Applications for New Awards; Native Hawaiian Education Program, 15689-15696 [2023-05120]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15689-15696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05120]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Native Hawaiian Education Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2023 for the Native Hawaiian 
Education (NHE) program, Assistance Listing Number 84.362A. This notice 
relates to the approved information collection under OMB control number 
1894-0006.

DATES: 
    Applications Available: March 17, 2023.
    Deadline for Transmittal of Applications: April 13, 2023.
    Deadline for Intergovernmental Review: July 12, 2023.

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 
https://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: Joanne Osborne, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E306, Washington, DC 20202. 
Telephone: (202) 401-1265. 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 NHE program is to support 
innovative projects that recognize and address the unique educational 
needs of Native Hawaiians. These projects must include one or more of 
the activities authorized under section 6205(a)(3) of the Elementary 
and Secondary Education Act of 1965, as amended (ESEA).
    Background: The NHE program serves the unique educational needs of 
Native Hawaiians and recognizes the roles of Native Hawaiian languages 
and cultures in the educational success and long-term well-being of 
Native Hawaiian students. The program supports effective supplemental 
education programs that maximize participation of Native Hawaiian 
educators and leaders in the planning, development, implementation, 
management, and evaluation of programs designed to serve Native 
Hawaiians.
    In accordance with section 6204 of the ESEA, the Native Hawaiian 
Education Council (NHEC) was established in 1994 with the statutory 
responsibility to coordinate, assess, and provide guidance to 
appropriate Federal, State, and local agencies on the effectiveness of 
existing education programs for Native Hawaiians, the state of present 
Native Hawaiian education efforts, and improvements that may be made to 
existing programs, policies, and procedures to improve the educational 
attainment of Native Hawaiians. In its 2020-2021 annual report, the 
NHEC recommended the Department prioritize funding projects that (1) 
assert Hawaiian language-medium instruction and culture-based education 
programs, frameworks, and values as critical to addressing equity, 
resiliency, and social-emotional well-being for increased Native 
Hawaiian learner

[[Page 15690]]

