[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29641-29648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09667]



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DEPARTMENT OF EDUCATION


Applications for New Awards; Fostering Diverse Schools 
Demonstration Grants

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

ACTION: Notice.

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SUMMARY: The U.S. Department of Education (Department) is issuing a 
notice inviting applications for fiscal year (FY) 2023 for Title IV-A 
of the Elementary and Secondary Education Act of 1965 (ESEA) Fostering 
Diverse Schools Demonstration Grants, Assistance Listing Number (ALN) 
84.424G. This notice relates to the approved information collection 
under OMB control number 1894-0006.

DATES: 
    Applications Available: May 8, 2023.
    Deadline for Transmittal of Applications: July 7, 2023.
    Deadline for Intergovernmental Review: September 5, 2023.
    Pre-Application Webinar Information: The Department will hold pre-
application webinars on Tuesday, May 9, 2023, at 2:00 p.m. Eastern time 
and Thursday, May 18, 2023 at 2:00 p.m. Eastern time. Applicants can 
sign on at oese.ed.gov/fostering-diverse-school-program-fdsp/.

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: Richard Wilson, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W101, Washington, DC 20202-
5970. Telephone: (202) 453-6709. 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 Fostering Diverse Schools Demonstration 
Grants program provides competitive grants to local educational 
agencies (LEAs), consortia of LEAs, or one or more LEAs in partnership 
with a State educational agency (SEA) to provide students with access 
to a well-rounded education and to improve school conditions for 
student learning by developing or implementing, and making publicly 
available as a resource for other LEAs and SEAs, comprehensive plans 
for increasing school socioeconomic diversity in preschool through 
grade 12.
    Background:
    Our country's rich diversity is its strength. Research suggests 
that students are better prepared for success when they learn together 
in schools where students and educators represent a wide range of 
backgrounds and experiences.\1\ Supporting diverse student populations 
in LEAs, schools, classrooms, and educational programs or courses is a 
way to provide more well-rounded educational experiences and 
opportunities that support academic achievement for all students, 
consistent with section 4107 of the ESEA. In addition, schools with 
diverse student populations provide safe and healthy environments that 
enable academic achievement, consistent with section 4108 of the ESEA. 
This goal is supported by research showing that students attending 
diverse schools have better test scores and higher college attendance 
and graduation rates.\2\ The Fostering Diverse Demonstration Schools 
Grants program is intended to help build the capacity of LEAs to meet 
the needs of students--including academic, social, emotional, and 
mental health--by increasing access to and equity in diverse and 
inclusive learning environments. This program is being established with 
funds from the 2 percent reservation for technical assistance and 
capacity building under section 4103(a)(3) of the ESEA, which is 
designed to support States and LEAs in carrying out activities 
authorized under the Student Support and Academic Enrichment Grants 
program in Title IV, part A of the ESEA, including activities that 
support access to a well-rounded education and activities that support 
safe and healthy students and their academic and overall well-being. 
Grants are available to LEAs, individually or in partnership with other 
LEAs or with a SEA, to develop, enhance, or implement plans that foster 
socioeconomic diversity in preschool through grade 12 for the purpose 
of increasing academic achievement through providing access to a well-
rounded education and supporting student well-being. The Explanatory 
Statement \3\ for Division H of the Consolidated Appropriations Act, 
2022 (Pub. L. 117-103), directs the Department to prioritize its Title 
IV, part A reservation for technical assistance and capacity building 
to support SEAs and LEAs in fostering school diversity efforts across 
and within school districts. Awards under this FY 2023 competition will 
be supported with FY 2022 Title IV, part A technical assistance and 
capacity building funds, which remain available for obligation by the 
Department until September 30, 2023.
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    \1\ Palardy, G. (2008). ``Differential school effects among low, 
middle, and high social class composition schools.'' School 
Effectiveness and School Improvement 19, 1: 21-49. https://doi.org/10.1080/09243450801936845.
    Mickelson, R.A. (2008). ``Twenty-first Century Social Science 
Research on School Diversity and Educational Outcomes,'' Ohio State 
Law Journal 69: 1173-228. https://kb.osu.edu/handle/1811/71161.
    Egalite, A., B. Kisida, and M.A. Winters. (2015). 
``Representation in the Classroom: The Effect of Own-race Teachers 
on Student Achievement,'' Economics of Education Review, 45, 44-52. 
https://doi.org/10.1016/j.econedurev.2015.01.007.
    Palardy, G.J. (2013). ``High school socioeconomic segregation 
and student attainment,'' American Educational Research Journal, 50, 
4: 714. https://doi.org/10.3102/0002831213481240.
    Ayscue, J., Frankenberg, E. and Siegel-Hawley, G. (2017). ``The 
Complementary Benefits of Racial and Socioeconomic Diversity in 
Schools.'' Research Brief No. 10. National Coalition on School 
Diversity. https://eric.ed.gov/?id=ED603698.
    Dee, T. (2004). Teachers, race and student achievement in a 
randomized experiment. The Review of Economics and Statistics, 86,1: 
195-210. https://eric.ed.gov/?id=ED464172.
    Gershenson, S., Hart, C. M. D., Hyman, J., Lindsay, C. A., & 
Papageorge, N. W. (2022). ``The long-run impacts of same race 
teachers.'' American Economic Journal: Economic Policy, 14(4): 300-
342. https://doi.org/10.1257/pol.20190573.
    \2\ Tegeler, P., Mickelson, R. A., & Bottia, M. (2011). What We 
Know about School Integration, College Attendance, and the Reduction 
of Poverty. Research Brief No. 4. Updated. https://eric.ed.gov/?id=ED571628. National Coalition on School Diversity; Eaton, S. 
(2011). School Racial and Economic Composition & Math and Science 
Achievement. Research Brief No. 1. Updated. National Coalition on 
School Diversity. https://eric.ed.gov/?id=ED571622.
    \3\ See page S8895 of https://www.congress.gov/117/crec/2022/12/20/168/198/CREC-2022-12-20-pt2-PgS8553-2.pdf.
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    Research suggests that income segregation is increasing \4\ and 
that students in socioeconomically isolated schools (i.e., schools 
overwhelmingly composed of children from low-income backgrounds) have 
less access to the critical resources and funding that are necessary 
for high-quality educational experiences than students in 
socioeconomically diverse or more affluent schools, and as a result 
have

