Proposed Priorities, Requirements, Definitions, and Selection Criteria-Perkins Innovation and Modernization Grant Program, 31196-31209 [2023-10220]
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31196
Proposed Rules
Federal Register
Vol. 88, No. 94
Tuesday, May 16, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2023–OCTAE–0048]
Proposed Priorities, Requirements,
Definitions, and Selection Criteria—
Perkins Innovation and Modernization
Grant Program
Office of Career, Technical, and
Adult Education, Department of
Education.
ACTION: Proposed priorities,
requirements, definitions, and selection
criteria.
AGENCY:
The Department of Education
(Department) proposes priorities,
requirements, definitions, and selection
criteria for the Perkins Innovation and
Modernization Grant Program,
Assistance Listing Number 84.051F. The
Department may use the priorities,
requirements, definitions, and selection
criteria for competitions in fiscal year
(FY) 2023 and later years. We take this
action to support the identification of
strong and well-designed projects that
will incorporate evidence-based and
innovative strategies and activities to
improve student success in secondary
education, postsecondary education,
and careers.
DATES: We must receive your comments
on or before June 15, 2023.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at regulations.gov. However, if
you require an accommodation or
cannot otherwise submit your
comments via regulations.gov, please
contact the program contact person
listed under FOR FURTHER INFORMATION
CONTACT. The Department will not
accept comments by fax or by email, or
comments submitted after the comment
period closes. To ensure that we do not
receive duplicate copies, please submit
your comments only once. In addition,
please include the Docket ID at the top
of your comments.
Federal eRulemaking Portal: Please go
to www.regulations.gov to submit your
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comments electronically. Information
on using regulations.gov, including
instructions for finding a rule on the site
and submitting comments, is available
on the site under ‘‘FAQ.’’
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing on the Federal
eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Corinne Sauri, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 10–362, PCP, Washington, DC
20202–7241. Telephone: (202) 245–
6412. Email: PIMGrants@ed.gov.
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:
Invitation to Comment: We invite you
to submit comments regarding this
notice. To ensure that your comments
have maximum effect in developing the
notice of final priorities, requirements,
definitions, and selection criteria, we
urge you to identify clearly the specific
proposed priority, requirement,
definition, or selection criterion your
comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
(as modified by Executive Order 14094)
and 13563 and their overall requirement
of reducing regulatory burden that
might result from the proposed
priorities, requirements, definitions, and
selection criteria. Please let us know of
any further opportunities we should
take to reduce potential costs or increase
potential benefits while preserving the
effective and efficient administration of
the program.
During and after the comment period,
you may inspect all public comments
about the proposed priorities,
requirements, definitions, and selection
criteria by accessing regulations.gov. To
inspect comments in person, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
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or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of
the Perkins Innovation and
Modernization Grant Program (PIM) is
to identify, support, and independently
evaluate evidence-based and innovative
strategies and activities to improve and
modernize career and technical
education (CTE). The Department
anticipates using the PIM authority
beginning in FY 2023 to award
competitive grants to support Career
Connected High Schools (CCHS) that
will transform public high schools by
expanding existing and implementing
new strategies and supports to help
their students identify and navigate
pathways to postsecondary education
and career preparation, accrue college
credit, pursue in-demand and highvalue industry-recognized credentials,
and gain direct experience in the
workplace through work-based learning.
Program Authority: Section 114(e) of
the Carl D. Perkins Career and Technical
Education Act of 2006, as amended by
the Strengthening Career and Technical
Education for the 21st Century Act
(Perkins V) (20 U.S.C. 2324).
Proposed Priorities
This notice contains five proposed
priorities. We may apply one or more of
these priorities for a PIM competition in
FY 2023 or in subsequent years.
Proposed Priorities:
Proposed Priority 1—Career-Connected
High Schools
Background:
The misalignment of the secondary
and postsecondary education systems in
the United States (U.S.), along with an
inadequately funded workforce
development system, contributes to
inequities for young people to pursue
postsecondary education and launch
careers that support economic and
social mobility in our nation.1 As a
1 Hoffman, N., Vargas, J. et al. (2021), The Big
Blur: An Argument for Erasing the Boundaries
Between High School, College, and Careers—and
Creating One New System That Works for Everyone.
Boston, MA: Jobs for the Future. Retrieved from:
https://www.jff.org/resources/the-big-blur-an-
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result, too many young people leave
high school unprepared for
postsecondary education or careers. An
estimated 4.8 million youth ages 16 to
24 are disconnected, neither working
nor in school, comprising more than one
in 10 (12.6 percent) of U.S. youth in this
age group.2 These young people are
disproportionately from communities of
color. Nearly one in four (23.4 percent)
Native American teenagers and young
adults are neither working nor in
school, the highest rate of disconnection
of the five major racial and ethnic
groups for which data were collected,
followed by Black teenagers and young
adults, who have the second-highest
rate of disconnection from school and
work (19.6 percent), or nearly 1 million
young people.3 Another 1.3 million
disconnected youth are Hispanic,
comprising 14.0 percent of Hispanic
teenagers and young adults.4
The road to and through
postsecondary education or training is
also particularly difficult to navigate for
youth from low-income communities.
For example, among students attending
the nearly 9,000 high schools
participating in the National Student
Clearinghouse’s StudentTracker for
High Schools service during the 2020–
21 school year, 46 percent of students
who graduated from high-poverty high
schools (where at least 75 percent of the
student population was eligible for a
free or reduced-price lunch) enrolled in
postsecondary education immediately
following high school graduation. In
contrast, the immediate postsecondary
education enrollment rate was 72
percent for students attending lowpoverty high schools (where fewer than
25 percent of students were eligible for
a free or reduced-price lunch). The
difference in postsecondary degree
completion rates between students
attending high- and low-poverty high
schools was even more stark: only 25
percent of graduates from high-poverty
high schools earned a postsecondary
degree within 6 years of finishing high
school, compared to 61 percent of
students from low-poverty high
schools.5
argument-for-erasing-the-boundaries-between-highschool-college-and-careers-and-creating-one-newsystem-that-works-for-everyone/.
2 Lewis, Kristen (2022), A Disrupted Year: How
the Arrival of COVID–19 Affected Youth
Disconnection. New York: Measure of America,
Social Science Research Council. Retrieved from:
https://measureofamerica.org/youth-disconnection2022/.
3 Ibid.
4 Ibid.
5 National Student Clearinghouse Research Center
(2022). National College Progression Rates.
Retrieved from: https://nscresearchcenter.org/highschool-benchmarks/.
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Addressing the difficulties young
people from high-poverty communities
experience as they try to access,
navigate, and complete postsecondary
education is a national priority because
postsecondary educational attainment
has become a passport to economic
independence and success. The
Georgetown University Center on
Education and the Workforce
(Georgetown CEW) estimates that a
postsecondary credential is now
required to access 80 percent of what it
describes as ‘‘good jobs’’—that is,
according to Georgetown CEW, jobs
paying a minimum of $35,000 for
workers between the ages of 25 and 44
and at least $45,000 for workers
between the ages of 45 and 64.6
Moreover, many ‘‘good jobs’’ that
Georgetown CEW identified as
accessible to individuals with a high
school credential also require some form
of technical training that extends
beyond what is often available in high
school. Carpentry and solar photovoltaic
installer jobs typically require formal
on-the-job training, for example.7
Earning a high school diploma is an
important achievement, but young
people need further learning to succeed
in our economy.
Increasing postsecondary educational
attainment can strengthen and expand
local economies by attracting new
industry and taking advantage of new
job opportunities like those created by
the Infrastructure Investment and Jobs
Act (Pub. L. 117–58),8 CHIPS and
Science Act (Pub. L. 117–167),9 and the
Inflation Reduction Act (Pub. L. 117–
169),10 and can increase the wages of
workers who do not have postsecondary
6 Carnevale, A.P., Strohl, J. et al. (2018), Three
Educational Pathways to Good Jobs. Washington,
DC: Georgetown University Center on Education
and the Workforce. Retrieved from: https://
cew.georgetown.edu/cew-reports/3pathways/.
7 National Center for O*NET Development, (n.d.),
O*NET OnLine. Retrieved from: https://
www.onetonline.org/.
8 Office of the President (Aug. 3, 2021), Fact
Sheet: The Bipartisan Infrastructure Investment and
Jobs Act Creates Good-Paying Jobs and Supports
Workers. Retrieved from: https://
www.whitehouse.gov/briefing-room/statementsreleases/2021/08/03/fact-sheet-the-bipartisaninfrastructure-investment-and-jobs-act-createsgood-paying-jobs-and-supports-workers/.
9 Office of the President (Aug. 9, 2022), Fact
Sheet: CHIPS and Science Act Will Lower Costs,
Create Jobs, Strengthen Supply Chains, and Counter
China. Retrieved from: https://
www.whitehouse.gov/briefing-room/statementsreleases/2022/08/09/fact-sheet-chips-and-scienceact-will-lower-costs-create-jobs-strengthen-supplychains-and-counter-china/.
10 Office of the President (Aug. 19, 2022), Fact
Sheet: The Inflation Reduction Act Supports
Workers and Families. Retrieved from: https://
www.whitehouse.gov/briefing-room/statementsreleases/2022/08/19/fact-sheet-the-inflationreduction-act-supports-workers-and-families/.
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credentials by increasing productivity.11
Eliminating equity gaps in
postsecondary educational attainment
will also promote inclusive national
economic prosperity. For example, in an
analysis prepared for the Postsecondary
Value Commission, Georgetown CEW
estimated that closing gaps in
postsecondary educational attainment
by income level, race, and ethnicity
could increase the Gross Domestic
Product of the U.S. by $542 billion
annually.12
To prepare all young people more
equitably and effectively for further
learning and economic advancement,
our high schools require new solutions
and tools to scale up strategies that have
benefitted all students. Proposed
Priority 1 identifies the following four
pillars for transformed, careerconnected high schools that, if
implemented and integrated effectively
and equitably, will better prepare all
young people for postsecondary
education and rewarding careers:
• Participation in a comprehensive
postsecondary education and career
navigation system that supports career
exploration and education planning,
provides information and assistance in
pursuing further learning after high
school, and includes the development
and regular updating of a personalized
postsecondary education and career
plan (as defined in this notice)
throughout high school;
• Acquisition of postsecondary credit
through dual or concurrent enrollment
programs (as defined in section 3 of
Perkins V) to promote success in
postsecondary coursework and give
students a head start in earning a
postsecondary credential;
• Participation in work-based
learning opportunities (as defined in
section 3 of Perkins V) for which
students receive wages or academic
credit, or both; and
• Attainment of an in-demand and
high-value industry-recognized
credential (as defined in this notice) so
that every young person can earn a
living wage or more after high school, be
able to pursue further education, and
thrive and live independently.
11 Moretti, E. (2004), Estimating the social return
to higher education: Evidence from longitudinal
and repeated cross-sectional data. Journal of
Econometrics, vol.121, 175–212. Retrieved from:
https://eml.berkeley.edu/∼moretti/socret.pdf.
12 Carnevale, A.P., Campbell, K.P. et al. (2021),
The monetary value of economic and racial justice
in postsecondary education: Quantifying the
potential for public good. Postsecondary Value
Commission. Retrieved from: https://
www.postsecondaryvalue.org/wp-content/uploads/
2021/05/PVC-GUCEW-FINAL.pdf.
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Postsecondary Education and Career
Navigation System
The systematic delivery of career
advisement, academic counseling, and
postsecondary education navigation
throughout high school can lay a strong
foundation for student success during
and following high school. Assistance
navigating the complexities of pursuing
different types of postsecondary
learning, such as a high-value industryrecognized credential program,
Registered Apprenticeship program, and
2- and 4-year degree programs, is
especially important. There is promising
evidence that meeting with a school
counselor to discuss college plans can
increase students’ postsecondary
enrollment, particularly for students
from more underserved backgrounds.13
Evidence also indicates that informing
students about financial aid
opportunities and helping them to
complete financial aid applications
significantly increases postsecondary
enrollment.14 Advice and support
provided outside school by nonprofit
organizations also can have a positive
influence on student enrollment in
higher education.15
Personalized postsecondary education
and career plans (as defined in this
notice) can be a valuable part of
providing systematic advising and
navigation supports to students.
Twenty-nine states and the District of
Columbia and many local educational
agencies (LEAs) require students to
prepare personalized postsecondary
education and career plans in middle or
high school to chart their path through
high school into young adulthood.16 An
13 Belasco, A. S. (2013), ‘‘Creating college
opportunity: School counselors and their influence
on postsecondary outcomes.’’ Research in Higher
Education, 54(7), 781–804. Retrieved from: https://
link.springer.com/article/10.1007/s11162-013-92974. See also Surr, W. (2019), Student Advising: An
Evidence-Based Practice. Midwest Comprehensive
Center at the American Institutes for Research.
Retrieved from: https://eric.ed.gov/?id=ED599037.
14 Tierney, W. G., Bailey, T., Constantine, J.,
Finkelstein, N., & Hurd, N. F. (2009), Helping
students navigate the path to college: What high
schools can do: A practice guide (NCEE #2009–
4066). Washington, DC: National Center for
Education Evaluation and Regional Assistance,
Institute of Education Sciences, U.S. Department of
Education. Retrieved from https://ies.ed.gov/ncee/
wwc/publications/practiceguides/.
15 What Works Clearinghouse, Institute of
Education Sciences, U.S. Department of Education.
(2018, December). Transition to College
intervention report: Facilitating Long-Term
Improvements in Graduation and Higher Education
for Tomorrow (FLIGHT)/Take Stock in Children
(TSIC)®. Retrieved from https://whatworks.ed.gov.
See also What Works Clearinghouse, Institute of
Education Sciences, U.S. Department of Education.
(2021, April). Bottom Line. Retrieved from https://
whatworks.ed.gov.
16 Solberg, V. S. H., Donnelly, H. K., KroyerKubicek, R., Basha, R., Curtis, G., Jaques, E.,
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analysis of the most recent National
Center for Education Statistics (NCES)
high school longitudinal study found
that about 62 percent of public high
school students reported developing
such a plan by the fall of grade 9.
However, fewer students reported
receiving support from an adult to
complete this plan (44 percent) and
fewer still (22 percent) reported
reviewing their plan at least once a year
with an adult in school. Attention from
adults in reviewing and annually
updating their plans may be a promising
strategy as the activity was positively
associated with applying to and
enrolling in postsecondary education
after high school.17 Analyzing the same
data using a quasi-experimental
research design, researchers found that
students from low-income backgrounds
who had a personalized learning plan,
compared to peers from low-income
backgrounds who did not complete a
plan, were more likely to enroll in
bachelor’s degree or associate degree
programs and to complete the Free
Application for Federal Student Aid
(FAFSA®), as well as more likely to
borrow smaller amounts in student
loans.18 Another study using the same
data found that students who completed
a personalized learning plan in ninth
grade were more engaged in school in
grade 11 and less likely to report
behaviors like skipping classes and not
completing homework than peers who
did not have a plan.19
Dual or Concurrent Enrollment. Dual
or concurrent enrollment is a proven,
evidence-based strategy to increase high
school achievement and completion and
to increase and accelerate postsecondary
Schreiber, K. (2022), Condition of Career Readiness
in the United States. Alexandria, VA: Coalition for
Career Development Center and the BU Center for
Future Readiness. Retrieved from: https://www.ccdcenter.org/post/condition-of-career-readinessreport.
17 Torre Gibney, T., & Rauner, M. (2021),
Education and career planning in high school: A
national study of school and student characteristics
and college-going behaviors (REL 2022–127). U.S.
Department of Education, Institute of Edu-cation
Sciences, National Center for Education Evaluation
and Regional Assistance, Regional Educational
Laboratory West. Retrieved from: https://ies.ed.gov/
ncee/edlabs/regions/west/pdf/REL_2022127.pdf.
18 Britton, T. and Spencer, G. (2020), ‘‘Do
Students Who Fail to Plan, Plan to Fail? Effects of
Individualized Learning Plans on Postsecondary
Transitioning.’’ Teachers College Record. Volume
122, 050309, May 2020, Teachers College, Columbia
University. Retrieved from: https://journals.
sagepub.com/doi/abs/10.1177/
016146812012200509.
19 Plasman, J.S. (2018), ‘‘Career/Education Plans
and Student Engagement in Secondary School,’’
American Journal of Education 124 (February 2018).
Chicago, IL: The University of Chicago. Retrieved
from: https://www.journals.uchicago.edu/doi/full/
10.1086/695608.
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enrollment and credential attainment.20
These opportunities can be most
beneficial to students when they
include core academic courses—such as
first-year college English and
mathematics courses 21—as well as
courses aligned to careers.22 Research
also suggests that the benefits of dual
enrollment can increase with every
postsecondary credit earned, at least up
to 10 to 12 credits.23 To gain these
benefits, however, students need credits
earned through dual or concurrent
enrollment to transfer to the institution
of higher education (IHE) in which they
enroll and within the degree program
they pursue after high school. To
promote the portability of credits earned
through dual or concurrent enrollment,
some States have established policies
and programs to facilitate credit
transfer, such as the Indiana College
Core (ICC), which is a block of 30 credit
hours of general education, college-level
coursework that can be transferred
among all Indiana public colleges and
universities. ICC dual credit courses are
available at 140 high schools in the
State.24 Some States 25 and community
and technical colleges also have
developed crosswalks for students, their
20 What Works Clearinghouse, Institute of
Education Sciences, U.S. Department of Education
(2017), Dual Enrollment Programs: WWC
Intervention Report. Retrieved from: https://
ies.ed.gov/ncee/wwc/Docs/InterventionReports/
wwc_dual_enrollment_022817.pdf.
21 Villarreal, M. U. (2017), The effects of dualcredit on postsecondary student outcomes.
University of Texas at Austin, Education Research
Center. Retrieved from: https://texaserc.utexas.edu/
wp-content/uploads/2017/12/65-Brief-VillarrealHB18-PB-11.16.17.pdf. See also Giani, M. S.,
Alexander, C., & Reyes, P. (2014). Exploring the
variation in the impact of dual-credit coursework
on postsecondary outcomes: A quasi-experimental
analysis of Texas students. The High School
Journal, 97(4), 200–218. Retrieved from: https://
doi.org/10.1353/hsj.2014.0007.
22 Community College Research Center (2012),
What We Know About Dual Enrollment Report.
Retrieved From: https://ccrc.tc.columbia.edu/
publications/what-we-know-about-dualenrollment.html. See also Rodriguez, O., Hughes, K.
L., & Belfield, C. (2012), Bridging college and
careers: Using dual enrollment to enhance Career
and Technical Education pathways. (National
Center for Postsecondary Research Working Paper).
Retrieved from: https://files.eric.ed.gov/fulltext/
ED533873.pdf.
