Applications for New Awards; State Tribal Education Partnership Grants to Tribal Educational Agencies, 33141-33148 [2020-11729]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33141-33148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11729]


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DEPARTMENT OF EDUCATION


Applications for New Awards; State Tribal Education Partnership 
Grants to Tribal Educational Agencies

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 State Tribal 
Education Partnership Grant Program (STEP), Catalog of Federal Domestic 
Assistance (CFDA)

[[Page 33142]]

number 84.415A. This notice relates to the approved information 
collection under OMB control number 1894-0006.

DATES: 
    Applications Available: June 1, 2020.
    Deadline for Notice of Intent to Apply: May 15, 2020.
    Deadline for Transmittal of Applications: July 31, 2020.
    Deadline for Intergovernmental Review: September 29, 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: Shahla Ortega, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W245, Washington, DC 20202-
6450. Telephone: (202) 453-5602. 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 purposes of STEP are to: (1) Promote Tribal 
self-determination in education; (2) improve the academic achievement 
of Indian children and youth; and (3) promote the coordination and 
collaboration of Tribal educational agencies (TEAs) (as defined in this 
notice) with State educational agencies (SEAs) and local educational 
agencies (LEAs) to meet the unique education and culturally related 
academic needs of Indian students.
    Background: STEP was authorized under section 6132 of the 
Elementary and Secondary Education Act, as amended (ESEA), to include 
one-year grants to Tribes to create TEAs (STEP Development grants) and 
three-year grants to TEAs to coordinate and collaborate with SEAs and 
LEAs (STEP grants to TEAs: Next STEP Capacity-Building Grant Program).
    Our intent for this competition is to award three-year STEP grants 
to TEAs to directly administer education programs (as defined in this 
notice), build capacity to administer and coordinate education 
programs, and receive training and support from and provide training 
and support to SEAs and LEAs. In addition, we are especially interested 
in approaches employed by TEAs to deliver services that will expand 
educational options for Native students, further promoting Tribal self-
determination in education. Therefore, we are including Absolute 
Priority 1 to support proposed projects that are designed to do one or 
more of the following: recruit or retain educators; build capacity to 
promote the availability of work-based learning experiences (such as 
internships, apprenticeships, and fellowships); prepare the TEA to open 
a new charter school; or build capacity to enable the TEA to prepare to 
convert a BIE-operated school to a Tribally operated school.
    A TEA must submit with its application for funding an agreement (as 
defined in this notice) with an SEA, one or more LEAs, or both the SEA 
and an LEA. For the purposes of this agreement, a school funded by the 
Bureau of Indian Education (BIE) is considered an LEA. However, if a 
TEA operates a BIE-funded school, the agreement must include at least 
one other LEA not run by the Tribe or an SEA. The agreement must 
document the commitment of the TEA, SEA, and LEA to work together and 
must include all required elements established in this notice. Letters 
of support from an SEA or LEA will not meet this requirement and will 
not be accepted as a substitute.
    Because we believe that it will be critically important for TEAs 
receiving a three-year STEP grant to have project leadership in place 
at the start of the work, projects are required to have a project 
director in place as soon as possible but not later than 60 days after 
the project start date in order to successfully meet program outcomes. 
In addition, an applicant TEA must submit an agreement with the 
appropriate SEA or LEA to implement the activities described in the 
application. Within 120 days of receiving the award, a grantee must 
make any needed updates to the agreement. We also require that a 
grantee report annually on project progress and that, at the end of the 
three-year project, each grantee must demonstrate in its final 
performance report that the grantee met the program objectives.
    In accordance with the Department's commitment to engage in regular 
and meaningful consultation and collaboration with Indian Tribes (as 
defined in this notice), the Office of Elementary and Secondary 
Education's (OESE) Office of Indian Education (OIE) and the White House 
Initiative on American Indian and Alaska Native Education (WHIAIANE) 
conducted two Tribal Consultation sessions regarding the STEP program, 
on December 13, 2018, and February 11, 2020, respectively. Consistent 
with the Department's trust responsibility to Tribes and its Tribal 
Consultation Policy, on those two dates, OESE consulted with elected 
officials of federally recognized Tribes to ensure that their views 
inform OESE's policy decisions related to the priorities, requirements, 
definitions, and selection criteria that govern this competition. At 
the 2018 Tribal Consultation, there was significant interest in 
providing opportunities for Tribes that do not have a TEA to create 
one. So, the FY 2019 competition focused on one-year grants to Tribes 
that wanted to establish TEAs.
    On January 11, 2020, the Department notified Tribal leaders from 
each of the federally recognized Indian Tribes, all Tribal College or 
University (TCU) presidents, current grantees under ESEA Title VI 
formula and discretionary grant programs, and other stakeholders of the 
opportunity to provide input on the FY 2020 STEP competition via an 
email issued through OIE's listserve. The email notification provided 
information on how Tribal leaders could participate in a blended in-
person and virtual Tribal consultation in Washington, DC, on February 
11, 2020, and provide written Tribal comment through March 12, 2020, 
through the [email protected] mailbox.
    The Department solicited feedback on five specific questions as 
part of this Tribal consultation. There were 60 total participants in 
attendance either in-person or virtually, and two written comments were 
submitted. A summary of the feedback to these questions and how the 
Department incorporated this feedback into the FY 2020 STEP notice 
inviting applications (NIA) follows.
    The Department first asked: ``When partnering with SEAs and LEAs, 
what kinds of education programs are you most interested in 
administering? ESEA formula grants, State grants, local grants?'' The 
options for this multiple-choice question included formula grants under 
Title VI of the ESEA, other ESEA formula grants, State grants, and 
local grants.
    Consultation participants, both in person, virtually, and via 
written comments, expressed significant interest in administering 
education programs, including interest in directly administering 
formula grants under Title VI of the ESEA and other ESEA programs 
including Title I, Part A (Improving the Academic Achievement of the 
Disadvantaged--Improving Basic Programs Operated by Local Educational 
Agencies); Title I, Part D (Prevention and Intervention Programs