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negative academic outcomes.\5\ This disparity can ultimately have 
detrimental effects on the individual lives of students and the 
foundation of democracy.\6\
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    \4\ Owens, A. (2018). Income segregation between school 
districts and inequality in students' achievement. Sociology of 
education, 91(1), 1-27. https://journals.sagepub.com/doi/full/10.1177/0038040717741180.
    \5\ Reardon, S. F. (2016). School segregation and racial 
academic achievement gaps. RSF: The Russell Sage Foundation Journal 
of the Social Sciences, 2(5), 34-57. https://www.rsfjournal.org/content/2/5/34.
    Palardy, G. J. (2013). ``High school socioeconomic segregation 
and student attainment.'' American Educational Research Journal, 
50(4), 714-754. https://doi.org/10.3102/0002831213481240.
    \6\ Kahlenberg, R. D., Potter, H., & Quick, K. (2019). A bold 
agenda for school integration. The Century Foundation. https://eric.ed.gov/?id=ED603383.
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    Research also suggests that school diversity provides a range of 
benefits to students, including improved leadership skills, social 
mobility, civic engagement, academic success, empathy, and 
understanding.\7\ Unfortunately, nearly 70 years after the Brown v. 
Board of Education decision, much of the progress toward school 
diversity and equality has stalled or even reversed in many 
communities.\8\ For example, demographic isolation has been exacerbated 
by policy choices related to school assignment, zoning, and 
transportation options that create inequitable access to high-quality 
schools. The U.S. Government Accountability Office (GAO) has documented 
the situation in a recent report showing the ``student population has 
significantly diversified, but many schools remain divided along 
racial, ethnic, and economic lines.'' \9\ Another recent GAO report 
documented the increase in percentages of schools with high 
concentrations of students from families with low incomes and high 
concentrations of students of particular races.\10\
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    \7\ Ibid.
    \8\ Logan, J. R., Minca, E., & Adar, S. (2012). The Geography of 
Inequality: Why Separate Means Unequal in American Public Schools. 
Sociology of Education, 85(3), 287-301. https://doi.org/10.1177/0038040711431588.
    \9\ U.S. Government Accountability Office. (2022). ``K-12 
Education: Student Population Has Significantly Diversified, but 
Many Schools Remain Divided Along Racial, Ethnic, and Economic 
Lines.'' GAO-22-104737. https://www.gao.gov/products/gao-22-104737.
    \10\ U.S. Government Accountability Office. (2016). ``K-12 
Education: Better Use of Information Could Help Agencies Identify 
Disparities and Address Racial Discrimination.'' GAO-16-345. https://www.gao.gov/products/gao-16-345.
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    In addition to diverse schools, students' experiences in diverse 
classrooms can provide a range of academic, social, and emotional 
benefits, including increased civic engagement, improved critical 
thinking skills, and innovation.\11\ However, even when school 
buildings overall are more diverse, in some cases, the classrooms 
providing more rigorous educational opportunities in the building do 
not reflect such diversity.
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    \11\ Kahlenberg, R. D., Potter, H., & Quick, K. (2019). A bold 
agenda for school integration. Ibid. https://eric.ed.gov/?id=ED603383.
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    Through the Title IV-A Grants for Fostering Diverse Schools 
Demonstration program, the Department invites LEAs, consortia of LEAs, 
or one or more LEAs in partnership with a SEA to apply for funding to--
(1) develop or enhance a locally tailored comprehensive plan to 
increase socioeconomic diversity across and within LEAs, schools, and 
academic programs or courses, as applicable; or (2) implement a locally 
tailored comprehensive plan to foster socioeconomic diversity across 
and within districts and schools, and within classrooms, as applicable. 
