[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8564-8570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03208]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Equity Assistance Centers
AGENCY: Office of Elementary and Secondary Education, Department of
Education
ACTION: Notice.
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SUMMARY: The Department of Education is issuing a notice inviting
applications for fiscal year (FY) 2022 for the Equity Assistance
Centers, Assistance Listing Number 84.004D. This notice relates to the
approved information collection under OMB control number 1894-0006.
DATES:
Applications Available: February 15, 2022.
Deadline for Transmittal of Applications: May 16, 2022.
Deadline for Intergovernmental Review: July 15, 2022.
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 December 27, 2021 (86 FR 73264) and available at
www.federalregister.gov/d/2021-27979. Please note that these Common
Instructions supersede the version published on February 13, 2019, and,
in part, describe the transition from the requirement to register in
SAM.gov a Data Universal Numbering System (DUNS) number to the
implementation of the Unique Entity Identifier (UEI). More information
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
FOR FURTHER INFORMATION CONTACT: Rebekka Meyer, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E114, Washington, DC 20202.
Telephone: (202) 453-5641. 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 Equity Assistance Centers (EAC) program is
authorized under title IV of the Civil Rights Act of 1964, 42 U.S.C.
2000c--2000c-2, 2000c-5, and the implementing regulations in 34 CFR
part 270. This program awards grants through cooperative agreements
``to operate regional EACs that provide technical assistance (including
training) at the request of school boards and other responsible
governmental agencies in the preparation, adoption, and implementation
of plans for the desegregation of public schools''--which in this
context means plans for equity (including desegregation based on race,
national origin, sex, and religion)--``and in the development of
effective methods of coping with special educational problems
occasioned by desegregation''(34 CFR 270.1).
Background: 42 U.S.C. 2000c SEC. 403 establishes the EAC program to
provide technical assistance at the request of eligible entities with
regard to ``special educational problems occasioned by desegregation.''
This term is defined in 34 CFR 270.7 to mean ``those issues that arise
in classrooms, schools, and communities in the course of desegregation
efforts based on race, national origin, sex, or religion.'' 34 CFR 270
additionally creates the term ``Desegregation assistance'', defined as
``the provision of technical assistance (including training) in the
areas of race, sex, national origin, and religion desegregation of
public elementary and secondary schools'' to describe the technical
assistance services provided under this program. Desegregation
assistance, per 34 CFR 270.4, ``may include, among other activities:
(1) Dissemination of information regarding effective methods of coping
with special educational problems occasioned by desegregation; (2)
assistance and advice in coping with these problems; and (3) training
designed to improve the ability of teachers, supervisors, counselors,
parents, community members, community organizations, and other
elementary or secondary school personnel to deal effectively with
special educational problems occasioned by desegregation.'' A project
must provide technical assistance in all four of the desegregation
assistance areas: Race, sex, national origin, and religion
desegregation (34 CFR 270.4). For example, EACs provide critical
support to public schools, upon request by school boards and other
responsible governmental entities in their geographic region, in
developing effective strategies to ensure all students have a full
opportunity to participate in educational programs. This may include
assisting schools in fostering positive and safe learning environments
that meet all students' needs, and that are free of bullying and
violence related to race, color, national origin, sex, or religion.
When requested, EACs may provide technical assistance only to students
enrolled in public schools, parents of those students, public school
personnel, community organizations, and other community members (34 CFR
270.3).
Previously known as the Desegregation Assistance Centers program,
the EAC program is authorized under the Civil Rights Act of 1964 and
has provided comprehensive training and advisory services on
desegregation issues to States, school districts, and schools since the
mid-1960s. Through the grants funded through this notice, the EAC
program will continue to advance the Department's priorities to promote
equity in student access to educational resources and opportunities.
[[Page 8565]]
In 2016, the Department reduced the number of EAC geographic
regions from ten to four. The four EACs have experienced a steady
increase in demand for services each year since this reorganization. In
FY 2017, EACs provided targeted and intensive assistance to 20 State
educational agencies (SEAs) and 48 local educational agencies (LEAs) in
33 States and territories. In FY 2020, EACs provided targeted and
intensive assistance to 36 SEAs and 196 LEAs in 49 States and
territories. This growth may be attributable to several factors,
including increased awareness of the EAC services among potential
clients (e.g., SEAs, LEAs), recent increases in public interest in
issues related to discrimination, and desegregation-related issues
caused or exacerbated by the COVID-19 pandemic and conditions
necessitated by it (e.g., instances of online bullying related to race
or ethnicity as a result of an increase in virtual instruction during
the pandemic).
