Applications for New Awards; Indian Education Discretionary Grant Programs-Demonstration Grants for Indian Children and Youth Program, 43569-43575 [2020-15542]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43569-43575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15542]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Indian Education Discretionary Grant 
Programs--Demonstration Grants for Indian Children and Youth Program

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

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for new awards for fiscal year (FY) 2020 for Demonstration 
Grants for Indian Children and Youth Program (Demonstration program), 
Catalog of Federal Domestic Assistance (CFDA) number 84.299A. This 
notice relates to the approved information collection under OMB control 
number 1810-0722.

DATES: 
    Applications Available: July 17, 2020.
    Deadline for Notice of Intent to Apply: August 3, 2020.
    Date of Pre-Application Meeting: July 23, 2020 at 2:00 p.m. Eastern 
Time and July 30, 2020 at 2:00 p.m. Eastern time.
    Deadline for Transmittal of Applications: August 31, 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

[[Page 43570]]

www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Bianca Williams, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W237, Washington, DC 20202-
6335. Telephone: (202) 453-5671. 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 Demonstration program is to 
support projects to develop, test, and demonstrate the effectiveness of 
services and programs to improve education opportunities and 
achievement of Indian children and youth.
    Priorities: This competition includes one absolute priority and 
three competitive preference priorities.
    In accordance with 34 CFR 75.105(b)(2)(ii), these priorities are 
from 34 CFR part 263, as revised in the notice of final regulations for 
this program published elsewhere in this issue of the Federal Register 
(the NFR). The absolute priority is from 34 CFR 263.21(c)(7); 
Competitive Preference Priorities 1 and 2 are from 34 CFR 263.21(b)(1) 
and (2); and Competitive Preference Priority 3 is from 34 CFR 
263.21(c)(5).
    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.
    This priority is:
    Accessing Choices in Education.
    To meet this priority, applicants must propose a project to expand 
educational choice by enabling a Tribe, or the grantee and its Tribal 
partner, to select a project focus that meets the needs of their 
students and enabling parents of Indian students, or the students, to 
choose education services by selecting the specific service and 
provider desired.
    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 an additional 11 
points to an application that meets Competitive Preference Priority 1, 
and an additional 5 points to an application that meets Competitive 
Preference Priority 2; an applicant can receive points under either 
Competitive Preference Priority 1 or 2, but not both. In addition, we 
award an additional 5 points to an application that meets Competitive 
Preference Priority 3. The maximum number of competitive preference 
priority points is 16.
    These priorities are:
    Competitive Preference Priority 1: Tribal Lead Applicants. (0 or 11 
points)
    To meet this priority, an application must be submitted by an 
Indian Tribe, Indian organization, school funded by the Bureau of 
Indian Education (BIE-funded school), or Tribal college or university 
(TCU) that is eligible to participate in the Demonstration Grants 
program. A group application submitted by a consortium that meets the 
requirements of 34 CFR 75.127 through 75.129 or submitted by a 
partnership is eligible to receive the preference only if the lead 
applicant for the consortium is the Indian Tribe, Indian organization, 
BIE-funded school, or TCU.
    Competitive Preference Priority 2: Tribal Partnership. (0 or 5 
