Proposed Priorities, Requirements, and Definitions-National Professional Development Program, 63543-63547 [2023-20011]
Download as PDF
Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
time if comments are filed
electronically, or commenters should
send only one copy of written
comments if comments are filed in
writing.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this proposal in light of the comments
it receives.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Availability of Rulemaking Documents
An electronic copy of this document
may be downloaded through the
internet at www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at www.faa.gov/air_
traffic/publications/airspace_
amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Operations office
(see ADDRESSES section for address,
phone number, and hours of
operations). An informal docket may
also be examined during normal
business hours at the office at the
Northwest Mountain Regional Office of
the Federal Aviation Administration,
Air Traffic Organization, Western
Service Center, Operations Support
Group, 2200 S 216th Street, Des Moines,
WA 98198.
Incorporation by Reference
Class E5 airspace designation is
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document proposes to amend the
current version of that order, FAA Order
VerDate Sep<11>2014
16:04 Sep 14, 2023
Jkt 259001
63543
JO 7400.11H, dated August 11, 2023,
and effective September 15, 2023. These
updates would be published in the next
update to FAA Order JO 7400.11. That
order is publicly available as listed in
the ADDRESSES section of this document.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposal
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
The FAA is proposing an amendment
to 14 CFR part 71 to modify the Class
E airspace extending upward from 700
feet above the surface at Spanish Fork
Municipal Airport/Woodhouse Field,
Spanish Fork, UT.
The existing Class E airspace is
comprised of 6.5-mile radius around the
airport. This area should be expanded to
better contain departing IFR operations
until they reach 1,200 feet above the
surface on the SPANISH FORK ONE
DEPARTURE (OBSTACLE) procedure.
A 6.9-mile radius around the airport
would fully contain this procedure.
Finally, a 2.1-mile extension from the
airport’s 326° bearing extending 2 mile
either side should be added. The
extension will better contain IFR arrival
operations below 1,500 feet above the
surface on the Area Navigation (RNAV)
(Global Positioning System [GPS]) Y
Runway (RWY) 12 and RNAV (GPS) Z
RWY 12 approaches.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Frm 00010
Fmt 4702
Sfmt 4702
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 6005 Class E Airspace Extending
Upward From 700 Feet or More Above the
Surface of the Earth.
*
*
*
*
*
ANM UT E5 Spanish Fork, UT [Amended]
Spanish Fork Airport-Woodhouse Field, UT
(Lat. 40°08′42″ N, long. 111°40′04″ W)
That airspace extending upward from 700
feet above the surface within a 6.9-mile
radius of the airport, and within 2 miles each
side of the 326° bearing extending from the
6.9-mile radius to 9 miles northwest of the
airport.
*
*
*
*
*
Issued in Des Moines, Washington, on
September 6, 2023.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2023–19594 Filed 9–14–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2023–OELA–0132]
Proposed Priorities, Requirements,
and Definitions—National Professional
Development Program
Office of English Language
Acquisition, Department of Education.
ACTION: Proposed priorities,
requirements, and definitions.
AGENCY:
Environmental Review
PO 00000
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
The Department of Education
(Department) proposes priorities,
requirements, and definitions for use in
SUMMARY:
E:\FR\FM\15SEP1.SGM
15SEP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
63544
Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules
the National Professional Development
(NPD) program, Assistance Listing
Number 84.365Z. The Department may
use one or more of these priorities,
requirements, and definitions for
competitions in fiscal year (FY) 2023
and later years. We intend for these
priorities, requirements, and definitions
to increase the number of bilingual and
multilingual teachers supporting
English language learners.
DATES: We must receive your comments
on or before October 16, 2023.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at www.regulations.gov. However,
if you require an accommodation or
cannot otherwise submit your
comments via www.regulations.gov,
please contact the program contact
person listed under FOR FURTHER
INFORMATION CONTACT. The Department
will not accept comments submitted
after the comment period closes. To
ensure the Department does 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: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, 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 in their entirety 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:
