Applications for New Awards; Migrant Education Program Consortium Incentive Grant Program, 11422-11427 [2023-03731]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11422-11427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03731]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Migrant Education Program Consortium 
Incentive Grant Program

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

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2023 for the Migrant Education 
Program (MEP) Consortium Incentive Grant (CIG) program, Assistance 
Listing Number 84.144F.

DATES: 
    Applications Available: February 27, 2023.
    Deadline for Transmittal of Applications: April 24, 2023.
    Deadline for Intergovernmental Review: June 23, 2023.
    Pre-Application Webinar Information: The Department will hold a 
pre-application workshop via webinar for prospective applicants on 
March 7, 2023 at 11:00 a.m. Eastern Time.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on December 7, 2022 (87 FR 75045) and available at 
www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Michael Meltzer, U.S. Department of 
Education. Telephone: (202) 987-1657. Email: [email protected].
    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. Funding Opportunity Description

    Purpose of Program: The purpose of the MEP CIG program is to 
provide incentive grants to State educational agencies (SEAs) that 
participate in a consortium with one or more other SEAs or other 
appropriate entities to improve the delivery of services to migratory 
children whose education is interrupted. Through this program, the 
Department provides financial incentives to SEAs that receive Title I, 
Part C (MEP) funding to participate in high-quality consortia to 
improve the intrastate and interstate coordination of migrant education 
programs by addressing key needs of migratory children whose education 
is interrupted.
    Background: On March 3, 2004, the Department published in the 
Federal Register a notice of final requirements for the CIG program (69 
FR 10109) (2004 CIG Notice of Final Requirements (NFR)). In the 2004 
CIG NFR, the Department established seven absolute priorities that 
promote key national objectives of the MEP. The Department added an 
eighth absolute priority when it published in the Federal Register a 
notice of final priority on March 12, 2008 (73 FR 13217) (2008 CIG 
Notice of Final Priority (NFP)).
    For FY 2023, the Department is focusing the CIG competition on four 
of the eight absolute priorities. These absolute priorities were 
selected because they closely align with the Administration's 
priorities. Specifically, the FY 2023 competition will focus on 
improving the proper and timely identification and recruitment of 
eligible migratory children, improving the school readiness of 
preschool-aged migratory children, strengthening the involvement of 
migratory parents in the education of migratory students, and

[[Page 11423]]

