[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40521-40529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16097]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2021-OESE-0044]


Final Priorities and Definitions--Education Innovation and 
Research--COVID-19 and Equity

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

ACTION: Final priorities and definitions.

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[[Page 40522]]

SUMMARY: The Department of Education (Department) announces priorities 
and definitions under the Education Innovation and Research (EIR) 
program, Assistance Listing Numbers 84.411A/B/C. The Department may use 
these priorities and definitions for competitions in fiscal year (FY) 
2021 and in later years.

DATES: These priorities and definitions are effective August 27, 2021.

FOR FURTHER INFORMATION CONTACT: Ashley Brizzo. U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E325, Washington, DC 20202. 
Telephone: (202) 453-7122. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: The Department intends these priorities and 
definitions to support competitions under the EIR program for the 
purpose of developing, implementing, and evaluating projects designed 
to enhance instructional practice and improve achievement and 
attainment for high-need students in two key policy areas: (1) 
Innovative approaches to addressing the impact of the novel coronavirus 
2019 (COVID-19) pandemic on students and educators (namely, the 
interruption of traditional patterns of education due to school 
closures and the disproportionate social, emotional, physical and 
mental health, and academic impacts on particular student groups), and 
(2) promoting equity in students' access to educational resources and 
opportunities. The Department believes that these priorities and 
definitions are essential to enable applicants to respond to the COVID-
19 pandemic and address equity issues.
    Purpose of Program: The EIR program, established under section 4611 
of the Elementary and Secondary Education Act, as amended (ESEA), 
provides funding to create, develop, implement, replicate, or take to 
scale entrepreneurial, evidence-based, field-initiated innovations to 
improve student achievement and attainment for high-need students; and 
rigorously evaluate such innovations. The EIR program is designed to 
generate and validate solutions to persistent education challenges and 
to support the expansion of those solutions to serve substantially 
larger numbers of students.
    Program Authority: Section 4611 of the ESEA, 20 U.S.C. 7261.
    We published a notice of proposed priorities and definitions for 
this program in the Federal Register on May 3, 2021 (86 FR 23304) (the 
NPP). That document contained background information and our reasons 
for proposing the priorities and definitions.
    Public Comment: In response to our invitation in the NPP, 32 
parties submitted comments pertinent to the proposed priorities and 
definitions. We discuss substantive issues under each priority (and its 
subparts) or definition to which they pertain. Generally, we do not 
address technical and other minor changes or suggested changes the law 
does not authorize us to make. In addition, we do not address comments 
that are outside the scope of the proposed priorities and definitions.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities and definitions since publication of 
the NPP follows.
    General Comments; Proposed Priority 1--Innovative Approaches to 
Addressing the Impact of COVID-19 on Underserved Students and 
Educators.
    Comments: Among the 26 comments related to the COVID-19 priority, 
all expressed overall support for the importance of and need for the 
priority. One of those commenters, however, stated that there are too 
many avenues listed within the priority, which could result in too 
varied of a field for useful evaluation data.
    Commenters noted a few areas that were not addressed in the NPP and 
offered the following ideas for potential additions. Four commenters 
stated the importance of universal design for learning (UDL) as a 
critical strategy for addressing the impact of COVID-19. Two commenters 
suggested the inclusion of culturally responsive teaching. One 
commenter requested the addition of competency-based education and 
another commenter provided an idea about multiple pathways to learning. 
One commenter emphasized the need to help adults to better understand 
students' learning. Two commenters suggested the addition of activities 
related to the use of assessments and other diagnostic tools; and 
another commenter suggested supporting evaluations focused on the 
specific impact of COVID-19.
    Six commenters provided various suggestions about the ways teachers 
and leaders are essential in implementing the activities under the 
priority and that training and supporting those individuals (through 
activities such as in-service professional development, coaching, 
leader development, and peer-to-peer learning) is critical to a 
project's success. Specifically, one commenter suggested an additional 
priority for professional development for school leaders to support the 
implementation of activities. Five commenters suggested holistic and 
integrated approaches to achieve optimal impact.
    Seven commenters offered various suggestions about elevating 
specific elements within this priority. For example, some commenters 
stated that specific priorities should be used as absolute or 
competitive priorities to elevate them above others. Three commenters 
offered suggested changes that would prioritize specific students 
listed in the definition of ``underserved students.''
    Discussion: We appreciate the support for these proposed priorities 
and definitions. The Department intends to maintain the current list of 
options in the priority and definitions as a means to provide multiple 
potential project ideas for applicants to propose that address the 
impact of COVID-19. Although the Department acknowledges the comment on 
the variety of avenues, there remains interest in articulating specific 
options under the priority and allowing for flexibility in the 
innovations proposed within those options to illuminate a variety of 
projects that might meet the needs of underserved students and 
educators most impacted by COVID-19. Furthermore, the evaluations for 
each grantee funded under this priority have the potential to 
illuminate key findings about various responses to the pandemic that 
might inform strategies considered in response to a myriad of future 
crises. The Department acknowledges that COVID-19 has presented multi-
faceted and unique challenges that necessitate a flexible set of 
responses.
    The Department concurs with the importance of UDL and appreciates 
the multiple suggestions for its inclusion. The Department also agrees 
with the importance of culturally responsive teaching and learning 
environments and further recognizes a need for linguistically 
responsive teaching and learning environments; as such, culturally and 
linguistically responsive teaching and learning environments is 
included explicitly in Priority 2(b), and the Department welcomes the 
submission of those proposed plans in grant applications under that 
priority. Additionally, applicants may choose to propose a project 
under Priority 1 that includes an element of culturally and 
linguistically responsive teaching and learning (such as a personalized 
learning project that incorporates content from students' cultural 
background or a trauma-informed training project for teachers including 
a component on various cultural traditions of dealing with loss).