The Department seeks to support applicants that promote the use of 
evidence-based strategies to increase access to high-quality, well-
rounded learning experiences, support safe and healthy students by 
increasing diversity across and within districts, schools, and courses, 
or both. The Department also seeks to support applicants that 
demonstrate student, family, educator, and community involvement in the 
development and implementation of their school diversity plans. In 
either case, projects supported by this program must complement, rather 
than duplicate, the ongoing work of the grantee, and funds awarded 
under this grant must supplement, and not supplant, non-Federal funds 
that would otherwise be available for activities funded under this 
program.
    The Department expects applicants to submit proposals to develop or 
implement plans for diversity that are responsive to the significant 
body of research showing the importance of student diversity in 
fostering academic achievement. In developing their proposals, 
applicants should consider strategies to encourage socioeconomic 
diversity in schools, courses, and programs. Applicants may also 
propose to voluntarily foster diversity more broadly by considering 
legally permissible strategies for promoting diversity as it relates to 
factors such as race/ethnicity, culture, geography, the percentage of 
English learners, and the percentage of students with disabilities.
    As part of the Department's Raise the Bar: Lead The World 
initiative (see https://www.ed.gov/raisethebar/), the Department has 
identified three focus areas and six strategies to help support LEAs 
and SEAs drive improvements in educational excellence for students in 
preschool through grade 12 and provide conditions that enable success 
for all students in their educational attainment, college, and careers. 
The Fostering Diverse Schools Demonstration program will help advance 
the Department's efforts in two of these focus areas in particular: 
Accelerate Learning for Every Student and Deliver a Comprehensive and 
Rigorous Education for Every Student.
    Priorities: This competition includes two absolute priorities and 
three competitive preference priorities. We are establishing the 
absolute priorities and competitive preference priorities for the FY 
2023 grant competition and any subsequent year in which we make awards 
from the list of unfunded applications from this competition, in 
accordance with section 437(d)(1) of the General Education Provisions 
Act (GEPA), 20 U.S.C. 1232(d)(1).
    Absolute Priorities: For FY 2023 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet one of these 
priorities. An applicant must identify in the project abstract the 
absolute priority to which it is applying.
    Note: The Secretary intends to create two separate rank orders, one 
for each absolute priority. As a result, the Secretary may fund 
applications out of the overall rank order, but the Secretary is not 
bound to do so.
    These priorities are:
    Absolute Priority 1--Developing or Enhancing a Comprehensive Plan 
to Increase Socioeconomic Diversity.
    To meet this priority, an applicant must propose to develop or 
enhance, and make publicly available, including by posting on the 
applicant's website, a comprehensive plan to increase socioeconomic 
diversity (as defined in this notice) across the LEA, or LEAs, as 
applicable, for the purpose of promoting academic achievement by 
providing students with access to a well-rounded education, fostering 
safe and healthy schools, or both.
    The application must include--
    (a) A description of how the applicant will develop or enhance a 
plan to increase socioeconomic diversity across the LEA, or LEAs, as 
applicable, including a description of the students, families, and 
school community or communities to be served, including disaggregated 
demographic data (e.g., income, race, ethnicity, disability status, 
status as an English learner).
    (b) A description of how the applicant will document and publicly 
disseminate the results of the funded project to increase the capacity 
of other LEAs to implement similar programs.

