Applications for Selection as a Performance Partnership Pilot; Performance Partnership Pilots for Disconnected Youth, 48168-48174 [2022-16966]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48168-48174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16966]



[[Page 48168]]

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DEPARTMENT OF EDUCATION


Applications for Selection as a Performance Partnership Pilot; 
Performance Partnership Pilots for Disconnected Youth

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (ED or Department) is issuing a 
notice inviting applications for selection as a performance partnership 
pilot for fiscal year (FY) 2022 under the Performance Partnership 
Pilots for Disconnected Youth (P3) authority. This notice relates to 
the approved information collection under OMB control number 1830-0575.

DATES: Deadline for Transmittal of Applications: October 7, 2022.
    Deadline for Intergovernmental Review: December 6, 2022.
    Deadline for Requests for Technical Assistance (optional): 
September 7, 2022.

FOR FURTHER INFORMATION CONTACT: Braden Goetz, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 10401, Potomac Center Plaza, 
Washington, DC 20202. Telephone: (202) 245-7405. Email: 
[email protected]. Or Corinne Sauri, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 10362, Potomac Center Plaza, 
Washington, DC 20202. Telephone: (202) 245-6412.
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Pilot Opportunity Description

    Purpose of Program: P3 was first authorized by Congress in FY 2014 
by the Consolidated Appropriations Act, 2014 (2014 Act), and the 
authority has been included by Congress in appropriations acts each 
year since FY 2014, most recently in the Consolidated Appropriations 
Act, 2022 (Pub. L. 117-103) (2022 Act). The FY 2022 P3 authority 
enables pilot sites to blend FY 2022 Federal funds and obtain waivers 
of program requirements, including statutory, regulatory, and 
administrative requirements that are barriers to achieving improved 
outcomes for youth-serving programs included in the authority. Under 
P3, pilots can test innovative strategies to achieve significant 
improvements in educational, employment, and other key outcomes for 
disconnected youth using the flexibility provided by P3.
    Background:
    The economic, educational, and social disruption caused by the 
coronavirus disease 2019 (COVID-19) pandemic has erased a decade of 
progress in reducing the percentage of young people ages 16 to 24 in 
the United States who are neither employed nor enrolled in school, also 
known as disconnected youth. Between 2010 and 2019, the percentage of 
youth who were disconnected dropped 27 percent, falling from 14.7 
percent to 10.7 percent. In 2020, however, the youth disconnection rate 
jumped to 12.6 percent; more than 4.8 million young people were neither 
in school nor working, and this population remains a critical area of 
focus as the recovery from the pandemic continues.
    There are large gaps in the percentage of young people ages 16 to 
24 who are disconnected among different racial and ethnic groups. In 
2020, the disconnection rate for white youth was 10.6 percent, while 
the disconnection rates for Black, Hispanic, and Native American youth 
were 19.6 percent, 14.0 percent, and 23.4 percent, respectively. While 
the overall disconnection rate was lowest for Asian youth at 7.3 
percent, there were high rates of disconnection among some Asian 
subgroups, with 17.1 percent of Cambodian youth and 12.9 percent of 
Hmong youth disconnected in 2020.\1\
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    \1\ Lewis, Kristen (2022), A Disrupted Year: How the Arrival of 
COVID-19 Affected Youth Disconnection. New York: Measure of America, 
Social Science Research Council. Retrieved from: https://measureofamerica.org/youth-disconnection-2022/.
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    Preventing and swiftly addressing youth disconnection when it 
occurs is a priority because youth who drop out and never earn a high 
school credential have higher rates of unemployment, lower earnings, 
poorer health and higher rates of mortality, and are more likely to be 
dependent on public assistance than those who earn a high school 
credential.\2\ Interrupted or delayed schooling and employment also can 
have long-lasting consequences. Youth whose completion of high school 
is delayed are significantly less likely to enroll in postsecondary 
education after they do earn their high school credential.\3\ Youth 
whose enrollment in postsecondary education is delayed after high 
school graduation are considerably more likely to drop out than peers 
who enter college immediately following high school.\4\ They also earn 
less as young adults, with one study estimating that those who delay 
entry into postsecondary institutions earn $41,000 less during the 
first 13 years after high school graduation than young adults who 
enrolled in college the semester after high school graduation.\5\ A 
prolonged spell of unemployment experienced by a young adult can have 
an enduring negative consequence on his or her earnings that lasts as 
long as nine years after he or she finds work.\6\
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    \2\ Belfield, C. and Levin, H.M. Eds. (2007). The price we pay: 
Economic and social consequences of inadequate education. 
Washington, DC: Brookings Institution Press. Retrieved from: https://www.brookings.edu/book/the-price-we-pay/.
    \3\ Fogg, N.P. and Harrington, P.E. (2015). From Diplomas to 
Degrees: A Longitudinal Study of the College Enrollment and 
Graduation Outcomes of High School Graduates from the School 
District of Philadelphia. Philadelphia, PA: Drexel University Center 
for Labor Markets and Policy. Retrieved from: https://drexel.edu/~/
media/Files/clmp/diplomas_to_degrees_full_report_2015.pdf.
    \4\ Ibid., and Scott, M.A. and Kennedy, B.B. (2005), ``Pitfalls 
in Pathways: Some Perspectives on Competing Risks Event History 
Analysis in Education Research,'' Journal of Educational and 
Behavioral Statistics, Winter, 2005, Vol. 30, No. 4 (Winter, 2005), 
pp. 413-442. Retrieved from: https://www.jstor.org/stable/3701297.
    \5\ Yuxin Lin, Y. and Ting Liu, V.Y. (2019), Timing Matters: How 
Delaying College Enrollment Affects Earnings Trajectories, CCRC 
Working Paper No. 105. New York, NY: Community College Research 
Center. Retrieved from: https://ccrc.tc.columbia.edu/publications/delaying-college-enrollment-earnings-trajectories.html.
    \6\ Mroz, T.A. and Savage, T.H. (2006). The Long-Term Effects of 
Youth Unemployment. The Journal of Human Resources, Spring, 2006, 
Vol. 41, No. 2 (Spring, 2006), pp. 259-293. Retrieved from: https://www.jstor.org/stable/40057276.
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    P3 may be a useful tool for advancing policy objectives in two 
Executive Orders. President Biden committed the full resources of the 
Federal government to reversing the economic crisis that was caused by 
the COVID-19 pandemic and that continues to persist in some communities 
of color. In Executive Order 14002, Economic Relief Related to the 
COVID-19 Pandemic, he directed Federal agencies to consider actions 
that improve access to, reduce unnecessary barriers to, and improve 
coordination among programs funded in whole or in part by the Federal 
Government.\7\
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    \7\ https://www.federalregister.gov/documents/2021/01/27/2021-01923/economic-relief-related-to-the-covid-19-pandemic.
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    In Executive Order 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government, the President 
committed the Administration to a whole-of-government equity agenda to 
address inequities and systemic racism. Federal agencies were 
challenged to take a comprehensive approach to advancing equity for 
all, including people of color and others who have been underserved, 
marginalized, and adversely affected by persistent poverty

