Proposed Rule2022-01611
Proposed Priorities, Requirements, and Definition-Project Prevent Grant Program
Primary source
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Published
January 28, 2022
Issuing agencies
Education Department
Abstract
The Department of Education (Department) proposes priorities, requirements, and a definition under the Project Prevent grant program, Assistance Listing Number (ALN) 84.184M. We may use one or more of these priorities, requirements, and definition for competitions in fiscal year (FY) 2022 and later years. We propose priorities and requirements designed to direct funds toward local educational agencies (LEAs) impacted by community violence and to expand the capacity of LEAs to implement community- and school-based strategies to help prevent community violence and mitigate the impacts of exposure to community violence. The Department also proposes to define "community violence" for purposes of the Project Prevent grant program.
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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Proposed Rules]
[Pages 4522-4528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01611]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2021-OESE-0122]
Proposed Priorities, Requirements, and Definition--Project
Prevent Grant Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities, requirements, and definition.
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SUMMARY: The Department of Education (Department) proposes priorities,
requirements, and a definition under the Project Prevent grant program,
Assistance Listing Number (ALN) 84.184M. We may use one or more of
these priorities, requirements, and definition for competitions in
fiscal year (FY) 2022 and later years. We propose priorities and
requirements designed to direct funds toward local educational agencies
(LEAs) impacted by community violence and to expand the capacity of
LEAs to implement community- and school-based strategies to help
prevent community violence and mitigate the impacts of exposure to
community violence. The Department also proposes to define ``community
violence'' for purposes of the Project Prevent grant program.
DATES: We must receive your comments on or before February 28, 2022.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to
submit your comments electronically. Information on using
<a href="http://Regulations.gov">Regulations.gov</a>, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``FAQ.''
<bullet> Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about the proposed priorities,
requirements, and definition, address them to Nicole White, U.S.
Department of Education, 400 Maryland Avenue SW, Room 3E326,
Washington, DC 20202.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Nicole White, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E326, Washington, DC 20202.
Telephone: (202) 453-6729. Email: <a href="/cdn-cgi/l/email-protection#5e0e2c31343b3d2a700e2c3b283b302a1e3b3a70393128"><span class="__cf_email__" data-cfemail="8fdffde0e5eaecfba1dffdeaf9eae1fbcfeaeba1e8e0f9">[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:
Invitation to Comment: We invite you to submit comments regarding
the proposed priorities, requirements, and definition. To ensure that
your comments have maximum effect in developing the notice of final
priorities, requirements, and definition, we urge you to clearly
identify the specific section of the proposed priorities, requirements,
or definition that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from the
proposed priorities, requirements, and definition. Please let us know
of any further ways we could reduce potential costs or increase
potential benefits while preserving the effective and efficient
administration of the program.
During and after the comment period, you may inspect all public
comments about the proposed priorities, requirements, and definition by
accessing <a href="http://Regulations.gov">Regulations.gov</a>. You may also inspect the comments in person.
Please contact the person listed under FOR FURTHER INFORMATION CONTACT
to make arrangements to inspect the comments in person.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will
[[Page 4523]]
provide an appropriate accommodation or auxiliary aid to an individual
with a disability who needs assistance to review the comments or other
documents in the public rulemaking record for the proposed priorities,
requirements, and definition. If you want to schedule an appointment
for this type of accommodation or auxiliary aid, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The Project Prevent grant program provides
grants to LEAs to increase their capacity to implement community- and
school-based strategies to help prevent community violence and mitigate
the impacts of exposure to community violence. Project Prevent grant
funds allow LEAs to increase their capacity to identify, assess, and
serve students exposed to community violence, helping LEAs to (1) offer
affected students mental health services; (2) support conflict
management programs; and (3) implement other community- and school-
based strategies to help prevent community violence and to mitigate the
impacts of exposure to community violence.
Program Authority: 20 U.S.C. 7281.
Background: Children and youth's exposure to community violence,
whether as victims, justice-involved youth, or witnesses, is often
associated with long-term physical, psychological, and emotional harms.