To ensure that new EAC grantees adequately respond to this increase
in demand for services, applicants should have expert knowledge of
Federal statutory requirements, regulations, and policies related to
desegregating public schools by race, sex, national origin, and
religion.
When addressing the selection criteria in the NIA, eligible
applicants are encouraged to:
Demonstrate their experience delivering technical
assistance and training, informed by relevant data, that have resulted
in documented improvements in creating more equitable learning
environments for students;
Demonstrate their proven ability to manage personnel,
resources, and budgets to adequately respond to a high volume of
technical assistance requests;
Describe how they will consider the unique and diverse
local and cultural needs of communities within their regions (e.g.,
taking into account differences in the racial, ethnic, or religious
diversity of the student populations in rural communities, communities
with newcomer families, communities with high instances of languages
other than English spoken in the home, Tribal communities) and consider
appropriate staffing and partnerships that can assist the EAC in
meeting diverse regional needs; and
Describe their comprehensive plans to expeditiously
establish and maintain networks of professional partnerships to further
their desegregation work. This should include working relationships
with Department offices and grant programs (e.g., the Office for Civil
Rights), other Federal agencies (e.g., the Department of Justice),
Department-funded technical assistance providers (e.g., Comprehensive
Centers, Regional Educational Laboratories), potential clients (e.g.,
SEAs, LEAs in their regions), and professional organizations that can
improve the effectiveness of their desegregation efforts, particularly
in the applicant's EAC region.
The Department recognizes that developing effective methods of
coping with special educational problems occasioned by desegregation
based on race, religion, national origin, and sex in public schools may
also intersect with many other areas of important educational equity
work, including socioeconomic status and disability, among others.
Therefore, to improve the effectiveness of collaborative efforts across
technical assistance providers to create more equitable learning
environments responsive to a comprehensive range of student needs, the
Department encourages applicants to include in their proposed plans for
networks of professional partnerships approaches for collaboration with
agencies and organizations that reflect the broader intersectional
nature of educational equity work.
The EAC program awards four grants, one for each geographical
region. Each geographical region is comprised of, on average, 14 States
and Territories. Given the large geographic size of each region, the
skill and technological capacity to provide effective remote technical
assistance and training are critical to the success of each EAC
grantee. The Department encourages each applicant to propose a
comprehensive plan to efficiently deliver effective remote technical
assistance and training to clients that comply with applicable legal
requirements for accessibility, including those required under Section
504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act.
We encourage applicants to describe a project design for service
delivery informed by research or evaluation findings that demonstrates
a rationale (as defined in this notice), explaining how the project is
likely to improve or achieve relevant and expected outcomes (e.g., via
a logic model, as defined in this notice). In developing their
rationales, applicants should consider research and evaluation findings
regarding best practices for addressing desegregation based on sex,
race, religion, and national origin. Applicants should also consider
research and evaluation findings related to adult learning principles
and strategies for their work when training school administrators,
teachers, staff, and parents. Additionally, applicants should explain
when addressing the project design selection criteria how they will
examine the sources of inequities related to race, religion, national
origin, and sex in public schools, and their intersection with many
other areas of important educational equity work, including
socioeconomic status and disability, among others. Finally, applicants
should describe how the proposed training and advisory services it will
provide, if requested, will utilize evidence-based (as the term is
defined in 34 CFR 77.1) policies or strategies designed to increase
racial, ethnic, cultural, socioeconomic, and linguistic diversity in
educational settings (e.g., creating a safe and welcoming learning
environment for new students who are refugees and English learners).
