[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33763-33769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12016]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Applications for New Awards; Indian Education Discretionary
Grants Programs--Native American Language Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Education is issuing a notice inviting
applications for fiscal year (FY) 2022 for Indian Education
Discretionary Grants Programs--Native American Language (NAL@ED)
program, Assistance Listing Number (ALN) 84.415B. This notice relates
to the approved information collection under OMB control number 1810-
0731.
DATES: Applications available: June 3, 2022.
Deadline for notice of intent to apply: July 5, 2022.
Date of pre-application meeting: June 21, 2022.
Deadline for transmittal of applications: August 2, 2022.
Deadline for intergovernmental review: October 3, 2022.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on December 27, 2021 (86 FR 73264) and available at
www.federalregister.gov/d/2021-27979. Please note that these Common
Instructions supersede the version published on February 13, 2019, and,
in part, describe the transition from the requirement to register in
SAM.gov a Data Universal Numbering System (DUNS) number to the
implementation of the Unique Entity Identifier (UEI). More information
on the phase-out of DUNS numbers is available at www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
FOR FURTHER INFORMATION CONTACT: Angela Hernandez, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3W234, Washington, DC 20202-
6335. Telephone: (202) 205-1909. 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 purposes of this program are to (1) support
schools that use Native American and Alaska Native languages as the
primary language of instruction; (2) maintain, protect, and promote the
rights and freedom of Native Americans and Alaska Natives to use,
practice, maintain, and revitalize their languages, as envisioned in
the Native American Languages Act of 1990 (25 U.S.C. 2901, et seq.);
and (3) support the Nation's First Peoples' efforts to maintain and
revitalize their languages and cultures, and to improve educational
opportunities and student outcomes within Native American and Alaska
Native communities.
Background: The Department encourages applicants to propose a broad
range of activities to achieve these purposes, including activities
that are aligned with the Administration's policy focus areas and with
the needs described by Tribal leaders and the education field during
the March 17, 2022 Department-sponsored listening session, ``Advancing
the Interagency Memorandum of Agreement on Native Languages: Promising
Practices and Persistent Barriers.'' Specifically, we encourage
promoting education equity and adequacy in resources and opportunity
for underserved students, including rigorous, engaging, and well-
rounded approaches to learning that are inclusive regarding culture and
language and prepare students for
[[Page 33764]]
college, career, and civic life. Activities that support Native
American or Alaska Native language education and development include
implementing inclusive pedagogical practices in professional
development programs; using technology to support evidence-based
approaches to personalized student learning in the classroom; and
increasing the number and diversity of experienced and effective
educators, including those from the community that they serve.
In addition, the Department intends for the NAL@ED program to have
a broad impact. The Department plans to accomplish this in three ways.
First, the Department will fund only one high-quality project per
Native language under this competition, provided there are enough high-
quality applications. This is consistent with both the statutory
requirement that the Department ensure a diversity of languages are
represented to the maximum extent feasible, and the congressional
emphasis in the Explanatory Statement accompanying the Department of
Education Appropriations Act, 2022, on supporting language diversity.
Second, in addition to soliciting applications from existing Native
language instructional programs (Absolute Priority 2), the Department
is soliciting applications supporting new Native language instructional
programs via Absolute Priority 1. Third, the Department will not
exclusively fund applicants from a single State, provided there is a
sufficient number of high-quality applications (Program Requirement 3).
This is consistent with the congressional emphasis in the Explanatory
Statement accompanying the Department of Education Appropriations Act,
2022 on the importance of geographical diversity in grantees under this
program. Together, these approaches will help ensure the program has a
broad impact by funding projects supporting a variety of Native
languages.
Priorities: This competition includes two absolute priorities and
two competitive preference priorities. These priorities are from the
notice of final priorities, requirements, definitions, and selection
criteria for this program published in the Federal Register on July 14,
2020 (85 FR 42305) (NFP).
Absolute Priorities: For FY 2022 and any subsequent year in which
we make awards from the list of unfunded applications from this
competition, these priorities are absolute priorities. Under 34 CFR
75.105(c)(3), we consider only applications that meet either Absolute
Priority 1 or 2.