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for Children and Youth Who Are Neglected, Delinquent, or At-Risk); 
Title II (Preparing, Training, and Recruiting High-Quality Teachers, 
Principals, or Other School Leaders); the 21st Century Community 
Learning Center grant under Title IV; and the Rural and Low-Income 
School grant under Title V. Consultation participants also expressed 
interest in administering various State and local grants.
    The Department elaborated on this question by asking, ``What 
actions do you want to take as part of directly administering education 
programs?'' Consultation participants offered actions including 
training school staff on culturally responsive and trauma-informed 
teaching, partnering with SEA staff, directing funding to close 
achievement and opportunity gaps, and holding public schools more 
accountable for the performance of American Indian students.
    Next, the Department asked ``What kind of evidence should the 
Department require to meet the requirement that an applicant show 
evidence of existing capacity? Is having a Tribal Education Code enough 
evidence to demonstrate capacity of an applicant?'' Consultation 
participants indicated that having a Tribal Education Code may be one 
element of demonstrating evidence of capacity but that alone is not 
sufficient. Other evidence of capacity may include implementation of 
standard operating procedures of the TEA, three to five years of 
``clean audits,'' Tribal consultation between the TEA and LEAs, and a 
prior written agreement between the TEA and LEA and/or SEA. We have 
taken this feedback into account in our definitions of ``established 
TEA'' and ``existing capacity'' in this NIA.
    Third, the Department asked ``Are you interested in using a STEP 
grant to build capacity to expand educational options, such as 
expanding Tribal control over existing schools that serve Tribal 
students or opening new Tribally-operated schools, including new 
charter schools, in addition to the required activities (directly 
administering programs, building capacity, two-way training and 
support)? If yes, are you interested in any of the following options? 
(1) Taking over an existing school? (2) Opening a new school? Or (3) 
Other option?'' In response, the vast majority of consultation 
participants indicated interest in building capacity to expand 
educational options. Consultation participants expressed notable 
interest in opening new schools, such as charter schools or Tribal 
compact schools. We have incorporated feedback from Tribal consultation 
in the absolute priority for this competition that emphasizes building 
capacity to expand educational options, which may include opening new 
schools.
    Next the Department asked ``Are you interested in using a STEP 
grant to build capacity to promote the availability of work-based 
learning experiences, such as by establishing partnerships to support 
internships, apprenticeships, or other career pathways, in addition to 
the required activities (directly administering programs, building 
capacity, two-way training and support)? If yes, which work-based 
learning experiences are you interested in building capacity to 
promote: (1) Internships; (2) Apprenticeships; (3) Other career 
pathways?'' All consultation participants indicated interest in 
building capacity to promote the availability of work-based learning 
experiences except one participant who was not sure; no participants 
said that they were not interested. One consulation participant was 
especially interested in using STEP funds to build capacity in this 
area. We have incorporated feedback from Tribal consultation in the 
absolute priority for this competition that emphasizes building 
capacity to expand educational options in one or more of several ways, 
which may include building capacity to promote work-based learning 
experiences.
    Finally, the Department asked ``Are you interested in using a STEP 
grant to recruit and retain educators, including by offering support 
for transportation or housing, in addition to the required activities 
(directly administering programs, building capacity, two-way training 
and support)? If yes, which supports might you want to offer: (1) 
Transportation; (2) Housing; (3) Other?'' All consultation participants 
indicated interest in building capacity to recruit and retain 
educators. We have incorporated this Tribal input into the design of 
Absolute Priority 1.
    Priorities: This notice contains three absolute priorities and one 
competitive preference priority. We are establishing these priorities 
for the FY 2020 grant competition and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, in accordance with section 437(d)(1) of the General 
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
    Absolute 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 absolute priorities. Under 34 CFR 
75.105(c)(3) we consider only applications that meet Absolute Priority 
1 and either Absolute Priority 2 or 3.

