[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36288-36294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11790]


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DEPARTMENT OF EDUCATION


Applications for New Awards; National Center on School 
Infrastructure

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 National Center 
on School Infrastructure (NCSI), Assistance Listing Number 84.184R. 
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 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 are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the NCSI program is to establish 
a national center on school infrastructure that will serve as a 
clearinghouse of resources for States and local educational agencies 
(LEAs) related to improving and developing safe, healthy, sustainable, 
and equitable public school infrastructure through public school 
infrastructure improvements, and provide technical assistance (TA) to 
Supporting America's School Infrastructure (SASI) grantees and high-
need LEAs seeking to leverage available resources to improve public 
school facilities 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\
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    \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.
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    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.
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    \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.
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    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.
    The increase in 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

[[Page 36289]]

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.
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    \7\ https://www.gao.gov/assets/gao-22-104606.pdf.
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    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.
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    \8\ https://www.gao.gov/products/gao-20-494.
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    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 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\
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    \9\ https://www.energy.gov/scep/grants-energy-improvements-public-school-facilities.
    \10\ https://www.whitehouse.gov/wp-content/uploads/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.
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    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 and build on other Federal 
educational infrastructure efforts, the Department will use School 
Safety National Activities funds to create a national clearinghouse and 
TA center, NCSI, that will consolidate resources on topics related to 
public school infrastructure improvements that support safe, healthy, 
sustainable, and equitable public school facilities. NCSI will also 
provide targeted TA to State entity grantees awarded funds under the 
SASI grant program and universal TA to States and LEAs on leveraging 
available resources to assess and make public school infrastructure 
improvements in their highest-need public schools.
    Priority: This competition includes one absolute priority. We are 
establishing this 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 Priority: This priority is an absolute priority. Under 34 
CFR 75.105(c)(3), we consider only applications that meet this absolute 
priority.
    This priority is:
    Develop a Clearinghouse of Resources and a Technical Assistance 
Center on School Infrastructure.
    Applicants must propose to establish a national center on school 
infrastructure that will serve as a clearinghouse of resources for 
States and LEAs related to improving and developing safe, healthy, 
equitable, and sustainable school infrastructure, and provide TA to 
SASI grantees and high-need LEAs seeking to leverage available 
resources to improve public school facilities for all students.
    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, in accordance with section 437(d)(1) of GEPA, 20 
U.S.C. 1232(d)(1).
    Program Requirements: The grantee under this program must meet the 
following program requirements:
    (a) Develop a service plan annually in consultation with the 
Department that incorporates factors identified by the Department, 
addresses implementation challenges faced by SASI grantees and high-
need LEAs in those States, and reflects emerging needs in public school 
infrastructure and sustainability. The annual service plan must be an 
update to the grantee's 5-year plan submitted as part of its 
application. The annual service plan must also include, at a minimum, 
the following elements: capacity-building services to be delivered 
through both universal TA to States and LEAs and targeted TA to 
individual SASI grantees, key personnel, milestones, outputs, and 
outcome measures.
    (b) Develop and implement an effective personnel management system 
that enables the grantee to retain and efficiently obtain the services 
of practitioners, researchers, policy professionals, and other 
consultants with direct experience with school infrastructure at the 
Federal, State, and local levels.
    (c) Hire a project director capable of managing all aspects of the 
TA Center.
    (d) Within 90 days of receiving funding, demonstrate substantial 
progress in securing any needed subcontractors to assist with carrying 
out the proposed services.
    (e) Develop and maintain an NCSI clearinghouse website with an 
easy-to-navigate design that meets government or industry-recognized 
standards for accessibility, including 508 compliance.
    (f) Gather, organize, and make available school infrastructure data 
to support Federal policymaking, including through national surveys.
    (g) Assemble a Technical Assistance Advisory Committee consisting 
of subject matter experts, including State and LEA representatives, 
that will meet at least twice per year to work collaboratively on 
public school infrastructure improvement strategies and implementation 
practices.
    (h) Consolidate and disseminate resources and best practices on 
public school infrastructure, including resources and best practices 
available across Federal agencies, as a means of providing universal TA 
to States and LEAs. To meet this requirement, the grantee must conduct 
the following activities:

[[Page 36290]]