outcomes and closing achievement gaps; (2) expand `aina-based (land-
based) programs and initiatives to address place-based inequities and 
increase educational opportunities; and (3) address mental health and 
social-emotional well-being as essential for Native Hawaiian learner 
outcomes, increased academic performance, behavior, social integration, 
resiliency, identity, and self-efficacy. The Department encourages 
applicants to review NHEC's most recent program recommendations 
(available at: https://www.nhec.org/nhec-reports/annual-reports/) prior 
to applying, so that applicants can benefit from the research and 
community outreach that informed NHEC's recommendations.
    Priorities: This notice contains two absolute priorities and two 
competitive preference priorities.
    Consistent with 34 CFR 75.105(b)(2)(v), Absolute Priority 1 is from 
section 6205(a)(3) of the ESEA, which identifies authorized program 
activities. Absolute Priority 2 is from title III of division H of the 
Consolidated Appropriations Act, 2023 (Pub. L. 117-328) (the Act). In 
accordance with 34 CFR 75.105(c)(2)(i), Competitive Preference Priority 
1 is from section 6205(a)(2) of the ESEA and Competitive Preference 
Priority 2 is from the Notice of Final Priorities and Definitions-
Secretary's Supplemental Priorities and Definitions for Discretionary 
Grants Programs (Supplemental Priorities) published in the Federal 
Register on December 10, 2021 (86 FR 70612), and available at https://www.federalregister.gov/documents/2021/12/10/2021-26615/final-priorities-and-definitions-secretarys-supplemental-priorities-and-definitions-for.
    Absolute Priorities: For FY 2023 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet one or more of 
these priorities. If addressing Absolute Priority 1, an applicant may 
address one or more subparts of the priority and must clearly identify 
in the Project Abstract section of its application which subpart or 
subparts of the Absolute Priority 1 its project addresses.
    If addressing Absolute Priority 2 and proposing to renovate or 
modernize an existing public elementary school, secondary school, or 
structure related to a public elementary school or secondary school, 
the applicant must clearly identify in the Project Abstract section of 
its application the name of the school or structure. If addressing 
Absolute Priority 2 and proposing to construct a new building, an 
applicant must clearly indicate this in the Project Abstract section of 
its application, and provide the proposed name, if available. An 
applicant addressing Absolute Priority 2 must provide information or 
data showing that the proposed or existing structure serves or will 
serve a predominantly Native Hawaiian student body.
    Applicants must clearly identify the specific absolute priority or 
priorities the proposed project addresses in the project abstract; an 
applicant that wishes to apply under both priorities should submit two 
separate applications.
    Note: The Department may create two funding slates--one for 
applicants that meet Absolute Priority 1 and one for applicants that 
meet Absolute Priority 2. As a result, the Department may fund 
applications out of the overall rank order, provided applications of 
sufficient quality are submitted, but the Department is not bound to do 
so.
    These priorities are:
    Absolute Priority 1--Native Hawaiian Education Activities.
    To meet this priority, an eligible applicant must propose a project 
that includes one or more of the following authorized activities 
pursuant to section 6205(a)(3) of the ESEA:
    (a) The development and maintenance of a statewide Native Hawaiian 
early education and care system to provide a continuum of services for 
Native Hawaiian children from the prenatal period of the children 
through age 5.
    (b) The operation of family-based education centers that provide 
such services as--
    (i) Programs for Native Hawaiian parents and their infants from the 
prenatal period of the infants through age 3;
    (ii) Preschool programs for Native Hawaiians; and
    (iii) Research on, and development and assessment of, family-based, 
early childhood, and preschool programs for Native Hawaiians.
    (c) Activities that enhance beginning reading and literacy in 
either the Hawaiian or the English language among Native Hawaiian 
students in kindergarten through grade 3 and assistance in addressing 
the distinct features of combined English and Hawaiian literacy for 
Hawaiian speakers in grades 5 and 6.
    (d) Activities to meet the special needs of Native Hawaiian 
students with disabilities, including--
    (i) The identification of such students and their needs;
    (ii) The provision of support services to the families of such 
students; and
    (iii) Other activities consistent with the requirements of the 
Individuals with Disabilities Education Act (IDEA).
    (e) Activities that address the special needs of Native Hawaiian 
students who are gifted and talented, including--
    (i) Educational, psychological, and developmental activities 
designed to assist in the educational progress of those students; and
    (ii) Activities that involve the parents of those students in a 
manner designed to assist in the educational progress of such students.
    (f) The development of academic and vocational curricula to address 
the needs of Native Hawaiian children and adults, including curriculum 
materials in the Hawaiian language and mathematics and science 
curricula that incorporate Native Hawaiian tradition and culture.
    (g) Professional development activities for educators, including--
    (i) The development of programs to prepare prospective teachers to 
address the unique needs of Native Hawaiian students within the context 
of Native Hawaiian culture, language, and traditions;
    (ii) In-service programs to improve the ability of teachers who 
teach in schools with high concentrations of Native Hawaiian students 
to meet the unique needs of such students; and
    (iii) The recruitment and preparation of Native Hawaiians, and 
other individuals who live in communities with a high concentration of 
Native Hawaiians, to become teachers.
    (h) The operation of community-based learning centers that address 
the needs of Native Hawaiian students, parents, families, and 
communities through the coordination of public and private programs and 
services, including--
    (i) Early childhood education programs;
    (ii) Before, after, and summer school programs, expanded learning 
time, or weekend academies;
    (iii) Career and technical education programs; and
    (iv) Programs that recognize and support the unique cultural and 
educational needs of Native Hawaiian children, and incorporate 
appropriately qualified Native Hawaiian elders and seniors.
    (i) Activities, including program co-location, to enable Native 
Hawaiians to enter and complete programs of postsecondary education, 
including--
    (i) Family literacy services; and
    (ii) Counseling, guidance, and support services for students.
    (j) Research and data collection activities to determine the 
educational

