Proposed Priorities and Requirement-Innovative Approaches to Literacy, 17757-17762 [2021-07027]
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Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Proposed Rules
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone that would
last 8 hours on each of two days and
that would prohibit entry on less than
a half-mile stretch of the Sabine River in
Orange, TX. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive. If
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
PART 165—REGULATED NAVIGATION
AREA AND LIMITED ACCESS AREAS
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and
public comments, will be in our online
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0170 to read as
follows:
■
§ 165.T08–0170
Orange, Texas.
Safety Zone; Sabine River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Sabine River, extending the entire width
of the river, adjacent to the public boat
ramp located in Orange, TX bounded to
the north by the Orange Public Wharf
and latitude 30°05′50″ N and to the
south at latitude 30°05′33″ N. The
duration of the safety zone is intended
to protect participants, spectators, and
other persons and vessels, in the
navigable waters of the Sabine River
during high-speed boat races and will
include breaks and opportunity for
vessels to transit through the regulated
area.
(b) Effective period. This section is
effective from 10 a.m. through 6 p.m. on
May 22, 2021 and May 23, 2021.
(c) Enforcement periods. This section
will be enforced from 10 a.m. through
6 p.m. daily.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry of vessels or persons
into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Port Arthur (COTP)
or a designated representative. They
may be contacted on VHF–FM channel
13 or 16, or by phone at by telephone
at 409–719–5070.
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(2) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(3) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(4) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: March 23, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Zone Port Arthur.
[FR Doc. 2021–06398 Filed 4–5–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2021–OESE–0036]
Proposed Priorities and Requirement—
Innovative Approaches to Literacy
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed priorities and
requirement.
AGENCY:
The Department of Education
(Department) proposes to establish four
priorities and one requirement under
the Innovative Approaches to Literacy
(IAL) program, Assistance Listing
Number 84.215G. We may use one or
more of these priorities and this
requirement for competitions in fiscal
year (FY) 2021 and later years. The
proposed priorities are intended to
expand the range of applicants
benefiting from Federal funding and
promote greater innovation, by
supporting students in urban areas and
students from low-income families. The
proposed priorities are also designed to
SUMMARY:
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enhance the coordination between local
educational agencies (LEAs) and school
libraries, particularly in carrying out
literacy activities, and promote learning
environments that are racially,
ethnically, culturally, disability and
linguistically responsive and inclusive,
supportive, and identity-safe.
DATES: We must receive your comments
on or before May 6, 2021.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘FAQ.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about the proposed
priorities and requirement, address
them to Simon Earle, U.S. Department
of Education, 400 Maryland Avenue
SW, Room 3E254, Washington, DC
20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Simon Earle, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E254, Washington, DC 20202–
6450. Telephone: (202) 453–7923.
Email: Simon.Earle@ed.gov.
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:
Invitation to Comment: We invite you
to submit comments regarding this
document. To ensure that your
comments have maximum effect in
developing the notice of final priorities
and requirement, we urge you to
identify clearly the specific section of
the proposed priorities and requirement
that each comment addresses.
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In addition to your general comments,
recommended clarifications, and
specific input on the proposed priorities
and requirement, we are particularly
interested in your feedback on the
following questions:
(1) In Proposed Priority 3, the
Department proposes that an LEA
would be considered ‘‘urban’’ if it is
assigned a National Center for
Education Statistics (NCES) locale code
of 11, 12, or 13. Are NCES locale codes
the most appropriate indicator of
urbanicity for the purposes of the
proposed priority, or are there other
indicators we should consider?
(2) The Department seeks to
streamline the application process and
minimize applicant burden and
confusion. Under Proposed Priority 4,
an applicant must demonstrate the
extent to which it meets the priority
using data from the most recent U.S.
Census Bureau’s Small Area Income and
Poverty Estimates (SAIPE) program.
Under the statutory eligibility
requirements for this program, an
applicant must use SAIPE data to
demonstrate that the LEA or LEAs
receiving a grant, or to be served by the
proposed project, have student
populations with at least 20 percent of
students from families living below the
poverty line. We believe that using the
same data source that must be used for
eligibility determinations (i.e., SAIPE
data) for the proposed priority, with
different percentage thresholds, would
minimize confusion and burden on
applicants. Are there poverty data
sources we should consider using for
the proposed priority other than SAIPE
that would also achieve these goals?
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from the proposed
priorities and requirement. Please let us
know of any further ways we could
reduce potential costs or increase
potential benefits while preserving the
effective and efficient administration of
our program.
During and after the comment period,
you may inspect all public comments
about the proposed priorities and
requirement by accessing
Regulations.gov. Due to the novel
coronavirus 2019 (COVID–19)
pandemic, the Department buildings are
currently not open to the public.
However, upon reopening you may also
inspect the comments in person in
Room 3E254, 400 Maryland Avenue
SW, Washington, DC, between the hours
of 8:30 a.m. and 4:00 p.m., Eastern time,
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Monday through Friday of each week
except Federal holidays.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this document. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The IAL program
supports high-quality programs
designed to develop and improve
literacy skills for children and students
from birth through 12th grade in highneed LEAs and schools. The Department
intends to promote innovative literacy
programs that support the development
of literacy skills in low-income
communities, including programs that:
(1) Develop and enhance effective
school library programs, which may
include providing professional
development for school librarians,
books, and up-to-date materials to highneed schools; (2) provide early literacy
services, including pediatric literacy
programs through which, during wellchild visits, medical providers trained
in research-based methods of early
language and literacy promotion
provide developmentally appropriate
books and recommendations to parents
to encourage them to read aloud to their
children starting in infancy; and (3)
provide high-quality books on a regular
basis to children and adolescents from
low-income communities to increase
reading motivation, performance, and
frequency.