Note: The Department may create two funding slates--one for
applications that meet Absolute Priority 1 and a separate slate for
applications that meet Absolute Priority 2. As a result, the Secretary
may fund applications out of the overall rank order, but the Department
is not bound to do so. Applicants must clearly identify the specific
absolute priority that the proposed project addresses in the project
abstract section of the application.
These priorities are:
Absolute Priority 1: Develop and Maintain New Native American
Language Programs.
To meet this priority, an applicant must propose to develop and
maintain a Native American language instructional program that--
(a) Will support Native American language education and development
for Native American students, as well as provide professional
development for teachers and, as appropriate, staff and administrators,
to strengthen the overall language and academic goals of the school or
schools that will be served by the project;
(b) Will take place in a school; and
(c) Does not augment or replace a program of identical scope that
was active within the last three years at the school(s) to be served.
Absolute Priority 2: Expand and Improve Existing Native American
Language Programs.
To meet this priority, an applicant must propose to improve and
expand a Native American language instructional program that--
(a) Will improve and expand Native American language education and
development for Native American students, as well as provide
professional development for teachers and, as appropriate, staff and
administrators, to strengthen the overall language and academic goals
of the school or schools that will be served by the project;
(b) Will continue to take place in a school; and
(c) Within the past three years has been offered at the school(s)
to be served.
Competitive Preference Priorities: For FY 2022 and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, these priorities are competitive preference
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 7
points to an application, depending on how well an application meets
Competitive Preference Priority 1, and we award an additional 5 points
to an application that meets Competitive Preference Priority 2. The
maximum number of competitive preference priority points is 12.
These priorities are:
Competitive Preference Priority 1: Support Project Sustainability
With Title VI Indian Education Formula Grant Funds. (up to 7 points)
To meet this priority, an applicant or a partner must receive, or
be eligible to receive, a formula grant under title VI of the
Elementary and Secondary Education Act of 1965, as amended (ESEA), and
must commit to use all or part of that formula grant to help sustain
this project after the conclusion of the grant period. To meet this
priority, an applicant must include in its application--
(a) A statement that indicates the school year in which the entity
will begin using title VI formula grant funds to help support this
project;
(b) The percentage of the title VI grant that will be used for the
project, which must be at least--
(i) 20 percent of the applicant's title VI formula grant (3
points);
(ii) 40 percent of the applicant's title VI formula grant (4
points);
(iii) 60 percent of the applicant's title VI formula grant (5
points);
(iv) 80 percent of the applicant's title VI formula grant (6
points); or
(v) 100 percent of the applicant's title VI formula grant (7
points); and
(c) The timeline for obtaining parent committee input and approval
of this action, if necessary.
Competitive Preference Priority 2: Preference for Indian
Applicants. (0 or 5 points)
To meet this priority, an application must be submitted by an
Indian Tribe, Indian organization, Bureau of Indian Education (BIE)-
funded school, or Tribal College or University (TCU) that is eligible
to participate in the NAL@ED program. A consortium of eligible entities
that meets the requirements of 34 CFR 75.127 through 75.129 and
includes an Indian Tribe, Indian organization, BIE-funded school, or
TCU will also be considered eligible to meet this priority. In order to
be considered a consortium application, the application must include
the consortium agreement signed by all parties.
Note: The consortium agreement must state that the members
designate one member of the group to apply for the grant, detail the
activities that each member of the group plans to perform, and bind
each member of the group to every statement and assurance made by the
applicant in the application (34 CFR 75.128(a) and (b)).
Application Requirements: These application requirements are from
[[Page 33765]]
section 6133(c) of the ESEA (20 U.S.C. 7453) and from the NFP. For FY
2022 and any subsequent year in which we make awards from the list of
unfunded applications from this competition, applicants must meet the
following application requirements.
(1) General Requirements. An applicant must include the following
information in its application--
(a) A completed information form that includes:
(i) Instructional language. The name of the Native American or
Alaska Native language to be used for instruction at the school(s)
supported by the eligible entity.
(ii) Students to be served. The number of students to be served by
the project and the grade level(s) of targeted students in the proposed
project.
