[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8411-8416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02736]


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DEPARTMENT OF EDUCATION


Application for New Awards; Native American and Alaska Native 
Children in School Program

AGENCY: Office of English Language Acquisition, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2023 for the Native American 
and Alaska Native Children in School (NAM) Program, Assistance Listing 
Number 84.365C. This notice relates to the approved information 
collection under OMB control number 1894-0006.

DATES: 
    Applications Available: February 9, 2023.
    Deadline for Notice of Intent to Apply: February 24, 2023.
    Deadline for Transmittal of Applications: April 25, 2023.
    Deadline for Intergovernmental Review: June 26, 2023.

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 7, 2022 (87 FR 75045), and available at 
https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Celeste McLaughlin, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: 
(202) 245-7693. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the NAM program is to award 
grants to eligible entities to develop and enhance capacity to provide 
effective instruction and support to Native American and Alaska Native 
students, including Native Hawaiian and Native American Pacific 
Islander students, who are identified as English learners (ELs). The 
goal of this program is to support the teaching, learning, and studying 
of Native American languages while also increasing the English language 
proficiency and academic achievement of students served.
    Background: Through previous competitions, the NAM program has 
funded a range of grantees that are currently implementing 16 projects 
across the country. As we are focused on closing long-standing 
opportunity, achievement, and attainment gaps that have continued to 
grow, there is also a need to increase the knowledge of what practices 
work to effectively improve learning outcomes for Native American and 
Alaska Native ELs.
    Congress, in the Native American Languages Act of 1990, recognized 
the fundamental importance of preserving Native American languages. 
This legislation provides that it is the policy of the United States 
to--
    Preserve, protect, and promote the rights and freedom of Native 
Americans to use, practice, and develop Native American languages.


[[Page 8412]]


25 U.S.C. 2903(1)
    In addition, the legislation states that it is the policy of the 
United States to encourage and support the use of Native American 
languages as a medium of instruction in order to encourage and 
support--
    (A) Native American language survival,
    (B) Educational opportunity,
    (C) Increased student success and performance,
    (D) Increased student awareness and knowledge of their culture and 
history, and
    (E) Increased student and community pride.