Francisco Javier Lo´pez, U.S. Department
of Education, 400 Maryland Avenue
SW, Room H3215, PCP, Washington, DC
20202. Telephone: (202) 558–4880.
Email: NPPNPD@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 the
proposed priorities, requirements, and
definitions. To ensure that your
comments have maximum effect in
developing the final priorities,
requirements, and definitions, we urge
you to identify clearly the specific
proposed priorities, requirements, and
VerDate Sep<11>2014
16:04 Sep 14, 2023
Jkt 259001
definitions that each comment
addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders
12866, 13563, and 14094 and their
overall requirement of reducing
regulatory burden that might result from
these proposed priorities, requirements,
and definitions. Please let us know of
any further ways we could 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 public comments about
the proposed priorities, requirements,
and definitions 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 these proposed priorities,
requirements, and definitions. 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 NPD
program, authorized by sections
3111(c)(1)(C) and 3131 of the
Elementary and Secondary Education
Act of 1965(ESEA), provides grants to
institutions of higher education (IHEs)
or public or private entities with
relevant experience and capacity, in
consortia with State educational
agencies (SEAs) or local educational
agencies (LEAs), to implement preservice and in-service professional
development activities intended to
improve instruction for English Learners
(ELs) and assist education personnel
working with ELs to meet high
professional standards.
Program Authority: 20 U.S.C. 6861.
Proposed Priorities
The Department proposes the
following three priorities for this
program. We may use one or more of
these priorities in any year in which this
program is in effect.
Background
‘‘Raise the Bar (RTB): Lead the
World’’ is the Department’s call to
action to transform prekindergarten
through postsecondary learning and
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
unite around what truly works by
promoting academic excellence, boldly
improving learning conditions, and
preparing our Nation’s students for
global competitiveness.1 A robust and
sustainable educator workforce
available to educate and support all
children and youth is essential to this
call to action. The priorities proposed in
this document would advance many of
these goals. Specifically, we are
proposing priorities designed to help
eliminate the educator shortage,
increase services for our students who
are English learners, and expand
pathways to multilingualism for all
students.
A growing body of evidence suggests
that diverse classroom settings, such as
in bilingual and multilingual education,
may be positively associated with
students’ ability to empathize and relate
to others, have long-term career benefits,
and result in a higher degree of
literacy.2 Learning another language
from a young age is an asset that
prepares all students for an increasingly
globalized economy. Globally, adults
who are bilingual and biliterate have
more job opportunities than
monolingual adults.3 Fostering a culture
of language-learning for all students also
communicates to linguistically
marginalized students that their heritage
languages and home identities are
valuable and welcomed in school.4
While there is a rich and diverse
population of both ELs and native
English speakers who would benefit
from bilingual education, there is a
shortage of bilingual and multilingual
teachers prepared to teach a growing
population of ELs and to make
multilingualism a reality for all.
According to 2019–20 data reported by
SEAs for the Title III State Formula
Grant Program, the number of K–12
students that were identified as ELs
increased 2.6 percent from the previous
school year. Yet, the number of certified
EL instructors decreased by almost
43,000 educators or 10.4 percent from
the previous school year.5 Additionally,
in a joint publication by The Century
Foundation and the Children’s Equity
1 https://www.ed.gov/raisethebar/.
2 Commission on Language Learning. America’s
Language (2017). Investing in Language Education
for the 21st Century. American Academy of Arts
and Sciences: Cambridge, Massachusetts.
3 Zelasko, N., & Antunez, B. (2000). If your child
learns in two languages. National Clearinghouse for
Bilingual Education. Retrieved from https://
www.ncela.gwu.edu/files/uploads/9/
IfYourChildLearnsInTwoLangs_English.pdf.
4 Analyzing the Curricularization of Language in
Two-Way Immersion Education: Restating Two
Cautionary Notes (Valde´s, 2018).
5 https://ncela.ed.gov/sites/default/files/2023-05/
OELABiennialReportSYs2018-20b-508.pdf.
E:\FR\FM\15SEP1.SGM
15SEP1
Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
Project, the researchers noted, ‘‘just one
in eight American teachers speaks a
non-English language at home . . . [and
of those] teachers who are linguistically
diverse, many are not trained or
credentialed to provide academic
instruction in non-English languages.’’ 6
The NPD program, as a pre-service
and in-service professional development
program, is uniquely positioned to
support the Department’s RTB goals by
helping to ensure that ELs have access
to well-prepared educators and by
growing our numbers of bilingual and
multilingual educators in order to
expand the availability of bilingual
programs.
The priorities proposed in this
document focus on pre-service programs
and in-service professional development
designed to expand the numbers of
bilingual or multilingual teachers and
other staff, including through growyour-own (GYO) efforts. Initial
research 7 suggests that GYO efforts may
be particularly effective in recruiting
educators who reflect the diversity of
our students, in this case, ELs who are
a growing resource that can be
encouraged and recruited to pursue
careers as bilingual and multilingual
teachers. Many GYO programs also
extend support to paraprofessionals,
high-quality substitute teachers, and
others in a community who are
interested in transitioning into roles as
educators by supporting their training
and path to certification.
