[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83106-83112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26216]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Indian Education Discretionary 
Grants Programs--Native American Language Program

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

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2024 for Indian Education 
Discretionary Grants Programs--Native American Language (NAL@ED) 
program, Assistance Listing Number (ALN) 84.415B. This notice relates 
to the approved information collection under OMB control number 1810-
0731.

DATES: 
    Applications Available: November 28, 2023.
    Deadline for Notice of Intent to Apply: January 17, 2024.
    Date of Pre-Application Meeting: December 26, 2023.
    Deadline for Transmittal of Applications: March 7, 2024.
    Deadline for Intergovernmental Review: May 6, 2024.

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 
www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs.

FOR FURTHER INFORMATION CONTACT: Donna Sabis-Burns, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4B116, Washington, DC 20202-
6335. Telephone: (202) 213-9014. 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 purposes of this program are to (1) support 
schools that use Native American and Alaska Native languages as the 
primary language of instruction; (2) maintain, protect, and promote the 
rights and freedom of Native Americans and Alaska Natives to use, 
practice, maintain, and revitalize their languages, as envisioned in 
the Native American Languages Act of 1990 (25 U.S.C. 2901, et seq.); 
and (3) support the Nation's First Peoples' efforts to maintain and 
revitalize their languages and cultures, and to improve educational 
opportunities and student outcomes within Native American and Alaska 
Native communities.
    Background: The Department encourages applicants to propose a broad 
range of activities to achieve these purposes, including activities 
that are aligned with the Administration's policy focus areas and with 
the needs described by Tribal leaders and the education field during 
the March 17, 2022, Department-sponsored listening session, ``Advancing 
the Interagency Memorandum of Agreement on Native Languages: Promising 
Practices and

[[Page 83107]]

Persistent Barriers.'' Specifically, we encourage promoting education 
equity and adequacy in resources and opportunity for underserved 
students, including rigorous, engaging, and well-rounded approaches to 
learning that are inclusive regarding culture and language and prepare 
students for college, career, and civic life. Activities that support 
Native American language education and development include implementing 
inclusive pedagogical practices in professional development programs; 
using technology to support evidence-based approaches to personalized 
student learning in the classroom; and increasing the number and 
diversity of experienced and effective educators, including those from 
the community they serve.
    In addition, the Department intends for the NAL@ED program to have 
a broad impact in three ways. First, the Department will fund only one 
high-quality project per Native language under this competition, 
provided there are enough high-quality applications. This is consistent 
with the statutory requirement that the Department ensure a diversity 
of languages are represented to the maximum extent feasible. Second, in 
addition to soliciting applications from existing Native language 
instructional programs (Absolute Priority 2), the Department is 
soliciting applications supporting new Native language instructional 
programs via Absolute Priority 1. Third, the Department will not 
exclusively fund applicants from a single State, provided there is a 
sufficient number of high-quality applications (Program Requirement 3). 
This approach will help ensure the program has a broad impact by 
funding projects supporting a variety of Native languages.
    Priorities: This competition includes two absolute priorities and 
two competitive preference priorities. These priorities are from the 
notice of final priorities, requirements, definitions, and selection 
criteria for this program published in the Federal Register on July 14, 
2020 (85 FR 42305) (NFP).
    Absolute Priorities: For FY 2024 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 either Absolute 
Priority 1 or 2.
    Note: The Department may create two funding slates--one for 
applications that meet Absolute Priority 1 and a separate slate for 
applications that meet Absolute Priority 2. As a result, the Secretary 