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and inequality.\8\ Pursuant to Executive Order 13985, ED published its 
inaugural equity action plan earlier this year. That plan makes 
expanding access to and completion of an education beyond high school 
an ED priority.\9\
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    \8\ https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government.
    \9\ U.S. Department of Education (2022), 2022 Agency Equity Plan 
related to Executive Order 13985. Retrieved from: https://www2.ed.gov/documents/equity/2022-equity-plan.pdf.
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    P3 gives ED, the Departments of Labor (DOL), Health and Human 
Services (HHS), and Justice (DOJ),\10\ the Corporation for National and 
Community Service (CNCS), and the Institute of Museum and Library 
Services (collectively, the Agencies) authority, provided certain 
conditions and requirements are met, to waive Federal statutory and 
regulatory requirements that inhibit access to assistance and effective 
service delivery for disconnected youth.
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    \10\ DOJ's Office of Justice Programs was first authorized to 
enter into performance agreements by the Consolidated and Further 
Continuing Appropriations Act, 2015.
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    P3 authorizes the Agencies to enter into Performance Partnership 
Agreements (performance agreements) with State, local, or Tribal 
governments. The performance agreements provide pilots with additional 
flexibility in the use of certain of the Agencies' discretionary 
funds,\11\ including competitive and formula grant funds. Pilots must 
include two or more Federal programs (at least one of which is 
administered in whole or in part by a State, local, or Tribal 
government) that are targeted on disconnected youth, or designed to 
prevent youth from disconnecting from school or work, and that provide 
education, training, employment, and other related social services. 
Entities that seek to participate in these pilots must commit to 
achieving significant improvements in outcomes for disconnected youth 
in exchange for flexibility permitted under P3. The authorizing statute 
states that improving outcomes for disconnected youth means increasing 
the rate at which those individuals between the ages of 14 and 24 who 
are low-income and are either homeless, in foster care, involved in the 
juvenile justice system, unemployed, or not enrolled in or at risk of 
dropping out of an educational institution achieve success in meeting 
educational, employment, or other key goals (2014 Act, section 
526(a)(2)).
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    \11\ For the purposes of P3, discretionary funds are funds that 
Congress appropriates on an annual basis, rather than through a 
standing authorization. They exclude ``entitlement'' (or mandatory) 
programs, such as Social Security, Medicare, Medicaid, most Foster 
Care IV-E programs, Vocational Rehabilitation State Grants, and 
Temporary Assistance to Needy Families. Discretionary programs 
administered by the Agencies support a broad set of public services, 
including education, workforce development, health and mental 
health, and other low-income assistance programs.
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    This notice invites applications for selection as FY 2022 pilots 
and offers opportunities for prospective applicants to obtain optional 
technical assistance from the Agencies prior to applying. The purpose 
of the pre-application technical assistance is to help prospective 
applicants identify and propose to address--through waivers, blending 
of funds, or other flexibilities--Federal barriers to effective and 
integrated service delivery that will improve the educational and 
employment outcomes of disconnected youth.
    If interest in technical assistance exceeds the Agencies' capacity 
to provide it, the Agencies will give first priority to assisting 
eligible entities that intend to serve communities that have 
experienced civil unrest because the statutory authority for FY 2022 
directs the Agencies to include such communities among the designated 
pilots. Second priority will be given to requests for technical 
assistance from applicants that propose to serve the highest numbers of 
disconnected youth.

