[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28812-28818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11497]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Native Hawaiian Education Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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[[Page 28813]]
SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for fiscal year (FY) 2021 for the Native Hawaiian
Education (NHE) program, Assistance Listing Number 84.362A. This is the
first grant competition for this program under section 11006(2) of the
American Rescue Plan (ARP) Act of 2021. This notice relates to the
approved information collection under OMB control number 1894-0006.
DATES:
Applications Available: May 28, 2021.
Deadline for Transmittal of Applications: July 2, 2021.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on February 13, 2019 (84 FR 3768), and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
FOR FURTHER INFORMATION CONTACT: Joanne Osborne, U.S. Department of
Education, 400 Maryland Avenue SW, room 3E306, Washington, DC 20202.
Telephone: (202) 401-1265. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purpose of the NHE program is to support
innovative projects that recognize and address the unique educational
needs of Native Hawaiians. The ARP Act provides an additional $85
million to support Native Hawaiians and Native Hawaiian communities
that have been significantly impacted by the novel coronavirus disease
(COVID-19) pandemic by funding innovative projects that are distinct
from the projects previously funded under the NHE program. These
projects must include one or more of the activities authorized under
section 6205(a)(3) of the Elementary and Secondary Education Act of
1965, as amended (ESEA). New grantees may propose projects that address
current needs in the Native Hawaiian community in connection with the
COVID-19 pandemic. Existing grantees may propose either new projects to
address newly identified needs in response to COVID-19 or projects that
build on and leverage current NHE-funded activities to address the
additional impacts of COVID-19.
Although there are many types of activities authorized under
section 6205(a)(3) of the ESEA, NHE ARP program funding may not be used
for the acquisition of real property or construction under 34 CFR
75.533. However, this general prohibition on construction and
acquisition of real property does not extend to activities that meet
the definition of ``minor remodeling'' under 34 CFR 77.1. For more
information, see the Funding Restrictions section of this notice.
Background: The NHE program traditionally serves the unique
educational needs of Native Hawaiians and recognizes the roles of
Native Hawaiian languages and cultures in the educational success and
long-term well-being of Native Hawaiian students. The program supports
effective supplemental education programs that maximize participation
of Native Hawaiian educators and leaders in the planning, development,
implementation, management, and evaluation of programs designed to
serve Native Hawaiians. Funding is provided in the ARP Act for awards
to NHE-eligible entities for the NHE activities authorized under
section 6205(a)(3) of the ESEA with the purpose of supporting
educational opportunities for Native Hawaiians who, and Native Hawaiian
communities that, have been significantly impacted by the COVID-19
pandemic.
In order to target projects that will leverage the additional NHE
ARP funding, the Department is establishing two distinct priorities.
Applicants must address one of the two absolute priorities. Applicants
have the option, under Absolute Priority 1, to propose to fund
activities authorized under section 6205(a)(3) of the ESEA. The
Department will award multiple grants under Absolute Priority 1. In
contrast, the Department will award only one grant under Absolute
Priority 2. Absolute Priority 2 solicits applications that adopt a
statewide approach to addressing the unique educational needs of Native
Hawaiians through a focus on the collection of data to inform research
on the educational status and needs of Native Hawaiian children and
adults. Absolute Priority 2 solicits applications for activities
currently allowed under section 6205(a)(3) of the ESEA but expands the
priority to focus on a statewide approach to the allowable activities.
Each absolute priority supports identified needs in the Native
Hawaiian community. Absolute Priority 1 allows for multiple local or
regional grants to be funded consistent with previous NHE grant
competitions. Through Absolute Priority 2, the Department intends to
expand statewide research and data collection activities to better
determine the educational status and needs of Native Hawaiian children
and adults.
Priorities: This notice contains two absolute priorities.
Consistent with 34 CFR 75.105(b)(2)(v), Absolute Priority 1 is from the
activities authorized by section 6205(a)(3) of the ESEA. We are
establishing Absolute Priority 2 for the FY 2021 grant competition and
any subsequent year in which we make awards from the list of unfunded
applications from this competition, in accordance with section
437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C.
1232(d)(1).
Each applicant must address only one absolute priority. In the FY
2021 NHE grant competition, Absolute Priorities 1-2 constitute their
own funding categories. The Secretary intends to award multiple grants
under Absolute Priority 1 and one grant under Absolute Priority 2,
provided that applications of sufficient quality are submitted. If an
entity is interested in proposing two separate projects (e.g., one that
addresses Absolute Priority 1 and another that addresses Absolute
Priority 2), it must submit a separate application for each project.