may fund applications out of the overall rank order, but the Department 
is not bound to do so. Applicants must clearly identify the specific 
absolute priority that the proposed project addresses in the project 
abstract section of the application.
    These priorities are:
    Absolute Priority 1: Develop and Maintain New Native American 
Language Programs.
    To meet this priority, an applicant must propose to develop and 
maintain a Native American language instructional program that--
    (a) Will support Native American language education and development 
for Native American students, as well as provide professional 
development for teachers and, as appropriate, staff and administrators, 
to strengthen the overall language and academic goals of the school or 
schools that will be served by the project;
    (b) Will take place in a school; and
    (c) Does not augment or replace a program of identical scope that 
was active within the last three years at the school(s) to be served.
    Absolute Priority 2: Expand and Improve Existing Native American 
Language Programs.
    To meet this priority, an applicant must propose to improve and 
expand a Native American language instructional program that--
    (a) Will improve and expand Native American language education and 
development for Native American students, as well as provide 
professional development for teachers and, as appropriate, staff and 
administrators, to strengthen the overall language and academic goals 
of the school or schools that will be served by the project;
    (b) Will continue to take place in a school; and
    (c) Within the past three years has been offered at the school(s) 
to be served.
    Competitive Preference Priorities: For FY 2024 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 7 
points to an application, depending on how well an application meets 
Competitive Preference Priority 1, and we award an additional 5 points 
to an application that meets Competitive Preference Priority 2. The 
maximum number of competitive preference priority points is 12.
    These priorities are:
    Competitive Preference Priority 1: Support Project Sustainability 
With Title VI Indian Education Formula Grant Funds. (Up to 7 points).
    To meet this priority, an applicant or a partner must receive, or 
be eligible to receive, a formula grant under title VI of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA), and 
must commit to use all or part of that formula grant to help sustain 
this project after the conclusion of the grant period. To meet this 
priority, an applicant must include in its application--
    (a) A statement that indicates the school year in which the entity 
will begin using title VI formula grant funds to help support this 
project;
    (b) The percentage of the title VI grant that will be used for the 
project, which must be at least--
    (i) 20 percent of the applicant's title VI formula grant (3 
points);
    (ii) 40 percent of the applicant's title VI formula grant (4 
points);
    (iii) 60 percent of the applicant's title VI formula grant (5 
points);
    (iv) 80 percent of the applicant's title VI formula grant (6 
points); or
    (v) 100 percent of the applicant's title VI formula grant (7 
points); and
    (c) The timeline for obtaining parent committee input and approval 
of this action, if necessary.
    Competitive Preference Priority 2: Preference for Indian 
Applicants. (0 or 5 points).
    To meet this priority, an application must be submitted by an 
Indian Tribe, Indian organization, Bureau of Indian Education (BIE)-
funded school, or Tribal College or University (TCU) that is eligible 
to participate in the NAL@ED program. A consortium of eligible entities 
that meets the requirements of 34 CFR 75.127 through 75.129 and 
includes an Indian Tribe, Indian organization, BIE-funded school, or 
TCU will also be considered eligible to meet this priority. In order to 
be considered a consortium application, the application must include 
the consortium agreement signed by all parties.
    Note: The consortium agreement must state that the members 
designate one member of the group to apply for the grant, detail the 
activities that each member of the group plans to perform, and bind 
each member of the group to every statement and assurance made by the 
applicant in the application (34 CFR 75.128(a) and (b)).
    Application Requirements: These application requirements are from 
section 6133(c) of the ESEA (20 U.S.C. 7453) and from the NFP. For FY 
2024 and any subsequent year in which we make awards from the list of 
unfunded applications from this competition, applicants must meet the 
following application requirements.