Research has demonstrated that community violence is a risk factor for
experiencing an adverse childhood experience (ACE) such as abuse,
neglect, witnessing violence, or having a family member who is
incarcerated, and has an impact on future violence and victimization in
a community.\1\ ACEs can lead children and youth to experience
depression, anxiety, and post-traumatic stress disorder; have
difficulty in, or disconnect from, school and the workforce; and engage
in delinquency or violent acts, potentially perpetuating the conditions
that contribute to a cycle of community violence.
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\1\ Centers for Disease Control and Prevention. (2020, April 3).
Adverse Childhood Experiences (ACEs). Retrieved from: <a href="http://www.cdc.gov/violenceprevention/aces/riskprotectivefactors.html">www.cdc.gov/violenceprevention/aces/riskprotectivefactors.html</a>.
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Several Federal agencies have worked to address the issues
surrounding children and youth's exposure to community violence. Since
1980, the Centers for Disease Control and Prevention has been studying
patterns of violence and the effects of violence on communities and
individuals, as well as advancing strategies to help prevent violence
and mitigate the impacts of exposure to violence.\2\ Furthermore, in
2010, Attorney General Eric Holder launched the Defending Childhood
initiative to better understand and address the problem of children's
exposure to community violence. As part of this initiative, in December
2012 the Attorney General's Task Force on Children Exposed to Violence
released a report and national action plan that has helped inform the
development of this program. The report recognized the duty of local
coalitions of professionals from multiple disciplines across the full
range of service systems (health care, schools, family services, law
enforcement, and child advocacy centers), as well as families and other
community members, to assess local challenges and resources, and
develop strategies to reduce violence and the number of children
exposed to violence.\3\
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\2\ National Center for Injury Prevention and Control, Division
of Violence Prevention. Retrieved from: <a href="http://www.cdc.gov/violenceprevention">www.cdc.gov/violenceprevention</a>.
\3\ U.S. Department of Justice. (2012). Report of the Attorney
General's National Task Force on Children Exposed to Violence.
Retrieved from: <a href="https://www.justice.gov/archives/defendingchildhood/task-force-children-exposed-violence">https://www.justice.gov/archives/defendingchildhood/task-force-children-exposed-violence</a>.
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In addition, in 2012 the U.S. Department of Health and Human
Services launched a national effort to ``reduce the pervasive, harmful,
and costly health impact of community violence and trauma by
integrating trauma-informed approaches throughout health, behavioral
health, and related systems and addressing the behavioral health needs
of people involved in or at risk of involvement in the criminal and
juvenile justice systems.'' This includes the outlining of ``Principles
and Guidance for a Trauma-Informed Approach.'' \4\
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\4\ Substance Abuse & Mental Health Services Administration.
(2012). SAMHSA's Working Definition of Trauma and Principles and
Guidance for a Trauma-Informed Approach. Retrieved from: SAMHSA's
Concept of Trauma and Guidance for a Trauma-Informed Approach.
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Community violence, which is defined in this document, is a
significant public health, public safety, and community infrastructure
concern nationwide and is a leading cause of death, injury, and
intergenerational trauma for people in the United States. Community
violence imposes enormous human, social, and economic costs, including
disruption to employment and hindering of a community's social and
economic development.\5\ While the vast majority of young people are
able to persevere, those who have been victims of violence are at
substantially higher risk of being violently revictimized or killed.
Additionally, both direct and indirect violence exposure have been
associated with poor economic outcomes and poor health outcomes,
including chronic illness, anxiety, depression, and substance use.\6\
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\5\ U.S. Department of Health and Human Services. Crime and
Violence--Healthy People 2030. Retrieved from: <a href="https://health.gov/healthypeople/objectives-and-data/social-determinants-health/literature-summaries/crime-and-violence">https://health.gov/healthypeople/objectives-and-data/social-determinants-health/literature-summaries/crime-and-violence</a>.
\6\ Break the Cycle of Violence Act, S. 2275, 117th Cong.