Program Authority: 20 U.S.C. 6646.
Proposed Priorities
This document contains four
proposed priorities.
Proposed Priority 1—Projects, Carried
Out in Coordination with School
Libraries, for Book Distribution,
Childhood Literacy Activities, or Both.
Background: The Explanatory
Statement for Division H of the
Consolidated Appropriations Act, 2021
(Pub. L. 116–260) (2021 Appropriations
Explanatory Statement) includes
language directing the Department to
reserve no less than 50 percent of funds
under the IAL program for grants to
develop and enhance effective school
library programs, which may include
providing professional development to
school librarians and books and up-todate materials to high-need schools. 166
Cong. Rec. H8634, 2020. As early as
1992, researchers have found through
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various studies that there is a positive
correlation between high-quality library
activities and student achievement. In
addition, newer studies, conducted over
the last several years, show that strong
school libraries are also associated with
other important indicators of student
success, including graduation rates and
mastery of academic standards. In fact,
these studies have often found that the
benefits associated with good library
programs are strongest for the most
vulnerable and at-risk learners,
including students of color, low-income
students, and students with
disabilities.1 Ensuring that children
have access to books and childhood
literacy activities and are being read to
before they can read, is critical to setting
them up for future literacy.
Proposed Priority:
Projects that propose to coordinate
with school libraries to carry out grant
activities, such as book distributions,
childhood literacy activities, or both, for
the proposed project.
Proposed Priority 2—Providing a
Learning Environment That Is Racially,
Ethnically, Culturally, Disability and
Linguistically Responsive and Inclusive,
Supportive, and Identity-safe.
Background: The school-age
population in the United States is
becoming more racially and ethnically
diverse. According to the 2018 report,
Status and Trends in the Education of
Racial and Ethnic Groups, in the fall
2015, approximately 30 percent of
public school students attended schools
in which the combined enrollment of
students of color was at least 75 percent
of total enrollment, and about 4.9
million public school students were
identified as English learners (EL).2
To provide all students with learning
opportunities, it is critical that school
districts work to create environments
that validate and reflect the diversity,
identities, and experiences of all
students, including students with
disabilities. Acknowledging and
addressing racial, ethnic, cultural,
disability and linguistic differences
through program design can help
support students from all backgrounds.
As described below, when students
see that their unique differences,
identities, and experiences are actively
acknowledged and valued in the
learning environment, they are more
likely to be engaged in the learning
process. This, in turn, contributes to
what has been called an ‘‘identity-safe’’
learning environment. According to the
authors Dorothy Steele and Becki CohnVargas, ‘‘Identity-safe classrooms are
those in which teachers strive to assure
students that their social identities are
an asset rather than a barrier to success
in the classroom. And, through strong
positive relationships and opportunities
to learn, they feel they are welcomed,
supported, and valued as members of
the learning community.’’ 3
The related concept of ‘‘windows and
mirrors’’ was developed in the work of
Dr. Rudine Sims Bishop. Dr. Bishop
wrote that: ‘‘When children cannot find
themselves reflected in the books they
read, or when the images they see are
distorted, negative, or laughable, they
learn a powerful lesson about how they
are devalued in the society of which
they are a part. Our classrooms need to
be places where all the children from all
the cultures that make up the salad bowl
of American society can find their
mirrors. Children from dominant social
groups have always found their mirrors
in books, but they, too, have suffered
from the lack of availability of books
about others. They need books that will
help them understand the multicultural
nature of the world they live in, and
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their place as a member of just one
group, as well as their connections to all
other humans.’’ 4
Proposed Priority:
Projects designed to be responsive to
racial, ethnic, cultural, disability and
linguistic differences in a manner that
creates inclusive, supportive, and
identity-safe learning environments.
In its application, the applicant
must—
(a) Describe the types of racially,
ethnically, culturally, disability status
and linguistically responsive program
design elements that the applicant
proposes to include in its project; and
(b) Explain how its program design
will create inclusive, supportive, and
identity-safe environments.
Proposed Priority 3—Supporting
Students in Urban Areas.
Background: A consistent challenge
facing schools and LEAs in urban areas
is the lack of resources. ‘‘Each year, it
seems, urban schools serve larger
concentrations of poor students, racial
minorities, and ELs. As higher-income
families depart, resources go with them,
and schools are faced with the daunting
prospect of doing more with less.’’ 5
Additionally, there is a need to ensure
that students in urban schools have
access to appropriate and necessary
resources key to achieving educational
gains. The 2021 Appropriations
Explanatory Statement includes
language directing the Department to
ensure that grants are distributed among
eligible entities that will serve
geographically diverse areas, including
underserved communities in urban
school districts. 166 Cong. Rec. H8634,
2020. For the purposes of this proposed
priority, we propose to consider an LEA
to be ‘‘urban’’ if it is assigned one of the
following NCES locale codes: 6
Locale code
Type of city
Territory
11 ......................
12 ......................