Additionally, we continue to
emphasize and elevate supports for
students from low-income backgrounds
by proposing a priority and a
corresponding definition that focuses on
enrolling specific percentages of teacher
candidates who are from low-income
backgrounds. Thirty-seven percent of
ELs are from disadvantaged family
backgrounds who are living in poverty,
and schools that have higher
concentrations of ELs tend to be highpoverty schools.8 Students, particularly
6 Williams, C.P., Meek, S., Marcus, M., Zabala, J.
(2023). Ensuring Equitable Access to Dual-Language
Immersion Programs: Supporting English Learners’
Emerging Bilingualism. Retrieved from https://
tcf.org/content/report/ensuring-equitable-access-todual-language-immersion-programs-supportingenglish-learners-emerging-bilingualism/.
7 Strategies for Designing, Implementing, and
Evaluating Grow-Your-Own Teacher Programs for
Educators (2017). REL Northwest. Retrieved from
https://ies.ed.gov/ncee/edlabs/regions/northwest/
pdf/strategies-for-educators.pdf.
8 Quintero, D. & Hansen, M. (2021). As we tackle
school segregation, don’t forget about English
Learner students. The Brookings Institution.
Retrieved from https://www.brookings.edu/blog/
brown-center-chalkboard/2021/01/14/as-we-tackleschool-segregation-dont-forget-about-englishlearner-students/.
VerDate Sep<11>2014
16:04 Sep 14, 2023
Jkt 259001
emerging bilingual and multilingual
students, from low-income backgrounds
are a critical part of addressing the need
to provide culturally and linguistically
relevant teaching in high-need schools
and to give all students the opportunity
to be taught by diverse educators. We
are proposing a definition using Pell
eligibility as a proxy for determining
whether students are from low-income
backgrounds given that Pell eligibility
takes into account variables such as
family income and family size. Further,
we believe the data needed to
demonstrate Pell eligibility is easily
accessible to IHEs and other potential
applicants that partner with IHEs who
can obtain student aid information.
As the EL population continues to
grow, and as our global economy
becomes more interconnected, it is
increasingly important to focus efforts
on addressing the shortage of teachers
and other staff licensed and certified to
work with ELs and to provide
opportunities for all students to benefit
from bilingual or multilingual
instruction.
Proposed Priority 1—Increase the
Number of Bilingual or Multilingual
Teachers Through Pre-Service
Programs.
Projects that propose to increase the
number of licensed or certified bilingual
or multilingual teachers working in
language instruction educational
programs or serving ELs, and improve
their qualifications and skills, through
evidence-based pre-service programs.
Applicants must describe their plan for
recruiting, supporting, and retaining
bilingual or multilingual teacher
candidates, which must include growyour-own (GYO) efforts that are
designed to address shortages of
bilingual or multilingual teachers and
increase the diversity of qualified
individuals entering the educator
workforce. Applicants must include in
their proposed plan one or more of the
following GYO strategies:
• Supporting bilingual or
multilingual paraprofessionals actively
working in P–12 schools in becoming
teachers.
• Creating pathway programs for
middle and high school students who
are pursuing seals of biliteracy to
become teachers.
• Recruiting individuals who may
have a teaching credential but have not
been teaching in bilingual or
multilingual education settings.
• Offering registered apprenticeship
programs for teachers that establish,
scale, and build on existing high-quality
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
63545
pathways into bilingual or multilingual
education settings.
• Implementing other evidence-based
GYO efforts for bilingual or multilingual
individuals.
Proposed Priority 2—Service to LowIncome Students.
Projects that propose to recruit, train,
and retain in the pre-service program
classes of participants for which one or
more of the following conditions are
met:
(a) At least 30 percent of the
participants are low-income students.
(b) At least 40 percent of the
participants are low-income students.
(c) At least 50 percent of the
participants are low-income students.
Proposed Priority 3—Improve InService Professional Development
Programs Targeting Bilingual or
Multilingual Educational Personnel
Who Serve English Learners.
Projects that propose evidence-based
in-service professional development
programs designed to expand the
number, and improve the qualifications
and skills, of bilingual or multilingual
educational personnel working in
language instruction educational
programs or serving ELs, including
educational paraprofessionals and
personnel who are not certified or
licensed.
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)).
E:\FR\FM\15SEP1.SGM
15SEP1
63546
Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules
Proposed Requirements
The Department proposes the
following requirements for this program.