points)
    To meet this priority, an application must be submitted by a 
consortium of eligible entities that meets the requirements of 34 CFR 
75.127 through 75.129 or submitted by a partnership if the consortium 
or partnership--(1) Includes an Indian Tribe, Indian organization, BIE-
funded school, or TCU; and (2) Is not eligible to receive the 
preference under Competitive Preference Priority 1.
    Competitive Preference Priority 3: Rural Applicants. (0 or 5 
points)
    To meet this priority, an applicant must propose a project that 
includes either--(1) A local educational agency (LEA) that is eligible 
under the Small Rural School Achievement (SRSA) program or the Rural 
and Low-Income School (RLIS) program authorized under title V, part B 
of the ESEA; or (2) A BIE-funded school that is located in an area 
designated with locale code of either 41, 42, or 43 as designated by 
the National Center for Education Statistics.
    Application Requirements: For FY 2020 and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, applicants must meet the following application 
requirements, which are from section 6121 of ESEA and 34 CFR 263.22:
    (1) General Requirements. The following requirements apply to all 
applications submitted under this competition. An applicant must 
include in its application--
    (a) A description of how Indian Tribes and parents and families of 
Indian children and youth have been, and will be, involved in 
developing and implementing the proposed activities;
    (b) Information demonstrating that the proposed project is 
evidence-based, where applicable, or is based on an existing evidence-
based program that has been modified to be culturally appropriate for 
Indian students;
    (c) A description of how the applicant will continue the proposed 
activities once the grant period is over;
    (d) A plan for how the applicant will oversee service providers and 
ensure that students receive high-quality services under the project;
    (e) An assurance that--
    (i) Services will be supplemental to the education program provided 
by local schools attended by the students to be served;
    (ii) Funding will be supplemental to existing sources, such as 
Johnson O'Malley funding; and
    (iii) The availability of funds for supplemental special education 
and related services (i.e., services that are not part of the special 
education and related services, supplementary aids and services, and 
program modifications or supports for school personnel that are 
required to make FAPE available under Part B of the Individuals with 
Disabilities Education Act (IDEA) to a child with a disability in 
conformity with the child's IEP or the regular or special education and 
related aids and services required to make FAPE available under a 
Section 504 plan, if any) does not affect the right of the child to 
receive FAPE under Part B of the IDEA or Section 504, and the 
respective implementing regulations.
    (2) Requirements for Non-Tribal Applicants.
    (a) For an applicant that is not a Tribe, if 50 percent or more of 
the total student population of the schools to be served by the project 
consists of members of one Tribe, documentation that that Tribe is a 
partner for the proposed project.
    (b) For an applicant that is an LEA or State educational agency 
(SEA) and is not required by Application Requirement (2)(a) to partner 
with a specific Tribe, documentation that at least one Tribe or Indian 
organization is a partner for the proposed project.
    (3) Requirements for an Applicant Not Proposing a Planning Period. 
The following requirements apply only to an applicant that does not 
propose a planning period. Such an applicant must include in its 
application--
    (a) A description of the service selection method required in Sec.  
263.25(c), as described in Program Requirement (3) of this notice;

