Notice2021-16097
Final Priorities and Definitions-Education Innovation and Research-COVID-19 and Equity
Primary source
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Published
July 28, 2021
Effective
August 27, 2021
Issuing agencies
Education Department
Abstract
The Department of Education (Department) announces priorities and definitions under the Education Innovation and Research (EIR) program, Assistance Listing Numbers 84.411A/B/C. The Department may use these priorities and definitions for competitions in fiscal year (FY) 2021 and in later years.
Full Text
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40521-40529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16097]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2021-OESE-0044]
Final Priorities and Definitions--Education Innovation and
Research--COVID-19 and Equity
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final priorities and definitions.
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[[Page 40522]]
SUMMARY: The Department of Education (Department) announces priorities
and definitions under the Education Innovation and Research (EIR)
program, Assistance Listing Numbers 84.411A/B/C. The Department may use
these priorities and definitions for competitions in fiscal year (FY)
2021 and in later years.
DATES: These priorities and definitions are effective August 27, 2021.
FOR FURTHER INFORMATION CONTACT: Ashley Brizzo. U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E325, Washington, DC 20202.
Telephone: (202) 453-7122. Email: <a href="/cdn-cgi/l/email-protection#b6f3ffe4f6d3d298d1d9c0"><span class="__cf_email__" data-cfemail="bffaf6edffdadb91d8d0c9">[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: The Department intends these priorities and
definitions to support competitions under the EIR program for the
purpose of developing, implementing, and evaluating projects designed
to enhance instructional practice and improve achievement and
attainment for high-need students in two key policy areas: (1)
Innovative approaches to addressing the impact of the novel coronavirus
2019 (COVID-19) pandemic on students and educators (namely, the
interruption of traditional patterns of education due to school
closures and the disproportionate social, emotional, physical and
mental health, and academic impacts on particular student groups), and
(2) promoting equity in students' access to educational resources and
opportunities. The Department believes that these priorities and
definitions are essential to enable applicants to respond to the COVID-
19 pandemic and address equity issues.
Purpose of Program: The EIR program, established under section 4611
of the Elementary and Secondary Education Act, as amended (ESEA),
provides funding to create, develop, implement, replicate, or take to
scale entrepreneurial, evidence-based, field-initiated innovations to
improve student achievement and attainment for high-need students; and
rigorously evaluate such innovations. The EIR program is designed to
generate and validate solutions to persistent education challenges and
to support the expansion of those solutions to serve substantially
larger numbers of students.
Program Authority: Section 4611 of the ESEA, 20 U.S.C. 7261.
We published a notice of proposed priorities and definitions for
this program in the Federal Register on May 3, 2021 (86 FR 23304) (the
NPP). That document contained background information and our reasons
for proposing the priorities and definitions.
Public Comment: In response to our invitation in the NPP, 32
parties submitted comments pertinent to the proposed priorities and
definitions. We discuss substantive issues under each priority (and its
subparts) or definition to which they pertain. Generally, we do not
address technical and other minor changes or suggested changes the law
does not authorize us to make. In addition, we do not address comments
that are outside the scope of the proposed priorities and definitions.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priorities and definitions since publication of
the NPP follows.
General Comments; Proposed Priority 1--Innovative Approaches to
Addressing the Impact of COVID-19 on Underserved Students and
Educators.
Comments: Among the 26 comments related to the COVID-19 priority,
all expressed overall support for the importance of and need for the
priority. One of those commenters, however, stated that there are too
many avenues listed within the priority, which could result in too
varied of a field for useful evaluation data.
Commenters noted a few areas that were not addressed in the NPP and
offered the following ideas for potential additions. Four commenters
stated the importance of universal design for learning (UDL) as a
critical strategy for addressing the impact of COVID-19. Two commenters
suggested the inclusion of culturally responsive teaching. One
commenter requested the addition of competency-based education and
another commenter provided an idea about multiple pathways to learning.
One commenter emphasized the need to help adults to better understand
students' learning. Two commenters suggested the addition of activities
related to the use of assessments and other diagnostic tools; and
another commenter suggested supporting evaluations focused on the
specific impact of COVID-19.
Six commenters provided various suggestions about the ways teachers
and leaders are essential in implementing the activities under the
priority and that training and supporting those individuals (through
activities such as in-service professional development, coaching,
leader development, and peer-to-peer learning) is critical to a
project's success. Specifically, one commenter suggested an additional
priority for professional development for school leaders to support the
implementation of activities. Five commenters suggested holistic and
integrated approaches to achieve optimal impact.