(iii) Instructional hours. The number of hours of instruction per
week in and through one or more Native American or Alaska Native
languages currently being provided to targeted students at such
school(s), if any.
(iv) Pre- and post-assessments. Whether a pre- and post-assessment
of Native American language proficiency is available and, if not, the
percentage of grant funds that will be used for developing such
assessment.
(v) Program description. A description of how the eligible entity
will support Native American language education and development, and
provide professional development for staff, in order to strengthen the
overall language and academic goals of the school(s) that will be
served by the project; ensure the implementation of rigorous academic
content that prepares all students for college and career; and ensure
that students progress toward meeting high-level fluency goals in the
Native American language.
(vi) Organizational information. For each school included in the
project, information regarding the school's organizational governance
or affiliations, specifically information about the school's governing
entity (such as a local educational agency (LEA), Tribal educational
agency or department, charter organization, private organization, or
other governing entity); the school's accreditation status; any
partnerships with institutions of higher education (IHEs); and any
indigenous language schooling and research cooperatives.
(b) An assurance that for each school to be included in the
project--
(i) The school is engaged in meeting State or Tribally designated
long-term goals for students, as may be required by applicable Federal,
State, or Tribal law;
(ii) The school provides assessments of students using the Native
American or Alaska Native language of instruction, where possible;
(iii) The qualifications of all instructional and leadership
personnel at such school are sufficient to deliver high-quality
education through the Native American or Alaska Native language used in
the school; and
(iv) The school will collect and report to the public data relative
to student achievement and, if appropriate, rates of high school
graduation, career readiness, and enrollment in postsecondary education
or workforce development programs, of students who are enrolled in the
school's programs.
(2) Memorandum of Agreement. Any applicant that proposes to work
with a partner to carry out the proposed project must include a signed
and dated memorandum of agreement that describes the roles and
responsibilities of each partner to participate in the grant,
including--
(i) A description of how each partner will implement the project
according to the timelines described in the grant application;
(ii) The roles and responsibilities of each partner related to
ensuring the data necessary to report on the Government Performance and
Results Act (GPRA) indicators; \1\ and
---------------------------------------------------------------------------
\1\ The Department notes that such reporting will be required in
connection with the performance measurement requirements under 34
CFR 75.110, rather than indicators under GPRA. For further
information, see section 4 (Performance Measures) under VI. Award
Administration Information.
---------------------------------------------------------------------------
(iii) The roles and responsibilities of each partner related to
ensuring that Native American language instructors can be recruited,
retained, and trained, as appropriate, in a timely manner.
This memorandum of agreement must be signed no more than four
months prior to the application deadline (i.e., the agreement must be
signed within the four months prior to the application deadline).
(3) Applicant Engagement with Indian Tribes and Tribal
Organizations. All non-Tribal applicants must engage with appropriate
officials from Tribe(s) located in the area served by the project, or
with a local Tribal organization, prior to submission of an
application. The engagement must provide for the opportunity for
officials from Tribes or Tribal organizations to meaningfully and
substantively contribute to the application. Non-Tribal applicants must
submit evidence of either Tribal engagement or a letter of support from
one or more Tribes or Tribal organizations. This evidence can be part
of the memorandum of agreement required by Application Requirement 2 or
can be uploaded as a separate attachment.
Note: If an applicant is an affected LEA that is subject to ESEA
section 8538, then the LEA is required to consult with appropriate
officials from Tribe(s) or Tribal organizations approved by the Tribes
located in the area served by the LEA prior to its submission of an
application, on the contents of the application as required under ESEA
section 8538. Affected LEAs are those that have 50 percent or more of
their student enrollment made up of Native American students or
received an Indian education formula grant under title VI of the ESEA
in the previous fiscal year that exceeds $40,000. (ESEA sec. 8538)
(4) Certification. An applicant that is an LEA (including a public
charter school that is an LEA under State law), a school operated by
the BIE, or a nontribal for-profit or nonprofit organization must
submit a certification from an entity described in application
requirement (4)(a), containing the assurances described in application
requirement (4)(b).
(a) The certification must be from one of the following entities,
on whose land the school or program is located, or that is an entity
served by the school, or whose members (as defined by that entity) are
served by the school:
(i) A federally recognized Indian Tribe or Tribal organization.
