[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33592-33601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11083]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Teacher and School Leader Incentive 
Program

AGENCY: Office of Elementary and Secondary Education, 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 Teacher and 
School Leader Incentive Program (TSL), Assistance Listing Number 
84.374A. This notice relates to the approved information collection 
under OMB control number 1810-0758.

DATES: 
    Applications Available: May 24, 2023.
    Pre-Application Webinars: The Office of Elementary and Secondary 
Education intends to post pre-recorded informational webinars designed 
to provide technical assistance to interested applicants for TSL 
grants. These informational webinars will be available on the TSL web 
page shortly

[[Page 33593]]

after this notice is published in the Federal Register at oese.ed.gov/offices/office-of-discretionary-grants-support-services/effective-educator-development-programs/teacher-and-school-leader-incentive-program/applicant-info-eligibility/. A TSL Frequently Asked Questions 
document will also be published on the TSL program web page as soon as 
it is available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/effective-educator-development-programs/teacher-and-school-leader-incentive-program/.
    Deadline for Notice of Intent to Apply: June 7, 2023.
    Deadline for Transmittal of Applications: June 28, 2023.
    Deadline for Intergovernmental Review: August 28, 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: Cynthia Hunter, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202-5960. 
Telephone: 202-401-3584. Email: [email protected] or [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 TSL is to assist States, local 
educational agencies (LEAs), and nonprofit organizations to develop, 
implement, improve, or expand comprehensive performance-based 
compensation systems (PBCS) or human capital management systems (HCMS) 
for teachers, principals, or other school leaders (as defined in this 
notice) (especially for teachers, principals, or other school leaders 
in high-need schools who raise student growth and academic achievement 
and close the achievement gap between high- and low-performing 
students. In addition, a portion of TSL funds may be used to study the 
effectiveness, fairness, quality, consistency, and reliability of PBCS 
or HCMS for educators. Many of the terms used here are defined terms 
and can be found in the ``Definitions'' section of this notice.
    Background: TSL is authorized under section 2212 of the Elementary 
and Secondary Education Act of 1965, as amended (ESEA).
    The Department is committed to strengthening the education 
workforce through its Raise the Bar: Lead the World \1\ initiative. The 
Department's call to action seeks to transform P-12 education by 
promoting academic excellence, boldly improving learning conditions, 
and preparing our Nation's students for global competitiveness. 
Consistent with that call to action, the priorities used in this 
competition advance Raise the Bar's goals to boldly improve learning 
conditions by eliminating educator shortages, including through 
effective teacher retention efforts such as career advancement 
opportunities for teachers.
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    \1\ https://www.ed.gov/raisethebar.
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    The FY 2023 TSL competition is designed to support entities in 
implementing, improving, or expanding their HCMS, which by definition 
must include a PBCS; or in implementing, improving, or expanding their 
PBCS. TSL is also intended to primarily serve educators in high-need 
schools who raise student growth and academic achievement and close the 
achievement gap between high- and low-performing students, although the 
program may also fund services for educators serving in high-need 
subject areas (though not necessarily in high-need schools), as 
determined by the LEA or by the State.
    Many States and LEAs have worked to create and improve their 
comprehensive HCMS, and LEAs have invested in high-quality educator 
evaluation and support systems to improve recruitment and retention 
efforts, provide educators with meaningful feedback and targeted 
professional development, and use educator performance data to inform 
key school- and district-level decisions. While an increasing number of 
LEAs are well-equipped to make human capital decisions that both 
support educators and improve student outcomes, additional work is 
needed to ensure that these educator evaluation and support systems are 
fair, reliable, and credible; conducive to enhancing educator growth 
and advancement; likely to support improved student outcomes; and 
seamlessly integrated into school- and district-level human capital 
processes. Absolute Priority 1, which focuses on human capital 
management systems (HCMS) or performance-based compensation systems 
(PBCS) and career advancement opportunities, will support LEAs in this 
work.
    In addition, Absolute Priority 1 requires applicants to address how 
they will support career advancement opportunities for educators. 
Teacher leadership models and activities provide experienced and 
effective teachers leadership opportunities that allow them to have a 
greater impact on their school community while remaining in the 
classroom and being compensated for additional responsibilities. This 
could include, for example, distributive leadership models which allow 
teachers to lead alongside their principal to facilitate positive 
schoolwide change; teacher-led instructional improvement efforts 
focused on specific areas of academic content; opportunities to shape 
schoolwide policies and climate, and lead professional learning 
communities; participation in master teacher programs, teacher 
mentorship programs, and job-embedded content coaching; and the 
implementation of advisory systems. These leadership opportunities 
support academic success for students while creating career ladders 
that support teacher retention.
    Absolute Priority 2 requires applicants to concentrate TSL-funded 
grant project activities to support teachers, principals, or other 
school leaders in high-need schools. In 2021, the Department clarified 
and simplified the expectation that TSL-funded grant activities 
primarily serve high-need schools by establishing a new definition of 
high-need schools that modified how applicants identify high-need 
schools for the purposes of the TSL Program.
    Through the two absolute priorities listed in this notice, the 
Department seeks to promote and support States and LEAs in their 
efforts to implement goals and objectives as well as lessons learned 
from close to two decades of investment and research in HCMS and PBCS. 
In addition to two absolute priorities, this notice includes two 
competitive preference priorities focused on diversifying and 
strengthening the educator workforce and promoting equitable access to 
high quality educators.
    Competitive Preference Priority 1 emphasizes the importance of 
promoting equitable student access to educational resources and 
opportunities through continued professional development and enrichment 
opportunities that grow and retain our Nation's best educators.
    It is well established that teacher effectiveness contributes 
greatly to