[[Page 15691]]

status and needs of Native Hawaiian children and adults.
    (k) Other research and evaluation activities related to programs 
carried out under title VI, part B of the ESEA.
    (l) Other activities, consistent with the purposes of title VI, 
part B of the ESEA, to meet the educational needs of Native Hawaiian 
children and adults.
    Absolute Priority 2--Native Hawaiian Education Construction.
    To meet this priority, an eligible applicant must propose a project 
that will result in the construction, renovation, or modernization of a 
public elementary school, secondary school, or structure related to a 
public elementary school or secondary school that serves a 
predominantly Native Hawaiian student body. To meet this priority, an 
applicant must provide information or data showing that the proposed or 
existing structure serves or will serve a predominantly Native Hawaiian 
student body.
    Note: FY 2023 funds may be used for the purpose of construction, 
renovation, and modernization of any public elementary school, 
secondary school, or structure related to a public elementary school or 
secondary school that serves a predominantly Native Hawaiian student 
body. For the purposes of this program, the Department considers 
``predominantly'' to mean a student body that is comprised of 50 
percent or more Native Hawaiian students.
    Competitive Preference Priorities: For FY 2023 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities for applications under Absolute Priority 1. Under 34 CFR 
75.105(c)(2)(i), we award up to an additional 3 points to an 
application, depending on how well the application meets Competitive 
Preference Priority 1, and we award up to an additional 3 points to an 
application, depending on how well the application meets Competitive 
Preference Priority 2. The maximum number of competitive preference 
priority points is 6.
    These priorities are:
    Competitive Preference Priority 1--Native Hawaiian Education 
Priority Activities. (up to 3 points)
    To meet this priority, an eligible applicant must propose a project 
that is designed to address one or more of the following, pursuant to 
section 6205(a)(2) of the ESEA:
    (a) Beginning reading and literacy among students in kindergarten 
through third grade.
    (b) The needs of at-risk children and youth.
    (c) The needs in fields or disciplines in which Native Hawaiians 
are underemployed.
    (d) The use of the Hawaiian language in instruction.
    Competitive Preference Priority 2--Addressing the Impact of COVID-
19 on Students, Educators, and Faculty. (up to 3 points)
    To meet this priority, an eligible applicant must propose a project 
that is 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 one or 
both of the following priority areas:
    (a) Addressing students' social, emotional, mental health, and 
academic needs through approaches that are inclusive with regard to 
race, ethnicity, culture, language, and disability status.
    (b) Using evidence-based instructional approaches and supports, 
such as professional development, coaching, ongoing support for 
educators, high quality tutoring, expanded access to rigorous 
coursework and content across K-12, and expanded learning time to 
accelerate learning for students in ways that ensure all students have 
the opportunity to successfully meet challenging academic content 
standards without contributing to tracking or remedial courses.
    Definitions: For FY 2023, and any subsequent year in which we make 
awards from the list of unfunded applications from this competition, 
the following definitions apply. The definitions of ``Demonstrates a 
rationale,'' ``Evidence-based'', ``Project component,'' ``Logic 
model,'' and ``Relevant outcome'' are from 34 CFR 77.1(c). The 
definition of ``Charter school'' is from section 4310(2) of the ESEA; 
the definitions of ``Native Hawaiian,'' ``Native Hawaiian community-
based organization,'' ``Native Hawaiian educational organization,'' and 
``Native Hawaiian language'' are from section 6207 of the ESEA; and the 
definitions of ``Regular high school diploma,'' ``Local educational 
agency,'' and ``State educational agency'' are from section 8101 of the 
ESEA. The definitions of ``Children or students with disabilities,'' 
``Early learning,'' ``Educator,'' ``Military- or veteran-connected 
student,'' and ``Underserved student'' are from the Supplemental 
Priorities.
    These definitions apply to the FY 2023 grant competition and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition.
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements of this definition;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred 
to as the ``Family Educational Rights and Privacy Act of 1974''), and 
part B of the Individuals with Disabilities Education Act;
    (h) Is a school to which parents choose to send their children, and 
that
    (1) admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or
    (2) in the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in clause (i);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;

[[Page 15692]]