(ii) A TCU.
(iii) An Alaska Native Regional Corporation or an Alaska Native
nonprofit organization.
(iv) A Native Hawaiian organization.
(b) The certification must state that--
(i) The school or applicant organization has the capacity to
provide education primarily through a Native American or an Alaska
Native language; and
(ii) There are sufficient speakers of the target language at the
school or available to be hired by the school or applicant
organization.
Program Requirements: For FY 2022 and any subsequent year in which
we make awards from the list of unfunded applications from this
competition, grantees must adhere to the following program
requirements:
(1) Native American Language Proficiency Assessment. Grantees must
administer pre- and post-assessments of Native American language
proficiency to participating students. This Native American language
assessment may be any relevant tool that measures student Native
American language proficiency, such as oral, written, or project-based
[[Page 33766]]
assessments, and formative or summative assessments.
(2) Diversity of Languages. To ensure a diversity of languages as
required by statute, the Department will not fund more than one project
in any competition year that proposes to use the same Native American
language, assuming there are enough high-quality applications. In the
event of a lack of high-quality applications in one competition year,
the Department may choose to fund more than one project with the same
Native American language.
(3) Geographic Distribution. To ensure geographic diversity,
assuming there are enough high-quality applications, the Department
will not exclusively fund projects that all propose to serve students
in the same State in any competition year. In the event of a lack of
high-quality applications in one competition year, the Department may
choose to fund only applications that propose to provide services in
one State.
(4) ISDEAA Statutory Hiring Preference:
(a) Awards that are primarily for the benefit of Indians are
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638). That
section requires that, to the greatest extent feasible, a grantee--
(1) Give to Indians preferences and opportunities for training and
employment in connection with the administration of the grant; and
(2) Give to Indian organizations and to Indian-owned economic
enterprises, as defined in section 3 of the Indian Financing Act of
1974 (25 U.S.C. 1452(e)), preference in the award of contracts in
connection with the administration of the grant.
(b) For purposes of this section, an Indian is a member of any
federally recognized Indian Tribe.
Definitions: The definitions of ``Indian organization (or Tribal
organization)'' and ``Tribe'' are from the NFP. The definitions of
``Native American,'' ``Native American language,'' and ``Tribal college
or university'' are from the ESEA.
Indian organization (or Tribal organization) means an organization
that--
(1) Is legally established--
(i) By Tribal or inter-Tribal charter or in accordance with State
or Tribal law; and
(ii) With appropriate constitution, bylaws, or articles of
incorporation;
(2) Includes in its purposes the promotion of the education of
Indians;
(3) Is controlled by a governing board, the majority of which is
Indian;
(4) If located on an Indian reservation, operates with the sanction
of or by charter from the governing body of that reservation;
(5) Is neither an organization or subdivision of, nor under the
direct control of, any IHE or TCU; and
(6) Is not an agency of State or local government.
Native American means:
(1) ``Indian'' as defined in section 6151(3) of the ESEA (20 U.S.C.
7491(3)), which includes individuals who are Alaska Natives and members
of federally recognized or State recognized Tribes;
(2) Native Hawaiian; or
(3) Native American Pacific Islander. (ESEA secs. 6151(3) and
8101(34))
Native American language means the historical, traditional
languages spoken by Native Americans. (ESEA sec. 8101(34))
Tribal college or university means an institution that--
(1) Qualifies for funding under the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C. 1801, et seq.) or
the Navajo Community College Act (25 U.S.C. 640a note); or
(2) Is cited in section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note). (ESEA sec. 6133 and section 316
of the Higher Education Act of 1965, as amended)
Tribe means either a federally recognized Tribe or a State-
recognized Tribe.
Program Authority: 20 U.S.C. 7453.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The NFP.
Note: The open licensing requirement in 2 CFR 3474.20 does not
apply to this program.
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian Tribes.
Note: The regulations in 34 CFR part 86 apply to IHEs only.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $1,054,537.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in FY 2023 and subsequent
years from the list of unfunded applications from this competition.
Estimated Range of Awards: $300,000-$400,000.
