Applications for New Awards; Native Hawaiian Education Program, 68154-68159 [2019-26944]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68154-68159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26944]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Native Hawaiian Education Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2020 for the Native Hawaiian 
Education (NHE) program, Catalog of Federal Domestic Assistance (CFDA) 
number 84.362A. This notice relates to the approved information 
collection under OMB control number 1894-0006.

DATES: 
    Applications Available: December 13, 2019.
    Deadline for Transmittal of Applications: February 11, 2020.

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 February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Joanne Osborne, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E306, Washington, DC 20202. 
Telephone: (202) 401-1265. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the NHE program is to support 
innovative projects that recognize and address the unique educational 
needs of Native Hawaiians. These projects must include the activities 
authorized under section 6205(a)(2) of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA), and may include one or more 
of the activities authorized under section 6205(a)(3) of the ESEA.
    Note: The construction of facilities that support the operation of 
Native Hawaiian education programs will be a permissible activity only 
if Congress specifically authorizes the use of FY 2020 funds for this 
purpose.
    Background: The NHE program serves the unique educational needs of 
Native Hawaiians and recognizes the roles of Native Hawaiian languages 
and cultures in the educational success and long-term well-being of 
Native Hawaiian students. The program supports effective supplemental 
education programs that maximize participation of Native Hawaiian 
educators and leaders in the planning, development, implementation, 
management, and evaluation of programs designed to serve Native 
Hawaiians. The statute identifies as priority areas activities that 
include beginning reading and literacy among students in kindergarten 
through third grade, the needs of at-risk children and youth, needs in 
fields or disciplines in which Native Hawaiians are underemployed, and 
the use of the Hawaiian language in instruction. The NHE program 
requires that grantees focus on one or more of these priority areas.
    In addition, NHE grantees may undertake a broad array of activities 
to achieve these purposes, as described in section 6205(a)(3) of the 
ESEA, including several that are consistent with the Administration's 
policy focus areas as expressed in the Department's Notice of Final 
Supplemental Priorities and Definitions for Discretionary Grant 
Programs (Supplemental Priorities), published in the Federal Register 
on March 2, 2018 (83 FR 9096). For example, section 6205(a)(3)(F) of 
the ESEA authorizes the development of academic and vocational 
curricula to address the needs of Native Hawaiian children and adults, 
including curriculum materials in the Hawaiian language and mathematics 
and science curricula that incorporate Native Hawaiian traditions and 
culture. Similarly, Supplemental Priority 6 calls for projects in 
science, technology, engineering, and math (STEM) education, including 
computer science, that support student mastery of key prerequisites to 
ensure success in all STEM fields and expose students to building-block 
skills such as critical thinking and problem-solving, gained through 
hands-on, inquiry-based learning.
    As a second example, ESEA section 6205(a)(2)(C) prioritizes 
programs that are designed to support projects that address needs in 
fields or disciplines in which Native Hawaiians are underemployed. 
Similarly, Supplemental Priority 3(c) is designed to support projects 
providing work-based learning experiences (such as internships, 
apprenticeships, and fellowships) that align with in-demand industry 
sector or occupations (as defined in section 3(23) of the Workforce 
Innovation and Opportunity Act of 2014 (WIOA)).
    These two areas of alignment between the ESEA and the Supplemental 
Priorities will receive competitive preference points in this 
competition.
    We note that, under ESEA section 6205(b), no more than five percent 
of funds awarded for a grant for any fiscal year under this program may 
be used for administrative costs. Pursuant to this statutory language, 
in this and future competitions under this program, this five percent 
limit must include both direct and indirect administrative costs. The 
administrative cost cap will limit the amount of indirect costs that a 
grantee can charge to this grant to no more than five percent. We will 
provide guidance and webinars on this topic for potential applicants, 
following the publication of this notice. For more information, see the 
Funding Restrictions section of this notice.
    Priorities: This notice contains one absolute priority and two 
competitive preference priorities. Consistent with 34 CFR 
75.105(b)(2)(v), the absolute priority is from section 6205(a)(2) of 
the ESEA. In accordance with 34 CFR 75.105(b)(2)(ii), the two 
competitive preference priorities are from the Supplemental Priorities.
    Absolute Priority: For FY 2020 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet this priority.
    An applicant may address one or more parts of the absolute 
priority. An applicant must clearly identify in its application which 
part or parts of the absolute priority its project will address.
    This priority is:

