[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36294-36301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11789]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Applications for New Awards; Supporting America's School 
Infrastructure Grant Program

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2023 for the Supporting 
America's School Infrastructure (SASI) Grant Program, Assistance 
Listing Number (ALN) number 84.184K. This notice relates to the 
approved information collection under OMB control number 1894-0006.

DATES: 
    Applications Available: June 5, 2023.
    Deadline for Transmittal of Applications: August 7, 2023.
    Deadline for Intergovernmental Review: October 6, 2023.
    Pre-Application Webinar Information: Information about a pre-
application webinar will be available on the program website at: 
https://oese.ed.gov/offices/school-infrastructure-programs-sip/.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common

[[Page 36295]]

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: Staci Cummins, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202-6450. 
Telephone: 202-987-1674. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of this program is to increase the 
capacity of States to support high-need local educational agencies 
(LEAs) and schools in leveraging other available Federal, State, and 
local resources to improve school facilities and environments through 
public school infrastructure improvements to ensure that their public 
school facilities are safe, healthy, sustainable, and equitable 
learning environments for all students.
    Background:
    Schools, especially those in high-need LEAs, face ongoing 
challenges in ensuring that their school facilities provide safe, 
healthy, sustainable, and equitable learning environments. Fifty 
million students and 6 million adults spend their days learning and 
working in public school buildings.\1\ Public schools account for the 
second most expansive public State and local infrastructure in the 
country, after highways. Yet, a 2020 U.S. Government Accountability 
Office (GAO) report found that an estimated 54 percent of LEAs in the 
United States reported that they need to replace or update major 
systems in more than half of their buildings,\2\ and the 2021 Report 
Card for America's Infrastructure rated the Nation's school buildings 
as a D-plus.\3\ In addition to necessary updates, the average public 
school building was 44 years old as of 2012, according to the most 
recent comprehensive dataset on public school facilities, the 2013 
National Center on Education Statistics Condition of America's Public 
School Facilities.\4\
---------------------------------------------------------------------------

    \1\ https://nces.ed.gov/programs/coe/indicator/cga/public-school-enrollment.
    \2\ https://www.gao.gov/assets/gao-20-494.pdf.
    \3\ https://infrastructurereportcard.org/wp-content/uploads/2020/12/National_IRC_2021-report.pdf.
    \4\ https://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2014022.
---------------------------------------------------------------------------

    LEAs, especially those in low-income neighborhoods, face challenges 
related to project financing, Federal and State grant application 
procedures, and understanding how to leverage available resources to 
improve school infrastructure. In making necessary infrastructure 
updates, LEAs face an estimated annual gap of $85 billion between the 
level of investment and level of need to maintain safe and up-to-date 
facilities, according to the 2021 State of Our Schools Report by the 
21st Century School Fund.\5\ Relatedly, the 2021 State of our Schools 
Report indicates that most school facility financing is provided 
locally and almost half of States provide little to no funding to LEAs 
for school infrastructure. Eleven States provide no funding at all, and 
an additional 10 States provide between 1 and 9 percent of an LEA's 
costs for maintaining school infrastructure.\6\ Without State funding, 
LEAs rely on local property or sales tax revenue; schools in low-income 
communities do not have sufficient revenue to finance enough borrowing 
to address their accumulated deficiencies from aged infrastructure. In 
this way, schools in low-income communities are disproportionately 
impacted by inequitable funding systems across the country.
---------------------------------------------------------------------------

    \5\ https://static1.squarespace.com/static/5a5ccab5bff20008734885eb/t/618aab5d79d53d3ef439097c/1636477824193/SOOS-IWBI2021-2_21CSF+print_final.pdf.
    \6\ https://static1.squarespace.com/static/5a5ccab5bff20008734885eb/t/618aab5d79d53d3ef439097c/1636477824193/SOOS-IWBI2021-2_21CSF+print_final.pdf.
---------------------------------------------------------------------------