Seven commenters offered various suggestions about elevating
specific elements within this priority. For example, some commenters
stated that specific priorities should be used as absolute or
competitive priorities to elevate them above others. Three commenters
offered suggested changes that would prioritize specific students
listed in the definition of ``underserved students.''
Discussion: We appreciate the support for these proposed priorities
and definitions. The Department intends to maintain the current list of
options in the priority and definitions as a means to provide multiple
potential project ideas for applicants to propose that address the
impact of COVID-19. Although the Department acknowledges the comment on
the variety of avenues, there remains interest in articulating specific
options under the priority and allowing for flexibility in the
innovations proposed within those options to illuminate a variety of
projects that might meet the needs of underserved students and
educators most impacted by COVID-19. Furthermore, the evaluations for
each grantee funded under this priority have the potential to
illuminate key findings about various responses to the pandemic that
might inform strategies considered in response to a myriad of future
crises. The Department acknowledges that COVID-19 has presented multi-
faceted and unique challenges that necessitate a flexible set of
responses.
The Department concurs with the importance of UDL and appreciates
the multiple suggestions for its inclusion. The Department also agrees
with the importance of culturally responsive teaching and learning
environments and further recognizes a need for linguistically
responsive teaching and learning environments; as such, culturally and
linguistically responsive teaching and learning environments is
included explicitly in Priority 2(b), and the Department welcomes the
submission of those proposed plans in grant applications under that
priority. Additionally, applicants may choose to propose a project
under Priority 1 that includes an element of culturally and
linguistically responsive teaching and learning (such as a personalized
learning project that incorporates content from students' cultural
background or a trauma-informed training project for teachers including
a component on various cultural traditions of dealing with loss).
[[Page 40523]]
Although the other suggested additions are important educational
objectives, the Department is interested in maintaining the current
list to allow their prioritization and welcomes applicants to submit
specific examples that are within the parameters of the final priority.
The Department appreciates the thoughtful ideas about potential
ways to design projects that can support implementation, such as
professional development for school leaders, and welcomes the
submission of those proposed plans in grant applications. The
Department will consider the input about potential ways to use these
priorities in future grant competitions.
Changes: We have revised paragraph (b)(3) in Priority 1 by adding
UDL, as defined in section 8101(51) of the ESEA.
Priority 1(a)--Collaborating with Stakeholders.
Comments: Several commenters confirmed the importance of
stakeholder collaboration and family engagement. For example, one
commenter specified collaboration as key to building capacity to
overcome pre-pandemic inequities. Another noted the importance of two-
way collaboration based on mutual trust and respect, while other
commenters emphasized the need for collaboration to include diverse
cultural, linguistic, and socioeconomic representation.
There were also requests by three commenters to add language about
sustaining partnerships between schools and key institutions, such as
community clinics and local government, to provide integrated support
for students. Another commenter suggested specific inclusion of school
leaders.
Discussion: The Department appreciates the comments in support of
stakeholder collaboration. We agree that collaboration that reflects
mutual respect is essential for authentic collaboration and that
diverse representation is essential.
The Department acknowledges the importance of sustained
partnerships and applicants are invited to outline their plans for such
partnerships.
Regarding the suggested addition of school leaders, the Department
opted for the term ``educators'' to be inclusive of teachers as well as
school leaders.
Changes: The Department has added new language in paragraph (a) of
Priority 1 to specify the respectful and mutual nature of collaboration
as well as the need for it to include diverse representation. The
Department also clarified in paragraph (a) that ``educators'' means
teachers, school leaders, and other school staff.
Priority 1(b)(1)--Re-engaging Students.
Comments: Several commenters addressed the requirement in paragraph
(b)(1) that project plans re-engage underserved students and strengthen
relationships between educators and underserved students most impacted
by COVID-19. One commenter recommended adding language regarding family
engagement. Two commenters suggested the addition of strategies to
support students' safety and sense of belonging by improving school
climate. Another commenter noted the importance of re-engaging students
experiencing homelessness and offered specific strategies to remove
barriers to enrollment (such as updating enrollment materials to
include information about rights under McKinney-Vento and leveraging
the support of specialized instructional support personnel).
Discussion: The Department appreciates the suggestion and agrees
with the importance of family members in re-engaging students in
learning. The Department appreciates specific ideas about how to re-
engage students and welcomes entities applying for an EIR grant to
detail such project plans; maintaining the broad language in the
priority, however, will also allow for other ideas.