[[Page 68155]]

    Eligible applicants must propose a project that is designed to 
address one or more of the following:
    (a) Beginning reading and literacy among students in kindergarten 
through third grade.
    (b) The needs of at-risk children and youth.
    (c) Needs in fields or disciplines in which Native Hawaiians are 
underemployed.
    (d) The use of the Hawaiian language in instruction.
    Competitive Preference Priorities: For FY 2020 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 
five points to an application, depending on how well the application 
meets Competitive Preference Priority 1, and up to an additional five 
points to an application, depending on how well the application meets 
Competitive Preference Priority 2.
    We will award a maximum of 10 points to an application that 
addresses both of the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--Promoting Science, Technology, 
Engineering, or Math (STEM) Education, with a Particular Focus on 
Computer Science (up to five points).
    Projects designed to improve student achievement or other 
educational outcomes in one or more of the following areas: Science, 
technology, engineering, math, or computer science (as defined in this 
notice). These projects must address the following priority area: 
Increasing access to STEM coursework, including computer science (as 
defined in this notice), and hands-on learning opportunities, such as 
through expanded course offerings, dual-enrollment, high-quality online 
coursework, or other innovative delivery mechanisms.
    Competitive Preference Priority 2--Fostering Flexible and 
Affordable Paths to Obtaining Knowledge and Skills (up to five points).
    Projects that are designed to address providing work-based learning 
experiences (such as internships, apprenticeships, and fellowships) 
that align with in-demand industry sectors or occupations (as defined 
in section 3(23) of WIOA).
    Definitions: The definitions below are from 34 CFR 77.1(c); 
sections 4310(2), 6207, and 8101 of the ESEA; the Supplemental 
Priorities; and section 3(23) of WIOA. These definitions apply to the 
FY 2020 grant competition and any subsequent year in which we make 
awards from the list of unfunded applications from this competition.
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements of this definition;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred 
to as the ``Family Educational Rights and Privacy Act of 1974''), and 
part B of the Individuals with Disabilities Education Act;
    (h) Is a school to which parents choose to send their children, and 
that (1) admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or (2) in the case of a school that has an 
affiliated charter school (such as a school that is part of the same 
network of schools), automatically enrolls students who are enrolled in 
the immediate prior grade level of the affiliated charter school and, 
for any additional student openings or student openings created through 
regular attrition in student enrollment in the affiliated charter 
school and the enrolling school, admits students on the basis of a 
lottery as described in clause (i);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    Computer science means the study of computers and algorithmic 
processes and includes the study of computing principle and theories, 
computational thinking, computer hardware, software design, coding, 
analytics, and computer applications. 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 in our digital world. Computer science 
does not include using the computer for everyday activities, such as 
browsing the internet; use of tools like word processing, spreadsheets, 
or presentation software; or using computers in the study and 
exploration of unrelated subjects. (Supplemental Priorities)
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes. (34 CFR 77.1(c))
    Dual or concurrent enrollment program means a program offered by a 
partnership between at least one institution of higher education and at 
least one local educational agency through which a secondary school 
student who has not graduated from high school with a regular high 
school diploma is able to enroll in one or more postsecondary courses 
and earn postsecondary credit that--(a) is transferable to the 
institutions of higher