23 Taylor, J. L., Allen, T. O., An, B. P., Denecker,
C., Edmunds, J. A., Fink, J., Giani, M. S., Hodara,
M., Hu, X., Tobolowsky, B. F., & Chen, W. (2022),
Research priorities for advancing equitable dual
enrollment policy and practice. Salt Lake City, UT:
University of Utah. Retrieved from: https://
cherp.utah.edu/_resources/documents/
publications/research_priorities_for_advancing_
equitable_dual_enrollment_policy_and_practice.pdf
24 Indiana College Core and Dual Credit, Learn
More Indiana. Retrieved from: https://learnmore
indiana.org/college/dual-credit.
25 Indiana Commission for Higher Education.
(2021). Indiana early college credit report. Retrieved
from: https://www.in.gov/che/files/2021_Early_
College_Credit_Report_01_28_2021.pdf.
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families, and their advisors to map
course equivalencies between
institutions, and ‘‘guided pathways’’
that show how courses lead to specific
degrees and careers, so students can
take courses that align with their plans
after high school.26
Unfortunately, the opportunity to
participate in dual or concurrent
enrollment has been limited to a small
group of students, leaving too many
students unable to access the benefits
dual or concurrent enrollment has to
offer. Among the high school class of
2019, only about one-third of white
students, about one-quarter of Asian,
Native American, and Hispanic
students, and less than a fifth of Black
students took one or more dual
enrollment courses during their time in
high school.27 Other research has
documented that students from lowincome backgrounds are significantly
underrepresented among dual
enrollment course takers.28
Work-Based Learning. Work-based
learning reinforces academic instruction
by giving students opportunities to
apply knowledge and skills in realworld situations and to learn how to be
professionals at work. Work-based
learning can also help young people
generate income, establish future
earning potential, connect with
professionals and mentors in the labor
market, and build professional
networks.29 Well-designed internships,
26 Mehl, G., Wyner, J., Barnett, E. A., Fink, J., &
Jenkins, D. (2020), The dual enrollment playbook:
A guide to equitable acceleration for students.
Aspen Institute and Community College Research
Center. Retrieved from: https://ccrc.tc.
columbia.edu/publications/dual-enrollmentplaybook-.
27 U.S. Department of Education, Institute of
Education Sciences, National Center for Education
Statistics, National Assessment of Educational
Progress (2022), 2019 NAEP High School Transcript
Study (HSTS) Results: A Closer Look, Retrieved
from: https://www.nationsreportcard.gov/
hstsreport/#closerlook_3_0_el. Dual credit coursetaking by Native American students tabulated using
the Data Explorer for the High School Transcript
Study at: https://www.nationsreportcard.gov/
ndecore/xplore/hsts.
28 See, for example, Lochmiller, C. R., et al.
(2016), Dual enrollment courses in Kentucky: High
school students’ participation and completion rates
(REL 2016–137). Washington, DC: U.S. Department
of Education, Institute of Education Sciences,
Retrieved from https://ies.ed.gov/ncee/edlabs/
regions/appalachia/pdf/REL_2016137.pdf. Also see
Miller, Trey, et al. (2017), Dual Credit Education in
Texas: Interim Report, RAND Corporation.
Retrieved from: https://www.rand.org/pubs/
research_reports/RR2043.html.
29 See, for example, National Academy
Foundation (2017). Guide to Work-Based Learning:
A Continuum of Activities and Experience. New
York, NY: National Academy Foundation. Retrieved
from: https://ioer.ilsharedlearning.org/ContentDocs/
bc2cc184-41bf-464b-a363-11a554da4126/303/
Guide_to_Work-Based_Learning.pdf; and Ross, M.,
Kazis, R., Bateman, N., and Stateler, L. (2020).
Work-Based Learning Can Advance Equity and
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pre-apprenticeships, and Registered
Apprenticeships in which young people
also receive one-to-one coaching
support from a caring adult and support
for planning life after high school can
have a positive influence on their
futures. For example, a random
assignment evaluation of the Urban
Alliance internship program that chiefly
served students from low-income
backgrounds and whose overall average
cumulative junior year GPA was 2.7
found strong and enduring impacts on
the educational attainment of young
men. The internship increased their
likelihood of on-time high school
graduation, enrollment in postsecondary
education, and their attainment of an
associate degree or persistence into the
third year of college.30 Other research
suggests that the benefits of work-based
learning during adolescence can
continue well into adulthood. Using
data from the National Longitudinal
Survey of Youth of 1997 and a quasiexperimental research design,
researchers found that, for young people
from low-income backgrounds,
participation in work-based learning—
such as cooperative education, an
internship, or Registered
Apprenticeship—or in an employer
mentorship program in high school was
associated with holding a high-quality
job at age 29, as measured by wages,
benefits, hours, and job satisfaction.31
Industry-Recognized Credential.
Education programs that incorporate the
opportunity to earn an in-demand and
high-value industry-recognized
credential can give young people a leg
up in the labor market when they
graduate from high school, particularly
if schools are discerning and only offer
programs that lead to credentials that
are in high demand and for which there
is a significant earnings premium. This
is particularly important for young
people who choose not to pursue further
learning immediately after high
school 32 or those who choose to work
Opportunity for America’s Young People.
Washington, DC: Brookings Institution. Retrieved
from: https://www.brookings.edu/research/workbased-learning-can-advance-equity-andopportunity-for-americas-young-people/.
30 Theodos, B., Pergamit, M.R. et al. (2017),
Pathways after High School: Evaluation of the
Urban Alliance High School Internship Program.
Washington, DC: Urban Institute. Retrieved from:
https://www.urban.org/research/publication/
pathways-after-high-school-evaluation-urbanalliance-high-school-internship-program.
31 Ross, M., Anderson Moore, K., et al. (2018),
Pathway to High Quality Jobs for Young Adults.
Washington, DC; Metropolitan Policy Program at
Brookings and Child Trends. Retrieved from: https://
www.brookings.edu/research/pathways-to-highquality-jobs-for-young-adults/.
32 For example, the labor force participation rate
of high school graduates with a certification or
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31199
and learn simultaneously. Earning an
industry-recognized credential also may
be valuable in promoting postsecondary
enrollment and advancement; several
studies have found a positive
association between earning an
industry-recognized credential while in
high school and enrollment in
postsecondary education, as well as
completion of an associate degree.33
Scrutinizing the value added by
particular industry-recognized
credentials also is important, because
many in the universe of more than 7,500
occupational certifications 34 are not
sought by employers. One study that
examined 16 million job postings from
employers found that 1.4 million
postings asked for at least one of nearly
2,500 distinct certifications. Employer
demand was concentrated on a small
subset of these credentials, with 4
percent of the employer-requested
credentials accounting for 75 percent of
the total demand.35
Another study that examined the
industry-recognized credentials earned
by secondary students in 30 states found
that just 18 percent of credentials were
aligned with employer demand.36 A
recent study that examined the
relationship between industryrecognized credentials earned by Texas
professional license, but no further education, is 35
percent higher than the participation rate of high
school graduates who lack one of these credentials,
and their median weekly earnings are 17 percent
higher. See Cunningham, Eva (2019), ‘‘Professional
certifications and occupational licenses: evidence
from the Current Population Survey,’’ Monthly
Labor Review, June 2019, Bureau of Labor Statistics,
U.S. Department of Labor. Retrieved from: https://
www.bls.gov/opub/mlr/2019/article/professionalcertifications-and-occupational-licenses.htm.
33 Walsh, M., O’Kane, L. et al. (2019), Where
Credentials Meet the Market: State Case Studies on
the Effect of High School Industry Credentials on
Educational and Labor Market Outcomes. ExcelinEd
and Burning Glass Technologies. Retrieved from:
https://excelined.org/wp-content/uploads/2019/05/
ExcelinEdBurningGlassTechnologies.
CredentialsMatter.WhereCredentials
MeetTheMarket.June2019.pdf; Glennie, E.J., Ottem,
R., and Lauff, E. (2020), ‘‘The Influence of Earning
an Industry Certification in High School on Going
to College: The Florida CAPE Act,’’ Journal of
Career and Technical Education 2020, Vol. 35, No.
1. Retrieved from: https://files.eric.ed.gov/fulltext/
EJ1310506.pdf.
34 Credential Engine (2022), Counting U.S.
Postsecondary and Secondary Credentials.
Retrieved from: https://credentialengine.org/wpcontent/uploads/2023/01/FinalCountingCredentials_2022.pdf.
35 Burning Glass Technologies (2017), The
Narrow Ladder: The Value of Industry Certifications
in the Job Market. Retrieved from: https://
www.burning-glass.com/wp-content/uploads/
BurningGlass_certifications_2017.pdf.
36 Burning Glass Technologies and ExcelinEd
(2020), Credentials Matter Phase 2: A 2020 Update
on Credential Attainment and Workforce Demand
in America. Retrieved from: https://
www.excelined.org/wp-content/uploads/2020/09/
ExcelinEd.CredentialsMatter.Phase2_
.Report.2020Update.pdf.
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students and their post-high school
education and labor market outcomes
found that the universe of credentials
related to success after high school,
defined by the study as enrolling in
postsecondary education or earning at
least 200 percent of the poverty level for
a single adult, was small and limited to
credentials awarded within four career
clusters: arts, audiovisual technology,
and communications; business; health
science; and information technology.37
Due diligence by educators in
investigating the value of different
industry-recognized credentials can
ensure that students focus their
attention on earning only those that are
in-demand and high-value.
The Department is committed to
advancing equity and to examining and
addressing the sources of inequities in
educational opportunities. Perkins V
emphasizes supports for students who
are members of special populations (as
defined in section 3(48) of Perkins V).
The populations of students described
in the Perkins V definition align with
many of the populations included in the
definition of underserved students in
the Secretary’s Supplemental Priorities
and Definitions for Discretionary Grants
Programs, published in the Federal
Register on December 10, 2021 (86 FR
70612)(Supplemental Priorities). In a
future competition, the Department may
choose to include one or more of the
Supplemental Priorities that focus
resources on underserved students.
We note that there is one related
proposed program requirement to
address implementation of one or more
of the four pillars described in this
proposed priority. It would require that
each grantee’s project plan include a
timeline for implementation of one or
more of the four pillars of careerconnected learning for students served
by the project, by no later than the end
of the fifth year of the project. The
requirement would also require each
grantee to submit an annual report
documenting progress on the
implementation plan and the timeline.
We recognize that grantees are likely to
be in different stages of developing and
implementing one or more of the four
pillars described in the proposed
priority at the onset of the grant period,
and that some grantees will need more
time to focus on one or more of the
pillars; however, we also emphasize that
implementing a cohesive and integrated
plan for transforming high schools is
37 Giani, M. (2022), How Industry-Recognized
Credentials in High School Shape Students’
Education and Employment Outcomes. Washington
DC: Thomas B. Fordham Institute (August 2022).
Retrieved from: https://fordhaminstitute.org/
national/research/industry-recognized-credentials.
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more likely to be sustainable and
effective in preparing all students
equitably for their futures.
Finally, while we propose to include
all four pillars of career-connected
learning in this priority, in future
competitions we may focus on all or a
subset of the pillars.
Proposed Priority:
To meet this priority, an applicant
must submit a detailed 5-year planning
and implementation plan to increase the
alignment of the last 2 years of high
school and the first 2 years of
postsecondary education in one or more
high schools that describes the extent to
which the applicant is currently
implementing career-connected
learning, with supporting data if
available; and describes how the
applicant will substantially increase the
proportion of students who graduate
from high school with one or more of
the following four pillars of career
connected learning:
(a) Education and career goals
documented in a personalized
postsecondary education and career
plan (as defined in this notice) that was
updated in each year of high school
through a system of career guidance and
academic counseling (as defined in
section 3(7) of Perkins V) and
postsecondary education navigation
supports;
(b) Postsecondary credits earned from
dual or concurrent enrollment programs
(as defined in section 3 of Perkins V);
(c) Work experience gained through
participation in one or more work-based
learning opportunities (as defined in
section 3 of Perkins V) for which they
received wages or academic credit or
both; or
(d) An in-demand and high-value
industry-recognized credential (as
defined in this notice).
Proposed Priority 2—Partnership
Applications
Background:
Projects that seek to transform high
schools and equip students with the
knowledge and skills they will need to
succeed in further learning and the
labor market are likely to be more
cohesive if they are carried out through
a partnership that includes an LEA, a
community or technical college or
another IHE, and, to ensure the project
prepares students for careers in demand,
employers. Other relevant community
stakeholders, such as local workforce
development boards, labor-management
partnerships, youth-serving
organizations, and nonprofit
organizations, may also be engaged. For
this reason, the Department proposes a
priority for applications submitted by an
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eligible applicant that includes these
types of partners in implementing
successful projects.
Applicants would also be required to
provide a preliminary memorandum of
understanding (MOU) or partnership
agreement among all partner entities
identified at the time of the application,
that describes the roles and
responsibilities of each partner in
carrying out the proposed project.
Understanding that some decisions
about implementation may take more
time and additional partners, we
propose maintaining flexibility in the
partnership agreement. Separately in
this notice, the Department proposes to
establish a requirement that PIM
partnership grantees submit a formal
MOU that includes all members of the
partnership 120 days after the grant is
awarded.
Proposed Priority:
To meet this priority, an application—
(1) Must be submitted by an applicant
that includes one or more partners in
each of the following categories:
(A) A local educational agency
(including a public charter school local
educational agency), an area career and
technical education school, an
educational service agency serving
secondary school students, an Indian
Tribe, Tribal organization, or Tribal
educational agency, eligible to receive
assistance under section 131 of Perkins
V;
(B) A community or technical college
or other institution of higher education
(IHE) eligible to receive assistance under
section 132 of Perkins V; and
(C) A business or industry
representative partner, which may
include representatives of local or
regional businesses or industries;
(2) May include any other relevant
community stakeholders, such as local
workforce development boards, labormanagement partnerships, youthserving organizations, and nonprofit
organizations; and
(3) Must include a partnership
agreement or proposed memorandum of
understanding (MOU) among all
members of the application, identified
at the time of the application, that
describes the role of each partner in
carrying out the proposed project and
the process for a formal MOU to be
established.
Proposed Priority 3—State and Regional
Partnerships
Background:
To strengthen projects funded under
PIM and to expand the reach of PIM
funding, the Department is interested in
proposed projects that would either
include the participation of one or more
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State agencies or that would bring
together multiple LEAs within a
geographic region.
State agencies can play a powerful
role in transforming public high schools
and strengthening the alignment of
secondary and postsecondary education
to careers through both policymaking
and the provision and use of State
expertise, funding, and assets. The State
higher education agency, for example,
establishes minimum admissions
criteria and policies to determine
placement in credit-bearing coursework,
while State educational agencies (SEAs)
typically establish minimum high
school graduation requirements. State
agencies, such as an eligible agency (as
defined in section 3 of Perkins V), also
may connect data between elementary
and secondary, postsecondary
education, and workforce systems that
would be helpful to projects in
understanding student progression and
outcomes reporting. Other examples
include—
• The SEA and the State workforce
development agency partnering to
provide tools and training to school
counselors and others involved in
supporting students in creating and
updating personalized postsecondary
education and career plans to help them
identify in-demand jobs in the State or
region that pay a living wage.
• The State higher education agency
establishing statewide articulation and
credit transfer agreements that ensure
that the postsecondary credits earned by
students through dual or concurrent
enrollment are accepted at all public
IHEs in the State.
• The SEA waiving or altering the
State’s definition of instructional time
so that the proposed project could
consider time spent in work-based
learning programs as instructional time.
• The State agency that oversees the
State’s longitudinal data system
analyzing educational and labor market
data to assist projects in identifying indemand and high-value industryrecognized credentials.
Regional partnerships can facilitate
and strengthen project implementation.
For example, identifying and
coordinating work-based learning
opportunities may be more effective and
achieve certain economies of scale if it
is undertaken by a consortium that
includes all of the LEAs within a
particular labor market area, rather than
implemented by each LEA
independently. Similarly, a community
or technical college that serves a
geographic area that includes multiple
LEAs may find it beneficial and less
costly to implement new dual or
concurrent policies universally within
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its service area, rather than limiting
these policies to students enrolled at
one LEA.
For these reasons, the Department
proposes to establish a priority for
applications submitted by State and
regional partnerships.
Proposed Priority:
To meet this priority—
(a) State Partnership—A State
partnership application—
(1) must be submitted by an applicant
that includes one or more partners in
each of the following categories:
(A) A State agency, such as an SEA,
State higher education agency or
system, State workforce development
agency, Governor’s office, or a State
economic development agency; and
(B) An LEA (including a public
charter school local educational
agency), an area career and technical
education school, an educational service
agency, an Indian Tribe, Tribal
organization, or Tribal educational
agency, eligible to receive assistance
under section 131 of Perkins V;
(C) A community or technical college
or another IHE eligible to receive
assistance under section 132 of Perkins
V;
(D) A business or industry
representative partner, which may
include representatives of local or
regional businesses or industries; and
(2) May include any other relevant
community stakeholders, such as local
workforce development boards, labormanagement partnerships, youthserving organizations, and nonprofit
organizations; and
(3) Must include a description of how
the project will be coordinated among
partners and will leverage State
resources in the achievement of program
outcomes and the partnership’s scope of
activities that will support development
or implementation of one or more of the
pillars of career-connected learning,
which may include setting up a
governance structure to support
implementation, reviewing or changing
State policies, setting goals, using data
to inform decisions, and convening
stakeholders; and
(4) Must include a partnership
agreement or proposed memorandum of
understanding (MOU) among all partner
entities, identified at the time of the
application, that describes the role of
each member of the partnership in
carrying out the proposed project and
the process for a formal MOU to be
established.
(b) Regional Partnership—A regional
partnership application—
(1) Must be submitted by a
partnership that includes one or more
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members from each of the following
categories:
(A) An LEA (including a public
charter school that operates as an LEA),
an area career and technical education
school, an educational service agency,
an Indian Tribe, Tribal organization, or
Tribal educational agency, eligible to
receive assistance under section 131 of
Perkins V;
(B) A community or technical college
or another IHE eligible to receive
assistance under section 132 of Perkins
V;
(C) A business or industry
representative partner, which may
include representatives of local or
regional businesses or industries; and
(2) Must propose to serve two or more
LEAs in the same State or region;
(3) May include any other relevant
community stakeholders, such as local
workforce development boards, labormanagement partnerships, youthserving organizations, and non-profit
organizations; and
(4) Must include a description of how
the project will be coordinated among
partners that share a common economic
region or labor market area, utilize labor
market information to support
development or implementation of the
four pillars of career-connected
learning, and leverage regional, State, or
other resources in the achievement of
program outcomes; and
(5) Must include a partnership
agreement or proposed memorandum of
understanding (MOU) among all partner
entities, identified at the time of the
application, that describes the role of
each member of the partnership in
carrying out the proposed project and
the process for a formal MOU to be
established.