[[Page 33594]]

student academic outcomes, and with the learning setbacks students have 
experienced nationwide due to the COVID-19 pandemic, there is even more 
urgency to ensure that students have equitable access to effective 
teachers, particularly for students from low-income backgrounds, 
students of color, English learners, and students with disabilities, 
who experienced more substantial learning loss.\2\ In 2022, the 
National Center for Education Statistics (NCES) studied the National 
Assessment of Educational Progress's long-term trend data, which 
revealed that the average scores for 9-year-old students declined 5 
points in reading and 7 points in mathematics between 2020 and 2022. 
While these scores represent the largest average score decline in 
reading since 1990, and the first ever score decline in mathematics, 
the downward trajectory in scores was even more dramatic for already 
lower-performing students.\3\ Since educators represent the most 
significant in-school factor for student outcomes, it is essential to 
attract, develop, and retain a well-qualified, experienced, effective, 
and diverse pool of highly skilled and effective teachers who are 
prepared to teach diverse groups of learners (e.g., through co-teaching 
models, dual certifications, universal design for learning), 
particularly in high-need schools.
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    \2\ U.S. Department of Education, Office of Civil Rights, 
Education in a Pandemic: The Disparate Impacts of COVID-19 on 
America's Students. www2.ed.gov/about/offices/list/ocr/docs/20210608-impacts-of-covid19.pdf.
    \3\ U.S. Department of Education, Institute of Education 
Sciences, National Center for Education Statistics, National 
Assessment of Educational Progress, 2020 and 2022 Long-Term Trend 
Reading and Mathematics Assessments. The Nation's Report Card, 
https://www.nationsreportcard.gov/highlights/ltt/2022/.
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    Research funded by the Department's Institute of Education Sciences 
concluded that student achievement can improve by as much as 21 
percentile points when teachers participate in well-designed 
professional development programs.\4\ Because widespread teacher 
shortages have worsened in recent years as a result of the pandemic, 
schools must focus on reducing educator attrition rates by recruiting 
and retaining a high-quality, skilled workforce. This is especially 
true for high-need schools where, according to education scholars,\5\ 
teacher shortages historically have been more severe.
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    \4\ Yoon, K.S., Duncan, T., Lee, S.W.-Y., Scarloss, B., & 
Shapley, K. (2007). Reviewing the evidence on how teacher 
professional development affects student achievement (Issues & 
Answers Report, REL 2007-No. 033). Washington, DC: U.S. Department 
of Education, Institute of Education Sciences, National Center for 
Education Evaluation and Regional Assistance, Regional Educational 
Laboratory Southwest. Retrieved from http://ies.ed.gov/ncee/edlabs.
    \5\ Garcia, E., Kraft, M.A., and Schwartz, H.L. Are we at a 
crisis point with the public teacher workforce? Education scholars 
share their perspectives. Brookings, 26 August 2022, https://
www.brookings.edu/blog/brown-center-chalkboard/2022/08/26/are-we-at-
a-crisis-point-with-the-public-teacher-workforce-education-scholars-
share-their-perspectives/
#:~:text=As%20of%20March%202022%2C%2058,anticipated%20a%20%E2%80%9Cla
rge%20shortage.%E2%80%9D.
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    Competitive Preference Priority 2 supports the critical need to 
increase the diversity of the educator workforce. This competitive 
preference priority focuses on the essential role a diverse educator 
workforce plays in ensuring equity in our education system and the 
urgency in addressing the needs of diversifying the educator pipeline, 
consistent with the Department's Raise the Bar: Lead the World call to 
action.\6\ Studies suggest that all students benefit from having 
teachers of color. For students of color, exposure to teachers of their 
race or ethnicity has a positive effect on the students' academic and 
social achievement, and increases attendance, the likelihood of high 
school graduation, and college attendance. White students also benefit 
academically and socially from having teachers from diverse 
backgrounds, who support students in gaining accurate perceptions of 
our society.7 8