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education in the partnership; and (b) applies toward completion of a 
degree or recognized educational credential as described in the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.). (Section 8101(15) of 
the ESEA)
    In-Demand industry sector or occupation means an industry sector 
that has a substantial current or potential impact (including through 
jobs that lead to economic self-sufficiency and opportunities for 
advancement) on the State, regional, or local economy, as appropriate, 
and that contributes to the growth or stability of other supporting 
businesses, or the growth of such industry sectors; or an occupation 
that currently has, or is projected to have, a number of positions 
(including positions that lead to economic self-sufficiency and 
opportunities for advancement) in an industry sector so as to have a 
significant impact on the State, regional, or local economy, as 
appropriate. The determination of whether an industry sector or 
occupation is in-demand under this definition shall be made by the 
State board or local board, as appropriate, using State or regional 
business and labor market projections, including the use of labor 
market information. (Section 3(23) of WIOA)
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes. (34 CFR 77.1(c))
    Native Hawaiian means any individual who is--
    (a) A citizen of the United States; and
    (b) A descendant of the aboriginal people who, prior to 1778, 
occupied and exercised sovereignty in the area that now comprises the 
State of Hawaii, as evidenced by--
    (1) Genealogical records;
    (2) Kupuna (elders) or Kamaaina (long-term community residents) 
verification; or
    (3) Certified birth records. (Section 6207(2) of the ESEA)
    Native Hawaiian community-based organization means any organization 
that is composed primarily of Native Hawaiians from a specific 
community and that assists in the social, cultural, and educational 
development of Native Hawaiians in that community. (Section 6207(3) of 
the ESEA)
    Native Hawaiian educational organization means a private nonprofit 
organization that--
    (a) Serves the interests of Native Hawaiians;
    (b) Has Native Hawaiians in substantive and policymaking positions 
within the organization;
    (c) Incorporates Native Hawaiian perspective, values, language, 
culture, and traditions into the core function of the organization;
    (d) Has demonstrated expertise in the education of Native Hawaiian 
youth; and
    (e) Has demonstrated expertise in research and program development. 
(Section 6207(4) of the ESEA)
    Native Hawaiian language means the single Native American language 
indigenous to the original inhabitants of the State of Hawaii. (Section 
6207(5) of the ESEA)
    Native Hawaiian organization means a private nonprofit organization 
that--
    (a) Serves the interests of Native Hawaiians;
    (b) Has Native Hawaiians in substantive and policymaking positions 
within the organization; and
    (c) Is recognized by the Governor of Hawaii for the purpose of 
planning, conducting, or administering programs (or portions of 
programs) for the benefit of Native Hawaiians. (Section 6207(6) of the 
ESEA)
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers). (34 
CFR 77.1(c))
    Regular high school diploma (a) means the standard high school 
diploma awarded to the preponderance of students in the State that is 
fully aligned with State standards, or a higher diploma, except that a 
regular high school diploma shall not be aligned to the alternate 
academic achievement standards described in ESEA section 1111(b)(1)(E); 
and (b) does not include a recognized equivalent of a diploma, such as 
a general equivalency diploma, certificate of completion, certificate 
of attendance, or similar lesser credential. (Section 8101(43) of the 
ESEA)
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program. (34 CFR 77.1(c))
    Application Requirement: The following application requirement is 
from section 6206(b) of the ESEA and applies to the FY 2020 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applications from this competition:
    Each applicant for a grant under this program must submit the 
application for comment to the local educational agency serving 
students who will participate in the program to be carried out under 
the grant, and include those comments, if any, with the application to 
the Secretary.
    Program Authority: Section 6205 of the ESEA (20 U.S.C. 7515).
    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 Supplemental Priorities.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration's budget request for 
FY 2020 does not include funds for this program. However, we are 
inviting applications to allow enough time to complete the grant 
process before the end of the current fiscal year, if Congress 
appropriates funds for this program. Contingent upon the availability 
of funds and the quality of applications, we may make additional awards 
in subsequent years from the list of unfunded applications from this 
competition.
    Estimated Range of Awards: $250,000-$950,000 for each 12-month 
budget period.
    Estimated Average Size of Awards: $780,000 for each 12-month 
period.
    Estimated Number of Awards: 33.
    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 are eligible to 
apply under this competition:
    (a) Native Hawaiian educational organizations.
    (b) Native Hawaiian community-based organizations.
    (c) Public and private nonprofit organizations, agencies, and 
institutions

[[Page 68157]]

with experience in developing or operating Native Hawaiian programs or 
programs of instruction in the Native Hawaiian language.
    (d) Charter schools.
    (e) Consortia of the organizations, agencies, and institutions 
described in paragraphs (a) through (c).
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Performance Reports: If you receive an award under this program, 
you are required to provide copies of the performance reports (see 
section VI of this document below) to the Native Hawaiian Education 
Council (authorized under section 6204 of the ESEA (20 U.S.C. 7514)).

