[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23514-23518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07131]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[ED-2024-OPE-0002]


Augustus F. Hawkins Centers of Excellence Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final priorities, requirements, and definition.

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SUMMARY: The Department of Education (Department) issues priorities, 
requirements, and definition for use in the Augustus F. Hawkins Centers 
of Excellence (Hawkins) Program, Assistance Listing Number 84.428A. The 
Department may use one or more of these priorities, requirements, and 
definition for competitions in fiscal year (FY) 2024 and later years. 
We intend for these priorities, requirements, and definition to help 
increase the number of, and retain, well-prepared teachers from diverse 
backgrounds, resulting in a more diverse teacher workforce prepared to 
teach in our Nation's underserved elementary and secondary schools and 
close student opportunity and achievement gaps.

DATES: These priorities, requirements, and definition are effective May 
6, 2024.

FOR FURTHER INFORMATION CONTACT: Dr. Vicki Robinson, U.S. Department of 
Education, 400 Maryland Avenue SW, 5th floor, Washington, DC 20202. 
Telephone: (202) 453-7907. Email: [email protected]. You may also 
contact Ashley Hillary, U.S. Department of Education, 400 Maryland 
Avenue SW, 5th floor, Washington, DC 20202. Telephone: (202) 453-7880. 
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: 
    Purpose of Program: The Hawkins Program, authorized under Part B of 
Title II of the Higher Education Act of 1965, as amended (HEA), is 
designed to support comprehensive, high-quality State-accredited 
teacher preparation programs by creating centers of excellence at 
Historically Black Colleges and Universities (HBCUs); Tribal Colleges 
or Universities (TCUs); or Minority Serving Institutions (MSIs), such 
as Hispanic-Serving Institutions (HSIs). The Hawkins Program will help 
increase the number of, and retain, well-prepared teachers from diverse 
backgrounds, resulting in a more diverse teacher workforce prepared to 
teach in our Nation's most-underserved elementary and secondary schools 
and close student opportunity and achievement gaps. This program 
focuses on the various aspects of the teacher preparation pipeline, 
including the recruitment, preparation, support, placement, retention 
and retraining of teachers for and in under-resourced schools to 
support underserved students. Through this program, the Secretary seeks 
to fund applicants that propose to incorporate evidence-based practices 
into their teacher preparation program.
    Program Authority: 20 U.S.C. 1033-1033a.
    We published a notice of proposed priorities, requirements, and 
definition in the Federal Register on February 1, 2024 (89 FR 6470) 
(NPP). That document contained background information and the 
Department's reasons for proposing the particular priorities, 
requirements, and definition. There are no substantive differences 
between the proposed priorities, requirements, and definition and these 
final priorities, requirements, and definition.
    Public Comment: In response to our invitation in the NPP, six 
parties submitted comments on the proposed priorities, requirements, 
and definition. Generally, we do not address technical and other minor 
changes, or suggested changes that the law does not authorize us to 
make under applicable statutory authority. In addition, we do not 
address general comments that raised concerns not directly related to 
the proposed priorities, requirements, or definition.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities, requirements, and definition since 
publication of the NPP follows.

General Comments

    Comments: Two commenters expressed support for components from 
several of the proposed priorities, including the emphasis on evidence-
based components of teacher preparation programs, the focus on clinical 
experiences and high-quality mentoring, the support for teacher 
candidates serving in schools in roles that assist students and 
teachers, the recognition that the retention and preparation of teacher 
candidates from diverse backgrounds benefits all students, and the use 
of HBCUs, TCUs, and MSIs to prepare teachers. One commenter expressed 
support for the definition of ``pre-service.''
    Discussion: We appreciate the support of the priorities and the 
definition.
    Changes: None.

[[Page 23515]]