The Department acknowledges the importance of re-engaging students
experiencing homelessness and applicants are invited to outline their
plans for such focus.
Changes: The Department has revised paragraph (b)(1) to provide
that families, as well as students, must be re-engaged.
Priority 1(b)(5)--Equitable and Inclusive Learning Environments.
Comments: One commenter suggested revising paragraph (b)(5) of the
priority to address students' exploration and affirmation of their
identity.
Discussion: The Department appreciates specific ideas about how to
create equitable and inclusive learning environments and welcomes
entities applying for an EIR grant to detail such project plans if they
so choose; maintaining the broad language in the priority, however,
will also welcome other ideas from applicants.
Changes: None.
Priority 1(b)(6)--Specialized Instructional Support Personnel.
Comments: One commenter stated that specialized instructional
support personnel should be highly trained. Another commenter suggested
the addition of tutors and youth development practitioners.
Discussion: The definition of ``specialized instructional support
personnel'' assumes the formal training required for school counselors,
school social workers, school psychologists, or other qualified
professional personnel. As such, we do not believe we need to specify
that they must be highly trained; applicants can, however, include in
their proposed projects plans for training project staff and
participants.
In response to the proposed additional types of personnel, the
Department intends to maintain the priority of ensuring access to
specialized instructional support personnel to reinforce the specific
role professionals, such as school counselors and school social
workers, can have in addressing the needs of underserved students most
impacted by COVID-19. Included in the definition of specialized
instructional support personnel is ``other qualified professional
personnel.'' Additionally, applicants are welcome to include in their
proposed projects additional types of staff.
Changes: None.
Priority 1(b)(7)--Supporting Students Experiencing Homelessness.
Comments: One commenter suggested including ``creating strategies''
in paragraph (b)(7) of this priority.
Discussion: We believe that creating and implementing strategies to
find and support students is already built into the required action.
Changes: None.
Priority 1(b)(9)--Accelerating Grade-level Learning.
Comments: A number of commenters suggested additions to paragraph
(b)(9) on accelerated learning. Specifically, two commenters asked the
Department to emphasize the importance of improving the core
instruction that occurs within the classroom. Other commenters asked
that we specify summer learning experiences and accelerated diploma
pathways as strategies to accelerate learning. One commenter suggested
we revise paragraph (b)(9)(ii) to include a focus on identifying and
reconnecting with students approaching post-secondary transitions.
Discussion: The Department agrees with the suggestion to add an
emphasis on improving in-classroom instruction.
In response to the recommendation to include summer learning and
accelerated pathways as strategies to accelerate learning, those types
of activities would already fall within the scope of the priority, so
changes are not needed. Similarly, we think that identifying and
reconnecting with students approaching post-secondary transitions could
be one component of a project with a broader focus on providing
targeted supports for students
[[Page 40524]]
in preparing for post-secondary education transitions under paragraph
(b)(9)(ii), and that no changes are needed to permit this activity.
Changes: We have revised paragraph (b)(9) to specify the classroom
as a setting for accelerated learning.
General Comments; Priority 2--Promoting Equity and Adequacy in
Student Access to Educational Resources and Opportunities.
Comments: Many commenters strongly supported a priority that
promotes equity; a few of those commenters offered specific reasons for
their support. One commenter noted that there is a strong and critical
need for exploring and evaluating innovative approaches to equity.
Three commenters expressed their enthusiasm for a focus on chronically
underserved students and communities, and three commenters expressed
support for promoting equity through access to effective, high-quality
teachers in high-need schools. Another commenter noted that the
priority is aligned with current scientific learnings about teaching
and learning. Two commenters applauded this priority as one that
focuses on underserved students' individual needs through a whole-child
approach.
Commenters noted a few areas that were not addressed in the
proposed priority and recommended additions, including the following: A
focus on strengthening and diversifying the teacher workforce; an
expansion of equitable access to effective teachers to also include
school leaders; a reference to alternative routes for educator
credentialing; and a focus on National Board Certification.
Discussion: The Department appreciates the support for Priority 2.
We agree on the importance of teacher diversity and think that
incorporating this focus in paragraph (a)(1) is useful to support
projects that improve teacher preparation, recruitment, early career
support, and development, with teacher diversity as a focus.
Strengthening the workforce is already included in the priority as
stated. Although the Department agrees, in general, with the importance
of equitable access to effective school leaders, we are interested in
EIR projects that focus on equitable access to effective teachers.