[[Page 40523]]

    Although the other suggested additions are important educational 
objectives, the Department is interested in maintaining the current 
list to allow their prioritization and welcomes applicants to submit 
specific examples that are within the parameters of the final priority.
    The Department appreciates the thoughtful ideas about potential 
ways to design projects that can support implementation, such as 
professional development for school leaders, and welcomes the 
submission of those proposed plans in grant applications. The 
Department will consider the input about potential ways to use these 
priorities in future grant competitions.
    Changes: We have revised paragraph (b)(3) in Priority 1 by adding 
UDL, as defined in section 8101(51) of the ESEA.
    Priority 1(a)--Collaborating with Stakeholders.
    Comments: Several commenters confirmed the importance of 
stakeholder collaboration and family engagement. For example, one 
commenter specified collaboration as key to building capacity to 
overcome pre-pandemic inequities. Another noted the importance of two-
way collaboration based on mutual trust and respect, while other 
commenters emphasized the need for collaboration to include diverse 
cultural, linguistic, and socioeconomic representation.
    There were also requests by three commenters to add language about 
sustaining partnerships between schools and key institutions, such as 
community clinics and local government, to provide integrated support 
for students. Another commenter suggested specific inclusion of school 
leaders.
    Discussion: The Department appreciates the comments in support of 
stakeholder collaboration. We agree that collaboration that reflects 
mutual respect is essential for authentic collaboration and that 
diverse representation is essential.
    The Department acknowledges the importance of sustained 
partnerships and applicants are invited to outline their plans for such 
partnerships.
    Regarding the suggested addition of school leaders, the Department 
opted for the term ``educators'' to be inclusive of teachers as well as 
school leaders.
    Changes: The Department has added new language in paragraph (a) of 
Priority 1 to specify the respectful and mutual nature of collaboration 
as well as the need for it to include diverse representation. The 
Department also clarified in paragraph (a) that ``educators'' means 
teachers, school leaders, and other school staff.
    Priority 1(b)(1)--Re-engaging Students.
    Comments: Several commenters addressed the requirement in paragraph 
(b)(1) that project plans re-engage underserved students and strengthen 
relationships between educators and underserved students most impacted 
by COVID-19. One commenter recommended adding language regarding family 
engagement. Two commenters suggested the addition of strategies to 
support students' safety and sense of belonging by improving school 
climate. Another commenter noted the importance of re-engaging students 
experiencing homelessness and offered specific strategies to remove 
barriers to enrollment (such as updating enrollment materials to 
include information about rights under McKinney-Vento and leveraging 
the support of specialized instructional support personnel).
    Discussion: The Department appreciates the suggestion and agrees 
with the importance of family members in re-engaging students in 
learning. The Department appreciates specific ideas about how to re-
engage students and welcomes entities applying for an EIR grant to 
detail such project plans; maintaining the broad language in the 
priority, however, will also allow for other ideas.
    The Department acknowledges the importance of re-engaging students 
experiencing homelessness and applicants are invited to outline their 
plans for such focus.
    Changes: The Department has revised paragraph (b)(1) to provide 
that families, as well as students, must be re-engaged.
    Priority 1(b)(5)--Equitable and Inclusive Learning Environments.
    Comments: One commenter suggested revising paragraph (b)(5) of the 
priority to address students' exploration and affirmation of their 
identity.
    Discussion: The Department appreciates specific ideas about how to 
create equitable and inclusive learning environments and welcomes 
entities applying for an EIR grant to detail such project plans if they 
so choose; maintaining the broad language in the priority, however, 
will also welcome other ideas from applicants.
    Changes: None.
    Priority 1(b)(6)--Specialized Instructional Support Personnel.
    Comments: One commenter stated that specialized instructional 
support personnel should be highly trained. Another commenter suggested 
the addition of tutors and youth development practitioners.
    Discussion: The definition of ``specialized instructional support 
personnel'' assumes the formal training required for school counselors, 
school social workers, school psychologists, or other qualified 
professional personnel. As such, we do not believe we need to specify 
that they must be highly trained; applicants can, however, include in 
their proposed projects plans for training project staff and 
participants.
    In response to the proposed additional types of personnel, the 
Department intends to maintain the priority of ensuring access to 
specialized instructional support personnel to reinforce the specific 
role professionals, such as school counselors and school social 
workers, can have in addressing the needs of underserved students most 
impacted by COVID-19. Included in the definition of specialized 
instructional support personnel is ``other qualified professional 
personnel.'' Additionally, applicants are welcome to include in their 
proposed projects additional types of staff.
    Changes: None.
    Priority 1(b)(7)--Supporting Students Experiencing Homelessness.
    Comments: One commenter suggested including ``creating strategies'' 
in paragraph (b)(7) of this priority.
    Discussion: We believe that creating and implementing strategies to 
find and support students is already built into the required action.
    Changes: None.
    Priority 1(b)(9)--Accelerating Grade-level Learning.
    Comments: A number of commenters suggested additions to paragraph 
(b)(9) on accelerated learning. Specifically, two commenters asked the 
Department to emphasize the importance of improving the core 
instruction that occurs within the classroom. Other commenters asked 
that we specify summer learning experiences and accelerated diploma 
pathways as strategies to accelerate learning. One commenter suggested 
we revise paragraph (b)(9)(ii) to include a focus on identifying and 
reconnecting with students approaching post-secondary transitions.
    Discussion: The Department agrees with the suggestion to add an 
emphasis on improving in-classroom instruction.
    In response to the recommendation to include summer learning and 
accelerated pathways as strategies to accelerate learning, those types 
of activities would already fall within the scope of the priority, so 
changes are not needed. Similarly, we think that identifying and 
reconnecting with students approaching post-secondary transitions could 
be one component of a project with a broader focus on providing 
targeted supports for students