(2021). Retrieved from: <a href="https://www.govinfo.gov/content/pkg/BILLS-117s2275is/html/BILLS-117s2275is.htm">https://www.govinfo.gov/content/pkg/BILLS-117s2275is/html/BILLS-117s2275is.htm</a>.
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Programs facilitated in schools by counselors, mental health
providers, and community leaders for students who have been exposed to
or are at high risk of involvement in community violence have been
shown to help students develop the social and emotional skills needed
to navigate difficult circumstances outside of the classroom so that
they are able to turn away from violence and reengage in school.\7\
When properly implemented and consistently funded, coordinated,
community-based strategies that use trauma-responsive care and
interrupt cycles of community violence may produce lifesaving and cost-
saving results in a short period of time. These strategies identify
those at the highest risk and highest need, coordinate individualized
wraparound resources, provide pathways to healing and stability, and
monitor and support long-term success.
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\7\ Chicago Lab Crime Report. Retrieved from: <a href="https://www.youth-guidance.org/bam/">https://www.youth-guidance.org/bam/</a>.
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The Biden-Harris Administration is taking a number of steps to
prioritize investment in community violence interventions. Community
violence interventions are proven strategies for reducing gun violence
and other violent crime in urban communities through approaches other
than incarceration.\8\ These approaches include outreach, conflict
mediation, violence interruption, and trauma-informed school-based
mental health services to effectively reduce community violence.
Efforts to ensure public safety and reduce community violence may also
be carried out collaboratively and in partnership with law enforcement,
where appropriate, to build safer, thriving communities.
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\8\ The White House. FACT SHEET: Biden-Harris Administration
Announces Initial Actions to Address the Gun Violence Public Health
Epidemic. Retrieved from: <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/07/fact-sheet-biden-harris-administration-announces-initial-actions-to-address-the-gun-violence-public-health-epidemic/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/07/fact-sheet-biden-harris-administration-announces-initial-actions-to-address-the-gun-violence-public-health-epidemic/</a>.
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Proposed Priorities
The Department proposes the following three priorities for this
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program. We may apply one or more of these priorities in any year in
which this program is in effect.
Proposed Priority 1--Addressing the Impacts of Community Violence.
Background: In Proposed Priority 1, the Department recognizes the
tremendous impact community violence has on the well-being of students.
Children and youth exposed to violence are at risk for poor long-term
behavioral and mental health outcomes regardless of whether they are
victims, justice-involved youth, direct witnesses, or hear about the
crime. For example, children and youth exposed to violence may
experience behavioral health challenges, depression, anxiety, and post-
traumatic stress disorder, which can negatively affect educational
outcomes. Children and youth exposed to violence may also show
increased signs of aggression starting in upper-elementary school.\9\
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\9\ U.S. Department of Health and Human Services, Crime and
Violence--Healthy People 2030. Retrieved from: <a href="https://health.gov/healthypeople/objectives-and-data/social-determinants-health/literature-summaries/crime-and-violence">https://health.gov/healthypeople/objectives-and-data/social-determinants-health/literature-summaries/crime-and-violence</a>.
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Schools are often the center of the community for students and
their families, providing students with the resources and referrals
they need to meet their full potential. Consequently, the needs of
children and youth often are best met through cross-agency
collaboration and partnerships between schools and organizations in the
community. Consistent with the Secretary's vision for community
engagement to advance systemic change, the Department would use this
priority to emphasize the importance and efficacy of a coordinated
effort between schools and communities to lessen the short- and long-
term effects that community violence has on students.
Proposed Priority: Projects that implement community- and school-
based strategies to help prevent community violence and mitigate the
impacts of children and youth's exposure to community violence in
collaboration with local community-based organizations (e.g., local
civic or community service organizations, local faith-based
organizations, or local foundations or non-profit organizations) and
include community and family engagement in the implementation of the
strategies.
Proposed Priority 2--Established Partnership with a Local
Community-Based Organization.