Estimated Average Size of Awards: $350,000.
Estimated Number of Awards: 3.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: The following entities, either alone or in
a consortium, that have a plan to develop and maintain, or to improve
and expand, programs that support the entity's use of a Native American
or Alaska Native language as the primary language of instruction in one
or more elementary or secondary schools (or both) are eligible under
this program:
(a) An Indian Tribe.
(b) A Tribal College or University (TCU).
(c) A Tribal education agency.
(d) An LEA, including a public charter school that is an LEA under
State law.
(e) A school operated by the Bureau of Indian Education (BIE).
(f) An Alaska Native Regional Corporation (as described in section
3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))).
(g) A private, Tribal, or Alaska Native nonprofit organization.
(h) A non-Tribal for-profit organization.
2.a. Cost Sharing or Matching: This competition 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: Under ESEA section 6133(g), no
more than five percent of funds awarded for a grant under this program
may be used for administrative purposes, and for grants made using FY
2022 funds this administrative cost cap applies only to direct
administrative costs, not indirect costs.
3. Other: Projects funded under this competition should budget for
a 2-day Project Directors' meeting in Washington, DC, during each year
of the project period.
[[Page 33767]]
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on December 27, 2021 (86 FR 73264) and available at
www.federalregister.gov/d/2021-27979, which contain requirements and
information on how to submit an application. Please note that these
Common Instructions supersede the version published on February 13,
2019, and, in part, describe the transition from the requirement to
register in SAM.gov a DUNS number to the implementation of the UEI.
More information on the phase-out of DUNS numbers is available at
www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for this competition,
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 by posting them on our website, 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 competition is subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
Information about Intergovernmental Review of Federal Programs under
Executive Order 12372 is in the application package for this
competition.
4. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than 30 pages and (2) use the
following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
The recommended page limit does not apply to the cover sheet; the
budget section, including the narrative budget justification; the
assurances and certifications; or the one-page abstract, the resumes,
the bibliography, the letter(s) of support, or the signed consortium
agreement. However, the recommended page limit does apply to all of the
application narrative. An application will not be disqualified if it
exceeds the recommended page limit.
5. Notice of Intent To Apply: The Department will be able to review
grant applications more efficiently if we know the approximate number
of applicants that intend to apply. Therefore, we strongly encourage
each potential applicant to notify us of their intent to submit an
application. To do so, please email the program contact person listed
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent To
Apply,'' and include the applicant's name and a contact person's name
and email address. Applicants that do not submit a notice of intent to
apply may still apply for funding; applicants that do submit a notice
of intent to apply are not bound to apply or bound by the information
provided.
V. Application Review Information
1. Selection Criteria. The selection criteria are from the NFP and
34 CFR 75.210. The source of each selection criterion, and the maximum
possible score for addressing each criterion and subcriterion, is
included in parentheses. The maximum possible score for addressing all
of the criteria in this section is 100 points.
In evaluating an application, the Secretary considers the following
criteria:
(a) Quality of the project design (32 points).
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(1) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable.
(9 points) (34 CFR 75.210(c)(2)(i))
(2) The extent to which the project design will ensure that
students' progress toward grade-level and developmentally appropriate
fluency in the Native American language. (6 points) (NFP)
(3) The extent to which the proposed project will incorporate
parent engagement and participation in Native American language
instruction. (6 points) (NFP)
(4) The quality of the approach to developing and administering
pre- and post-assessments of student Native American language
proficiency, including consultation with individuals with assessment
expertise, as needed. (6 points) (NFP)
(5) The extent to which the performance feedback and continuous
improvement are integral to the design of the proposed project. (5
points) (34 CFR 75.210 (c)(2)(xxi)
(b) Quality of project services (29 points). The Secretary
considers the quality of the services to be provided by the proposed
project. In determining the quality of the services to be provided by
the proposed project, the Secretary considers the following factors:
(1) The quality and sufficiency of strategies for ensuring equal
access and treatment for eligible project participants who are members
of groups that have traditionally been underrepresented based on race,
color, national origin, gender, age, or disability. (1 point) (34 CFR
75.210(d)(2))
(2) The quality of the plan for supporting grade-level and
developmentally appropriate instruction in a Native American language
by providing instruction of or through the Native American language.
