[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