Each EAC applicant should propose, whenever practicable, to employ
evidence-based practices that mitigate impacts of segregation based on
sex, race, religion, and national origin in public schools. Relatedly,
EAC applicants are encouraged to describe how they plan to contribute
to the evidence base on such practices, in accordance with the
definition of ``evidence-based'' in 34 CFR 77.1. Applicants may also
consider how the proposed project may develop evidence related to, or
provide technical assistance on, evidence-based policies or strategies
designed to increase inclusivity with regard to racial, ethnic,
cultural, and linguistic diversity in educational settings appropriate
to the needs of the intended recipients or beneficiaries of those
services. Accordingly, applicants should include as part of their
applications a rigorous evaluation plan that describes their methods to
identify and evaluate evidence-based practices and resources developed
in response to client requests and the criteria for determining the
extent to which outputs and client outcomes (short-term, midterm, and
long-term) were met as a result of the technical assistance provided.
Applicants should describe their current or recent working
relationships with governmental agencies legally responsible for
operating public schools in the applicants' EAC regions. Shortly after
awards are made, each grantee will be required to develop a
communications plan for working with the appropriate education agencies
within its region (e.g., SEAs, LEAs) to promote understanding about EAC
services and to foster productive relationships with the agencies and
the public at large. As part of this plan, each grantee must detail its
strategies,
[[Page 8566]]
including the use of technology-based resources, for receiving ongoing
and timely input on the needs of its clients and potential clients, and
the usefulness of its services. Each grantee must also describe how it
will continuously cultivate relationships with agencies and partners
that are knowledgeable about the desegregation-related needs in its EAC
region.
Priority: Under this competition we are particularly interested in
applications that address the following priority.
Invitational Priority: For FY 2022 and any subsequent year in which
the Department makes awards from the list of unfunded applications from
this competition, this priority is an invitational priority. Under 34
CFR 75.105(c)(1) the Department does not give an application that meets
this invitational priority a competitive or absolute preference over
other applications.
This priority is:
Promoting Equity Through Diverse Partnerships.
Projects designed to promote educational equity and adequacy in
resources and opportunity for underserved students in elementary
school, middle school, and high school settings and which are
implemented by or in partnership with one or more of the following
entities:
(a) Historically Black colleges and universities, defined as
colleges and universities that meet the criteria in 34 CFR 608.2.
(b) Tribal colleges and universities, as defined in section
316(b)(3) of the Higher Education Act of 1965, as amended (HEA).
(c) Minority-serving institutions, defined as institutions that are
eligible to receive assistance under sections 316 through 320 of part A
of title III, under part B of title III, or under title V of the HEA.
Definitions: For the convenience of applicants, the Department
highlights the following definitions for this competition. We include
definitions of the following terms from the EAC program regulations in
34 CFR 270.7: ``Desegregation assistance,'' ``Desegregation assistance
areas,'' ``English learner,'' ``Equity Assistance Center,'' ``National
origin desegregation,'' ``Public school,'' ``Race desegregation,''
``Religion desegregation,'' ``Responsible governmental agency,''
``School board,'' ``Sex desegregation,'' and ``Special educational
problems occasioned by desegregation.'' We also include the definitions
of ``demonstrates a rationale,'' ``logic model,'' ``project
component,'' and ``relevant outcome'' 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.
Desegregation assistance means the provision of technical
assistance (including training) in the areas of race, sex, national
origin, and religion desegregation of public elementary and secondary
schools.
Desegregation assistance areas means the areas of race, sex,
national origin, and religion desegregation.
English learner has the same meaning as the same term defined in
section 8101(20) of the Elementary and Secondary Education Act, as
amended.
Equity Assistance Center means a regional desegregation technical
assistance and training center funded under this part.
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.
National origin desegregation means the assignment of students to
public schools and within those schools without regard to their
national origin, including providing students such as those who are
English learners with a full opportunity for participation in all
educational programs regardless of their national origin.
Project component means an activity, strategy, intervention,
process, product, practice, or policy included in a project. Evidence
may pertain to an individual project component or to a combination of
project components (e.g., training teachers on instructional practices
for English learners and follow-on coaching for these teachers).
Public school means any elementary or secondary educational
institution operated by a State, subdivision of a State, or
governmental agency within a State, or operated wholly or predominantly
from or through the use of governmental funds or property, or funds or
property derived from governmental sources.
Race desegregation means the assignment of students to public
schools and within those schools without regard to their race,
including providing students with a full opportunity for participation
in all educational programs regardless of their race. ``Race
desegregation'' does not mean the assignment of students to public
schools to correct conditions of racial separation that are not the
result of State or local law or official action.