Proposed Priority 4—Serving Students
from Families with Low Incomes
Background:
Section 114(e)(4) of Perkins V
instructs the Secretary to give priority to
PIM projects that will predominantly
serve students from low-income
families.38 To encourage and support
efforts to increase the number of
innovative and high-quality programs
available to students from families with
low incomes, particularly in the
Nation’s high-poverty communities, we
propose to operationalize this statutory
priority by requiring an applicant to
describe its plan to serve students from
families with low incomes and provide
evidence that a specific minimum
38 Section 114(e)(4) of Perkins V instructs the
Secretary to give priority to PIM projects that will
predominantly serve students from low-income
families (also referred to as ‘‘families with low
incomes’’).
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percentage of students from families
with low incomes will be served by the
project over the course of the grant
project period.
Proposed Priority:
To meet this priority, applicants must
submit a plan to predominantly serve
students from families with low
incomes.
The plan must include—
(a) The specific activities the
applicant proposes to ensure that the
project will predominantly serve
students from low-income families;
(b) The timeline for implementing the
activities;
(c) The parties responsible for
implementing the activities;
(d) The key data sources and
measures demonstrating that the project
is designed to predominantly serve
students from low-income families; and
(e) Evidence that at least 51 percent of
the students to be served by the project
are from low-income families.
When demonstrating that the project
is designed to predominantly serve
secondary students from low-income
families, the applicant must use one or
more of the following data sources and
measures for projects that will serve
secondary students: children aged 5
through 17 in poverty counted in the
most recent census data approved by the
Secretary; 39 students eligible for a free
or reduced-price lunch under the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
students whose families receive
assistance under the State program
funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et
seq.); students who are eligible to
receive medical assistance under the
Medicaid program; residence in a
Census tract, a set of contiguous Census
tracts, an American Indian Reservation,
Oklahoma Tribal Statistical Area (as
defined by the U.S. Census Bureau),
Alaska Native Village Statistical Area or
Alaska Native Regional Corporation
Area, Native Hawaiian Homeland Area,
or other Tribal land as defined by the
Secretary of Labor in guidance, or a
county that has a poverty rate of at least
25 percent as set every 5 years using
American Community Survey 5-year
data; or a composite of such indicators.
Applicants may use data from
elementary or middle schools that feed
into a secondary school to establish that
51 percent of the students to be served
by the project are students from lowincome families.
For projects that will serve
postsecondary students, the applicant
39 The U.S. Census Bureau LEA poverty estimates
are available at: www.census.gov/data/datasets/
2017/demo/saipe/2017-school-districts.html.
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must use one or more of the following
data sources to demonstrate that the
project is designed to predominantly
serve students from families with lowincomes: students who are recipients of
Federal Pell Grants or tuition assistance
from the Bureau of Indian Education;
students who receive, or whose families
receive, assistance under the State
program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601
et seq.); students who are eligible to
receive medical assistance under the
Medicaid program; or a composite of
such indicators.
Proposed Priority 5—Rural
Communities
Background:
Section 114(e)(5) of Perkins V directs
the Department to award no less than 25
percent of PIM grant funds to projects
proposing to fund career and technical
education (CTE) activities that serve: (1)
LEAs with an urban-centric district
locale code of 32, 33, 41, 42, or 43, as
determined by the Secretary (‘‘rural
communities’’); 40 (2) IHEs that
primarily serve one or more areas served
by such an LEA; (3) a consortium of
such LEAs or IHEs; (4) a partnership
between such LEAs or IHEs and an
educational service agency or a
nonprofit organization; or (5) a
partnership between such LEAs or IHEs
and a State educational agency (SEA).
The 25 percent funding requirement
applies, however, only if the
Department receives enough
applications of sufficient quality.
To confirm that proposed projects
will serve students in rural communities
(as defined in this notice), the
Department proposes that an applicant
identify the rural LEA(s), including by
providing each LEA’s NCES
identification number, that it proposes
to serve.
Proposed Priority:
To meet this priority, an applicant
must demonstrate that the proposed
project will serve students residing in
rural communities (as defined in this
notice) and identify, by name, National
40 The National Center for Education Statistics
(NCES) has established 12 geographic
classifications for schools and LEAs and identified
corresponding locale codes. NCES classifies schools
based on the type of geographic area where a school
is physically located. It then classifies LEAs based
on the enrollment-weighted locale assignments of
the schools operated by the LEA. If a single locale
accounts for a majority of the students in the LEA’s
schools, that locale is also assigned to the LEA. If
there is not a majority, the LEA is assigned to the
locale that accounts for a plurality of enrollmentweighted schools. The LEA locale codes identified
in section 114(e)(5) of Perkins V correspond to the
following locales: distant town (32), remote town
(33), fringe rural (41), remote rural (42), and distant
rural (43).
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Center for Education Statistics (NCES)
LEA identification number, and NCES
locale code, the rural LEA(s) that it
proposes to serve in its grant
application. Applicants may retrieve
locale codes from the NCES School
District search tool (nces.ed.gov/ccd/
districtsearch/).
Types of Priorities:
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Proposed Requirements
Proposed Program Requirements
Background:
We propose to establish five program
requirements, with respect to the
matching requirement in section
114(e)(2) of Perkins V, the programs of
study offered to students by each
project, the independent evaluation (as
defined in this notice) required by
section 114(e)(8) of Perkins V, a final
MOU, and a project implementation
plan and timeline. We may apply these
requirements in any year in which this
program is in effect.
1. Matching Contributions. Section
114(e)(2) of Perkins V requires grantees
to make a cash or in-kind matching
contribution from non-Federal sources
in an amount equal to not less than 50
percent of the funds provided under the
grant. We propose to clarify that the
supplanting prohibition in section
211(a) of Perkins V applies to grant
funds provided under this program but
does not apply to the matching
requirement. This proposed clarification
would enable a grantee to meet the
matching requirement with non-Federal
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funds that were used by a grantee to
support activities allowable under this
program prior to its receipt of the grant.
We believe this proposed clarification is
consistent with the purposes of PIM to
support the development and
independent evaluation of innovations
that, if successful, can be implemented
as alternatives or improvements to
existing activities and uses of funds. We
also propose to clarify that contributions
provided to meet the matching
requirement in section 114(e)(2) of
Perkins V may accrue over the duration
of the first 3 years of the grant award
period and, if applicable, the final 2
years of the grant award period so long
as the grantee makes progress toward
meeting the matching requirement in
each year of the grant award period. In
other words, a grantee would not be
required to match 50 percent of the
amount of each annual grant award but
would instead be required to match 50
percent of the total grant award
provided over the first 3-year project
period and to make progress in meeting
the requirement every year. If the
project received funding for the fourth
and fifth years of the project, the grantee
would be required to match 50 percent
of the funds provided over this two-year
period. We propose this clarification
because we anticipate that grantees may
find it challenging to identify matching
contributions at the beginning of the
project period and could more readily
identify contributions once the project
is underway.
Section 114(e)(2)(B) of Perkins V
authorizes the Secretary to waive the 50
percent matching requirement when an
applicant ‘‘demonstrates exceptional
circumstances.’’ We propose to identify
illustrative examples of ‘‘exceptional
circumstances’’ to clarify for prospective
applicants the considerations the
Department would make in assessing an
applicant’s efforts to ‘‘demonstrate
exceptional circumstances.’’ These
examples are based on examples of
‘‘exceptional circumstances’’ identified
in section 4611(d) of the Elementary and
Secondary Education Act of 1965
(ESEA) (20 U.S.C. 7261(d)), which
authorizes the Secretary to waive the 10
percent matching requirement for grants
awarded under the Education
Innovation and Research (EIR) program
on a case-by-case basis. The EIR
program is similar in purpose and
design to PIM because, like PIM, EIR
supports the development and
evaluation of innovations.41 In addition
41 Section 4611(a) of ESEA authorizes the
Secretary to make awards under EIR to ‘‘create,
develop, implement, replicate, or take to scale
entrepreneurial, evidence-based, field-initiated
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to the EIR examples, we are proposing
to add as an example those IHEs that, in
the current or preceding year, have been
granted a waiver by the Department of
certain non-Federal cost-sharing
requirements under the Federal Work
Study program, the Federal
Supplemental Educational Opportunity
Grants program, or the TRIO Student
Support Services program. These
waivers are granted to IHEs that have
low education and general expenditures
and serve a large proportion of students
receiving need-based assistance under
Title IV of the Higher Education Act of
1965.
The examples of ‘‘exceptional
circumstances’’ we are proposing are
illustrative only and intended to
provide guidance to prospective
applicants on the kinds of
considerations the Department would
make in assessing the merits of a waiver
request. We welcome comment on these
proposed examples. The Department
would evaluate each waiver request on
a case-by-case basis, examining the
individual circumstances described by
an applicant. Additionally, the
Department may find other
circumstances that are not described in
the proposed examples to be
‘‘exceptional’’ and for which granting a
waiver is appropriate.
Proposed Requirement:
(a) A grantee must provide from nonFederal sources (e.g., State, local, or
private sources), an amount equal to not
less than 50 percent of funds provided
under the grant, which may be provided
in cash or through in-kind
contributions, to carry out activities
supported by the grant, except that the
Secretary may waive the matching funds
requirement, on a case-by-case basis,
upon a showing of exceptional
circumstances, such as (but not limited
to)—
(1) The difficulty of raising matching
funds for a program to serve a rural area.
(2) The difficulty of raising matching
funds on Tribal land.
(3) The difficulty of raising matching
funds in areas with a concentration of
local educational agencies or schools
with a high percentage of students aged
5 through 17—
(A) who are living in poverty, as
counted in the most recent census data
approved by the Secretary;
(B) who are eligible for a free or
reduced-price lunch under the Richard
B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
(C) whose families receive assistance
under the State program funded under
innovations to improve student achievement and
attainment for high-need students’’ and ‘‘rigorously
evaluate such innovations.’’
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part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.); or
(D) who are eligible to receive medical
assistance under the Medicaid program.
(4) The difficulty of raising matching
funds by an institution of higher
education that, during the current or
preceding year, has been granted a
waiver by the Department of certain
non-Federal cost-sharing requirements
under the Federal Work Study program,
the Federal Supplemental Educational
Opportunity Grants program, or the
TRIO Student Support Services program
because it has low education and
general expenditures and serves a large
proportion of students receiving needbased assistance under Title IV of the
Higher Education Act.
(b) Non-Federal funds used by a
grantee to support activities allowable
under this program prior to its receipt
of the grant may be used to meet the
matching requirements of this program.
The prohibition against supplanting
non-Federal funds in section 211(a) of
Perkins V applies to grant funds
provided under this program but does
not apply to the matching requirement.
(c) Matching funds provided by a
grantee may be met over the full
duration of the grant award period,
rather than per year, except that the
grantee must make progress towards
meeting the matching requirement in
each year of the grant award period.
2. Programs of Study. We propose to
require that the programs of study
offered by projects to students meet two
requirements. First, we propose to
require that, by no later than the end of
the first year of the project, the portion
of each program of study that is
intended to be completed during high
school be aligned with the entrance
requirements for public IHEs in the
State and those institutions’ standards
and criteria for accessing college-credit
courses. We propose this requirement so
that programs of study will prepare
students for postsecondary education
without need for remediation that could
delay or prevent their completion of a
postsecondary credential.
Second, we propose to require that
projects offer students programs of
study that culminate with an associate,
baccalaureate, or advanced degree, or
that lead seamlessly to and through a
Registered Apprenticeship program.
This proposed requirement would
permit programs of study to include the
attainment of an industry-recognized
credential or a postsecondary certificate,
but they could not be the terminal
credential in the program of study. We
propose this requirement so that
students will have the opportunity to
choose pathways that lead to credentials
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that have the greatest value in the labor
market, and so that students can always
choose to return to education as a means
of lifelong learning and upskilling
throughout their career advancement.
Eight state-level longitudinal studies
carried out by researchers associated
with the Center for Analysis of
Postsecondary Education and
Employment, which was funded by the
Institute of Education Sciences between
2011 and 2017, found that, for each
quarter after college, the earnings of
male and female associate degree
holders were approximately $1,160 and
$1,790 higher per quarter, respectively,
than for persons who attended
community college but did not earn a
credential. In contrast, on average, male
and female certificate holders earned
approximately $530 and $740 more per
quarter than persons who attended
community college but did not earn a
credential. In two of the state studies,
moreover, the labor market returns to
certificates were negative.42
Depending on field of study, the
economic returns to bachelor’s degrees
are at least as high as those for associate
degrees and are often considerably
greater. Using data from the American
Community Survey, Hamilton Project
economists examined the lifetime
earnings of adults at different levels of
educational attainment for 80 fields of
study. The lifetime median earnings of
bachelor’s degree graduates were at least
as high as the lifetime median earnings
of associate degree holders for all but
four fields of study and were often
much higher. The typical bachelor’s
degree holder earned $335,000 more in
cumulative career earnings than what
the typical associate degree graduate
earned.43
Proposed Requirement:
By no later than the end of the first
year of the project, courses in programs
of study offered by grantees to students
for completion during high school must
be designed to meet the entrance
requirements and expectations for
placement in credit-bearing coursework
at public, in-state IHEs. The programs of
study offered to students by grantees
may include opportunities to attain an
industry-recognized credential or a
42 Belfield, C. and Bailey, T. (2017), The Labor
Market Returns to Sub-Baccalaureate College: A
Review. Center for Analysis of Postsecondary
Education and Employment, Teachers College,
Columbia University. Retrieved from: https://
ccrc.tc.columbia.edu/publications/labor-marketreturns-sub-baccalaureate-college-review.html.
43 Hershbein, B. and M. Kearney (2014), Major
Decisions: What Graduates Earn Over Their
Lifetimes. The Hamilton Project. Retrieved from:
https://www.hamiltonproject.org/papers/major_
decisions_what_graduates_earn_over_their_
lifetimes.
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postsecondary certificate that
participating students may earn during
high school but must culminate with an
associate, bachelor’s, or advanced
degree, or completion of a Registered
Apprenticeship Program, upon
completion of additional postsecondary
education after high school graduation.
3. Independent Evaluation. Section
114(e)(8) of Perkins V requires each
grantee to support an independent
evaluation of its project. We are
proposing to require that this evaluation
include the collection and reporting of
a set of common indicators to measure,
in accordance with Department
instructions, the extent to which the
grantee is implementing careerconnected high schools and achieving
the program objectives. These proposed
indicators include, for example, the
percentage of students who graduated
from high schools served by the
proposed project who, prior to or upon
graduation, earned postsecondary
credits through their successful
participation in dual or concurrent
enrollment programs, completed a
work-based learning opportunity for
which the student received wages or
academic credit, and earned an
industry-recognized credential.
Consistent with section 114(e)(8)(B) of
Perkins V, we further propose to require
the evaluation to disaggregate these
indicators by major racial and ethnic
group and special population (as
defined by section 3 of Perkins V).
Additionally, the evaluation would
assess the grantee’s success in
implementing any project-specific
objectives and, consistent with the
requirements of section 114(e)(8)(A) of
Perkins V, collect data on the
performance indicators established in
section 113 of Perkins V. Data collected
for the evaluation may also be used to
support a grantee’s request for funding
for years 4 and 5 of the project. Under
section 114(e) of Perkins V, the
Department may extend PIM grants after
3 years for one additional 2-year period
if the grantee demonstrates that the
project is achieving its program
objectives and, as applicable, has
improved education outcomes for CTE
students, including special populations.
Proposed Requirement:
(a) The independent evaluation (as
defined in this notice) supported by a
grantee must, in accordance with
instructions and definitions provided by
the Secretary, report annually the
number and percentage of students who
graduated from high schools served by
the proposed project who, prior to or
upon graduation—
(1) Earned, through their successful
participation in dual or concurrent
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enrollment programs in academic or
career and technical education subject
areas —
(i) any postsecondary credits; and,
separately,
(ii) 12 or more postsecondary credits.
(2) Completed 40 or more hours of
work-based learning for which they
received wages or academic credit, or
both.
(3) Attained an industry-recognized
credential that is in-demand in the
local, regional, or State labor market and
associated with one or more jobs with
median earnings that exceed the median
earnings of a high school graduate.
(4) Met, in each year of high school,
with a school counselor, college adviser,
career coach, or other appropriately
trained adult for education and career
counseling during which they reviewed
and updated a personalized
postsecondary educational and career
plan (as defined by this notice).
(b) The outcomes described in
paragraph (a) must be disaggregated
by—
(1) Subgroups of students, described
in section 1111(c)(2)(B) of the ESEA;
and
(2) Special populations, as defined by
section 3(48) of Perkins V; and
(c) The independent evaluation (as
defined in this notice) supported by a
grantee must also report annually on
any project-specific indicators identified
by the grantee.
4. Final MOU. Proposed Priority 2
would permit applicants submitting
partnership applications to include with
their applications a preliminary MOU
among the partners. We propose to
require grantees that submitted
partnership applications to provide the
Department with a final MOU within
120 days of the grant award.
Proposed Requirement:
Within 120 days of receipt of its grant
award, each grantee that submitted a
partnership application must submit a
final memorandum of understanding
(MOU) among all partner entities that
describes the roles and responsibilities
of the partners in carrying out the
project and its activities.
5. Project Implementation Plan and
Timeline. Proposed Priority 1 requires
that each applicant submit a detailed 5year planning and implementation plan
to increase the alignment of the last 2
years of high school and the first 2 years
of postsecondary education in one or
more high schools. We propose a
requirement that by no later than the
end of the fifth year of the project, each
grantee’s project will implement one or
more of the four pillars of careerconnected learning, as described in
Proposed Priority 1 for students served
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by the project, according to the
applicant’s project implementation
plan. We propose this requirement to
reinforce that the overall goal of the
program is to implement a cohesive and
integrated plan for transforming high
schools to prepare all young people
effectively and equitably for their
futures. We recognize that some
grantees will be further along in
developing policies and programming
related to one or more of the four pillars
at the outset of the project period, while
others will need more time to focus on
starting up one or more of the pillars.
Grantees will be required to submit an
implementation report on an annual
basis.
Proposed Requirement:
Each grantee must have a project plan
that includes an implementation
timeline with benchmarks to implement
one or more of the four pillars of careerconnected learning for students served
by the project, as described in Proposed
Priority 1, by no later than the end of
the fifth year of the project. Each grantee
will submit a progress report
documenting progress on the
implementation plan and the timeline
on an annual basis.
Proposed Application Requirements:
We propose four application
requirements, one relating to matching
funds and three related to the course
sequences of the programs of study that
will be offered to students by the
proposed project. We may apply these
requirements in any year in which this
program is in effect.
