
apply may still apply for funding; applicants that do submit a notice 
of intent to apply are not bound to apply or bound by the information 
provided.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR 75.210. We will award up to 100 points to an application 
under the selection criteria; the total possible points for each 
selection criterion are noted in parentheses.
    (a) Quality of the project design (up to 50 points).
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the design of the proposed project includes 
a thorough, high-quality review of the relevant literature, a high-
quality plan for project implementation, and the use of appropriate 
methodological tools to ensure successful achievement of project 
objectives. (20 points)
    (ii) The extent to which the proposed project encourages parental 
involvement. (10 points)
    (iii) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice). (10 points)
    (iv) 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. (10 points)
    (b) Quality of project services (up to 20 points).
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. (1 point)
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services. (4 points)
    (ii) The extent to which the services to be provided by the 
proposed project reflect up-to-date knowledge from research and 
effective practice. (10 points)
    (iii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services. (5 
points)
    (c) Quality of project personnel (up to 15 points).
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. (3 points)
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of the project director or principal investigator. (7 points)
    (ii) The qualifications, including relevant training and 
experience, of key project personnel. (5 points)
    (d) Quality of the management plan (up to 15 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 following factors:
    (i) 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. (10 points)
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project. (5 points)
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), 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 program 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

[[Page 36721]]

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).
    (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 the following performance measure 
for the ARP-AIRE program:
    The number of grantees that attain or exceed the targets for the 
outcome indicators that have been approved by the Secretary for their 
projects.
    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

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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. 2021-14858 Filed 7-12-21; 8:45 am]
BILLING CODE 4000-01-P