    Note: The Department intends to create two funding slates--one 
for applicants that meet Absolute Priorities 1 and 2 and another for 
applicants that meet Absolute Priorities 1 and 3. As a result, the 
Department may fund applications out of the overall rank order, 
provided applications of sufficient quality are submitted, but the 
Department is not bound to do so. Applicants must clearly identify 
the specific absolute priorities that the proposed project addresses 
in the project abstract.

    These priorities are:
    Absolute Priority 1--Building capacity to administer and coordinate 
education programs.
    Applicants must propose a project, and include a plan and timeline, 
that is designed to do one or more of the following:
    (a) Recruit or retain educators, including by supplementing efforts 
to recruit or retain educators employed by the TEA or by a partnering 
LEA.
    (b) Promote the availability of work-based learning experiences 
(such as internships, apprenticeships, and fellowships) or career 
exploration opportunities for elementary and secondary students served 
by the TEA that align with in-demand industry sectors or occupations 
(as defined in section 3(23) of the Workforce Innovation and 
Opportunity Act of 2014), without providing direct services.
    (c) For a TEA located in a State with a State statute specifically 
authorizing the establishment of charter schools, build TEA capacity 
necessary to open a new charter school, including a Tribally authorized 
charter school, such as by developing the charter school concept; 
writing a mission statement; defining an educational model; 
establishing a governance structure; developing a budget; establishing 
curriculum; choosing a location; developing partnerships with key 
stakeholders; or developing other materials related to applying for a 
charter from the appropriate authorizing entity.
    (d) Build TEA capacity necessary to convert a BIE-operated school 
to a BIE-funded Tribally-operated school, such as by developing 
structures necessary to ensure smooth transition of instruction; 
ensuring necessary and appropriate facilities; developing processes and 
procedures for oversight of funds and compliance with statute and 
regulations; and preparing to hire teachers and staff.
    Absolute Priority 2--Established TEAs.
    To meet this priority, a TEA must be an established TEA (as defined 
in this notice).

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    Absolute Priority 3--TEAs with limited prior experience.
    To meet this priority, a TEA must have limited prior experience, 
which means that the TEA is not an established TEA.
    Competitive Preference 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 a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i) we award zero or five points to 
an application, depending on whether the application meets this 
priority.
    This priority is:
    New Three-Year STEP Grantee (0 or 5 points).
    Any applicant for a STEP grant that did not receive a STEP award 
from the Department in the FY 2012 or FY 2015 competitions.
    Requirements: We are establishing these application and program 
requirements for the FY 2020 grant competition, and any subsequent year 
in which we make awards from the list of unfunded applications from 
this competition, in accordance with section 437(d)(1) of GEPA, 20 
U.S.C. 1232(d)(1). We have indicated the source of the requirement in a 
parenthetical following the requirement.
    Application Requirements: Each application must contain the 
following:
    (a) A signed agreement, with the appropriate SEA, one or more LEAs, 
or both the SEA and an LEA. (ESEA Section 6132(d)(2)(C)(i))

    Note: While an applicant may submit an agreement that includes 
multiple SEAs or LEAs, no additional consideration will be given to 
a project for doing so.