Flexibilities Available Under P3

    P3 provides important opportunities to improve access to Federal 
programs and their effectiveness in addressing the needs of 
disconnected youth. The Agencies have published on Youth.gov a list of 
the waivers previously granted to pilots under the first three rounds 
of P3 in which pilots were designated.\12\ These waivers were helpful 
to the pilots that received them, and, in this latest round, the 
Agencies hope that applicants propose even more ambitious and bold 
efforts to remove Federal constraints on effective, innovative, and 
promising service delivery for disconnected youth. We provide several 
examples below.
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    \12\ The list of previously granted waivers is available at 
https://youth.gov/sites/default/files/P3-Waiver-List-FINAL_2018-12-10.pdf.
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    These examples are provided for illustrative purposes only, and the 
allowability of specific proposals will depend on the unique 
circumstances of individual applicants. Any waivers must be consistent 
with the statutory safeguards that apply to P3, discussed below, and 
the Agencies will consider whether the inclusion of a program in a 
specific pilot is consistent with, or conflicts with, other significant 
legal or policy considerations. Also, the Agencies will review the 
blending of competitive grants on a case-by-case basis to consider how 
the scope, objectives, and target populations of the existing awards 
align with the proposed pilot. Any changes in terms and conditions of 
the existing competitive grant awards required for pilot purposes must 
be justified by the applicant and consistent with the scope and 
objectives of the grantee's application. In addition, the Agencies can 
only waive Federal statutory or regulatory requirements and cannot 
waive State or local requirements. The Agencies encourage applicants to 
analyze whether implementation of their request also requires State or 
local statutory or regulatory flexibilities or waivers, as those rules 
are not under the jurisdiction of the Agencies to waive for P3.
    Example A: P3 can be used to provide stronger support to young 
people as they transition from high school to postsecondary education 
and to careers. Our secondary and postsecondary education systems 
remain fragmented and are often poorly aligned, which limits 
postsecondary education access and success. The road to and through 
postsecondary education is particularly difficult to navigate for young 
people from families with low incomes:
     Twenty percent of students from low-income backgrounds do 
not graduate high school on time with their peers.\13\
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    \13\ National Center for Education Statistics (2021), Digest of 
Education Statistics, Table 219.46: Public high school 4-year 
adjusted cohort graduation rate (ACGR), by selected student 
characteristics and state: 2010-11 through 2018-19.
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     Forty percent of students from low-income backgrounds who 
do graduate from high school do not enroll in postsecondary education 
immediately following graduation.\14\
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    \14\ Pell Institute for the Study of Opportunity in Higher 
Education (2021), Indicators of Higher Education Equity in the 
United States (2021).
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     Twenty-five percent of students from low-income 
backgrounds who do enter postsecondary education immediately following 
high school graduation leave without earning a credential during their 
first two years.\15\
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    \15\ Oseguera, L. (2012). Postsecondary Educational Pathways of 
Low- and Middle/High-Income Youth: Using the Education Longitudinal 
Study (ELS) to Examine Tenth Graders' Transitions from High School. 
Los Angeles, CA: UC/ACCORD. Retrieved from: https://pathways.gseis.ucla.edu/publications/201205_osegueraWP.pdf.
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    These outcomes in high school and postsecondary education have 
prompted calls to reimagine and restructure how we educate young 
people, creating new opportunities and approaches that will