    Despite decades of inequitable school funding systems and aging 
school infrastructure across the country, the COVID-19 pandemic 
illuminated the scope of the issue and the harm dilapidated school 
buildings have on our students and educators. In many public schools, 
the poor state of facilities hampered the return to in-person learning 
during the COVID-19 pandemic or led to lost instructional time when 
school ventilation systems were unable to maintain safe and healthy 
classroom conditions. Specifically, the GAO report found that an 
estimated 41 percent of school districts need to update or replace 
heating, ventilation, and air-conditioning (HVAC) systems in at least 
half of their schools, representing about 36,000 schools nationwide. If 
not addressed, HVAC-related problems, such as older systems that leak 
and damage flooring or ceiling tiles, can lead to indoor air quality 
problems and mold, aggravate asthma, and result in lost learning time.
    Extreme weather exacerbates these issues. For example, schools that 
do not have air-conditioning have had to adjust schedules to 
accommodate extreme heat or retrofit buildings with air-conditioning, 
requiring additional updates to piping and insulation to avoid air 
quality problems caused by moisture and condensation. Due to recent 
increases in extreme weather conditions, maintaining safe and healthy 
classroom conditions remains a challenge for schools across the United 
States, particularly in areas with higher proportions of students from 
``socially vulnerable groups'' according to GAO's 2022 study on 
disaster recovery.\7\ This GAO report also shows that school districts 
serving high proportions of children from vulnerable groups--including 
children who are from low-income backgrounds, children of color, 
English learners, and children with disabilities--are particularly 
susceptible to the adverse effects of disasters and may need more 
recovery assistance compared to school districts with less vulnerable 
student populations.
---------------------------------------------------------------------------

    \7\ https://www.gao.gov/assets/gao-22-104606.pdf.
---------------------------------------------------------------------------

    In addition, many States face challenges in building their own 
capacity to support LEAs in maintaining and improving school 
infrastructure. According to GAO's 2020 survey of the 50 States and 
District of Columbia, most States (38 of 49) either had not conducted 
or did not know if their State had conducted a State-level facilities 
condition assessment to determine school facilities' needs.\8\ States 
that had not conducted a statewide facilities condition assessment 
frequently said they do not assess school conditions because it is 
primarily the responsibility of LEAs, further compromising the ability 
of high-need LEAs to maintain safe, healthy, sustainable, and equitable 
learning environments.
---------------------------------------------------------------------------

    \8\ https://www.gao.gov/products/gao-20-494.
---------------------------------------------------------------------------

    Recent investments in school infrastructure, including the 
development of resources on related topics, across Federal agencies 
demonstrate the Federal Government's commitment to enhancing equity and 
sustainability in schools. For example, in 2022, the U.S. Department of 
Energy announced a new grant program focused on energy improvements at 
public

[[Page 36296]]

school facilities, especially in the highest-need districts, designed 
to save schools money.\9\ Similarly, the White House released a toolkit 
on Federal resources for addressing school infrastructure needs in 
April 2022.\10\ Additionally, the Environmental Protection Agency 
recently released grant announcements enabled by the Bipartisan 
Infrastructure Law for its Voluntary School and Child Care Lead Testing 
and Reduction Grant Program, which allows grant funding for lead 
remediation and testing in K-12 schools.\11\
---------------------------------------------------------------------------

    \9\ https://www.energy.gov/scep/grants-energy-improvements-public-school-facilities.
    \10\ https://www.whitehouse.gov/wp-content/suploads/2022/04/White-House-School-Infrastructure-Toolkit-04.04.22.pdf.
    \11\ https://www.epa.gov/dwcapacity/wiin-grant-voluntary-school-and-child-care-lead-testing-and-reduction-grant-program.
---------------------------------------------------------------------------