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    (c) A timeline and approach for conducting a comprehensive 
assessment of the geographic area to be served, including using 
established survey or data collection methods to identify: areas of 
limited socioeconomic diversity; related barriers to and opportunities 
for diversity at the educational program, classroom, school, and 
district levels (including those related to resource equity and 
adequacy); and educational opportunities (for example, advanced 
courses, opportunities to participate in rigorous career education or 
courses of study leading to an in-demand and high-value industry-
recognized credential, dual or concurrent enrollment, work-based 
learning, and academic enrichment experiences) and outcomes of students 
attending included schools that will inform the comprehensive plan to 
increase socioeconomic diversity. Such an assessment could include: 
identifying enrollment strategies that promote diversity while taking 
into account geographic proximity; analyzing the location and capacity 
of existing school facilities and the adequacy of local or regional 
transportation infrastructure to support more diverse student bodies; 
or examining school boundaries and feeder patterns.
    (d) A timeline and approach for family, student, community, and 
educator engagement (such as public hearings or other open forums) to 
inform the development of the comprehensive plan to increase 
socioeconomic diversity.
    (e) Action steps and a timeline to produce a comprehensive plan to 
increase socioeconomic diversity approved by district leadership by the 
end of the grant period that can serve as a roadmap for immediate and 
future policy and implementation actions to promote socioeconomic 
diversity in schools.
    Absolute Priority 2--Implementing a Comprehensive Plan to Increase 
Socioeconomic Diversity.
    To meet this priority, an applicant must propose to implement its 
existing high-quality comprehensive plan to increase socioeconomic 
diversity across the LEA, or LEAs, as applicable, for the purpose of 
promoting academic achievement by providing students with access to a 
well-rounded education, fostering safe and healthy schools, or both. In 
proposing a project under this priority, an applicant must--
    (a) Provide evidence that the comprehensive plan to increase 
socioeconomic diversity is based on a comprehensive assessment of the 
geographic area to be served, including using established survey or 
data collection methods to identify areas of limited socioeconomic 
diversity; related barriers to socioeconomic diversity at the 
educational program, classroom, school, and district levels (including 
those related to resource equity and adequacy); and educational 
opportunities and outcomes of students attending included schools. The 
data may also include within-school data and analysis including course 
enrollment, academic achievement, school climate data, school staffing, 
and other measures related to a well-rounded education.
    (b) Demonstrate, including by providing a description and relevant 
substantiating documentation, that the comprehensive plan to increase 
socioeconomic diversity is based on rigorous family, student, 
community, and educator engagement.
    (c) Document a commitment to ambitious, but achievable, goals for 
increasing socioeconomic diversity and transparent, published data 
analysis of progress relative to those goals.
    Competitive Preference Priorities: For FY 2023 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 
20 points to an application, depending on how well the application 
meets these priorities. An applicant must identify each competitive 
preference priority that it believes it meets in the project abstract, 
including relevant data and data sources that support the applicant's 
assertion that it meets the priority.
    These priorities are:
    Competitive Preference Priority 1--Fostering Socioeconomic 
Diversity in One or More High-Need LEAs. (0 or 10 points)
    To meet this priority, an applicant must propose a project that 
will foster socioeconomic diversity in one or more high-need LEAs (as 
defined in this notice). To meet this priority, the applicant must 
identify relevant qualifying data in its project abstract or indicate 
in the project abstract where in the application such data are found.
    Competitive Preference Priority 2--Strengthening Cross-Agency 
Coordination and Community Engagement to Advance Systemic Change. (Up 
to 5 points)
    To meet this priority, an applicant must propose a project that 
takes a systemic, evidence-based approach to improving outcomes for all 
students by coordinating efforts with other local government agencies 
(e.g., housing or transportation), community-based organizations, 
social service agencies, institutions of higher education, or early 
learning providers to promote socioeconomic diversity in schools. To 
meet this priority, the applicant must identify the coordinating 
agencies, and their proposed contributions to the project, in its 
project abstract.
    Competitive Preference Priority 3--Fostering Socioeconomic 
Diversity Through Regional Approaches. (0 or 5 points)
    To meet this priority, an applicant must be a consortium of two or 
more LEAs that propose to increase socioeconomic diversity in schools 
in the participating LEAs. To receive points for this priority, the 
applicant must include a partnership agreement or proposed memorandum 
of understanding (MOU) among all members of the consortium, identified 
at the time of the application, that describes the role of each partner 
in carrying out the proposed project and each partner's efforts to 
advance socioeconomic diversity within the region. In addition, the MOU 
or partnership agreement must identify and describe the LEAs and 
schools that make up the region and indicate whether the project will 
include all schools within the LEAs or specific regions and/or schools 
within the LEAs.
    Note: The written partnership agreement or proposed MOU necessary 
to receive points for this priority is in addition to the signed 
letters of support that are required of all applicants.
    Requirements: We are establishing these application and program 
requirements for the FY 2023 grant competition and any subsequent year 
for which we make awards from the list of unfunded applications from 
this competition, in accordance with section 437(d)(1) of GEPA, 20 
U.S.C. 1232(d)(1).
    Application Requirement: In addition to addressing the requirements 
included in the applicable Absolute Priority, applicants must include 
the following in their application:
    (a) Signed letters demonstrating broad community support for the 
proposal from at least five established community organizations 
representing diverse populations.
    (b) A description of how the proposed project will be designed to 
improve student outcomes, including increased academic achievement, in 
schools served by the LEA(s) by doing either or both of the following:
    (1) Increasing access to well-rounded educational opportunities.
    (2) Supporting safe, healthy, and supportive school environments.