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better meet their needs.\16\ P3 can help communities that are ready to 
respond to the challenge.
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    \16\ Hoffman, Nancy, Vargas, Joel, et al. (2021), The Big Blur: 
An Argument for Erasing the Boundaries Between High School, College, 
and Careers--and Creating One New System That Works for Everyone. 
Boston, MA: Jobs for the Future.
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    For example, a local educational agency (LEA) and a community 
college could partner to combine the last two years of high school with 
the first two years of postsecondary education and obtain waivers under 
P3 to use Federal funds to support this seamless educational experience 
for youth. The partnership could request waivers under P3 to blend and 
consolidate with state and local funds a portion of the LEA's 
allocation under Title I, Part A of the Elementary and Secondary 
Education Act of 1965 (ESEA); some of its subgrant from ESEA Title IV, 
Part A, Subpart 1, Student Support and Academic Enrichment Grants; the 
community college's grants from the Developing Hispanic-serving 
Institutions program authorized under Title V of the Higher Education 
Act of 1965 (HEA), TRIO Student Support Services, and TRIO Upward 
Bound. P3 waivers also could enable the partners to blend their 
subgrants under the Carl D. Perkins Career and Technical Education Act 
of 2006, as amended by the Strengthening Career and Technical Education 
for the 21st Century Act (Perkins V), with Workforce Innovation and 
Opportunity Act (WIOA) Title I Youth funds contributed by the local 
workforce development board to provide all students with paid, part-
time internships. The community college could request P3 waivers that 
permit it to use funds from its Federal Supplemental Educational 
Opportunity Grant,\17\ along with state and local funds, to pay the 
costs of the dual enrollment and postsecondary educational courses 
taken by students during their participation. Another waiver could 
enable the LEA to use funds from its subgrant from ESEA Title II, Part 
A Supporting Effective Instruction State Grants for joint professional 
development for the LEA's teachers and faculty from the community 
college.
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    \17\ The Federal Supplemental Educational Opportunity Grant 
program is authorized by section 413A of the HEA.
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    Example B: P3 enables State, local, and Tribal governments to blend 
dollars from multiple Federal funding streams to provide more 
comprehensive, holistic services for youth without having to allocate 
costs among the contributing programs and separately track and report 
on each source of funding. For example, a State could propose to use P3 
to support a comprehensive education, training, and reentry services 
program for youthful offenders before, during, and after their 
incarceration. Funding for the project could be contributed from the 
Governor's reserve of the State's WIOA Title I Youth program grant, the 
State's Juvenile Justice and Delinquency Prevention Act Title II State 
grant, and the State educational agency's ESEA Title I, Part D grant 
for Prevention and Intervention Programs for Children and Youth Who are 
Neglected, Delinquent, or At-Risk of Dropping Out. The State also could 
propose to use P3 to waive the statutory performance indicators and 
reporting requirements under the three programs, replacing them with 
one set of indicators tailored to match the objectives of the project 
that the State reports on annually. Funds available to the State for 
evaluation under section 116(e)(1) of WIOA could be used to evaluate 
the program.
    Example C: Responding to the Biden-Harris Administration's Talent 
Pipeline Challenge,\18\ a State could propose a pilot that blends Adult 
Education and Family Literacy Act (AEFLA) State leadership funds 
available under section 223 of WIOA with funds available for statewide 
youth activities under Title I of WIOA to provide integrated education 
and training to disconnected youth to prepare them to build public 
electric vehicle charging stations.
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    \18\ Office of the President (2022), Fact Sheet: The Biden-
Harris Administration Launches the Talent Pipeline Challenge: 
Supporting Employer Investments in Equitable Workforce Development 
for Infrastructure Jobs. Retrieved from: https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/17/fact-sheet-the-biden-harris-administration-launches-the-talent-pipeline-challenge-supporting-employer-investments-in-equitable-workforce-development-for-infrastructure-jobs/.
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    Example D: Some Federal programs contain statutory or regulatory 
requirements that limit the duration of an individual's participation 
in a program. Due to service interruptions and disruptions caused by 
the pandemic, participants may not have been able to take full 
advantage of the opportunities provided by a program over the last 
year. A P3 applicant could seek flexibility to waive eligibility 
requirements to extend the duration of an individual's participation in 
the program as part of a larger strategy to compensate for the time and 
learning that youth lost to the pandemic. For example, a State, local, 
or Tribal governmental unit administering a YouthBuild grant \19\ could 
seek to extend program services to individuals beyond 24 months; a 
State recipient of a 7-year Gaining Early Awareness and Readiness for 
Undergraduate Programs grant \20\ could seek to extend services through 
a participant's second year of enrollment in an institution of higher 
education; and a private nonprofit organization managing a Transitional 
Living program grant \21\ for homeless youth could apply in partnership 
with a State, local, or Tribal government to extend the duration of its 
services beyond 540 days or to serve youth older than age 21.
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    \19\ The YouthBuild grant program is authorized by section 171 
of WIOA (29 U.S.C. 3226).
    \20\ The Gaining Early Awareness and Readiness for Undergraduate 
Programs grant program is authorized by section 404A of the HEA (20 
U.S.C. 1070a-21).
    \21\ The Transitional Living grant program is authorized by 
section 321 of the Juvenile Justice and Delinquency Prevention Act 
(34 U.S.C. 11221). For this program, the term ``homeless youth'' is 
defined in 45 CFR 1351.1(f) as ``a person under 18 years of age who 
is in need of services and without a place of shelter where he or 
she receives supervision and care.''
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    Example E: P3 authority can also be used by applicants to propose 
changes to projects funded under multiple Federal grants that are each, 
separately, intended to support programs designed to help disconnected 
youth achieve greater success in meeting their educational and 
employment goals. A public college or university that is considered a 
unit of State or local government could request waivers to blend 
discretionary, non-entitlement student aid funds under Title IV of the 
HEA, dollars received through various Federal formula programs, and 
competitive grant funds in ways that would achieve better outcomes for 
disconnected youth. For example, a public college or university might 
propose to increase the share of the Federal Work Study (FWS) program 
funds available for Job Location and Development programs and waive the 
25 percent cap on the amount of the school's allocation that may be 
used to pay wages to students employed with private, for-profit 
organizations so that it could use more than 25 percent of its FWS 
funds to provide students who are at risk of dropping out with 
subsidized career internships in the private sector that are aligned 
with students' educational and career goals. To help students identify 
their career goals, the college or university could partner with a 
local American Job Center, which uses funds from the WIOA Title I Adult 
program, to provide students with intensive career counseling and 
information relating to local occupations in demand and the earnings 
and skill requirements of those occupations. Similarly, a community

