Rule2021-14712
Final Priority and Definition-Teacher and School Leader Incentive (TSL) Program
Primary source
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Published
July 9, 2021
Effective
August 9, 2021
Issuing agencies
Education Department
Abstract
The Department announces one priority and one definition under the Teacher and School Leader Incentive Program (TSL), Assistance Listing Number 84.374A. The Department may use this priority and definition for competitions in fiscal year (FY) 2021 and later years. We take this action to make program improvements based on lessons learned over the last decade and to improve program outcomes.
Full Text
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<title>Federal Register, Volume 86 Issue 129 (Friday, July 9, 2021)</title>
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[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Pages 36220-36222]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14712]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2020-OESE-0199]
Final Priority and Definition--Teacher and School Leader
Incentive (TSL) Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final priority and definition.
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SUMMARY: The Department announces one priority and one definition under
the Teacher and School Leader Incentive Program (TSL), Assistance
Listing Number 84.374A. The Department may use this priority and
definition for competitions in fiscal year (FY) 2021 and later years.
We take this action to make program improvements based on lessons
learned over the last decade and to improve program outcomes.
DATES: The priority and definition are effective August 9, 2021.
FOR FURTHER INFORMATION CONTACT: Orman Feres, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3C124, Washington, DC 20202.
Telephone: (202) 453-6921. Email: <a href="/cdn-cgi/l/email-protection#aec1dcc3cfc080c8cbdccbddeecbca80c9c1d8"><span class="__cf_email__" data-cfemail="9ef1ecf3fff0b0f8fbecfbeddefbfab0f9f1e8">[email protected]</span></a>.
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:
Purpose of Program: The purpose of TSL is to assist States, local
educational agencies (LEAs), and nonprofit organizations to develop,
implement, improve, or expand comprehensive performance-based
compensation systems (PBCS) or human capital management systems (HCMS)
for
[[Page 36221]]
teachers, principals, and other school leaders (educators) (especially
educators in High-Need Schools who raise student academic achievement
and close the achievement gap between high- and low-performing
students). In addition, a portion of TSL funds may be used to study the
effectiveness, fairness, quality, consistency, and reliability of such
systems.
Program Authority: Sections 2211-2213 of the Elementary and
Secondary Education Act of 1965, as amended (ESEA), 20 U.S.C. 6631-
6633.
A notice of proposed priorities (NPP) for this program was
published in the Federal Register on April 9, 2021 (86 FR 18519). The
NPP contained background information and our reasons for proposing the
priority and definition.
Except for minor editorial and technical revisions, there are no
differences between the proposed priority and definition and the final
priority and definition.
Public Comment: In response to our invitation in the NPP, two
comments were received, neither of which were relevant to the proposed
priority and definition. The Secretary appreciates the public's
interest in this program and the comments received in response to the
NPP. However, we do not address general comments that raise concerns
not directly related to the NPP.
Final Priority
High-Need Schools.
Under this priority, eligible applicants must concentrate proposed
activities on teachers, principals, or other school leaders serving in
High-Need Schools.
In order to demonstrate that the TSL project is concentrated in
High-Need Schools, the applicant must--
(a) Provide the requested data in paragraph (c) of this priority to
demonstrate that at least the majority of the schools participating in
the proposed project are High-Need Schools and describe how the TSL-
assisted grant activities are focused on those schools;
(b) Include a list of all schools in which the proposed TSL-funded
project would be implemented and indicate which schools are High-Need
Schools; and
(c) Provide the most recently available school-level data
supporting each school's designation as a High-Need School.
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)).
Final Definition
The Assistant Secretary establishes the following definition for
this program. We may apply this definition in any year in which this
program is in effect.
High-Need School means a school with 50 percent or more of its
enrollment from low-income families as calculated using--
(1) The number of children eligible for a free or reduced-price
lunch under the National School Lunch Program (NSLP) (or, if an LEA
does not participate in the NSLP, comparable data from another source
such as a survey);
(2) If an LEA has one or more schools that participate in the
Community Eligibility Provision (CEP) of the NSLP, for any of its
schools (i.e., CEP and non-CEP schools), the method in paragraph (1) of
this definition or an alternative method approved by the Department;
and
(3) For middle and high schools, data from feeder schools that can
establish that the middle or high school is a High-Need School under
paragraph (1) or (2) of this definition.
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 this priority and definition, we invite
applications through a notice in the Federal Register.
Executive Orders 12866 and 13563
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 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 $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. 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
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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 this final priority and definition only on a
reasoned determination that their benefits justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that 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 does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
The Department believes that this regulatory action will not impose
significant costs on eligible entities, whose participation in our
programs is voluntary, and costs can generally be covered with grant
funds. As a result, the priority and definition will not impose any
particular burden except when an entity voluntarily elects to apply for
a grant. The benefits of the priority and definition will outweigh any
associated costs because they will help ensure that the Department's
TSL grant program selects high-quality applicants to implement
activities that are designed to address High-Need Schools.
Regulatory Flexibility Act Certification: The Secretary certifies
that this regulatory action does 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 regulatory action would affect are
school districts, nonprofit organizations, and for-profit
organizations. Of the impacts we estimate accruing to grantees or
eligible entities, all are voluntary and related mostly to an increase
in the number of applications prepared and submitted annually for
competitive grant competitions. Therefore, we do not believe that the
priority and definition would significantly impact small entities
beyond the potential for increasing the likelihood of their applying
for, and receiving, competitive grants from the Department.
Paperwork Reduction Act of 1995: The priority and definition
contain information collection requirements that are approved by OMB
under OMB control number 1810-0758; the priority and definition do not
affect the currently approved data collection. An FY 2021 competition
would require applicants to complete and submit an application for
Federal assistance using Department standard application forms. As a
part of the application submission, respondents, who are LEAs, State
educational agencies, the Bureau of Indian Education, nonprofit or for-
profit organizations, or a combination thereof, will submit information
demonstrating that each school included in the TSL-assisted project is
a High-Need school. We estimate that for the FY 2021 TSL competition
and later competitions, each applicant will spend approximately 87
hours of staff time to address the priority and definition. Based on
the number of applications the Department received in the FY 2020 TSL
competition, we expect to receive approximately 100 applications for
these funds. The total number of hours for all expected applicants to
address this priority and definition is an estimated 8,700 hours.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance. This document
provides early notification of our specific plans and actions for this
program.
Accessible Format: On request to the 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: <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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:
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. 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. 2021-14712 Filed 7-8-21; 8:45 am]
BILLING CODE 4000-01-P
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