[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Rules and Regulations]
[Pages 27410-27413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09197]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2022-OESE-0151]
Final Priorities, Requirements, and Definitions--State-Tribal
Education Partnership Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final priorities, requirements, and definitions.
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SUMMARY: The Department of Education (Department) announces final
priorities, requirements, and definitions for the State-Tribal
Education Partnership (STEP) program, Assistance Listing Number (ALN)
84.415A. The Department may use one or more of these priorities,
requirements, and definitions for competitions in fiscal year (FY) 2023
and subsequent years. The Department is taking this action to support
the development of partnerships among Tribal educational agencies
(TEAs), State educational agencies (SEAs), and local educational
agencies (LEAs) to support the creation or expansion of TEAs to
directly administer education programs, including formula grant
programs under the Elementary and Secondary Education Act of 1965, as
amended (ESEA), consistent with State law and under a written agreement
among the parties.
DATES: These priorities, requirements, and definitions are effective
June 1, 2023.
FOR FURTHER INFORMATION CONTACT: Donna Bussell, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3W207, Washington, DC 20202-
6450. Telephone: 202-987-0204. 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:
Purpose of Program: The purposes of STEP are to: (1) promote Tribal
self-determination in education; (2) improve the academic achievement
of Indian children and youth; and (3) promote the coordination and
collaboration of TEAs (as defined in this notice) with SEAs and LEAs to
meet the unique education and culturally related academic needs of
Indian students.
Program Authority: Section 6132 of the ESEA (20 U.S.C. 7452).
Public Comment: We published a notice of proposed priorities,
requirements, and definitions (NPP) for this program in the Federal
Register on December 28, 2022 (87 FR 79824). The NPP contained
background information regarding the proposed priorities, requirements,
and definitions. In response to our invitation to comment in the NPP,
no comments on the proposed priorities, requirements, or definitions
were received. As discussed in the Analysis of Comments and Changes
section, we made changes to Priorities 1 and 3, as well as to two
definitions. Generally, we do not address technical and other minor
changes.
Analysis of Comments and Changes:
Priority 1--Improve Identification of Native Students for Title VI
Indian Education Formula Grant Program.
Comments: None.
Discussion: We are revising the title of the priority to better
align with the text of the priority, which is focused on improving
identification of students for the Title VI Indian Education formula
grant program.
We are also revising the priority to better align with the
statutory definition of ``Indian'' in ESEA section 6151(3), which, in
relevant part, includes a student if they are a member of a Tribe or if
they are a descendent in the first or second degree of a Tribal member.
Although the proposed priority referred to Tribal affiliation
generally, the ESEA definition of Indian includes students with a
descendant relationship in the first or second degree for Title VI
formula grant purposes.
Changes: We have revised the title of the priority to ``Improve
Identification of Native Students for Title VI Indian Education Formula
Grant Program.'' We have also revised the priority to reflect that
Tribal affiliation includes an affiliation through a descendent
relationship.
Priority 3--Enhance Tribal Consultation.
Comments: None.
Discussion: As explained in the NPP, we proposed Priority 3, in
part, to advance Tribal self-determination in education by supporting
TEAs to convene collaborative meetings with SEAs and LEAs to promote
meaningful consultation. The majority of comments from Tribal leaders
during Tribal Consultation on April 26, 2021, expressed that those
partnerships should include both SEAs and LEAs and should be rooted in
Tribal consultation at the local level. Tribal leaders also supported
the need for partnerships to include both entities. To that end, we
referred to ``SEA goals'' and ``ESEA State Plans'' in the proposed
priority but did not make specific reference to Tribal consultation
with SEAs. Therefore, we are revising the priority to better address
comments made during Tribal consultation and better reflect the goal of
prioritizing projects that enhance consultation with SEAs and LEAs.
Additionally, we recognize the importance of a Tribe or TEA
determining who should be invited to enhance Tribal consultation. In
referring to ``affected LEAs'' in the proposed priority, we limited the
types of LEAs that could be considered to those that meet the
definition of ``affected LEA'' in ESEA section 8538(c)(1). We believe
that a Tribe or TEA could reasonably conclude that the participation of
an LEA that does not meet the ESEA definition of ``affected LEA'' could
promote meaningful consultation; therefore, we are expanding the types
of LEAs included in this priority to provide maximum flexibility to the
Tribes and TEAs.