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    \6\ www2.ed.gov/about/inits/ed/raise-the-bar/executive-summary.pdf.
    \7\ Cherng, H.Y.S., & Halpin, P.F. (2016). The importance of 
minority teachers: Student perceptions of minority versus White 
teachers. Educational Researcher, 45(7), 407-420; Irvine, J.J. 
(1988). An analysis of the problem of disappearing Black educators. 
Elementary School Journal, 88(5), 503-514.
    \8\ Figlio, David. The importance of a diverse teaching force. 
Brookings, 16 November 2017, https://www.brookings.edu/research/the-importance-of-a-diverse-teaching-force/. Blazar, David. (2022). How 
and Why Do Black Teachers Benefit Students?: An Experimental 
Analysis of Causal Mediation. (EdWorkingPaper: 21-501). Retrieved 
from Annenberg Institute at Brown University: https://doi.org/10.26300/jym0-wz02.
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    However, despite evidence that points to the importance of a 
diverse educator workforce, educator representation disparities 
persist. NCES data indicates that more than 50 percent of public school 
students are students of color, yet in 2017-18, the most recent year of 
available data, roughly 25 percent of teachers were teachers of 
color.\9\ And despite English learners representing the fastest growing 
public school student demographic, most States face a shortage of 
bilingual and multilingual teachers prepared and certified to 
adequately educate English learner students.\10\
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    \9\ U.S. Department of Education, Institute of Education 
Sciences, National Center for Education Statistics, National 
Assessment of Educational Progress, Race and Ethnicity of Public 
School Teachers and Their Students. Data Point, https://nces.ed.gov/pubs2020/2020103/index.asp?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term.
    \10\ See id.
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    Teacher workforce data from the last 30 years shows that the number 
of teachers of color hired by the country's schools has increased at a 
faster rate than the number of white teachers; however, teachers of 
color leave at a much higher rate than their white counterparts.\11\ In 
its 2021 State of the U.S. Teacher Survey,\12\ RAND Corporation 
researchers found that nearly 50 percent of Black teachers reported in 
the winter of 2021 that they would likely vacate their positions at the 
conclusion of the school year, compared to 23 percent of teachers 
overall, citing a variety of reasons such as lack of respect, workplace 
discrimination, lower wages, lack of adequate resources, 
disenfranchisement, and unrealistic job expectations.\13\ The 
Department is interested in strategies that support a diverse workforce 
through recruitment, development, and retention. As such, this 
competitive preference priority focuses on activities designed to 
strengthen educator diversity through a broader lens of equity, with an 
emphasis on recruitment, support, and retention. We note that, although 
Competitive Preference Priority 2 refers to such activities in ``high-
poverty'' school districts, consistent with Absolute Priority 2, all 
projects must be focused on ``high-need schools''.
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    \11\ Carr, Sarah. Public Schools Are Struggling to Retain Black 
Teachers. These Ex-Teachers Explain Why. Time, 5 January 2022, 
https://time.com/6130991/black-teachers-resigning/.
    \12\ Steiner, Elizabeth D. and Ashley Woo, Job-Related Stress 
Threatens the Teacher Supply: Key Findings from the 2021 State of 
the U.S. Teacher Survey. Santa Monica, CA: RAND Corporation, 2021. 
https://www.rand.org/pubs/research_reports/RRA1108-1.html.
    \13\ Carr, Sarah. Public Schools Are Struggling to Retain Black 
Teachers. These Ex-Teachers Explain Why. Time, 5 January 2022, 
https://time.com/6130991/black-teachers-resigning/.
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    In addition to implementing strong induction and mentoring 
programs, improving workplace culture by creating inclusive 
environments, and reducing job related stress, studies show that 
creating and maintaining strong relationships with organizations that 
prepare teachers of color is another high-yield strategy in recruiting 
and retaining minority educators.\14\ Historically Black Colleges and 
Universities (HBCUs), for example, have prepared African American 
educators and leaders and provide a strong pipeline for educators of 
color.