[[Page 40524]]

in preparing for post-secondary education transitions under paragraph 
(b)(9)(ii), and that no changes are needed to permit this activity.
    Changes: We have revised paragraph (b)(9) to specify the classroom 
as a setting for accelerated learning.
    General Comments; Priority 2--Promoting Equity and Adequacy in 
Student Access to Educational Resources and Opportunities.
    Comments: Many commenters strongly supported a priority that 
promotes equity; a few of those commenters offered specific reasons for 
their support. One commenter noted that there is a strong and critical 
need for exploring and evaluating innovative approaches to equity. 
Three commenters expressed their enthusiasm for a focus on chronically 
underserved students and communities, and three commenters expressed 
support for promoting equity through access to effective, high-quality 
teachers in high-need schools. Another commenter noted that the 
priority is aligned with current scientific learnings about teaching 
and learning. Two commenters applauded this priority as one that 
focuses on underserved students' individual needs through a whole-child 
approach.
    Commenters noted a few areas that were not addressed in the 
proposed priority and recommended additions, including the following: A 
focus on strengthening and diversifying the teacher workforce; an 
expansion of equitable access to effective teachers to also include 
school leaders; a reference to alternative routes for educator 
credentialing; and a focus on National Board Certification.
    Discussion: The Department appreciates the support for Priority 2. 
We agree on the importance of teacher diversity and think that 
incorporating this focus in paragraph (a)(1) is useful to support 
projects that improve teacher preparation, recruitment, early career 
support, and development, with teacher diversity as a focus. 
Strengthening the workforce is already included in the priority as 
stated. Although the Department agrees, in general, with the importance 
of equitable access to effective school leaders, we are interested in 
EIR projects that focus on equitable access to effective teachers. 
Projects proposed by applicants that focus on equitable access to 
effective teachers may include equitable access to effective school 
leaders as an additional project component; entities interested in this 
topic as their sole focus may explore other grant programs in the 
Department. Projects that support various routes to obtaining full or 
advanced certification, consistent with State certification 
requirements, would be welcome under paragraph (a)(3) of this priority.
    Changes: In paragraph (a)(1) of Priority 2, the Department added 
strategies that improve teacher diversity.
    Priority 2(a)(1)--Preparation, Recruitment, Early Career Support, 
and Development.
    Comments: Two commenters suggested that additional text specifying 
that high-need areas, including special education be included as part 
of the activity.
    Discussion: The Department includes students with disabilities 
within the definition of underserved students. We also call for 
applicants to address inequities in access to fully certified, 
experienced, and effective teachers, and therefore, welcome applicants 
to address shortages of special education educators.
    Changes: None.
    Priority 2(a)(2)--Hiring, Compensation, and Advancement Systems.
    Comments: One commenter supported the focus in paragraph (a)(2) on 
compensation and career advancement. Another commenter proposed an 
emphasis on schools with the students who have the highest needs and 
students of color.
    Discussion: The Department appreciates the idea of compensation and 
career advancement and notes that the priority, as stated, already 
explicitly notes these areas of focus. Regarding a focus on a specific 
set of schools, we maintain flexibility in the language of the priority 
in order to allow applicants to address the unique needs in their 
context; applicants are invited to describe the ways they intend to 
support underserved students and high-need students, which allows for 
emphasis on students attending specific types of schools.
    Changes: None.
    Priority 2(a)(3)(iii)--Professional Development.
    Comments: One commenter recommended that we revise paragraph 
(a)(3)(iii) to include ongoing anti-bias training and practices. 
Another commenter suggested that we require the professional 
development to be high-quality, inclusive, and accessible, noting that 
such professional development can greatly benefit all students, 