Absolute Priorities: For FY 2021 and any subsequent year in which
we make awards from the list of unfunded applications from this
competition, these priorities are absolute priorities. Under 34 CFR
75.105(c)(3), we consider only applications that address one of
Absolute Priority 1 or Absolute Priority 2. The absolute priority
addressed must be clearly noted in the Project Abstract section of the
application. Applications that address Absolute Priority 1 must clearly
identify which part or parts of the priority the project will address.
These priorities are:
Absolute Priority 1: Native Hawaiian Education Activities.
Projects that address one or more of the following authorized
activities pursuant to section 6205(a)(3) of the ESEA:
(a) The development and maintenance of a statewide Native Hawaiian
early education and care system to provide a continuum of services for
Native Hawaiian children from the prenatal period of the children
through age 5.
(b) The operation of family-based education centers that provide
such services as--
(i) Programs for Native Hawaiian parents and their infants from the
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prenatal period of the infants through age 3;
(ii) Preschool programs for Native Hawaiians; and
(iii) Research on, and development and assessment of, family-based,
early childhood, and preschool programs for Native Hawaiians.
(c) Activities that enhance beginning reading and literacy in
either the Hawaiian or the English language among Native Hawaiian
students in kindergarten through grade 3 and assistance in addressing
the distinct features of combined English and Hawaiian literacy for
Hawaiian speakers in grades 5 and 6.
(d) Activities to meet the special needs of Native Hawaiian
students with disabilities, including--
(i) The identification of such students and their needs;
(ii) The provision of support services to the families of such
students; and
(iii) Other activities consistent with the requirements of the
Individuals with Disabilities Education Act.
(e) Activities that address the special needs of Native Hawaiian
students who are gifted and talented, including--
(i) Educational, psychological, and developmental activities
designed to assist in the educational progress of those students; and
(ii) Activities that involve the parents of those students in a
manner designed to assist in the educational progress of such students.
(f) The development of academic and vocational curricula to address
the needs of Native Hawaiian children and adults, including curriculum
materials in the Hawaiian language and mathematics and science
curricula that incorporate Native Hawaiian tradition and culture.
(g) Professional development activities for educators, including--
(i) The development of programs to prepare prospective teachers to
address the unique needs of Native Hawaiian students within the context
of Native Hawaiian culture, language, and traditions;
(ii) In-service programs to improve the ability of teachers who
teach in schools with high concentrations of Native Hawaiian students
to meet the unique needs of such students; and
(iii) The recruitment and preparation of Native Hawaiians, and
other individuals who live in communities with a high concentration of
Native Hawaiians, to become teachers.
(h) The operation of community-based learning centers that address
the needs of Native Hawaiian students, parents, families, and
communities through the coordination of public and private programs and
services, including--
(i) Early childhood education programs;
(ii) Before, after, and summer school programs, expanded learning
time, or weekend academies;
(iii) Career and technical education programs; and
(iv) Programs that recognize and support the unique cultural and
educational needs of Native Hawaiian children, and incorporate
appropriately qualified Native Hawaiian elders and seniors.
(i) Activities, including program co-location, to enable Native
Hawaiians to enter and complete programs of postsecondary education,
including--
(i) Family literacy services; and
(ii) Counseling, guidance, and support services for students.
(j) Research and data collection activities to determine the
educational status and needs of Native Hawaiian children and adults.
(k) Other research and evaluation activities related to programs
carried out under title VI, part B of the ESEA.
(l) Other activities, consistent with the purposes of title VI,
part B of the ESEA, to meet the educational needs of Native Hawaiian
children and adults.
Absolute Priority 2: Research and Data Collection Activities.
Statewide projects that propose research and data collection
activities to determine the educational status and needs of Native
Hawaiian children and adults.
Definitions: The definitions below are from 34 CFR 77.1(c) and
sections 4310(2), 6207, and 8101 of the ESEA. These definitions apply
to the FY 2021 grant competition and any subsequent year in which we
make awards from the list of unfunded applications from this
competition.
