Applications for New Awards; State Tribal Education Partnership Grant Program, 27489-27495 [2023-09200]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27489-27495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09200]


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DEPARTMENT OF EDUCATION


Applications for New Awards; State Tribal Education Partnership 
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 new awards for fiscal year (FY) 2023 for the State 
Tribal Education Partnership grant program (STEP), Assistance Listing 
Number (ALN) 84.415A. This notice relates to the approved information 
collection under OMB control number 1894-0006.

DATES: 
    Applications Available: May 2, 2023.
    Deadline for Notice of Intent to Apply: June 1, 2023.
    Date of Pre-Application Webinar: May 17, 2023.
    Deadline for Transmittal of Applications: July 3, 2023.
    Deadline for Intergovernmental Review: August 30, 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: Donna Bussell, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W239, Washington, DC 20202-
6335. Telephone: 202-987-0204. 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 purposes of STEP are to: (1) promote Tribal 
self-determination in education; (2) improve the academic achievement 
of Indian children and youth; and (3) promote the coordination and 
collaboration of Tribal educational agencies (TEAs), as defined in this 
notice, with State educational agencies (SEAs) and local educational 
agencies (LEAs) to meet the unique education and culturally related 
academic needs of Indian students.
    Background: STEP is authorized under section 6132 of the Elementary 
and Secondary Education Act, as amended (ESEA). In this competition, 
the Department uses the priorities from section 6132 of the ESEA and 
from the Department's notice of final priorities, requirements, and 
definitions published elsewhere in this issue of the Federal Register 
(NFP). The priorities support the development of partnerships among 
TEAs, SEAs, and LEAs to promote the creation of new TEAs or expansion 
of early TEAs to improve identification of Native students in public 
education data and enhance Tribal consultation. STEP is one of many 
efforts across the Federal Government to strengthen the government-to-
government relationships with Tribal Nations throughout the United 
States. Our intent for this competition is to award STEP grants to 
create new TEAs; increase collaboration among TEAs, SEAs, and LEAs; and 
build the capacity of TEAs to directly administer education programs, 
including formula grant programs under the ESEA, consistent with State 
law and under a written agreement among the parties.

[[Page 27490]]