Large ..............
Midsize ...........
13 ......................
Small ..............
Inside an Urbanized Area and inside a Principal City with a Population of 250,000 or more.
Inside an Urbanized Area and inside a Principal City with a population less than 250,000 and greater than
or equal to 100,000.
Inside an Urbanized Area and inside a Principal City with a population less than 100,000.
Proposed Priority:
Projects that are designed to serve one
or more urban LEAs. In its application,
an applicant must demonstrate one of
the following:
(a) The applicant is an eligible LEA or
consortium of eligible LEAs with a
locale code of 11, 12, or 13; or
(b) The applicant is a national
nonprofit that proposes to serve schools
within eligible LEAs all of which have
a locale code of 11, 12, or 13.
Note: Applicants should retrieve
locale codes from the NCES School
District search tool (https://nces.ed.gov/
ccd/districtsearch/), searching by LEA.
Proposed Priority 4—Supporting
Students from Low-Income Families.
1 Lance, K.C. & Kachel, D.E. (2018). Why school
librarians matter: What years of research tell us.
PDK International. https://kappanonline.org/lancekachel-school-librarians-matter-years-research/.
2 https://nces.ed.gov/programs/raceindicators/
index.asp.
3 Steele, D. M. & Cohn-Vargas, B. (2013). Identify
Safe Classrooms. Thousand Oaks, Corwin. https://
www.identitysafeclassrooms.com/.
4 https://scenicregional.org/wp-content/uploads/
2017/08/Mirrors-Windows-and-Sliding-GlassDoors.pdf.
5 Schneider, J. (2017). The Urban-School Stigma.
The Atlantic. https://www.theatlantic.com/
education/archive/2017/08/the-urban-schoolstigma/537966/.
6 https://nces.ed.gov/surveys/urbaned/
definitions.asp.
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Background: To be an eligible LEA
under the IAL program, 20 percent or
more of the students served by the LEA
must be from families with an income
below the poverty line. 20 U.S.C.
6646(b)(1)(A). The 2021 Appropriations
Explanatory Statement directs the
Department to ensure that grants are
distributed among eligible entities that
will serve geographically diverse areas,
including rural areas and underserved
communities in urban school districts,
in which students from low-income
families make up at least 50 percent of
enrollment. 166 Cong. Rec. H8634,
2020.
We believe that targeting IAL grants to
low-income LEAs is critically
important. According to the World
Literacy Foundation, more than 60
percent of low-income families have no
children’s books in their homes.7 In
proposing this priority, we also
carefully consider added burden on
prospective applicants. For reasons
discussed earlier, we believe that the
appropriate data source for this
proposed priority is SAIPE. In response
to the congressional directive, we
researched how many LEAs across the
country, urban and otherwise, serve at
least 50 percent of students from
families living below the poverty line,
and determined that this threshold may
be too rigorous. In order to address the
congressional directive and ensure we
are meaningfully prioritizing LEAs that
serve high percentages of low-income
families, we propose six poverty
thresholds from which the Department
may choose to use in a notice inviting
applications for IAL grants.
Proposed Priority:
Projects that serve students from lowincome families or that serve LEAs
serving students from low-income
families. In its application, an applicant
must demonstrate, based on SAIPE data
from the U.S. Census Bureau or, for an
LEA for which SAIPE data are not
available, the same State-derived
equivalent of SAIPE-data that the State
uses to make allocations under part A of
title I of the Elementary and Secondary
Education Act of 1965, as amended
(ESEA), one or more of the following:
(a) At least 25 percent of the students
enrolled in each of the LEAs to be
served by the proposed project are from
families with an income below the
poverty line.
(b) At least 30 percent of the students
enrolled in each of the LEAs to be
served by the proposed project are from
families with an income below the
poverty line.
7 https://worldliteracyfoundation.org/northamerica/.
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(c) At least 35 percent of the students
enrolled in each of the LEAs to be
served by the proposed project are from
families with an income below the
poverty line.
(d) At least 40 percent of the students
enrolled in each of the LEAs to be
served by the proposed project are from
families with an income below the
poverty line.
(e) At least 45 percent of the students
enrolled in each of the LEAs to be
served by the proposed project are from
families with an income below the
poverty line.
(f) At least 50 percent of the students
enrolled in each of the LEAs to be
served by the proposed project are from
families with an income below the
poverty line.
Types of Priorities:
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Proposed Requirement
Background: The types of eligible
applicants listed below follow the
requirements of the IAL statute and are
not considered changed or new.
However, the Department is proposing a
requirement that would clearly define
how an applicant must demonstrate that
it meets the eligibility requirement,
including the data source and
documentation that will be required to
be submitted in the grant application by
an eligible applicant.
Proposed Requirement:
The Department proposes the
following requirement for this program.
We may apply this requirement in any
year in which this program is in effect.
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Eligible Applicants: To be considered
for an award under this competition, an
applicant must be one or more of the
following:
(1) An LEA in which 20 percent or
more of the students served by the LEA
are from families with an income below
the poverty line (as defined in section
8101(41) of the ESEA).
(2) A consortium of such LEAs
described in paragraph (1) above.
(3) The Bureau of Indian Education.
(4) An eligible national nonprofit
organization (as defined in section
2226(b)(2) of the ESEA) that serves
children and students within the
attendance boundaries of one or more
eligible LEAs.