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Although they make up only 3 percent of the Nation's colleges and 
universities, for example, HBCUs prepare nearly 50 percent of the 
Nation's African American teachers.\15\ HBCUs are indispensable to 
producing and advancing educational opportunities for students of 
color, first-generation, and underrepresented students who are 
interested in the teaching profession.\16\ In many urban and rural 
communities, HBCUs produce high numbers of teachers who work in the 
local school divisions.\17\ Leveraging the HBCU network to recruit 
teachers of color is a high impact way to diversify the educator 
pipeline and, in turn, advance student growth and achievement.
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    \14\ See id.
    \15\ See id.
    \16\ Fenwick, L. (2016). Teacher preparation innovation and 
historically black colleges and universities (HBCUs). Teaching Works 
working papers. University of Michigan. http://www.teachingworks.org/images/files/TeachingWorks_Fenwick.pdf.
    \17\ See id.
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    Priorities: This notice contains two absolute priorities and two 
competitive preference priorities. In accordance with 34 CFR 
75.105(b)(2)(v), Absolute Priority 1 is from ESEA section 2212(e)(1) 
and (2)(F); and Absolute Priority 2 is from the TSL Notice of Final 
Priority and Definition, published in the Federal Register on July 9, 
2021 (86 FR 36220) (TSL NFP). In accordance with 34 CFR 
75.105(b)(2)(ii), Competitive Preference Priorities 1 and 2 are from 
the Secretary's Supplemental Priorities and Definitions for 
Discretionary Grants Programs, published in the Federal Register on 
December 10, 2021 (86 FR 70612) (Supplemental Priorities).
    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 both absolute 
priorities.
    These priorities are:
    Absolute Priority 1--Human Capital Management Systems (HCMS) or 
Performance Based Compensation Systems (PBCS) and Career Advancement 
Opportunities.
    Under this priority, eligible applicants must propose a project to 
(1) develop, implement, improve, or expand, in collaboration with 
teachers, principals, other school leaders, and members of the public, 
a PBCS or HCMS; and (2) institute career advancement opportunities 
characterized by increased responsibility and pay that reward and 
recognize effective teachers, principals, or other school leaders in 
high-need schools and enable them to expand their leadership and 
results, such as through teacher-led professional development, 
mentoring, coaching, hybrid roles, administrative duties, and career 
ladders.
    Applicants that propose to use grant funds, under ESEA section 
2212(e)(2)(A), to develop or improve an evaluation and support system 
as part of an HCMS, in responding to this priority, must describe how 
such system--
    (a) Reflects clear and fair measures of educator performance, based 
in part on demonstrated improvement in student academic achievement; 
and
    (b) Provides educators with ongoing, differentiated, targeted, and 
personalized support and feedback for improvement, including 
professional development opportunities designed to increase 
effectiveness.
    Absolute Priority 2--High-Need Schools.
    Under this priority, eligible applicants must concentrate proposed 
activities on teachers, principals, or other school leaders serving in 
high-need schools.
    In order to demonstrate that the TSL project is concentrated in 
high-need schools, the applicant must--
    (a) Provide the requested data in paragraph (c) of this priority to 
demonstrate that at least the majority of the schools participating in 
the proposed project are high-need schools and describe how the TSL-
assisted grant activities are focused on those schools;
    (b) Include a list of all schools in which the proposed TSL-funded 
project would be implemented and indicate which schools are high-need 
schools; and
    (c) Provide the most recently available school-level data 
supporting each school's designation as a high-need school.
    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 5 points to an 
application, depending on how well the application meets Competitive 
Preference Priority 1. We award up to an additional 5 points to an 
application depending on how well the application meets Competitive 
Preference Priority 2. An application may be awarded a maximum of 10 
additional points under the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--Promoting Equity in Student 
Access to Educational Resources and Opportunities. (up to 5 points)
    Under this priority, an applicant must demonstrate that the 
applicant proposes a project designed to promote educational equity and 
adequacy in resources and opportunity for underserved students--
    (a) In one or more of the following educational settings:
    (1) Elementary school.
    (2) Middle school.
    (3) High school.
    (4) Career and technical education programs.
    (b) That examines the sources of inequity and inadequacy and 
implement responses, and that may include one or more of the following:
    (1) Increasing the number and proportion of experienced, fully 
certified, in-field, and effective educators, and educators from 
traditionally underrepresented backgrounds or the communities they 
serve, to ensure that underserved students have educators from those 
backgrounds and communities and are not taught at disproportionately 
higher rates by uncertified, out-of-field, and novice teachers compared 
to their peers.
    (2) Improving the retention of fully certified, experienced, and 
effective educators in high-need schools or shortage areas.
    Competitive Preference Priority 2--Supporting a Diverse Educator 
Workforce and Professional Growth to Strengthen Student Learning. (up 
to 5 points)
    Projects that are designed to increase the proportion of well-
prepared, diverse, and effective educators serving students, with a 
focus on underserved students, through building or expanding high-
poverty school districts' capacity to hire, support, and retain an 
effective and diverse educator workforce, by developing data systems, 
timelines, and action plans for promoting inclusive and bias-free human 
resources practices that promote and support development of educator 
diversity.
    Application Requirements: For FY 2023 and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, the following application requirements from ESEA section 
2212(c) apply.
    Each eligible applicant desiring a grant under this program must 
submit an application that contains--
    (i) A description of the PBCS or HCMS that the eligible entity 
proposes to develop, implement, improve, or expand through the grant;
    (ii) A description of the most significant gaps or insufficiencies 
in student access to effective educators in high-need schools, 
including gaps or