Changes: We have revised this priority to add the option for
projects to enhance consultation with an SEA, at least one LEA, or
both. We also have removed the reference to ``affected LEAs'' and the
corresponding definition.
[[Page 27411]]
Priority 5--Create a TEA.
Comments: None.
Discussion: To improve clarity, we are revising this priority to
describe the types of applicants that are eligible, rather than the
types of applicants that are not eligible, under the priority.
Changes: We have rephrased this priority to provide that to meet
this priority, applicants must be an Indian Tribe or Tribal
organization approved by an Indian Tribe that is applying to create a
TEA.
Definitions.
Established TEA.
Comments: None.
Discussion: Under the proposed definition of ``established TEA,''
to demonstrate that a TEA has an existing prior relationship with an
SEA or LEA, the TEA must have entered into a final written agreement
(FWA) with the SEA or LEA. Upon further consideration and to maximize
flexibility for TEAs, we are revising the definition to permit TEAs to
provide evidence of an existing prior relationship with an SEA or LEA
other than an FWA. We understand that while some TEAs may have an FWA
to coordinate with an LEA or SEA, particularly TEAs that have received
STEP grants, it is possible that a TEA worked with an LEA or SEA
without an FWA.
Changes: We have revised the first criterion of the definition to
remove the reference to a final written agreement.
Final Priorities
Priority 1--Improve Identification of Native Students for Title VI
Indian Education Formula Grant Program.
To meet this priority, an applicant must propose to partner with an
LEA to develop and maintain effective and culturally responsive methods
to better identify, and support the identification of, Indian students
who may be undercounted or under-identified as eligible for an ESEA
title VI formula grant program consistent with section 6112 of the
ESEA. This includes identifying Indian students who are not enrolled in
a Tribal Nation but who have an affiliation with a Tribal Nation
through being a descendant in the first or second degree from a Tribal
Nation member as described in ESEA section 6151(3).
Note: The Family Educational Rights and Privacy Act (FERPA) does
not permit an LEA to disclose personally identifiable information (PII)
from students' education records to a TEA without parental consent
unless the disclosure meets one of FERPA's exceptions to the general
consent requirement. The most relevant exceptions to FERPA's general
consent requirement that may apply if certain conditions are met are
the ``school official,'' ``studies,'' and ``audit/evaluation''
exceptions. For further information on FERPA, contact the Department's
Student Privacy Policy Office at https://studentprivacy.ed.gov/.
Priority 2--Increase Coordination of Indian Education Programs.
To meet this priority, an applicant must submit a high-quality plan
that describes how it will strengthen its partnership with the SEA or
LEA, to enhance coordination among all existing federally funded Indian
education grants that impact the partner SEA or LEA to support the
academic achievement of Indian students. A high-quality plan includes
goals, milestones, and timelines for coordination, and must identify
which existing federally funded programs the applicant is coordinating.
Priority 3--Enhance Tribal Consultation.
Projects to improve existing local Tribal consultation efforts with
an SEA or LEA. To meet this priority, applicants must provide a high-
quality plan that describes how the project will increase the frequency
of consultations with an SEA, at least one LEA, or both, and develop
meaningful consultation procedures to help each LEA or SEA meet its
goals as defined in their ESEA Consolidated State and Local Plans.
Priority 4--New STEP Grantee.
To meet this priority, an applicant must be an early TEA or
applying to create a TEA and must not have previously received a STEP
award from the Department.
Priority 5--Create a TEA.
To meet this priority, an applicant must be an Indian Tribe or
Tribal organization approved by an Indian Tribe that is applying to
create a TEA.
Priority 6--Expand Capacity of Early TEAs.
To meet this priority, an applicant must be an early TEA.
Priority 7--Expand Capacity of Established TEAs.
To meet this priority, an applicant must be an established TEA.
Types of Priorities: When inviting applications for a competition
using one or more priorities, we designate the type of each priority as
absolute or competitive preference through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Requirements
Application Requirement 1--Draft Written Agreement With Partners:
An applicant must provide a Draft Written Agreement (DWA), with the
appropriate SEA and/or LEA partner(s). For applicants creating a new
TEA, a DWA is only required with an LEA. For applicants expanding
capacity for an early TEA or established TEA, a DWA with both an SEA
and LEA is required.