Note: Under the definition of ‘‘poverty
line’’ in section 8101(41) of the ESEA,
the determination of the percentage of
students served by an LEA from families
with an income below the poverty line
is based on the U.S. Census Bureau’s
SAIPE.
An entity that meets the definition of
an LEA in section 8101(30) of the ESEA
and that serves multiple LEAs, such as
a county office of education, an
education service agency, or regional
service education agency, must provide
the most recent SAIPE data for each of
the individual LEAs it serves. To
determine whether the entity meets the
poverty threshold, the Department will
derive the entity’s poverty rate by
aggregating the number of students from
families below the poverty line (as
provided in SAIPE data) in each of the
LEAs the entity serves and dividing it
by the total number of students (as
provided in SAIPE data) in all of the
LEAs the entity serves.
An LEA for which SAIPE data are not
available, such as a non-geographic
charter school, must provide a
determination by the State educational
agency (SEA) that 20 percent or more of
the students aged 5–17 in the LEA are
from families with incomes below the
poverty line based on the same Statederived poverty data the SEA used to
determine the LEA’s allocation under
part A of title I of the ESEA.
Final Priorities and Requirement:
We will announce the final priorities
and requirement in a notice in the
Federal Register. We will determine the
final priorities and requirement after
considering responses to this document
and other information available to the
Department. This document does not
preclude us from proposing additional
priorities, requirements, definitions, or
selection criteria, subject to meeting
applicable rulemaking requirements.
Note: This document does not solicit
applications. In any year in which we
choose to use these priorities and the
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requirement, we invite applications
through a notice in the Federal Register.
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Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the
Office of Management and Budget
(OMB) must determine whether this
proposed regulatory action is
‘‘significant’’ and, therefore, subject to
the requirements of the Executive Order
and subject to review by OMB. Section
3(f) of Executive Order 12866 defines a
‘‘significant regulatory action’’ as an
action likely to result in a rule that
may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
on a reasoned determination that their
benefits justify their costs (recognizing
that some benefits and costs are difficult
to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
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behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We issue the proposed priorities and
requirement only on a reasoned
determination that the benefits would
justify the costs. In choosing among
alternative regulatory approaches, we
selected those approaches that would
maximize net benefits. Based on an
analysis of anticipated costs and
benefits, we believe that the proposed
priorities and requirement are
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
Potential Costs and Benefits
The Department believes that this
proposed regulatory action would not
impose significant costs on eligible
entities, whose participation in our
programs is voluntary, and costs can
generally be covered with grant funds.
As a result, the proposed priorities and
requirement would not impose any
particular burden except when an entity
voluntarily elects to apply for a grant.
The benefits of the proposed priorities
and requirement would outweigh any
associated costs because they would
help ensure that the Department’s
discretionary grant programs select
high-quality applicants to implement
activities that are designed to address
innovative approaches to literacy. In
addition, these proposed priorities and
requirement are specifically targeted to
prioritize applicants from underserved
areas and reduce application burden on
such applicants.
Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum ‘‘Plain
Language in Government Writing’’
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17761
require each agency to write regulations
that are easy to understand.
The Secretary invites comments on
how to make these proposed priorities
and requirement easier to understand,
including answers to questions such as
the following:
• Are the priorities and requirement
in the proposed regulations clearly
stated?
• Do the proposed regulations contain
technical terms or other wording that
interferes with their clarity?
• Does the format of the proposed
regulations (grouping and order of
sections, use of headings, paragraphing,
etc.) aid or reduce their clarity?
• Would the proposed regulations be
easier to understand if we divided them
into more (but shorter) sections?
• Could the description of the
proposed regulations in the
SUPPLEMENTARY INFORMATION section of
this preamble be more helpful in
making the proposed regulations easier
to understand? If so, how?
• What else could we do to make the
proposed regulations easier to
understand?
To send any comments that concern
how the Department could make the
proposed priorities and requirement
easier to understand, see the
instructions in the ADDRESSES section.
Regulatory Flexibility Act Certification
The Secretary certifies that this
proposed regulatory action would not
have a significant economic impact on
a substantial number of small entities.
The U.S. Small Business Administration
Size Standards define proprietary
institutions as small businesses if they
are independently owned and operated,
are not dominant in their field of
operation, and have total annual
revenue below $7,000,000. Nonprofit
institutions are defined as small entities
if they are independently owned and
operated and not dominant in their field
of operation. Public institutions are
defined as small organizations if they
are operated by a government
overseeing a population below 50,000.
Of the impacts we estimate accruing
to grantees or eligible entities, all are
voluntary and related mostly to an
increase in the number of applications
prepared and submitted annually for
competitive grant competitions.
Therefore, we do not believe that the
proposed priorities and requirement
would significantly impact small
entities beyond the potential for
increasing the likelihood of their
applying for, and receiving, competitive
grants from the Department.
E:\FR\FM\06APP1.SGM
06APP1
17762
Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Proposed Rules
Paperwork Reduction Act
khammond on DSKJM1Z7X2PROD with PROPOSALS
The proposed priorities and
requirement contain information
collection requirements that are
approved by OMB under OMB control
number 1894–0006.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
Order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: On request to the
contact person listed under FOR FURTHER
INFORMATION CONTACT, individuals with
disabilities can obtain this document in
an accessible format. The Department
will provide the requestor with an
accessible format that may include Rich
Text Format (RTF) or text format (txt),
a thumb drive, an MP3 file, braille, large
print, audiotape, or compact disc, or
other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of the 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.