    Additional investment in consolidating available resources and 
training State and LEA personnel responsible for decision-making, 
planning, data, budgeting, operations, accountability, and management 
of public school facilities is necessary to enhance their ability to 
access and utilize the resources available to address the 
infrastructure challenges facing LEAs.
    To help address these challenges, the Department will use School 
Safety National Activities funds to increase State capacity to support 
high-need LEAs and provide technical assistance to those LEAs regarding 
how to leverage available resources to assess public school 
infrastructure needs and how to make infrastructure improvements in 
their highest-need public schools.
    Priorities: We are establishing two absolute priorities and one 
competitive preference priority 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 these absolute 
priorities.
    Only one application per State may be submitted to this grant 
competition under either Absolute Priority 1 or Absolute Priority 2.
    Applicants must clearly identify the specific absolute priority the 
proposed project addresses in the project abstract.
    Note: The Department may create two funding slates--one for 
applicants that meet Absolute Priority 1 and one for applicants that 
meet Absolute Priority 2. As a result, the Department may fund 
applications out of the overall rank order, provided applications of 
sufficient quality are submitted, but the Department is not bound to do 
so.
    These priorities are:
    Absolute Priority 1--Building Capacity of State Educational Agency 
(SEA).
    To meet this priority, an eligible State educational agency (as 
defined in this document) must propose a project to increase its 
capacity to support high-need LEAs (as defined in this document) and 
provide technical assistance to those LEAs regarding how to leverage 
available resources to assess infrastructure needs and how to make 
public school infrastructure improvements in their highest-need public 
schools.
    Absolute Priority 2--Building Capacity of State Entity (Other than 
the SEA).
    To meet this priority, an eligible State entity other than the SEA 
with authority or responsibility over educational facilities (i.e., if 
the SEA does not have authority over or responsibility for educational 
facilities) must propose a project in collaboration with the SEA to 
increase its capacity to support high-need LEAs and provide technical 
assistance to those LEAs regarding how to leverage available resources 
to assess infrastructure needs and how to make public school 
infrastructure improvements in their highest-need public schools.
    Competitive Preference Priority: For FY 2023 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority for applications under Absolute Priority 1. Under 34 CFR 
75.105(c)(2)(i), we award up to an additional 5 points for Competitive 
Preference Priority 1 to any application from an SEA under Absolute 
Priority 1 that addresses this priority. The total number of 
competitive preference points an SEA applicant may compete for is 5.
    An applicant must clearly identify in the project abstract and the 
project narrative section of its application that it wishes the 
Department to consider the application for purposes of earning 
competitive preference priority points.
    This priority is:
    Competitive Preference Priority 1--SEAs with Low Capacity in Areas 
of School Infrastructure. (Up to 5 points)
    To meet this priority, an applicant must demonstrate that it 
currently has low or no administrative capacity to support LEAs in its 
State in assessing facility conditions or making public school 
infrastructure improvements, by attesting that it meets one or more of 
the following criteria:
    (i) The SEA does not currently provide capital funding for school 
construction or renovations, consistent with the most recent annual 
Public Elementary-Secondary Education Finance Data the SEA reported to 
the U.S. Census Bureau. (0 or 3 point)
    (ii) The SEA does not currently employ a dedicated staff person 
whose primary job responsibility is providing technical assistance to 
LEAs regarding school infrastructure improvements. (0 or 2 points)
    Requirements: We are establishing these application and program 
requirements for the FY 2023 grant competition and any subsequent year 
in which we make awards from the list of unfunded applications from 
this competition.
    Application requirement (c) only applies to State entities other 
than the SEA that have authority over or responsibility for educational 
facilities. All remaining application requirements apply to all 
eligible applicants.
    Program Requirements: Applicants that receive an award under this 
program must--
    (a) Within one calendar year of receiving the award, complete a 
needs assessment of high-need LEAs to determine their issues, needs, 
and potential opportunities related to school infrastructure, and 
incorporate the needs assessment findings into the applicant's logic 
model and annual reporting.
    (b) Develop or improve State and local data and information systems 
management related to public school infrastructure (e.g., the condition 
of school facilities).
    (c) Evaluate the current State-level public school infrastructure 
funding systems and make recommendations that would ensure systems 
provide all students access to a safe, healthy, sustainable, and 
equitable learning environment.
    (d) Establish or improve statewide systems for training LEA 
officials responsible for public school infrastructure or public school 
infrastructure improvements.
    (e) Engage in activities necessary to plan the project period and 
evaluate impact (e.g., collect baseline data).
    (f) Provide technical assistance to high-need LEAs as they 
implement safe, healthy, sustainable, and equitable

[[Page 36297]]