    Recognizing the importance of TEAs, the Department is creating 
opportunities where Tribal Nations can exert Tribal sovereignty in 
public education and advance long-term self-determination. The 
Department expects that TEA-SEA-LEA coordination will facilitate 
positive and meaningful systemic change and strengthen the ability of 
TEAs to maintain greater connections with their Native children in 
public schools. The requirement for a draft written agreement (DWA), as 
defined in this notice, helps to ensure that all relevant partners 
needed to achieve the project goals are included from the outset.
    Further, a key priority of the Department is to strengthen 
community engagement to advance systemic change. This competition 
includes a competitive preference priority to encourage projects that 
bridge the purpose of STEP and the Secretary's cross-agency 
coordination priority to advance systemic change.
    For example, applicants could propose projects that include a 
partnership among a TEA, SEA, and LEA aimed at improving the 
identification of Native students who may be eligible for an ESEA title 
VI Indian Education formula grant. By partnering with LEAs, a TEA may 
disclose a list of students who are Tribally enrolled or affiliated as 
descendants to the LEA, enabling the LEA to compare the list with 
student enrollment information and notify the parents regarding Indian 
education program opportunities without the LEA disclosing the identity 
of eligible students to a TEA. One such example is a California Tribe 
that built cross-agency partnerships among the LEA, TEA, a local 
institution of higher education, and other community partners. Through 
the work of a joint steering committee, all partners were able to build 
the capacity of the new TEA so it could successfully administer 
educational programs for its students. In addition to improving 
delivery of equitable supports for Indian children and youth, we 
believe a collaboration focused on better identification of Indian 
students will build TEA capacity to collect and analyze data and help 
advance Tribal self-determination in public education and is consistent 
with input received during Tribal consultation.
    A TEA must submit a DWA (as defined in this notice) with an SEA, 
one or more LEAs, or both the SEA and a LEA with its application for 
funding. For the purposes of the DWA, a school funded by the Bureau of 
Indian Education (BIE) is considered an LEA. The agreement must 
document the commitment of the TEA, SEA, and LEA to work together and 
must include all required elements included in the definition of DWA. 
Letters of support from an SEA or LEA alone will not meet this 
requirement and will not be accepted.
    In accordance with ESEA section 6132(c)(2), all grantees who are 
expanding early TEAs must train and support the SEA and LEA in areas 
related to Tribal history, language, and culture.
    In accordance with the Department's commitment to engage in regular 
and meaningful consultation and collaboration with Indian Tribes (as 
defined in this notice), the Office of Elementary and Secondary 
Education's (OESE) Office of Indian Education (OIE) and the White House 
Initiative on Advancing Educational Equity, Excellence, and Economic 
Opportunity for Native Americans and Strengthening Tribal Colleges and 
Universities conducted two virtual Tribal Consultation sessions. The 
first, regarding the STEP program, was held on April 26, 2021, and the 
second, about general input on the Department's FY 2024 budget request, 
was held on June 30, 2022. A summary of the consultations can be found 
in the notice of proposed priorities, requirements, and definitions for 
this program published in the Federal Register on December 28, 2022 (87 
FR 79824).
    Priorities: This competition includes two absolute priorities and 
three competitive preference priorities. In accordance with 34 CFR 
75.105(b)(2)(ii), the absolute priorities and Competitive Preference 
Priorities 1 and 2 are from the NFP. Competitive Preference Priority 3 
is from the Secretary's Final Supplemental Priorities and Definitions 
for Discretionary Grant Programs published in the Federal Register on 
December 10, 2021 (86 FR 70612) (Supplemental Priorities).
    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 Absolute Priority 1 
or Absolute Priority 2.
    Note: The Department intends to create two funding slates--one for 
applicants that meet Absolute Priority 1 and another 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. Each applicant must clearly identify the specific absolute priority 
that the proposed project addresses in the project abstract.
    These priorities are:
    Absolute Priority 1--Create a TEA.
    To meet this priority, an applicant must be an Indian Tribe or 
Tribal organization approved by an Indian Tribe that is applying to 
create a TEA.
    Absolute Priority 2--Expand Capacity of Early TEAs.
    To meet this priority, an applicant must be an early TEA.
    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. Under 34 CFR 75.105(c)(2)(i) we award an additional 5 
points to an application that meets Competitive Preference Priority 1, 
an additional 3 points to an application that meets Competitive 
Preference Priority 2, and an additional 2 points to an application 
that meets Competitive Preference Priority 3. An application that meets 
Competitive Preference Priorities 1, 2, and 3 can be awarded a maximum 
of 10 priority points.
    These priorities are:
    Competitive Preference Priority 1--Improve Identification of Native 
Students for Title VI Indian Education Formula Grant Program (0 or 5 
points).
    To meet this priority, an applicant must propose to partner with an 
LEA to develop and maintain effective and culturally responsive methods 
to better identify, and support the identification of, Indian students 
who may be undercounted or under-identified as eligible for an ESEA 
title VI formula grant program consistent with section 6112 of the 
ESEA. This includes identifying Indian students who are not enrolled in 
a Tribal Nation but who have an affiliation with a Tribal Nation 
through being a descendant in the first or second degree from a Tribal 
Nation member as described in ESEA section 6151(3).
    Note: The Family Educational Rights and Privacy Act (FERPA) does 
not permit an LEA to disclose personally identifiable information (PII) 
from students' education records to a TEA without parental consent 
unless the disclosure meets one of FERPA's exceptions to the general 
consent requirement. The most relevant exceptions to FERPA's general 
consent requirement that may apply if certain conditions are met are 
the ``school official,'' ``studies,'' and ``audit/evaluation'' 
exceptions. For further information on FERPA, contact the Department's 
Student Privacy Policy Office at https://studentprivacy.ed.gov/.