Ruth Ryder,
Deputy Assistant Secretary for Policy and
Programs, Office of Elementary and
Secondary Education.
[FR Doc. 2021–07027 Filed 4–5–21; 8:45 am]
BILLING CODE 4000–01–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R08–OAR–2020–0098; FRL–10021–
83–Region 8]
Approval and Promulgation of
Implementation Plans; State of Utah;
Salt Lake City and Provo, Utah PM2.5
Redesignations to Attainment and
Utah State Implementation Plan
Revisions; Availability of Supplemental
Information and Reopening of the
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; availability of
supplemental information and
reopening of the comment period.
AGENCY:
On November 6, 2020, the
Environmental Protection Agency (EPA)
published a notice of proposed
rulemaking to approve redesignation of
the Salt Lake City, Utah and Provo, Utah
nonattainment areas (NAAs) to
attainment for the 2006 24-hour fine
particulate matter with an aerodynamic
diameter less than or equal to a nominal
2.5 microns (PM2.5) National Ambient
Air Quality Standard (NAAQS), and
also acted on multiple related State
Implementation Plan (SIP) submissions.
We also proposed to approve SIP
revisions submitted by the State of Utah
on January 19, 2017; April 19, 2018;
February 4 and 15, 2019; and January
13, May 21, and July 21, 2020. These
SIP submissions include revisions to
Utah Administrative Code (UAC)
Sections R307–110, R307–200, and
R307–300 Series; revisions to Utah SIP
Sections X.B and E; revisions to Utah
SIP Sections IX.H.11, 12, and 13; best
available control measures/best
available control technologies (BACM/
BACT) PM2.5 determinations for Salt
Lake City and Provo; maintenance plans
for the Salt Lake City and Provo areas
for PM2.5; and the request for
redesignation under the 2006 24-hour
PM2.5 standard. Additionally, the EPA
proposed to approve, through parallel
processing, a request to remove startup
and shutdown emission limits for
Kennecott’s Power Plant in the Utah SIP
and the accompanying R307–110–17
revisions (draft dated October 9, 2020).
Due to an administrative error, two
supporting documents were left out of
the docket during the initial comment
period from November 6, 2020 to
December 7, 2020. Thus, the EPA is
providing an additional 30 days for
public comment on these two
supporting documents. In this
document, we are not requesting
SUMMARY:
PO 00000
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comments on any other part of the
November 6, 2020 notice of proposed
rulemaking. The EPA is taking this
action pursuant to the Clean Air Act
(CAA or the Act).
DATES: Written comments must be
received on or before May 6, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2020–0098, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically in www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this action we do not
plan to offer hard copy review of the
docket. Please email or call the person
listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make
alternative arrangements for access to
the docket.
FOR FURTHER INFORMATION CONTACT:
Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6602, ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
E:\FR\FM\06APP1.SGM
06APP1
Agencies
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Proposed Rules]
[Pages 17757-17762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07027]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2021-OESE-0036]
Proposed Priorities and Requirement--Innovative Approaches to
Literacy
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities and requirement.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) proposes to establish
four priorities and one requirement under the Innovative Approaches to
Literacy (IAL) program, Assistance Listing Number 84.215G. We may use
one or more of these priorities and this requirement for competitions
in fiscal year (FY) 2021 and later years. The proposed priorities are
intended to expand the range of applicants benefiting from Federal
funding and promote greater innovation, by supporting students in urban
areas and students from low-income families. The proposed priorities
are also designed to
[[Page 17758]]
enhance the coordination between local educational agencies (LEAs) and
school libraries, particularly in carrying out literacy activities, and
promote learning environments that are racially, ethnically,
culturally, disability and linguistically responsive and inclusive,
supportive, and identity-safe.
DATES: We must receive your comments on or before May 6, 2021.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``FAQ.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about the proposed priorities and
requirement, address them to Simon Earle, U.S. Department of Education,
400 Maryland Avenue SW, Room 3E254, Washington, DC 20202.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Simon Earle, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E254, Washington, DC 20202-
6450. Telephone: (202) 453-7923. 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:
Invitation to Comment: We invite you to submit comments regarding
this document. To ensure that your comments have maximum effect in
developing the notice of final priorities and requirement, we urge you
to identify clearly the specific section of the proposed priorities and
requirement that each comment addresses.
In addition to your general comments, recommended clarifications,
and specific input on the proposed priorities and requirement, we are
particularly interested in your feedback on the following questions:
(1) In Proposed Priority 3, the Department proposes that an LEA
would be considered ``urban'' if it is assigned a National Center for
Education Statistics (NCES) locale code of 11, 12, or 13. Are NCES
locale codes the most appropriate indicator of urbanicity for the
purposes of the proposed priority, or are there other indicators we
should consider?
(2) The Department seeks to streamline the application process and
minimize applicant burden and confusion. Under Proposed Priority 4, an
applicant must demonstrate the extent to which it meets the priority
using data from the most recent U.S. Census Bureau's Small Area Income
and Poverty Estimates (SAIPE) program. Under the statutory eligibility
requirements for this program, an applicant must use SAIPE data to
demonstrate that the LEA or LEAs receiving a grant, or to be served by
the proposed project, have student populations with at least 20 percent
of students from families living below the poverty line. We believe
that using the same data source that must be used for eligibility
determinations (i.e., SAIPE data) for the proposed priority, with
different percentage thresholds, would minimize confusion and burden on
applicants. Are there poverty data sources we should consider using for
the proposed priority other than SAIPE that would also achieve these
goals?