    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    Children or students with disabilities means children with 
disabilities as defined in section 602(3) of the IDEA (20 U.S.C. 
1401(3)) and 34 CFR 300.8 or students with disabilities, as defined in 
the Rehabilitation Act of 1973 (29 U.S.C. 705(37), 705(202)(B)). 
(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. (34 CFR 77.1(c))
    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 (LEAs) (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. (Supplemental Priorities)
    Evidence-based means the proposed project component is supported by 
one or more of strong evidence, moderate evidence, promising evidence, 
or evidence that demonstrates a rationale. (34 CFR 77.1(c))
    Local educational agency--
    (a) IN GENERAL.--The term ``local educational agency'' means a 
public board of education or other public authority legally constituted 
within a State for either administrative control or direction of, or to 
perform a service function for, public elementary schools or secondary 
schools in a city, county, township, school district, or other 
political subdivision of a State, or of or for a combination of school 
districts or counties that is recognized in a State as an 
administrative agency for its public elementary schools or secondary 
schools.
    (b) ADMINISTRATIVE CONTROL AND DIRECTION.--The term includes any 
other public institution or agency having administrative control and 
direction of a public elementary school or secondary school.
    (c) BUREAU OF INDIAN EDUCATION SCHOOLS.--The term includes an 
elementary school or secondary school funded by the Bureau of Indian 
Education but only to the extent that including the school makes the 
school eligible for programs for which specific eligibility is not 
provided to the school in another provision of law and the school does 
not have a student population that is smaller than the student 
population of the LEA receiving assistance under the ESEA with the 
smallest student population, except that the school shall not be 
subject to the jurisdiction of any State educational agency other than 
the Bureau of Indian Education.
    (d) EDUCATION SERVICE AGENCIES.--The term includes educational 
service agencies and consortia of those agencies.
    (e) STATE EDUCATIONAL AGENCY.--The term includes the State 
educational agency in a State in which the State educational agency is 
the sole educational agency for all public schools. (Section 8101(30) 
of the ESEA)
    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. (34 CFR 77.1(c))
    Military- or veteran-connected student means one or more of the 
following:
    (a) A child participating in an early learning program, a student 
enrolled in preschool through grade 12, or a student enrolled in career 
and technical education or postsecondary education who has a parent or 
guardian who is a member of the uniformed services (as defined by 37 
U.S.C. 101) in the Army, Navy, Air Force, Marine Corps, Coast Guard, 
Space Force, National Guard, Reserves, National Oceanic and Atmospheric 
Administration, or Public Health Service or is a veteran of the 
uniformed services with an honorable discharge (as defined by 38 U.S.C. 
3311).
    (b) A student who is a member of the uniformed services, a veteran 
of the uniformed services, or the spouse of a service member or 
veteran.
    (c) A child participating in an early learning program, a student 
enrolled in preschool through grade 12, or a student enrolled in career 
and technical education or postsecondary education who has a parent or 
guardian who is a veteran of the uniformed services (as defined by 37 
U.S.C. 101). (Supplemental Priorities)
    Native Hawaiian means any individual who is--
    (a) A citizen of the United States; and
    (b) A descendant of the aboriginal people who, prior to 1778, 
occupied and exercised sovereignty in the area that now comprises the 
State of Hawaii, as evidenced by--
    (1) Genealogical records;
    (2) Kupuna (elders) or Kamaaina (long-term community residents) 
verification; or
    (3) Certified birth records. (Section 6207(2) of the ESEA)
    Native Hawaiian community-based organization means any organization 
that is composed primarily of Native Hawaiians from a specific 
community and that assists in the social, cultural, and educational 
development of Native Hawaiians in that community. (Section 6207(3) of 
the ESEA)
    Native Hawaiian educational organization means a private nonprofit 
organization that--
    (a) Serves the interests of Native Hawaiians;
    (b) Has Native Hawaiians in substantive and policymaking positions 
within the organization;
    (c) Incorporates Native Hawaiian perspective, values, language, 
culture, and traditions into the core function of the organization;
    (d) Has demonstrated expertise in the education of Native Hawaiian 
youth; and

[[Page 15693]]