Background: As described in the background to Proposed Priority 1,
the needs of children and youth often are often best met through cross-
agency collaboration and partnerships between schools and organizations
in the community. In forging this collaboration, the Department places
specific emphasis on the importance of structured and defined
partnerships to efficiently and effectively implement community- and
school-based intervention strategies to help prevent community violence
and mitigate the impacts of exposures to community violence. In
particular, memorandums of agreement (MOA) and memorandums of
understanding (MOUs) signed by the authorized representative of a local
community-based organization elevate the level of partnership between
an LEA and a partner organization by clearly defining the roles,
responsibilities, and resources that each entity will bring to the
partnership.
We may use this priority as a complement to Proposed Priority 1 or
other priorities for this program, or as a stand-alone priority.
Proposed Priority: An application that includes at least one
memorandum of agreement (MOA) or memorandum of understanding (MOU)
signed by the authorized representative of a local community-based
organization that agrees to partner with the applicant on the proposed
project and provide resources or administer services that are likely to
substantially contribute to positive outcomes for the proposed project.
The MOA or MOU must clearly delineate the roles and responsibilities of
each entity.
Proposed Priority 3--Supporting Children and Youth from Low-Income
Backgrounds.
Background: The neighborhoods where children and youth live and go
to school can have a major impact on their health and well-being. Many
children and youth in the United States live in neighborhoods with high
rates of, and prevalence of risk factors associated with, violence-
related injuries and deaths, crime, poverty, and other health and
safety risks. Students from low-income backgrounds are more likely to
live in places with these risks.\10\ In a study that examined the
characteristics of school shootings, the Government Accountability
Office found that the number of school shootings generally increased
relative to school poverty level.\11\ Proposed Priority 3 is intended
to allow the Department to support activities in LEAs that experience
and are impacted by community violence at a disproportionate rate.
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\10\ U.S. Department of Health and Human Services, Neighborhood
and Built Environment--Healthy People 2030. Retrieved from: <a href="https://health.gov/healthypeople/objectives-and-data/browse-objectives/neighborhood-and-built-environment">https://health.gov/healthypeople/objectives-and-data/browse-objectives/neighborhood-and-built-environment</a>.
\11\ U.S. Government Accountability Office, Characteristics of
School Shootings. Retrieved from: <a href="https://www.gao.gov/assets/gao-20-455.pdf">https://www.gao.gov/assets/gao-20-455.pdf</a>.
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Proposed Priority: In its application, an applicant must
demonstrate, based on Small Area Income and Poverty Estimates (SAIPE)
data from the U.S. Census Bureau or, for an LEA for which SAIPE data
are not available, the same State-derived equivalent of SAIPE data that
the State uses to make allocations under part A of title I of the
Elementary and Secondary Education Act of 1965, as amended (ESEA), one
or more of the following:
(a) At least 25 percent of the students enrolled in the LEA to be
served by the proposed project are from families with an income below
the poverty line.
(b) At least 30 percent of the students enrolled in the LEA to be
served by the proposed project are from families with an income below
the poverty line.
(c) At least 35 percent of the students enrolled in the LEA to be
served by the proposed project are from families with an income below
the poverty line.
(d) At least 40 percent of the students enrolled in the LEA to be
served by the proposed project are from families with an income below
the poverty line.
(e) At least 45 percent of the students enrolled in the LEA to be
served by the proposed project are from families with an income below
the poverty line.
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)).
Proposed Requirements
The Department proposes the following program requirement and
[[Page 4525]]
application requirements for this program. We may apply one or more of
these requirements in any year in which the program is in effect.
Proposed Program Requirement:
Eligible Applicants: Eligible applicants for this program are local
educational agencies (LEAs), as defined in 20 U.S.C. 7801(30).