improving the education attainment of out-of-school migratory youth.
    The FY 2023 competition also includes three competitive preference 
priorities from the Department's Notice of Final Priorities and 
Definitions--Secretary's Supplemental Priorities and Definitions for 
Discretionary Grant Programs (Supplemental Priorities), published in 
the Federal Register on December 10, 2021 (86 FR 70612) (https://www.federalregister.gov/d/2021-26615).
    Through these absolute and competitive preference priorities, we 
encourage applicants to consider projects that are best addressed by an 
interstate or intrastate solution. For example, a project could 
facilitate interstate collaboration to provide continuous access to 
instructional technology that supports migratory children; another 
project could help educators of migratory children select appropriate 
and evidence-based digital tools that will accelerate learning recovery 
after COVID-19 and get needed services to migratory children as 
expeditiously as possible.
    In addition, we encourage applications that propose projects to 
strengthen the involvement of migratory parents in the education of 
their children. For example, applicants may propose to identify and 
utilize existing evidence-based resources to build capacity of 
migratory parents to engage in the community and to access community 
resources, as well as connect them to organizations such as parent 
advocacy groups. Another project may support the implementation of 
education-related family engagement action plans created by consortium 
States to inform the implementation of MEP parent involvement and 
family engagement activities and services.
    Applicants are also encouraged to propose projects that build 
relationships with organizations and agencies serving migratory 
children and their families to identify, recruit, serve, or assess the 
education and health-related needs of migratory children and out-of-
school migratory youth. For example, applicants could propose to 
develop formal partnerships with Migrant and Seasonal Head Start; 
Migrant Health; the High School Equivalency Program (HEP); the College 
Assistance Migrant Program (CAMP); local farm associations and 
agribusinesses; the Department of Labor; or other Federal, State, or 
local entities.
    Priorities: This competition includes four absolute priorities and 
three competitive preference priorities. Absolute Priorities 1, 2, and 
3 are from the 2004 CIG NFR. Absolute Priority 4 is from the 2008 CIG 
NFP. In Absolute Priorities 2, 3, and 4, the term ``scientifically 
based'' has been replaced with ``evidence-based,'' as explained in the 
Waiver of Proposed Rulemaking section of this notice.
    The competitive preference priorities are from the Supplemental 
Priorities.
    Absolute Priorities: For FY 2023, these priorities are absolute 
priorities. Under 34 CFR 75.105(c)(3) we consider only applications 
that meet one or more of these priorities.
    The applicant must clearly indicate in the abstract section of its 
application to which absolute priority it is applying. If an applicant 
is interested in proposing separate projects (e.g., one that addresses 
Absolute Priority 1 and another that addresses Absolute Priority 2), 
the applicant must submit separate applications. The Department intends 
to create four funding slates for CIG applications--one for 
applications that meet Absolute Priority 1, a separate slate for 
applications that meet Absolute Priority 2, a separate slate for 
applications that meet Absolute Priority 3, and a fourth slate for 
applications that meet Absolute Priority 4. As a result, the Department 
may fund applications out of the overall rank order. The Department 
anticipates making at least one award on each slate, provided 
applications of sufficient quality are submitted, but the Department is 
not bound by these estimates.
    These priorities are:
    Absolute Priority 1: Services designed to improve the proper and 
timely identification and recruitment of eligible migratory children 
whose education is interrupted.
    Absolute Priority 2: Services designed (based on a review of 
evidence-based research) to improve the school readiness of preschool-
aged migratory children whose education is interrupted.
    Absolute Priority 3: Services designed (based on a review of 
evidence-based research) to strengthen the involvement of migratory 
parents in the education of migratory students whose education is 
interrupted.
    Absolute Priority 4: Services designed (based on a review of 
evidence-based research) to improve the educational attainment of out-
of-school migratory youth whose education is interrupted.
    Competitive Preference Priorities: For FY 2023, these priorities 
are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we 
award up to an additional 10 points to an application, depending on how 
well the application meets one of the competitive preference 
priorities. Applicants may receive points for only one competitive 
preference priority. The applicant must indicate in the abstract 
section of its application which competitive preference priority, if 
any, it is addressing. While applicants are encouraged to address only 
one competitive preference priority, if an applicant chooses to address 
more than one competitive preference priority, the Department will 
instruct reviewers to score only the first competitive preference 
priority mentioned in the abstract.
    The priorities are:
    Competitive Preference Priority 1: Addressing the Impact of COVID-
19 on Students, Educators, and Faculty (Up to 10 points).
    Projects that are designed to address the impacts of the COVID-19 
pandemic, including impacts that extend beyond the duration of the 
pandemic itself, on the students most impacted by the pandemic, with a 
focus on underserved students and the educators who serve them, through 
projects addressing students' social, emotional, mental health, and 
academic needs through approaches that are inclusive with regard to 
race, ethnicity, culture, language, and disability status.
    Competitive Preference Priority 2: Promoting Equity in Student 
Access to Educational Resources and Opportunities (Up to 10 points).
    Projects that are designed to promote education equity and adequacy 
in resources and opportunity for underserved students--
    (a) In one of the following settings:
    (1) Early learning programs.
    (2) Career and technical education programs.
    (3) Out-of-school-time settings.
    (4) Adult learning;
    (b) That examine the sources of inequity and inadequacy and 
implement responses and that may include establishing, expanding, or 
improving the engagement of underserved community members (including 
underserved students and families) in informing and making decisions 
that influence policy and practice at the school, district, or State 
level by elevating their voices, through their participation and their 
perspectives and providing them with access to opportunities for 
leadership (e.g., establishing partnerships between civic student 
government programs and parent and caregiver leadership initiatives).
    Competitive Preference Priority 3: Strengthening Cross-Agency 
Coordination and Community Engagement to Advance Systemic Change (Up to 
10 points).

[[Page 11424]]