    (b) Evidence of the TEA's existing capacity (as defined in this 
notice). (ESEA Section 6132(d)(2)(C)(ii))
    (c) A detailed budget, including a budget narrative, adequate to 
complete the activities proposed in the STEP application, including 
funds requested in this application and specific information related to 
any other resources available to support the project. (Section 
437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1))
    (d) An explanation of how the STEP funds will be used to build on 
existing activities or add new activities rather than replace Tribal or 
other funds. (Section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1))
    (e) Evidence that the applicant has consulted with other education 
entities, if any, within the territorial jurisdiction of the applicant 
that will be affected by the activities to be conducted under the 
grant. (ESEA Section 6132(d)(3)(A))
    (f) A plan for ongoing consultation with other education entities 
regarding the operation and evaluation of the activities conducted 
under the grant. (ESEA Section 6132(d)(3)(B))
    (g) A description of the method to be used for evaluating the 
effectiveness of the activities for which assistance is sought and for 
determining whether such objectives are achieved. (ESEA Section 
6132(d)(2)(B))
    (h) Written assurance that--
    (1) The applicant will not use funds to provide direct services 
(ESEA Section 6132(e)(2)); and
    (2) The applicant does not receive funds from the BIE Tribal 
Education Department (TED) grant funds under section 1140 of the 
Education Amendments of 1978 (25 U.S.C. 2020). (ESEA Section 
6132(e)(1))
    Program Requirements: Applicants that receive grants under this 
program must meet the following program requirements:
    (a) Hire a project director as soon as possible but no later than 
60 days after the beginning of the performance period. (Section 
437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1))
    (b) Finalize and sign any updates to the agreement with the 
partnering SEA(s) and LEA(s) within 120 days after the project start 
date. (Section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1))
    (c) Directly administer education programs (as defined in this 
notice), which may include formula grant programs under ESEA, 
consistent with State law and under a written agreement between the 
parties. (ESEA Section 6132(c)(2)(A))
    (d) Build capacity to administer and coordinate such education 
programs, and to improve the relationship and coordination between the 
TEA and the SEA(s) and LEA(s) that educate students from the Tribe. 
(ESEA Section 6132(c)(2)(B))
    (e) Receive training and support from the SEA(s) and LEA(s), in 
areas such as data collection and analysis, grants management and 
monitoring, fiscal accountability, and other areas as needed. (ESEA 
Section 6132(c)(2)(C))
    (f) Train and support the SEA(s) and LEA(s) in areas related to 
Tribal history, language, and culture. (ESEA Section 6132(c)(2)(D))
    (g) Build on existing activities or resources rather than replacing 
other funds. (ESEA Section 6132(c)(2)(E))
    (h) Carry out other activities consistent with the purposes of the 
program. (ESEA Section 6132(c)(2)(F))
    (i) Comply with the Indian Self-Determination and Education 
Assistance Act (ISDEAA) hiring preference, which provides that awards 
that are primarily for the benefit of Indians \1\ are subject to the 
provisions of section 7(b) of the ISDEAA. That section requires that, 
to the greatest extent feasible, a grantee give to--
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    \1\ For purposes of this paragraph (i), an Indian is a member of 
any federally recognized Indian Tribe.
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    (1) Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) 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.
    Definitions: The definitions of ``Indian Tribe'' and ``Tribal 
educational agency'' are from section 6132 of the ESEA. The definitions 
of ``project component'' and ``relevant outcome'' are from 34 CFR 
77.1(c). We are establishing the definitions of ``agreement,'' 
``directly administer education programs,'' ``education program,'' 
``established TEA,'' ``existing capacity,'' ``LEA-type function,'' and 
``SEA-type function,'' for the FY 2020 grant competition, and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition, in accordance with section 
437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). The following definitions 
apply to this competition:
    Agreement means a signed written agreement between the TEA and one 
SEA; the TEA and one or more LEAs; or the TEA and both an SEA and one 
or more LEAs, that documents the commitment of the TEA, SEA, and LEA, 
as applicable, to work together. For the purposes of this agreement, a 
BIE-funded school is considered an LEA. If a TEA operates a BIE-funded 
school, such agreement must include at least one other LEA not run by 
the Tribe or an SEA.
    The agreement must include--
    (1) An explanation of how the parties will work collaboratively to 
directly administer education programs, including ESEA formula grant 
programs, consistent with State law and under written agreement between 
the parties;
    (2) A description of the primary SEA-type functions (as defined in 
this notice) or LEA-type functions (as defined in this notice) that the 
TEA will assume;
    (3) The training and other activities that the SEA or LEA, as 
appropriate, will provide for the TEA to gain the knowledge and skills 
needed to administer education programs in areas such as data 
collection and analysis, grants management and monitoring,