Proposed Application Requirements:
(a) Severity and magnitude of the problem; identification of
schools to be served by the proposed project. Applicants must--
(1) Identify the schools proposed to be served by project
activities;
(2) Describe the community violence that affects students in those
schools, including collaborating and coordinating with organizations
and law enforcement (where appropriate), and with other organizations
to utilize data and information such as incidents of community
violence, gun crime and other violent crime, rates of child abuse and
neglect, and other school and community crime and safety data,
including on a per capita basis (such as homicides per 100,000
persons); prevalence of risk factors associated with violence-related
injuries and deaths; findings from student mental health screenings or
assessments, school climate surveys, and student engagement surveys;
demographic data provided by U.S. Census surveys; and other relevant
data and information; and
(3) Provide a comparison of the school and community data cited to
similar data at the State or local level, if available.
(b) Collaboration and coordination with community-based
organizations. Applicants must--
(1) Describe how they intend to work collaboratively with
community-based organizations to achieve project goals and objectives;
(2) Provide evidence of collaboration and coordination through
letters of support, memoranda of agreement, or memoranda of
understanding from at least one community-based organization; and
(3) Describe how they will use grant program funds to supplement,
rather than supplant, existing or new efforts to reduce community
violence and mitigate the direct and indirect effects of community
violence on students.
(c) Project activities. Applicants must propose to conduct three or
more of the following:
(1) Appropriately tailored professional development opportunities
for LEA and school mental health staff (e.g., counselors,
psychologists, and social workers), other specialized instructional
support personnel, and other school staff, as appropriate, on how to
screen for and respond to violence-related trauma and implement
appropriate school-based interventions to help prevent community
violence and mitigate the impacts of children and youth's exposure to
community violence.
(2) Activities designed to improve the range, availability, and
quality of school-based mental health services by hiring school and
clinical psychologists, school counselors, or school social workers
with expertise or training in violence prevention, trauma-informed
care, and healing-centered strategies, and qualified to respond to the
mental and behavioral health needs of students who have experienced
trauma as a result of exposure to community violence.
(3) Training for school staff (e.g., teachers, administrators,
specialized instructional support personnel, and support staff),
community partners, youth, and families on the effects of exposure to
community violence, the importance of screening students, and how to
screen and provide interventions to students exposed to community
violence.
(4) Developing or improving processes to better target services to
students who are exposed to community violence and to assess such
students who may be experiencing mental, social, emotional, or
behavioral challenges.
(5) Enhancing linkages between LEA mental health services and
community mental health systems to help ensure affected students
receive referrals to treatment as appropriate.
(6) Undertaking activities in collaboration and coordination with
law enforcement to address community violence affecting students, to
support victims' rights, and to promote public safety.
(d) Evidence-based, culturally competent, and developmentally
appropriate programs and practices. Applicants must--
(1) Describe the continuum of evidence-based, culturally competent,
and developmentally appropriate (as defined in 34 CFR 77.1(c)) programs
and practices that will be implemented at the school and community
level and how these programs and practices will be organized to provide
differentiated support based on student need, to help break the cycle
of community violence. These programs and practices must include all of
the following:
(i) Interventions and activities that are available to all students
in a school with the goal of preventing negative or violent behavior
(such as harassment, bullying, fighting, gang participation, sexual
assault, and substance abuse) and enhancing student knowledge and
interpersonal and emotional skills regarding positive behavior (such as
communication and problem-solving, empathy, and conflict management,
de-escalation, and mediation).
(ii) Interventions and activities related to positive coping
techniques, anger management, conflict management, de-escalation, and
mediation, promotion of positive behavior, and development of
protective factors.
(iii) Interventions and services, such as mentorship programming,
that target individual students who are at a higher risk for committing
or being a victim of violence.
(2) Describe the research and evidence supporting the proposed
programs and practices and the expected effects on the target
population.
(e) Framework for planning, implementation, and sustainability.