25 U.S.C. 2903(3)

    This Federal policy is supported by growing recognition of the 
importance of Native language preservation in facilitating education 
success for Native students. In a 2007 study by Teachers of English to 
Students of Other Languages (TESOL), the majority of Native youth 
surveyed stated that they value their Native language, view it as 
integral to their sense of self, want to learn it, and view it as a 
means of facilitating their success in school and life.\1\ 
Collaborative efforts between educators, families, and communities, the 
study suggests, may be especially promising ways to ensure that all 
Native students have the critical opportunity to learn their Native 
languages.
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    \1\ Romero-Little, M.E., McCarty, T.L., Warhol, L., and Zepeda, 
O. (2007). Language policies in practice: Preliminary findings from 
a large-scale study of Native American language shift. TESOL 
Quarterly 41:3, 607-618.
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    Not only is Native language instruction critical for student 
engagement and fostering a rich sense of self, but research has shown 
that students who are bilingual have certain cognitive and social 
benefits that their monolingual peers may lack.\2\ Additionally, for 
students who are classified as ELs, well-implemented language 
instruction educational programs (as defined in this notice), including 
dual language approaches, may result in ELs performing equal to or 
better than their peers in English-only language instruction programs. 
These approaches have shown promise in increasing language acquisition 
in English and Native languages and may also promote greater 
achievement in the academic content areas, including English language 
arts and mathematics.\3\
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    \2\ Valentino, R.A., and Reardon, S.F. (2015). Effectiveness of 
four instructional programs designed to serve English language 
learners: Variation by ethnicity and initial English proficiency. 
Educational Evaluation and Policy Analysis, doi: 10.3102/
0162373715573310.
    \3\ Lindholm-Leary, K.J. (2001). Dual-language education (Vol. 
28). Multilingual Matters.
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    Therefore, to facilitate high-quality language instruction and 
academic success for Native American and Alaska Native students who are 
classified as ELs, this competition includes an absolute priority for 
projects that will support the preservation and revitalization of 
Native American languages while also increasing the English language 
proficiency of the children served under the project.
    The Department is also interested in supporting projects that 
promote school readiness of English learners in early learning 
environments. Transitions from early childhood education programs are 
most successful when ELs have appropriate supports, and we believe 
projects with a focus in this area will advance efforts to increase the 
field's understanding of how these transitional phases function for 
ELs. In addition, the Department is interested in supporting projects 
that establish partnerships between eligible entities and local 
partners working together to promote and elevate the value of 
multilingualism.
    In order to encourage and promote the use of strategies that are 
likely to improve project outcomes for Native American and Alaska 
Native ELs, we include a selection criterion for applicants to describe 
the extent to which their proposed project designs are supported by a 
logic model that connects key project components to outcomes relevant 
to the program's purpose. Additionally, the Department has established 
performance measures for this program for the purpose of reporting 
under 34 CFR 75.110. We advise an applicant for a grant under this 
program to carefully consider these measures in conceptualizing the 
approach to, and evaluation for, its proposed project. Each grantee 
will be required to provide, in its annual performance and final 
reports, data about its progress in meeting these measures. Such 
evaluations help ensure that projects contribute to expanding the 
knowledge base on effective language instruction educational programs, 
including dual language practices, that prepare Native American and 
Alaska Native ELs to achieve college, career, and life success.
    Priorities: This notice includes an absolute priority, one 
competitive preference priority, and one invitational priority. The 
absolute priority is from section 3127 of the Elementary and Secondary 
Education Act of 1965 (ESEA) (20 U.S.C. 6848). The competitive 
preference priority is from the Department's notice of final 
supplemental priorities and definitions (Supplemental Priorities), 
published in the Federal Register on December 10, 2021 (86 FR 70612).
    Absolute Priority: For FY 2023, and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3) we consider only applications that meet this priority.
    This priority is:
    Projects that support the teaching, learning, and studying of 
Native American languages while also increasing the English language 
proficiency of the children served.
    Competitive Preference Priority: For FY 2023 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 5 
points to an application, depending on how well the application meets 
the competitive preference priority.
    This priority is:
    Competitive Preference Priority--Promoting Equity in Student Access 
to Educational Resources, Opportunities, and Welcoming Environments (up 
to 5 points).
    To meet this priority, applicants must propose projects designed to 
promote educational equity and adequacy in resources and opportunity 
for underserved students in early learning programs that examine the 
sources of inequity and inadequacy and implement responses, and that 
include establishing, expanding, or improving learning environments for 
multilingual learners, and increasing public awareness about the 
benefits of fluency in more than one language and how the coordination 
of language development in the school and the home improves student 
outcomes for multilingual learners.
    Invitational Priority: For FY 2023 and any subsequent years in 
which we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1) we do not give an application that meets an invitational 
priority a competitive or absolute preference over other applications.
    This priority is:
    Strengthening Cross-Agency Coordination and Community Engagement to 
Advance Native American Languages While Increasing English Language 
Proficiency.
    Under this invitational priority, we encourage applicants to 
propose a project that is designed to address the following priority 
area: Establishing partnerships between eligible entities

[[Page 8413]]