1. Demonstration of Matching Funds.
Section 114(e)(2) of Perkins V requires
each grantee to provide from nonFederal sources (e.g., State, local, or
private sources), an amount equal to not
less than 50 percent of funds provided
under the grant, which may be provided
in cash or through in-kind
contributions, to carry out activities
supported by the grant unless the
requirement is waived due to
‘‘exceptional circumstances.’’ To
implement this requirement, we
propose to require each applicant to
include in its grant application a budget
detailing the source of the matching
funds or a request for a waiver of the
matching requirement. An applicant
seeking a waiver of the matching
requirements must describe and provide
evidence of the exceptional
circumstances that make it difficult for
the applicant to provide matching
funds, and an indication as to how it
would carry out its proposed project if
the matching requirement is not waived.
Proposed Requirement:
(a) Each applicant must provide from
non-Federal sources (e.g., State, local, or
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private sources) an amount equal to not
less than 50 percent of funds provided
under the grant, which may be provided
in cash or through in-kind
contributions, to carry out activities
supported by the grant unless it receives
a waiver due to exceptional
circumstances. The applicant must
include in its grant application a budget
detailing the source of the matching
funds or a request to waive the entirety
or a portion of the matching
requirement due to exceptional
circumstances.
(b) An applicant that is unable to meet
the matching requirement must include
in its application a request to the
Secretary to reduce the matching
requirement, including the amount of
the requested reduction, the total
remaining match contribution, an
explanation and evidence of the
exceptional circumstances that make it
difficult for the applicant to provide
matching funds, and an indication as to
whether it can carry out its proposed
project if the matching requirement is
not waived.
2. Programs of Study. We propose to
require each applicant to identify and
describe in its application the course
sequences in the programs of study that
will be offered by schools in the
proposed project, including the
certificate of completion of a Registered
Apprenticeship or associate, bachelor’s,
or advanced degree that students may
earn by completing each program of
study.
Proposed Requirement:
Each applicant must identify and
describe in its application the course
sequences in the programs of study that
will be offered by high schools in the
proposed project, including the
associate, bachelor’s, advanced degree,
or certificate of completion of a
Registered Apprenticeship that students
may earn by completing each program
of study, and how students served by
the proposed project will have equitable
access to such programs of study.
3. Secondary and Postsecondary
Alignment. One of the program
requirements we propose in this notice
would require that, by no later than the
end of the first year of the project, the
secondary coursework offered to
students in funded projects be designed
to meet the entrance requirements and
expectations for placement in creditbearing coursework at public, in-state
IHEs. We propose a complementary
application requirement here. We
propose this requirement in order to
give peer reviewers information they
need to assess the extent to which the
proposed project will prepare all
students for postsecondary education
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without need for remediation, one of the
selection criteria proposed elsewhere in
this notice.
Proposed Requirement:
Each applicant must describe how it
has aligned or will align the secondary
coursework offered to students in
funded projects to meet the entrance
requirements and expectations for
placement in credit-bearing coursework
at public, in-state IHEs. If the alignment
has not been achieved at the time of
application, this description must
include a timeline for completion of this
work by the end of the first year of the
project, as well as information on the
persons who will be responsible for
these activities and their roles and
qualifications.
4. Articulation and Credit Transfer
Agreements. We propose to require each
applicant to provide an assurance that,
by no later than the end of the first year
of the project, LEAs and IHEs
participating in the project will execute
articulation or credit transfer
agreements that ensure that
postsecondary credits earned by
students in dual or concurrent
enrollment programs supported by the
project will be accepted for transfer at
the participating IHE and count toward
the requirements for earning
culminating postsecondary credentials
for programs of study offered to students
through the project. We propose this
requirement so that students’
participation in dual or concurrent
enrollment programs results in college
credits that may be used to accelerate
students’ completion of a postsecondary
credential.
Proposed Requirement:
Each applicant must include in its
application an assurance that by no later
than the end of the first year of the
project, LEAs, and IHEs participating in
the project will execute articulation or
credit transfer agreements that ensure
that postsecondary credits earned by
students in dual or concurrent
enrollment programs supported by the
project will be accepted for transfer at
each participating IHE and count toward
the requirements for earning
culminating postsecondary credentials
for programs of study offered to students
through the project.
Proposed Definitions:
The Secretary proposes the following
definitions for this program. We may
apply these definitions in any year in
which this program is in effect.
Independent evaluation means an
evaluation that is designed and carried
out independent of and external to the
grantee but in coordination with any
employees of the grantee who
developed a project component that is
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currently being implemented as part of
the grant activities.
Industry-recognized credential means
a credential that is—
(a) Developed and offered by, or
endorsed by, a nationally recognized
industry association or organization
representing a sizable portion of the
industry sector, or a product vendor;
(b) Awarded in recognition of an
individual’s attainment of measurable
technical or occupational skills; and
(c) Sought or accepted by multiple
employers within an industry or sector
as a recognized, preferred, or required
credential for recruitment, hiring,
retention, or advancement.
Personalized postsecondary
educational and career plan means a
plan, developed by the student and, to
the greatest extent practicable, the
student’s family or guardian, in
collaboration with a school counselor or
other individual trained to provide
career guidance and academic
counseling (as defined in section 3(7) of
Perkins V), that is used to help establish
personalized academic and career goals,
explore postsecondary and career
opportunities, identify programs of
study and work-based learning that
advance the student’s personalized
postsecondary education and career
goals, and establish appropriate
milestones and timelines for tasks
important to preparing for success after
high school, including applying for
postsecondary education and student
financial aid, preparing a resume, and
completing applications for
employment.
Rural community means an area
served by an LEA with an urban-centric
district locale code of 32, 33, 41, 42, or
43, as determined by the Secretary and
defined by the National Center for
Education Statistics (NCES) Locale
framework.
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Proposed Selection Criteria
Background:
We propose the following selection
criteria for evaluating an application
under this program. We may apply one
or more of these criteria in any year in
which this program is in effect. We
propose that the Department may use
one or more of the selection criteria
established in the notice of final
priorities, requirements, definitions, and
selection criteria; any of the selection
criteria in 34 CFR 75.210; or criteria
based on the statutory requirements for
the PIM program, in accordance with 34
CFR 75.209. In the NIA, we will
announce the maximum possible points
assigned to each criterion.
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Proposed Selection Criteria
(a) Significance.
In determining the significance of the
proposed project, the Department
proposes to consider one or more of the
following factors:
(1) The extent to which the proposed
project addresses a regional or local
labor market need identified through a
comprehensive local needs assessment
carried out under section 134(c) of
Perkins V or labor market information
produced by the State or other entity
that demonstrates the proposed project
will address State, regional, or local
labor market needs.
(2) The extent to which the proposed
project demonstrates that it will serve
students who are predominantly from
low-income families.
(3) The extent to which the proposed
project addresses significant barriers to
enrollment and completion in dual or
concurrent enrollment programs and
will expand access to these programs for
students served by the project.
(b) Quality of the project design.
In determining the quality of the
project design, the Department proposes
to consider one or more of the following
factors:
(1) The extent to which the proposed
project is likely to be effective in
increasing the successful participation
in dual or concurrent enrollment
programs (as defined by section 3 of
Perkins V) by students who are not
currently participating in such
programs, and the likely magnitude of
the increase.
(2) The extent to which the proposed
project will increase the successful
participation in work-based learning
opportunities (as defined by section 3 of
Perkins V) for which they received
wages or academic credit, or both, prior
to graduation by students who are not
currently participating in such
opportunities, and the likely magnitude
of the increase.
(3) The extent to which the proposed
project is likely to be effective in
increasing successful participation in
opportunities to attain an in-demand
and high-value industry-recognized
credential that is sought or accepted by
multiple employers within an industry
or sector as a recognized, preferred, or
required credential for recruitment,
hiring, retention, or advancement by
students who are not currently
participating in such opportunities, and
the likely magnitude of the increase.
(4) The extent to which the proposed
project will implement strategies that
are likely to be effective in eliminating
or mitigating barriers to the successful
participation by all students in dual or
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concurrent programs (as defined by
section 3 of Perkins V), work-based
learning opportunities (as defined by
section 3 of Perkins V), and
opportunities to attain in-demand and
high-value industry-recognized
credentials (as defined in this notice),
including such barriers as the out-ofpocket costs of tuition, books, and
examination fees; transportation; and
eligibility requirements that do not
include multiple measures of assessing
academic readiness.
(5) The extent to which the proposed
project will provide all students
effective and ongoing career guidance
and academic counseling (as defined by
section 3 of Perkins V) in each year of
high school that—
(A) Will likely result, by no later than
the end of the second year of the project,
in a personalized postsecondary
education and career plan for each
student that is updated at least once
annually with the assistance of a school
counselor, career coach, mentor, or
other adult trained to provide career
guidance and counseling to high school
students; and
(B) Includes the provision of current
labor market information about careers
in high-demand fields that pay living
wages; advice and assistance in
identifying, preparing for, and applying
for postsecondary educational
opportunities; information on Federal
student financial aid programs; and
assistance in applying for Federal
student financial aid.
(6) The extent to which the proposed
project is likely to prepare all students
served by the project to enroll in
postsecondary education following high
school without need for remediation.
(c) Quality of the management plan.
In determining the quality of the
management plan, the Department
proposes to consider one or more of the
following factors:
(1) The extent to which the project
goals are clear, complete, and coherent,
and the extent to which the project
activities constitute a complete plan
aligned to those goals, including the
identification of potential risks to
project success and strategies to mitigate
those risks;
(2) The extent to which the
management plan articulates key
responsibilities for each party involved
in the project and also articulates welldefined objectives, including the
timelines and milestones for completion
of major project activities, the metrics
that will be used to assess progress on
an ongoing basis, and annual
performance targets the applicant will
use to monitor whether the project is
achieving its goals;
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(3) The adequacy of the project’s
staffing plan, particularly for the first
year of the project, including:
(A) The identification of the project
director and, in the case of projects with
unfilled key personnel positions at the
beginning of the project, a description of
how critical work will proceed; and
(B) The extent to which the project
director has experience managing
projects similar in scope to that of the
proposed project.
(4) The extent of the demonstrated
commitment of any partners whose
participation is critical to the project’s
long-term success, including the extent
of any evidence of support or specific
resources from employers and other
stakeholders.
(5) The extent to which employers in
the labor market served by the proposed
project will be involved in making
decisions with respect to the project’s
implementation and in carrying out its
activities.
(d) Support for rural communities.
In determining the extent of the
project’s support for rural communities,
the Department proposes to consider
one or more of the following factors:
(1) The extent to which the applicant
presents a clear, well-documented plan
for primarily serving students from rural
communities.
(2) The extent to which the applicant
proposes a project that will improve the
education and employment outcomes of
students in rural communities.
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Specific Requests for Comment
We invite you to submit comments
regarding the proposed priorities,
requirements, definitions, and selection
criteria. To ensure that your comments
have maximum effect in developing the
final notice, we urge you to clearly
identify the specific section of the
proposed priorities, requirements,
definitions, and selection criteria that
each comment addresses.
The Department is particularly
interested in comments on:
• Whether there are additional
appropriate data sources demonstrating
economic disadvantage that may also be
appropriate sources for family income
that applicants could use to demonstrate
that a project will predominantly serve
students from families with low
incomes;
• Whether there are additional factors
the Department should consider in
assessing an applicant’s efforts to
‘‘demonstrate exceptional
circumstances’’ that merit a waiver of
the 50 percent matching requirement,
and whether additional examples
should be included.
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• Whether there are important aspects
of assessing the likelihood of project
success that the proposed selection
criteria do not address; and
• Whether there is ambiguity in the
language of specific selection criteria
that would make it difficult for
applicants to respond to the criteria and
for peer reviewers to evaluate
applications with respect to the
selection criteria.
Final Priorities, Requirements,
Definitions, and Selection Criteria
We will announce the final priorities,
requirements, definitions, and selection
criteria in a notice in the Federal
Register. We will determine the final
priorities, requirements, definitions, and
selection criteria after considering
responses to this notice and other
information available to the Department.
This notice does not preclude us from
proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
Note: This notice does not solicit
applications. In any year in which we choose
to use these proposed priorities and one or
more of these proposed priorities,
requirements, definitions, and selection
criteria, we invite applications through a
notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, as
modified by Executive Order 14094, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive Order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866, as modified, defines a
‘‘significant regulatory action’’ as an
action likely to result in a rule that
may—
(1) Have an annual effect on the
economy of $200 million or more
(adjusted every 3 years by the
Administrator of OIRA for changes in
gross domestic product); or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
territorial, or Tribal governments or
communities (also referred to as an
‘‘economically significant’’ rule);
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
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(4) Raise novel legal or policy issues
for which centralized review would
meaningfully further the President’s
priorities or the principles stated in the
Executive Order, as specifically
authorized in a timely manner by the
Administrator of OIRA in each case.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866, as modified.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866, as modified. To
the extent permitted by law, Executive
Order 13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing these proposed
priorities, requirements, definitions, and
selection criteria only on a reasoned
determination that their benefits would
justify their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that would
maximize net benefits. Based on the
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Proposed Rules
analysis that follows, the Department
believes that this regulatory action is
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, territorial,
and Tribal governments in the exercise
of their governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
Summary of Costs and Benefits: The
Department believes that these proposed
priorities, requirements, selection
criteria, and definitions would not
impose significant costs on applicants
applying for assistance under section
114 of Perkins V. We also believe that
the benefits of implementing the
proposed priorities, requirements,
definitions, and selection criteria justify
any associated costs.
The Department believes that the
proposed priorities, requirements,
definitions, and selection criteria would
help to ensure that grants provided
under section 114(e) of Perkins V are
awarded only for allowable, reasonable,
and necessary costs; and eligible
applicants consider carefully in
preparing their applications how the
grants may be used to improve student
success in secondary education,
postsecondary education, and careers.
The proposed priorities, program
requirements, selection criteria, and
related definitions are necessary to
ensure that taxpayer funds are expended
appropriately.
The Department further believes that
the costs imposed on an applicant by
the proposed priorities, requirements,
selection criteria, and definitions would
be largely limited to the paperwork
burden related to meeting the
application requirements and that the
benefits of preparing an application and
receiving an award would justify any
costs incurred by the applicant. The
costs of these proposed requirements
and definitions would not be a
significant burden for any eligible
applicant.
Elsewhere in this section under
Paperwork Reduction Act of 1995, we
identify and explain burdens
specifically associated with information
collection requirements.
Paperwork Reduction Act
As part of its continuing effort to
reduce paperwork and respondent
burden, the Department provides the
general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501 et seq.). This helps
ensure that the public understands the
Department’s collection instructions,
respondents provide the requested data
in the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the Department
can properly assess the impact of
collection requirements on respondents.
The proposed requirements contain
information collection requirements.
Under the PRA the Department has
submitted these requirements to OMB
for its review.
A Federal agency may not conduct or
sponsor a collection of information
unless OMB approves the collection
under the PRA and the corresponding
information collection instrument
displays a currently valid OMB control
number. Notwithstanding any other
provision of the law, no person is
required to comply with, or is subject to
penalty for failure to comply with, a
collection of information if the
collection instrument does not display a
currently valid OMB control number.
In the notice of final priorities,
requirements, definitions, and selection
criteria we will display the control
number assigned by OMB to any
information collection proposed in this
document and adopted in the notice of
final priorities, requirements,
definitions, and selection criteria.
For the years that the Department
holds a PIM grant competition, we
estimate 150 entities will apply and
submit an application. We estimate that
it will take each applicant 40 hours to
complete and submit the application,
including time for reviewing
instructions, searching existing data
sources, gathering, and maintaining the
data needed, and completing and
reviewing the collection of information.
The total burden hour estimate for this
collection is 6,000 hours. At $97.82 per
hour (using mean wages for Education
and Childcare Administrators 44 and
assuming the total cost of labor,
including benefits and overhead, is
equal to 200 percent of the mean wage
rate), the total estimated cost for 150
applicants to complete the PIM
application is approximately $583,680.
The Department is requesting
paperwork clearance on the OMB 1830–
NEW data collection associated with
this proposed requirement. That request
will account for all burden hours and
costs discussed within this section.
Consistent with 5 CFR 1320.8(d), the
Department is soliciting comments on
the information collection. We must
receive your comments on the collection
activities contained in these proposed
priorities, requirements, definitions, and
selection criteria on or before June 15,
2023. Comments related to the
information collection activities must be
submitted electronically through the
Federal eRulemaking Portal at
www.regulations.gov by selecting the
Docket ID number ED–2023–OCTAE–
0048 or via postal mail, commercial
delivery, or hand delivery by
referencing the Docket ID number and
the title of the information collection
request at the top of your comment.
Comments submitted by postal mail or
delivery should be addressed to the PRA
Coordinator of the Strategic Collections
and Clearance Governance and Strategy
Division, U.S. Department of Education,
400 Maryland Avenue SW, Room
6W208D, Washington, DC 20202–8240.
Note: The Office of Information and
Regulatory Affairs and the Department
review all comments related to the
information collection activities posted
at www.regulations.gov.
lotter on DSK11XQN23PROD with PROPOSALS1
COLLECTION OF INFORMATION
Information collection activity
Estimated
number of
responses
Hours per
response
Total
estimated
burden hours
Estimated cost
at an
hourly rate
of $97.82
PIM Application ................................................................................................
150
40
6,000
$583,680
44 See https://www.bls.gov/oes/current/oes_
nat.htm.
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Proposed Rules
We consider your comments on this
proposed collection of information in—
• Deciding whether the proposed
collection is necessary for the proper
performance of our functions, including
whether the information will have
practical use;
• Evaluating the accuracy of our
estimate of the burden of the proposed
collection, including the validity of our
methodology and assumptions;
• Enhancing the quality, usefulness,
and clarity of the information we
collect; and
• Minimizing the burden on those
who must respond. This includes
exploring the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive Order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
Order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: On request to the
person listed under FOR FURTHER
INFORMATION CONTACT, individuals with
disabilities can obtain this document in
an accessible format. The Department
will provide the requestor with an
accessible format that may include Rich
Text Format (RTF) or text format (txt),
a thumb drive, an MP3 file, braille, large
print, audiotape, or compact disc, or
other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
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your search to documents published by
the Department.
Amy Loyd,
Assistant Secretary for Career, Technical, and
Adult Education.
[FR Doc. 2023–10220 Filed 5–15–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1, 11, and 41
[Docket No. PTO–C–2023–0010]
RIN 0651–AD67
Changes to the Representation of
Others in Design Patent Matters Before
the United States Patent and
Trademark Office
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Patent and
Trademark Office (USPTO or Office)
proposes to amend the rules of practice
in patent cases and the rules regarding
the representation of others before the
USPTO to create a separate design
patent practitioner bar whereby
admitted design patent practitioners
would practice in design patent
proceedings only. Presently, there is
only one patent bar that applies to those
who practice in patent matters before
the Office, including in utility, plant,
and design patents. The potential
creation of a design patent practitioner
bar would not impact the ability of
those already registered to practice in
any patent matters, including design
patent matters, before the USPTO to
continue to practice in any patent
matters before the Office. Furthermore,
it would not impact the ability of
applicants for registration who meet the
current criteria, including qualifying for
and passing the current registration
exam, to practice in any patent matters
before the Office, including design
patent matters. Expanding the
admission criteria of the patent bar
would encourage broader participation
and keep up with the ever-evolving
technology and related teachings that
qualify someone to practice before the
USPTO.