Program Requirement 1--Hire Project Director Within 60 Days:
Grantees must hire a project director as soon as practicable, but
no later than 60 days after the beginning of the performance period.
Program Requirement 2--Final Written Agreement With Partners:
Grantees must submit a final written agreement signed by all
parties entering into the agreement within 120 days after receiving the
grant award notification.
Final Definitions
The Department establishes the following definitions for this
program. We may apply one or more of these definitions in any year in
which this program is in effect.
Directly administer means conducting, as the fiscal agent, SEA
functions or LEA functions for education programs, including ESEA
formula grant programs, consistent with State law and the FWA.
Draft written agreement (DWA) means an unsigned written agreement
with an attached letter of support from each SEA or LEA partner
indicating each has reviewed the project plan and will finalize the DWA
into an FWA within 120 days of grant award notification. The DWA must
include the following:
(1) The roles and responsibilities for each partner.
(2) An agreed-upon list of deliverables
(Note: Deliverables cannot be direct services to Indian students).
(3) Identification of at least one point of contact for each
partner.
(4) A description of the resources each partner will contribute to
the project.
[[Page 27412]]
(Note: Resources do not need to be monetary or matching funds).
Early TEA means a TEA that meets one or two of the criteria in the
definition of an established TEA.
Established TEA means a TEA that meets three or more of the
following criteria:
(1) Has received a STEP grant in 2012 or subsequent years, or
provides evidence of an existing prior relationship with an SEA or LEA.
(2) Has an existing Tribal education code.
(3) Has directly administered at least one education program within
the past 5 years.
(4) Has administered at least one Federal, State, local, or private
grant within the past 5 years.
(5) Has authorized teaching certifications.
Final written agreement (FWA) means a signed written agreement
between the TEA and the SEA or LEA; the TEA and one or more LEAs; or
the TEA and both an SEA and one or more LEAs, that documents the
commitment and timeline of the agreeing partners to implement the terms
and conditions specified in the DWA.
New TEA means a Tribal entity that does not meet the definition of
``early TEA'' or ``established TEA.''
Tribal consultation means that--
(1) The SEA or LEA provides Tribes the opportunity for input;
(2) The SEA or LEA considers and responds to the input from Tribal
leaders or their officially designated proxies regarding an education
program that affects the Tribal Nation or TEA; and
(3) The partner Tribal Nation provides written confirmation that
the consultation was meaningful and in good faith.
Tribal educational agency (TEA) means the agency, department, or
instrumentality of an Indian Tribe that is primarily responsible for
supporting Tribal students' elementary and secondary education. This
term also includes an agency, department, or instrumentality of more
than one Tribe if the Tribes are in close geographic proximity or have
cultural connections to each other and agree through joint Tribal
government resolution to have a combined TEA.
Note: This document does not solicit applications. In any year in
which we choose to use one or more of these priorities, requirements,
or definitions, we will invite applications through a notice in the
Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Information and
Regulatory Affairs (OIRA) in 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 the Office of Management and Budget (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 these final priorities, requirements, and
definitions only on a reasoned determination that their benefits would
justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that would maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action would 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 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.
We believe that the final priorities, requirements, and definitions
will not impose significant costs on eligible TEAs that receive
assistance through the STEP program. We also believe that the benefits
of implementing the final priorities, requirements, and definitions
outweigh any associated costs.
We believe that the costs imposed on applicants would be limited to
costs associated with developing applications, including developing
partnerships with SEAs and LEAs, and that the benefits of creating a
partnership that is likely to be sustained after the end of the project
period would outweigh any costs incurred by applicants. The costs of
carrying out activities proposed in STEP applications will be paid for
with program funds. Thus, the costs of implementation will not be a
burden for any eligible
[[Page 27413]]
applicants, including small entities. We also note that program
participation is voluntary.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79, except that
federally recognized Indian Tribes are not subject to those rules. One
of the objectives of the Executive order is to foster an
intergovernmental partnership and a strengthened federalism. The
Executive order relies on processes developed by State and local
governments for coordination and review of proposed Federal financial
assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: On request to the 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 Adobe 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.
James F. Lane,
Senior Advisor, Office of the Secretary, Delegated the Authority to
Perform the Functions and Duties of the Assistant Secretary, Office of
Elementary and Secondary Education.
[FR Doc. 2023-09197 Filed 5-1-23; 8:45 am]
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