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college could request waivers to blend and use a portion of a TRIO 
Educational Opportunity Center grant and its WIOA Title II AEFLA 
program subgrant to implement an intensive integrated education and 
training (IET) program for young adults who lack a high school 
credential or a state government could request authority to blend AEFLA 
funds with funds from a Second Chance Act grant from the Department of 
Justice to implement an IET program or wraparound academic support 
services for incarcerated individuals to prepare them for the 
reinstatement of Pell Grant eligibility in 2023.
    Example F: P3 waivers can help programs reach currently unserved 
disconnected youth. Current ED regulations for the TRIO programs limit 
participation in these programs to citizens or permanent residents of 
the United States, or individuals who are in the United States for 
other than a temporary purpose who provide evidence from the 
Immigration and Naturalization Service of their intent to become a 
permanent resident.\22\ Applying in partnership with affiliated local 
public institutions of higher education that administer TRIO grants, a 
multi-State consortium of public college or university systems that are 
considered units of State government could seek a waiver of this 
requirement so that their affiliated schools could use TRIO funds to 
serve disconnected youth who qualify for the Deferred Action for 
Childhood Arrivals (DACA) program \23\ or who have Temporary Protected 
Status.\24\
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    \22\ See 34 CFR 643.3 (Talent Search), 34 CFR 644.3 (Educational 
Opportunity Centers), 34 CFR 645.3 (Upward Bound), 34 CFR 646.3 
(Student Support Services), and 34 CFR 647.3 (Ronald E. McNair 
Postbaccalaureate Achievement Program).
    \23\ In 2012, the Department of Homeland Security (DHS) began 
implementing the DACA policy, which allows youth who were brought to 
the United States as children and who meet certain criteria to 
request consideration for deferred action, involving a case-by-case 
determination by DHS not to pursue an individual's removal from the 
United States for an initial two-year period as a matter of 
prosecutorial discretion. DACA recipients can live and go to school 
in the United States and may be eligible to obtain work 
authorization while their deferred action remains in effect. For 
more information, see https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca.
    \24\ The Secretary of Homeland Security may designate a foreign 
country for Temporary Protected Status (TPS) due to conditions in 
the country that temporarily prevent the country's nationals from 
returning safely, or in certain circumstances, where the country is 
unable to handle the return of its nationals adequately. United 
States Citizenship and Immigration Services may grant TPS to 
eligible nationals of certain countries (or parts of countries), who 
are already in the United States. During a designated period, 
individuals who are TPS beneficiaries are not removable from the 
United States and can obtain work authorization. For more 
information, see https://www.uscis.gov/humanitarian/temporary-protected-status.
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    Example G: P3 waivers can make childcare more accessible for youth 
who are parents and pursuing a postsecondary degree or credential but 
at risk of leaving without a degree or credential or employment due to 
the lack of affordable, high-quality childcare. A public college or 
university that receives funds under the Strengthening Institutions 
program authorized by Title III, Part A of the HEA could obtain a 
waiver of the regulatory prohibition against using a portion of these 
funds for childcare services in order to augment the childcare services 
it provides with its Child Care Access Means Parents in School Program 
grant.
    Example H: An LEA could use the P3 authority to create a 
comprehensive educational program to provide support to English 
learners (ELs) to support the successful transition from secondary 
school to postsecondary education and a career in a high-demand field, 
focusing on students who continue to be identified as ELs for more than 
five years, students who enroll with prior educational experiences 
other than formalized learning experiences, or who have special needs. 
Students who are proficient in both their home language and English are 
an asset, including in the labor market. For example, funds available 
under ESEA Title I, Part A and Title III could be used to support dual 
language programs for ELs to support language acquisition, including 
providing high-quality tutoring to support academic achievement. The 
LEA could also use ESEA Title IV, Part A funds to provide targeted 
support for ELs, including ELs with special needs. The LEA could use 
Perkins V funds to support career advising and navigation services and 
cover the costs associated with a CTE dual enrollment pathway or an 
apprenticeship where students can apply multilingual skill sets. The 
local workforce development board could also contribute funds to 
provide paid internships during the summer months.
    Although P3 provides the Agencies broad waiver authority to 
increase flexibility and relieve burden in order to improve the 
effectiveness of Federal funding for disconnected youth, it is 
important to note that there are some limitations on the waivers. In 
particular, as stated in the original statutory authority for P3, the 
P3 waivers--
     May not involve any requirement related to 
nondiscrimination, wage and labor standards, or the allocation of funds 
to State and sub-State levels;
     Must be consistent with the statutory purposes of the 
Federal program for which such discretionary funds were appropriated;
     May not result in denying or restricting the eligibility 
of any individual for any of the services that (in whole or in part) 
are funded by the agency's programs and Federal discretionary funds 
that are involved in the pilot;
     Based on the best available information, may not otherwise 
adversely affect vulnerable populations that are the recipients of such 
services;
     Must be necessary to achieve the outcomes of the pilot as 
specified in the performance agreement, and no broader in scope than is 
necessary to achieve such outcomes; and
     Must result in either: (a) realizing efficiencies by 
simplifying reporting burdens or reducing administrative barriers with 
respect to such discretionary funds; or (b) increasing the ability of 
individuals to obtain access to services that are provided by the 
discretionary funds.