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fiscal accountability, and other areas as needed;
    (4) The assistance that the TEA will provide to the SEA or LEA, as 
appropriate, to facilitate the project, in areas related to Tribal 
history, language, and culture; and
    (5) A statement concerning student data that commits the parties to 
making their best efforts to reach consensus and finalize agreement, 
within 90 days after the start of the project, on a provision on data 
sharing that is consistent with FERPA, if data sharing is required by 
the project design;
    (6) The goals, objectives, and outcomes to be achieved by the 
proposed project that are clearly specified and measurable;
    (7) A timetable for accomplishing each of the objectives and 
activities that the applicant will undertake to achieve the program 
outcomes in the program requirements; and
    (8) An assurance that all relevant parties will participate in each 
Tribal consultation required under Federal education programs.
    Directly administer education programs means conducting SEA-type 
functions or LEA-type functions for education programs, including ESEA 
formula grant programs, consistent with State law and under the 
agreement.
    Education program means any Federal, State, local, or private 
education program that supports elementary or secondary students.
    Established TEA means a TEA that--
    (1) Previously received a STEP grant in 2012 or 2015; or
    (2) Has an existing prior relationship with an SEA or LEA as 
evidenced by a prior written agreement between the TEA and SEA or LEA, 
and meets two or more of the following criteria:
    (i) Has an existing Tribal education code.
    (ii) Has administered at least one education program within the 
past five years.
    (iii) Has administered at least one Federal, State, local, or 
private grant within the past five years.
    Existing capacity means meeting two or more of the following 
criteria:
    (1) Has an existing Tribal education code.
    (2) Has established standard operating procedures related to 
elementary or secondary education operations.
    (3) Has administered at least one education program within the past 
five years.
    (4) Has administered at least one Federal, State, local, or private 
grant within the past five years, which may include a one-year STEP 
Development grant received in 2019.
    Indian Tribe means a federally-recognized or a State-recognized 
Tribe.
    LEA-type function means the type of activity that LEAs typically 
conduct, such as direct provision of educational services to students, 
grant implementation, school district curriculum development, staff 
professional development pursuant to State guidelines, and data 
submissions.
    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).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component (as defined in this notice) is designed to 
achieve, consistent with the specific goals of the program.
    SEA-type function means the type of activity that SEAs typically 
conduct, such as overall education policy development, supervision and 
monitoring of school districts, provision of technical assistance to 
districts, statewide curriculum development, collecting and analyzing 
performance data, and evaluating programs.
    Tribal educational agency (TEA) means the agency, department, or 
instrumentality of an Indian Tribe that is primarily responsible for 
supporting Tribal students' elementary and secondary education.

    Note: For purposes of this program, this term also includes an 
agency, department, or instrumentality of more than one Tribe, if 
the Tribes are in close geographic proximity to each other.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553) the Department generally offers interested parties 
the opportunity to comment on proposed priorities, requirements, and 
definitions. Section 437(d)(1) of GEPA, however, allows the Secretary 
to exempt from rulemaking requirements regulations governing the first 
grant competition under a new or substantially revised program 
authority. This is the first grant competition for this program under 
section 6132 of the ESEA (20 U.S.C. 7452), and, therefore, qualifies 
for this exemption. In order to ensure timely grant awards, the 
Secretary has decided to forgo public comment on the priorities, 
requirements, and definitions under section 437(d)(1) of GEPA. These 
priorities, requirements, and definitions will apply to the FY 2020 
competition, and any subsequent year in which we make awards from the 
list of unfunded applications from this competition.
    Program Authority: Section 6132(c)(2) of the ESEA, Grants To Tribes 
For Education, Administrative Planning, Development, And Coordination, 
20 U.S.C. 7452.
    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.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $1.5 to $2 million.
    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: $300,000 to $500,000.
    Estimated Average Size of Awards: $400,000.
    Estimated Number of Awards: 4-6.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to three years.