especially those with disabilities.
    Discussion: Regarding anti-bias training, the Department is 
interested in maintaining broad and flexible language in this priority 
to allow proposed projects to include activities most relevant to their 
specific context; we welcome applicants to propose projects that 
include anti-bias training under paragraph (a)(3)(iii) of Priority 2. 
The Department agrees with the need for professional development to be 
high quality and has clarified that we use the term ``professional 
development'' as it is defined in section 8101(42) of the ESEA, which 
specifies aspects of professional learning that are indicators of 
quality. We also agree that all projects under EIR should be inclusive 
and accessible; the existing requirement applicable to this program 
under section 427 of the General Education Provisions Act already 
requires applicants to ensure equitable access to, and participation 
in, federally assisted programs. However, the Department welcomes 
projects that include these specific ideas.
    Changes: We have revised paragraph (a)(3)(iii) to clarify that we 
refer to ``professional development'' as it is defined in section 
8101(42) of the ESEA.
    Priority 2(a)(3)(iv)--Workplace Conditions.
    Comments: One commenter suggested that, in paragraph (a)(3)(iv) of 
Priority 2, we emphasize creating inclusive and culturally affirming 
working environments for all teachers.
    Discussion: The Department supports the betterment of workplace 
conditions for high-quality teaching and learning and appreciates the 
suggested improvement to further clarify the priority.
    Changes: The Department has revised Priority 2 under paragraph 
(a)(3)(iv) by adding the creation of inclusive and culturally affirming 
working environments as a means to improve workplace conditions.
    Priority 2(c)--Addressing Bias and Inclusive, Supportive Learning 
Environments.
    Comments: Eight commenters expressed general support for addressing 
implicit bias. One commenter, however, expressed concern that while 
this activity is commendable, it could be difficult to evaluate.
    Discussion: Although projects proposed under this subpart may have 
unique considerations for evaluation design, it will be up to 
applicants to propose rigorous evaluation approaches that are 
responsive to the relevant requirements and selection criteria in the 
notice inviting applications.
    Changes: None.
    Priority 2(d)--Including Diverse Stakeholders.
    Comments: Eight commenters supported this priority subpart. 
However, one commenter suggested that we expand the list of diverse 
stakeholders to include families,

[[Page 40525]]

caretakers, educators, and community leaders.
    Discussion: The Department agrees that State and local education 
decision-making processes should include meaningful engagement with a 
broad range of stakeholders, including families, caretakers, educators, 
and community leaders.
    Changes: The Department has added new language in paragraph (d) of 
Priority 2 to expand the diverse representation of stakeholders to also 
include families, caretakers, educators, and community leaders and 
clarify that ``educators'' means teachers, school leaders, and other 
school staff.
    Priority 2(e)--Exclusionary Discipline and Resource Equity.
    Comments: One commenter expressed appreciation for this subpart, 
especially as it related to the disproportionate use of discipline on 
students with disabilities. Another commenter suggested we add a third 
activity to paragraph (e) related to studying the impact of additional 
funding to meet the needs of underserved students, and allow applicants 
to propose projects that address one or more of the three. Another 
commenter, while citing the importance of supporting resource equity, 
suggested adding language regarding measurability.
    Discussion: The Department appreciates the need for clarity on the 
distinction between discipline and resource equity. Regarding the 
suggested additional activity, applicants would be welcome under 
paragraph (f) of this priority to outline their plans exploring the 
impact of additional funding levels. The Department appreciates the 
focus on measurability, which is already addressed by the program 
requirement that requires grantees to conduct an independent evaluation 
of the effectiveness of its project.
    Changes: The Department has revised the priority by separating the 
topics of discipline and resource equity into two distinct activities 
in paragraph (e) and (f).