SUMMARY:
Written comments must be
received on or before August 14, 2023.
ADDRESSES: For reasons of government
efficiency, comments must be submitted
through the Federal eRulemaking Portal
at www.regulations.gov. To submit
DATES:
PO 00000
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31209
comments via the portal, one should
enter docket number PTO–C–2023–0010
on the homepage and click ‘‘search.’’
The site will provide search results
listing all documents associated with
this docket. Commenters can find a
reference to this proposed rule and click
on the ‘‘Comment’’ icon, complete the
required fields, and enter or attach their
comments. Attachments to electronic
comments will be accepted in Adobe®
portable document format (PDF) or
Microsoft Word® format. Because
comments will be made available for
public inspection, information that the
submitter does not desire to make
public, such as an address or phone
number, should not be included in the
comments.
Visit the Federal eRulemaking Portal
for additional instructions on providing
comments via the portal. If electronic
submission of or access to comments is
not feasible due to a lack of access to a
computer and/or the internet, please
contact the USPTO using the contact
information below for special
instructions.
FOR FURTHER INFORMATION CONTACT: Will
Covey, Deputy General Counsel for
Enrollment and Discipline and Director
of the Office of Enrollment and
Discipline (OED), at 571–272–4097; Erin
Harriman, Senior Legal Advisor, Office
of Patent Legal Administration, at 571–
272–7701; and Scott C. Moore, Acting
Vice Chief Administrative Patent Judge,
Patent Trial and Appeal Board, at 571–
272–9797.
SUPPLEMENTARY INFORMATION: The
Director of the USPTO has statutory
authority to require a showing by patent
practitioners that they possess ‘‘the
necessary qualifications to render
applicants or other persons valuable
service, advice, and assistance in the
presentation or prosecution of their
applications or other business before the
Office.’’ 35 U.S.C. 2(b)(2)(D). Courts
have determined that the USPTO
Director bears the primary responsibility
for protecting the public from
unqualified practitioners. See HsuanYeh Chang v. Kappos, 890 F. Supp. 2d
110, 116–17 (D.D.C. 2012) (‘‘Title 35
vests the [Director of the USPTO], not
the courts, with the responsibility to
protect [US]PTO proceedings from
unqualified practitioners.’’) (quoting
Premysler v. Lehman, 71 F.3d 387, 389
(Fed. Cir. 1995)), aff’d sub nom., HsuanYeh Chang v. Rea, 530 F. App’x 958
(Fed. Cir. 2013).
Pursuant to that authority and
responsibility, the USPTO has
promulgated regulations, administered
by OED, that provide that registration to
practice in patent matters before the
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Agencies
[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Proposed Rules]
[Pages 31196-31209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10220]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Proposed
Rules
[[Page 31196]]
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2023-OCTAE-0048]
Proposed Priorities, Requirements, Definitions, and Selection
Criteria--Perkins Innovation and Modernization Grant Program
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Proposed priorities, requirements, definitions, and selection
criteria.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) proposes priorities,
requirements, definitions, and selection criteria for the Perkins
Innovation and Modernization Grant Program, Assistance Listing Number
84.051F. The Department may use the priorities, requirements,
definitions, and selection criteria for competitions in fiscal year
(FY) 2023 and later years. We take this action to support the
identification of strong and well-designed projects that will
incorporate evidence-based and innovative strategies and activities to
improve student success in secondary education, postsecondary
education, and careers.
DATES: We must receive your comments on or before June 15, 2023.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at regulations.gov. However, if you require an accommodation or
cannot otherwise submit your comments via regulations.gov, please
contact the program contact person listed under FOR FURTHER INFORMATION
CONTACT. The Department will not accept comments by fax or by email, or
comments submitted after the comment period closes. To ensure that we
do not receive duplicate copies, please submit your comments only once.
In addition, please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Please go to www.regulations.gov to
submit your comments electronically. Information on using
regulations.gov, including instructions for finding a rule on the site
and submitting comments, is available on the site under ``FAQ.''
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing on the
Federal eRulemaking Portal at www.regulations.gov. Therefore,
commenters should be careful to include in their comments only
information that they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: Corinne Sauri, U.S. Department of
Education, 400 Maryland Avenue SW, Room 10-362, PCP, Washington, DC
20202-7241. Telephone: (202) 245-6412. 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:
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect in
developing the notice of final priorities, requirements, definitions,
and selection criteria, we urge you to identify clearly the specific
proposed priority, requirement, definition, or selection criterion your
comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 (as modified by Executive Order
14094) and 13563 and their overall requirement of reducing regulatory
burden that might result from the proposed priorities, requirements,
definitions, and selection criteria. Please let us know of any further
opportunities we should take to reduce potential costs or increase
potential benefits while preserving the effective and efficient
administration of the program.
During and after the comment period, you may inspect all public
comments about the proposed priorities, requirements, definitions, and
selection criteria by accessing regulations.gov. To inspect comments in
person, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of the Perkins Innovation and
Modernization Grant Program (PIM) is to identify, support, and
independently evaluate evidence-based and innovative strategies and
activities to improve and modernize career and technical education
(CTE). The Department anticipates using the PIM authority beginning in
FY 2023 to award competitive grants to support Career Connected High
Schools (CCHS) that will transform public high schools by expanding
existing and implementing new strategies and supports to help their
students identify and navigate pathways to postsecondary education and
career preparation, accrue college credit, pursue in-demand and high-
value industry-recognized credentials, and gain direct experience in
the workplace through work-based learning.
Program Authority: Section 114(e) of the Carl D. Perkins Career and
Technical Education Act of 2006, as amended by the Strengthening Career
and Technical Education for the 21st Century Act (Perkins V) (20 U.S.C.
2324).
Proposed Priorities
This notice contains five proposed priorities. We may apply one or
more of these priorities for a PIM competition in FY 2023 or in
subsequent years.
Proposed Priorities:
Proposed Priority 1--Career-Connected High Schools
Background:
The misalignment of the secondary and postsecondary education
systems in the United States (U.S.), along with an inadequately funded
workforce development system, contributes to inequities for young
people to pursue postsecondary education and launch careers that
support economic and social mobility in our nation.\1\ As a
[[Page 31197]]
result, too many young people leave high school unprepared for
postsecondary education or careers. An estimated 4.8 million youth ages
16 to 24 are disconnected, neither working nor in school, comprising
more than one in 10 (12.6 percent) of U.S. youth in this age group.\2\
These young people are disproportionately from communities of color.
Nearly one in four (23.4 percent) Native American teenagers and young
adults are neither working nor in school, the highest rate of
disconnection of the five major racial and ethnic groups for which data
were collected, followed by Black teenagers and young adults, who have
the second-highest rate of disconnection from school and work (19.6
percent), or nearly 1 million young people.\3\ Another 1.3 million
disconnected youth are Hispanic, comprising 14.0 percent of Hispanic
teenagers and young adults.\4\
---------------------------------------------------------------------------
\1\ Hoffman, N., Vargas, J. et al. (2021), The Big Blur: An
Argument for Erasing the Boundaries Between High School, College,
and Careers--and Creating One New System That Works for Everyone.
Boston, MA: Jobs for the Future. Retrieved from: https://www.jff.org/resources/the-big-blur-an-argument-for-erasing-the-boundaries-between-high-school-college-and-careers-and-creating-one-new-system-that-works-for-everyone/.
\2\ Lewis, Kristen (2022), A Disrupted Year: How the Arrival of
COVID-19 Affected Youth Disconnection. New York: Measure of America,
Social Science Research Council. Retrieved from: https://measureofamerica.org/youth-disconnection-2022/.
\3\ Ibid.
\4\ Ibid.
---------------------------------------------------------------------------
The road to and through postsecondary education or training is also
particularly difficult to navigate for youth from low-income
communities. For example, among students attending the nearly 9,000
high schools participating in the National Student Clearinghouse's
StudentTracker for High Schools service during the 2020-21 school year,
46 percent of students who graduated from high-poverty high schools
(where at least 75 percent of the student population was eligible for a
free or reduced-price lunch) enrolled in postsecondary education
immediately following high school graduation. In contrast, the
immediate postsecondary education enrollment rate was 72 percent for
students attending low-poverty high schools (where fewer than 25
percent of students were eligible for a free or reduced-price lunch).
The difference in postsecondary degree completion rates between
students attending high- and low-poverty high schools was even more
stark: only 25 percent of graduates from high-poverty high schools
earned a postsecondary degree within 6 years of finishing high school,
compared to 61 percent of students from low-poverty high schools.\5\
---------------------------------------------------------------------------
\5\ National Student Clearinghouse Research Center (2022).
National College Progression Rates. Retrieved from: https://nscresearchcenter.org/high-school-benchmarks/.
---------------------------------------------------------------------------
Addressing the difficulties young people from high-poverty
communities experience as they try to access, navigate, and complete
postsecondary education is a national priority because postsecondary
educational attainment has become a passport to economic independence
and success. The Georgetown University Center on Education and the
Workforce (Georgetown CEW) estimates that a postsecondary credential is
now required to access 80 percent of what it describes as ``good
jobs''--that is, according to Georgetown CEW, jobs paying a minimum of
$35,000 for workers between the ages of 25 and 44 and at least $45,000
for workers between the ages of 45 and 64.\6\ Moreover, many ``good
jobs'' that Georgetown CEW identified as accessible to individuals with
a high school credential also require some form of technical training
that extends beyond what is often available in high school. Carpentry
and solar photovoltaic installer jobs typically require formal on-the-
job training, for example.\7\ Earning a high school diploma is an
important achievement, but young people need further learning to
succeed in our economy.
---------------------------------------------------------------------------
\6\ Carnevale, A.P., Strohl, J. et al. (2018), Three Educational
Pathways to Good Jobs. Washington, DC: Georgetown University Center
on Education and the Workforce. Retrieved from: https://cew.georgetown.edu/cew-reports/3pathways/.
\7\ National Center for O*NET Development, (n.d.), O*NET OnLine.
Retrieved from: https://www.onetonline.org/.
---------------------------------------------------------------------------
Increasing postsecondary educational attainment can strengthen and
expand local economies by attracting new industry and taking advantage
of new job opportunities like those created by the Infrastructure
Investment and Jobs Act (Pub. L. 117-58),\8\ CHIPS and Science Act
(Pub. L. 117-167),\9\ and the Inflation Reduction Act (Pub. L. 117-
169),\10\ and can increase the wages of workers who do not have
postsecondary credentials by increasing productivity.\11\ Eliminating
equity gaps in postsecondary educational attainment will also promote
inclusive national economic prosperity. For example, in an analysis
prepared for the Postsecondary Value Commission, Georgetown CEW
estimated that closing gaps in postsecondary educational attainment by
income level, race, and ethnicity could increase the Gross Domestic
Product of the U.S. by $542 billion annually.\12\
---------------------------------------------------------------------------
\8\ Office of the President (Aug. 3, 2021), Fact Sheet: The
Bipartisan Infrastructure Investment and Jobs Act Creates Good-
Paying Jobs and Supports Workers. Retrieved from: https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/03/fact-sheet-the-bipartisan-infrastructure-investment-and-jobs-act-creates-good-paying-jobs-and-supports-workers/.
\9\ Office of the President (Aug. 9, 2022), Fact Sheet: CHIPS
and Science Act Will Lower Costs, Create Jobs, Strengthen Supply
Chains, and Counter China. Retrieved from: https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/09/fact-sheet-chips-and-science-act-will-lower-costs-create-jobs-strengthen-supply-chains-and-counter-china/.
\10\ Office of the President (Aug. 19, 2022), Fact Sheet: The
Inflation Reduction Act Supports Workers and Families. Retrieved
from: https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/19/fact-sheet-the-inflation-reduction-act-supports-workers-and-families/.
\11\ Moretti, E. (2004), Estimating the social return to higher
education: Evidence from longitudinal and repeated cross-sectional
data. Journal of Econometrics, vol.121, 175-212. Retrieved from:
https://eml.berkeley.edu/~moretti/socret.pdf.
\12\ Carnevale, A.P., Campbell, K.P. et al. (2021), The monetary
value of economic and racial justice in postsecondary education:
Quantifying the potential for public good. Postsecondary Value
Commission. Retrieved from: https://www.postsecondaryvalue.org/wp-content/uploads/2021/05/PVC-GUCEW-FINAL.pdf.
---------------------------------------------------------------------------
To prepare all young people more equitably and effectively for
further learning and economic advancement, our high schools require new
solutions and tools to scale up strategies that have benefitted all
students. Proposed Priority 1 identifies the following four pillars for
transformed, career-connected high schools that, if implemented and
integrated effectively and equitably, will better prepare all young
people for postsecondary education and rewarding careers:
Participation in a comprehensive postsecondary education
and career navigation system that supports career exploration and
education planning, provides information and assistance in pursuing
further learning after high school, and includes the development and
regular updating of a personalized postsecondary education and career
plan (as defined in this notice) throughout high school;
Acquisition of postsecondary credit through dual or
concurrent enrollment programs (as defined in section 3 of Perkins V)
to promote success in postsecondary coursework and give students a head
start in earning a postsecondary credential;
Participation in work-based learning opportunities (as
defined in section 3 of Perkins V) for which students receive wages or
academic credit, or both; and
Attainment of an in-demand and high-value industry-
recognized credential (as defined in this notice) so that every young
person can earn a living wage or more after high school, be able to
pursue further education, and thrive and live independently.
[[Page 31198]]
Postsecondary Education and Career Navigation System
The systematic delivery of career advisement, academic counseling,
and postsecondary education navigation throughout high school can lay a
strong foundation for student success during and following high school.
Assistance navigating the complexities of pursuing different types of
postsecondary learning, such as a high-value industry-recognized
credential program, Registered Apprenticeship program, and 2- and 4-
year degree programs, is especially important. There is promising
evidence that meeting with a school counselor to discuss college plans
can increase students' postsecondary enrollment, particularly for
students from more underserved backgrounds.\13\ Evidence also indicates
that informing students about financial aid opportunities and helping
them to complete financial aid applications significantly increases
postsecondary enrollment.\14\ Advice and support provided outside
school by nonprofit organizations also can have a positive influence on
student enrollment in higher education.\15\
---------------------------------------------------------------------------
\13\ Belasco, A. S. (2013), ``Creating college opportunity:
School counselors and their influence on postsecondary outcomes.''
Research in Higher Education, 54(7), 781-804. Retrieved from:
https://link.springer.com/article/10.1007/s11162-013-9297-4. See
also Surr, W. (2019), Student Advising: An Evidence-Based Practice.
Midwest Comprehensive Center at the American Institutes for
Research. Retrieved from: https://eric.ed.gov/?id=ED599037.
\14\ Tierney, W. G., Bailey, T., Constantine, J., Finkelstein,
N., & Hurd, N. F. (2009), Helping students navigate the path to
college: What high schools can do: A practice guide (NCEE #2009-
4066). Washington, DC: National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S.
Department of Education. Retrieved from https://ies.ed.gov/ncee/wwc/publications/practiceguides/.
\15\ What Works Clearinghouse, Institute of Education Sciences,
U.S. Department of Education. (2018, December). Transition to
College intervention report: Facilitating Long-Term Improvements in
Graduation and Higher Education for Tomorrow (FLIGHT)/Take Stock in
Children (TSIC)[supreg]. Retrieved from https://whatworks.ed.gov.
See also What Works Clearinghouse, Institute of Education Sciences,
U.S. Department of Education. (2021, April). Bottom Line. Retrieved
from https://whatworks.ed.gov.
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Personalized postsecondary education and career plans (as defined
in this notice) can be a valuable part of providing systematic advising
and navigation supports to students. Twenty-nine states and the
District of Columbia and many local educational agencies (LEAs) require
students to prepare personalized postsecondary education and career
plans in middle or high school to chart their path through high school
into young adulthood.\16\ An analysis of the most recent National
Center for Education Statistics (NCES) high school longitudinal study
found that about 62 percent of public high school students reported
developing such a plan by the fall of grade 9. However, fewer students
reported receiving support from an adult to complete this plan (44
percent) and fewer still (22 percent) reported reviewing their plan at
least once a year with an adult in school. Attention from adults in
reviewing and annually updating their plans may be a promising strategy
as the activity was positively associated with applying to and
enrolling in postsecondary education after high school.\17\ Analyzing
the same data using a quasi-experimental research design, researchers
found that students from low-income backgrounds who had a personalized
learning plan, compared to peers from low-income backgrounds who did
not complete a plan, were more likely to enroll in bachelor's degree or
associate degree programs and to complete the Free Application for
Federal Student Aid (FAFSA[supreg]), as well as more likely to borrow
smaller amounts in student loans.\18\ Another study using the same data
found that students who completed a personalized learning plan in ninth
grade were more engaged in school in grade 11 and less likely to report
behaviors like skipping classes and not completing homework than peers
who did not have a plan.\19\
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\16\ Solberg, V. S. H., Donnelly, H. K., Kroyer-Kubicek, R.,
Basha, R., Curtis, G., Jaques, E., Schreiber, K. (2022), Condition
of Career Readiness in the United States. Alexandria, VA: Coalition
for Career Development Center and the BU Center for Future
Readiness. Retrieved from: https://www.ccd-center.org/post/condition-of-career-readiness-report.
\17\ Torre Gibney, T., & Rauner, M. (2021), Education and career
planning in high school: A national study of school and student
characteristics and college-going behaviors (REL 2022-127). U.S.
Department of Education, Institute of Edu-cation Sciences, National
Center for Education Evaluation and Regional Assistance, Regional
Educational Laboratory West. Retrieved from: https://ies.ed.gov/ncee/edlabs/regions/west/pdf/REL_2022127.pdf.
\18\ Britton, T. and Spencer, G. (2020), ``Do Students Who Fail
to Plan, Plan to Fail? Effects of Individualized Learning Plans on
Postsecondary Transitioning.'' Teachers College Record. Volume 122,
050309, May 2020, Teachers College, Columbia University. Retrieved
from: https://journals.sagepub.com/doi/abs/10.1177/016146812012200509.
\19\ Plasman, J.S. (2018), ``Career/Education Plans and Student
Engagement in Secondary School,'' American Journal of Education 124
(February 2018). Chicago, IL: The University of Chicago. Retrieved
from: https://www.journals.uchicago.edu/doi/full/10.1086/695608.