Projects proposed by applicants that focus on equitable access to
effective teachers may include equitable access to effective school
leaders as an additional project component; entities interested in this
topic as their sole focus may explore other grant programs in the
Department. Projects that support various routes to obtaining full or
advanced certification, consistent with State certification
requirements, would be welcome under paragraph (a)(3) of this priority.
Changes: In paragraph (a)(1) of Priority 2, the Department added
strategies that improve teacher diversity.
Priority 2(a)(1)--Preparation, Recruitment, Early Career Support,
and Development.
Comments: Two commenters suggested that additional text specifying
that high-need areas, including special education be included as part
of the activity.
Discussion: The Department includes students with disabilities
within the definition of underserved students. We also call for
applicants to address inequities in access to fully certified,
experienced, and effective teachers, and therefore, welcome applicants
to address shortages of special education educators.
Changes: None.
Priority 2(a)(2)--Hiring, Compensation, and Advancement Systems.
Comments: One commenter supported the focus in paragraph (a)(2) on
compensation and career advancement. Another commenter proposed an
emphasis on schools with the students who have the highest needs and
students of color.
Discussion: The Department appreciates the idea of compensation and
career advancement and notes that the priority, as stated, already
explicitly notes these areas of focus. Regarding a focus on a specific
set of schools, we maintain flexibility in the language of the priority
in order to allow applicants to address the unique needs in their
context; applicants are invited to describe the ways they intend to
support underserved students and high-need students, which allows for
emphasis on students attending specific types of schools.
Changes: None.
Priority 2(a)(3)(iii)--Professional Development.
Comments: One commenter recommended that we revise paragraph
(a)(3)(iii) to include ongoing anti-bias training and practices.
Another commenter suggested that we require the professional
development to be high-quality, inclusive, and accessible, noting that
such professional development can greatly benefit all students,
especially those with disabilities.
Discussion: Regarding anti-bias training, the Department is
interested in maintaining broad and flexible language in this priority
to allow proposed projects to include activities most relevant to their
specific context; we welcome applicants to propose projects that
include anti-bias training under paragraph (a)(3)(iii) of Priority 2.
The Department agrees with the need for professional development to be
high quality and has clarified that we use the term ``professional
development'' as it is defined in section 8101(42) of the ESEA, which
specifies aspects of professional learning that are indicators of
quality. We also agree that all projects under EIR should be inclusive
and accessible; the existing requirement applicable to this program
under section 427 of the General Education Provisions Act already
requires applicants to ensure equitable access to, and participation
in, federally assisted programs. However, the Department welcomes
projects that include these specific ideas.
Changes: We have revised paragraph (a)(3)(iii) to clarify that we
refer to ``professional development'' as it is defined in section
8101(42) of the ESEA.
Priority 2(a)(3)(iv)--Workplace Conditions.
Comments: One commenter suggested that, in paragraph (a)(3)(iv) of
Priority 2, we emphasize creating inclusive and culturally affirming
working environments for all teachers.
Discussion: The Department supports the betterment of workplace
conditions for high-quality teaching and learning and appreciates the
suggested improvement to further clarify the priority.
Changes: The Department has revised Priority 2 under paragraph
(a)(3)(iv) by adding the creation of inclusive and culturally affirming
working environments as a means to improve workplace conditions.
Priority 2(c)--Addressing Bias and Inclusive, Supportive Learning
Environments.
Comments: Eight commenters expressed general support for addressing
implicit bias. One commenter, however, expressed concern that while
this activity is commendable, it could be difficult to evaluate.
Discussion: Although projects proposed under this subpart may have
unique considerations for evaluation design, it will be up to
applicants to propose rigorous evaluation approaches that are
responsive to the relevant requirements and selection criteria in the
notice inviting applications.
Changes: None.
Priority 2(d)--Including Diverse Stakeholders.
Comments: Eight commenters supported this priority subpart.
However, one commenter suggested that we expand the list of diverse
stakeholders to include families,
[[Page 40525]]
caretakers, educators, and community leaders.
Discussion: The Department agrees that State and local education
decision-making processes should include meaningful engagement with a
broad range of stakeholders, including families, caretakers, educators,
and community leaders.
Changes: The Department has added new language in paragraph (d) of
Priority 2 to expand the diverse representation of stakeholders to also
include families, caretakers, educators, and community leaders and
clarify that ``educators'' means teachers, school leaders, and other
school staff.
Priority 2(e)--Exclusionary Discipline and Resource Equity.
