[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19388-19390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06965]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED-2021-OESE-0148]


Final Definition--Supporting Effective Educator Development 
Program

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

ACTION: Final definition.

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SUMMARY: The Department of Education (Department) announces a 
definition under the Supporting Effective Educator Development (SEED) 
program, Assistance Listing Number 84.423A. We may use this definition 
for competitions in fiscal year (FY) 2022 and later years. We take this 
action to clarify the conditions under which a nonprofit entity may be 
defined as a national entity.

DATES: This definition is effective May 4, 2022.

FOR FURTHER INFORMATION CONTACT: Christine Miller, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3C152, Washington, DC 20202. 
Telephone: (202) 260-7350. 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: 
    Purpose of Program: The SEED program provides funding to increase 
the number of highly effective educators by supporting the 
implementation of evidence-based practices that prepare, develop, or 
enhance the skills of educators. SEED grants allow eligible entities to 
develop, expand, and evaluate practices that can serve as models to be 
sustained and disseminated.
    Program Authority: Section 2242 of the Elementary and Secondary 
Education Act of 1965, as amended (20 U.S.C. 6672).
    We published a notice of proposed definition (NPP) for this program 
in the Federal Register on December 15, 2021 (86 FR 71207). The NPP 
contained background information and our reasons for proposing the 
definition.
    Except for minor editorial and technical revisions, there are no 
differences between the proposed definition and the final definition.
    Public Comment: In response to our invitation in the NPP, we 
received seven comments, six of which were relevant to the proposed 
definition and considered in the analysis. Of the six comments 
addressing the proposed definition, three expressed support for the 
definition. Of these three comments, one commenter offered a specific 
recommendation for revising the definition, and the other two 
commenters raised concerns that the definition de-emphasized the SEED 
program's requirement that national nonprofit entities demonstrate 
evidence of educational effectiveness. The remaining three comments 
expressed disagreement with the definition, arguing that the definition 
would be too restrictive and would limit the potential pool of 
applicants from the nonprofit sector. Two commenters raised concerns 
that the definition would impose restrictions on nonprofit entities but 
not on institutions of higher education, which are also eligible 
applicants under the SEED program. Responses to these comments are 
found in the Analysis of the Comments and Changes below.
    Analysis of the Comments and Changes: An analysis of the comments 
and of any changes to the proposed definition follows. Generally, we do 
not address technical and other minor changes, or suggested changes we 
are not authorized to make under the applicable statutory authority. In 
addition, we do not address general comments that raised concerns not 
directly related to the NPP. We group major issues according to 
subject.
    Comment: In response to the proposed definition of ``national 
nonprofit entity,'' multiple commenters expressed general support for 
the definition. However, one commenter, while expressing general 
support for the definition, suggested a change to the language to 
specify that the national nonprofit entity provides services to 
teachers, principals, or other school leaders, rather than teachers, 
principals, and school leaders.
    Discussion: We appreciate the comment regarding the educators to be 
served by the national nonprofit entity and recognize the significance 
of the specific area they recommend emphasizing in the definition. Upon 
further review, we concur with the comment and recognize that this 
revision to the definition is consistent with the purposes of the 
program in section 2242(a) of the ESEA, which generally contemplate 
that services be provided to teachers, principals, or other school 
leaders. We are also clarifying in the definition that ``school 
leader'' has the meaning ascribed it in section 8101 of the ESEA.
    Changes: We have revised paragraph (2) of the definition to clarify 
that a national nonprofit entity serves teachers, principals, or other 
school leaders and that ``school leader'' has the meaning ascribed it 
in section 8101 of the ESEA.
    Comment: Multiple commenters opposed the definition's requirement 
that a nonprofit entity provide services in three or more States to be 
qualified as national in scope. The commenters noted that the 
requirement seemed to narrow the pool of eligible applicants 
unnecessarily. The commenters suggested that the Department focus 
instead on the overall impact of a nonprofit entity and look at the 
number of educators served by an entity rather than quantifying its 
geographic reach.
    Discussion: We appreciate the comments on the requirement that