Relevant outcome means the student outcome(s) or other outcome(s)
the key project component is designed to improve, consistent with the
specific goals of the program.
Religion desegregation means the assignment of students to public
schools and within those schools without regard to their religion,
including providing students with a full opportunity for participation
in all educational programs regardless of their religion.
Responsible governmental agency means any school board, State,
municipality, LEA, or other governmental unit legally responsible for
operating a public school or schools.
School board means any agency or agencies that administer a system
of one or more public schools and any other agency that is responsible
for the assignment of students to or within that system.
Sex desegregation means the assignment of students to public
schools and within those schools without regard to their sex (including
transgender status; gender identity; sex stereotypes, such as treating
a person differently because he or she does not conform to sex-role
expectations because he or she is attracted to or is in a relationship
with a person of the same sex; and pregnancy and related conditions),
including providing students with a full opportunity for participation
in all educational programs regardless of their sex.
Special educational problems occasioned by desegregation means
those issues that arise in classrooms, schools, and communities in the
course of desegregation efforts based on race, national origin, sex, or
religion. The phrase does not refer to the provision of special
education and related services for students with disabilities as
defined under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
Program Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82,
84, 86, 97, 98, and 99. (b) The OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part
180, as adopted and amended as regulations of the Department in 2 CFR
part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
[[Page 8567]]
in 2 CFR part 200, as adopted and amended as regulations of the
Department in 2 CFR part 3474. (d) The regulations for this program in
34 CFR part 270.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
II. Award Information
Type of Award: Cooperative agreement.
Estimated Available Funds: The Administration has requested
$6,575,000 for this program for FY 2022, of which we intend to use an
estimated $6,500,000 for awards under this competition. The actual
level of funding, if any, depends on final congressional action.
However, the Department is inviting applications to allow enough time
to complete the grant process before the end of the current fiscal
year, if Congress appropriates funds for this program.
Estimated Range of Awards: $1,400,000-$1,700,000.
Estimated Average Size of Awards: $1,625,000.
Maximum Award: The Department will not make an award exceeding
$1,700,000 for a single budget period of 12 months. Under 34 CFR
75.104(b), the Secretary may reject without consideration or evaluation
any application that proposes a project funding level that exceeds the
stated maximum award amount.
Estimated Number of Awards: 4.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: To be considered for an award under this
competition, an applicant must be:
(a) A public agency (other than a State educational agency or a
school board);
(b) A private, non-profit organization; or
(c) A consortium comprised entirely of agencies or organizations
described in clauses (a) or (b).
Note: If applying as a consortium, applicants should refer to 34
CFR 75.127-75.129 for information about group applications.
If you are a nonprofit organization, under 34 CFR 75.51, you may
demonstrate your nonprofit status by providing: (1) Proof that the
Internal Revenue Service currently recognizes the applicant as an
organization to which contributions are tax deductible under section
501(c)(3) of the Internal Revenue Code; (2) a statement from a State
taxing body or the State attorney general certifying that the
organization is a nonprofit organization operating within the State and
that no part of its net earnings may lawfully benefit any private
shareholder or individual; (3) a certified copy of the applicant's
certificate of incorporation or similar document if it clearly
establishes the nonprofit status of the applicant; or (4) any item
described above if that item applies to a State or national parent
organization, together with a statement by the State or parent
organization that the applicant is a local nonprofit affiliate.
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
Cost Principles described 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.
4. Geographical Regions: One EAC will be funded under this grant
program in each of four geographical regions, in accordance with 34 CFR
270.5 and 270.20. One award will be made in each region to the highest-
ranking proposal from that region. If an applicant wishes to apply to
serve more than one region, the applicant must submit a separate
application for each region it wishes to serve.
Note: The Department intends to create four separate funding
slates, one for each geographic region. The Department anticipates
funding a single EAC in each geographic region.
The geographic regions served by the EACs are:
Region I: Connecticut, Delaware, Kentucky, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania,
Puerto Rico, Rhode Island, Vermont, Virgin Islands, West Virginia.
Region II: Alabama, Arkansas, District of Columbia, Florida,
Georgia, Louisiana, Mississippi, North Carolina, South Carolina,
Tennessee, Texas, Virginia.
Region III: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota,
Wisconsin.