    Comments: One commenter asked us to expand Priority 2 to include 
teacher candidates with disabilities.
    Discussion: Priority 2 is designed to increase teacher diversity by 
supporting teacher candidates from backgrounds that are 
underrepresented in the profession, which could include teacher 
candidates with disabilities. Applicants under this priority are asked 
for a plan to identify, support, and promote the retention of teacher 
candidates ``from backgrounds that are underrepresented in the 
profession.'' While teacher candidates of color are mentioned as one 
such population of individuals underrepresented within the teaching 
profession, under this priority, applicants may propose to serve 
individuals from other underrepresented populations, including but not 
limited to teacher candidates with disabilities. This is consistent 
with the authorizing statute for this program, which incorporates as an 
allowable use of funds ``consideration of individuals from 
underrepresented populations in the teaching profession.'' 20 U.S.C. 
1022a(e)(2)(a)(vi)(II).
    Changes: None.
    Comments: One commenter asked that we include a priority to support 
early childhood multilingual teacher preparation pathways.
    Discussion: We agree that there is a need for supports for 
bilingual and multilingual teachers, including for early learners. 
Priority 3 is designed to expand the number of bilingual and 
multilingual teachers with full teacher certification. For purposes of 
this grant program, this priority is focused on increasing the number 
of teachers across elementary and secondary schools who are fully 
certified to provide academic language instruction in a language other 
than English, including for English Learners (ELs), because of the 
focus within 20 U.S.C. 1033a(b)(2) on teacher preparation for 
elementary and secondary schools. While we are not including it as a 
priority, projects to support pathways for early childhood teachers 
would be permitted under this program.
    Changes: None.
    Comments: One commenter contended that the Hawkins grant program 
overall is discriminatory.
    Discussion: We disagree with the commenter. The program does not 
discriminate against any group. The authorizing statute for this 
program incorporates as an allowable use of funds ``consideration of 
individuals from underrepresented populations in the teaching 
profession.'' 20 U.S.C. 1022a(e)(2)(a)(vi)(II). As such, Priority 2 is 
designed to increase the number of well-prepared teachers and the 
diversity of the teacher workforce by seeking supports for teacher 
candidates and teachers from backgrounds that are underrepresented in 
the profession. In addressing this priority, applicants will be able to 
identify specific populations that are underrepresented in the teaching 
profession across a range of characteristics, and the priority language 
does not prohibit teacher candidates who are not from underrepresented 
populations from participating in the project.
    Changes: None.
    Comments: One commenter expressed concerns with linking closure of 
the achievement gap to teacher diversity.
    Discussion: The statutory purpose of the Hawkins grant program is 
to support teacher preparation programs that ``prepare teachers to 
serve in low-performing schools and close student achievement gaps.'' 
20 U.S.C. 1033a(b)(1)(B)(i). We believe, based on current research, 
that increasing the number of well-prepared teachers from diverse 
backgrounds is one factor that can contribute to the success of 
students. Research shows that teachers of color benefit all students 
and can have a significant positive impact on students of color,\1\ 
including higher levels of student achievement.\2\ Additionally, as we 
discussed in the NPP, and as the commenter recognizes, there are 
numerous reasons students benefit from a diverse teacher workforce.
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    \1\ Dee, T. (2004). Teachers, race and student achievement in a 
randomized experiment. The Review of Economics and Statistics, 
86(1), 195-210; Gershenson, S., Hart, C.M.D., Lindsay, C.A., & 
Papageorge, N.W. (2017). The long-run impacts of same race teachers. 
Bonn, Germany: IZA Institute of Labor Economics. Discussion Paper 
Series
    \2\ Egalite, A., Kisida, B., & Winters, M.A. Representation in 
the classroom: The effect of own-race teachers on student 
achievement, Economics of Education Review, 45 (April 2015), 44-52.
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    Changes: None.

Final Priorities

    The Secretary establishes the following priorities for use in the 
Hawkins Program.
    Priority 1: Increase Evidence-Based, Comprehensive Pre-service 
Clinical Experiences Through Teacher Preparation Programs.
    Under this priority, an eligible applicant must propose projects 
that are evidence-based (as defined in 34 CFR 77.1) comprehensive 
teacher preparation programs that provide extensive clinical 
experience. Applicants with existing programs must describe their 
record in graduating highly skilled, well-prepared, and diverse 
teachers and describe how the proposed project will refine or enhance 
existing programs. Applicants proposing new programs must describe how 
their new program is evidence-based and designed to achieve the 
intended outcomes of the Hawkins Program. Applicants must also address 
how they will--
    (a) Examine the sources of inequity and inadequacy in resources and 
opportunity and implement pedagogical practices in teacher preparation 
programs that are inclusive with regard to race, ethnicity, culture, 
language, gender, and disability status and that prepare teachers to 
create inclusive, supportive, equitable, unbiased, and identity-safe 
learning environments for their students;
    (b) Prepare teacher candidates to integrate rigorous academic 
content, including through the effective use of technology, and 
instructional techniques and strategies consistent with universal 
design for learning principles;
    (c) Prepare teacher candidates to design and deliver instruction in 
ways that are engaging and provide their students with opportunities to 
think critically and solve complex problems, apply learning in 
authentic and real-world settings, communicate and collaborate 
effectively, and develop growth mindsets. Teacher candidate pedagogy 
should include how to incorporate project-based, work-based, or other 
experiential learning opportunities in curriculum development;
    (d) Prepare teacher candidates to build meaningful and trusting 
relationships with students and their families to support in-home, 
community-based, and in-school learning; and
    (e) Provide sustained and high-quality pre-service clinical 
experiences, including teaching assistant initiatives, that facilitate 
the pathway to the teaching credential for those with paraprofessional 
experience or high-quality school leader pre-service training, 
induction, and support in the first three years of school leadership 
for principals and other school leaders. In designing such experiences, 
applicants must consider opportunities to provide pre-service clinical 
experience earlier in the teacher preparation program, as is 
practicable, and in ways that benefit students and teachers. These 
clinical experiences must be designed to--
    (1) Integrate pedagogy and classroom practice and promote effective 
teaching skills in academic content areas;