We may apply one or more of these
requirements in any year in which this
program is in effect.
Proposed Application Requirements:
An applicant must provide the
indicators it proposes to use to
determine if a participant meets the
definition of ‘‘bilingual or
multilingual.’’ Applicants may provide
this information in response to the
selection criteria, or otherwise as
applicable in their applications.
Proposed Definitions
The Department proposes the
following definitions for this program.
We may apply one or more of these
definitions in any year in which this
program is in effect.
Bilingual or multilingual means able
to listen, speak, read, and write in two
or more languages with at least a high
level of proficiency in each language, as
determined based on indicators of
proficiency established by the grantee.
Low-income student means a
student—
(a) Who is eligible to receive a Federal
Pell Grant for the award year for which
the determination is made; or
(b) Who would otherwise be eligible
to receive a Federal Pell Grant for the
award year for which the determination
is made, except that the student fails to
meet the requirements of section
484(a)(5) of the Higher Education Act,
20 U.S.C. 1091(a)(5), because the
student is in the United States for a
temporary purpose.
Pre-service means the period of
training for a person who does not have
a prior teaching certification or license
and who is enrolled in a teacher
education program at an institution of
higher education.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Final Priorities, Requirements, and
Definitions
We will announce the final priorities,
requirements, and definitions in the
Federal Register. We will determine the
final priorities, requirements, and
definitions after considering responses
to the proposed priorities, requirements,
and definitions and other information
available to the Department. This
document does not preclude us from
proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit
applications. In any year in which we
choose to use one or more of these
priorities, requirements, and definitions,
VerDate Sep<11>2014
16:04 Sep 14, 2023
Jkt 259001
we invite applications through a notice
in the Federal Register.
Executive Orders 12866, 13563, and
14094
Regulatory Impact Analysis
Under Executive Order 12866, the
Office of Management and Budget
(OMB) must determine whether this
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive order and subject to
review by OMB. Section 3(f) of
Executive Order 12866, as amended by
Executive Order 14094, 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 Office of Information
and Regulatory Affairs (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;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlements grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise legal or policy issues for
which centralized review would
meaningfully further the President’s
priorities, or the principles set forth in
this 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 amended by
Executive Order 14094.
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 amended by
Executive Order 14094. 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
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
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, and definitions
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 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, and Tribal
governments in the exercise of their
governmental functions.
In accordance with these 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.
Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum ‘‘Plain
Language in Government Writing’’
require each agency to write regulations
that are easy to understand. The
Secretary invites comments on how to
make these proposed priorities,
requirements, and definitions easier to
E:\FR\FM\15SEP1.SGM
15SEP1
Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Proposed Rules
understand, including answers to
questions such as the following:
• Are the requirements in the
proposed priorities, requirements, and
definitions clearly stated?
• Do the proposed priorities,
requirements, and definitions contain
technical terms or other wording that
interferes with their clarity?
• Does the format of the proposed
priorities, requirements, and definitions
(grouping and order of sections, use of
headings, paragraphing, etc.) aid or
reduce their clarity?
• Would the proposed priorities,
requirements, and definitions be easier
to understand if we divided them into
more (but shorter) sections?
• Could the description of the
proposed priorities, requirements, and
definitions in the SUPPLEMENTARY
INFORMATION section of this preamble be
more helpful in making the proposed
priorities, requirements, and definitions
easier to understand? If so, how?
• What else could we do to make the
proposed priorities, requirements, and
definitions easier to understand?
To send any comments that concern
how the Department could make these
proposed priorities, requirements, and
definitions easier to understand, see the
instructions in the ADDRESSES section.
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Regulatory Flexibility Act Certification
The Secretary certifies that these
proposed priorities, requirements, and
definitions would not have a significant
economic impact on a substantial
number of small entities. The U.S. Small
Business Administration Size Standards
define proprietary institutions as small
businesses if they are independently
owned and operated, are not dominant
in their field of operation, and have total
annual revenue below $7,000,000.
Nonprofit institutions are defined as
small entities if they are independently
owned and operated and not dominant
in their field of operation. Public
institutions are defined as small
organizations if they are operated by a
government overseeing a population
below 50,000.
VerDate Sep<11>2014
16:04 Sep 14, 2023
Jkt 259001
The small entities that this proposed
regulatory action would affect are IHEs,
or public or private entities with
relevant experience and capacity, in
consortia with LEAs or SEAs applying
for and receiving funds under this
program. The Secretary believes that the
costs imposed on applicants by the
proposed priorities, requirements, and
definitions would be limited to
paperwork burden related to preparing
an application and that the benefits
would outweigh any costs incurred by
applicants.