[[Page 43571]]

    (b) A description of the parent involvement and feedback process 
required in Sec.  263.25(d), as described in Program Requirement (4) of 
this notice;
    (c) A sample of the written agreement required in Sec.  263.25(e), 
as described in Program Requirement (5) of this notice;
    (d) A description of the process that will be used to choose 
students to be served required in section 263.25(f), as described in 
Program Requirement (6) of this notice.
    Program Requirements: For FY 2020 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, applicants must adhere to the following program 
requirements from 34 CFR 263.25. Each project must--
    (1) Include the following, which are chosen by the grantee, or for 
LEAs and SEAs, the grantee and its partnering Tribe or Indian 
organization:
    (a) A project focus and specific services that are based on the 
needs of the local community; and
    (b) Service providers;
    (2) Include more than one education option from which parents and 
students may choose, which may include--
    (a) Native language, history, or culture courses;
    (b) Advanced, remedial, or elective courses, which may be online;
    (c) Apprenticeships or training programs that lead to industry 
certifications;
    (d) Concurrent and dual enrollment;
    (e) Tuition for private school or home education expenses;
    (f) Special education and related services that supplement, and are 
not part of, the special education and related services, supplementary 
aids and services, and program modifications or supports for school 
personnel required to make available a free appropriate public 
education (FAPE) under Part B of the IDEA to a child with a disability 
in conformity with the child's individualized education program (IEP) 
or the regular or special education and related aids and services 
required to ensure FAPE under Section 504 of the Rehabilitation Act of 
1973 (Section 504);
    (g) Books, materials, or education technology, including learning 
software or hardware that are accessible to all children;
    (h) Tutoring;
    (i) Summer or afterschool education programs, and student 
transportation needed for those specific programs. Such programs could 
include instruction in the arts, music, or sports, to the extent that 
the applicant can demonstrate that such services are culturally related 
or are supported by evidence that suggests the services may have a 
positive effect on relevant education outcomes;
    (j) Testing preparation and application fees, including for private 
school and graduating students;
    (k) Supplemental counseling services, not to include psychiatric or 
medical services; or
    (l) Other education-related services that are reasonable and 
necessary for the project;
    (3) Provide a method to enable parents and students to select 
services. Such a method must--
    (a) Ensure that funds will be transferred directly from the grantee 
to the selected service provider; and
    (b) Include service providers other than the applicant, although 
the applicant may be one of the service providers;
    (4) Include a parent involvement and feedback process that--
    (a) Describes a way for parents to request services or providers 
that are not currently offered and provide input on services provided 
through the project, and describes how the grantee will provide parents 
with written responses within 30 days; and
    (b) May include a parent liaison to support the grantee in outreach 
to parents, inform parents and students of the timeline for the 
termination of the project, and assist parents and the grantee with the 
process by which a parent can request services or providers not already 
specified by the grantee;
    (5) Include a written agreement between the grantee and each 
service provider under the project. Each agreement must include--
    (a) A nondiscrimination clause that--
    (i) Requires the provider to abide by all applicable 
non[hyphen]discrimination laws with regard to students to be served, 
e.g., on the basis of race, color, national origin, religion, sex, or 
disability; and
    (ii) Prohibits the provider from discriminating among students who 
are eligible for services under this program, i.e., that meet the 
definition of ``Indian'' in section 6151 of the ESEA, on the basis of 
affiliation with a particular Tribe;
    (b) A description of how the grantee will oversee the service 
provider and hold the provider accountable for--
    (i) The terms of the written agreement; and
    (ii) The use of funds, including compliance with generally accepted 
accounting procedures and Federal cost principles;
    (c) A description of how students' progress will be measured; and
    (d) A provision for the termination of the agreement if the 
provider is unable to meet the terms of the agreement;
    (6) Include a fair and documented process to choose students to be 
served, such as a lottery or other transparent criteria (e.g., based on 
particular types of need), in the event that the number of requests 
from parents of eligible students or from students for services under 
the project exceeds the available capacity, with regard to the number 
or intensity of services offered;
    (7) Ensure that--
    (a) At least 80 percent of grant funds are used for direct services 
to eligible students, provided that, if a grantee requests and receives 
approval for a planning period, not to exceed 12 months, the 80 percent 
requirement does not apply to that planning period;
    (b) Not more than 15 percent of grant funds are used on the service 
selection method described in Program Requirement (4) or the parent 
involvement and feedback process described in Program Requirement (5), 
except in an authorized planning period; and
    (c) No grant funds are used to establish or develop the capacity of 
entities or individuals that are or may become service providers under 
this project;
    (8) For a grantee that receives approval for a planning period, not 
to exceed 12 months, submit to the Department prior to the end of that 
period the following documents:
    (a) A description of the operational service selection process that 
meets Program Requirement (3).
    (b) A description of the operational parent involvement and 
feedback process that meets Program Requirement (4).
    (c) A sample of the written agreement that meets Program 
Requirement (5), and a list of providers with whom the grantee has 
signed written agreements.
    (d) A description of the process that will be used to choose 
students to be served in the event that the demand for services exceeds 
the available capacity, as described in Program Requirement (6).
    Statutory Hiring Preference:
    (a) Awards that are primarily for the benefit of Indians are 
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638). That 
section requires that, to the greatest extent feasible, a grantee--
    (1) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C.