    (i) Consolidate and disseminate resources on topics related to 
public school infrastructure and sustainability, such as public school 
facilities planning, management, funding, and accountability; public 
school infrastructure improvements; tax credit or bond opportunities; 
regulations impacting infrastructure projects; facilities condition 
assessments and data management; the effects of education facilities on 
health, safety, equity, student achievement, and staff retention; 
environmental sustainability and climate resiliency; and potential 
cost-saving opportunities through procurement, resource efficiency, and 
preventative maintenance.
    (ii) Facilitate national communication related to school 
infrastructure, sustainability, and equitable access to adequate public 
school facilities.
    (iii) Consolidate and disseminate resources on topics uniquely 
impacting high-need LEAs or LEAs with demonstrated need in non-SASI 
States related to public school infrastructure and sustainability as 
needed.
    (i) Utilize subject matter experts as appropriate to increase 
knowledge on school facilities.
    (j) Develop regular (e.g., quarterly) communication and 
collaboration with SASI State entity grantees through mechanisms such 
as communities of practice or professional learning groups.
    (k) Provide targeted TA to SASI State entity grantees regarding 
public school infrastructure and sustainability topics, which must 
include the following activities:
    (i) Strengthen SASI State entity grantee understanding of Federal 
funding and tax credits available to support school infrastructure 
projects and financial planning and management, including the braiding 
of Federal, State, and local funds for school infrastructure.
    (ii) Increase SASI State entity grantee knowledge regarding 
regulations that impact federally funded infrastructure projects (e.g., 
Buy America, Build America Act and the National Historic Preservation 
Act of 1966).\12\
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    \12\ The Buy America, Build America Act can be found here: 
https://www.congress.gov/bill/117th-congress/senate-bill/1303. 
Information on the National Historic Preservation Act of 1966 can be 
found here: https://www.govinfo.gov/app/details/USCODE-2021-title16/USCODE-2021-title16-chap1A-subchapII-sec470.
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    (iii) Build SASI State entity grantee capacity to improve data and 
information management systems in order to better assess the condition 
of public school infrastructure in States.
    (iv) Build SASI State entity grantee capacity to leverage available 
resources to assess and make public school infrastructure improvements.
    (l) Provide other targeted TA to SASI State entity grantees and 
high-need LEAs regarding school infrastructure and sustainability 
topics, which may include the following activities:
    (i) Strengthen SASI State entity grantee and high-need LEA 
understanding of how education facilities affect health, safety, 
equity, and student achievement.
    (ii) Increase SASI State entity grantee and high-need LEA 
understanding of Federal, State, and local policies and practices 
related to public school facilities planning, management, funding, and 
accountability.
    (iii) Build SASI State entity grantee and high-need LEA capacity to 
identify and make public school infrastructure improvements that 
promote environmental sustainability and climate resiliency.
    (iv) Build SASI State entity grantee and high-need LEA capacity to 
identify cost-saving opportunities through procurement, resource 
efficiency, and preventative maintenance.
    (v) Build SASI State entity grantee and high-need LEA capacity to 
braid Federal, State, or local funds to support infrastructure 
projects.
    (vi) Support the use of built and natural environments as 
instructional tools and community centers (e.g., outdoor classrooms, 
school gardens, community charging stations, school as a learning tool, 
school-based health centers, or joint-use agreements).
    (vii) Develop resources and best practices on topics related to 
school infrastructure and sustainability.
    (m) Provide targeted TA related to school infrastructure and 
sustainability to States and LEAs with demonstrated need in non-SASI 
States as requested and resources permitting.
    Application Requirements: In their applications, applicants must 
meet the following requirements.
    (a) Describe how the center will implement its project services to 
provide TA, including a communication plan.
    (b) Demonstrate expertise and experience in the following areas:
    (i) School infrastructure research, data, information management 
systems, available resources (e.g., funding opportunities), and best 
practices.
    (ii) Research, data, available resources, and best practices on 
environmentally sustainable schools.
    (iii) Financial planning and management, including the braiding of 
Federal, State, and local funds for school infrastructure.
    (iv) Research, data, and best practices on equitable resource 
allocation, including ensuring equitable access to adequate school 
facilities that enable all students to succeed academically.
    (c) Describe the current research on capacity-building that will 
inform the applicant's capacity-building services, including how the 
applicant will promote self-sufficiency and longevity of State-led 
school improvement activities.
    (d) Describe the applicant's demonstrated experience in providing 
training, information, and support, to States, LEAs, schools, and 
organizations.
    (e) Present a proposed 5-year service plan. The proposed service 
plan must include, at a minimum, the following elements: capacity-
building services to be delivered through both universal TA to States 
and LEAs and targeted TA to individual SASI grantees, key personnel, 
milestones, outputs, and outcome measures.
    (f) Present a logic model informed by research or evaluation 
findings that demonstrates a rationale explaining how the project is 
likely to improve or achieve relevant and expected outcomes. The logic 
model must communicate how the project will achieve its expected 
outcomes (short-term, mid-term, and long-term) and provide a framework 
for both the formative and summative evaluations of the project 
consistent with the applicant's evaluation plan. Include a description 
of underlying concepts, assumptions, expectations, beliefs, and 
theories, as well as the relationships and linkages among these 
variables, and any empirical support for this framework.
    (g) Present a proposed evaluation plan that describes the criteria 
for determining which (1) milestones were met; (2) outputs were met; 
(3) recipient outcomes (i.e., short-term, mid-term, long-term) were 
met; and (4) capacity-building services were 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 ``demonstrates a 
rationale,'' ``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,'' ``SASI State entity 
grantee,'' ``State,'' and