FY 2022

    P3 was reauthorized for FY 2022 for programs administered by all of 
the six Agencies, and the Agencies may select up to 10 pilots.
    An applicant must propose to include FY 2022 funds from at least 
one of the six Agencies.
    If Congress extends the P3 authority in future years, pilots may 
propose to amend the number of Federal programs supporting pilot 
activities using future funding appropriated. However, authority for 
pilots to expand in future years is subject to congressional action as 
well as agency discretion.

Application Requirements

    The application requirements for this opportunity are from the 
notice of final priorities, requirements, definitions, and selection 
criteria for this program published on April 28, 2016, in the Federal 
Register (81 FR 25339) (P3 NFP) and are as follows:
    (a) Executive summary. The applicant must provide an executive 
summary that briefly describes the proposed pilot, the flexibilities 
being sought, and the interventions or systems changes that would be 
implemented by the applicant and its partners to improve outcomes for 
disconnected youth.
    (b) Flexibility, including waivers:
    Federal requests for flexibility, including waivers. For each 
program to be included in a pilot, the applicant must complete Table 1, 
Requested Flexibility. The applicant must identify two or more 
discretionary Federal

[[Page 48172]]

programs that will be included in the pilot,\25\ at least one of which 
must be administered (in whole or in part) by a State, local, or Tribal 
government.\26\ In Table 1, the applicant must identify one or more 
program requirements that would inhibit implementation of the pilot and 
request that the requirement(s) be waived in whole or in part. Examples 
of potential waiver requests and other requests for flexibility 
include, but are not limited to, blending of funds and changes to align 
eligibility requirements, allowable uses of funds, and performance 
reporting.
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    \25\ Applicants are encouraged to consult the list of examples 
of programs that are potentially eligible for inclusion in pilots at 
https://youth.gov/youth-topics/reconnecting-youth/performance-partnership-pilots.
    \26\ Local governments that are requesting waivers of 
requirements in State-administered programs are strongly encouraged 
to consult with the State agencies that administer the programs in 
preparing their applications.

                                                             Table 1--Requested Flexibility
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                                                            Program requirements
           Program name                 Federal agency     to be waived in whole       Statutory or         Name of program      Blending funds?  (yes/
                                                                 or in part        regulatory citation          grantee                    no)
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 Note: Please note in ``Name of Program Grantee'' if the grantee is a State, local, or Tribal government, or nongovernmental entity.