Definition--High-Quality Tutoring

    Comments: Nine commenters proposed changes to improve the 
definition of ``high-quality tutoring'' and one commenter supported the 
definition as written.
    Three commenters asked that we require the tutoring to be aligned 
with academic standards, and another suggested specifying that tutoring 
does not replace classroom teaching. Five commenters suggested that we 
include specific evidence tiers in the definition, and five others 
suggested specifying that small groups be no larger than four students 
per tutor. Two commenters stated that the definition should require 
that tutoring occur during the regular school day, while several others 
recommended specific requirements on its frequency and duration (e.g., 
that tutoring should occur at least every other day and for the entire 
school year).
    Three commenters also suggested we revise the definition to require 
equitable access to the tutoring or a specific focus on underserved 
students, and another recommended that we require tutors to be well-
trained for the specific tutoring strategies implemented during the 
tutoring sessions.
    Discussion: The Department agrees with the suggestions for refining 
the definition to clarify that tutoring does not replace classroom 
teaching and must be aligned with academic standards. Regarding 
comments about enhancing the evidence requirement within this 
definition, the EIR program already includes specific evidence 
requirements consistent with the program statute (for example, Early-
phase grantees must meet the Demonstrates a Rationale level of 
evidence).
    The Department declines to be prescriptive on specific ratios, 
dosage, frequency, duration, or time of day to allow applicants to 
propose plans appropriate to student need and contextual consideration. 
The Department agrees that equitable access to high-quality tutoring 
and focusing projects on underserved students is important. However, 
equitable access is already required under section 427 of the General 
Education Provisions Act. A focus on serving high-need students is 
already required under section 4611(a)(1)(A) of the ESEA.
    Regarding the suggestion that a tutor's training be specific to the 
tutoring strategies being used, the Department has determined that such 
clarification is not necessary as tutors may employ a mix of existing 
strategies that do not necessitate training and new strategies for 
which specific training is necessary. Additionally, broad training 
(such as training on behavior management or content) may also be useful 
to tutors and the Department does not want training of this nature to 
be precluded.
    Changes: The Department has revised the definition of ``high-
quality tutoring'' by adding language to clarify that it should not be 
a replacement for classroom teaching and that it should be aligned to 
standards.

Definition--Personalized Learning

    Comments: One commenter offered general support for the definition 
of ``personalized learning.'' Another expressed concern that varying 
objectives and content might result in lower standards.
    One commenter suggested emphasizing the student's role in decision 
making, while another commenter offered an alternate definition with 
similar elements of tailoring learning to students needs and interests.
    Discussion: The Department appreciates the support for the 
definition of ``personalized learning.'' Personalized learning 
inherently involves customizing content and pace to meet learner needs. 
Accordingly, the Department is maintaining the flexibility for projects 
to tailor the objectives and content of the instruction to learner 
needs, but notes, in recognition of the commenter's concerns about 
quality, that the definition requires the instruction to be aligned 
with rigorous standards. The Department agrees that student-centered 
decision-making is a key element of personalized learning; the 
definition notes that student feedback is one potential source of data 
that may be used to personalize learning. This definition draws on 
language used by the Department across programs, and we believe that 
maintaining consistent language is helpful for stakeholders and the 
Department in administering its programs. However, we note that the 
final definition shares its core elements with the proposed alternative 
definition.
    Changes: None.