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inequities in how effective educators are distributed across the LEA, 
as identified using factors such as data on school resources, staffing 
patterns, school environment, educator support systems, and other 
school-level factors;
    (iii) A description and evidence of the support and commitment from 
educators, which may include charter school leaders, in the school 
(including organizations representing educators), the community, and 
the LEA to the activities proposed under the grant;
    (iv) A description of how the eligible entity will develop and 
implement a fair, rigorous, valid, reliable, and objective process to 
evaluate educator performance under the system that is based in part on 
measures of student academic achievement, including the baseline 
performance against which evaluations of improved performance will be 
made;
    (v) A description of the LEAs or schools to be served under the 
grant, including student academic achievement, demographic, and 
socioeconomic information;
    (vi) A description of the effectiveness of educators in the LEA and 
the schools to be served under the grant and the extent to which the 
system will increase the effectiveness of educators in such schools;
    (vii) A description of how the eligible entity will use grant funds 
under section 2212 of the ESEA in each year of the grant, including a 
timeline for implementation of such activities;
    (viii) A description of how the eligible entity will continue the 
activities assisted under the grant after the grant period ends;
    (ix) A description of the State, local, or other public or private 
funds that will be used to supplement the grant, including funds under 
Title II, part A of the ESEA, and sustain the activities assisted under 
the grant after the end of the grant period;
    (x) A description of--
    (A) The rationale for the project;
    (B) How the proposed activities are evidence-based (as defined in 
this notice); and
    (C) If applicable, the prior experience of the eligible entity in 
developing and implementing such activities.
    Definitions: The definitions of ``human capital management system'' 
and ``performance-based compensation system'' are from section 2211 of 
the ESEA. The definitions of ``evidence-based'' and ``school leader'' 
are from section 8101 of the ESEA. The definitions of ``demonstrates a 
rationale,'' ``experimental study,'' ``logic model,'' ``moderate 
evidence,'' ``project component,'' ``promising evidence,'' ``quasi-
experimental design study,'' ``relevant outcome,'' ``strong evidence,'' 
and ``What Works Clearinghouse Handbooks (WWC Handbooks)'' are from 34 
CFR 77.1. The definition of ``high-need school'' is from the TSL NFP. 
The definitions of ``children or students with disabilities,'' 
``disconnected youth,'' ``educator,'' ``English learner,'' and 
``underserved student'' are from the Supplemental Priorities. These 
definitions 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.
    Children or students with disabilities means children with 
disabilities as defined in section 602(3) of the Individuals with 
Disabilities Education Act (IDEA) (20 U.S.C. 1401(3)) and 34 CFR 300.8, 
or students with disabilities, as defined in the Rehabilitation Act of 
1973 (29 U.S.C. 705(37), 705(202)(B)).
    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.
    Disconnected youth means an individual, between the ages 14 and 24, 
who may be from a low-income background, experiences homelessness, is 
in foster care, is involved in the justice system, or is not working or 
not enrolled in (or at risk of dropping out of) an educational 
institution.
    Educator means an individual who is an early learning educator, 
teacher, principal or other school leader, specialized instructional 
support personnel (e.g., school psychologist, counselor, school social 
worker, early intervention service personnel), paraprofessional, or 
faculty.
    English learner means an individual who is an English learner as 
defined in section 8101(20) of the ESEA or an individual who is an 
English language learner as defined in section 203(7) of the Workforce 
Innovation and Opportunity Act.
    Evidence-based, when used with respect to a State, LEA, or school 
activity, means an activity, strategy, or intervention that--
    (i) Demonstrates a statistically significant effect on improving 
student outcomes or other relevant outcomes based on--
    (A) Strong evidence from at least one well-designed and well-
implemented experimental study;
    (B) Moderate evidence from at least one well-designed and well-
implemented quasi-experimental study; or
    (C) Promising evidence from at least one well-designed and well-
implemented correlational study with statistical controls for selection 
bias; or
    (ii)(A) Demonstrates a rationale based on high-quality research 
findings or positive evaluation that such activity, strategy, or 
intervention is likely to improve student outcomes or other relevant 
outcomes; and
    (B) Includes ongoing efforts to examine the effects of such 
activity, strategy, or intervention.
    Experimental study means a study that is designed to compare 
outcomes between two groups of individuals (such as students) that are 
otherwise equivalent except for their assignment to either a treatment 
group receiving a project component or a control group that does not. 
Randomized controlled trials, regression discontinuity design studies, 
and single-case design studies are the specific types of experimental 
studies that, depending on their design and implementation (e.g., 
sample attrition in randomized controlled trials and regression 
discontinuity design studies), can meet What Works Clearinghouse (WWC) 
standards without reservations as described in the WWC Handbooks:
    (i) A randomized controlled trial employs random assignment of, for 
example, students, teachers, classrooms, or schools to receive the 
project component being evaluated (the treatment group) or not to 
receive the project component (the control group).
    (ii) A regression discontinuity design study assigns the project 
component being evaluated using a measured variable (e.g., assigning 
students reading below a cutoff score to tutoring or developmental 
education classes) and controls for that variable in the analysis of 
outcomes.
    (iii) A single-case design study uses observations of a single case 
(e.g., a student eligible for a behavioral intervention) over time in 
the absence and presence of a controlled treatment manipulation to 
determine whether the outcome is systematically related to the 
treatment.
    High-need school means a school with 50 percent or more of its 
enrollment from low-income families as calculated using--
    (a) The number of children eligible for a free or reduced-price 
lunch under the National School Lunch Program (NSLP) (or, if an LEA 
does not participate in the NSLP, comparable data from another source 
such as a survey);
    (b) If an LEA has one or more schools that participate in the 
Community Eligibility Provision (CEP) of the NSLP, for any of its 
schools (i.e., CEP and non-