    Projects that are designed to take a systemic evidence-based 
approach to improving outcomes for underserved students through 
establishing cross-agency partnerships, or community-based partnerships 
with local nonprofit organizations, businesses, philanthropic 
organizations, or others, to meet family well-being needs.
    Definitions: The following definitions apply to this competition. 
The definitions of ``demonstrates a rationale,'' ``evidence-based,'' 
``logic model,'' ``project component,'' and ``relevant outcome'' are 
from 34 CFR 77.1(c). The definitions of ``early learning,'' 
``educator,'' and ``underserved student'' are from the Supplemental 
Priorities.
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Early learning means any (a) State-licensed or State-regulated 
program or provider, regardless of setting or funding source, that 
provides early care and education for children from birth to 
kindergarten entry, including, but not limited to, any program operated 
by a child care center or in a family child care home; (b) program 
funded by the Federal Government or State or local educational agencies 
(including any IDEA-funded program); (c) Early Head Start and Head 
Start program; (d) non-relative child care provider who is not 
otherwise regulated by the State and who regularly cares for two or 
more unrelated children for a fee in a provider setting; and (e) other 
program that may deliver early learning and development services in a 
child's home, such as the Maternal, Infant, and Early Childhood Home 
Visiting Program; Early Head Start; and Part C of IDEA.
    Educator means an individual who is an early learning educator, 
teacher, principal or other school leader, specialized instructional 
support personnel (e.g., school psychologist, counselor, school social 
worker, early intervention service personnel), paraprofessional, or 
faculty.
    Evidence-based means the proposed project component is supported by 
evidence that demonstrates a rationale.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    Underserved student means a migrant student (which may include 
children in early learning environments and students in K-12 programs).
    Waiver of Proposed Rulemaking: The term ``scientifically based'' 
has been replaced with the term ``evidence-based,'' as defined in 34 
CFR 77.1(c). Under the Administrative Procedure Act (5 U.S.C. 553) 
(APA) the Department generally offers interested parties the 
opportunity to comment on proposed regulations. However, the APA 
provides that an agency is not required to conduct notice-and-comment 
rulemaking when the agency, for good cause, finds that the requirement 
is impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive rulemaking 
in this case because the term ``scientifically based'' and its 
definition are no longer in statute. Therefore, under 5 U.S.C. 
553(b)(B), the Secretary has determined that obtaining public comment 
on the removal of the term ``scientifically based'' and the adoption of 
the term ``evidence-based'' is unnecessary and contrary to the public 
interest.
    The APA also generally requires that regulations be published at 
least 30 days before their effective date, unless the agency has good 
cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). Because 
this final regulatory action merely updates outdated regulations, the 
Secretary also has good cause to waive the 30-day delay in the 
effective date of these regulatory changes under 5 U.S.C. 553(d)(3).
    Program Authority: 20 U.S.C. 6398(d).
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75 (except 75.232), 76, 77, 
79, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget 
Guidelines to Agencies on Governmentwide Debarment and Suspension 
(Nonprocurement) in 2 CFR part 180, as adopted and amended as 
regulations of the Department in 2 CFR part 3485. (c) The Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards in 2 CFR part 200, as adopted and amended as 
regulations of the Department in 2 CFR part 3474. (d) The 2004 CIG NFR. 
(e) The 2008 CIG NFP. (f) The notice of final requirement published in 
the Federal Register on December 31, 2013 (78 FR 79613). (g) The MEP 
regulations in 34 CFR 200.81-200.89. (h) The Supplemental Priorities.

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

II. Award Information

    Type of Award: Formula grants.
    Estimated Available Funds: $3,000,000.
    Estimated Range of Awards: $50,000-$150,000.
    The actual size of an SEA's award will depend on the number of SEAs 
that participate in high-quality consortia and the size of those SEAs' 
MEP formula grant allocations.
    Estimated Average Size of Awards: $100,000.
    Maximum Award: An SEA cannot receive an incentive award that 
exceeds its MEP Basic State Formula Grant allocation or $250,000, 
whichever is less, for a single budget period of 12 months.
    Estimated Number of Awards: 30 SEA awards. An SEA that participates 
in a consortium may receive only one incentive grant award regardless 
of the number of consortia in which it participates.

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

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: SEAs receiving MEP Basic State Formula 
Grants, in a consortium with one or more other SEAs or other 
appropriate entities. An application for an incentive grant must be 
submitted by an SEA that will act as the ``lead SEA'' for the proposed 
consortium.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Pursuant to the 2004 CIG NFR, the 
supplement-not-supplant provisions in sections 1118(b) and 1304(c)(2) 
of the ESEA are applicable to this program.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may award subgrants. Pursuant to ESEA section 1302, the 
Secretary makes grants to SEAs, or combinations of such agencies, to

[[Page 11425]]

establish or improve, directly or through local operating agencies, 
programs of education for migratory children.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on December 7, 2022 (87 FR 75045) and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application. Please note that these Common Instructions 
supersede the version published on December 27, 2021.

    Note:  Applicants are not required to submit Budget information 
(ED 524). Please see the application package for a complete list of 
application requirements.