Definition--Underserved Students

    Comments: Of the four comments related to the definition of 
``underserved students,'' one generally supported the comprehensive 
detail in the proposed definition. Another commenter specifically 
supported the inclusion of ``intersex'' students in paragraph (i), 
which initially stated the following: ``Lesbian, gay, bisexual, 
transgender, queer, and intersex (LGBTQI+) students.'' Two commenters 
suggested that we revise paragraph (e) relating to students with 
disabilities, to clarify that it includes students served under the 
Individuals with Disabilities Education Act (IDEA) and Section 504 of 
the Rehabilitation Act of 1973.
    One commenter suggested additional examples of underserved 
students, including students first in their family to graduate high 
school and adults who previously dropped out.
    Discussion: The Department appreciates the support for the 
definition as well as the suggested clarification to ensure broad 
inclusion of students with disabilities. The Department understands the 
importance

[[Page 40526]]

of inclusion and respecting the rights of intersex students. Every time 
the Department uses the term LGBTQ+, it is including intersex youth. 
The definition is non-exhaustive so entities applying for an EIR grant 
may include other examples of underserved students (such as the two 
proposed additions as well as intersex students) relevant to their 
proposed project.
    Changes: The Department revised paragraph (e) to clarify that 
``students with disabilities'' includes students served under IDEA and 
Section 504. The Department has also removed the explicit mention of 
intersex students in paragraph (i).

Other Definitions

    Comments: A few commenters suggested other terms for the Department 
to define. One commenter suggested adding a definition for ``whole-
learner approaches''; the proposed definition included comprehensive 
description with proposed approaches that support physical, social-
emotional, creative, and cognitive development, among other specifics, 
with a suggestion to use that definition in both proposed priorities. 
Three commenters suggested we revise the definitions for ``specialized 
instructional support personnel'' and ``well-rounded education.'' 
Another commenter suggested we adopt the definition of ``professional 
development'' from section 8101 of the ESEA.
    Discussion: The proposed definition of ``whole-learner approaches'' 
includes elements already supported in EIR or included in the NPP (such 
as social-emotional learning, well-rounded education, culturally and 
linguistically responsive teaching, and personalized learning). 
Accordingly, an applicant could propose those types of activities under 
the priorities as stated, so changes to the priorities and definitions 
are not needed. As this program is authorized under the ESEA, we will 
use the ESEA definitions of ``specialized instructional support 
personnel'' and ``well-rounded education'' for consistency across 
programs. We agree that the definition of ``professional development'' 
in section 8101(42) of the ESEA includes strong components of high-
quality professional development.
    Changes: We have clarified in each place where ``professional 
development'' is referenced in the priorities (including Priority 1 
paragraph (b)(4), Priority 2 paragraph (a)(3)(iii), and Priority 2 
paragraph (2)(f)) that we are using the term as defined in section 
8101(42) of the ESEA.

Final Priorities

    This document contains two final priorities.
    Priority 1--Innovative Approaches to Addressing the Impact of 
COVID-19 on Underserved Students and Educators.
    Projects designed to address the needs of underserved students and 
educators most impacted by COVID-19 through--
    (a) Engaging in two-way, mutually respectful collaboration with key 
stakeholders, such as families, caretakers, students, educators 
(including teachers, school leaders, and other school staff), and 
community leaders (including individuals from diverse cultural, 
linguistic, and socioeconomic backgrounds), to assess and understand 
students' social, emotional, physical and mental health, and academic 
needs, in light of historical educational inequities and the impact of 
the COVID-19 pandemic; and
    (b) Developing and implementing strategies to address those needs 
through one or more of the following:
    (1) Re-engaging students (and their families) and strengthening 
relationships between educators, students, and families.
    (2) Supporting district- and school-wide use of personalized 
learning (as defined in this notice).
    (3) Utilizing multi-tier system of supports (as defined in section 
8101(33) of the ESEA) and universal design for learning (as defined in 
section 8101(51) of the ESEA).
    (4) Providing educators with professional development (as defined 
in section 8101(42) of the ESEA) and resources to use trauma-informed 
practices.
    (5) Creating or supporting equitable and inclusive learning 
environments in schools.
    (6) Ensuring students have access to additional specialized 
instructional support personnel (as defined in section 8101(47 of the 
ESEA) during their school day, at their school site.
    (7) Finding and supporting students experiencing homelessness, 
including those not attending school during the pandemic.
    (8) Providing additional supports to educators to address their 
mental health and well-being and instructional practice needs.
    (9) Providing evidence-based supports and educational opportunities 
to accelerate grade-level student learning (especially for underserved 
students) through in-class learning and additional instructional 
practice, including those supported by technology in ways that do not 
contribute to tracking or remediation, which may include one or both of 
the following:
    (i) High-quality tutoring (as defined in this notice), summer 
learning and enrichment, or opportunities for high-quality expanded 
learning time (as defined in section 8101(2) of the ESEA) as well as 
implementation of embedded, high-quality formative assessment to 
support personalization.
    (ii) Providing targeted supports for high school students to 
prepare for post-secondary education transition and success.
    Priority 2--Promoting Equity and Adequacy in Student Access to 
Educational Resources and Opportunities.
    Projects designed to promote equity in access to critical resources 
for underserved students in prekindergarten through grade 12 through 
one or more of the following:
    (a) Addressing inequities in access to fully certified, 
experienced, and effective teachers through one or more of the 
following activities:
    (1) Improving the preparation, recruitment, early career support, 
and development of teachers in high-need or hard-to-staff schools, 
including strategies that improve teacher diversity.
    (2) Reforming hiring, compensation, and advancement systems.
    (3) Improving the retention of fully certified (including teachers 
certified in the area they are assigned to teach), experienced, and 
effective teachers in districts, schools, and classrooms serving high 
concentrations of underserved students through one or more of the 
following activities:
    (i) Providing comprehensive, high-retention pathways into the 
profession.
    (ii) Creating or enhancing opportunities for teachers' professional 
growth and leadership opportunities.
    (iii) Delivering collaborative, job-embedded, and sustained 
professional development.
    (iv) Improving workplace conditions to create opportunities for 
successful teaching and learning, including through inclusive and 
culturally affirming working environments.
    (b) Addressing inequities in access to and success in rigorous, 
engaging, and culturally and linguistically responsive teaching and 
learning environments that prepare students for college and career 
through one or both of the following activities:
    (1) Increasing access to and success in middle school courses that 
are foundational to advanced coursework in high school; advanced 
courses and programs, including Advanced Placement, International 
Baccalaureate, high-quality dual or concurrent enrollment (as defined 
in section 8101(15) of the ESEA), and high-quality