and local partners working together to promote and elevate the 
teaching, learning, and studying of Native American languages while 
also increasing the English language proficiency and academic 
achievement of students served.
    Definitions: The following definitions are from 34 CFR 77.1 and 
sections 3201 and 8101 of the ESEA (20 U.S.C. 7011 and 7801) and apply 
to the priorities, selection criteria, and performance measures in this 
notice. The source of each definition is noted in parentheses following 
the text of the definition.
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant, or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure. (34 CFR 77.1)
    Baseline means the starting point from which performance is 
measured and targets are set. (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. (34 CFR 77.1)
    English learner, when used with respect to an individual, means an 
individual--
    (A) Who is aged 3 through 21;
    (B) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (C)(i) Who was not born in the United States or whose Native 
language is a language other than English;
    (ii)(I) Who is a Native American or Alaska Native, or a Native 
resident of the outlying areas; and
    (II) Who comes from an environment where a language other than 
English has had a significant impact on the individual's level of 
English language proficiency; or
    (iii) Who is migratory, whose Native language is a language other 
than English, and who comes from an environment where a language other 
than English is dominant; and
    (D) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (i) The ability to meet the State's challenging State academic 
standards;
    (ii) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (iii) The opportunity to participate fully in society. (Section 
8101 of the ESEA)
    Language instruction educational program means an instruction 
course--
    (A) In which an English learner is placed for the purpose of 
developing and attaining English proficiency, while meeting challenging 
State academic standards; and
    (B) That may make instructional use of both English and a child's 
Native language to enable the child to develop and attain English 
proficiency, and may include the participation of English proficient 
children if such course is designed to enable all participating 
children to become proficient in English and a second language. 
(Section 3201 of the ESEA)
    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. (34 CFR 77.1)
    Note: Applicants may use resources such as the Pacific Education 
Laboratory's Education Logic Model Application (https://ies.ed.gov/ncee/edlabs/regions/pacific/elm.asp or https://eric.ed.gov/?id=ED544752) to help design their logic models.
    Native Hawaiian or Native American Pacific Islander Native language 
educational organization means a nonprofit organization with--
    (A) A majority of its governing board and employees consisting of 
fluent speakers of the traditional Native American languages used in 
the organization's educational programs; and
    (B) Not less than 5 years successful experience in providing 
educational services in traditional Native American languages. (Section 
3201 of the ESEA)
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project. (34 CFR 77.1)
    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). (34 
CFR 77.1)
    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. (34 CFR 77.1)
    Tribally Sanctioned Educational Authority means
    (A) any department or division of education operating within the 
administrative structure of the duly constituted governing body of an 
Indian tribe; and
    (B) any nonprofit institution or organization that is--
    (i) chartered by the governing body of an Indian tribe to operate a 
school described in section 3112(a) of the ESEA or otherwise to oversee 
the delivery of educational services to members of the tribe; and
    (ii) approved by the Secretary for the purpose of carrying out 
programs under subpart 1 of part A of the ESEA for individuals served 
by a school described in section 3112(a) of the ESEA. (Section 3201 of 
the ESEA).
    Program Authority: 20 U.S.C. 6822.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Government-wide 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 in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. 
(d) The Supplemental Priorities.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education (IHEs) only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $2,100,000.
    Estimated Range of Awards: $275,000-325,000 per year.
    Estimated Average Size of Awards: $300,000.
    Estimated Number of Awards: 7.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities, when they operate 
elementary, secondary, or postsecondary schools predominately for 
Native American children (including Alaska Native

[[Page 8414]]

children), are eligible applicants under this program:
    (a) Indian Tribes.
    (b) Tribally sanctioned educational authorities.
    (c) Native Hawaiian or Native American Pacific Islander Native 
language educational organizations.
    (d) Elementary schools or secondary schools that are operated or 
funded by the Department of the Interior's Bureau of Indian Education, 
or a consortium of these schools.
    (e) Elementary schools or secondary schools operated under a 
contract with or grant from the Bureau of Indian Education in 
consortium with another such school or a Tribal or community 
organization.
    (f) Elementary schools or secondary schools operated by the Bureau 
of Indian Education and an IHE, in consortium with an elementary school 
or secondary school operated under a contract with or a grant from the 
Bureau of Indian Education or a Tribal or community organization.
    Note: Eligible applicants applying as a consortium should read and 
follow the regulations in 34 CFR 75.127 through 75.129.
    Under section 3112(c) of the ESEA, EL students served under NAM 
grants must not be included in the child count submitted by a school 
district under ESEA section 3114(a) for purposes of receiving funding 
under the English Language Acquisition State Grants program.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. As specified in section 3115(g) of 
the ESEA, funds awarded under this program are required to be used to 
supplement the level of Federal, State, and local public funds that, in 
the absence of such availability, would have been expended for programs 
for English learners and in no case to supplant such Federal, State, 
and local public funds.
    c. Indirect Cost Rate Information: This program uses a restricted 
indirect cost rate. For more information regarding indirect costs, or 
to obtain a negotiated indirect cost rate, please see https://www2.ed.gov/about/offices/list/ocfo/intro.html.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Equitable Participation by Private School Students and 
Educational Personnel in an ESEA Title III Program: An entity that 
receives a grant under the NAM program must provide for the equitable 
participation of private school children and their teachers or other 
educational personnel. To ensure that grant program activities address 
the needs of private school children, the applicant must engage in 
timely and meaningful consultation with appropriate private school 
officials during the design and development of the program. This 
consultation must take place before the applicant makes any decision 
that affects the opportunities for participation by eligible private 
school children, teachers, and other educational personnel. 
Administrative direction and control over grant funds must remain with 
the grantee. (See section 8501 of the ESEA, Participation by Private 
School Children and Teachers.)