[[Page 43572]]

1452(e)), preference in the award of contracts in connection with the 
administration of the grant.
    (b) For purposes of this preference, an Indian is a member of any 
federally recognized Indian Tribe. Definitions: The following 
definitions are from 34 CFR 263.20.
    Federally supported elementary or secondary school for Indian 
students means an elementary or secondary school that is operated or 
funded, through a contract or grant, by the Bureau of Indian Education.
    Indian means an individual who is--
    (1) A member of an Indian Tribe or band, as membership is defined 
by the Indian Tribe or band, including any Tribe or band terminated 
since 1940, and any Tribe or band recognized by the State in which the 
Tribe or band resides;
    (2) A descendant of a parent or grandparent who meets the 
requirements described in paragraph (1) of this definition;
    (3) Considered by the Secretary of the Interior to be an Indian for 
any purpose;
    (4) An Eskimo, Aleut, or other Alaska Native; or
    (5) A member of an organized Indian group that received a grant 
under the Indian Education Act of 1988 as it was in effect on October 
19, 1994.
    Indian organization means an organization that--
    (1) Is legally established--
    (i) By Tribal or inter-Tribal charter or in accordance with State 
or Tribal law; and
    (ii) With appropriate constitution, by-laws, or articles of 
incorporation;
    (2) Includes in its purposes the promotion of the education of 
Indians;
    (3) Is controlled by a governing board, the majority of which is 
Indian;
    (4) If located on an Indian reservation, operates with the sanction 
or by charter of the governing body of that reservation;
    (5) Is neither an organization or subdivision of, nor under the 
direct control of, any institution of higher education or TCU; and
    (6) Is not an agency of State or local government.
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare).
    Tribal College or University (TCU) means an accredited college or 
university within the United States cited in section 532 of the Equity 
in Educational Land-Grant Status Act of 1994, any other institution 
that qualifies for funding under the Tribally Controlled College or 
University Assistance Act of 1978, and the Navajo Community College, 
authorized in the Navajo Community College Assistance Act of 1978.
    Program Authority: 20 U.S.C. 7441.
    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 program regulations in 34 CFR part 263.

    Note:  The open licensing requirement in 2 CFR 3474.20 does not 
apply to this program.


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


    Note:  The regulations in 34 CFR part 86 apply to institutions 
of higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $15,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent fiscal years 
from the list of unfunded applications from this competition.
    Estimated Range of Awards: $500,000-$1,500,000, depending on the 
number of students to be served and, if applicable, the per-pupil 
amount proposed.
    Estimated Average Size of Awards: $1,000,000.
    Estimated Number of Awards: 15-20.

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

    Project Period: Up to 60 months. We will award grants for an 
initial period of not more than three years and may renew such grants 
for an additional period of not more than two years if we find that the 
grantee is achieving the objectives of the grant.

III. Eligibility Information

    1. Eligible Applicants. The following entities, either alone or in 
a consortium, are eligible under this program:
    (a) An SEA.
    (b) An LEA.
    (c) An Indian Tribe.
    (d) An Indian organization.
    (e) A federally supported elementary school or secondary school for 
Indian students.
    (f) A TCU.
    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.
    4. Other: Projects funded under this competition should budget for 
a two-day Project Directors' meeting in Washington, DC during each year 
of the project period.

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 Demonstration 
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 by posting them on our website, you may wish to request 
confidentiality of business information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. However, 
under 34 CFR