infrastructure improvements with Federal, State, local, and private 
funding.
    (g) Build the capacity of SEA and State entity (as applicable for 
State entity applicants) staff by engaging in professional development 
on topics related to public school infrastructure and sustainability, 
including public school facilities planning, management, funding, and 
accountability; public school infrastructure improvements; regulations 
impacting infrastructure projects; facilities condition assessments and 
data management; the effects of education facilities on health, safety, 
equity, staff retention, and student achievement; environmental 
sustainability and climate resiliency; and potential cost-savings 
opportunities through procurement, resource efficiency, and 
preventative maintenance.
    (h) Applicants that receive an award under this program may also 
use funds, in accordance with their proposed application, on any of the 
following activities--
    (i) Facility conditions assessments for high-need LEAs.
    (ii) Support for high-need LEAs in developing sustainable financing 
models and partnerships.
    (iii) Support for high-need LEAs in long-term infrastructure 
planning.
    (iv) Review and update State standards, policies, procedures, 
regulations, or codes related to school infrastructure and provide 
related technical assistance to high-need LEAs.
    (v) Provide technical assistance to high-need LEAs on planning and 
implementing public school infrastructure improvements that advance 
environmental sustainability and climate resiliency.
    (vi) Collaborate and coordinate with related Federal, State, and 
local organizations, and school-based efforts, to increase State 
capacity to support LEAs in the areas of public school infrastructure 
and sustainability.
    (i) Allocate or hire at least one full-time employee to administer 
and implement the activities outlined in the grant application.
    (j) Annually report to the Department--
    (i) How high-need LEA capacity is being increased, as described in 
the logic model, including the key project components and short-term, 
mid-term, and long-term outcomes.
    (ii) Which LEAs in the State have been designated as high-need, how 
they meet the definition of high-need, and which received direct 
technical assistance.
    Application Requirements:
    (a) Describe the ``high-need LEAs'' designated by the State to be 
served by the proposed project.
    Applicants must define ``high-need LEA'' and describe how it will 
determine an LEA meets the definition of high-need. In addition, an 
applicant must describe how it will annually determine which LEAs meet 
the definition of high-need over the project period to ensure those 
designated as high-need benefit from the program.
    (b) Logic Model.
    Describe the applicant's approach to building internal capacity 
using a logic model. The applicant must describe its approach to 
increasing its capacity to support high-need LEAs in leveraging 
available resources to achieve safe, healthy, sustainable, and 
equitable school environments through public school infrastructure 
improvements using a logic model (as defined in 34 CFR 77.1), including 
the key project components and relevant outcomes (as defined in 34 CFR 
77.1). The description should indicate how the proposed approach will 
improve or expand on any previous approaches, how the new approach will 
address barriers, and how the applicant will sustain support for high-
need LEAs after the project period has ended.
    (c) Interagency collaboration with the SEA.
    A State entity applying under Absolute Priority 2 must describe how 
it will coordinate and collaborate with the SEA when implementing the 
project. A collaboration plan with the SEA must include--
    (i) How the State entity will develop and maintain interagency 
communication and coordination with the SEA.
    (ii) The role of the State entity and SEA in the project.
    (iii) A description of how the project will increase the capacity 
of the SEA to support high-need LEAs in leveraging available resources 
to assess and make infrastructure improvements in their highest-need 
public schools.
    (d) In addressing the selection criteria, present a proposed 
evaluation plan that describes the criteria for which (a) milestones 
were met; (b) outputs were met; (c) recipient outcomes (i.e., short-
term, mid-term, long-term) were met; and (d) capacity-building services 
are implemented as intended.
    Definitions: For FY 2023, and any subsequent year in which we make 
awards from the list of unfunded applications from this competition, 
the following definitions apply. The definitions of ``logic model,'' 
``project component,'' and ``relevant outcome'' are from 34 CFR 
77.1(c). The definitions of ``local educational agency'' and ``State 
educational agency'' are from section 8101 of the Elementary and 
Secondary Education Act of 1965, as amended (ESEA). We are establishing 
the definitions of ``high-need LEA,'' ``public school facilities,'' 
``public school infrastructure,'' ``public school infrastructure 
improvements,'' ``state entity,'' and ``sustainable'' 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).
    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.
    High-need LEA will be defined by the applicant as a part of the 
application (the definition for funded applicants will be finalized in 
consultation with the Department as part of the grant award process). 
The definition must include a measure of poverty and a measure of 
capacity to fund school facility improvements. As applicable, 
applicants may include in the definition secondary factors that impact 
the ability of an LEA or an individual school within an LEA to 
effectively make public school infrastructure improvements, such as the 
documented condition of facilities or geographic isolation of the LEA 
or individual schools within an LEA. An SEA may use the following 
definitions of poverty and capacity to fund facilities:
    (a) Poverty: An LEA may be defined as high-need if it is among the 
LEAs in the State with the highest numbers or percentages of students 
counted as eligible under section 1124(c) of the ESEA (20 U.S.C. 
6333(c)).
    (b) Capacity to Fund Facilities: An LEA may be defined as high-need 
if it is among the LEAs in the State with the most limited capacity to 
raise funds for the long-term improvement of public school facilities, 
as determined by an assessment of--
    (i) the current and historic ability of the LEA to raise funds for 
construction, renovation, modernization, and major repair projects for 
school infrastructure;
    (ii) whether the LEA has been able to issue bonds or receive other 
funds to support school construction projects; and
    (iii) the bond rating of the LEA.
    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

[[Page 36298]]