Participation in this program is
voluntary. For this reason, the proposed
priorities, requirements, and definitions
would impose no burden on small
entities in general. Eligible applicants
would determine whether to apply for
funds and have the opportunity to
weigh the requirements for preparing
applications, and any associated costs,
against the likelihood of receiving
funding and the requirements for
implementing projects under the
program. Eligible applicants most likely
would apply only if they determine that
the likely benefits exceed the costs of
preparing an application. The likely
benefits include the potential receipt of
a grant as well as other benefits that may
accrue to an entity through its
development of an application, such as
the use of that application to seek
funding from other sources to address a
shortage in bilingual or multilingual
teachers working in a language
instruction education program or
serving ELs.
Paperwork Reduction Act of 1995
These proposed priorities,
requirements, and definitions do not
contain any information collection
requirements.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
63547
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.
Montserrat Garibay,
Assistant Deputy Secretary and Director for
the Office of English Language Acquisition.
[FR Doc. 2023–20011 Filed 9–14–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Chapter I
[Docket No. FWS–HQ–NWRS–2023–0024;
FXRS12610900000–FF09R25000–234]
National Wildlife Refuge System
Planning Policies (602 FW 1–4) for the
U.S. Fish and Wildlife Service
Fish and Wildlife Service,
Interior.
ACTION: Proposed policy updates;
request for comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are making
available for public comment our
proposed updated planning policies,
602 FW 1–4, for the National Wildlife
Refuge System (Refuge System). The
purpose of these policy updates is to
modernize the Refuge System’s refuge
management by incorporating landscape
conservation plans and consideration of
climate change and other anthropogenic
forces in refuge management.
DATES: The Service will accept
comments received or postmarked on or
before October 16, 2023. Please note that
if you are using Regulations.gov (see
ADDRESSES), the deadline for submitting
an electronic comment is 11:59 p.m.
Eastern Standard Time on this date.
ADDRESSES:
Obtaining Documents: You may
obtain copies of the documents online at
https://www.regulations.gov. In the
Search box, enter the docket number,
which is FWS–HQ–NWRS–2023–0024.
Submitting Comments: You may
submit comments by one of the
following methods:
• Internet: https://
www.regulations.gov. In the Search box,
enter the docket number, which is
FWS–HQ–NWRS–2023–0024. You may
enter a comment by clicking on the
‘‘Comment’’ button. Please ensure that
SUMMARY:
E:\FR\FM\15SEP1.SGM
15SEP1
Agencies
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Proposed Rules]
[Pages 63543-63547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20011]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2023-OELA-0132]
Proposed Priorities, Requirements, and Definitions--National
Professional Development Program
AGENCY: Office of English Language Acquisition, Department of
Education.
ACTION: Proposed priorities, requirements, and definitions.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) proposes priorities,
requirements, and definitions for use in
[[Page 63544]]
the National Professional Development (NPD) program, Assistance Listing
Number 84.365Z. The Department may use one or more of these priorities,
requirements, and definitions for competitions in fiscal year (FY) 2023
and later years. We intend for these priorities, requirements, and
definitions to increase the number of bilingual and multilingual
teachers supporting English language learners.
DATES: We must receive your comments on or before October 16, 2023.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at www.regulations.gov. However, if you require an accommodation
or cannot otherwise submit your comments via www.regulations.gov,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments submitted
after the comment period closes. To ensure the Department does 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: Go to www.regulations.gov to submit
your comments electronically. Information on using Regulations.gov,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, 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 in
their entirety 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: Francisco Javier L[oacute]pez, U.S.
Department of Education, 400 Maryland Avenue SW, Room H3215, PCP,
Washington, DC 20202. Telephone: (202) 558-4880. 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
the proposed priorities, requirements, and definitions. To ensure that
your comments have maximum effect in developing the final priorities,
requirements, and definitions, we urge you to identify clearly the
specific proposed priorities, requirements, and definitions that each
comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14094 and their
overall requirement of reducing regulatory burden that might result
from these proposed priorities, requirements, and definitions. Please
let us know of any further ways we could 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 public
comments about the proposed priorities, requirements, and definitions
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 these proposed priorities, requirements,
and definitions. 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 NPD program, authorized by sections
3111(c)(1)(C) and 3131 of the Elementary and Secondary Education Act of
1965(ESEA), provides grants to institutions of higher education (IHEs)
or public or private entities with relevant experience and capacity, in
consortia with State educational agencies (SEAs) or local educational
agencies (LEAs), to implement pre-service and in-service professional
development activities intended to improve instruction for English
Learners (ELs) and assist education personnel working with ELs to meet
high professional standards.