[[Page 83108]]

    (1) General Requirements. An applicant must include the following 
information in its application--
    (a) A completed information form that includes:
    (i) Instructional language. The name of the Native American or 
Alaska Native language to be used for instruction at the school(s) 
supported by the eligible entity.
    (ii) Students to be served. The number of students to be served by 
the project and the grade level(s) of targeted students in the proposed 
project.
    (iii) Instructional hours. The number of hours of instruction per 
week in and through one or more Native American or Alaska Native 
languages currently being provided to targeted students at such 
school(s), if any.
    (iv) Pre- and post-assessments. Whether a pre- and post-assessment 
of Native American language proficiency is available and, if not, the 
percentage of grant funds that will be used for developing such 
assessment.
    (v) Program description. A description of how the eligible entity 
will support Native American language education and development, and 
provide professional development for staff, in order to strengthen the 
overall language and academic goals of the school(s) that will be 
served by the project; ensure the implementation of rigorous academic 
content that prepares all students for college and career; and ensure 
that students progress toward meeting high-level fluency goals in the 
Native American language.
    (vi) Organizational information. For each school included in the 
project, information regarding the school's organizational governance 
or affiliations, including information about the school's governing 
entity (such as a local educational agency (LEA), Tribal educational 
agency or department, charter organization, private organization, or 
other governing entity); the school's accreditation status; any 
partnerships with institutions of higher education (IHEs); and any 
indigenous language schooling and research cooperatives.
    (b) An assurance that for each school to be included in the 
project--
    (i) The school is engaged in meeting State or Tribally designated 
long-term goals for students, as may be required by applicable Federal, 
State, or Tribal law;
    (ii) The school provides assessments of students using the Native 
American or Alaska Native language of instruction, where possible;
    (iii) The qualifications of all instructional and leadership 
personnel at such school are sufficient to deliver high-quality 
education through the Native American or Alaska Native language used in 
the school; and
    (iv) The school will collect and report to the public data relative 
to student achievement and, if appropriate, rates of high school 
graduation, career readiness, and enrollment in postsecondary education 
or workforce development programs, of students who are enrolled in the 
school's programs.
    (2) Memorandum of Agreement. Any applicant that proposes to work 
with a partner to carry out the proposed project must include a signed 
and dated memorandum of agreement that describes the roles and 
responsibilities of each partner to participate in the grant, 
including--
    (a) A description of how each partner will implement the project 
according to the timelines described in the grant application;
    (b) The roles and responsibilities of each partner related to 
ensuring the data necessary to report on the Government Performance and 
Results Act (GPRA) indicators; \1\ and
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    \1\ The Department notes that such reporting will be required in 
connection with the performance measurement requirements under 34 
CFR 75.110, rather than indicators under GPRA. For further 
information, see section 4 (Performance Measures) under VI. Award 
Administration Information.
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    (c) The roles and responsibilities of each partner related to 
ensuring that Native American language instructors can be recruited, 
retained, and trained, as appropriate, in a timely manner.
    This memorandum of agreement must be signed no more than four 
months prior to the application deadline (i.e., the agreement must be 
signed within the four months prior to the application deadline).
    (3) Applicant Engagement with Indian Tribes and Tribal 
Organizations. All non-Tribal applicants must engage with appropriate 
officials from Tribe(s) located in the area served by the project, or 
with a local Tribal organization, prior to submission of an 
application. The engagement must provide for the opportunity for 
officials from Tribes or Tribal organizations to meaningfully and 
substantively contribute to the application. Non-Tribal applicants must 
submit evidence of either Tribal engagement or a letter of support from 
one or more Tribes or Tribal organizations. This evidence can be part 
of the memorandum of agreement required by Application Requirement 2 or 
can be uploaded as a separate attachment.
    Note: If an applicant is an affected LEA that is subject to ESEA 
section 8538, then the LEA is required to consult with appropriate 
officials from Tribe(s) or Tribal organizations approved by the Tribes 
located in the area served by the LEA prior to its submission of an 
application, on the contents of the application as required under ESEA 
section 8538. Affected LEAs are those that have 50 percent or more of 
their student enrollment made up of Native American students or 
received an Indian education formula grant under title VI of the ESEA 
in the previous fiscal year that exceeds $40,000. (ESEA sec. 8538)
    (4) Certification. An applicant that is an LEA (including a public 
charter school that is an LEA under State law), a school operated by 
the BIE, or a nontribal for-profit or nonprofit organization must 
submit a certification from an entity described in application 
requirement (4)(a), containing the assurances described in application 
requirement (4)(b).
    (a) The certification must be from one of the following entities, 
on whose land the school or program is located, or that is an entity 
served by the school, or whose members (as defined by that entity) are 
served by the school:
    (i) A federally recognized Indian Tribe or Tribal organization.
    (ii) A TCU.
    (iii) An Alaska Native Regional Corporation or an Alaska Native 
nonprofit organization.
    (iv) A Native Hawaiian organization.
    (b) The certification must state that--
    (i) The school or applicant organization has the capacity to 
provide education primarily through a Native American or an Alaska 
Native language; and
    (ii) There are sufficient speakers of the target language at the 
school or available to be hired by the school or applicant 
organization.
    Program Requirements: For FY 2024 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, grantees must adhere to the following program 
requirements:
    (1) Native American Language Proficiency Assessment. Grantees must 
administer pre- and post-assessments of Native American language 
proficiency to participating students. This Native American language 
assessment may be any relevant tool that measures student Native 
American language proficiency, such as oral, written, or project-based 
assessments, and formative or summative assessments.
    (2) Diversity of Languages. To ensure a diversity of languages as 
required by statute, the Department will not fund more than one project 
in any competition year that proposes to use the same Native American 
language, assuming there are enough high-quality