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.
    (a) 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.
    (b) Bureau of Indian Education Schools--The term includes an 
elementary 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 State educational agency (SEA) other than the 
Bureau of Indian Education.
    (c) Education Service Agencies--The term includes educational 
service agencies and consortia of those agencies.
    (d) State Educational Agency--The term includes the SEA in a State 
in which the SEA is the sole educational agency for all public schools.
    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.
    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).
    Public school facility means a building used to provide free public 
education, including instructional, resource, food service, and general 
or administrative support areas, so long as they are a part of the 
facility.
    Public school infrastructure means school buildings, facilities and 
grounds, including the built and natural outdoor environment of a 
public elementary school or secondary school that are necessary for an 
LEA to provide a safe, healthy, sustainable, and equitable learning 
environment for all students.
    Public school infrastructure improvements means activities related 
to building, acquiring, altering, remodeling, repairing, modernizing, 
or extending of public school facilities, including planning, design, 
financing, maintenance, and operations of public school infrastructure.
    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.
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas, consistent 
with section 8101(36) of the ESEA. (Section 8101(48) of the ESEA)
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools.
    State entity means an agency of the State other than the SEA with 
authority or responsibility over public school facilities.
    Sustainable means practices, policies, programs, and systems that 
do not deplete or permanently damage fiscal or environmental resources, 
while maintaining social well-being.
    Program Authority: Section 4631(a)(1)(B) of the ESEA (20 U.S.C. 
7281); Department of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriations Bill, 2023, H.R. 117-403, 
www.congress.gov/congressional-report/117th-congress/house-report/403/1.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    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, selection criteria, 
definitions, application requirements, and other 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 
4631(a)(1)(B) of the ESEA and the Departments Of Labor, Health And 
Human Services, And Education, And Related Agencies Appropriations 
Bill, 2023 and therefore qualifies for this exemption. In order to 
ensure timely grant awards, the Secretary has decided to forgo public 
comment on the priorities, requirements, definitions, and selection 
criteria under section 437(d)(1) of GEPA. These priorities, 
requirements, definitions, and selection criteria 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.
    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 (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: $40,000,000.
    Estimated Range of Awards: $3,000,000 to $5,000,000 for the full 60 
months.
    Estimated Average Size of Awards: $4,000,000.
    Estimated Number of Awards: 8-13.
    Note: The Department is not bound by any estimates in this notice. 
Contingent upon the availability of funds and the quality of 
applications, the Department anticipates making awards for the full 60-
months using FY 2023 and FY 2024 appropriations. The Department may 
make partial awards using FY 2023 appropriations and award the 
remaining funds using FY 2024 appropriations when they become 
available.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible to 
apply under this competition--
    (a) SEAs.
    (b) State entity other than the SEA that has authority over or 
responsibility for education facilities if the SEA does not have this 
authority.
    (c) A consortium comprised entirely of agencies or organizations 
within a single State described in clauses (a) or (b). Applicants 
applying under a consortium of eligible entities will be required to 
designate a lead agency in order to apply under the appropriate 
Absolute Priority and must meet all of

[[Page 36299]]

the requirements of 34 CFR 75.127 through 75.129.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted 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.
    c. 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. Limitation on Awards: The Department will make only one award 
per State.
    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: 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 the SASI program, 
your application may include business information that you consider 
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 of Information 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 
additional 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 30 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.
     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.
    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 competition 
are from 34 CFR 75.210. The maximum score for all of the selection 
criteria is 100 points. The maximum score for each criterion is 
included in parentheses following the title of the specific selection 
criterion. Each criterion also includes the factors that reviewers will 
consider in determining the extent to which an applicant meets the 
criterion.
    The selection criteria are as follows:
    (a) Need for the Project (up to 15 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 2 points).
    (ii) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project (up to 8 
points).
    (iii) 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 30 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 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).
    (ii) The extent to which the proposed activities constitute a 
coherent, sustained program of training in the field (up to 5 points).
    (iii) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population (up to 5 points).
    (iv) 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 (e.g., State educational agencies, teachers' 
unions) critical to the project's long-term success; or more than one 
of these types of evidence (up to 10 points).
    (v) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice) (up to 5 points).
    (c) Quality of Project Services (up to 30 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).

[[Page 36300]]

    (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 10 
points).
    (ii) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services (up to 10 points).
    (iii) The extent to which the services to be provided by the 
proposed project are focused on those with greatest needs (up to 5 
points).
    (d) 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 extent to which the budget is adequate to support the 
proposed project (up to 10 points).
    (e) Quality of Management Plan (up to 10 points).
    (1) The Secretary considers 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 (up to 10 
points).
    (f) Quality of Project Evaluation (up to 5 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 extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies (up to 
5 points).
    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, 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 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

[[Page 36301]]

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.
    5. Performance Measures: For the purpose of Department reporting 
under 34 CFR 75.110, we have established the following performance 
measures for the SASI program under both Absolute Priorities 1 and 2:
    (1) the number of grantees that attain or exceed the established 
targets for the outcome indicators for their projects that have been 
approved by the Secretary.
    (2) the number and percentage of high-need LEAs in the grantee 
State that report annually to the grantee that the overall condition of 
their school building(s) is adequate.
    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. 2023-11789 Filed 6-1-23; 8:45 am]
BILLING CODE 4000-01-P