[[Page 40527]]

early college high school (as defined in section 8101(17) of the ESEA) 
programs; high-quality STEM programs; or high-quality career and 
technical education pathways that are integrated into the curriculum.
    (2) Developing, and expanding access to, programs designed to 
provide a well-rounded education (as defined in section 8101(52) of the 
ESEA).
    (c) Addressing bias (e.g., implicit and explicit) and creating 
inclusive, supportive learning environments.
    (d) Involving diverse stakeholders to include students, families, 
caretakers, educators (including teachers, school leaders, and other 
staff), and community leaders in State and local education decisions.
    (e) Identifying and addressing, in collaboration with students, 
families, and educators, policies that result in the disproportionate 
use of exclusionary discipline through data collection and analysis 
(including school climate surveys) disaggregated by race, sex, English 
learner, disability status, gender-identity, and sexual orientation, in 
compliance with 20 U.S.C. 1232h and 34 CFR part 98, and other important 
variables.
    (f) Identifying and addressing issues of equity in access to and 
the use of innovative tools, rigorous content, and effective teaching 
and learning practices, including by providing job-embedded 
professional development to educators on strategies for equitably 
integrating educational technology in ways that elevate student 
engagement beyond passive use and over-reliance on drill-and-practice 
to a more robust, creative, and playful medium.
    (g) Addressing policies, practices, and procedures that contribute 
to significant disproportionality in special education or programs for 
English learners based on race or ethnicity.
    (h) Improving the quality of educational programs in juvenile 
justice facilities (such as detention facilities and secure and non-
secure placements) or supporting re-entry after release, by linking 
youth to education or job training programs.

Types of Priorities

    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority 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)).
    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 one or more of these priorities, we invite 
applications through a notice in the Federal Register.