    Program Requirements:
    The program requirement for this opportunity is from the P3 NFP.
    Performance Agreement. Each P3 pilot, along with other non-Federal 
government entities involved in the partnership, must enter into a 
performance agreement that will include, at a minimum, the following 
(as required by section 526(c)(2) of Division H of the 2014 Act):
    (a) The length of the agreement;
    (b) The Federal programs and federally funded services that are 
involved in the pilot;
    (c) The Federal discretionary funds that are being used in the 
pilot;
    (d) The non-Federal funds that are involved in the pilot, by source 
(which may include private funds as well as governmental funds) and by 
amount;
    (e) The State, local, or Tribal programs that are involved in the 
pilot;
    (f) The populations to be served by the pilot;
    (g) The cost-effective Federal oversight procedures that will be 
used for the purpose of maintaining the necessary level of 
accountability for the use of the Federal discretionary funds;
    (h) The cost-effective State, local, or Tribal oversight procedures 
that will be used for the purpose of maintaining the necessary level of 
accountability for the use of the Federal discretionary funds;
    (i) The outcome (or outcomes) that the pilot is designed to 
achieve;
    (j) The appropriate, reliable, and objective outcome measurement 
methodology that will be used to determine whether the pilot is 
achieving, and has achieved, specified outcomes;
    (k) The statutory, regulatory, or administrative requirements 
related to Federal mandatory programs that are barriers to achieving 
improved outcomes of the pilot; and
    (l) Criteria for determining when a pilot is not achieving the 
specified outcomes that it is designed to achieve and subsequent steps, 
including:
    (1) The consequences that will result; and
    (2) The corrective actions that will be taken in order to increase 
the likelihood that the pilot will achieve such specified outcomes.
    Definitions: The following definitions are from the P3 NFP.
    Blended funding is a funding and resource allocation strategy that 
uses multiple existing funding streams to support a single initiative 
or strategy. Blended funding merges two or more funding streams, or 
portions of multiple funding streams, to produce greater efficiency 
and/or effectiveness. Funds from each individual stream lose their 
award-specific identity, and the blended funds together become subject 
to a single set of reporting and other requirements, consistent with 
the underlying purposes of the programs for which the funds were 
appropriated.
    An interim indicator is a marker of achievement that demonstrates 
progress toward an outcome and is measured at least annually.
    Outcomes are the intended results of a program or intervention. 
They are what applicants expect their projects to achieve. An outcome 
can be measured at the participant level (for example, changes in 
employment retention or earnings of disconnected youth) or at the 
system level (for example, improved efficiency in program operations or 
administration).
    A waiver provides flexibility in the form of relief, in whole or in 
part, from specific statutory, regulatory, or administrative 
requirements that have hindered the ability of a State, locality, or 
Tribe to organize its programs and systems or provide services in ways 
that best meet the needs of its target populations. Under P3, waivers 
provide flexibility in exchange for a pilot's commitment to improve 
programmatic outcomes for disconnected youth consistent with underlying 
statutory authorities and purposes.
    Program Authority: Section 523 of Title III, Division H of the 
Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 86, 97, 
98, and 99, and such other regulations as the Agencies may apply based 
on the programs included in a particular pilot. (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 P3 
NFP.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Performance Pilot Designation Information

    Type of Award: Flexibility.
    Estimated Available Funds: None.
    Estimated Number of Designations: 10 pilots.
    Project Period: FY 2022 pilots may operate for as long as FY 2022 
appropriated funds remain available to pilots to obligate to support 
project activities, but not past September 30, 2026.

[[Page 48173]]

III. Eligibility Information

    1. Eligible Applicants: The lead applicant must be a State, local, 
or Tribal government entity, represented by a chief executive, such as 
a governor, mayor, or other elected leader, or the head of a State, 
local, or Tribal agency.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants must submit 
completed applications to [email protected] unless electronic 
submission is not possible. Where electronic submission is not possible 
(e.g., you do not have access to the internet), you must provide a 
written statement that you intend to submit a paper application. Send 
this written statement no later than two weeks before the application 
deadline date (14 calendar days or, if the 14th calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday). If you mail your written statement 
to the Department, it must be postmarked no later than two weeks before 
the application deadline date. Please send this statement to the person 
listed in the FOR FURTHER INFORMATION CONTACT section of this notice. 
If you submit a paper application, you must mail the original and two 
copies of your application, on or before the application deadline date, 
to the Department at the following address: U.S. Department of 
Education, Application Control Center, LBJ Basement Level 1, 400 
Maryland Avenue SW, Washington, DC 20202-4260. You must show proof of 
mailing consisting of one of the following: (1) A legibly dated U.S. 
Postal Service postmark. (2) A legible mail receipt with the date of 
mailing stamped by the U.S. Postal Service. (3) A dated shipping label, 
invoice, or receipt from a commercial carrier. (4) Any other proof of 
mailing acceptable to the Secretary of the U.S. Department of 
Education. If you mail your application through the U.S. Postal 
Service, we do not accept either of the following as proof of mailing: 
(1) A private metered postmark. (2) A mail receipt that is not dated by 
the U.S. Postal Service.
    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.
    We will not consider applications postmarked after the application 
deadline date.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the P3 opportunity, 
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, including performance agreements, and may make all applications 
available, 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, please list the page number or numbers on which we can 
find this information. For additional information please see 34 CFR 
5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    4. Recommended Page Limit: The application narrative is where you, 
the applicant, provide the information specified in the application 
requirements and address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than five 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.
     Use a font that is either 12 point or larger.
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    5. Requests for Technical Assistance: For interested eligible 
entities, the Agencies are offering technical assistance over the next 
several months that will help prospective applicants to identify 
Federal impediments to effective and integrated service delivery for 
disconnected youth and flexibilities that can be removed under P3 and 
to develop an application submission for a P3 pilot. The Agencies want 
to engage with as many eligible entities as possible and will accept 
technical assistance requests on a rolling basis until September 7, 
2022. If interest in technical assistance exceeds the Agencies' 
capacity to provide it, the Agencies will give first priority to 
assisting eligible entities that intend to serve communities that have 
experienced civil unrest, because the statutory authority for FY 2022 
directs the Agencies to include such communities among the designated 
pilots.\27\ Second priority will be given to requests for technical 
assistance from applicants that propose to serve the highest numbers of 
disconnected youth. To request technical assistance, please email 
[email protected] with the subject line ``Request for Technical 
Assistance,'' and include the prospective applicant's name, a contact 
person's name and email address, and the names of the Federal programs 
that the prospective applicant is interested in including in a P3 
pilot. Applicants that do not request technical assistance may still 
apply for designation as a pilot; applicants that do request technical 
assistance are not bound to apply or bound by the information provided 
in their initial request for technical assistance.
---------------------------------------------------------------------------