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    Program Requirements: Grantees must adhere to the following program 
requirements:
    (a) A grantee receiving an award under any absolute priority must, 
over the course of the project period, disseminate lessons learned as a 
result of the grant in at least three instances (such as articles, 
presentations, or peer-to-peer learning opportunities).
    (b) By the end of the project period, a grantee receiving an award 
under Absolute Priority 1 must also--
    (1) Produce a comprehensive plan to increase socioeconomic 
diversity that is posted on each affected LEA's website to serve as a 
roadmap for short-term and long-term policy and implementation actions 
to diversify schools; and
    (2) Demonstrate in the final comprehensive plan to increase 
socioeconomic diversity that the applicant considered the feedback from 
family, student, community, and educator engagement efforts.
    (c) A grantee receiving an award under Absolute Priority 2 must 
also conduct and make publicly available, including on its public 
website, an annual report of the progress achieved during the project 
period on its specific goals and metrics for success, including 
disaggregated data (e.g., income, race, ethnicity, disability status, 
status as an English learner), and include in the evaluation the steps 
it will take to refine or improve activities.
    (d) A grantee that submitted a proposed partnership agreement or 
MOU in response to Competitive Preference Priority 3 must provide a 
final version signed by all parties within 60 days of receiving the 
grant award.
    Definitions: We are establishing the definitions of ``comprehensive 
plan to increase socioeconomic diversity,'' ``high-need local 
educational agency,'' and ``children from low-income backgrounds'' for 
the FY 2023 grant competition and any subsequent year in which we make 
awards from the list of unfunded applications from this competition, in 
accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). The 
definitions of ``local educational agency'' and ``well-rounded 
education'' are from ESEA section 8101.
    Children from low-income backgrounds means students and children 
who are from low-income families using any of the poverty measures in 
section 1113(a)(5) of the ESEA.
    Comprehensive plan to increase socioeconomic diversity means a 
comprehensive plan (approved by an LEA's leadership) to--
    (a) Increase socioeconomic diversity within schools, classrooms, 
educational programs, or courses or across and within school 
district(s), for the purpose of promoting academic achievement; and
    (b) Promote student academic achievement by fostering inclusive and 
welcoming learning environments that support the academic, social, 
emotional, and mental health needs of all students within classrooms 
and extracurricular activities in the district or districts and 
increase access to safe, healthy, and/or well-rounded educational 
opportunities.
    The plan must include all of the following:
    (1) The results of a comprehensive assessment of the area to be 
served.
    (2) Goals, metrics to determine progress and success, timelines, 
and cost estimates for improving and sustaining socioeconomic diversity 
in covered LEAs, schools, classrooms, and educational programs.
    (3) Professional development activities that support educators in 
creating safe, supportive, and inclusive learning environments.
    (4) Actions that build capacity to collect and analyze data that 
provide information for transparency, evaluation, and continuous 
improvement, including data that supports meeting diversity goals for 
students and educators, and equitable access to, and success in, 
programs and activities.
    (5) An approach to sustaining robust ongoing engagement with 
families, students, community members, and educators.
    (6) A comprehensive set of strategies designed to improve academic 
outcomes for all students at each of the following levels: (1) LEA, (2) 
school, and (3) classroom. The plan must ensure that approaches offer 
schoolwide opportunities (i.e., to benefit all students in the school). 
Strategies may include, for example, consideration of neighborhood 
residence in student assignment; revised school assignment and feeder 
patterns; regional coordination; interdistrict or intradistrict 
transfers; weighted or unweighted admissions policies; open enrollment 
policies that allow families to choose or rank schools; providing new 
or expanded access to schoolwide specialized academic programs, unique 
curricular options, or facilities designed to attract students from 
diverse socioeconomic backgrounds; or funding supplemental costs of 
transportation to allow for socioeconomic school diversity.
    (7) Specific methods for disseminating lessons learned during 
implementation.
    High-need local educational agency means a local educational 
agency--
    (a)(1) For which at least 40 percent of the children served by the 
agency are children from low-income backgrounds;
    (2) That meets the eligibility requirements for funding under the 
Small, Rural School Achievement (SRSA) program under section 5211(b) of 
the ESEA; or
    (3) That meets the eligibility requirements for funding under the 
Rural and Low-Income School (RLIS) program under section 5221(b) of the 
ESEA.
    Local educational agency--
    (a) In General. The term ``local educational agency'' means a 
public board of education or other public authority legally constituted 
within a State for either administrative control or direction of, or to 
perform a service function for, public elementary schools or secondary 
schools in a city, county, township, school district, or other 
political subdivision of a State, or of or for a combination of school 
districts or counties that is recognized in a State as an 
administrative agency for its public elementary schools or secondary 
schools.
    (b) Administrative Control and Direction. The term includes any 
other public institution or agency having administrative control and 
direction of a public elementary school or secondary school.
    (c) Bureau of Indian Education Schools. The term includes an 
elementary school or secondary school funded by the Bureau of Indian 
Education but only to the extent that including the school makes the 
school eligible for programs for which specific eligibility is not 
provided to the school in another provision of law and the school does 
not have a student population that is smaller than the student 
population of the LEA receiving assistance under the ESEA with the 
smallest student population, except that the school shall not be 
subject to the jurisdiction of any SEA other than the Bureau of Indian 
Education.
    (d) Educational Service Agencies. The term includes educational 
service agencies and consortia of those agencies.
    (e) State Educational Agency. The term includes the SEA in a State 
in which the SEA is the sole educational agency for all public schools.
    Well-rounded education means courses, activities, and programming 
in subjects such as English, reading or language arts, writing, 
science, technology, engineering, mathematics, foreign languages, 
civics and government, economics, arts, history,