[[Page 36291]]

``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 SASI applicants as a part of their 
application (the definition for funded SASI applicants will be 
finalized in consultation with the Department as part of the grant 
award process). The definition for funded SASI applicants must include 
a measure of poverty and a measure of capacity to fund school facility 
improvements. As applicable, SASI 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, or use the following definitions:
    (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 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 facilities 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.
    SASI State entity grantee means an agency of the State other than 
the SEA with authority or responsibility over public school facilities.
    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.
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools.
    Sustainable means practices, policies, programs, and systems that 
do not deplete or permanently damage fiscal or environmental resources, 
while maintaining social well-being.
    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, requirements, and 
definitions. 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 (20 U.S.C. 7281) and therefore 
qualifies for this exemption. In order to ensure timely grant awards, 
the Secretary has decided to forgo public comment on the priority, 
requirements, and definitions under section 437(d)(1) of GEPA. This 
priority, requirements, and definitions will apply to the FY 2023 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applications from this competition.
    Program Authority: Section 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.
    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

[[Page 36292]]

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.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Cooperative agreement.
    Estimated Available Funds: $2,000,000 annually.
    Maximum Award: We will not make an award exceeding $2,000,000 for a 
single budget period of 12 months.
    Estimated Number of Awards: 1.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: Research organizations, institutions, 
agencies, or consortia of such entities, with the demonstrated ability 
or capacity to carry out the activities described.
    2. a. 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. 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. 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 NCSI 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 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.
    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 that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name and a contact person's name 
and email address. 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 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.
    The selection criteria are as follows:
    (a) 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 10 points).
    (ii) The extent to which there is a conceptual framework underlying 
the proposed research or demonstration activities and the quality of 
that framework (up to 10 points).
    (iii) The extent to which performance feedback and continuous 
improvement are integral to the design of the proposed project (up to 
10 points).
    (b) Quality of project services (up to 35 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

[[Page 36293]]

members of groups that have traditionally been underrepresented based 
on race, color, national origin, gender, age, or disability (up to 5 
points).
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services (up to 10 points).
    (ii) The extent to which the services to be provided by the 
proposed project reflect up-to-date knowledge from research and 
effective practice (up to 5 points).
    (iii) 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 15 points).
    (c) Quality of project personnel (up to 10 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 5 points).
    (3) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel 
(up to 5 points).
    (d) Quality of the management plan (up to 20 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 following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 5 points).
    (ii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project (up to 
2 points).
    (iii) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project (up to 8 points).
    (iv) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 5 points).
    (e) Quality of the 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

[[Page 36294]]

requirements in the Applicable Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to 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 NCSI program:
    (a) The percentage of SASI State entity grantees and high-need LEAs 
reporting the following:
    (1) NCSI resources were useful and applicable to their work as 
evidenced.
    (2) The TA provided by the NCSI resulted in changes in policies or 
practices.
    (3) Satisfaction with the quality, usefulness, and relevance of TA 
provided by the NCSI.
    (b) The percentage of other States and LEAs reporting the 
following:
    (1) NCSI resources were useful and applicable to their work as 
evidenced.
    (2) The TA provided by the NCSI resulted in changes in policies or 
practices.
    (3) Satisfaction with the quality, usefulness, and relevance of TA 
provided by the NCSI.
    (c) The number of times that NSCI provided direct TA to the 
following:
    (1) A SASI grantee or high-need LEA in a SASI grantee State.
    (2) A non-SASI grantee State or LEA in a non-SASI grantee State 
seeking TA.
    (c) The extent to which the NCSI provided services and products to 
a wide range of recipients.
    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. 2023-11790 Filed 6-1-23; 8:45 am]
BILLING CODE 4000-01-P