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CEP schools), the method in paragraph (a) of this definition or an 
alternative method approved by the Department; and
    (c) For middle and high schools, data from feeder schools that can 
establish that the middle or high school is a high-need school under 
paragraph (a) or (b) of this definition.
    Human Capital Management System (HCMS) means a system--
    (i) By which an LEA makes and implements human capital decisions, 
such as decisions on preparation, recruitment, hiring, placement, 
retention, dismissal, compensation, professional development, tenure, 
and promotion; and
    (ii) That includes a performance-based compensation system.
    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.
    Moderate evidence means that there is evidence of effectiveness of 
a key project component in improving a relevant outcome for a sample 
that overlaps with the populations or settings proposed to receive that 
component, based on a relevant finding from one of the following:
    (i) A practice guide prepared by the WWC using version 2.1, 3.0, 
4.0, or 4.1 of the WWC Handbooks reporting a ``strong evidence base'' 
or ``moderate evidence base'' for the corresponding practice guide 
recommendation;
    (ii) An intervention report prepared by the WWC using version 2.1, 
3.0, 4.0, or 4.1 of the WWC Handbooks reporting a ``positive effect'' 
or ``potentially positive effect'' on a relevant outcome based on a 
``medium to large'' extent of evidence, with no reporting of a 
``negative effect'' or ``potentially negative effect'' on a relevant 
outcome; or
    (iii) A single experimental study or quasi-experimental design 
study reviewed and reported by the WWC using version 2.1, 3.0, 4.0, or 
4.1 of the WWC Handbooks, or otherwise assessed by the Department using 
version 4.1 of the WWC Handbooks, as appropriate, and that--
    (A) Meets WWC standards with or without reservations;
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome;
    (C) Includes no overriding statistically significant and negative 
effects on relevant outcomes reported in the study or in a 
corresponding WWC intervention report prepared under version 2.1, 3.0, 
4.0, or 4.1 of the WWC Handbooks; and
    (D) Is based on a sample from more than one site (e.g., State, 
county, city, school district, or postsecondary campus) and includes at 
least 350 students or other individuals across sites. Multiple studies 
of the same project component that each meet requirements in paragraphs 
(iii)(A), (B), and (C) of this definition may together satisfy the 
requirement in this paragraph (iii)(D).
    Performance-Based Compensation System (PBCS) means a system of 
compensation for teachers, principals, or other school leaders--
    (i) That differentiates levels of compensation based in part on 
measurable increases in student academic achievement; and
    (ii) Which may include--
    (A) Differentiated levels of compensation, which may include bonus 
pay, on the basis of the employment responsibilities and success of 
effective teachers, principals, or other school leaders in hard-to-
staff schools or high-need subject areas; and
    (B) Recognition of the skills and knowledge of teachers, 
principals, or other school leaders as demonstrated through--
    (I) Successful fulfillment of additional responsibilities or job 
functions, such as teacher leadership roles; and
    (II) Evidence of professional achievement and mastery of content 
knowledge and superior teaching and leadership skills.
    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).
    Promising evidence means that there is evidence of the 
effectiveness of a key project component in improving a relevant 
outcome, based on a relevant finding from one of the following:
    (i) A practice guide prepared by WWC reporting a ``strong evidence 
base'' or ``moderate evidence base'' for the corresponding practice 
guide recommendation;
    (ii) An intervention report prepared by the WWC reporting a 
``positive effect'' or ``potentially positive effect'' on a relevant 
outcome with no reporting of a ``negative effect'' or ``potentially 
negative effect'' on a relevant outcome; or
    (iii) A single study assessed by the Department, as appropriate, 
that--
    (A) Is an experimental study, a quasi-experimental design study, or 
a well-designed and well-implemented correlational study with 
statistical controls for selection bias (e.g., a study using regression 
methods to account for differences between a treatment group and a 
comparison group); and
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome.
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental study by identifying a 
comparison group that is similar to the treatment group in important 
respects. This type of study, depending on design and implementation 
(e.g., establishment of baseline equivalence of the groups being 
compared), can meet WWC standards with reservations, but cannot meet 
WWC standards without reservations, as described in the WWC Handbooks.
    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.
    School leader means a principal, assistant principal, or other 
individual who is--
    (i) An employee or officer of an elementary school or secondary 
school, LEA, or other entity operating an elementary school or 
secondary school; and
    (ii) Responsible for the daily instructional leadership and 
managerial operations in the elementary school or secondary school 
building.
    Strong evidence means that there is evidence of the effectiveness 
of a key project component in improving a relevant outcome for a sample 
that overlaps with the populations and settings proposed to receive 
that component, based on a relevant finding from one of the following:
    (i) A practice guide prepared by the WWC using version 2.1, 3.0, 
4.0, or 4.1 of the WWC Handbooks reporting a ``strong evidence base'' 
for the corresponding practice guide recommendation;
    (ii) An intervention report prepared by the WWC using version 2.1, 
3.0, 4.0, or 4.1 of the WWC Handbooks reporting a ``positive effect'' 
on a relevant outcome based on a ``medium to large'' extent of 
evidence, with no reporting of a ``negative effect'' or ``potentially 
negative effect'' on a relevant outcome; or
    (iii) A single experimental study reviewed and reported by the WWC