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    (2) Be tightly aligned with course work with clear, relevant, and 
strong links between theory and practice;
    (3) Group teacher candidates in cohorts to facilitate reflection of 
practice and professional collaboration;
    (4) Closely supervise interaction between teacher candidates and 
faculty, experienced teachers, principals, and other administrators in 
high-need schools or hard-to-staff schools; and
    (5) Provide high-quality-teacher mentoring.
    Priority 2: Projects that are Designed to Increase and Retain the 
Number of Well-Prepared Teachers from Diverse Backgrounds.
    Under this priority, applicants must propose projects that are 
designed to increase the number of well-prepared teachers and the 
diversity of the teacher workforce with a focus on increasing and 
retaining a diverse teacher workforce, and improving the preparation, 
recruitment, retention, and placement of such teachers.
    Applicants addressing this priority must describe--
    (a) How their project will integrate multiple services or 
initiatives across academic and student affairs, such as academic 
advising, counseling, stipends, child-care, structured/guided pathways 
from teacher candidates' first year in the preparation program through 
successful employment placement, career services, or student financial 
aid, such as scholarships, with the goal of increasing program 
completion and credential attainment;
    (b) Their plan for identifying and supporting teacher candidates 
from backgrounds that are underrepresented in the profession, including 
teacher candidates of color. This plan must span the beginning of the 
preparation program through graduation, and include a plan to improve 
program entry rates, as applicable, graduation rates, passage rates for 
certification and licensure exams, and rates of successful employment 
placement between teacher candidate subgroups and an institution's 
overall teacher candidate population; and
    (c) Their proposed initiatives to promote the retention of teachers 
from backgrounds that are underrepresented in the profession, including 
teachers of color, prepared through the program, which may include 
induction programs, such as teacher or school leader induction 
programs, or mentorship programs that provide school and district 
leaders with the support they need to persist in their professions.
    Priority 3--Increasing the Number of Bilingual and/or Multilingual 
Teachers with Full Certification.
    Under this priority, applicants must propose projects that are 
designed to prepare effective and experienced bilingual and/or 
multilingual teachers for high-need schools by increasing the number of 
teachers across elementary and secondary schools who are fully 
certified to provide academic language instruction in a language other 
than English, including for English Learners (ELs). These projects must 
prepare teacher candidates to lead students toward linguistic fluency 
and academic achievement in more than one language. Applicants must 
describe--
    (a) How their project will integrate multiple services or 
initiatives across academic and student affairs, such as academic 
advising, counseling, stipends, child-care, structured/guided pathways 
from teacher candidates' first year in the preparation program through 
successful employment placement, career services, or student financial 
aid, such as scholarships, and provide the necessary knowledge and 
skills so that teacher candidates can serve students from many 
different language backgrounds; and
    (b) Their plan for recruiting, supporting, and retaining bilingual 
and/or multilingual teacher candidates, including those who may have a 
teaching credential but have not been teaching in bilingual and/or 
multilingual education settings; aspiring teachers; and teaching 
assistants who are interested in becoming bilingual and/or multilingual 
teachers.