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from the
proposed priorities and requirement. Please let us know of any further
ways we could reduce potential costs or increase potential benefits
while preserving the effective and efficient administration of our
program.
During and after the comment period, you may inspect all public
comments about the proposed priorities and requirement by accessing
Regulations.gov. Due to the novel coronavirus 2019 (COVID-19) pandemic,
the Department buildings are currently not open to the public. However,
upon reopening you may also inspect the comments in person in Room
3E254, 400 Maryland Avenue SW, Washington, DC, between the hours of
8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday of each
week except Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this document. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The IAL program supports high-quality programs
designed to develop and improve literacy skills for children and
students from birth through 12th grade in high-need LEAs and schools.
The Department intends to promote innovative literacy programs that
support the development of literacy skills in low-income communities,
including programs that: (1) Develop and enhance effective school
library programs, which may include providing professional development
for school librarians, books, and up-to-date materials to high-need
schools; (2) provide early literacy services, including pediatric
literacy programs through which, during well-child visits, medical
providers trained in research-based methods of early language and
literacy promotion provide developmentally appropriate books and
recommendations to parents to encourage them to read aloud to their
children starting in infancy; and (3) provide high-quality books on a
regular basis to children and adolescents from low-income communities
to increase reading motivation, performance, and frequency.
Program Authority: 20 U.S.C. 6646.
Proposed Priorities
This document contains four proposed priorities.
Proposed Priority 1--Projects, Carried Out in Coordination with
School Libraries, for Book Distribution, Childhood Literacy Activities,
or Both.
Background: The Explanatory Statement for Division H of the
Consolidated Appropriations Act, 2021 (Pub. L. 116-260) (2021
Appropriations Explanatory Statement) includes language directing the
Department to reserve no less than 50 percent of funds under the IAL
program for grants to develop and enhance effective school library
programs, which may include providing professional development to
school librarians and books and up-to-date materials to high-need
schools. 166 Cong. Rec. H8634, 2020. As early as 1992, researchers have
found through
[[Page 17759]]
various studies that there is a positive correlation between high-
quality library activities and student achievement. In addition, newer
studies, conducted over the last several years, show that strong school
libraries are also associated with other important indicators of
student success, including graduation rates and mastery of academic
standards. In fact, these studies have often found that the benefits
associated with good library programs are strongest for the most
vulnerable and at-risk learners, including students of color, low-
income students, and students with disabilities.\1\ Ensuring that
children have access to books and childhood literacy activities and are
being read to before they can read, is critical to setting them up for
future literacy.
---------------------------------------------------------------------------
\1\ Lance, K.C. & Kachel, D.E. (2018). Why school librarians
matter: What years of research tell us. PDK International. https://kappanonline.org/lance-kachel-school-librarians-matter-years-research/.
---------------------------------------------------------------------------
Proposed Priority:
Projects that propose to coordinate with school libraries to carry
out grant activities, such as book distributions, childhood literacy
activities, or both, for the proposed project.
Proposed Priority 2--Providing a Learning Environment That Is
Racially, Ethnically, Culturally, Disability and Linguistically
Responsive and Inclusive, Supportive, and Identity-safe.
Background: The school-age population in the United States is
becoming more racially and ethnically diverse. According to the 2018
report, Status and Trends in the Education of Racial and Ethnic Groups,
in the fall 2015, approximately 30 percent of public school students
attended schools in which the combined enrollment of students of color
was at least 75 percent of total enrollment, and about 4.9 million
public school students were identified as English learners (EL).\2\
---------------------------------------------------------------------------
\2\ https://nces.ed.gov/programs/raceindicators/index.asp.
---------------------------------------------------------------------------
To provide all students with learning opportunities, it is critical
that school districts work to create environments that validate and
reflect the diversity, identities, and experiences of all students,
including students with disabilities. Acknowledging and addressing
racial, ethnic, cultural, disability and linguistic differences through
program design can help support students from all backgrounds.
As described below, when students see that their unique
differences, identities, and experiences are actively acknowledged and
valued in the learning environment, they are more likely to be engaged
in the learning process. This, in turn, contributes to what has been
called an ``identity-safe'' learning environment. According to the
authors Dorothy Steele and Becki Cohn-Vargas, ``Identity-safe
classrooms are those in which teachers strive to assure students that
their social identities are an asset rather than a barrier to success
in the classroom. And, through strong positive relationships and
opportunities to learn, they feel they are welcomed, supported, and
valued as members of the learning community.'' \3\
---------------------------------------------------------------------------
\3\ Steele, D. M. & Cohn-Vargas, B. (2013). Identify Safe
Classrooms. Thousand Oaks, Corwin. https://www.identitysafeclassrooms.com/.