[[Page 27491]]

    Competitive Preference Priority 2--New STEP Grantee (0 or 3 
points).
    To meet this priority, an applicant must be an early TEA or 
applying to create a TEA and must not have previously received a STEP 
award from the Department.
    Competitive Preference Priority 3--Strengthening Cross-Agency 
Coordination and Community Engagement to Advance Systemic Change (0 or 
2 points).
    Projects that are designed to take a systemic evidence-based 
approach to improving outcomes for underserved students in one or more 
of the following priority areas:
    (a) Coordinating efforts with Federal, State, or local agencies, or 
community-based organizations, that support students, to address one or 
more of the following:
    (1) Energy.
    (2) Homelessness.
    (3) Transportation.
    (4) Health, including physical health, mental health, and 
behavioral health and trauma.
    (5) School diversity, including student and educator diversity.
    (6) College readiness.
    (7) Workforce development.
    (8) Civic engagement.
    (9) Technology.
    (10) Public safety.
    (11) Community violence prevention and intervention.
    (12) Social services.
    (13) Adult education and literacy.
    (b) Conducting community needs and asset mapping to identify 
existing programs and initiatives that can be leveraged, and new 
programs and initiatives that need to be developed and implemented, to 
advance systemic change.
    (c) Establishing cross-agency partnerships, or community-based 
partnerships with local nonprofit organizations, businesses, 
philanthropic organizations, or others, to meet family well-being 
needs.
    (d) Identifying, documenting, and disseminating policies, 
strategies, and best practices on effective approaches to creating 
systemic change through cross-agency or community-based coordination 
and collaboration.
    (e) Expanding or improving parent and family engagement.
    Note: In addressing Competitive Preference Priority 3, an applicant 
must ensure the proposed activities function solely to promote cross-
agency coordination and, consistent with the STEP statute, do not 
provide direct services to students.
    Application Requirements: These application requirements are from 
section 6132(d) of the ESEA (20 U.S.C. 7452) and from the NFP. 
Specifically, application requirement 1 is from the NFP and application 
requirements 2 through 7 are from the ESEA. For FY 2023 and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition, applicants must meet the following 
application requirements.
    Each application for funds must include the following:
    (1) Draft Written Agreement with Partners.
    An applicant must provide a Draft Written Agreement (DWA) with the 
appropriate SEA and/or LEA partner(s). For applicants creating a new 
TEA, a DWA is only required with an LEA. For applicants expanding 
capacity for an early TEA, a DWA with both an SEA and LEA is required.
    (2) A statement describing the activities to be conducted, and the 
objectives to be achieved, under the grant.
    (3) A description of the method to be used for evaluating the 
effectiveness of the activities for which assistance is sought and for 
determining whether such objectives are achieved.
    (4) For TEA applicants, evidence of existing capacity as a TEA.
    (5) Evidence that the eligible applicant has consulted with other 
education entities, if any, within the territorial jurisdiction of the 
applicant that will be affected by the activities to be conducted under 
the grant.
    (6) A description of how the eligible applicant will consult with 
such other education entities in the operation and evaluation of the 
activities conducted under the grant.
    (7) Evidence that there will be adequate resources provided under 
this program or from other sources to complete the activities for which 
assistance is sought.
    Program Requirements: These program requirements are from section 
6132(c) of the ESEA (20 U.S.C. 7452), section 7(b) of the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638 or ISDEAA), 
and the NFP. Specifically, program requirements (a)(1) and (a)(2) are 
from the NFP, program requirement (a)(3) is from ISDEAA, and program 
requirements (b) and (c) are from the ESEA. For FY 2023 and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition, grantees must adhere to the 
following program requirements.
    (a) For grantees under either absolute priority:
    (1) Hire Project Director within 60 Days.
    Grantees must hire a project director as soon as practicable, but 
no later than 60 days after the beginning of the performance period.
    (2) Final Written Agreement with Partners.
    Grantees must submit a final written agreement signed by all 
parties entering into the agreement within 120 days after receiving the 
grant award notification.
    (3) ISDEAA Statutory Hiring Preference.
    Awards that are primarily for the benefit of Indians are subject to 
the provisions of section 7(b) of the ISDEAA (Pub. L. 93-638). That 
section requires that, to the greatest extent feasible, a grantee--
    (i) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (ii) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452(e)), preference in the award of contracts in 
connection with the administration of the grant.
    For purposes of this preference, an Indian is a is a member of any 
federally recognized Indian Tribe.
    (b) For grantees under Absolute Priority 1, plan and develop a TEA.
    (c) For grantees under Absolute Priority 2:
    (1) Directly administer (as defined in this notice) education 
programs, including formula grant programs under ESEA, consistent with 
State law and under a written agreement between the parties. (ESEA 
section 6132(c)(2)(A))
    (2) Build capacity to administer and coordinate such education 
programs, and to improve the relationship and coordination between the 
TEA and the SEA(s) and LEA(s) that educate students from the Tribe. 
(ESEA section 6132(c)(2)(B))
    (3) Receive training and support from the SEA(s) and LEA(s), in 
areas such as data collection and analysis, grants management and 
monitoring, fiscal accountability, and other areas as needed. (ESEA 
section 6132(c)(2)(C))
    (4) Train and support the SEA(s) and LEA(s) in areas related to 
Tribal history, language, and culture. (ESEA section 6132(c)(2)(D))
    (5) Build on existing activities or resources rather than replacing 
other funds. (ESEA section 6132(c)(2)(E))
    (6) Carry out other activities consistent with the purposes of the 
program. (ESEA section 6132(c)(2)(F))
    Definitions: The definition of ``Indian Tribe'' is from section 
6132 of the ESEA. The definition of ``relevant outcome'' is from 34 CFR 
77.1. The definitions of