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Dual or Concurrent Enrollment. Dual or concurrent enrollment is a
proven, evidence-based strategy to increase high school achievement and
completion and to increase and accelerate postsecondary enrollment and
credential attainment.\20\ These opportunities can be most beneficial
to students when they include core academic courses--such as first-year
college English and mathematics courses \21\--as well as courses
aligned to careers.\22\ Research also suggests that the benefits of
dual enrollment can increase with every postsecondary credit earned, at
least up to 10 to 12 credits.\23\ To gain these benefits, however,
students need credits earned through dual or concurrent enrollment to
transfer to the institution of higher education (IHE) in which they
enroll and within the degree program they pursue after high school. To
promote the portability of credits earned through dual or concurrent
enrollment, some States have established policies and programs to
facilitate credit transfer, such as the Indiana College Core (ICC),
which is a block of 30 credit hours of general education, college-level
coursework that can be transferred among all Indiana public colleges
and universities. ICC dual credit courses are available at 140 high
schools in the State.\24\ Some States \25\ and community and technical
colleges also have developed crosswalks for students, their
[[Page 31199]]
families, and their advisors to map course equivalencies between
institutions, and ``guided pathways'' that show how courses lead to
specific degrees and careers, so students can take courses that align
with their plans after high school.\26\
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\20\ What Works Clearinghouse, Institute of Education Sciences,
U.S. Department of Education (2017), Dual Enrollment Programs: WWC
Intervention Report. Retrieved from: https://ies.ed.gov/ncee/wwc/Docs/InterventionReports/wwc_dual_enrollment_022817.pdf.
\21\ Villarreal, M. U. (2017), The effects of dual-credit on
postsecondary student outcomes. University of Texas at Austin,
Education Research Center. Retrieved from: https://texaserc.utexas.edu/wp-content/uploads/2017/12/65-Brief-Villarreal-HB18-PB-11.16.17.pdf. See also Giani, M. S., Alexander, C., & Reyes,
P. (2014). Exploring the variation in the impact of dual-credit
coursework on postsecondary outcomes: A quasi-experimental analysis
of Texas students. The High School Journal, 97(4), 200-218.
Retrieved from: https://doi.org/10.1353/hsj.2014.0007.
\22\ Community College Research Center (2012), What We Know
About Dual Enrollment Report. Retrieved From: https://ccrc.tc.columbia.edu/publications/what-we-know-about-dual-enrollment.html. See also Rodriguez, O., Hughes, K. L., & Belfield,
C. (2012), Bridging college and careers: Using dual enrollment to
enhance Career and Technical Education pathways. (National Center
for Postsecondary Research Working Paper). Retrieved from: https://files.eric.ed.gov/fulltext/ED533873.pdf.
\23\ Taylor, J. L., Allen, T. O., An, B. P., Denecker, C.,
Edmunds, J. A., Fink, J., Giani, M. S., Hodara, M., Hu, X.,
Tobolowsky, B. F., & Chen, W. (2022), Research priorities for
advancing equitable dual enrollment policy and practice. Salt Lake
City, UT: University of Utah. Retrieved from: https://cherp.utah.edu/_resources/documents/publications/research_priorities_for_advancing_equitable_dual_enrollment_policy_and_practice.pdf
\24\ Indiana College Core and Dual Credit, Learn More Indiana.
Retrieved from: https://learnmoreindiana.org/college/dual-credit.
\25\ Indiana Commission for Higher Education. (2021). Indiana
early college credit report. Retrieved from: https://www.in.gov/che/files/2021_Early_College_Credit_Report_01_28_2021.pdf.
\26\ Mehl, G., Wyner, J., Barnett, E. A., Fink, J., & Jenkins,
D. (2020), The dual enrollment playbook: A guide to equitable
acceleration for students. Aspen Institute and Community College
Research Center. Retrieved from: https://ccrc.tc.columbia.edu/publications/dual-enrollment-playbook-.
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Unfortunately, the opportunity to participate in dual or concurrent
enrollment has been limited to a small group of students, leaving too
many students unable to access the benefits dual or concurrent
enrollment has to offer. Among the high school class of 2019, only
about one-third of white students, about one-quarter of Asian, Native
American, and Hispanic students, and less than a fifth of Black
students took one or more dual enrollment courses during their time in
high school.\27\ Other research has documented that students from low-
income backgrounds are significantly underrepresented among dual
enrollment course takers.\28\
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\27\ U.S. Department of Education, Institute of Education
Sciences, National Center for Education Statistics, National
Assessment of Educational Progress (2022), 2019 NAEP High School
Transcript Study (HSTS) Results: A Closer Look, Retrieved from:
https://www.nationsreportcard.gov/hstsreport/#closerlook_3_0_el.
Dual credit course-taking by Native American students tabulated
using the Data Explorer for the High School Transcript Study at:
https://www.nationsreportcard.gov/ndecore/xplore/hsts.
\28\ See, for example, Lochmiller, C. R., et al. (2016), Dual
enrollment courses in Kentucky: High school students' participation
and completion rates (REL 2016-137). Washington, DC: U.S. Department
of Education, Institute of Education Sciences, Retrieved from https://ies.ed.gov/ncee/edlabs/regions/appalachia/pdf/REL_2016137.pdf. Also
see Miller, Trey, et al. (2017), Dual Credit Education in Texas:
Interim Report, RAND Corporation. Retrieved from: https://www.rand.org/pubs/research_reports/RR2043.html.
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Work-Based Learning. Work-based learning reinforces academic
instruction by giving students opportunities to apply knowledge and
skills in real-world situations and to learn how to be professionals at
work. Work-based learning can also help young people generate income,
establish future earning potential, connect with professionals and
mentors in the labor market, and build professional networks.\29\ Well-
designed internships, pre-apprenticeships, and Registered
Apprenticeships in which young people also receive one-to-one coaching
support from a caring adult and support for planning life after high
school can have a positive influence on their futures. For example, a
random assignment evaluation of the Urban Alliance internship program
that chiefly served students from low-income backgrounds and whose
overall average cumulative junior year GPA was 2.7 found strong and
enduring impacts on the educational attainment of young men. The
internship increased their likelihood of on-time high school
graduation, enrollment in postsecondary education, and their attainment
of an associate degree or persistence into the third year of
college.\30\ Other research suggests that the benefits of work-based
learning during adolescence can continue well into adulthood. Using
data from the National Longitudinal Survey of Youth of 1997 and a
quasi-experimental research design, researchers found that, for young
people from low-income backgrounds, participation in work-based
learning--such as cooperative education, an internship, or Registered
Apprenticeship--or in an employer mentorship program in high school was
associated with holding a high-quality job at age 29, as measured by
wages, benefits, hours, and job satisfaction.\31\
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\29\ See, for example, National Academy Foundation (2017). Guide
to Work-Based Learning: A Continuum of Activities and Experience.
New York, NY: National Academy Foundation. Retrieved from: https://ioer.ilsharedlearning.org/ContentDocs/bc2cc184-41bf-464b-a363-11a554da4126/303/Guide_to_Work-Based_Learning.pdf; and Ross, M.,
Kazis, R., Bateman, N., and Stateler, L. (2020). Work-Based Learning
Can Advance Equity and Opportunity for America's Young People.
Washington, DC: Brookings Institution. Retrieved from: https://www.brookings.edu/research/work-based-learning-can-advance-equity-and-opportunity-for-americas-young-people/.
\30\ Theodos, B., Pergamit, M.R. et al. (2017), Pathways after
High School: Evaluation of the Urban Alliance High School Internship
Program. Washington, DC: Urban Institute. Retrieved from: https://www.urban.org/research/publication/pathways-after-high-school-evaluation-urban-alliance-high-school-internship-program.
\31\ Ross, M., Anderson Moore, K., et al. (2018), Pathway to
High Quality Jobs for Young Adults. Washington, DC; Metropolitan
Policy Program at Brookings and Child Trends. Retrieved from: https://www.brookings.edu/research/pathways-to-high-quality-jobs-for-young-adults/.
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Industry-Recognized Credential. Education programs that incorporate
the opportunity to earn an in-demand and high-value industry-recognized
credential can give young people a leg up in the labor market when they
graduate from high school, particularly if schools are discerning and
only offer programs that lead to credentials that are in high demand
and for which there is a significant earnings premium. This is
particularly important for young people who choose not to pursue
further learning immediately after high school \32\ or those who choose
to work and learn simultaneously. Earning an industry-recognized
credential also may be valuable in promoting postsecondary enrollment
and advancement; several studies have found a positive association
between earning an industry-recognized credential while in high school
and enrollment in postsecondary education, as well as completion of an
associate degree.\33\ Scrutinizing the value added by particular
industry-recognized credentials also is important, because many in the
universe of more than 7,500 occupational certifications \34\ are not
sought by employers. One study that examined 16 million job postings
from employers found that 1.4 million postings asked for at least one
of nearly 2,500 distinct certifications. Employer demand was
concentrated on a small subset of these credentials, with 4 percent of
the employer-requested credentials accounting for 75 percent of the
total demand.\35\
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\32\ For example, the labor force participation rate of high
school graduates with a certification or professional license, but
no further education, is 35 percent higher than the participation
rate of high school graduates who lack one of these credentials, and
their median weekly earnings are 17 percent higher. See Cunningham,
Eva (2019), ``Professional certifications and occupational licenses:
evidence from the Current Population Survey,'' Monthly Labor Review,
June 2019, Bureau of Labor Statistics, U.S. Department of Labor.
Retrieved from: https://www.bls.gov/opub/mlr/2019/article/professional-certifications-and-occupational-licenses.htm.
\33\ Walsh, M., O'Kane, L. et al. (2019), Where Credentials Meet
the Market: State Case Studies on the Effect of High School Industry
Credentials on Educational and Labor Market Outcomes. ExcelinEd and
Burning Glass Technologies. Retrieved from: https://excelined.org/wp-content/uploads/2019/05/ExcelinEdBurningGlassTechnologies.CredentialsMatter.WhereCredentialsMeetTheMarket.June2019.pdf; Glennie, E.J., Ottem, R., and Lauff, E.
(2020), ``The Influence of Earning an Industry Certification in High
School on Going to College: The Florida CAPE Act,'' Journal of
Career and Technical Education 2020, Vol. 35, No. 1. Retrieved from:
https://files.eric.ed.gov/fulltext/EJ1310506.pdf.
\34\ Credential Engine (2022), Counting U.S. Postsecondary and
Secondary Credentials. Retrieved from: https://credentialengine.org/wp-content/uploads/2023/01/Final-CountingCredentials_2022.pdf.
\35\ Burning Glass Technologies (2017), The Narrow Ladder: The
Value of Industry Certifications in the Job Market. Retrieved from:
https://www.burning-glass.com/wp-content/uploads/BurningGlass_certifications_2017.pdf.
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Another study that examined the industry-recognized credentials
earned by secondary students in 30 states found that just 18 percent of
credentials were aligned with employer demand.\36\ A recent study that
examined the relationship between industry-recognized credentials
earned by Texas
[[Page 31200]]
students and their post-high school education and labor market outcomes
found that the universe of credentials related to success after high
school, defined by the study as enrolling in postsecondary education or
earning at least 200 percent of the poverty level for a single adult,
was small and limited to credentials awarded within four career
clusters: arts, audiovisual technology, and communications; business;
health science; and information technology.\37\ Due diligence by
educators in investigating the value of different industry-recognized
credentials can ensure that students focus their attention on earning
only those that are in-demand and high-value.
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\36\ Burning Glass Technologies and ExcelinEd (2020),
Credentials Matter Phase 2: A 2020 Update on Credential Attainment
and Workforce Demand in America. Retrieved from: https://www.excelined.org/wp-content/uploads/2020/09/ExcelinEd.CredentialsMatter.Phase2_.Report.2020Update.pdf.
\37\ Giani, M. (2022), How Industry-Recognized Credentials in
High School Shape Students' Education and Employment Outcomes.
Washington DC: Thomas B. Fordham Institute (August 2022). Retrieved
from: https://fordhaminstitute.org/national/research/industry-recognized-credentials.
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The Department is committed to advancing equity and to examining
and addressing the sources of inequities in educational opportunities.
Perkins V emphasizes supports for students who are members of special
populations (as defined in section 3(48) of Perkins V). The populations
of students described in the Perkins V definition align with many of
the populations included in the definition of underserved students in
the Secretary's Supplemental Priorities and Definitions for
Discretionary Grants Programs, published in the Federal Register on
December 10, 2021 (86 FR 70612)(Supplemental Priorities). In a future
competition, the Department may choose to include one or more of the
Supplemental Priorities that focus resources on underserved students.
We note that there is one related proposed program requirement to
address implementation of one or more of the four pillars described in
this proposed priority. It would require that each grantee's project
plan include a timeline for implementation of one or more of the four
pillars of career-connected learning for students served by the
project, by no later than the end of the fifth year of the project. The
requirement would also require each grantee to submit an annual report
documenting progress on the implementation plan and the timeline. We
recognize that grantees are likely to be in different stages of
developing and implementing one or more of the four pillars described
in the proposed priority at the onset of the grant period, and that
some grantees will need more time to focus on one or more of the
pillars; however, we also emphasize that implementing a cohesive and
integrated plan for transforming high schools is more likely to be
sustainable and effective in preparing all students equitably for their
futures.
Finally, while we propose to include all four pillars of career-
connected learning in this priority, in future competitions we may
focus on all or a subset of the pillars.
Proposed Priority:
To meet this priority, an applicant must submit a detailed 5-year
planning and implementation plan to increase the alignment of the last
2 years of high school and the first 2 years of postsecondary education
in one or more high schools that describes the extent to which the
applicant is currently implementing career-connected learning, with
supporting data if available; and describes how the applicant will
substantially increase the proportion of students who graduate from
high school with one or more of the following four pillars of career
connected learning:
(a) Education and career goals documented in a personalized
postsecondary education and career plan (as defined in this notice)
that was updated in each year of high school through a system of career
guidance and academic counseling (as defined in section 3(7) of Perkins
V) and postsecondary education navigation supports;
(b) Postsecondary credits earned from dual or concurrent enrollment
programs (as defined in section 3 of Perkins V);
(c) Work experience gained through participation in one or more
work-based learning opportunities (as defined in section 3 of Perkins
V) for which they received wages or academic credit or both; or
(d) An in-demand and high-value industry-recognized credential (as
defined in this notice).
Proposed Priority 2--Partnership Applications
Background:
Projects that seek to transform high schools and equip students
with the knowledge and skills they will need to succeed in further
learning and the labor market are likely to be more cohesive if they
are carried out through a partnership that includes an LEA, a community
or technical college or another IHE, and, to ensure the project
prepares students for careers in demand, employers. Other relevant
community stakeholders, such as local workforce development boards,
labor-management partnerships, youth-serving organizations, and
nonprofit organizations, may also be engaged. For this reason, the
Department proposes a priority for applications submitted by an
eligible applicant that includes these types of partners in
implementing successful projects.
Applicants would also be required to provide a preliminary
memorandum of understanding (MOU) or partnership agreement among all
partner entities identified at the time of the application, that
describes the roles and responsibilities of each partner in carrying
out the proposed project. Understanding that some decisions about
implementation may take more time and additional partners, we propose
maintaining flexibility in the partnership agreement. Separately in
this notice, the Department proposes to establish a requirement that
PIM partnership grantees submit a formal MOU that includes all members
of the partnership 120 days after the grant is awarded.
Proposed Priority:
To meet this priority, an application--
(1) Must be submitted by an applicant that includes one or more
partners in each of the following categories:
(A) A local educational agency (including a public charter school
local educational agency), an area career and technical education
school, an educational service agency serving secondary school
students, an Indian Tribe, Tribal organization, or Tribal educational
agency, eligible to receive assistance under section 131 of Perkins V;
(B) A community or technical college or other institution of higher
education (IHE) eligible to receive assistance under section 132 of
Perkins V; and
(C) A business or industry representative partner, which may
include representatives of local or regional businesses or industries;
(2) May include any other relevant community stakeholders, such as
local workforce development boards, labor-management partnerships,
youth-serving organizations, and nonprofit organizations; and
(3) Must include a partnership agreement or proposed memorandum of
understanding (MOU) among all members of the application, identified at
the time of the application, that describes the role of each partner in
carrying out the proposed project and the process for a formal MOU to
be established.
Proposed Priority 3--State and Regional Partnerships
Background:
To strengthen projects funded under PIM and to expand the reach of
PIM funding, the Department is interested in proposed projects that
would either include the participation of one or more
[[Page 31201]]
State agencies or that would bring together multiple LEAs within a
geographic region.
State agencies can play a powerful role in transforming public high
schools and strengthening the alignment of secondary and postsecondary
education to careers through both policymaking and the provision and
use of State expertise, funding, and assets. The State higher education
agency, for example, establishes minimum admissions criteria and
policies to determine placement in credit-bearing coursework, while
State educational agencies (SEAs) typically establish minimum high
school graduation requirements. State agencies, such as an eligible
agency (as defined in section 3 of Perkins V), also may connect data
between elementary and secondary, postsecondary education, and
workforce systems that would be helpful to projects in understanding
student progression and outcomes reporting. Other examples include--
The SEA and the State workforce development agency
partnering to provide tools and training to school counselors and
others involved in supporting students in creating and updating
personalized postsecondary education and career plans to help them
identify in-demand jobs in the State or region that pay a living wage.
The State higher education agency establishing statewide
articulation and credit transfer agreements that ensure that the
postsecondary credits earned by students through dual or concurrent
enrollment are accepted at all public IHEs in the State.
The SEA waiving or altering the State's definition of
instructional time so that the proposed project could consider time
spent in work-based learning programs as instructional time.
The State agency that oversees the State's longitudinal
data system analyzing educational and labor market data to assist
projects in identifying in-demand and high-value industry-recognized
credentials.
Regional partnerships can facilitate and strengthen project
implementation. For example, identifying and coordinating work-based
learning opportunities may be more effective and achieve certain
economies of scale if it is undertaken by a consortium that includes
all of the LEAs within a particular labor market area, rather than
implemented by each LEA independently. Similarly, a community or
technical college that serves a geographic area that includes multiple
LEAs may find it beneficial and less costly to implement new dual or
concurrent policies universally within its service area, rather than
limiting these policies to students enrolled at one LEA.
For these reasons, the Department proposes to establish a priority
for applications submitted by State and regional partnerships.