Charter school means a public school that--
(a) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempt from significant State or
local rules that inhibit the flexible operation and management of
public schools, but not from any rules relating to the other
requirements of this definition;
(b) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
(c) Operates in pursuit of a specific set of educational objectives
determined by the school's developer and agreed to by the authorized
public chartering agency;
(d) Provides a program of elementary or secondary education, or
both;
(e) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution;
(f) Does not charge tuition;
(g) Complies with the Age Discrimination Act of 1975, title VI of
the Civil Rights Act of 1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred
to as the ``Family Educational Rights and Privacy Act of 1974''), and
part B of the Individuals with Disabilities Education Act;
(h) Is a school to which parents choose to send their children, and
that (1) admits students on the basis of a lottery, consistent with
section 4303(c)(3)(A) of the ESEA, if more students apply for admission
than can be accommodated; or (2) in the case of a school that has an
affiliated charter school (such as a school that is part of the same
network of schools), automatically enrolls students who are enrolled in
the immediate prior grade level of the affiliated charter school and,
for any additional student openings or student openings created through
regular attrition in student enrollment in the affiliated charter
school and the enrolling school, admits students on the basis of a
lottery as described in clause (i);
(i) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(j) Meets all applicable Federal, State, and local health and
safety requirements;
(k) Operates in accordance with State law;
(l) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(m) May serve students in early childhood education programs or
postsecondary students. (Section 4310(2) of the ESEA)
Demonstrates a rationale means a key project component included in
the project's logic model is informed by research or evaluation
findings that suggest the project component is likely
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to improve relevant outcomes. (34 CFR 77.1(c))
Logic model (also referred to as a theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes. (34 CFR 77.1(c))
Native Hawaiian means any individual who is--
(a) A citizen of the United States; and
(b) A descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now comprises the
State of Hawaii, as evidenced by--
(1) Genealogical records;
(2) Kupuna (elders) or Kamaaina (long-term community residents)
verification; or
(3) Certified birth records. (Section 6207(2) of the ESEA)
Native Hawaiian community-based organization means any organization
that is composed primarily of Native Hawaiians from a specific
community and that assists in the social, cultural, and educational
development of Native Hawaiians in that community. (Section 6207(3) of
the ESEA)
Native Hawaiian educational organization means a private nonprofit
organization that--
(a) Serves the interests of Native Hawaiians;
(b) Has Native Hawaiians in substantive and policymaking positions
within the organization;
(c) Incorporates Native Hawaiian perspective, values, language,
culture, and traditions into the core function of the organization;
(d) Has demonstrated expertise in the education of Native Hawaiian
youth; and
(e) Has demonstrated expertise in research and program development.
(Section 6207(4) of the ESEA)
Native Hawaiian language means the single Native American language
indigenous to the original inhabitants of the State of Hawaii. (Section
6207(5) of the ESEA)
Project component means an activity, strategy, intervention,
process, product, practice, or policy included in a project. Evidence
may pertain to an individual project component or to a combination of
project components (e.g., training teachers on instructional practices
for English learners and follow-on coaching for these teachers). (34
CFR 77.1(c))
Regular high school diploma (a) means the standard high school
diploma awarded to the preponderance of students in the State that is
fully aligned with State standards, or a higher diploma, except that a
regular high school diploma shall not be aligned to the alternate
academic achievement standards described in ESEA section 1111(b)(1)(E);
and (b) does not include a recognized equivalent of a diploma, such as
a general equivalency diploma, certificate of completion, certificate
of attendance, or similar lesser credential. (Section 8101(43) of the
ESEA)
Relevant outcome means the student outcome(s) or other outcome(s)
the key project component is designed to improve, consistent with the
specific goals of the program. (34 CFR 77.1(c))
Application Requirement: In order to ensure consistency across all
NHE programs, we are establishing the following application requirement
for the FY 2021 grant competition and any subsequent year in which we
make awards from the list of unfunded applications from this
competition, in accordance with section 437(d)(1) of GEPA, 20 U.S.C.
1232(d)(1): Each applicant for a grant under this program must submit
the application for comment to the local educational agency (LEA)
serving students who will participate in the program to be carried out
under the grant (i.e., Hawaii State Department of Education), and
include those comments, if any, with the application to the Secretary.
Program Requirement: In order to ensure consistency across all NHE
programs, we are establishing the following program requirement for the
FY 2021 grant competition and any subsequent year in which we make
awards from the list of unfunded applications from this competition, in
accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1):
No more than five percent of funds awarded for a grant under this
program may be used for administrative costs. This five-percent limit
does not include indirect costs.
Waiver of Proposed Rulemaking: Under the Administrative Procedure
Act (5 U.S.C. 553), the Department generally offers interested parties
the opportunity to comment on proposed priorities and requirements.
Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from
rulemaking requirements regulations governing the first grant
competition under a new or substantially revised program authority.
This is the first grant competition for this program under section
11006(2) of the ARP Act and therefore qualifies for this exemption. In
order to ensure timely grant awards, the Secretary has decided to forgo
public comment on Absolute Priority 2, the application requirement, and
the program requirement under section 437(d)(1) of GEPA. These
priorities and requirements will apply to the FY 2021 grant competition
and any subsequent year in which we make awards from the list of
unfunded applications from this competition.
Program Authority: Section 11006(2) of the ARP Act and section 6205
of the ESEA (20 U.S.C. 7515).
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $85,000,000 for three years.
Estimated Range of Awards:
(1) Absolute Priority 1: Authorized Native Hawaiian Education
Activities: $250,000--$950,000 for each 12-month budget period.
(2) Absolute Priority 2: Research and Data Collection Activities:
$1,000,000--$3,000,000 for each 12-month budget period.
Estimated Average Size of Awards:
(1) Absolute Priority 1: Authorized Native Hawaiian Education
Activities: $750,000 for each 12-month budget period.
(2) Absolute Priority 2: Research and Data Collection Activities:
$2,000,000 for each 12-month budget period.
Estimated Number of Awards: 36.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 36 months.
III. Eligibility Information
1. Eligible Applicants: The following entities are eligible to
apply under this competition:
(a) Native Hawaiian educational organizations.
(b) Native Hawaiian community-based organizations.
(c) Public and private nonprofit organizations, agencies, and
institutions with experience in developing or operating Native Hawaiian
programs or
[[Page 28816]]
programs of instruction in the Native Hawaiian language.
(d) Charter schools.
(e) Consortia of the organizations, agencies, and institutions
described in paragraphs (a) through (c).
Note: Although State educational agencies (SEAs) and LEAs are not
eligible entities, applicants are encouraged to partner and coordinate
with an SEA or LEA in proposing and implementing a project. In
addition, all applicants must meet the application requirement to
solicit comments on the proposed project from the LEA and submit those
comments, if any, with the application.
2. a. Cost Sharing or Matching: This program does not require cost
sharing or matching.
b. Indirect Cost Rate Information: This program uses an
unrestricted indirect cost rate. For more information regarding
indirect costs, or to obtain a negotiated indirect cost rate, please
see www2.ed.gov/about/offices/list/ocfo/intro.html.
c. Administrative Cost Limitation: No more than five percent of
funds awarded for a grant under this program may be used for
administrative costs. This five-percent limit does not include indirect
costs.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on February 13, 2019 (84 FR 3768), and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which
contain requirements and information on how to submit an application.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the NHE program, your
application may include business information that you consider
proprietary. In 34 CFR 5.11, we define ``business information'' and
describe the process we use in determining whether any of that
information is proprietary and, thus, protected from disclosure under
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as
amended).
Because we plan to make successful applications available to the
public, you may wish to request confidentiality of business
information.
Consistent with Executive Order 12600, please designate in your
application any information that you believe is exempt from disclosure
under Exemption 4. In the appropriate Appendix section of your
application, under ``Other Attachments Form,'' please list the page
number or numbers on which we can find this information. For additional
information please see 34 CFR 5.11(c).
3. Intergovernmental Review: This program is not subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
4. Funding Restrictions: As previously noted, NHE ARP program
funding may not be used for the acquisition of real property or
construction under 34 CFR 75.533. However, this general prohibition on
construction and acquisition of real property does not extend to
activities that meet the definition of ``minor remodeling'' under 34
CFR 77.1. Examples of permissible ``minor remodeling'' that ARP funds
may support include minor alterations in a previously completed
building, for purposes associated with the COVID-19 pandemic. The term
does not include permanent building construction, structural
alternations to buildings, building maintenance, or repairs. Some
examples of permissible minor remodeling, under most circumstances,
could include, but are not limited to the installation or renovation of
an HVAC system to help with air filtration to prevent the spread of
COVID-19, the purchase or lease of temporary trailer classroom units to
increase social distancing, and the purchase or costs of the
installation of ``room dividers'' within a previously completed
building to increase social distancing.
We reference regulations outlining additional funding restrictions
in the Applicable Regulations and Administrative Cost Limitation
sections of this notice.
5. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than 30 pages and (2) use the
following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
The recommended page limit does not apply to the cover sheet; the
budget section, including the narrative budget justification; the
assurances and certifications; or the one-page abstract, the resumes,
the bibliography, or the letters of support. However, the recommended
page limit does apply to all of the application narrative.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 75.210. The maximum score for all of the selection
criteria is 100 points. The maximum score for each criterion is
included in parentheses following the title of the specific selection
criterion. Each criterion also includes the factors that reviewers will
consider in determining the extent to which an applicant meets the
criterion.
The selection criteria are as follows:
(a) Need for project (up to 10 points).
(1) The Secretary considers the need for the proposed project.
(2) In determining the need for the proposed project, the Secretary
considers the extent to which specific gaps or weaknesses in services,
infrastructure, or opportunities have been identified and will be
addressed by the proposed project, including the nature and magnitude
of those gaps or weaknesses.
(b) Quality of the project design (up to 30 points).
(1) The Secretary considers the quality of the design of the
proposed project.
(2) In determining the quality of the design of the proposed
project, the Secretary considers the extent to which the proposed
project demonstrates a rationale (as defined in this notice).
(c) Quality of project personnel (up to 10 points).
(1) The Secretary considers the quality of the personnel who will
carry out the proposed project.
(2) In determining the quality of project personnel, the Secretary
considers the extent to which the applicant encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented based on race, color, national origin,
gender, age, or disability (up to 5 points).
(3) In addition, the Secretary considers the qualifications,
including
[[Page 28817]]
relevant training and experience, of key project personnel (up to 5
points).
(d) Quality of the management plan (up to 30 points).
(1) The Secretary considers the quality of the management plan for
the proposed project.
(2) In determining the quality of the management plan for the
proposed project, the Secretary considers the adequacy of the
management plan to achieve the objectives of the proposed project on
time and within budget, including clearly defined responsibilities,
timelines, and milestones for accomplishing project tasks.
(e) Quality of the project evaluation (up to 20 points).
(1) The Secretary considers the quality of the evaluation to be
conducted of the proposed project.
(2) In determining the quality of the evaluation, the Secretary
considers the following factors:
(i) The extent to which the methods of evaluation will provide
valid and reliable performance data on relevant outcomes (up to 10
points).
(ii) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and will produce quantitative and
qualitative data to the extent possible (up to 10 points).
Note: The project evaluation selection criterion relates to
performance measure (1) under the Performance Measures section of this
notice.
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2), we must make a judgment about
your integrity, business ethics, and record of performance under
Federal awards--that is, the risk posed by you as an applicant--before
we make an award. In doing so, we must consider any information about
you that is in the integrity and performance system (currently referred
to as the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
5. In General. In accordance with the Office of Management and
Budget's guidance located at 2 CFR part 200, all applicable Federal
laws, and relevant Executive guidance, the Department will review and
consider applications for funding pursuant to this notice inviting
applications in accordance with--
(a) Selecting recipients most likely to be successful in delivering
results based on the program objectives through an objective process of
evaluating Federal award applications (2 CFR 200.205);
(b) Prohibiting the purchase of certain telecommunication and video
surveillance services or equipment in alignment with section 889 of the
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR
200.216);
(c) Providing a preference, to the extent permitted by law, to
maximize use of goods, products, and materials produced in the United
States (2 CFR 200.322); and
(d) Terminating agreements in whole or in part to the greatest
extent authorized by law if an award no longer effectuates the program
goals or agency priorities (2 CFR 200.340).
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
[[Page 28818]]
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
5. Performance Measures: For the purposes of the Government
Performance and Results Act of 1993 and for Department reporting under
34 CFR 75.110, we have established four performance measures for the
NHE program: (1) The number of grantees that attain or exceed the
targets for the outcome indicators for their projects that have been
approved by the Secretary; (2) the percentage of Native Hawaiian
children participating in early education programs who consistently
demonstrate school readiness in literacy as measured by the Hawaii
School Readiness Assessment (HSRA); (3) the percentage of students in
schools served by the program who graduate from high school with a
regular high school diploma (as defined in this notice) in four years;
and (4) the percentage of students participating in a Native Hawaiian
language (as defined in this notice) program that is conducted under
the NHE program who meet or exceed proficiency standards in reading on
a test of the Native Hawaiian language.
6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things: Whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, the
performance targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the
Authority to Perform the Functions and Duties of the Assistant
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2021-11497 Filed 5-27-21; 8:45 am]
BILLING CODE 4000-01-P