III. Eligibility Information

    1. Eligible Applicants: TEAs, including a consortium of TEAs. An 
Indian Tribe that receives funds from the BIE under section 1140 of the 
Education Amendments of 1978 (25 U.S.C. 2020) is not eligible to 
receive funds under this program.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to

[[Page 33146]]

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.
    Grants.gov has relaxed the requirement for applicants to have an 
active registration in the System for Award Management (SAM) in order 
to apply for funding during the COVID-19 pandemic. An applicant that 
does not have an active SAM registration can still register with 
Grants.gov, but must contact the Grants.gov Support Desk, toll-free, at 
1-800-518-4726, in order to take advantage of this flexibility.
    2. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    3. Funding Restrictions: Funding restrictions are outlined in 
section 6132 (20 U.S.C.7452(3)(e)): (1) An Indian Tribe may not receive 
funds under this section if such Tribe receives funds under section 
1140 of the Education Amendments of 1978 (20 U.S.C. 2020); and (2) no 
funds under this section may be used to provide direct services. We 
reference additional regulations outlining funding restrictions in the 
Applicable Regulations section of this notice.
    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 50 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.
    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 program are 
from 34 CFR 75.210. We will award up to 100 points to an application 
under the selection criteria; the total possible points for each 
selection criterion are noted in parentheses.
    (a) Quality of the Project Design. (Maximum 30 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. 
(up to 10 points)
    (2) The extent to which the proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance. (up to 10 points)
    (3) The extent to which the proposed project will integrate with or 
build on similar or related efforts to improve relevant outcomes (as 
defined in this notice), using existing funding streams from other 
programs or policies supported by community, State, and Federal 
resources. (up to 10 points)
    (b) Quality of Project Services. (Maximum 20 points). The Secretary 
considers the quality of the services to be provided by the proposed 
project. In determining the quality of project services of 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. (up to 5 points).
    (2) 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. (up to 15 points)
    (c) Adequacy of Resources. (Maximum 30 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 adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization. (up to 5 points)
    (2) The qualifications, including relevant training and experience, 
of the project director or principal investigator. (up to 10 points)
    (3) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support. (up to 5 points)
    (4) The extent to which the budget is adequate to support the 
proposed project. (up to 10 points)
    (d) Quality of the Management Plan. (Maximum 20 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 the extent to which the time 
commitments of the project director and principal investigator and 
other key project personnel are appropriate and adequate to meet the 
objectives of the proposed project. (up to 20 points)
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs

[[Page 33147]]

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 program, 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 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: Note: All grantees will report on measures 
a, b and c. A grantee will report on measures d, e, f and g, based on 
the part(s) of Absolute Priority 1 addressed in its application.
    (a) The number of capacity building activities offered by the TEA 
for the SEA or LEA (e.g., trainings, technical assistance in areas 
related to tribal history, language, or culture).
    (b) The number of capacity building activities offered by the SEA 
or LEA for the TEA (e.g., trainings, technical assistance in developing 
TEA capacity to administer and coordinate education programs).
    (c) The number of education programs grantees directly administer.
    (d) The number of teachers recruited or retained to serve students 
the TEA serves as a result of the STEP grant.
    (e) The number of work-based learning experience programs created 
as a result of the capacity built using the STEP grant.
    (f) The number of TEA actions taken to build capacity to open a 
charter school, such as by developing the charter school concept; 
writing a mission statement; defining an educational model; 
establishing a governance structure; developing a budget; establishing 
curriculum; choosing a location; developing partnerships with key 
stakeholders; or developing other materials related to applying for a 
charter from the appropriate authorizing entity.
    (g) The number of TEA actions taken to build capacity to convert a 
BIE-operated school to a BIE-funded Tribally-operated school, such as 
by developing structures necessary to ensure smooth transition of 
instruction; ensuring necessary and appropriate facilities; developing 
processes and procedures for oversight of funds and compliance with 
statute and regulations; and preparing to hire teachers and staff.
    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

[[Page 33148]]

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.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2020-11729 Filed 5-29-20; 8:45 am]
 BILLING CODE 4000-01-P