Comments: One commenter expressed appreciation for this subpart,
especially as it related to the disproportionate use of discipline on
students with disabilities. Another commenter suggested we add a third
activity to paragraph (e) related to studying the impact of additional
funding to meet the needs of underserved students, and allow applicants
to propose projects that address one or more of the three. Another
commenter, while citing the importance of supporting resource equity,
suggested adding language regarding measurability.
Discussion: The Department appreciates the need for clarity on the
distinction between discipline and resource equity. Regarding the
suggested additional activity, applicants would be welcome under
paragraph (f) of this priority to outline their plans exploring the
impact of additional funding levels. The Department appreciates the
focus on measurability, which is already addressed by the program
requirement that requires grantees to conduct an independent evaluation
of the effectiveness of its project.
Changes: The Department has revised the priority by separating the
topics of discipline and resource equity into two distinct activities
in paragraph (e) and (f).
Definition--High-Quality Tutoring
Comments: Nine commenters proposed changes to improve the
definition of ``high-quality tutoring'' and one commenter supported the
definition as written.
Three commenters asked that we require the tutoring to be aligned
with academic standards, and another suggested specifying that tutoring
does not replace classroom teaching. Five commenters suggested that we
include specific evidence tiers in the definition, and five others
suggested specifying that small groups be no larger than four students
per tutor. Two commenters stated that the definition should require
that tutoring occur during the regular school day, while several others
recommended specific requirements on its frequency and duration (e.g.,
that tutoring should occur at least every other day and for the entire
school year).
Three commenters also suggested we revise the definition to require
equitable access to the tutoring or a specific focus on underserved
students, and another recommended that we require tutors to be well-
trained for the specific tutoring strategies implemented during the
tutoring sessions.
Discussion: The Department agrees with the suggestions for refining
the definition to clarify that tutoring does not replace classroom
teaching and must be aligned with academic standards. Regarding
comments about enhancing the evidence requirement within this
definition, the EIR program already includes specific evidence
requirements consistent with the program statute (for example, Early-
phase grantees must meet the Demonstrates a Rationale level of
evidence).
The Department declines to be prescriptive on specific ratios,
dosage, frequency, duration, or time of day to allow applicants to
propose plans appropriate to student need and contextual consideration.
The Department agrees that equitable access to high-quality tutoring
and focusing projects on underserved students is important. However,
equitable access is already required under section 427 of the General
Education Provisions Act. A focus on serving high-need students is
already required under section 4611(a)(1)(A) of the ESEA.
Regarding the suggestion that a tutor's training be specific to the
tutoring strategies being used, the Department has determined that such
clarification is not necessary as tutors may employ a mix of existing
strategies that do not necessitate training and new strategies for
which specific training is necessary. Additionally, broad training
(such as training on behavior management or content) may also be useful
to tutors and the Department does not want training of this nature to
be precluded.
Changes: The Department has revised the definition of ``high-
quality tutoring'' by adding language to clarify that it should not be
a replacement for classroom teaching and that it should be aligned to
standards.
Definition--Personalized Learning
Comments: One commenter offered general support for the definition
of ``personalized learning.'' Another expressed concern that varying
objectives and content might result in lower standards.
One commenter suggested emphasizing the student's role in decision
making, while another commenter offered an alternate definition with
similar elements of tailoring learning to students needs and interests.
Discussion: The Department appreciates the support for the
definition of ``personalized learning.'' Personalized learning
inherently involves customizing content and pace to meet learner needs.
Accordingly, the Department is maintaining the flexibility for projects
to tailor the objectives and content of the instruction to learner
needs, but notes, in recognition of the commenter's concerns about
quality, that the definition requires the instruction to be aligned
with rigorous standards. The Department agrees that student-centered
decision-making is a key element of personalized learning; the
definition notes that student feedback is one potential source of data
that may be used to personalize learning. This definition draws on
language used by the Department across programs, and we believe that
maintaining consistent language is helpful for stakeholders and the
Department in administering its programs. However, we note that the
final definition shares its core elements with the proposed alternative
definition.
Changes: None.
Definition--Underserved Students
Comments: Of the four comments related to the definition of
``underserved students,'' one generally supported the comprehensive
detail in the proposed definition. Another commenter specifically
supported the inclusion of ``intersex'' students in paragraph (i),
which initially stated the following: ``Lesbian, gay, bisexual,
transgender, queer, and intersex (LGBTQI+) students.'' Two commenters
suggested that we revise paragraph (e) relating to students with
disabilities, to clarify that it includes students served under the
Individuals with Disabilities Education Act (IDEA) and Section 504 of
the Rehabilitation Act of 1973.
