[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Proposed Rules]
[Pages 34203-34206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13650]
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DEPARTMENT OF EDUCATION
34 CFR Part 75
[Docket ID ED-2025-OS-0118]
Proposed Priority and Definitions--Secretary's Supplemental
Priority and Definitions on Advancing Artificial Intelligence in
Education
AGENCY: U.S. Department of Education.
ACTION: Proposed priority and definitions.
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SUMMARY: The Secretary proposes a priority and related definitions for
use in currently authorized discretionary grant programs, or such
programs that may be authorized in the future. The Secretary may choose
to use the entire priority for a grant program or a particular
competition or may use one or more of the priority's component parts.
This priority and definitions augment the initial set of three
Secretary's Supplemental Priorities on Evidence-Based Literacy,
Educational Choice, and Returning Education to the States published as
proposed priorities on May 21, 2025 (90 FR 21710).
DATES: We must receive your comments on or before August 20, 2025.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at Regulations.gov. See the SUPPLEMENTARY INFORMATION section
for more details.
FOR FURTHER INFORMATION CONTACT: Zachary Rogers, U.S. Department of
Education, 400 Maryland Avenue SW, Room 7W213, Washington, DC 20202-
6450. Telephone: (202) 260-1144. 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:
Invitation to Comment: We invite you to submit comments regarding
the proposed priority and definitions. Comments must be submitted via
the Federal eRulemaking Portal at Regulations.gov. However, if you
require an accommodation or cannot otherwise submit your comments via
Regulations.gov, please contact the program contact person listed under
FOR FURTHER INFORMATION CONTACT. The Department will not accept
comments by fax or by email, or comments submitted after the comment
period closes. To ensure that the Department does not receive duplicate
copies, please submit your comments only once. Additionally, please
include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.Regulations.gov to submit
your comments electronically. Information on using Regulations.gov,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.'' Also included on Regulations.gov is a commenter checklist that
addresses how to submit effective comments.
In instances where individual submissions appear to be duplicates
or near duplicates of comments prepared as part of a writing campaign,
the Department may choose to post to Regulations.gov one representative
sample comment along with the total comment count for that campaign.
The Department will consider these comments along with all other
comments received. In instances where individual submissions are
bundled together (submitted as a single document or packaged together),
the Department will post all of the substantive comments included in
the submissions along with the total comment count for that document or
package to Regulations.gov.
Comments containing personal threats will not be posted to
Regulations.gov
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and may be referred to the appropriate authorities.
During and after the comment period, you may inspect public
comments about the proposed priority and definitions by accessing
Regulations.gov. To inspect comments in person, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
Privacy Note: The Department's policy is to generally make all
comments received from members of the public available for public
viewing in their entirety on the Federal eRulemaking Portal at
Regulations.gov. Therefore, commenters should be careful to include in
their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this document. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Program Authority: 20 U.S.C. 1221e-3, 3474, 6301 et seq., 5 U.S.C.
311 et seq.
Proposed Priority: This document contains one proposed priority.
Proposed Priority: Advancing Artificial Intelligence in Education
Background: Artificial Intelligence (AI) is rapidly reshaping the
future of education, work, learning, and daily life. As AI becomes more
integrated into the tools and systems that shape elementary, secondary,
and postsecondary education, it is increasingly important for students
to develop AI literacy. A strong foundation in AI literacy will help
ensure students are prepared to navigate and contribute to a society
where these technologies play a growing role in decision-making,
communication, innovation, and career readiness.
Beyond serving as a subject of study, AI also offers powerful
opportunities to enhance teaching and learning. When used effectively,
AI tools have the potential to support personalized instruction,
increase classroom engagement, and improve student outcomes. Educators
are beginning to use AI-powered platforms to analyze student progress,
identify learning gaps, and tailor support to individual needs. This
work is only the beginning.
To move from passive users of AI to active creators and innovators,
students must also understand foundational computer science. Exposure
to core concepts such as algorithms, data analysis, and computational
thinking can deepen their understanding of how AI systems function.
Incorporating computer science where appropriate can reinforce efforts
to build meaningful AI literacy in educational settings.
This priority is designed to support efforts that expand student
understanding of AI and its real-world applications. The priority will
also promote the appropriate integration of AI into education,
providing AI training for educators, and fostering early exposure to AI
concepts and technology to develop an AI-ready workforce and the next
generation of American AI innovators.
Proposed Priority: Projects or proposals to do one or more of the
following:
(a) Expand the understanding of artificial intelligence through one
or more of the following:
(i) Support the integration of AI literacy skills and concepts into
teaching and learning practices to improve educational outcomes for
students, including how to detect AI generated disinformation or
misinformation online;
(ii) Expand offerings of AI and computer science education in K-12
education;
(iii) Expand offerings of AI and computer science courses as part
of an institution of higher education's general education and/or core
curriculum;
(iv) Embed AI and computer science into an institution of higher
education's general preservice or in-service teacher professional
development or teacher preparation programs;
(v) Provide professional development for educators on the
integration of the fundamentals of AI into their respective subject
areas;
(vi) Provide professional development in foundational computer
science and AI, preparing educators to effectively teach AI in stand-
alone computer science and other relevant courses, including
instruction about how to use AI responsibly;
(vii) Partner with State educational agencies or local educational
agencies to encourage the offering of dual-enrollment course
opportunities to earn postsecondary credentials and industry-recognized
credentials in AI coursework concurrent with high school education;
(viii) Create opportunities for high school students through the
development or expansion of AI courses and career-relevant, in-demand
certification programs; or
(ix) Support dissemination of appropriate methods of integrating AI
into education.
(x) Build evidence of appropriate methods of integrating AI into
education.