    2. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended Page Limit: The application narrative (Part III of 
the application) is where you, the applicant, address the selection 
criteria that reviewers use to evaluate your application. We recommend 
that you (1) limit the application narrative to no more than 25 pages 
and (2) use the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    5. Use of CIG Funds: SEAs in consortia receiving awards must 
implement the activities described in their project applications as a 
condition of their receipt of funds. CIG awards are treated as 
additional funds available to an SEA under the MEP Basic State Formula 
Grant program. Moreover, general requirements governing the use and 
reporting of awarded funds would be governed by provisions of 34 CFR 
part 76, which govern State-administered formula grant programs, and 
the Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards in 2 CFR part 200.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR part 75.210 and are as follows:
    (a) Significance (10 points). The Secretary considers the 
significance of the proposed project. In determining the significance 
of the proposed project, the Secretary considers:
    (1) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population. (Up to 5 points)
    (2) The extent to which the results of the proposed project are to 
be disseminated in ways that will enable others to use the information 
or strategies. (Up to 5 points)
    (b) Quality of the project design (30 points). The Secretary 
considers the quality of the design of the proposed project. In 
determining the quality of the design of the proposed project, the 
Secretary considers:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable. 
(Up to 10 points)
    (2) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs. (Up to 7 points)
    (3) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population. (Up to 5 points)
    (4) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice). (Up to 8 points)
    (c) Quality of project services (30 points). The Secretary 
considers the quality of the services to be provided by the proposed 
project.
    (1) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, sex, age, or disability. (Up to 3 points)
    (2) In addition, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services. (Up to 7 points)
    (ii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services. (Up to 
10 points)
    (iii) The extent to which the technical assistance services to be 
provided by the proposed project involve the use of efficient 
strategies, including the use of technology, as appropriate, and the 
leveraging of non-project resources. (Up to 5 points)
    (iv) The extent to which the services to be provided by the 
proposed project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services. (Up to 5 points)
    (d) Quality of the management plan (10 points). The Secretary 
considers the quality of the management plan for the proposed project. 
In determining the quality of the management plan for the proposed 
project, the Secretary considers the following factors:
    (1) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project. (Up to 2 points)
    (2) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project. (Up to 3 points)
    (3) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project. (Up to 5 points)
    (e) Quality of the project evaluation (20 points). The Secretary 
considers the quality of the evaluation to be conducted of the proposed 
project. In determining the quality of the project evaluation, the 
Secretary considers:
    (1) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project. (Up to 10 points)
    (2) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes. (Up to 10 points)
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any grant competition, the Secretary 
may consider, under 34 CFR 75.217(d)(3), the

[[Page 11426]]

past performance of the applicant in carrying out a previous award, 
such as the applicant's use of funds, achievement of project 
objectives, and compliance with grant conditions. The Secretary may 
also consider whether the applicant failed to submit a timely 
performance report or submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2), we must make a judgment about 
your integrity, business ethics, and record of performance under 
Federal awards--that is, the risk posed by you as an applicant--before 
we make an award. In doing so, we must consider any information about 
you that is in the integrity and performance system (currently referred 
to as the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with:
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We also may notify you 
informally.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report as directed by the Secretary. If you receive a 
multiyear award, you must submit an annual performance report that 
provides the most current performance information as directed by the 
Secretary under 34 CFR 75.118. The Secretary may also require more 
frequent performance reports under 34 CFR 75.720(c). For specific 
requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: Consortium grantees are required to report 
on their project's effectiveness based on the project objectives, 
performance measures, and scheduled activities outlined in the 
consortium's application.
    In addition, all grantees are required, under 2 CFR 200.329, to 
report on program performance indicators as part of their Consolidated 
State Performance Report. The program performance indicators 
established by the Department for the MEP, of which the Consortium 
Incentive Grants are a component, are--
    (a) The percentage of MEP students that scored at or above 
proficient on their State's annual reading/language arts assessments in 
grades 3-8;
    (b) The percentage of MEP students that scored at or above 
proficient on their State's annual mathematics assessments in grades 3-
8;
    (c) The percentage of MEP students who were enrolled in grades 7-
12, and graduated or were promoted to the next grade level; and
    (d) The percentage of MEP students who entered 11th grade that had 
received full credit for Algebra I or a higher mathematics course.

[[Page 11427]]

    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
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James F. Lane,
Senior Advisor, Office of the Secretary, Delegated the Authority to 
Perform the Functions and Duties of the Assistant Secretary for the 
Office Elementary and Secondary Education.
[FR Doc. 2023-03731 Filed 2-22-23; 8:45 am]
BILLING CODE 4000-01-P