[[Page 27492]]

``draft written agreement,'' ``directly administer,'' ``early TEA,'' 
``established TEA,'' ``final written agreement,'' ``new TEA,'' ``TEA,'' 
and ``Tribal consultation'' are from the NFP. The definition of 
``underserved student'' is from the Supplemental Priorities.
    The following definitions apply to this competition:
    Directly administer means conducting, as the fiscal agent, SEA 
functions or LEA functions for education programs, including ESEA 
formula grant programs, consistent with State law and the FWA.
    Draft written agreement (DWA) means an unsigned written agreement 
with an attached letter of support from each SEA or LEA partner 
indicating each has reviewed the project plan and will finalize the DWA 
into an FWA within 120 days of grant award notification. The DWA must 
include the following:
    (1) The roles and responsibilities for each partner.
    (2) An agreed-upon list of deliverables (Note: deliverables cannot 
be direct services to Indian students).
    (3) Identification of at least one point of contact for each 
partner.
    (4) A description of the resources each partner will contribute to 
the project (Note: resources do not need to be monetary or matching 
funds).
    Early TEA means a TEA that meets one or two of the criteria in the 
definition of an established TEA.
    Established TEA means a TEA that meets three or more of the 
following criteria:
    (1) Has received a STEP grant in 2012 or subsequent years, or 
provides evidence of an existing prior relationship with an SEA or LEA.
    (2) Has an existing Tribal education code.
    (3) Has directly administered at least one education program within 
the past 5 years.
    (4) Has administered at least one Federal, State, local, or private 
grant within the past 5 years.
    (5) Has authorized teaching certifications.
    Final written agreement (FWA) means a signed written agreement 
between the TEA and the SEA or LEA; the TEA and one or more LEAs; or 
the TEA and both an SEA and one or more LEAs, that documents the 
commitment and timeline of the agreeing partners to implement the terms 
and conditions specified in the DWA.
    Indian Tribe means a federally recognized Tribe or a State-
recognized Tribe.
    New TEA means a Tribal entity that does not meet the definition of 
``early TEA'' or ``established TEA.''
    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.
    Tribal consultation means that--
    (1) The SEA or LEA provides Tribes the opportunity for input;
    (2) The SEA or LEA considers and responds to the input from Tribal 
leaders or their officially designated proxies regarding an education 
program that affects the Tribal Nation or TEA; and
    (3) The partner Tribal Nation provides written confirmation that 
the consultation was meaningful and in good faith.
    Tribal educational agency (TEA) means the agency, department, or 
instrumentality of an Indian Tribe that is primarily responsible for 
supporting Tribal students' elementary and secondary education. This 
term also includes an agency, department, or instrumentality of more 
than one Tribe if the Tribes are in close geographic proximity or have 
cultural connections to each other and agree through joint Tribal 
government resolution to have a combined TEA.
    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 who is a member of a federally recognized Indian 
Tribe.
    (c) A disconnected youth.
    (d) A technologically unconnected youth.
    (e) A student experiencing homelessness or housing insecurity.
    (f) A student performing significantly below grade level.
    Program Authority: Section 6132 of the ESEA (20 U.S.C. 7452).
    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 NFP. (e) The Supplemental Priorities.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $2.4 million.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $300,000 to $500,000.
    Estimated Average Size of Awards: $400,000.
    Estimated Number of Awards: 5-8.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: For applications addressing Absolute Priority 1: Up 
to 36 months. For applications addressing Absolute Priority 2: Up to 60 
months.