Types of Priorities

    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Final Requirements

    The Secretary establishes the following requirements for use in the 
Hawkins Program.
    Requirement 1--Draft Written Agreement with Clinical Practice 
Partner(s). An applicant must provide a Draft Written Agreement (DWA) 
that identifies the partnership between: (1) at least one eligible IHE 
with a State accredited teacher preparation program, and (2) a high-
need local educational agency (LEA) or consortium of high-need LEAs, or 
with a high-need school or consortium of high-need schools. The 
agreement with partners is intended to ensure that the parties joining 
the project are committed to fulfilling the purpose of the clinical 
practice by either creating new partnerships or expanding existing 
partnerships, and that teacher candidates will not become the teacher 
of record prior to completing the certification program, including pre-
service clinical experience, and, for any candidates who entered the 
program without a bachelor's degree, obtaining a bachelor's. Grantees 
will finalize the DWA into a Final Written Agreement (FWA) within 120 
days of grant award notification.
    Requirement 2--Supplement-Not-Supplant. Grant funds must be used so 
that they supplement and, to the extent practical, increase the funds 
that would otherwise be available for the activities to be carried out 
under this grant.
    Requirement 3--Indirect Cost Rate Information. A grantee's indirect 
cost reimbursement is limited to 8 percent of a modified total direct 
cost base. For more information regarding indirect costs, or to obtain 
a negotiated indirect cost rate, please see www.ed.gov/about/offices/list/ocfo/intro.html.

Final Definition

    The Secretary establishes the following definition for use in the 
Hawkins Program.
    Pre-service means the period of training for a person who does not 
have a prior teaching certification or license and who is enrolled in a 
State-approved teacher education program at an institution of higher 
education, prior to becoming the teacher of record.
    This document does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use any of these priorities, requirements, or 
definition, we invite

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applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 14094

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by OMB. Section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094, defines a ``significant regulatory 
action'' as an action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $200 million or more 
(adjusted every three years by the Administrator of Office of 
Information and Regulatory Affairs (OIRA) for changes in gross domestic 
product); or adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, territorial, or Tribal 
governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise legal or policy issues for which centralized review would 
meaningfully further the President's priorities, or the principles set 
forth in this Executive order, as specifically authorized in a timely 
manner by the Administrator of OIRA in each case.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866, 
as amended by Executive Order 14094.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866, as amended by Executive Order 14094. To the 
extent permitted by law, Executive Order 13563 requires that an 
agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these final priorities, requirements, and definition 
only on a reasoned determination that their benefits justify their 
costs. In choosing among alternative regulatory approaches, we selected 
those approaches that maximize net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    The potential costs associated with these priorities, requirements, 
and definition are minimal, while the potential benefits are 
significant. The Department believes that this final regulatory action 
will not impose significant costs on eligible entities. Participation 
in this program is voluntary, and the costs imposed on applicants by 
this regulatory action will be limited to paperwork burden related to 
preparing an application. The potential benefits of implementing the 
program will outweigh the costs incurred by applicants, and the costs 
of carrying out activities associated with the application will be paid 
for with program funds. For these reasons, we have determined that the 
costs of implementation will not be burdensome for eligible applicants, 
including small entities.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Regulatory Flexibility Act Certification

    The Secretary certifies that these final priorities, requirements, 
and definition will not have a significant economic impact on a 
substantial number of small entities.
    The small entities that this final regulatory action will affect 
are IHEs that meet the eligibility requirements described in section 
241(1) of the HEA. The Secretary believes that the costs imposed on 
applicants by the final priorities, requirements, and definition will 
be limited to paperwork burden related to preparing an application and 
that the benefits will outweigh any costs incurred by applicants. 
Participation in this program is voluntary. For this reason, the final 
priorities, requirements, and definition will impose no burden on small 
entities unless they applied for funding under the program. We expect 
that in determining whether to apply for Hawkins Program funds, an 
eligible applicant would evaluate the requirements of preparing an 
application and any associated costs, and weigh them against the 
benefits likely to be achieved by receiving a Hawkins Program grant. 
Eligible applicants most likely would apply only if they determine that 
the likely benefits exceed the costs of preparing an application. The 
likely benefits include the potential receipt of a grant as well as 
other benefits that may accrue to an entity through its development of 
an application, such as the use of that application to seek funding 
from other sources to address the teacher shortage

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present in the Nation's high need-need public schools.
    This final regulatory action will not have a significant economic 
impact on a small entity once it receives a grant because it will be 
able to meet the costs of compliance using the funds provided under 
this program.

Paperwork Reduction Act of 1995

    These final priorities, requirements, and definition do not contain 
any information collection requirements.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document 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.

Nasser Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2024-07131 Filed 4-3-24; 8:45 am]
BILLING CODE 4000-01-P