[[Page 33598]]

using version 2.1, 3.0, 4.0, or 4.1 of the WWC Handbooks, or otherwise 
assessed by the Department using version 4.1 of the WWC Handbooks, as 
appropriate, and that--
    (A) Meets WWC standards without reservations;
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome;
    (C) Includes no overriding statistically significant and negative 
effects on relevant outcomes reported in the study or in a 
corresponding WWC intervention report prepared under version 2.1, 3.0, 
4.0, or 4.1 of the WWC Handbooks; and
    (D) Is based on a sample from more than one site (e.g., State, 
county, city, school district, or postsecondary campus) and includes at 
least 350 students or other individuals across sites. Multiple studies 
of the same project component that each meet requirements in paragraphs 
(iii)(A), (B), and (C) of this definition may together satisfy the 
requirement in this paragraph (iii)(D).
    Underserved student means a student (which may include children in 
early learning environments, students in K-12 programs, students in 
career and technical education, as appropriate) in one or more of the 
following subgroups:
    (a) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (b) A student of color.
    (c) A student who is a member of a federally recognized Indian 
Tribe.
    (d) An English learner.
    (e) A child or student with a disability.
    (f) A disconnected youth.
    (g) A technologically unconnected youth.
    (h) A migrant student.
    (i) A student experiencing homelessness or housing insecurity.
    (j) A lesbian, gay, bisexual, transgender, queer or questioning, or 
intersex (LGBTQI+) student.
    (k) A student who is in foster care.
    (l) A student without documentation of immigration status.
    (m) A pregnant, parenting, or caregiving student.
    (n) A student impacted by the justice system, including a formerly 
incarcerated student.
    (o) A student who is the first in their family to attend 
postsecondary education.
    (p) A student performing significantly below grade level.
    What Works Clearinghouse Handbooks (WWC Handbooks) means the 
standards and procedures set forth in the WWC Standards Handbook, 
Versions 4.0 or 4.1, and WWC Procedures Handbook, Versions 4.0 or 4.1, 
or in the WWC Procedures and Standards Handbook, Version 3.0 or Version 
2.1 (all incorporated by reference, see Sec.  77.2). Study findings 
eligible for review under WWC standards can meet WWC standards without 
reservations, meet WWC standards with reservations, or not meet WWC 
standards. WWC practice guides and intervention reports include 
findings from systematic reviews of evidence as described in the WWC 
Handbooks documentation.
    Note: The What Works Clearinghouse Procedures and Standards 
Handbook (Version 4.1), as well as the more recent What Works 
Clearinghouse Handbooks released in August 2022 (Version 5.0), are 
available at https://ies.ed.gov/ncee/wwc/Handbooks.
    Program Authority: Sections 2211-2213 of the ESEA.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    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 Governmentwide Debarment and Suspension (Non-procurement) 
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. (d) The TSL NFP. (e) The Supplemental 
Priorities.
    Note: The regulations in 34 CFR part 86 apply to IHEs only.
    Type of Award: Discretionary grants.
    Estimated Available Funds: $95,452,236.
    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: $500,000 to $8.5 million.
    Note: The Department estimates a wide range of awards, given the 
potentially large differences in the scope of funded projects, 
including the size and number of participating LEAs.
    Estimated Average Size of Awards: $4,300,000.
    Estimated Number of Awards: 20-25.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants:
    (a) An LEA, including a charter school that is an LEA, or a 
consortium of LEAs;
    (b) A State educational agency (SEA) or other State agency 
designated by the Chief Executive of a State to participate;
    (c) The Bureau of Indian Education; or
    (d) A partnership consisting of--
    (i) One or more agencies described in paragraph (a), (b), or (c); 
and
    (ii) At least one nonprofit or for-profit entity.
    Note: For the purpose of this program, the Secretary considers all 
schools funded by the Department of Interior's Bureau of Indian 
Education to be LEAs under section 8101(30)(C) of the ESEA.
    Note: Under section 2212(b)(3) of the ESEA, an LEA may receive 
(whether individually or as part of a consortium or partnership) a 
grant under the TSL program only twice.
    2. a. Cost Sharing or Matching: Under section 2212(f) of the ESEA, 
each grant recipient must provide from non-Federal sources an amount 
equal to 50 percent of the amount of the grant (which may be provided 
in cash or in kind), to carry out the activities supported by the 
grant. Applicants and grantees should budget relative to each annual 
award of TSL grant funds. Applicants are strongly encouraged to take 
this requirement into account when requesting Federal funds and limit 
their requests appropriately. Applicants should verify that their 
budgets reflect both the requested Federal award amount and the 
matching contribution with appropriate cost allocations. TSL: (Cost 
Share or Matching Formula: Total Project Cost multiplied by .67 equals 
Federal Award Amount).
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. In accordance with section 2212(g) of 
the ESEA, funds made available under this program must be used to 
supplement, and not supplant, other Federal or State funds that would 
otherwise be expended to carry out activities under this program. The 
Secretary considers all schools funded by the Department of Interior's 
Bureau of Indian Education to be LEAs, and the funds that these schools 
receive from the Department of Interior's annual appropriation to be 
neither Federal nor State funds. Further, the prohibition against 
supplanting also means that grantees seeking to charge indirect costs 
to TSL funds will need to use their negotiated restricted indirect

[[Page 33599]]

cost rates. See 34 CFR 75.563 for more information.
    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 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c), a grantee under 
this competition may award subgrants to directly carry out project 
activities described in its application to the following types of 
entities: LEAs, SEAs, nonprofit organizations or for-profit 
organizations. The grantee may award subgrants to entities it has 
identified in an approved application.
    4. Renewal: Under section 2212(b)(2) of the ESEA, the Secretary may 
renew a grant awarded under this section for up to 2 additional years 
if the grantee demonstrates to the Secretary that the grantee is 
effectively using funds. Such renewal may include allowing the grantee 
to scale up or replicate the successful program.
    Note: During the third year of the project period for grants 
awarded under this competition, if the Department exercises the option 
to offer an opportunity for renewals, the Department will provide 
grantees with information on the renewal process. This additional 
funding is intended not only to support continuation of approved 
project activities, but also to encourage scaling, replication, and 
sustainability efforts and strategies. In making decisions on whether 
to award a 2-year renewal award, we intend to review performance data 
submitted in regularly required reporting, as well as potentially 
request narrative information to be assessed using selection criteria 
from 34 CFR 75.210.