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79.8(a), we waive intergovernmental review in order to make awards by 
the end of FY 2020.
    4. Funding Restrictions: Under ESEA section 6121(e), no more than 
five percent of funds awarded for a grant under this program may be 
used for administrative purposes, and for grants made using FY 2020 
funds this administrative cost cap applies only to direct 
administrative costs, not indirect costs.
    Under 34 CFR 263.25(g), grantees must spend at least 80 percent of 
their grant funds on direct services to eligible students. If 
applicants propose a planning period in the first year of the grant, 
this 80 percent limit does not apply to that period. Grantees are also 
prohibited from spending more than 15 percent of grant funds on the 
service selection method or the parent involvement and feedback 
process, except in a planning period. Grantees are also prohibited from 
using grant funds to establish or develop the capacity of entities or 
individuals that are or may become service providers under this 
project.
    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, the letter(s) of support, or the signed consortium 
agreement. However, the recommended page limit does apply to all of the 
application narrative. An application will not be disqualified if it 
exceeds the recommended page limit.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name and a contact person's name 
and email address. Applicants that do not submit a notice of intent to 
apply may still apply for funding; applicants that do submit a notice 
of intent to apply are not bound to apply or bound by the information 
provided.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 and 34 CFR 263.24. The source of each selection 
criterion, and the maximum score for addressing each criterion and 
factor within each criterion, is included in parentheses. The maximum 
score for these criteria is 100 points.
    (a) Quality of the project design (25 points). The Secretary 
considers the following factors in determining the quality of the 
project design:
    (1) The extent to which the project is designed to improve student 
and parent satisfaction with the student's overall education 
experience, as measured by pre- and post-project data. (5 points) (34 
CFR 263.24(c)(1))
    (2) The extent to which the applicant proposes a fair and neutral 
process of selecting service providers that will result in high-quality 
options from which parents and students can select services. (5 points) 
(34 CFR 263.24(c)(2))
    (3) The quality of the proposed plan to inform parents and students 
about available service choices under the project, and about the 
timeline for termination of the project. (5 points) (34 CFR 
263.24(c)(3))
    (4) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable. 
(10 points) (34 CFR 75.210(c)(2)(i))
    (b) Quality of project services (25 points). The Secretary 
considers the following factors in determining the quality of project 
services:
    (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. (3 points) (34 CFR 
75.210(d)(2))
    (2) The extent to which the project would offer high-quality 
choices of services, including culturally relevant services, and 
providers, for parents and students to select. (9 points) (34 CFR 
263.24(b)(1))
    (3) The extent to which the services to be offered would meet the 
needs of the local population, as demonstrated by an analysis of 
community-level data, including direct input from parents and families 
of Indian children and youth. (9 points) (34 CFR 263.24(b)(2))
    (4) The quality of the plan to ensure that the services to be 
offered are evidence-based, where applicable, or are based on existing 
evidence-based programs that have been modified to be culturally 
appropriate for Indian students. (4 points) (34 CFR 263.24(b)(3))
    (c) Reasonableness of budget (20 points). The Secretary considers 
the following factors in determining the reasonableness of the project 
budget:
    (1) The extent to which the budget reflects the number of students 
to be served and a per-pupil amount for services, based only on direct 
costs for student services, that is reasonable in relation to the 
project objectives; (10 points) (34 CFR 263.24(d)(1))
    (2) The extent to which the per-pupil costs of specific services 
and per-pupil funds available are transparent to parents and other 
stakeholders. (10 points) (34 CFR 263.24(d)(2))
    (d) Quality of the management plan (30 points). In determining the 
quality of the management plan for the proposed project, the Secretary 
considers the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks. (10 points) (34 CFR 75.210(g)(2)(i))
    (2) The quality of the applicant's plan to oversee service 
providers and ensure that students receive high-quality services under 
the project. (20 points) (34 CFR 263.24(c)(4))
    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

[[Page 43574]]

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 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. 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: The Department has established the 
following Government Performance and Results Act of 1993 (GPRA) 
performance measures for the Demonstration program:
    (1) The total number of options from which participating students 
can choose.
    (2) The number of options offered from which participating students 
can choose education-related services that are culturally relevant, as 
determined by the grantee.
    (3) The number of grantees that meet their educational outcome 
objectives (e.g., decreased school suspension rates, increased 
graduation rates, increased school attendance, etc.), as defined by the 
grantee.
    (4) The total number of students served.
    (5) The percentage of parents who report that the number and 
variety of options offered meet their children's needs.
    (6) The percentage of parents who report that the quality of 
options offered meet their children's needs.
    (7) The average time it took a grantee to respond to requests for 
specific services.
    (8) The percentage of parent requests for additional services that 
resulted in adding new services to the offerings.
    These measures constitute the Department's indicators of success 
for this program. Consequently, we advise an applicant for a grant 
under this program to carefully consider these measures in 
conceptualizing the approach to, and evaluation for, its proposed 
project. Each grantee will be required to provide, in its annual 
performance and final reports, data about its progress in meeting these 
measures.
    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

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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. 2020-15542 Filed 7-16-20; 8:45 am]
BILLING CODE 4000-01-P