Final Definitions

    This document includes three final definitions. We may apply these 
definitions in any year in which this program is in effect. We also 
intend to use the definitions from section 8101 of the ESEA that we 
included for informational purposes in the NPP, as well as the 
definition of universal design for learning and professional 
development, as discussed above.
    High-quality tutoring means tutoring that is based on evidence-
based strategies to support students' success in the classroom 
(provided in addition to, and not as a replacement for, classroom 
teaching); is delivered in individualized or small-group settings; 
reflects differentiated support based on student need; is aligned with 
the district's curriculum and rigorous academic standards; has 
established standards of intensity and dosage based on level of need; 
is delivered by tutors who are well-trained, who are supported with 
resources and personnel (such as a tutor coordinator), and who work 
closely with the student's teacher of record; and includes instruments 
to examine instructional quality and quantity.
    Personalized learning means instruction that is aligned with 
rigorous college- and career-ready standards so that the pace of 
learning and the instructional approach are tailored to the needs of 
individual learners. Learning objectives and content, as well as the 
pace, may all vary depending on a learner's needs. Personalized 
learning may also draw on a number of student-centered blended learning 
models (e.g., competency-based education, project-based learning, 
universal design for learning). In addition, learning activities are 
aligned with specific interests of each learner. Data from a variety of 
sources (including formative assessments, student feedback, and 
progress in digital learning activities), along with teacher 
recommendations, are often used to personalize learning.
    Underserved students means high-need students as determined by the 
applicant, which may include one or more of the following:
    (a) Students who are living in poverty, especially those students 
who are also served by schools with high concentrations of students 
living in poverty.
    (b) Students of color.
    (c) Students who are members of federally recognized Indian Tribes.
    (d) English learners.
    (e) Students with disabilities, including students served under the 
Individuals with Disabilities Education Act and Section 504 of the 
Rehabilitation Act of 1973.
    (f) Disconnected youth, including but not limited to (1) students 
who lost significant amounts of in-person instruction as a result of 
the COVID-19 pandemic, and (2) students who did not consistently 
participate in remote instruction when offered during school building 
closures.
    (g) Migrant students.
    (h) Students experiencing homelessness.
    (i) Lesbian, gay, bisexual, transgender, and queer (LGBTQ+) 
students.
    (j) Students in foster care.
    (k) Students without documentation of immigration status.
    (l) Pregnant, parenting, or caregiving students.
    (m) Students impacted by the justice system including formerly 
incarcerated students.
    (n) Students who are the first in their family to attend 
postsecondary education.
    (o) Students enrolling in or seeking to enroll in postsecondary 
education for the first time at the age of 20 or older.
    (p) Students who are working full-time while enrolling in 
postsecondary education.
    (q) Students who are enrolling in or seeking to enroll in 
postsecondary education who are eligible for a Pell Grant.
    (r) Adult students with low skills, including those with limited 
English proficiency.

[[Page 40528]]

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 final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866. 
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the 
Office of Information and Regulatory Affairs designated this rule as 
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
    We have also reviewed this final 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 upon 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 final priorities and definitions only on a 
reasoned determination that the benefits justify the costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that maximize net benefits. Based on the analysis that follows, the 
Department believes that this regulatory action is 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 administering the Department's programs and activities.
    Summary of Costs and Benefits: The Department believes that these 
final priorities and definitions will not impose significant costs on 
the entities eligible to apply for EIR. We also believe that the 
benefits of implementing the final priorities justify any associated 
costs.
    The potential costs are those resulting from statutory requirements 
and those we have determined as necessary for administering the 
Department's programs and activities.
    Priority 1 gives the Department the opportunity to offer applicants 
a wide array of potential projects that help them respond to the impact 
of COVID-19 on students. Additionally, by offering ideas and options 
for projects, we believe that this priority could result in a number of 
changes including enhancing stakeholder engagement and implementing 
innovative strategies to both respond to student needs that were 
exacerbated by COVID-19 and allow for the evaluation of such impact. 
The innovation and research activities supported under this priority 
have the potential to change instructional practices in ways that will 
improve student outcomes and enable the field to have a more refined 
set of strategies to respond to other global crises should such need 
arise in the future.
    Priority 2 gives the Department the opportunity to offer applicants 
a wide array of potential projects that promote equity and reinforce 
EIR's statutory requirements to serve high-need students. Additionally, 
by offering ideas and options for projects, we believe that this 
priority could result in a number of changes including enhancing 
innovative approaches to equity and allow for the evaluation of such 
impact.
    Because these final priorities and definitions would neither expand 
nor restrict the universe of eligible entities for any Department grant 
program, and since application submission and participation in our 
discretionary grant programs is voluntary, there are no costs 
associated with these priorities and definitions.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this final regulatory action will not have a significant economic 
impact on a substantial number of small entities. The U.S. Small 
Business Administration Size Standards define ``small entities'' as 
for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this regulatory action will affect are 
public or private nonprofit agencies and organizations, including 
institutions of higher education, that may apply. We believe that the 
costs imposed on an applicant by the final priorities and definitions 
will be limited to paperwork burden related to preparing an application 
and that the benefits of implementing these final priorities and 
definitions will outweigh any costs incurred by the applicant. 
Therefore, we do not believe that the final priorities and definitions 
will significantly impact entities beyond the potential for receiving 
additional support should the entity receive a competitive grant from 
the Department.

[[Page 40529]]

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information, in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: The public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    The final priorities and definitions contain information collection 
requirements that are approved by OMB under OMB control numbers 1894-
0006. The Department will request OMB approval under 1894-0006 for the 
Early-phase grants program (84.411C) around the same time this document 
publishes.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: On request to the 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, a thumb drive, an MP3 file, braille, 
large print, audiotape, or compact disc or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office for Elementary and Secondary Education.
[FR Doc. 2021-16097 Filed 7-27-21; 8:45 am]
BILLING CODE 4000-01-P