[[Page 29645]]

geography, computer science, music, career and technical education, 
health, physical education, and any other subject, as determined by the 
State or local educational agency, with the purpose of providing all 
students access to an enriched curriculum and educational experience.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities, definitions, and 
requirements. Section 437(d)(1) of GEPA, however, allows the Secretary 
to exempt from rulemaking requirements regulations governing the first 
grant competition under a new or substantially revised program 
authority. This is the first grant competition for this program under 
section 4103(a)(3) of the ESEA (20 U.S.C. 7113(a)(3)) and it therefore 
qualifies for the GEPA exemption. In order to ensure timely grant 
awards, the Secretary has decided to forgo public comment on the 
priorities, requirements, and definitions under section 437(d)(1) of 
GEPA. The priorities, requirements, and definitions will apply to the 
FY 2023 grant competition and any subsequent year in which we make 
awards from the list of unfunded applications from this competition.
    Program Authority: Section 4103(a)(3) of the ESEA (20 U.S.C. 
7113(a)(3)).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in the 
Federal civil rights laws.
    Applicable Regulations:
    (a) The Education Department General Administrative Regulations in 
34 CFR parts 75, 77, 79, 81, 82, 84, 97, 98, and 99. (b) The Office of 
Management and Budget 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 in 2 CFR part 200, as adopted and 
amended as regulations of the Department in 2 CFR part 3474.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $10,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $250,000-500,000 per year for grants 
under Absolute Priority 1; $1,000,000-$4,000,000 per year for grants 
under Absolute Priority 2.
    Estimated Average Size of Awards: $375,000 per year for grants 
under Absolute Priority 1; $2,000,000 per year for grants under 
Absolute Priority 2.
    Estimated Number of Awards:
    (a) Absolute Priority 1: 4-8.
    (b) Absolute Priority 2: 1-3.
    Note: The Department is not bound by any estimates in this notice.
    Maximum Award: For grants under Absolute Priority 1, we will not 
make an award exceeding $500,000 for a single budget period of 12 
months. For grants under Absolute Priority 2, we will not make an award 
exceeding $4,000,000 for a single budget period of 12 months.
    Project Period:
    For grants under Absolute Priority 1, up to 24 months.
    For grants under Absolute Priority 2, up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs, consortia of LEAs, or one or more 
LEAs in partnership with an SEA.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This program is subject to the 
supplement-not-supplant requirements in ESEA section 4110.
    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 www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. 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 
the Cost Principles described in 2 CFR part 200 subpart E of the 
Uniform Guidance.
    3. Equitable Services for Children and Educators in Private 
Schools: A grantee under this program is required to provide for the 
equitable participation of private school children, teachers, and other 
educational personnel in accordance with section 8501 of the ESEA (20 
U.S.C. 7881). Applicants must consult with appropriate private school 
officials before the entity makes any decision that affects the 
opportunities of eligible private school children and educators to 
receive equitable services under this program. (ESEA section 
8501(c)(3)). Consultation might include a brief survey of private 
schools or other information gathering to indicate the schools' 
interest in participating and the population to be served to allow the 
applicant to consider the needs of private school children and 
educators in developing its application, and to include the projected 
costs for equitable services in the application.
    4. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Application Submission Instructions: 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.
    2. Intergovernmental Review: This program 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 program.
    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 75 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.