[[Page 83109]]

applications. In the event of a lack of high-quality applications in 
one competition year, the Department may choose to fund more than one 
project with the same Native American language.
    (3) Geographic Distribution. To ensure geographic diversity, 
assuming there are enough high-quality applications, the Department 
will not exclusively fund projects that all propose to serve students 
in the same State in any competition year. In the event of a lack of 
high-quality applications in one competition year, the Department may 
choose to fund only applications that propose to provide services in 
one State.
    (4) ISDEAA Statutory Hiring Preference:
    (a) Awards that are primarily for the benefit of Indians are 
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (ISDEAA) (Pub. L. 93-638). 
That section requires that, to the greatest extent feasible, a 
grantee--
    (1) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452(e)), preference in the award of contracts in 
connection with the administration of the grant. (25 U.S.C. 5307(b))
    (b) For purposes of this section, an Indian is a member of any 
federally recognized Indian Tribe.
    Definitions: The definitions of ``Indian organization (or Tribal 
organization)'' and ``Tribe'' are from the NFP. The definitions of 
``Native American,'' ``Native American language,'' and ``Tribal college 
or university'' are from the ESEA. The specific sections of the ESEA 
are included in parentheticals.
    Indian organization (or Tribal organization) means an organization 
that--
    (1) Is legally established--
    (i) By Tribal or inter-Tribal charter or in accordance with State 
or Tribal law; and
    (ii) With appropriate constitution, bylaws, or articles of 
incorporation;
    (2) Includes in its purposes the promotion of the education of 
Indians;
    (3) Is controlled by a governing board, the majority of which is 
Indian;
    (4) If located on an Indian reservation, operates with the sanction 
of or by charter from the governing body of that reservation;
    (5) Is neither an organization or subdivision of, nor under the 
direct control of, any IHE or TCU; and
    (6) Is not an agency of State or local government.
    Native American means:
    (1) ``Indian'' as defined in section 6151(3) of the ESEA (20 U.S.C. 
7491(3)), which includes individuals who are Alaska Natives and members 
of federally recognized or State recognized Tribes;
    (2) Native Hawaiian; or
    (3) Native American Pacific Islander. (ESEA secs. 6151(3) and 
8101(34))
    Native American language means the historical, traditional 
languages spoken by Native Americans. (ESEA sec. 8101(34))
    Tribal college or university means an institution that--
    (1) Qualifies for funding under the Tribally Controlled Colleges 
and Universities Assistance Act of 1978 (25 U.S.C. 1801, et seq.) or 
the Navajo Community College Act (25 U.S.C. 640a note); or
    (2) Is cited in section 532 of the Equity in Educational Land-Grant 
Status Act of 1994 (7 U.S.C. 301 note). (ESEA sec. 6133 and section 316 
of the Higher Education Act of 1965, as amended)
    Tribe means either a federally recognized Tribe or a State-
recognized Tribe.
    Program Authority: 20 U.S.C. 7453.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in the 
Federal civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 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. (d) The NFP.
    Note: The open licensing requirement in 2 CFR 3474.20 does not 
apply to this program.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to IHEs only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration requested $12,365,000 
for Indian Education National Activities for FY 2024, of which we 
intend to use an estimated $2,400,000 for this competition. The actual 
level of funding, if any, depends on final congressional action. 
However, we are inviting applications to allow enough time to complete 
the grant process if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2024 and subsequent 
years from the list of unfunded applications from this competition.
    Estimated Range of Awards: $300,000-$400,000.
    Estimated Average Size of Awards: $350,000.
    Estimated Number of Awards: 4.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities, either alone or in 
a consortium, that have a plan to develop and maintain, or to improve 
and expand, programs that support the entity's use of a Native American 
or Alaska Native language as the primary language of instruction in one 
or more elementary or secondary schools (or both) are eligible under 
this program:
    (a) An Indian Tribe.
    (b) A Tribal College or University (TCU).
    (c) A Tribal education agency.
    (d) An LEA, including a public charter school that is an LEA under 
State law.
    (e) A school operated by the Bureau of Indian Education (BIE).
    (f) An Alaska Native Regional Corporation (as described in section 
3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))).
    (g) A private, Tribal, or Alaska Native nonprofit organization.
    (h) A non-Tribal for-profit organization.
    2. a. Cost Sharing or Matching: This competition 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: Under ESEA section 6133(g), no 
more than five percent of funds awarded for a grant under this program 
may be used for administrative purposes. Note that, since fiscal year 
2020, Congress has included language in appropriations

[[Page 83110]]

acts to clarify that the statutory 5 percent limit does not include 
indirect costs. In the event such language is not included in the FY 
2024 appropriations act, the Department will work with successful 
applicants to make budget adjustments to align with administrative cost 
restrictions, if necessary.
    3. Other: Projects funded under this competition must budget for a 
two-day Project Directors' meeting in Washington, DC, during each year 
of the project period. This meeting may be held virtually if conditions 
warrant such a format.