    (e) Has demonstrated expertise in research and program development. 
(Section 6207(4) of the ESEA)
    Native Hawaiian language means the single Native American language 
indigenous to the original inhabitants of the State of Hawaii. (Section 
6207(5) of the ESEA)
    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). (34 
CFR 77.1(c))
    Regular high school diploma
    (a) means the standard high school diploma awarded to the 
preponderance of students in the State that is fully aligned with State 
standards, or a higher diploma, except that a regular high school 
diploma shall not be aligned to the alternate academic achievement 
standards described in ESEA section 1111(b)(1)(E); and
    (b) does not include a recognized equivalent of a diploma, such as 
a general equivalency diploma, certificate of completion, certificate 
of attendance, or similar lesser credential. (Section 8101(43) of the 
ESEA)
    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. (34 CFR 77.1(c))
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools. (Section 8101(49) of the ESEA)
    Underserved student means a student (which may include children in 
early learning environments, students in K-12 programs, students in 
postsecondary education or career and technical education, and adult 
learners, as appropriate) in one or more of the following subgroups:
    (a) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (b) A student of color.
    (c) A student who is a member of a federally recognized Indian 
Tribe.
    (d) An English learner.
    (e) A child or student with a disability.
    (f) A disconnected youth.
    (g) A technologically unconnected youth.
    (h) A migrant student.
    (i) A student experiencing homelessness or housing insecurity.
    (j) A lesbian, gay, bisexual, transgender, queer or questioning, or 
intersex (LGBTQI+) student.
    (k) A student who is in foster care.
    (l) A student without documentation of immigration status.
    (m) A pregnant, parenting, or caregiving student.
    (n) A student impacted by the justice system, including a formerly 
incarcerated student.
    (o) A student who is the first in their family to attend 
postsecondary education.
    (p) A student enrolling in or seeking to enroll in postsecondary 
education for the first time at the age of 20 or older.
    (q) A student who is working full-time while enrolled in 
postsecondary education.
    (r) A student who is enrolled in or is seeking to enroll in 
postsecondary education who is eligible for a Pell Grant.
    (s) An adult student in need of improving their basic skills or an 
adult student with limited English proficiency.
    (t) A student performing significantly below grade level.
    (u) A military- or veteran-connected student. (Supplemental 
Priorities)
    Application Requirement: In accordance with ESEA section 6206(b), 
we are establishing the following application requirement: Each 
applicant for a grant under this program shall submit the application 
for comment to the LEA serving students who will participate in the 
program to be carried out under the grant (i.e., Hawaii State 
Department of Education), and include those comments, if any, with the 
application to the Secretary.
    Program Authority: Section 6205 of the ESEA (20 U.S.C. 7515); 
Consolidated Appropriations Act, 2023.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The Supplemental Priorities.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $33,197,670.
    Estimated Range of Awards: $400,000-$1,325,000.
    Estimated Number of Awards: 25-83.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible to 
apply under this competition:
    (a) Native Hawaiian educational organizations.
    (b) Native Hawaiian community-based organizations.
    (c) Public and private nonprofit organizations, agencies, and 
institutions with experience in developing or operating Native Hawaiian 
programs or programs of instruction in the Native Hawaiian language.
    (d) Charter schools.
    (e) Consortia of the organizations, agencies, and institutions 
described in paragraphs (a) through (c).
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: No more than 5 percent of funds 
awarded for a grant under this program may be used for direct 
administrative costs (ESEA section 6305, (20 U.S.C. 7545 and the Act). 
For additional information please see Funding Restriction section 
below.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Performance Reports: If you receive an award under this program, 
you are required to provide copies of the performance reports (see 
section VI of this document below) to the Native Hawaiian Education 
Council (authorized under section 6204 of the ESEA (20 U.S.C. 7514)).
    5. Build America Buy America Act: This program is subject to the 
Build America, Buy America Act (Pub. L. 117-58) domestic sourcing 
requirements. Accordingly, under this program, grantees and their 
contractors may not use their grant funds for infrastructure projects 
or activities (e.g., construction, remodeling, and broadband 
infrastructure) unless--
    (a) All iron and steel used in the infrastructure project or 
activity are produced in the United States;

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    (b) All manufactured products used in the infrastructure project or 
activity are produced in the United States; and
    (c) All construction materials are manufactured in the United 
States.
    Grantees may request waivers to these requirements by submitting a 
Build America Buy America Act Waiver Request Form. For more 
information, including a link to the Waiver Request Form, see the 
Department's Build America Buy America Waivers website at https://www2.ed.gov/policy/fund/guid/buy-america/.