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 7, 2022 (87 FR 75045), and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application. Please note that these Common Instructions 
supersede the version published on December 27, 2021.
    2. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 70 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, reference citations, and captions, as well as 
all text in charts, tables, figures, graphs, and screen shots.
     Use a font that is 12 point or larger.
     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 abstract (follow the guidance 
provided in the application package for completing the abstract), the 
table of contents, the list of priority requirements, the resumes, the 
reference list, the letters of support, or the appendices. However, the 
recommended page limit does apply to all of the application narrative, 
including all text in charts, tables, figures, graphs, and screen 
shots.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all of these criteria is 
100 points. The maximum score for each criterion is indicated in 
parentheses.
    (a) Quality of the project design. (Up to 40 points)
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (2) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project.
    (3) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice).
    (b) Quality of project personnel. (Up to 10 points)
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the Secretary considers the following factors:
    (1) 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.

[[Page 8415]]

    (2) The qualifications, including relevant training and experience, 
of key project personnel.
    (c) Quality of the management plan. (Up to 30 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (2) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (d) Quality of the project evaluation. (Up to 20 points)
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (2) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    2. Review and Selection Process: We remind potential applicants 
that, in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
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 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    The Department will screen applications that are submitted for NAM 
grants in accordance with the requirements in this notice and determine 
which applications meet the eligibility and other requirements. Peer 
reviewers will review all eligible applications for NAM grants that are 
submitted by the established deadline on the four selection criteria.
    Applicants should note, however, that we may screen for eligibility 
at multiple points during the competition process, including before and 
after peer review; applicants that are determined to be ineligible will 
not receive a grant award regardless of peer reviewer scores or 
comments. If we determine that a NAM grant application does not meet a 
NAM eligibility requirement, the application will not be considered for 
funding.
    3. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition 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) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management (SAM). 
You may review and comment on any information about yourself that a 
Federal agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with:
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). 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

[[Page 8416]]

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 https://www2.ed.gov/fund/grant/apply/appforms/appforms.html. 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: The Department has developed the following 
performance measures for evaluating the overall effectiveness of the 
NAM program and for Department reporting under 34 CFR 75.110:
    (a) Measures.
     Measure 1: The number and percentage of ELs served by the 
project who score proficient or above on the State reading assessment.
     Measure 2: The number and percentage of ELs served by the 
project who have attained proficiency in English as measured by the 
State-approved English language proficiency assessment.
     Measure 3: The number and percentage of students 
participating in the Native language program who are making progress in 
learning a Native language, as determined by each grantee, including 
through measures such as performance tasks, portfolios, and pre- and 
post-tests.
    (b) Baseline data. Applicants must provide baseline data for each 
of the performance measures listed in paragraph (a) and include why 
each proposed baseline is valid; or, if the applicant has determined 
that there are no established baseline data for a particular 
performance measure, explain why there is no established baseline and 
explain how and when, during the project period, the applicant will 
establish a valid baseline for the performance measure.
    (c) Performance measure targets. In addition, the applicant must 
propose in its application annual targets for the measures listed in 
paragraph (a). Applications must also include the following information 
as directed under 34 CFR 75.110(b) and (c):
    (1) Why each proposed performance target (as defined in this 
notice) is ambitious (as defined in this notice) yet achievable 
compared to the baseline for the performance measure.
    (2) The data collection and reporting methods the applicant would 
use and why those methods are likely to yield reliable, valid, and 
meaningful performance data.
    (3) The applicant's capacity to collect and report reliable, valid, 
and meaningful performance data, as evidenced by high-quality data 
collection, analysis, and reporting in other projects or research.
    Note: If the applicant does not have experience with collection and 
reporting of performance data through other projects or research, the 
applicant should provide other evidence of capacity to successfully 
carry out data collection and reporting for its proposed project.
    (d) Performance reports. All grantees must submit an annual 
performance report and final performance report with information that 
is responsive to these performance measures. The Department will 
consider these data in making annual continuation awards.
    (1) The performance reports for all NAM 2023 grantees must include 
the following project performance data (34 CFR 75.253, 75.590, 75.591, 
and 75.720):
     The number of students who are eligible to participate in 
the program.
     The number of participants in the program.
     The number of participants who met the performance 
targets.
    (e) Department evaluations. Consistent with 34 CFR 75.591, grantees 
funded under this program must comply with the requirements of any 
evaluation of the program conducted by the Department or an evaluator 
selected by the Department.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things, whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the 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.

Montserrat Garibay,
Acting Assistant Deputy Secretary and Director, Office of English 
Language Acquisition.
[FR Doc. 2023-02736 Filed 2-8-23; 8:45 am]
BILLING CODE 4000-01-P