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. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for TSL, an application 
may include business information that the applicant considers 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom Act (5 U.S.C. 552, as amended). Because we 
plan to make successful applications available to the public, you may 
wish to request confidentiality of business information. Consistent 
with Executive Order 12600, please designate in your application any 
information that you believe is exempt from disclosure under Exemption 
4. In the appropriate Appendix section of your application, under 
``Other Attachments Form,'' please list the page number or numbers on 
which we can find this information. For additional information please 
see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 40 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, 
Calibri, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants who intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of the applicant's intent to 
submit an application. To do so, please email [email protected] with the 
subject line ``Intent to Apply,'' and include the applicant's name and 
contact person's name and email address by July 10, 2023. Applicants 
that do not submit a notice of intent to apply may still apply for 
funding; applicants that do submit a notice of intent to apply are not 
bound to apply or bound by the information provided.

V. Application Review Information

    1. Selection Criteria: The following selection criteria for this 
competition are from 34 CFR 75.210. The maximum score for the following 
selection criteria is 100 points. The maximum score for each criterion 
is included in parentheses following its title.
    (a) Need for project (20 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining evidence of the need for the proposed project, 
the Secretary considers the following factors:
    (i) 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.
    (ii) The extent to which the proposed project will integrate with 
or build on similar or related efforts to improve relevant outcomes (as 
defined in this notice) using existing funding streams from other 
programs or policies supported by community, State, and Federal 
resources.
    (iii) The extent to which the proposed project is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (iv) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs

[[Page 33600]]

of the target population or other identified needs.
    (b) Quality of the project design (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 proposed project demonstrates a 
rationale (as defined in this notice).
    (ii) The extent to which the design of the proposed project 
includes a thorough, high-quality review of the relevant literature, a 
high-quality plan for project implementation, and the use of 
appropriate methodological tools to ensure successful achievement of 
project objectives.
    (iii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (c) Quality of the management plan (25 points)
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers 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.
    (d) Adequacy of resources (30 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 likelihood that the proposed project will result in system 
change or improvement.
    (ii) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (iii) The extent to which the applicant demonstrates that it has 
the resources to operate the project beyond the length of the grant, 
including a multi-year financial and operating model and accompanying 
plan; the demonstrated commitment of any partners; evidence of broad 
support from stakeholders (e.g., SEAs, teachers' unions) critical to 
the project's long-term success; or more than one of these types of 
evidence.
    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 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 competition 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 
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); 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

[[Page 33601]]

grant funds. When the deliverable consists of modifications to pre-
existing works, the license extends only to those modifications that 
can be separately identified and only to the extent that open licensing 
is permitted under the terms of any licenses or other legal 
restrictions on the use of pre-existing works. Additionally, a grantee 
or subgrantee that is awarded competitive grant funds must have a plan 
to disseminate these public grant deliverables. This dissemination plan 
can be developed and submitted after your application has been reviewed 
and selected for funding. For additional information on the open 
licensing requirements please refer to 2 CFR 3474.20.
    4. Reporting:
    (a) If you apply for a grant under this competition, you must 
ensure that you have in place the necessary processes and systems to 
comply with the reporting requirements in 2 CFR part 170 should you 
receive funding under the competition. This does not apply if you have 
an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    Note: In addition, under 34 CFR 75.591, all TSL grantees must 
cooperate in any evaluation of the program conducted by the Department.
    5. Performance Measures: The goal of TSL is to support educators, 
particularly those in high-need schools, to raise student academic 
achievement and close the achievement gap between high- and low-
performing students. For the purposes of Department reporting under 34 
CFR 75.110, we have established a set of performance measures: (a) the 
percentage of teachers and school leaders within the TSL-assisted 
schools rated effective or higher by their districts' evaluation and 
support systems; (b) the percentage of teachers and school leaders 
across the participating district(s) that show improvements, over the 
previous year, on the student growth component of their evaluation 
rating; (c) the percentage of teachers and school leaders within the 
TSL-assisted schools that show improvements, over the previous year, on 
the student growth component of their evaluation rating; (d) the 
percentage of teachers and school leaders in TSL-assisted schools for 
whom evaluation ratings were used to inform decisions regarding 
recruitment, hiring, placement, retention, dismissal, professional 
development, tenure, promotion, or all of the above; (e) the percentage 
of teachers and school leaders within the participating district(s) who 
earned performance-based compensation based on their individual 
evaluation ratings; (f) the percentage of teachers and school leaders 
in TSL-funded schools who earned performance-based compensation based 
on their individual evaluation ratings; (g) the number of teachers 
receiving performance compensation disaggregated by race, gender, and 
where available, disability status; (h) the number of school leaders 
receiving performance compensation disaggregated by race, gender, and 
where available, disability status; and (i) the number of teachers 
receiving performance compensation for leadership responsibilities 
disaggregated by race, gender, and where available, disability status.
    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, Office of 
Elementary and Secondary Education.
[FR Doc. 2023-11083 Filed 5-23-23; 8:45 am]
BILLING CODE 4000-01-P