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 February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, 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 the NHE program, your 
application may include business information that you consider 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    4. Funding Restrictions: No more than five percent of funds awarded 
for a grant under this program may be used for administrative costs 
(ESEA section 6205(b)). This five-percent limit must include both 
direct and indirect administrative costs.
    Note: Pursuant to ESEA section 6205(b), in this and future 
competitions under this program the five-percent limit must include 
both direct and indirect administrative costs. The term 
``administrative purposes'' has its common sense meaning, which is that 
it includes not only those administrative costs that are charged 
directly, but also those administrative costs that are shared entity-
wide (e.g., overhead and accounting costs) and included in an indirect 
cost rate. Additionally, Congress has explicitly specified in 
legislation authorizing other grant programs when it wishes for an 
administrative cost cap to refer to only direct administrative costs. 
It did not do so here. Thus, the administrative cost cap in this 
program will limit the amount of indirect costs that a grantee can 
charge to this grant to no more than five percent.
    Please see the application package for more information about the 
administrative cost limit. We reference regulations outlining 
additional funding restrictions in the Applicable Regulations section 
of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 30 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, 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, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all of the selection 
criteria is 120 points. The maximum score for each criterion is 
included in parentheses following the title of the specific selection 
criterion. Each criterion also includes the factors that reviewers will 
consider in determining the extent to which an applicant meets the 
criterion.
    The selection criteria are as follows:
    (a) Need for project (up to 20 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the following factors:
    (i) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project (up to 10 
points).
    (ii) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses (up to 10 points).
    (b) Quality of the project design (up to 20 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs (up to 10 points).
    (ii) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice) (up to 10 points).
    (c) Quality of project services (up to 30 points)
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 10 points).
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project

[[Page 68158]]

reflect up-to-date knowledge from research and effective practice (up 
to 10 points).
    (ii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services (up to 10 
points).
    (d) Quality of project personnel (up to 10 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have been 
traditionally underrepresented based on race, color, national origin, 
gender, age, or disability (up to 5 points).
    (3) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel 
(up to 5 points).
    (e) Quality of the management plan (up to 30 points)
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 15 points).
    (ii) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project (up to 15 points).
    (f) Quality of the project evaluation (up to 10 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the extent to which the methods of evaluation will provide 
valid and reliable performance data on relevant outcomes.
    Note: The selection criterion for project evaluation relates to 
performance measure (1) under the Performance Measures section of this 
notice.
    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 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, 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 200.205(a)(2), we must make a judgment about 
your integrity, business ethics, and record of performance under 
Federal awards--that is, the risk posed by you as an applicant--before 
we make an award. In doing so, we must consider any information about 
you that is in the integrity and performance system (currently referred 
to as the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure

[[Page 68159]]

information as directed by the Secretary under 34 CFR 75.118. The 
Secretary may also require more frequent performance reports under 34 
CFR 75.720(c). For specific requirements on reporting, please go to 
www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    5. Performance Measures: We have established four performance 
measures for this program: (1) The number of grantees that attain or 
exceed the targets for the outcome indicators for their projects that 
have been approved by the Secretary; (2) the percentage of Native 
Hawaiian children participating in early education programs who 
consistently demonstrate school readiness in literacy as measured by 
the Hawaii School Readiness Assessment (HSRA); (3) the percentage of 
students in schools served by the program who graduate from high school 
with a regular high school diploma (as defined in this notice) in four 
years; and (4) the percentage of students participating in a Native 
Hawaiian language (as defined in this notice) program that is conducted 
under the NHE program who meet or exceed proficiency standards in 
reading on a test of the Native Hawaiian language.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, 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: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact person listed under FOR FURTHER INFORMATION 
CONTACT.
    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.

    Dated: December 10, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-26944 Filed 12-12-19; 8:45 am]
BILLING CODE 4000-01-P