---------------------------------------------------------------------------
The related concept of ``windows and mirrors'' was developed in the
work of Dr. Rudine Sims Bishop. Dr. Bishop wrote that: ``When children
cannot find themselves reflected in the books they read, or when the
images they see are distorted, negative, or laughable, they learn a
powerful lesson about how they are devalued in the society of which
they are a part. Our classrooms need to be places where all the
children from all the cultures that make up the salad bowl of American
society can find their mirrors. Children from dominant social groups
have always found their mirrors in books, but they, too, have suffered
from the lack of availability of books about others. They need books
that will help them understand the multicultural nature of the world
they live in, and their place as a member of just one group, as well as
their connections to all other humans.'' \4\
---------------------------------------------------------------------------
\4\ https://scenicregional.org/wp-content/uploads/2017/08/Mirrors-Windows-and-Sliding-Glass-Doors.pdf.
---------------------------------------------------------------------------
Proposed Priority:
Projects designed to be responsive to racial, ethnic, cultural,
disability and linguistic differences in a manner that creates
inclusive, supportive, and identity-safe learning environments.
In its application, the applicant must--
(a) Describe the types of racially, ethnically, culturally,
disability status and linguistically responsive program design elements
that the applicant proposes to include in its project; and
(b) Explain how its program design will create inclusive,
supportive, and identity-safe environments.
Proposed Priority 3--Supporting Students in Urban Areas.
Background: A consistent challenge facing schools and LEAs in urban
areas is the lack of resources. ``Each year, it seems, urban schools
serve larger concentrations of poor students, racial minorities, and
ELs. As higher-income families depart, resources go with them, and
schools are faced with the daunting prospect of doing more with less.''
\5\ Additionally, there is a need to ensure that students in urban
schools have access to appropriate and necessary resources key to
achieving educational gains. The 2021 Appropriations Explanatory
Statement includes language directing the Department to ensure that
grants are distributed among eligible entities that will serve
geographically diverse areas, including underserved communities in
urban school districts. 166 Cong. Rec. H8634, 2020. For the purposes of
this proposed priority, we propose to consider an LEA to be ``urban''
if it is assigned one of the following NCES locale codes: \6\
---------------------------------------------------------------------------
\5\ Schneider, J. (2017). The Urban-School Stigma. The Atlantic.
https://www.theatlantic.com/education/archive/2017/08/the-urban-school-stigma/537966/.
\6\ https://nces.ed.gov/surveys/urbaned/definitions.asp.
------------------------------------------------------------------------
Locale code Type of city Territory
------------------------------------------------------------------------
11...................... Large................ Inside an Urbanized
Area and inside a
Principal City with a
Population of 250,000
or more.
12...................... Midsize.............. Inside an Urbanized
Area and inside a
Principal City with a
population less than
250,000 and greater
than or equal to
100,000.
13...................... Small................ Inside an Urbanized
Area and inside a
Principal City with a
population less than
100,000.
------------------------------------------------------------------------
Proposed Priority:
Projects that are designed to serve one or more urban LEAs. In its
application, an applicant must demonstrate one of the following:
(a) The applicant is an eligible LEA or consortium of eligible LEAs
with a locale code of 11, 12, or 13; or
(b) The applicant is a national nonprofit that proposes to serve
schools within eligible LEAs all of which have a locale code of 11, 12,
or 13.
Note: Applicants should retrieve locale codes from the NCES School
District search tool (https://nces.ed.gov/ccd/districtsearch/),
searching by LEA.
Proposed Priority 4--Supporting Students from Low-Income Families.
[[Page 17760]]
Background: To be an eligible LEA under the IAL program, 20 percent
or more of the students served by the LEA must be from families with an
income below the poverty line. 20 U.S.C. 6646(b)(1)(A). The 2021
Appropriations Explanatory Statement directs the Department to ensure
that grants are distributed among eligible entities that will serve
geographically diverse areas, including rural areas and underserved
communities in urban school districts, in which students from low-
income families make up at least 50 percent of enrollment. 166 Cong.
Rec. H8634, 2020.
We believe that targeting IAL grants to low-income LEAs is
critically important. According to the World Literacy Foundation, more
than 60 percent of low-income families have no children's books in
their homes.\7\ In proposing this priority, we also carefully consider
added burden on prospective applicants. For reasons discussed earlier,
we believe that the appropriate data source for this proposed priority
is SAIPE. In response to the congressional directive, we researched how
many LEAs across the country, urban and otherwise, serve at least 50
percent of students from families living below the poverty line, and
determined that this threshold may be too rigorous. In order to address
the congressional directive and ensure we are meaningfully prioritizing
LEAs that serve high percentages of low-income families, we propose six
poverty thresholds from which the Department may choose to use in a
notice inviting applications for IAL grants.
---------------------------------------------------------------------------
\7\ https://worldliteracyfoundation.org/north-america/.
---------------------------------------------------------------------------
Proposed Priority:
Projects that serve students from low-income families or that serve
LEAs serving students from low-income families. In its application, an
applicant must demonstrate, based on SAIPE data from the U.S. Census
Bureau or, for an LEA for which SAIPE data are not available, the same
State-derived equivalent of SAIPE-data that the State uses to make
allocations under part A of title I of the Elementary and Secondary
Education Act of 1965, as amended (ESEA), one or more of the following:
(a) At least 25 percent of the students enrolled in each of the
LEAs to be served by the proposed project are from families with an
income below the poverty line.
(b) At least 30 percent of the students enrolled in each of the
LEAs to be served by the proposed project are from families with an
income below the poverty line.
(c) At least 35 percent of the students enrolled in each of the
LEAs to be served by the proposed project are from families with an
income below the poverty line.