One commenter suggested additional examples of underserved
students, including students first in their family to graduate high
school and adults who previously dropped out.
Discussion: The Department appreciates the support for the
definition as well as the suggested clarification to ensure broad
inclusion of students with disabilities. The Department understands the
importance
[[Page 40526]]
of inclusion and respecting the rights of intersex students. Every time
the Department uses the term LGBTQ+, it is including intersex youth.
The definition is non-exhaustive so entities applying for an EIR grant
may include other examples of underserved students (such as the two
proposed additions as well as intersex students) relevant to their
proposed project.
Changes: The Department revised paragraph (e) to clarify that
``students with disabilities'' includes students served under IDEA and
Section 504. The Department has also removed the explicit mention of
intersex students in paragraph (i).
Other Definitions
Comments: A few commenters suggested other terms for the Department
to define. One commenter suggested adding a definition for ``whole-
learner approaches''; the proposed definition included comprehensive
description with proposed approaches that support physical, social-
emotional, creative, and cognitive development, among other specifics,
with a suggestion to use that definition in both proposed priorities.
Three commenters suggested we revise the definitions for ``specialized
instructional support personnel'' and ``well-rounded education.''
Another commenter suggested we adopt the definition of ``professional
development'' from section 8101 of the ESEA.
Discussion: The proposed definition of ``whole-learner approaches''
includes elements already supported in EIR or included in the NPP (such
as social-emotional learning, well-rounded education, culturally and
linguistically responsive teaching, and personalized learning).
Accordingly, an applicant could propose those types of activities under
the priorities as stated, so changes to the priorities and definitions
are not needed. As this program is authorized under the ESEA, we will
use the ESEA definitions of ``specialized instructional support
personnel'' and ``well-rounded education'' for consistency across
programs. We agree that the definition of ``professional development''
in section 8101(42) of the ESEA includes strong components of high-
quality professional development.
Changes: We have clarified in each place where ``professional
development'' is referenced in the priorities (including Priority 1
paragraph (b)(4), Priority 2 paragraph (a)(3)(iii), and Priority 2
paragraph (2)(f)) that we are using the term as defined in section
8101(42) of the ESEA.
Final Priorities
This document contains two final priorities.
Priority 1--Innovative Approaches to Addressing the Impact of
COVID-19 on Underserved Students and Educators.
Projects designed to address the needs of underserved students and
educators most impacted by COVID-19 through--
(a) Engaging in two-way, mutually respectful collaboration with key
stakeholders, such as families, caretakers, students, educators
(including teachers, school leaders, and other school staff), and
community leaders (including individuals from diverse cultural,
linguistic, and socioeconomic backgrounds), to assess and understand
students' social, emotional, physical and mental health, and academic
needs, in light of historical educational inequities and the impact of
the COVID-19 pandemic; and
(b) Developing and implementing strategies to address those needs
through one or more of the following:
(1) Re-engaging students (and their families) and strengthening
relationships between educators, students, and families.
(2) Supporting district- and school-wide use of personalized
learning (as defined in this notice).
(3) Utilizing multi-tier system of supports (as defined in section
8101(33) of the ESEA) and universal design for learning (as defined in
section 8101(51) of the ESEA).
(4) Providing educators with professional development (as defined
in section 8101(42) of the ESEA) and resources to use trauma-informed
practices.
(5) Creating or supporting equitable and inclusive learning
environments in schools.
(6) Ensuring students have access to additional specialized
instructional support personnel (as defined in section 8101(47 of the
ESEA) during their school day, at their school site.
(7) Finding and supporting students experiencing homelessness,
including those not attending school during the pandemic.
(8) Providing additional supports to educators to address their
mental health and well-being and instructional practice needs.
(9) Providing evidence-based supports and educational opportunities
to accelerate grade-level student learning (especially for underserved
students) through in-class learning and additional instructional
practice, including those supported by technology in ways that do not
contribute to tracking or remediation, which may include one or both of
the following:
(i) High-quality tutoring (as defined in this notice), summer
learning and enrichment, or opportunities for high-quality expanded
learning time (as defined in section 8101(2) of the ESEA) as well as
implementation of embedded, high-quality formative assessment to
support personalization.
(ii) Providing targeted supports for high school students to
prepare for post-secondary education transition and success.
Priority 2--Promoting Equity and Adequacy in Student Access to
Educational Resources and Opportunities.