    \27\ Section 523(a), Title III, Division H, Consolidated 
Appropriations Act, 2022, Public Law 117-103.
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    6. Other Submission Requirements: Applications under this 
opportunity must be submitted electronically unless electronic 
submission is not possible.
    Please note the following:
     The Department is not publishing an application package 
for this program. To submit an application, provide all of the 
information specified in the application requirements. Additionally, 
complete and submit Standard Form 424B, Assurances for Non-Construction 
Programs (available at www2.ed.gov/fund/grant/apply/appforms/appforms.html) with your application.
     The Department must receive your application by 11:59 p.m. 
Eastern Standard Time on October 7, 2022. We will notify you if we are 
rejecting your application because it was received after the 
application deadline date.
     We may request that you provide us original signatures on 
forms at a later date.

V. Application Review Information

    1. Review and Selection Process: The Department will screen 
applications that are submitted in accordance with the requirements in 
this notice and will

[[Page 48174]]

determine which applications are eligible to be read based on whether 
they have met the eligibility and application requirements.
    The Secretary of Education (Secretary) will also consider 
compliance with assurances, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance (such as, for ED programs, 34 
CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    2. Review of Requests for Flexibility, Including Blending of Funds 
and Other Waivers: Representatives of the Agencies that administer 
programs under which flexibility in Federal requirements is sought will 
evaluate whether the flexibility, including blending of funds and other 
waivers, requested by applicants meets the statutory requirements for 
P3 and is otherwise appropriate. For example, if an applicant is 
seeking flexibility under programs administered by HHS and DOL, its 
requests for flexibility will be reviewed by HHS and DOL officials. 
Applicants may be asked to participate in telephone calls at this point 
in the process in order to clarify requests for flexibility and other 
aspects of their proposals.
    3. Selecting Finalists: Agency officials may recommend projects for 
selection by the Secretary. In consultation with the other Agencies, 
the Secretary will select up to 10 finalists after considering the 
recommendations of the Agencies that administer the programs for which 
the applicants are seeking flexibility, and other information, 
including an applicant's performance and use of funds and compliance 
history under a previous award under any agency program. In selecting 
pilots, the Secretary will first give priority to applicants that will 
serve communities that have experienced civil unrest, to address the 
statutory requirement that designated pilots include communities that 
have experienced civil unrest, and will then select those applications 
that will serve the highest numbers of disconnected youth.
    For each finalist, ED and any other Agencies implicated in the 
pilot will negotiate the performance agreement. If a performance 
agreement cannot be finalized for an applicant, an alternative 
applicant may be selected as a finalist instead. The recommended 
projects will be considered finalists until performance agreements are 
signed by all parties, and pilot designation will be awarded only after 
finalization and approval of each finalist's performance agreement.

VI. Designation Administration Information

    1. Designation Notices: If your application is successful, we 
notify your U.S. Representative(s) and U.S. Senators and send you a 
letter notification of your selection as a pilot. We may notify you 
informally, also.
    If your application is not evaluated or not selected as a pilot, we 
will notify you.
    2. Performance Measures: The performance agreement for each pilot 
will include outcome measures, interim indicators, and targets.

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, 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 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.

Amy Loyd,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2022-16966 Filed 8-5-22; 8:45 am]
BILLING CODE 4000-01-P