Region IV: Alaska, American Samoa, Arizona, California, Colorado,
Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming.
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 December 27, 2021 (86 FR 73264) and available at
www.federalregister.gov/d/2021-27979, which contain requirements and
information on how to submit an application. Please note that these
Common Instructions supersede the version published on February 13,
2019, and, in part, describe the transition from the requirement to
register in SAM.gov a DUNS number to the implementation of the UEI.
More information on the phase-out of DUNS numbers is available at
https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the EAC 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 the Department plans 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.
4. Funding Restrictions: The Department references regulations
outlining funding restrictions in the
[[Page 8568]]
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 application. The Department recommends 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.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 75.210. The maximum score for addressing all of these
criteria is 100 points. The maximum score for addressing each criterion
is indicated in parentheses.
(a) Quality of the project design. (Up to 65 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 services to be provided by the proposed
project are appropriate to the needs of the intended recipients or
beneficiaries of those services. (Up to 15 points)
(ii) The extent to which the services to be provided by the
proposed project involve the collaboration of appropriate partners for
maximizing the effectiveness of project services. (Up to 10 points)
(iii) The extent to which the proposed project demonstrates a
rationale (as defined in this notice). (Up to 10 points)
(iv) 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. (Up to 10 points)
(v) The extent to which the methods of evaluation will provide
performance feedback and permit periodic assessment of progress toward
achieving intended outcomes. (Up to 10 points)
(vi) How the applicant will ensure that a diversity of perspectives
are brought to bear in the operation of the proposed project, including
those of parents, teachers, the business community, a variety of
disciplinary and professional fields, recipients or beneficiaries of
services, or others, as appropriate. (Up to 10 points)
(b) Quality of project personnel. (Up to 20 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. (Up to 10 points)
(3) In addition, the Secretary considers the qualifications,
including relevant training and experience, of key project personnel.
(Up to 10 points)
(c) Adequacy of resources. (Up to 15 points)
(1) The Secretary considers the adequacy of resources for the
proposed project.
(2) In determining the adequacy of resources for the proposed
project, the Secretary considers the following factors:
(i) The extent to which the technical assistance services to be
provided by the proposed project involve the use of efficient
strategies, including the use of technology, as appropriate, and the
leveraging of non-project resources. (Up to 10 points)
(ii) The extent to which the budget is adequate to support the
proposed project. (Up to 5 points)
2. Review and Selection Process: The Department reminds 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
also 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
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Special 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 special conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2) the Department 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.
[[Page 8569]]
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, the Department
notifies your U.S. Representative and U.S. Senators and sends 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 purposes of Department reporting under
34 CFR 75.110, we have established the following performance measures
for the EAC program:
Measure 1: The percentage of clients reporting an increase in
awareness or knowledge resulting from technical assistance provided.
Measure 2: The percentage of clients who report changed policies or
practices related to providing students with a full opportunity for
participation in all educational programs regardless of their sex,
race, religion, and national origin.
Measure 3: The percentage of clients reporting an increase in
capacity resulting from technical assistance provided.
Measure 4: The percentage of technical assistance requests received
from organizations that were accepted during the performance period.
Measure 5: The percentage of clients willing to request additional
technical assistance or refer another organization to an EAC for
technical assistance during the performance period.
Measure 6: The percentage of clients who report that outcomes, as
documented in memoranda of understanding with EACs, were met as a
result of the technical assistance provided.
Note: Measure 6 is a new performance measure for this program. The
Department removed the measure on the percentage of technical
assistance requests received from new (not previously served by the
EAC) organizations during the performance period.
All grantees will be expected to submit, as part of their annual
and final performance reports, quantitative data documenting their
progress with regard to these performance measures.
Project-Specific Performance Measures: An applicant may propose
measures specific to that applicant's proposed project. If an applicant
chooses to propose such project-specific measures, the application must
provide the following information as directed under 34 CFR 75.110(b):
How each proposed measure would accurately measure the performance of
the project and how the proposed measure would be consistent with the
performance measures established for this program.
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
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text format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Ruth E. Ryder,
Deputy Assistant Secretary for Policy and Programs, Office of
Elementary and Secondary Education.
[FR Doc. 2022-03208 Filed 2-14-22; 8:45 am]
BILLING CODE 4000-01-P