(b) Expand the appropriate use of artificial intelligence
technology in education through one or more of the following:
(i) Use AI to support K-12 or postsecondary instruction,
supplemental learning, or other assistance or resources to students who
are gifted and talented (as defined in 20 U.S.C. 7801(27)), or those
who are otherwise in need of accelerated or other advanced learning
opportunities;
(ii) Use AI to support K-12 or postsecondary instruction,
supplemental learning, or other assistance or resources to students who
are below grade level, in need of remedial or developmental education,
struggling to graduate with a regular credential from their education
program, or otherwise in need of additional assistance to complete
their program of study;
(iii) Use AI to support early intervention, K-12, or postsecondary
instruction or services for children and students with disabilities and
their families;
(iv) Integrate AI-driven tools into classrooms to personalize
learning, improve student outcomes, and support differentiated
instruction. This integration may include, but is not limited to,
adaptive learning technologies, virtual teaching assistants, tutoring,
and data analytics tools to support student progress;
(v) Provide resources and support for the use of AI in teaching
and/or tutoring in an education program or teacher training program;
(vi) Provide resources and support for the use of AI in teacher
preparation programs;
(vii) Use AI technology to improve teacher training and evaluation;
(viii) Promote efficiency in classroom and school operations
through the application of AI technologies that reduce time-intensive
administrative tasks; or
(ix) Use AI technology to provide high-quality instructional
resources, high-impact tutoring, and college and career pathway
exploration, advising, and navigation to improve educational outcomes.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive
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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)).
Proposed Definitions
Artificial intelligence (AI) has the meaning set forth in 15 U.S.C.
9401(3).
Artificial intelligence (AI) literacy means the technical
knowledge, durable skills, and future ready attitudes required to
thrive in a world influenced by AI. It enables learners to engage,
create with, manage, and design AI, while critically evaluating its
benefits, risks, and implications.
Computer science means the study of computers and algorithmic
processes, including their principles, their hardware and software
designs, theories, computational thinking, coding, analytics,
applications, machine learning, and Artificial Intelligence (AI).
Computer science often includes computer programming or coding as a
tool to create software, including applications, games, websites, and
tools to manage or manipulate data; or development and management of
computer hardware and the other electronics related to sharing,
securing, and using digital information. In addition to coding, the
expanding field of computer science emphasizes computational thinking
and interdisciplinary problem-solving to equip students with the skills
and abilities necessary to apply computation to the digital world.
Computer science does not involve using computers for everyday
tasks, such as browsing the internet or using tools like word
processors, spreadsheets, or presentation software. Instead, it focuses
on creating and developing technology, not just utilizing it.
Final Priority and Definitions: The Department will announce the
final priority and definitions in a document in the Federal Register.
We will determine the final priority and definitions after considering
responses to the proposed priority and definitions and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements, or
definitions, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use the final priority and definitions, we invite
applications through a notice in the Federal Register.
Executive Orders 12866, 13563, and 14192
Regulatory Impact Analysis
This proposed regulatory action is not a significant regulatory
action subject to review by the Office of Management and Budget under
section 3(f) of Executive Order 12866. Since this regulatory action is
not a significant regulatory action under section 3(f) of Executive
Order 12866, it is not considered an ``Executive Order 14192 regulatory
action.''
We have also reviewed this proposed regulatory action under
Executive Order 13563. We are issuing the proposed priority and
definitions only on a reasoned determination that their benefits would
justify their minimal costs. The Department believes that this
regulatory action is consistent with the principles in Executive Order
13563.
We also have determined that this regulatory action would 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 are
necessary for administering the Department's programs and activities.
Discussion of Costs and Benefits
The proposed priority would impose no or minimal costs on entities
that receive discretionary grant award funds from the Department.
Additionally, the benefits of implementing the proposed priority
outweigh any associated costs, to the extent these de minimis costs
even exist, because the proposed priority would result in higher
quality grant application submissions.
Application submission and participation in competitive grant
programs that might use the proposed priority and definitions is
voluntary. We believe, based on the Department's administrative
experience, that entities preparing an application would not need to
expend more resources than they otherwise would have in the absence of
this proposed priority. Because the costs of carrying out activities
would be paid for with program funds, the costs of implementation would
not be a burden for any eligible applicants that earn a grant award,
including small entities. We invite the public to comment on this
discussion of estimated costs and benefits.
Intergovernmental Review: This action is subject to Executive Order
12372 and the regulations in 34 CFR part 79.
This document provides early notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
This section considers the effects that the final regulations may
have on small entities in the educational sector as required by the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Secretary
certifies that this proposed regulatory action would not have a
substantial economic impact on a substantial number of small entities.
The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant in their field of operation, and
have total annual revenue below $7,000,000. Nonprofit institutions are
defined as small entities if they are independently owned and operated
and not dominant in their field of operation. Public institutions are
defined as small organizations if they are operated by a government
overseeing a population below 50,000.
Paperwork Reduction Act: The proposed priority and definitions do
not contain information collection requirements or affect the currently
approved data collection.
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, compact disc, or another accessible
format.
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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. You may also access documents
of the Department published in the Federal Register by using the
article search feature at www.federalregister.gov.
Signing Authority
This document of the U.S. Department of Education was signed on
July 17, 2025, by Linda McMahon, Secretary of Education. That document
with the original signature and date is maintained by the U.S.
Department of Education. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned has been authorized to sign the document in electronic
format for publication, as an official document of the U.S. Department
of Education. This administrative process in no way alters the legal
effect of this document upon publication in the Federal Register.
Tracey St. Pierre,
Director, Office of the Executive Secretariat, Office of the Secretary,
U.S. Department of Education.
[FR Doc. 2025-13650 Filed 7-18-25; 8:45 am]
BILLING CODE 4000-01-P