Projects designed to promote equity in access to critical resources
for underserved students in prekindergarten through grade 12 through
one or more of the following:
(a) Addressing inequities in access to fully certified,
experienced, and effective teachers through one or more of the
following activities:
(1) Improving the preparation, recruitment, early career support,
and development of teachers in high-need or hard-to-staff schools,
including strategies that improve teacher diversity.
(2) Reforming hiring, compensation, and advancement systems.
(3) Improving the retention of fully certified (including teachers
certified in the area they are assigned to teach), experienced, and
effective teachers in districts, schools, and classrooms serving high
concentrations of underserved students through one or more of the
following activities:
(i) Providing comprehensive, high-retention pathways into the
profession.
(ii) Creating or enhancing opportunities for teachers' professional
growth and leadership opportunities.
(iii) Delivering collaborative, job-embedded, and sustained
professional development.
(iv) Improving workplace conditions to create opportunities for
successful teaching and learning, including through inclusive and
culturally affirming working environments.
(b) Addressing inequities in access to and success in rigorous,
engaging, and culturally and linguistically responsive teaching and
learning environments that prepare students for college and career
through one or both of the following activities:
(1) Increasing access to and success in middle school courses that
are foundational to advanced coursework in high school; advanced
courses and programs, including Advanced Placement, International
Baccalaureate, high-quality dual or concurrent enrollment (as defined
in section 8101(15) of the ESEA), and high-quality
[[Page 40527]]
early college high school (as defined in section 8101(17) of the ESEA)
programs; high-quality STEM programs; or high-quality career and
technical education pathways that are integrated into the curriculum.
(2) Developing, and expanding access to, programs designed to
provide a well-rounded education (as defined in section 8101(52) of the
ESEA).
(c) Addressing bias (e.g., implicit and explicit) and creating
inclusive, supportive learning environments.
(d) Involving diverse stakeholders to include students, families,
caretakers, educators (including teachers, school leaders, and other
staff), and community leaders in State and local education decisions.
(e) Identifying and addressing, in collaboration with students,
families, and educators, policies that result in the disproportionate
use of exclusionary discipline through data collection and analysis
(including school climate surveys) disaggregated by race, sex, English
learner, disability status, gender-identity, and sexual orientation, in
compliance with 20 U.S.C. 1232h and 34 CFR part 98, and other important
variables.
(f) Identifying and addressing issues of equity in access to and
the use of innovative tools, rigorous content, and effective teaching
and learning practices, including by providing job-embedded
professional development to educators on strategies for equitably
integrating educational technology in ways that elevate student
engagement beyond passive use and over-reliance on drill-and-practice
to a more robust, creative, and playful medium.
(g) Addressing policies, practices, and procedures that contribute
to significant disproportionality in special education or programs for
English learners based on race or ethnicity.
(h) Improving the quality of educational programs in juvenile
justice facilities (such as detention facilities and secure and non-
secure placements) or supporting re-entry after release, by linking
youth to education or job training programs.
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)).
This document does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use one or more of these priorities, we invite
applications through a notice in the Federal Register.
Final Definitions
This document includes three final definitions. We may apply these
definitions in any year in which this program is in effect. We also
intend to use the definitions from section 8101 of the ESEA that we
included for informational purposes in the NPP, as well as the
definition of universal design for learning and professional
development, as discussed above.
High-quality tutoring means tutoring that is based on evidence-
based strategies to support students' success in the classroom
(provided in addition to, and not as a replacement for, classroom
teaching); is delivered in individualized or small-group settings;
reflects differentiated support based on student need; is aligned with
the district's curriculum and rigorous academic standards; has
established standards of intensity and dosage based on level of need;
is delivered by tutors who are well-trained, who are supported with
resources and personnel (such as a tutor coordinator), and who work
closely with the student's teacher of record; and includes instruments
to examine instructional quality and quantity.
Personalized learning means instruction that is aligned with
rigorous college- and career-ready standards so that the pace of
learning and the instructional approach are tailored to the needs of
individual learners. Learning objectives and content, as well as the
pace, may all vary depending on a learner's needs. Personalized
learning may also draw on a number of student-centered blended learning
models (e.g., competency-based education, project-based learning,
universal design for learning). In addition, learning activities are
aligned with specific interests of each learner. Data from a variety of
sources (including formative assessments, student feedback, and
progress in digital learning activities), along with teacher
recommendations, are often used to personalize learning.
Underserved students means high-need students as determined by the
applicant, which may include one or more of the following:
(a) Students who are living in poverty, especially those students
who are also served by schools with high concentrations of students
living in poverty.