[[Page 29646]]

    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 program are 
from 34 CFR 75.210. The selection criteria are as follows:
    (a) Need for project (up to 10 points).
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the following factors:
    (i) The magnitude or severity of the problem to be addressed by the 
proposed project. (up to 5 points)
    (ii) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses. (up to 5 points)
    (b) Quality of the project design (up to 25 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 goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable. 
(up to 5 points)
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs. (up to 5 points)
    (iii) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance. (up to 5 points)
    (iv) The extent to which the design of the proposed project 
reflects up-to-date knowledge from research and effective practice. (up 
to 5 points)
    (v) The extent to which the applicant demonstrates that it has the 
resources to operate the project beyond the length of the grant, 
including a multiyear financial and operating model and accompanying 
plan; the demonstrated commitment of any partners; evidence of broad 
support from stakeholders (such as State educational agencies and 
teachers' unions) critical to the project's long-term success; or more 
than one of these types of evidence. (up to 5 points)
    (c) Quality of project services (up to 15 points).
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability. (up to 5 points)
    (3) In addition, the Secretary considers the following factors:
    (i) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services. (up to 5 
points)
    (ii) The extent to which the services to be provided by the 
proposed project are focused on those with the greatest needs. (up to 5 
points)
    (d) Quality of project personnel (up to 10 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 
historically been underrepresented based on race, color, national 
origin, gender, age, or disability. (up to 5 points)
    (3) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel. 
(up to 5 points)
    (e) Adequacy of resources (up to 10 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 relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project. 
(up to 5 points)
    (ii) The extent to which the costs are reasonable in relation to 
the objectives, design, and potential significance of the proposed 
project. (up to 5 points)
    (f) Quality of the management plan (up to 20 points).
    (1) The Secretary considers the quality of the management plan for, 
and the evaluation to be conducted of, the proposed project.
    (2) In determining the quality of the management plan and the 
project evaluation, the Secretary considers the following factors:
    (i) 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. (up to 5 points)
    (ii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project. (up to 
5 points)
    (iii) 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)
    (g) Quality of the project evaluation (up to 10 points).
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation will provide 
valid and reliable performance data on relevant outcomes. (up to 5 
points)
    (ii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible. (up to 5 points)
    Note: The project evaluation selection criterion relates to 
performance measure (b) under the Performance Measures section of this 
notice.
    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 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs

[[Page 29647]]

or activities receiving Federal financial assistance from the 
Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific 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 specific 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. 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 
John S. McCain National Defense Authorization Act for Fiscal Year 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); 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 https://www2.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:
    (a) Program Performance Measures. The performance measures for this 
program are--
    (1) For grants under Absolute Priority 1:
    (i) The percentage of affected families who were engaged in the 
planning process (that is, the number of affected families who were 
engaged divided by the estimated total number of affected families);
    (ii) The percentage of affected educators who were engaged in the 
planning process (that is, the number of affected educators who were 
engaged divided by the total number of affected educators);
    (iii) The percentage of affected students who were engaged in the 
planning process (that is, the number of affected students who were 
engaged divided by the total number of affected students);
    (iv) The number of community partners who were engaged in the 
planning process;
    (v) The number of grantees that developed or enhanced, and 
published, a comprehensive plan for increasing socioeconomic diversity; 
and
    (vi) The number of grantees that have implemented or are 
implementing their comprehensive plan within 24-months of the end of 
the project period.
    (2) For grants under Absolute Priority 2:

[[Page 29648]]

    (i) The number of grantees that met their project-specific goals 
for increasing and sustaining socioeconomic diversity in covered 
schools, as measured against goals set forth in their comprehensive 
plans for increasing socioeconomic diversity.
    (ii) The increase in the number of students with access to well-
rounded educational opportunities, compared with a baseline determined 
by the grantee.
    (iii) The number of schools demonstrating improved outcomes in each 
of the following, which must be reported to the Department overall and 
by student group (for each group identified in ESEA section 
1111(c)(2)):
    (A) Increasing student achievement;
    (B) Increasing high school graduation rates;
    (C) Reducing school discipline rates, including reduced 
disproportionality in discipline rates; and
    (D) Improving kindergarten readiness.
    (iv) The number of community partners engaged.
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project, including 
measures to address how the project will enhance and expand the 
provision of well-rounded education opportunities to students and 
support student health and success. Applicants must provide the 
following information as directed under 34 CFR 75.110(b) and (c):
    (1) Performance measures. How each proposed performance measure 
would accurately measure the performance of the project and how the 
proposed performance measure would be consistent with the performance 
measures established for the program funding the competition.
    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii) 
if the applicant has determined that there are no established baseline 
data for a particular performance measure, an explanation of why there 
is no established baseline and of how and when, during the project 
period, the applicant would establish a valid baseline for the 
performance measure.
    (3) Performance targets. Why each proposed performance target is 
ambitious yet achievable compared to the baseline for the performance 
measure and when, during the project period, the applicant would meet 
the performance target(s).
    (4) Data collection and reporting. (i) The data collection and 
reporting methods the applicant would use and why those methods are 
likely to yield reliable, valid, and meaningful performance data; and 
(ii) 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.
    All grantees must submit annual performance reports with 
information that is responsive to these performance measures.
    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, whether 
the grantee has made substantial progress in achieving 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.

James F. Lane,
Principal Deputy Assistant Secretary, Delegated the Authority To 
Perform the Functions and Duties of the Assistant Secretary for 
Elementary and Secondary Education.
[FR Doc. 2023-09667 Filed 5-5-23; 8:45 am]
BILLING CODE 4000-01-P