Program Authority: 20 U.S.C. 6861.
Proposed Priorities
The Department proposes the following three priorities for this
program. We may use one or more of these priorities in any year in
which this program is in effect.
Background
``Raise the Bar (RTB): Lead the World'' is the Department's call to
action to transform prekindergarten through postsecondary learning and
unite around what truly works by promoting academic excellence, boldly
improving learning conditions, and preparing our Nation's students for
global competitiveness.\1\ A robust and sustainable educator workforce
available to educate and support all children and youth is essential to
this call to action. The priorities proposed in this document would
advance many of these goals. Specifically, we are proposing priorities
designed to help eliminate the educator shortage, increase services for
our students who are English learners, and expand pathways to
multilingualism for all students.
---------------------------------------------------------------------------
\1\ https://www.ed.gov/raisethebar/.
---------------------------------------------------------------------------
A growing body of evidence suggests that diverse classroom
settings, such as in bilingual and multilingual education, may be
positively associated with students' ability to empathize and relate to
others, have long-term career benefits, and result in a higher degree
of literacy.\2\ Learning another language from a young age is an asset
that prepares all students for an increasingly globalized economy.
Globally, adults who are bilingual and biliterate have more job
opportunities than monolingual adults.\3\ Fostering a culture of
language-learning for all students also communicates to linguistically
marginalized students that their heritage languages and home identities
are valuable and welcomed in school.\4\
---------------------------------------------------------------------------
\2\ Commission on Language Learning. America's Language (2017).
Investing in Language Education for the 21st Century. American
Academy of Arts and Sciences: Cambridge, Massachusetts.
\3\ Zelasko, N., & Antunez, B. (2000). If your child learns in
two languages. National Clearinghouse for Bilingual Education.
Retrieved from https://www.ncela.gwu.edu/files/uploads/9/IfYourChildLearnsInTwoLangs_English.pdf.
\4\ Analyzing the Curricularization of Language in Two-Way
Immersion Education: Restating Two Cautionary Notes (Vald[eacute]s,
2018).
---------------------------------------------------------------------------
While there is a rich and diverse population of both ELs and native
English speakers who would benefit from bilingual education, there is a
shortage of bilingual and multilingual teachers prepared to teach a
growing population of ELs and to make multilingualism a reality for
all. According to 2019-20 data reported by SEAs for the Title III State
Formula Grant Program, the number of K-12 students that were identified
as ELs increased 2.6 percent from the previous school year. Yet, the
number of certified EL instructors decreased by almost 43,000 educators
or 10.4 percent from the previous school year.\5\ Additionally, in a
joint publication by The Century Foundation and the Children's Equity
[[Page 63545]]
Project, the researchers noted, ``just one in eight American teachers
speaks a non-English language at home . . . [and of those] teachers who
are linguistically diverse, many are not trained or credentialed to
provide academic instruction in non-English languages.'' \6\
---------------------------------------------------------------------------
\5\ https://ncela.ed.gov/sites/default/files/2023-05/OELABiennialReportSYs2018-20b-508.pdf.
\6\ Williams, C.P., Meek, S., Marcus, M., Zabala, J. (2023).
Ensuring Equitable Access to Dual-Language Immersion Programs:
Supporting English Learners' Emerging Bilingualism. Retrieved from
https://tcf.org/content/report/ensuring-equitable-access-to-dual-language-immersion-programs-supporting-english-learners-emerging-bilingualism/.
---------------------------------------------------------------------------
The NPD program, as a pre-service and in-service professional
development program, is uniquely positioned to support the Department's
RTB goals by helping to ensure that ELs have access to well-prepared
educators and by growing our numbers of bilingual and multilingual
educators in order to expand the availability of bilingual programs.
The priorities proposed in this document focus on pre-service
programs and in-service professional development designed to expand the
numbers of bilingual or multilingual teachers and other staff,
including through grow-your-own (GYO) efforts. Initial research \7\
suggests that GYO efforts may be particularly effective in recruiting
educators who reflect the diversity of our students, in this case, ELs
who are a growing resource that can be encouraged and recruited to
pursue careers as bilingual and multilingual teachers. Many GYO
programs also extend support to paraprofessionals, high-quality
substitute teachers, and others in a community who are interested in
transitioning into roles as educators by supporting their training and
path to certification.