Proposed Priority:
To meet this priority--
(a) State Partnership--A State partnership application--
(1) must be submitted by an applicant that includes one or more
partners in each of the following categories:
(A) A State agency, such as an SEA, State higher education agency
or system, State workforce development agency, Governor's office, or a
State economic development agency; and
(B) An LEA (including a public charter school local educational
agency), an area career and technical education school, an educational
service agency, an Indian Tribe, Tribal organization, or Tribal
educational agency, eligible to receive assistance under section 131 of
Perkins V;
(C) A community or technical college or another IHE eligible to
receive assistance under section 132 of Perkins V;
(D) A business or industry representative partner, which may
include representatives of local or regional businesses or industries;
and
(2) May include any other relevant community stakeholders, such as
local workforce development boards, labor-management partnerships,
youth-serving organizations, and nonprofit organizations; and
(3) Must include a description of how the project will be
coordinated among partners and will leverage State resources in the
achievement of program outcomes and the partnership's scope of
activities that will support development or implementation of one or
more of the pillars of career-connected learning, which may include
setting up a governance structure to support implementation, reviewing
or changing State policies, setting goals, using data to inform
decisions, and convening stakeholders; and
(4) Must include a partnership agreement or proposed memorandum of
understanding (MOU) among all partner entities, identified at the time
of the application, that describes the role of each member of the
partnership in carrying out the proposed project and the process for a
formal MOU to be established.
(b) Regional Partnership--A regional partnership application--
(1) Must be submitted by a partnership that includes one or more
members from each of the following categories:
(A) An LEA (including a public charter school that operates as an
LEA), an area career and technical education school, an educational
service agency, an Indian Tribe, Tribal organization, or Tribal
educational agency, eligible to receive assistance under section 131 of
Perkins V;
(B) A community or technical college or another IHE eligible to
receive assistance under section 132 of Perkins V;
(C) A business or industry representative partner, which may
include representatives of local or regional businesses or industries;
and
(2) Must propose to serve two or more LEAs in the same State or
region;
(3) May include any other relevant community stakeholders, such as
local workforce development boards, labor-management partnerships,
youth-serving organizations, and non-profit organizations; and
(4) Must include a description of how the project will be
coordinated among partners that share a common economic region or labor
market area, utilize labor market information to support development or
implementation of the four pillars of career-connected learning, and
leverage regional, State, or other resources in the achievement of
program outcomes; and
(5) Must include a partnership agreement or proposed memorandum of
understanding (MOU) among all partner entities, identified at the time
of the application, that describes the role of each member of the
partnership in carrying out the proposed project and the process for a
formal MOU to be established.
Proposed Priority 4--Serving Students from Families with Low Incomes
Background:
Section 114(e)(4) of Perkins V instructs the Secretary to give
priority to PIM projects that will predominantly serve students from
low-income families.\38\ To encourage and support efforts to increase
the number of innovative and high-quality programs available to
students from families with low incomes, particularly in the Nation's
high-poverty communities, we propose to operationalize this statutory
priority by requiring an applicant to describe its plan to serve
students from families with low incomes and provide evidence that a
specific minimum
[[Page 31202]]
percentage of students from families with low incomes will be served by
the project over the course of the grant project period.
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\38\ Section 114(e)(4) of Perkins V instructs the Secretary to
give priority to PIM projects that will predominantly serve students
from low-income families (also referred to as ``families with low
incomes'').
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Proposed Priority:
To meet this priority, applicants must submit a plan to
predominantly serve students from families with low incomes.
The plan must include--
(a) The specific activities the applicant proposes to ensure that
the project will predominantly serve students from low-income families;
(b) The timeline for implementing the activities;
(c) The parties responsible for implementing the activities;
(d) The key data sources and measures demonstrating that the
project is designed to predominantly serve students from low-income
families; and
(e) Evidence that at least 51 percent of the students to be served
by the project are from low-income families.
When demonstrating that the project is designed to predominantly
serve secondary students from low-income families, the applicant must
use one or more of the following data sources and measures for projects
that will serve secondary students: children aged 5 through 17 in
poverty counted in the most recent census data approved by the
Secretary; \39\ students eligible for a free or reduced-price lunch
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.); students whose families receive assistance under the State
program funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.); students who are eligible to receive medical
assistance under the Medicaid program; residence in a Census tract, a
set of contiguous Census tracts, an American Indian Reservation,
Oklahoma Tribal Statistical Area (as defined by the U.S. Census
Bureau), Alaska Native Village Statistical Area or Alaska Native
Regional Corporation Area, Native Hawaiian Homeland Area, or other
Tribal land as defined by the Secretary of Labor in guidance, or a
county that has a poverty rate of at least 25 percent as set every 5
years using American Community Survey 5-year data; or a composite of
such indicators. Applicants may use data from elementary or middle
schools that feed into a secondary school to establish that 51 percent
of the students to be served by the project are students from low-
income families.
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\39\ The U.S. Census Bureau LEA poverty estimates are available
at: www.census.gov/data/datasets/2017/demo/saipe/2017-school-districts.html.
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For projects that will serve postsecondary students, the applicant
must use one or more of the following data sources to demonstrate that
the project is designed to predominantly serve students from families
with low-incomes: students who are recipients of Federal Pell Grants or
tuition assistance from the Bureau of Indian Education; students who
receive, or whose families receive, assistance under the State program
funded under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); students who are eligible to receive medical assistance
under the Medicaid program; or a composite of such indicators.
Proposed Priority 5--Rural Communities
Background:
Section 114(e)(5) of Perkins V directs the Department to award no
less than 25 percent of PIM grant funds to projects proposing to fund
career and technical education (CTE) activities that serve: (1) LEAs
with an urban-centric district locale code of 32, 33, 41, 42, or 43, as
determined by the Secretary (``rural communities''); \40\ (2) IHEs that
primarily serve one or more areas served by such an LEA; (3) a
consortium of such LEAs or IHEs; (4) a partnership between such LEAs or
IHEs and an educational service agency or a nonprofit organization; or
(5) a partnership between such LEAs or IHEs and a State educational
agency (SEA). The 25 percent funding requirement applies, however, only
if the Department receives enough applications of sufficient quality.
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\40\ The National Center for Education Statistics (NCES) has
established 12 geographic classifications for schools and LEAs and
identified corresponding locale codes. NCES classifies schools based
on the type of geographic area where a school is physically located.
It then classifies LEAs based on the enrollment-weighted locale
assignments of the schools operated by the LEA. If a single locale
accounts for a majority of the students in the LEA's schools, that
locale is also assigned to the LEA. If there is not a majority, the
LEA is assigned to the locale that accounts for a plurality of
enrollment-weighted schools. The LEA locale codes identified in
section 114(e)(5) of Perkins V correspond to the following locales:
distant town (32), remote town (33), fringe rural (41), remote rural
(42), and distant rural (43).
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To confirm that proposed projects will serve students in rural
communities (as defined in this notice), the Department proposes that
an applicant identify the rural LEA(s), including by providing each
LEA's NCES identification number, that it proposes to serve.
Proposed Priority:
To meet this priority, an applicant must demonstrate that the
proposed project will serve students residing in rural communities (as
defined in this notice) and identify, by name, National Center for
Education Statistics (NCES) LEA identification number, and NCES locale
code, the rural LEA(s) that it proposes to serve in its grant
application. Applicants may retrieve locale codes from the NCES School
District search tool (nces.ed.gov/ccd/districtsearch/).
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Requirements
Proposed Program Requirements
Background:
We propose to establish five program requirements, with respect to
the matching requirement in section 114(e)(2) of Perkins V, the
programs of study offered to students by each project, the independent
evaluation (as defined in this notice) required by section 114(e)(8) of
Perkins V, a final MOU, and a project implementation plan and timeline.
We may apply these requirements in any year in which this program is in
effect.
1. Matching Contributions. Section 114(e)(2) of Perkins V requires
grantees to make a cash or in-kind matching contribution from non-
Federal sources in an amount equal to not less than 50 percent of the
funds provided under the grant. We propose to clarify that the
supplanting prohibition in section 211(a) of Perkins V applies to grant
funds provided under this program but does not apply to the matching
requirement. This proposed clarification would enable a grantee to meet
the matching requirement with non-Federal
[[Page 31203]]
funds that were used by a grantee to support activities allowable under
this program prior to its receipt of the grant. We believe this
proposed clarification is consistent with the purposes of PIM to
support the development and independent evaluation of innovations that,
if successful, can be implemented as alternatives or improvements to
existing activities and uses of funds. We also propose to clarify that
contributions provided to meet the matching requirement in section
114(e)(2) of Perkins V may accrue over the duration of the first 3
years of the grant award period and, if applicable, the final 2 years
of the grant award period so long as the grantee makes progress toward
meeting the matching requirement in each year of the grant award
period. In other words, a grantee would not be required to match 50
percent of the amount of each annual grant award but would instead be
required to match 50 percent of the total grant award provided over the
first 3-year project period and to make progress in meeting the
requirement every year. If the project received funding for the fourth
and fifth years of the project, the grantee would be required to match
50 percent of the funds provided over this two-year period. We propose
this clarification because we anticipate that grantees may find it
challenging to identify matching contributions at the beginning of the
project period and could more readily identify contributions once the
project is underway.
Section 114(e)(2)(B) of Perkins V authorizes the Secretary to waive
the 50 percent matching requirement when an applicant ``demonstrates
exceptional circumstances.'' We propose to identify illustrative
examples of ``exceptional circumstances'' to clarify for prospective
applicants the considerations the Department would make in assessing an
applicant's efforts to ``demonstrate exceptional circumstances.'' These
examples are based on examples of ``exceptional circumstances''
identified in section 4611(d) of the Elementary and Secondary Education
Act of 1965 (ESEA) (20 U.S.C. 7261(d)), which authorizes the Secretary
to waive the 10 percent matching requirement for grants awarded under
the Education Innovation and Research (EIR) program on a case-by-case
basis. The EIR program is similar in purpose and design to PIM because,
like PIM, EIR supports the development and evaluation of
innovations.\41\ In addition to the EIR examples, we are proposing to
add as an example those IHEs that, in the current or preceding year,
have been granted a waiver by the Department of certain non-Federal
cost-sharing requirements under the Federal Work Study program, the
Federal Supplemental Educational Opportunity Grants program, or the
TRIO Student Support Services program. These waivers are granted to
IHEs that have low education and general expenditures and serve a large
proportion of students receiving need-based assistance under Title IV
of the Higher Education Act of 1965.
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\41\ Section 4611(a) of ESEA authorizes the Secretary to make
awards under EIR to ``create, develop, implement, replicate, or take
to scale entrepreneurial, evidence-based, field-initiated
innovations to improve student achievement and attainment for high-
need students'' and ``rigorously evaluate such innovations.''
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The examples of ``exceptional circumstances'' we are proposing are
illustrative only and intended to provide guidance to prospective
applicants on the kinds of considerations the Department would make in
assessing the merits of a waiver request. We welcome comment on these
proposed examples. The Department would evaluate each waiver request on
a case-by-case basis, examining the individual circumstances described
by an applicant. Additionally, the Department may find other
circumstances that are not described in the proposed examples to be
``exceptional'' and for which granting a waiver is appropriate.
Proposed Requirement:
(a) A grantee must provide from non-Federal sources (e.g., State,
local, or private sources), an amount equal to not less than 50 percent
of funds provided under the grant, which may be provided in cash or
through in-kind contributions, to carry out activities supported by the
grant, except that the Secretary may waive the matching funds
requirement, on a case-by-case basis, upon a showing of exceptional
circumstances, such as (but not limited to)--
(1) The difficulty of raising matching funds for a program to serve
a rural area.
(2) The difficulty of raising matching funds on Tribal land.
(3) The difficulty of raising matching funds in areas with a
concentration of local educational agencies or schools with a high
percentage of students aged 5 through 17--
(A) who are living in poverty, as counted in the most recent census
data approved by the Secretary;
(B) who are eligible for a free or reduced-price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(C) whose families receive assistance under the State program
funded under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); or
(D) who are eligible to receive medical assistance under the
Medicaid program.
(4) The difficulty of raising matching funds by an institution of
higher education that, during the current or preceding year, has been
granted a waiver by the Department of certain non-Federal cost-sharing
requirements under the Federal Work Study program, the Federal
Supplemental Educational Opportunity Grants program, or the TRIO
Student Support Services program because it has low education and
general expenditures and serves a large proportion of students
receiving need-based assistance under Title IV of the Higher Education
Act.
(b) Non-Federal funds used by a grantee to support activities
allowable under this program prior to its receipt of the grant may be
used to meet the matching requirements of this program. The prohibition
against supplanting non-Federal funds in section 211(a) of Perkins V
applies to grant funds provided under this program but does not apply
to the matching requirement.
(c) Matching funds provided by a grantee may be met over the full
duration of the grant award period, rather than per year, except that
the grantee must make progress towards meeting the matching requirement
in each year of the grant award period.
2. Programs of Study. We propose to require that the programs of
study offered by projects to students meet two requirements. First, we
propose to require that, by no later than the end of the first year of
the project, the portion of each program of study that is intended to
be completed during high school be aligned with the entrance
requirements for public IHEs in the State and those institutions'
standards and criteria for accessing college-credit courses. We propose
this requirement so that programs of study will prepare students for
postsecondary education without need for remediation that could delay
or prevent their completion of a postsecondary credential.
Second, we propose to require that projects offer students programs
of study that culminate with an associate, baccalaureate, or advanced
degree, or that lead seamlessly to and through a Registered
Apprenticeship program. This proposed requirement would permit programs
of study to include the attainment of an industry-recognized credential
or a postsecondary certificate, but they could not be the terminal
credential in the program of study. We propose this requirement so that
students will have the opportunity to choose pathways that lead to
credentials
[[Page 31204]]
that have the greatest value in the labor market, and so that students
can always choose to return to education as a means of lifelong
learning and upskilling throughout their career advancement. Eight
state-level longitudinal studies carried out by researchers associated
with the Center for Analysis of Postsecondary Education and Employment,
which was funded by the Institute of Education Sciences between 2011
and 2017, found that, for each quarter after college, the earnings of
male and female associate degree holders were approximately $1,160 and
$1,790 higher per quarter, respectively, than for persons who attended
community college but did not earn a credential. In contrast, on
average, male and female certificate holders earned approximately $530
and $740 more per quarter than persons who attended community college
but did not earn a credential. In two of the state studies, moreover,
the labor market returns to certificates were negative.\42\
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\42\ Belfield, C. and Bailey, T. (2017), The Labor Market
Returns to Sub-Baccalaureate College: A Review. Center for Analysis
of Postsecondary Education and Employment, Teachers College,
Columbia University. Retrieved from: https://ccrc.tc.columbia.edu/publications/labor-market-returns-sub-baccalaureate-college-review.html.
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Depending on field of study, the economic returns to bachelor's
degrees are at least as high as those for associate degrees and are
often considerably greater. Using data from the American Community
Survey, Hamilton Project economists examined the lifetime earnings of
adults at different levels of educational attainment for 80 fields of
study. The lifetime median earnings of bachelor's degree graduates were
at least as high as the lifetime median earnings of associate degree
holders for all but four fields of study and were often much higher.
The typical bachelor's degree holder earned $335,000 more in cumulative
career earnings than what the typical associate degree graduate
earned.\43\
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\43\ Hershbein, B. and M. Kearney (2014), Major Decisions: What
Graduates Earn Over Their Lifetimes. The Hamilton Project. Retrieved
from: https://www.hamiltonproject.org/papers/major_decisions_what_graduates_earn_over_their_lifetimes.
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Proposed Requirement:
By no later than the end of the first year of the project, courses
in programs of study offered by grantees to students for completion
during high school must be designed to meet the entrance requirements
and expectations for placement in credit-bearing coursework at public,
in-state IHEs. The programs of study offered to students by grantees
may include opportunities to attain an industry-recognized credential
or a postsecondary certificate that participating students may earn
during high school but must culminate with an associate, bachelor's, or
advanced degree, or completion of a Registered Apprenticeship Program,
upon completion of additional postsecondary education after high school
graduation.
3. Independent Evaluation. Section 114(e)(8) of Perkins V requires
each grantee to support an independent evaluation of its project. We
are proposing to require that this evaluation include the collection
and reporting of a set of common indicators to measure, in accordance
with Department instructions, the extent to which the grantee is
implementing career-connected high schools and achieving the program
objectives. These proposed indicators include, for example, the
percentage of students who graduated from high schools served by the
proposed project who, prior to or upon graduation, earned postsecondary
credits through their successful participation in dual or concurrent
enrollment programs, completed a work-based learning opportunity for
which the student received wages or academic credit, and earned an
industry-recognized credential. Consistent with section 114(e)(8)(B) of
Perkins V, we further propose to require the evaluation to disaggregate
these indicators by major racial and ethnic group and special
population (as defined by section 3 of Perkins V). Additionally, the
evaluation would assess the grantee's success in implementing any
project-specific objectives and, consistent with the requirements of
section 114(e)(8)(A) of Perkins V, collect data on the performance
indicators established in section 113 of Perkins V. Data collected for
the evaluation may also be used to support a grantee's request for
funding for years 4 and 5 of the project. Under section 114(e) of
Perkins V, the Department may extend PIM grants after 3 years for one
additional 2-year period if the grantee demonstrates that the project
is achieving its program objectives and, as applicable, has improved
education outcomes for CTE students, including special populations.
Proposed Requirement:
(a) The independent evaluation (as defined in this notice)
supported by a grantee must, in accordance with instructions and
definitions provided by the Secretary, report annually the number and
percentage of students who graduated from high schools served by the
proposed project who, prior to or upon graduation--
(1) Earned, through their successful participation in dual or
concurrent enrollment programs in academic or career and technical
education subject areas --
(i) any postsecondary credits; and, separately,
(ii) 12 or more postsecondary credits.
(2) Completed 40 or more hours of work-based learning for which
they received wages or academic credit, or both.
(3) Attained an industry-recognized credential that is in-demand in
the local, regional, or State labor market and associated with one or
more jobs with median earnings that exceed the median earnings of a
high school graduate.
(4) Met, in each year of high school, with a school counselor,
college adviser, career coach, or other appropriately trained adult for
education and career counseling during which they reviewed and updated
a personalized postsecondary educational and career plan (as defined by
this notice).
(b) The outcomes described in paragraph (a) must be disaggregated
by--
(1) Subgroups of students, described in section 1111(c)(2)(B) of
the ESEA; and
(2) Special populations, as defined by section 3(48) of Perkins V;
and
(c) The independent evaluation (as defined in this notice)
supported by a grantee must also report annually on any project-
specific indicators identified by the grantee.
4. Final MOU. Proposed Priority 2 would permit applicants
submitting partnership applications to include with their applications
a preliminary MOU among the partners. We propose to require grantees
that submitted partnership applications to provide the Department with
a final MOU within 120 days of the grant award.
Proposed Requirement:
Within 120 days of receipt of its grant award, each grantee that
submitted a partnership application must submit a final memorandum of
understanding (MOU) among all partner entities that describes the roles
and responsibilities of the partners in carrying out the project and
its activities.