(d) At least 40 percent of the students enrolled in each of the
LEAs to be served by the proposed project are from families with an
income below the poverty line.
(e) At least 45 percent of the students enrolled in each of the
LEAs to be served by the proposed project are from families with an
income below the poverty line.
(f) At least 50 percent of the students enrolled in each of the
LEAs to be served by the proposed project are from families with an
income below the poverty line.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Requirement
Background: The types of eligible applicants listed below follow
the requirements of the IAL statute and are not considered changed or
new. However, the Department is proposing a requirement that would
clearly define how an applicant must demonstrate that it meets the
eligibility requirement, including the data source and documentation
that will be required to be submitted in the grant application by an
eligible applicant.
Proposed Requirement:
The Department proposes the following requirement for this program.
We may apply this requirement in any year in which this program is in
effect.
Eligible Applicants: To be considered for an award under this
competition, an applicant must be one or more of the following:
(1) An LEA in which 20 percent or more of the students served by
the LEA are from families with an income below the poverty line (as
defined in section 8101(41) of the ESEA).
(2) A consortium of such LEAs described in paragraph (1) above.
(3) The Bureau of Indian Education.
(4) An eligible national nonprofit organization (as defined in
section 2226(b)(2) of the ESEA) that serves children and students
within the attendance boundaries of one or more eligible LEAs.
Note: Under the definition of ``poverty line'' in section 8101(41)
of the ESEA, the determination of the percentage of students served by
an LEA from families with an income below the poverty line is based on
the U.S. Census Bureau's SAIPE.
An entity that meets the definition of an LEA in section 8101(30)
of the ESEA and that serves multiple LEAs, such as a county office of
education, an education service agency, or regional service education
agency, must provide the most recent SAIPE data for each of the
individual LEAs it serves. To determine whether the entity meets the
poverty threshold, the Department will derive the entity's poverty rate
by aggregating the number of students from families below the poverty
line (as provided in SAIPE data) in each of the LEAs the entity serves
and dividing it by the total number of students (as provided in SAIPE
data) in all of the LEAs the entity serves.
An LEA for which SAIPE data are not available, such as a non-
geographic charter school, must provide a determination by the State
educational agency (SEA) that 20 percent or more of the students aged
5-17 in the LEA are from families with incomes below the poverty line
based on the same State-derived poverty data the SEA used to determine
the LEA's allocation under part A of title I of the ESEA.
Final Priorities and Requirement:
We will announce the final priorities and requirement in a notice
in the Federal Register. We will determine the final priorities and
requirement after considering responses to this document and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements,
definitions, or selection criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use these priorities and the
[[Page 17761]]
requirement, we invite applications through a notice in the Federal
Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) must determine whether this proposed regulatory action is
``significant'' and, therefore, subject to the requirements of the
Executive Order and subject to review by OMB. Section 3(f) of Executive
Order 12866 defines a ``significant regulatory action'' as an action
likely to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only on a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We issue the proposed priorities and requirement only on a reasoned
determination that the benefits would justify the costs. In choosing
among alternative regulatory approaches, we selected those approaches
that would maximize net benefits. Based on an analysis of anticipated
costs and benefits, we believe that the proposed priorities and
requirement are consistent with the principles in Executive Order
13563.
We also have determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
Potential Costs and Benefits
The Department believes that this proposed regulatory action would
not impose significant costs on eligible entities, whose participation
in our programs is voluntary, and costs can generally be covered with
grant funds. As a result, the proposed priorities and requirement would
not impose any particular burden except when an entity voluntarily
elects to apply for a grant. The benefits of the proposed priorities
and requirement would outweigh any associated costs because they would
help ensure that the Department's discretionary grant programs select
high-quality applicants to implement activities that are designed to
address innovative approaches to literacy. In addition, these proposed
priorities and requirement are specifically targeted to prioritize
applicants from underserved areas and reduce application burden on such
applicants.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
priorities and requirement easier to understand, including answers to
questions such as the following:
Are the priorities and requirement in the proposed
regulations clearly stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make the
proposed priorities and requirement easier to understand, see the
instructions in the ADDRESSES section.
Regulatory Flexibility Act Certification
The Secretary certifies that this proposed regulatory action would
not have a significant economic impact on a substantial number of small
entities. The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant in their field of operation, and
have total annual revenue below $7,000,000. Nonprofit institutions are
defined as small entities if they are independently owned and operated
and not dominant in their field of operation. Public institutions are
defined as small organizations if they are operated by a government
overseeing a population below 50,000.
Of the impacts we estimate accruing to grantees or eligible
entities, all are voluntary and related mostly to an increase in the
number of applications prepared and submitted annually for competitive
grant competitions. Therefore, we do not believe that the proposed
priorities and requirement would significantly impact small entities
beyond the potential for increasing the likelihood of their applying
for, and receiving, competitive grants from the Department.
[[Page 17762]]
Paperwork Reduction Act
The proposed priorities and requirement contain information
collection requirements that are approved by OMB under OMB control
number 1894-0006.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive Order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: On request to the contact person listed under
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can
obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of the 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.
Ruth Ryder,
Deputy Assistant Secretary for Policy and Programs, Office of
Elementary and Secondary Education.
[FR Doc. 2021-07027 Filed 4-5-21; 8:45 am]
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