---------------------------------------------------------------------------
\7\ Strategies for Designing, Implementing, and Evaluating Grow-
Your-Own Teacher Programs for Educators (2017). REL Northwest.
Retrieved from https://ies.ed.gov/ncee/edlabs/regions/northwest/pdf/strategies-for-educators.pdf.
---------------------------------------------------------------------------
Additionally, we continue to emphasize and elevate supports for
students from low-income backgrounds by proposing a priority and a
corresponding definition that focuses on enrolling specific percentages
of teacher candidates who are from low-income backgrounds. Thirty-seven
percent of ELs are from disadvantaged family backgrounds who are living
in poverty, and schools that have higher concentrations of ELs tend to
be high-poverty schools.\8\ Students, particularly emerging bilingual
and multilingual students, from low-income backgrounds are a critical
part of addressing the need to provide culturally and linguistically
relevant teaching in high-need schools and to give all students the
opportunity to be taught by diverse educators. We are proposing a
definition using Pell eligibility as a proxy for determining whether
students are from low-income backgrounds given that Pell eligibility
takes into account variables such as family income and family size.
Further, we believe the data needed to demonstrate Pell eligibility is
easily accessible to IHEs and other potential applicants that partner
with IHEs who can obtain student aid information.
---------------------------------------------------------------------------
\8\ Quintero, D. & Hansen, M. (2021). As we tackle school
segregation, don't forget about English Learner students. The
Brookings Institution. Retrieved from https://www.brookings.edu/blog/brown-center-chalkboard/2021/01/14/as-we-tackle-school-segregation-dont-forget-about-english-learner-students/.
---------------------------------------------------------------------------
As the EL population continues to grow, and as our global economy
becomes more interconnected, it is increasingly important to focus
efforts on addressing the shortage of teachers and other staff licensed
and certified to work with ELs and to provide opportunities for all
students to benefit from bilingual or multilingual instruction.
Proposed Priority 1--Increase the Number of Bilingual or
Multilingual Teachers Through Pre-Service Programs.
Projects that propose to increase the number of licensed or
certified bilingual or multilingual teachers working in language
instruction educational programs or serving ELs, and improve their
qualifications and skills, through evidence-based pre-service programs.
Applicants must describe their plan for recruiting, supporting, and
retaining bilingual or multilingual teacher candidates, which must
include grow-your-own (GYO) efforts that are designed to address
shortages of bilingual or multilingual teachers and increase the
diversity of qualified individuals entering the educator workforce.
Applicants must include in their proposed plan one or more of the
following GYO strategies:
Supporting bilingual or multilingual paraprofessionals
actively working in P-12 schools in becoming teachers.
Creating pathway programs for middle and high school
students who are pursuing seals of biliteracy to become teachers.
Recruiting individuals who may have a teaching credential
but have not been teaching in bilingual or multilingual education
settings.
Offering registered apprenticeship programs for teachers
that establish, scale, and build on existing high-quality pathways into
bilingual or multilingual education settings.
Implementing other evidence-based GYO efforts for
bilingual or multilingual individuals.
Proposed Priority 2--Service to Low-Income Students.
Projects that propose to recruit, train, and retain in the pre-
service program classes of participants for which one or more of the
following conditions are met:
(a) At least 30 percent of the participants are low-income
students.
(b) At least 40 percent of the participants are low-income
students.
(c) At least 50 percent of the participants are low-income
students.
Proposed Priority 3--Improve In-Service Professional Development
Programs Targeting Bilingual or Multilingual Educational Personnel Who
Serve English Learners.
Projects that propose evidence-based in-service professional
development programs designed to expand the number, and improve the
qualifications and skills, of bilingual or multilingual educational
personnel working in language instruction educational programs or
serving ELs, including educational paraprofessionals and personnel who
are not certified or licensed.
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)).
[[Page 63546]]
Proposed Requirements
The Department proposes the following requirements for this
program. We may apply one or more of these requirements in any year in
which this program is in effect.
Proposed Application Requirements: An applicant must provide the
indicators it proposes to use to determine if a participant meets the
definition of ``bilingual or multilingual.'' Applicants may provide
this information in response to the selection criteria, or otherwise as
applicable in their applications.
Proposed Definitions
The Department proposes the following definitions for this program.
We may apply one or more of these definitions in any year in which this
program is in effect.