[[Page 19389]]

nonprofit entities serve educators in three or more States to be 
considered national in scope. While we recognize the commenters' 
concerns about potentially narrowing the pool of eligible entities and 
the impact of the SEED program, we think that the definition provides 
needed clarity that is currently missing from the statute. The SEED 
statute, by modifying the term ``nonprofit'' with the term 
``national,'' contemplates that only nonprofit entities that are 
national in scope receive awards. To give meaning to this requirement, 
the Department has determined that a nonprofit entity must have 
tangible effects on educators in multiple States to be deemed national. 
At the same time, the Department shares the commenters' concerns about 
unduly narrowing the pool of eligible applicants and has addressed that 
concern by setting a threshold of three or more States, a threshold 
that it deems both reasonable and easy to document in SEED 
applications. This requirement provides clarity and transparency for 
applicants responding to the SEED program but is not unduly burdensome.
    Changes: None.
    Comment: Multiple commenters raised concern that the provision on 
serving educators in three or more States only applies to nonprofit 
entities but does not apply to institutions of higher education (IHEs). 
The commenters argued that this approach was inconsistent and imposes 
unreasonable restrictions on one class of applicants but not the other.
    Discussion: The SEED statute does not require IHEs to have a 
national scope or presence.
    Changes: None.
    Comment: Multiple commenters expressed concern that the definition 
appears to move the SEED program away from the statutory requirement 
that nonprofit entities have a demonstrated record of raising student 
academic achievement, graduation rates, and rates of higher education 
attendance, matriculation, or completion, or of effectiveness in 
providing preparation and professional development activities and 
programs for teachers, principals, or other school leaders.
    Discussion: The definition does not remove any statutory 
requirements; rather, it clarifies that eligible nonprofit entities, in 
addition to demonstrating the characteristics noted by commenters, must 
carry out their work in three or more States.
    Changes: None.

Final Definition

    The Department establishes the following definition for use in any 
SEED competition in which the term ``national nonprofit entity'' is 
used in connection with the eligibility requirement in section 2242 of 
the ESEA:
    National nonprofit entity means an entity that--
    (a) Meets the definition of ``nonprofit'' under 34 CFR 77.1(c); and
    (b) Is of national scope, which requires that the entity--
    (1) Provides services in three or more States; and
    (2) Demonstrates a proven record of serving or benefitting 
teachers, principals, or other school leaders (as defined in section 
8101 of the ESEA) across these States.
    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 this definition, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) must determine whether this regulatory action is ``significant'' 
and, therefore, subject to the requirements of the Executive order and 
subject to review by OMB. Section 3(f) of Executive Order 12866 defines 
a ``significant regulatory action'' as an action likely to result in a 
rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    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 the final definition only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
maximize net benefits. Based on an analysis of anticipated costs and 
benefits, 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 both Executive orders, the Department has 
assessed the potential costs and benefits, both

[[Page 19390]]

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.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this regulatory action does not have a significant economic impact 
on a substantial number of small entities. The U.S. Small Business 
Administration Size Standards define proprietary institutions as small 
businesses if they are independently owned and operated, are not 
dominant in their field of operation, and have total annual revenue 
below $7,000,000. Nonprofit institutions are defined as small entities 
if they are independently owned and operated and not dominant in their 
field of operation. Public institutions are defined as small 
organizations if they are operated by a government overseeing a 
population below 50,000. The small entities that this regulatory action 
will affect are nonprofit organizations and IHEs. We believe that the 
costs imposed on an applicant by the final definition will be limited 
to paperwork burden related to preparing an application and that the 
benefits of the final definition will outweigh any costs incurred by 
the applicant. Participation in the SEED program is voluntary. We 
expect that in determining whether to apply for SEED program funds, an 
eligible entity will evaluate the costs of preparing an application and 
weigh them against the benefits likely to be achieved by receiving a 
SEED program grant. An eligible entity will probably apply only if it 
determines that the likely benefits exceed the costs of preparing an 
application. Therefore, we believe that the definition will not have a 
significant economic impact on a substantial number of small entities.
    Paperwork Reduction Act of 1995: The final definition contains 
information collection requirements that are approved by OMB under OMB 
control number 1894-0006; the final definition does not affect the 
currently approved data collection.
    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 Federal financial assistance. This document provides 
early notification of our specific plans and actions for this program.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at: www.govinfo.gov. At this site you can view this 
document, as well as all other documents of 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. 2022-06965 Filed 4-1-22; 8:45 am]
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