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.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for this competition, 
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 by posting them on our website, 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 competition 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 
competition.
    4. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 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, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    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, the letter(s) of support, or the signed consortium 
agreement. However, the recommended page limit does apply to all of the 
application narrative. An application will not be disqualified if it 
exceeds the recommended page limit.
    5. 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 the NFP and 34 CFR 75.210. The source of each selection 
criterion, and the maximum possible score for addressing each criterion 
and subcriterion, is included in parentheses. The maximum possible 
score for addressing all of the criteria in this section is 100 points.
    In evaluating an application, the Secretary considers the following 
criteria:
    (a) Quality of the project design (32 points).
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable. 
(9 points) (34 CFR 75.210(c)(2)(i))
    (2) The extent to which the project design will ensure that 
students' progress toward grade-level and developmentally appropriate 
fluency in the Native American language. (6 points) (NFP)
    (3) The extent to which the proposed project will incorporate 
parent engagement and participation in Native American language 
instruction. (6 points) (NFP)
    (4) The quality of the approach to developing and administering 
pre- and post-assessments of student Native American language 
proficiency, including consultation with individuals with assessment 
expertise, as needed. (6 points) (NFP)
    (5) The extent to which the performance feedback and continuous 
improvement are integral to the design of the proposed project. (5 
points) (34 CFR 75.210 (c)(2)(xxi))
    (b) Quality of project services (29 points). The Secretary 
considers the quality of the services to be provided by the proposed 
project. In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the following factors:
    (1) 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. (1 point) (34 CFR 
75.210(d)(2))
    (2) The quality of the plan for supporting grade-level and 
developmentally appropriate instruction in a Native American language 
by providing instruction of or through the Native American language. 
(11 points) (NFP)
    (3) The extent to which the project will provide professional 
development for teachers and, as appropriate, staff and administrators 
to strengthen the overall language proficiency and academic goals of 
the school(s) that will be served by the project, including

[[Page 83111]]

cultural competence training for all staff in the school(s). (10 
points) (NFP)
    (4) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services. (4 points) (34 CFR 
75.210(d)(3)(ix))
    (5) The extent to which the percentage of the school day that 
instruction will be provided in the Native American language is 
ambitious and is reasonable for the grade level and population served. 
(3 points) (NFP)
    (c) Quality of project personnel (16 points).
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the Secretary considers:
    (1) 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. (1 point) (NFP)
    (2) The extent to which teachers of the Native American language 
who are identified as staff for this project have teaching experience 
and are fluent in the Native American language. (9 points) (NFP)
    (3) The qualifications, including relevant training and experience, 
of key project personnel. (6 points) (34 CFR 75.210(e)(3)(ii))
    (d) Adequacy of resources (10 points).
    The Secretary considers the adequacy of resources for the proposed 
project. In determining the adequacy of resources for the proposed 
project, the Secretary considers:
    (1) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project. 
(6 points) (34 CFR 75.210(f)(2)(iv))
    (2) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support. (4 points) (34 CFR 
75.210(f)(2)(vi))
    (e) Quality of the management plan (13 points).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers:
    (1) 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. (8 points) (34 CFR 75.210(g)(2)(i))
    (2) 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. (5 points) (34 CFR 75.210(g)(2)(iv))
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this program, the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management (SAM). 
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 will 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

[[Page 83112]]

GAN also incorporates your approved application as part of your binding 
commitments under the grant.
    3. 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.
    4. Performance Measures: For the purpose of Department reporting 
under 34 CFR 75.110, we have established the following performance 
measures for the NAL@ED program:
    (a) The number and percentage of students who attain proficiency in 
a Native language as determined by each grantee through pre- and post-
assessments of Native language proficiency;
    (b) The number and percentage of participating students who make 
progress in learning a Native language, as determined by each grantee, 
through pre- and post-assessments of Native language proficiency;
    (c) The number and percentage of participating students who show an 
improvement in academic outcomes, as measured by academic assessments 
or other indicators; and
    (d) The difference between the average daily attendance of 
participating students and the average daily attendance of all students 
in the comparison group (e.g., school, LEA, Tribe, or other).
    These measures constitute the Department's indicators of success 
for this program. Consequently, we advise an applicant for a grant 
under this program to carefully consider these measures in 
conceptualizing the approach to, and evaluation for, its proposed 
project. Each grantee will be required to provide, in its annual 
performance and final reports, data about its progress in meeting these 
measures.
    5. 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.

Adam Schott,
Deputy Assistant Secretary for Policy and Programs, Delegated the 
Authority To Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2023-26216 Filed 11-27-23; 8:45 am]
BILLING CODE 4000-01-P