Bilingual or multilingual means able to listen, speak, read, and
write in two or more languages with at least a high level of
proficiency in each language, as determined based on indicators of
proficiency established by the grantee.
Low-income student means a student--
(a) Who is eligible to receive a Federal Pell Grant for the award
year for which the determination is made; or
(b) Who would otherwise be eligible to receive a Federal Pell Grant
for the award year for which the determination is made, except that the
student fails to meet the requirements of section 484(a)(5) of the
Higher Education Act, 20 U.S.C. 1091(a)(5), because the student is in
the United States for a temporary purpose.
Pre-service means the period of training for a person who does not
have a prior teaching certification or license and who is enrolled in a
teacher education program at an institution of higher education.
Final Priorities, Requirements, and Definitions
We will announce the final priorities, requirements, and
definitions in the Federal Register. We will determine the final
priorities, requirements, and definitions after considering responses
to the proposed priorities, requirements, and definitions and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements,
definitions, or selection criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use one or more of these priorities, requirements,
and definitions, we invite applications through a notice in the Federal
Register.
Executive Orders 12866, 13563, and 14094
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) must determine whether this regulatory action is ``significant''
and, therefore, subject to the requirements of the Executive order and
subject to review by OMB. Section 3(f) of Executive Order 12866, as
amended by Executive Order 14094, 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 Office of Information
and Regulatory Affairs (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;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlements grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise legal or policy issues for which centralized review would
meaningfully further the President's priorities, or the principles set
forth in this 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 amended by Executive Order 14094.
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 amended by Executive Order
14094. 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, and
definitions 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 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, and Tribal governments in the
exercise of their governmental functions.
In accordance with these 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.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand. The Secretary invites comments
on how to make these proposed priorities, requirements, and definitions
easier to
[[Page 63547]]
understand, including answers to questions such as the following:
Are the requirements in the proposed priorities,
requirements, and definitions clearly stated?
Do the proposed priorities, requirements, and definitions
contain technical terms or other wording that interferes with their
clarity?
Does the format of the proposed priorities, requirements,
and definitions (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity?
Would the proposed priorities, requirements, and
definitions be easier to understand if we divided them into more (but
shorter) sections?
Could the description of the proposed priorities,
requirements, and definitions in the SUPPLEMENTARY INFORMATION section
of this preamble be more helpful in making the proposed priorities,
requirements, and definitions easier to understand? If so, how?
What else could we do to make the proposed priorities,
requirements, and definitions easier to understand?
To send any comments that concern how the Department could make
these proposed priorities, requirements, and definitions easier to
understand, see the instructions in the ADDRESSES section.
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.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed priorities,
requirements, and definitions would not have a significant economic
impact on a substantial number of small entities. The U.S. Small
Business Administration Size Standards define proprietary institutions
as small businesses if they are independently owned and operated, are
not dominant in their field of operation, and have total annual revenue
below $7,000,000. Nonprofit institutions are defined as small entities
if they are independently owned and operated and not dominant in their
field of operation. Public institutions are defined as small
organizations if they are operated by a government overseeing a
population below 50,000.
The small entities that this proposed regulatory action would
affect are IHEs, or public or private entities with relevant experience
and capacity, in consortia with LEAs or SEAs applying for and receiving
funds under this program. The Secretary believes that the costs imposed
on applicants by the proposed priorities, requirements, and definitions
would be limited to paperwork burden related to preparing an
application and that the benefits would outweigh any costs incurred by
applicants.
Participation in this program is voluntary. For this reason, the
proposed priorities, requirements, and definitions would impose no
burden on small entities in general. Eligible applicants would
determine whether to apply for funds and have the opportunity to weigh
the requirements for preparing applications, and any associated costs,
against the likelihood of receiving funding and the requirements for
implementing projects under the program. Eligible applicants most
likely would apply only if they determine that the likely benefits
exceed the costs of preparing an application. The likely benefits
include the potential receipt of a grant as well as other benefits that
may accrue to an entity through its development of an application, such
as the use of that application to seek funding from other sources to
address a shortage in bilingual or multilingual teachers working in a
language instruction education program or serving ELs.
Paperwork Reduction Act of 1995
These proposed priorities, requirements, and definitions do not
contain any information collection requirements.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Adobe 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.
Montserrat Garibay,
Assistant Deputy Secretary and Director for the Office of English
Language Acquisition.
[FR Doc. 2023-20011 Filed 9-14-23; 8:45 am]
BILLING CODE 4000-01-P