(b) Students of color.
(c) Students who are members of federally recognized Indian Tribes.
(d) English learners.
(e) Students with disabilities, including students served under the
Individuals with Disabilities Education Act and Section 504 of the
Rehabilitation Act of 1973.
(f) Disconnected youth, including but not limited to (1) students
who lost significant amounts of in-person instruction as a result of
the COVID-19 pandemic, and (2) students who did not consistently
participate in remote instruction when offered during school building
closures.
(g) Migrant students.
(h) Students experiencing homelessness.
(i) Lesbian, gay, bisexual, transgender, and queer (LGBTQ+)
students.
(j) Students in foster care.
(k) Students without documentation of immigration status.
(l) Pregnant, parenting, or caregiving students.
(m) Students impacted by the justice system including formerly
incarcerated students.
(n) Students who are the first in their family to attend
postsecondary education.
(o) Students enrolling in or seeking to enroll in postsecondary
education for the first time at the age of 20 or older.
(p) Students who are working full-time while enrolling in
postsecondary education.
(q) Students who are enrolling in or seeking to enroll in
postsecondary education who are eligible for a Pell Grant.
(r) Adult students with low skills, including those with limited
English proficiency.
[[Page 40528]]
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.
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the
Office of Information and Regulatory Affairs designated this rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
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 provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these final priorities and definitions only on a
reasoned determination that the benefits justify the 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.
In accordance with these Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Summary of Costs and Benefits: The Department believes that these
final priorities and definitions will not impose significant costs on
the entities eligible to apply for EIR. We also believe that the
benefits of implementing the final priorities justify any associated
costs.
The potential costs are those resulting from statutory requirements
and those we have determined as necessary for administering the
Department's programs and activities.
Priority 1 gives the Department the opportunity to offer applicants
a wide array of potential projects that help them respond to the impact
of COVID-19 on students. Additionally, by offering ideas and options
for projects, we believe that this priority could result in a number of
changes including enhancing stakeholder engagement and implementing
innovative strategies to both respond to student needs that were
exacerbated by COVID-19 and allow for the evaluation of such impact.
The innovation and research activities supported under this priority
have the potential to change instructional practices in ways that will
improve student outcomes and enable the field to have a more refined
set of strategies to respond to other global crises should such need
arise in the future.
Priority 2 gives the Department the opportunity to offer applicants
a wide array of potential projects that promote equity and reinforce
EIR's statutory requirements to serve high-need students. Additionally,
by offering ideas and options for projects, we believe that this
priority could result in a number of changes including enhancing
innovative approaches to equity and allow for the evaluation of such
impact.
Because these final priorities and definitions would neither expand
nor restrict the universe of eligible entities for any Department grant
program, and since application submission and participation in our
discretionary grant programs is voluntary, there are no costs
associated with these priorities and definitions.
Regulatory Flexibility Act Certification: The Secretary certifies
that this final regulatory action will not have a significant economic
impact on a substantial number of small entities. The U.S. Small
Business Administration Size Standards define ``small entities'' as
for-profit or nonprofit institutions with total annual revenue below
$7,000,000 or, if they are institutions controlled by small
governmental jurisdictions (that are comprised of cities, counties,
towns, townships, villages, school districts, or special districts),
with a population of less than 50,000.
The small entities that this regulatory action will affect are
public or private nonprofit agencies and organizations, including
institutions of higher education, that may apply. We believe that the
costs imposed on an applicant by the final priorities and definitions
will be limited to paperwork burden related to preparing an application
and that the benefits of implementing these final priorities and
definitions will outweigh any costs incurred by the applicant.
Therefore, we do not believe that the final priorities and definitions
will significantly impact entities beyond the potential for receiving
additional support should the entity receive a competitive grant from
the Department.
[[Page 40529]]
Paperwork Reduction Act of 1995
As part of its continuing effort to reduce paperwork and respondent
burden, the Department provides the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information, in accordance with the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: The public
understands the Department's collection instructions, respondents can
provide the requested data in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the Department can properly assess the impact
of collection requirements on respondents.
The final priorities and definitions contain information collection
requirements that are approved by OMB under OMB control numbers 1894-
0006. The Department will request OMB approval under 1894-0006 for the
Early-phase grants program (84.411C) around the same time this document
publishes.
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 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, 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 for Elementary and Secondary Education.
[FR Doc. 2021-16097 Filed 7-27-21; 8:45 am]
BILLING CODE 4000-01-P
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