(11 points) (NFP)
(3) The extent to which the project will provide professional
development for teachers and, as appropriate, staff and administrators
to strengthen the overall language proficiency and academic goals of
the school(s) that will be served by the project, including cultural
competence training for all staff in the school(s). (10 points) (NFP)
(4) The extent to which the services to be provided by the proposed
project involve the collaboration of appropriate partners for
maximizing the effectiveness of project services. (4 points) (34 CFR
75.210(d)(3)(ix))
[[Page 33768]]
(5) The extent to which the percentage of the school day that
instruction will be provided in the Native American language is
ambitious and is reasonable for the grade level and population served.
(3 points) (NFP)
(c) Quality of project personnel (16 points).
The Secretary considers the quality of the personnel who will carry
out the proposed project. In determining the quality of project
personnel, the Secretary considers:
(1) The extent to which the applicant encourages applications for
employment from persons who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability. (1 point) (NFP)
(2) The extent to which teachers of the Native American language
who are identified as staff for this project have teaching experience
and are fluent in the Native American language. (9 points) (NFP)
(3) The qualifications, including relevant training and experience,
of key project personnel. (6 points) (34 CFR 75.210(e)(3)(ii))
(d) Adequacy of resources (10 points).
The Secretary considers the adequacy of resources for the proposed
project. In determining the adequacy of resources for the proposed
project, the Secretary considers:
(1) The extent to which the costs are reasonable in relation to the
objectives, design, and potential significance of the proposed project.
(6 points) (34 CFR 75.210(f)(2)(iv))
(2) The potential for continued support of the project after
Federal funding ends, including, as appropriate, the demonstrated
commitment of appropriate entities to such support. (4 points) (34 CFR
75.210(f)(2)(vi))
(e) Quality of the management plan (13 points). The Secretary
considers the quality of the management plan for the proposed project.
In determining the quality of the management plan for the proposed
project, the Secretary considers:
(1) 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. (8 points) (34 CFR 75.210(g)(2)(i))
(2) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed
project. (5 points) (34 CFR 75.210(g)(2)(iv))
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
program, the Department conducts a review of the risks posed by
applicants. Under 2 CFR 200.208, the Secretary may impose specific
conditions and, under 2 CFR 3474.10, in appropriate circumstances,
high-risk conditions on a grant if the applicant or grantee is not
financially stable; has a history of unsatisfactory performance; has a
financial or other management system that does not meet the standards
in 2 CFR part 200, subpart D; has not fulfilled the conditions of a
prior grant; or is otherwise not responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management (SAM).
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 will 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. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the
[[Page 33769]]
necessary processes and systems to comply with the reporting
requirements in 2 CFR part 170 should you receive funding under the
competition. This does not apply if you have an exception under 2 CFR
170.110(b).
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
4. Performance Measures: For the purpose of Department reporting
under 34 CFR 75.110, we have established the following performance
measures for the NAL@ED program:
(a) The number and percentage of students who attain proficiency in
a Native language as determined by each grantee through pre- and post-
assessments of Native language proficiency;
(b) The number and percentage of participating students who make
progress in learning a Native language, as determined by each grantee,
through pre- and post-assessments of Native language proficiency;
(c) The number and percentage of participating students who show an
improvement in academic outcomes, as measured by academic assessments
or other indicators; and
(d) The difference between the average daily attendance of
participating students and the average daily attendance of all students
in the comparison group (e.g., school, LEA, Tribe, or other).
These measures constitute the Department's indicators of success
for this program. Consequently, we advise an applicant for a grant
under this program to carefully consider these measures in
conceptualizing the approach to, and evaluation for, its proposed
project. Each grantee will be required to provide, in its annual
performance and final reports, data about its progress in meeting these
measures.
5. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things: Whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, whether
the grantee has made substantial progress in achieving the performance
targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Ruth E. Ryder,
Deputy Assistant Secretary for Policy and Programs Office of Elementary
and Secondary Education.
[FR Doc. 2022-12016 Filed 6-2-22; 8:45 am]
BILLING CODE 4000-01-P