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. Please note that these Common Instructions supersede 
the version published on December 27, 2021.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the NHE program, your 
application may include business information that you consider 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended). Because we plan to make successful applications available to 
the public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    4. Funding Restrictions: No more than 5 percent of FY 2023 funds 
awarded for a grant under this program may be used for direct 
administrative costs (ESEA section 6205(b) and the Act). This 5 percent 
limit does not include indirect costs.
    Note: In general, for purposes of this competition, the 5 percent 
limit on administrative costs under ESEA section 6205(b) includes 
direct and indirect administrative costs. In the Act, however, Congress 
explicitly specified that, for FY 2023 funds, the administrative cost 
cap refers only to direct administrative costs.
    We reference regulations outlining additional funding restrictions 
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 30 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all of the selection 
criteria is 100 points. The maximum score for each criterion is 
included in parentheses following the title of the specific selection 
criterion. Each criterion also includes the factors that reviewers will 
consider in determining the extent to which an applicant meets the 
criterion.
    The selection criteria are as follows:
    (a) Need for project (up to 10 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (b) Quality of the project design (up to 30 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the extent to which the proposed 
project demonstrates a rationale (as defined in this notice).
    (c) Quality of project personnel (up to 10 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 5 points).
    (3) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel 
(up to 5 points).
    (d) Quality of the management plan (up to 30 points)
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the adequacy of the 
management plan to achieve the objectives of the proposed project on 
time and within budget, including clearly defined responsibilities, 
timelines, and milestones for accomplishing project tasks.
    (e) Quality of the project evaluation (up to 20 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation will provide 
valid and reliable performance data on relevant outcomes (up to 10 
points).
    (ii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible (up to 10 points).
    Note: The quality of the project evaluation selection criterion 
relates to performance measure (1) under the Performance Measures 
section of this notice.

[[Page 15695]]

    2. Review and Selection Process: We remind potential applicants 
that, in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, and 110.23.).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition 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 may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b). At the end of your 
project period, you must submit a final performance report, including 
financial information, as directed by the Secretary. If you receive a 
multiyear award, you must submit an annual performance report that 
provides the most current performance and financial expenditure 
information as directed by the Secretary under 34 CFR 75.118. The 
Secretary may also require more frequent performance reports under 34 
CFR 75.720(c). For specific requirements on reporting, please go to 
www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    5. Performance Measures: For the purposes of Department reporting 
under 34 CFR 75.110, we have established four performance measures for 
the NHE program under Absolute Priority 1: (1) the number of grantees 
that attain or exceed the targets for the outcome indicators for their 
projects that have been approved by the Secretary; (2) the percentage 
of Native Hawaiian children participating in early education programs 
who consistently demonstrate school readiness in literacy as measured 
by the Hawaii School Readiness Assessment (HSRA); (3) the percentage of 
students in schools served by the program who graduate from high school 
with a regular high school diploma (as defined in this notice) in 4 
years; and (4) the percentage of students participating

[[Page 15696]]

in a Native Hawaiian language (as defined in this notice) program that 
is conducted under the NHE program who meet or exceed proficiency 
standards in reading on a test of the Native Hawaiian language.
    For Absolute Priority 2, the Department has established the 
following performance measures for the NHE program: (1) the number of 
grantees that attain or exceed the targets for the outcome indicators 
for their projects that have been approved by the Secretary; (2) the 
number and percentage of grantees that report annually that the overall 
condition of the school building(s) on which their project focuses is 
adequate; and (3) the number and percentage of grantees that report 
their project is at each of the following levels of completion: (a) not 
started; (b) 1-25 percent; (c) 26-50 percent; (d) 51-75 percent; (e) 
76-99 percent; (f) 100 percent complete.
    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 
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.

James F. Lane,
Senior Advisor, Office of the Secretary. Delegated the Authority to 
Perform the Functions and Duties of the Assistant Secretary Office of 
Elementary and Secondary Education.
[FR Doc. 2023-05120 Filed 3-13-23; 8:45 am]
BILLING CODE 4000-01-P