5. Project Implementation Plan and Timeline. Proposed Priority 1
requires that each applicant submit a detailed 5-year planning and
implementation plan to increase the alignment of the last 2 years of
high school and the first 2 years of postsecondary education in one or
more high schools. We propose a requirement that by no later than the
end of the fifth year of the project, each grantee's project will
implement one or more of the four pillars of career-connected learning,
as described in Proposed Priority 1 for students served
[[Page 31205]]
by the project, according to the applicant's project implementation
plan. We propose this requirement to reinforce that the overall goal of
the program is to implement a cohesive and integrated plan for
transforming high schools to prepare all young people effectively and
equitably for their futures. We recognize that some grantees will be
further along in developing policies and programming related to one or
more of the four pillars at the outset of the project period, while
others will need more time to focus on starting up one or more of the
pillars. Grantees will be required to submit an implementation report
on an annual basis.
Proposed Requirement:
Each grantee must have a project plan that includes an
implementation timeline with benchmarks to implement one or more of the
four pillars of career-connected learning for students served by the
project, as described in Proposed Priority 1, by no later than the end
of the fifth year of the project. Each grantee will submit a progress
report documenting progress on the implementation plan and the timeline
on an annual basis.
Proposed Application Requirements:
We propose four application requirements, one relating to matching
funds and three related to the course sequences of the programs of
study that will be offered to students by the proposed project. We may
apply these requirements in any year in which this program is in
effect.
1. Demonstration of Matching Funds. Section 114(e)(2) of Perkins V
requires each grantee to provide from non-Federal sources (e.g., State,
local, or private sources), an amount equal to not less than 50 percent
of funds provided under the grant, which may be provided in cash or
through in-kind contributions, to carry out activities supported by the
grant unless the requirement is waived due to ``exceptional
circumstances.'' To implement this requirement, we propose to require
each applicant to include in its grant application a budget detailing
the source of the matching funds or a request for a waiver of the
matching requirement. An applicant seeking a waiver of the matching
requirements must describe and provide evidence of the exceptional
circumstances that make it difficult for the applicant to provide
matching funds, and an indication as to how it would carry out its
proposed project if the matching requirement is not waived.
Proposed Requirement:
(a) Each applicant must provide from non-Federal sources (e.g.,
State, local, or private sources) an amount equal to not less than 50
percent of funds provided under the grant, which may be provided in
cash or through in-kind contributions, to carry out activities
supported by the grant unless it receives a waiver due to exceptional
circumstances. The applicant must include in its grant application a
budget detailing the source of the matching funds or a request to waive
the entirety or a portion of the matching requirement due to
exceptional circumstances.
(b) An applicant that is unable to meet the matching requirement
must include in its application a request to the Secretary to reduce
the matching requirement, including the amount of the requested
reduction, the total remaining match contribution, an explanation and
evidence of the exceptional circumstances that make it difficult for
the applicant to provide matching funds, and an indication as to
whether it can carry out its proposed project if the matching
requirement is not waived.
2. Programs of Study. We propose to require each applicant to
identify and describe in its application the course sequences in the
programs of study that will be offered by schools in the proposed
project, including the certificate of completion of a Registered
Apprenticeship or associate, bachelor's, or advanced degree that
students may earn by completing each program of study.
Proposed Requirement:
Each applicant must identify and describe in its application the
course sequences in the programs of study that will be offered by high
schools in the proposed project, including the associate, bachelor's,
advanced degree, or certificate of completion of a Registered
Apprenticeship that students may earn by completing each program of
study, and how students served by the proposed project will have
equitable access to such programs of study.
3. Secondary and Postsecondary Alignment. One of the program
requirements we propose in this notice would require that, by no later
than the end of the first year of the project, the secondary coursework
offered to students in funded projects be designed to meet the entrance
requirements and expectations for placement in credit-bearing
coursework at public, in-state IHEs. We propose a complementary
application requirement here. We propose this requirement in order to
give peer reviewers information they need to assess the extent to which
the proposed project will prepare all students for postsecondary
education without need for remediation, one of the selection criteria
proposed elsewhere in this notice.
Proposed Requirement:
Each applicant must describe how it has aligned or will align the
secondary coursework offered to students in funded projects to meet the
entrance requirements and expectations for placement in credit-bearing
coursework at public, in-state IHEs. If the alignment has not been
achieved at the time of application, this description must include a
timeline for completion of this work by the end of the first year of
the project, as well as information on the persons who will be
responsible for these activities and their roles and qualifications.
4. Articulation and Credit Transfer Agreements. We propose to
require each applicant to provide an assurance that, by no later than
the end of the first year of the project, LEAs and IHEs participating
in the project will execute articulation or credit transfer agreements
that ensure that postsecondary credits earned by students in dual or
concurrent enrollment programs supported by the project will be
accepted for transfer at the participating IHE and count toward the
requirements for earning culminating postsecondary credentials for
programs of study offered to students through the project. We propose
this requirement so that students' participation in dual or concurrent
enrollment programs results in college credits that may be used to
accelerate students' completion of a postsecondary credential.
Proposed Requirement:
Each applicant must include in its application an assurance that by
no later than the end of the first year of the project, LEAs, and IHEs
participating in the project will execute articulation or credit
transfer agreements that ensure that postsecondary credits earned by
students in dual or concurrent enrollment programs supported by the
project will be accepted for transfer at each participating IHE and
count toward the requirements for earning culminating postsecondary
credentials for programs of study offered to students through the
project.
Proposed Definitions:
The Secretary proposes the following definitions for this program.
We may apply these definitions in any year in which this program is in
effect.
Independent evaluation means an evaluation that is designed and
carried out independent of and external to the grantee but in
coordination with any employees of the grantee who developed a project
component that is
[[Page 31206]]
currently being implemented as part of the grant activities.
Industry-recognized credential means a credential that is--
(a) Developed and offered by, or endorsed by, a nationally
recognized industry association or organization representing a sizable
portion of the industry sector, or a product vendor;
(b) Awarded in recognition of an individual's attainment of
measurable technical or occupational skills; and
(c) Sought or accepted by multiple employers within an industry or
sector as a recognized, preferred, or required credential for
recruitment, hiring, retention, or advancement.
Personalized postsecondary educational and career plan means a
plan, developed by the student and, to the greatest extent practicable,
the student's family or guardian, in collaboration with a school
counselor or other individual trained to provide career guidance and
academic counseling (as defined in section 3(7) of Perkins V), that is
used to help establish personalized academic and career goals, explore
postsecondary and career opportunities, identify programs of study and
work-based learning that advance the student's personalized
postsecondary education and career goals, and establish appropriate
milestones and timelines for tasks important to preparing for success
after high school, including applying for postsecondary education and
student financial aid, preparing a resume, and completing applications
for employment.
Rural community means an area served by an LEA with an urban-
centric district locale code of 32, 33, 41, 42, or 43, as determined by
the Secretary and defined by the National Center for Education
Statistics (NCES) Locale framework.
Proposed Selection Criteria
Background:
We propose the following selection criteria for evaluating an
application under this program. We may apply one or more of these
criteria in any year in which this program is in effect. We propose
that the Department may use one or more of the selection criteria
established in the notice of final priorities, requirements,
definitions, and selection criteria; any of the selection criteria in
34 CFR 75.210; or criteria based on the statutory requirements for the
PIM program, in accordance with 34 CFR 75.209. In the NIA, we will
announce the maximum possible points assigned to each criterion.
Proposed Selection Criteria
(a) Significance.
In determining the significance of the proposed project, the
Department proposes to consider one or more of the following factors:
(1) The extent to which the proposed project addresses a regional
or local labor market need identified through a comprehensive local
needs assessment carried out under section 134(c) of Perkins V or labor
market information produced by the State or other entity that
demonstrates the proposed project will address State, regional, or
local labor market needs.
(2) The extent to which the proposed project demonstrates that it
will serve students who are predominantly from low-income families.
(3) The extent to which the proposed project addresses significant
barriers to enrollment and completion in dual or concurrent enrollment
programs and will expand access to these programs for students served
by the project.
(b) Quality of the project design.
In determining the quality of the project design, the Department
proposes to consider one or more of the following factors:
(1) The extent to which the proposed project is likely to be
effective in increasing the successful participation in dual or
concurrent enrollment programs (as defined by section 3 of Perkins V)
by students who are not currently participating in such programs, and
the likely magnitude of the increase.
(2) The extent to which the proposed project will increase the
successful participation in work-based learning opportunities (as
defined by section 3 of Perkins V) for which they received wages or
academic credit, or both, prior to graduation by students who are not
currently participating in such opportunities, and the likely magnitude
of the increase.
(3) The extent to which the proposed project is likely to be
effective in increasing successful participation in opportunities to
attain an in-demand and high-value industry-recognized credential that
is sought or accepted by multiple employers within an industry or
sector as a recognized, preferred, or required credential for
recruitment, hiring, retention, or advancement by students who are not
currently participating in such opportunities, and the likely magnitude
of the increase.
(4) The extent to which the proposed project will implement
strategies that are likely to be effective in eliminating or mitigating
barriers to the successful participation by all students in dual or
concurrent programs (as defined by section 3 of Perkins V), work-based
learning opportunities (as defined by section 3 of Perkins V), and
opportunities to attain in-demand and high-value industry-recognized
credentials (as defined in this notice), including such barriers as the
out-of-pocket costs of tuition, books, and examination fees;
transportation; and eligibility requirements that do not include
multiple measures of assessing academic readiness.
(5) The extent to which the proposed project will provide all
students effective and ongoing career guidance and academic counseling
(as defined by section 3 of Perkins V) in each year of high school
that--
(A) Will likely result, by no later than the end of the second year
of the project, in a personalized postsecondary education and career
plan for each student that is updated at least once annually with the
assistance of a school counselor, career coach, mentor, or other adult
trained to provide career guidance and counseling to high school
students; and
(B) Includes the provision of current labor market information
about careers in high-demand fields that pay living wages; advice and
assistance in identifying, preparing for, and applying for
postsecondary educational opportunities; information on Federal student
financial aid programs; and assistance in applying for Federal student
financial aid.
(6) The extent to which the proposed project is likely to prepare
all students served by the project to enroll in postsecondary education
following high school without need for remediation.
(c) Quality of the management plan.
In determining the quality of the management plan, the Department
proposes to consider one or more of the following factors:
(1) The extent to which the project goals are clear, complete, and
coherent, and the extent to which the project activities constitute a
complete plan aligned to those goals, including the identification of
potential risks to project success and strategies to mitigate those
risks;
(2) The extent to which the management plan articulates key
responsibilities for each party involved in the project and also
articulates well-defined objectives, including the timelines and
milestones for completion of major project activities, the metrics that
will be used to assess progress on an ongoing basis, and annual
performance targets the applicant will use to monitor whether the
project is achieving its goals;
[[Page 31207]]
(3) The adequacy of the project's staffing plan, particularly for
the first year of the project, including:
(A) The identification of the project director and, in the case of
projects with unfilled key personnel positions at the beginning of the
project, a description of how critical work will proceed; and
(B) The extent to which the project director has experience
managing projects similar in scope to that of the proposed project.
(4) The extent of the demonstrated commitment of any partners whose
participation is critical to the project's long-term success, including
the extent of any evidence of support or specific resources from
employers and other stakeholders.
(5) The extent to which employers in the labor market served by the
proposed project will be involved in making decisions with respect to
the project's implementation and in carrying out its activities.
(d) Support for rural communities.
In determining the extent of the project's support for rural
communities, the Department proposes to consider one or more of the
following factors:
(1) The extent to which the applicant presents a clear, well-
documented plan for primarily serving students from rural communities.
(2) The extent to which the applicant proposes a project that will
improve the education and employment outcomes of students in rural
communities.
Specific Requests for Comment
We invite you to submit comments regarding the proposed priorities,
requirements, definitions, and selection criteria. To ensure that your
comments have maximum effect in developing the final notice, we urge
you to clearly identify the specific section of the proposed
priorities, requirements, definitions, and selection criteria that each
comment addresses.
The Department is particularly interested in comments on:
Whether there are additional appropriate data sources
demonstrating economic disadvantage that may also be appropriate
sources for family income that applicants could use to demonstrate that
a project will predominantly serve students from families with low
incomes;
Whether there are additional factors the Department should
consider in assessing an applicant's efforts to ``demonstrate
exceptional circumstances'' that merit a waiver of the 50 percent
matching requirement, and whether additional examples should be
included.
Whether there are important aspects of assessing the
likelihood of project success that the proposed selection criteria do
not address; and
Whether there is ambiguity in the language of specific
selection criteria that would make it difficult for applicants to
respond to the criteria and for peer reviewers to evaluate applications
with respect to the selection criteria.
Final Priorities, Requirements, Definitions, and Selection Criteria
We will announce the final priorities, requirements, definitions,
and selection criteria in a notice in the Federal Register. We will
determine the final priorities, requirements, definitions, and
selection criteria after considering responses to this notice and other
information available to the Department. This notice does not preclude
us from proposing additional priorities, requirements, definitions, or
selection criteria, subject to meeting applicable rulemaking
requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use these proposed priorities and one or more of
these proposed priorities, requirements, definitions, and selection
criteria, we invite applications through a notice in the Federal
Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, as modified by Executive Order 14094,
the Secretary must determine whether this regulatory action is
``significant'' and, therefore, subject to the requirements of the
Executive Order and subject to review by the Office of Management and
Budget (OMB). Section 3(f) of Executive Order 12866, as modified,
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $200 million or more
(adjusted every 3 years by the Administrator of OIRA for changes in
gross domestic product); or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, territorial, or
Tribal governments or communities (also referred to as an
``economically significant'' rule);
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues for which centralized review
would meaningfully further the President's priorities or the principles
stated in the Executive Order, as specifically authorized in a timely
manner by the Administrator of OIRA in each case.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866, as modified.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866, as modified. To the extent
permitted by law, Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these proposed priorities, requirements,
definitions, and selection criteria only on a reasoned determination
that their benefits would justify their costs. In choosing among
alternative regulatory approaches, we selected those approaches that
would maximize net benefits. Based on the
[[Page 31208]]
analysis that follows, the Department believes that this regulatory
action is consistent with the principles in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, territorial, and Tribal governments
in the exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Summary of Costs and Benefits: The Department believes that these
proposed priorities, requirements, selection criteria, and definitions
would not impose significant costs on applicants applying for
assistance under section 114 of Perkins V. We also believe that the
benefits of implementing the proposed priorities, requirements,
definitions, and selection criteria justify any associated costs.
The Department believes that the proposed priorities, requirements,
definitions, and selection criteria would help to ensure that grants
provided under section 114(e) of Perkins V are awarded only for
allowable, reasonable, and necessary costs; and eligible applicants
consider carefully in preparing their applications how the grants may
be used to improve student success in secondary education,
postsecondary education, and careers. The proposed priorities, program
requirements, selection criteria, and related definitions are necessary
to ensure that taxpayer funds are expended appropriately.
The Department further believes that the costs imposed on an
applicant by the proposed priorities, requirements, selection criteria,
and definitions would be largely limited to the paperwork burden
related to meeting the application requirements and that the benefits
of preparing an application and receiving an award would justify any
costs incurred by the applicant. The costs of these proposed
requirements and definitions would not be a significant burden for any
eligible applicant.
Elsewhere in this section under Paperwork Reduction Act of 1995, we
identify and explain burdens specifically associated with information
collection requirements.
Paperwork Reduction Act
As part of its continuing effort to reduce paperwork and respondent
burden, the Department provides the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information in accordance with the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.). This helps ensure that the public
understands the Department's collection instructions, respondents
provide the requested data in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the Department can properly assess the impact
of collection requirements on respondents.
The proposed requirements contain information collection
requirements. Under the PRA the Department has submitted these
requirements to OMB for its review.
A Federal agency may not conduct or sponsor a collection of
information unless OMB approves the collection under the PRA and the
corresponding information collection instrument displays a currently
valid OMB control number. Notwithstanding any other provision of the
law, no person is required to comply with, or is subject to penalty for
failure to comply with, a collection of information if the collection
instrument does not display a currently valid OMB control number.
In the notice of final priorities, requirements, definitions, and
selection criteria we will display the control number assigned by OMB
to any information collection proposed in this document and adopted in
the notice of final priorities, requirements, definitions, and
selection criteria.
For the years that the Department holds a PIM grant competition, we
estimate 150 entities will apply and submit an application. We estimate
that it will take each applicant 40 hours to complete and submit the
application, including time for reviewing instructions, searching
existing data sources, gathering, and maintaining the data needed, and
completing and reviewing the collection of information. The total
burden hour estimate for this collection is 6,000 hours. At $97.82 per
hour (using mean wages for Education and Childcare Administrators \44\
and assuming the total cost of labor, including benefits and overhead,
is equal to 200 percent of the mean wage rate), the total estimated
cost for 150 applicants to complete the PIM application is
approximately $583,680. The Department is requesting paperwork
clearance on the OMB 1830-NEW data collection associated with this
proposed requirement. That request will account for all burden hours
and costs discussed within this section.
---------------------------------------------------------------------------
\44\ See https://www.bls.gov/oes/current/oes_nat.htm.
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Consistent with 5 CFR 1320.8(d), the Department is soliciting
comments on the information collection. We must receive your comments
on the collection activities contained in these proposed priorities,
requirements, definitions, and selection criteria on or before June 15,
2023. Comments related to the information collection activities must be
submitted electronically through the Federal eRulemaking Portal at
www.regulations.gov by selecting the Docket ID number ED-2023-OCTAE-
0048 or via postal mail, commercial delivery, or hand delivery by
referencing the Docket ID number and the title of the information
collection request at the top of your comment. Comments submitted by
postal mail or delivery should be addressed to the PRA Coordinator of
the Strategic Collections and Clearance Governance and Strategy
Division, U.S. Department of Education, 400 Maryland Avenue SW, Room
6W208D, Washington, DC 20202-8240.
Note: The Office of Information and Regulatory Affairs and the
Department review all comments related to the information collection
activities posted at www.regulations.gov.
Collection of Information
----------------------------------------------------------------------------------------------------------------
Estimated Total Estimated cost
Information collection activity number of Hours per estimated at an hourly
responses response burden hours rate of $97.82
----------------------------------------------------------------------------------------------------------------
PIM Application............................. 150 40 6,000 $583,680
----------------------------------------------------------------------------------------------------------------
[[Page 31209]]
We consider your comments on this proposed collection of
information in--
Deciding whether the proposed collection is necessary for
the proper performance of our functions, including whether the
information will have practical use;
Evaluating the accuracy of our estimate of the burden of
the proposed collection, including the validity of our methodology and
assumptions;
Enhancing the quality, usefulness, and clarity of the
information we collect; and
Minimizing the burden on those who must respond. This
includes exploring the use of appropriate automated, electronic,
mechanical, or other technological collection techniques.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive Order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive Order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: On request to the person listed under FOR
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain
this document in an accessible format. The Department will provide the
requestor with an accessible format that may include Rich Text Format
(RTF) or text format (txt), a thumb drive, an MP3 file, braille, large
print, audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Amy Loyd,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2023-10220 Filed 5-15-23; 8:45 am]
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