III. Eligibility Information

    1. Eligible Applicants: An Indian Tribe or Tribal organization 
approved by an Indian Tribe, or a TEA, including a consortium of TEAs. 
An Indian Tribe that receives funds from the BIE under section 1140 of 
the Education Amendments of 1978 (25 U.S.C. 2020) is not eligible to 
receive funds under this program.
    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. Under section 6132 of the ESEA (20 
U.S.C. 7452), funds under this section must be used to supplement, and 
not supplant, other Federal, State, and local programs that meet the 
needs of Tribal students.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Application Submission Instructions: For the addresses for 
obtaining and submitting an

[[Page 27493]]

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.
    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: The following funding restrictions in ESEA 
section 6132(e) (20 U.S.C. 7452(e)) apply: (a) An Indian Tribe may not 
receive funds under STEP if such Tribe receives funds under section 
1140 of the Education Amendments of 1978 (20 U.S.C. 2020); and (2) no 
STEP funds may be used to provide direct services. We reference 
additional regulations outlining funding restrictions in the Applicable 
Regulations section of this notice.
    4. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 30 pages and (2) use the 
following standards:
     A ``page'' is 8.5 x 11, on one side 
only, with 1 margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, the letter(s) of support, or the signed consortium 
agreement. However, the recommended page limit does apply to all of the 
application narrative. An application will not be disqualified if it 
exceeds the recommended page limit.
    5. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name and a contact person's name 
and email address. Applicants that do not submit a notice of intent to 
apply may still apply for funding; applicants that do submit a notice 
of intent to apply are not bound to apply or bound by the information 
provided.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for addressing each criterion 
and factor within each criterion is included in parentheses. The 
maximum score for these criteria is 100 points.
    (a) Quality of 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 
the following factors:
    (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 proposed project is designed to build 
capacity and yield results that will extend beyond the period of 
Federal financial assistance. (up to 10 points)
    (3) The extent to which the proposed project will integrate with or 
build on similar or related efforts to improve relevant outcomes (as 
defined in this notice), using existing funding streams from other 
programs or policies supported by community, State, and Federal 
resources. (up to 10 points)
    (b) Quality of Project Services (20 points). The Secretary 
considers the quality of the services to be provided by the proposed 
project. In determining the quality of project services of the proposed 
project, the Secretary considers the following factors:
    (1) The quality and sufficiency of strategies for ensuring equal 
access and treatment for eligible project participants who are members 
of groups that have traditionally been underrepresented based on race, 
color, national origin, gender, age, or disability. (up to 5 points).
    (2) 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 15 points)
    (c) Adequacy of Resources (20 points). The Secretary considers the 
adequacy of resources for the proposed project. In determining the 
adequacy of resources for the proposed project, the Secretary 
considers:
    (1) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization. (up to 5 points)
    (2) The extent to which the budget is adequate to support the 
proposed project. (up to 10 points)
    (3) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support. (up to 5 points)
    (d) Quality of Management Plan (20 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 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.
    (e) Quality of Project Personnel (10 points). The Secretary 
considers the quality of the personnel who will carry out the proposed 
project. In determining the quality of project personnel, the Secretary 
considers:
    (1) 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 1 point)
    (2) The qualifications, including relevant training and experience, 
of the project director or principal investigator. (Up to 9 points)
    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

[[Page 27494]]

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 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).
    (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: Grantees that apply under Absolute 
Priority 1 will report on measure (a). Grantees that apply under 
Absolute Priority 2 will report on measures (b), (c), and (d).
    (a) The number of Tribes that create a TEA by the end of the grant 
period.
    (b) The number of capacity-building activities offered by the TEA 
for the SEA or LEA (e.g., trainings, technical assistance in areas 
related to Tribal history, language, or culture).
    (c) The number of capacity-building activities offered by the SEA 
or LEA for the TEA (e.g., trainings, technical assistance in developing 
TEA capacity to administer and coordinate education programs).
    (d) The number of education programs directly administered by the 
grantees.
    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,

[[Page 27495]]

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. 2023-09200 Filed 5-1-23; 8:45 am]
BILLING CODE 4000-01-P