Applicants must--
(1) Describe how the proposed project is integrated and aligned
with the mission and vision of the LEA, including a description of the
relationship of the project to the LEA's existing school safety or
related plan;
(2) Describe the anticipated challenges to success of the project
and how they will be addressed, such as sustaining project
implementation beyond the availability of grant funds and mitigating
turnover at the LEA leadership, school leadership, and staff levels;
and
(3) Include a timeline of activities for--
(i) Planning that includes: Conducting a needs assessment that is
comprehensive and examines areas for improvement, both within the
school and the community, related to learning conditions that create a
safe and healthy environment for students; creating a logic model (as
defined in 34 CFR 77.1); completing resource mapping; selecting
evidence-based, culturally competent, and developmentally appropriate
programs; developing evaluation plans; and engaging community and
school partners, families, and other stakeholders;
(ii) Implementation that includes: Training on and execution of
evidence-based, culturally competent, and developmentally appropriate
programs; continuing engagement with stakeholders; communicating and
collaborating strategically with community partners; and evaluating
program implementation; and
(iii) Sustainability that includes: Further developing and
expanding on the project's successes beyond the end of the grant, at
the school and
[[Page 4526]]
community levels, in alignment with other related efforts.
(f) Planning period. Projects funded under this program may use up
to 12 months during the first year of the project period for program
planning. Applicants that propose a planning period must provide
sufficient justification for why this program planning time is
necessary, provide the intended outcomes of program planning in Year 1,
and include a description of the proposed strategies and activities to
be supported.
Proposed Definition
The Department proposes to establish a definition of ``community
violence'' for use in this program. We may apply it in any year in
which this program is in effect.
Community violence means firearm injuries, assaults, homicides, and
other acts of interpersonal violence committed outside the context of a
familial or romantic relationship.
Final Priorities, Requirements, and Definition: We will announce
the final priorities, requirements, and definition in a document
published in the Federal Register. We will determine the final
priorities, requirements, and definition after considering responses to
the proposed priorities, requirements, and definition and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements,
definitions, or selection criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit applications. In any year
in which we choose to use the priorities, requirements, and
definition, we invite applications through a notice inviting
applications in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (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 proposed 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 proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only on 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 the proposed priorities, requirements, and
definition only on a reasoned determination that their benefits would
justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that would maximize net
benefits. Based on an analysis of anticipated costs and benefits, we
believe that the proposed priorities, requirements, and definition are
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 the 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.
Potential Costs and Benefits
The Department believes that this proposed regulatory action would
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 proposed priorities, requirements, and
definition would not impose any particular burden except when an entity
voluntarily elects to apply for a grant. The proposed priorities,
requirements, and definition would help ensure that the Project Prevent
grants program selects high-quality applicants to implement activities
that meet the goals of the program. We believe these benefits would
outweigh any associated costs.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make the proposed
priorities, requirements, and definition easier to understand,
including answers to questions such as the following:
<bullet> Are the requirements in the proposed regulations clearly
stated?
<bullet> Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
<bullet> Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
[[Page 4527]]
<bullet> Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
<bullet> Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
<bullet> What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make the
proposed priorities, requirements, and definition easier to understand,
see the instructions in the ADDRESSES section.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
The Secretary certifies that this proposed regulatory action would
not have a significant economic impact on a substantial number of small
entities. The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant in their field of operation, and
have total annual revenue below $7,000,000. Nonprofit institutions are
defined as small entities if they are independently owned and operated
and not dominant in their field of operation. Public institutions are
defined as small organizations if they are operated by a government
overseeing a population below 50,000.
The small entities that this proposed regulatory action would
affect are LEAs. Of the impacts we estimate accruing to grantees or
eligible entities, all are voluntary. Therefore, we do not believe that
the proposed priorities, requirements, 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
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. 3501 et seq.). This helps ensure that the public
understands the Department's collection instructions, respondents
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 proposed requirements contain information collection
requirements. Under the PRA the Department has submitted these
requirements to OMB for its review.
A Federal agency may not conduct or sponsor a collection of
information unless OMB approves the collection under the PRA and the
corresponding information collection instrument displays a currently
valid OMB control number. Notwithstanding any other provision of the
law, no person is required to comply with, or is subject to penalty for
failure to comply with, a collection of information if the collection
instrument does not display a currently valid OMB control number.
In the notice of final priorities, requirements, and definition we
will display the control number assigned by OMB to any information
collection proposed in this document and adopted in the notice of final
priorities, requirements, and definition.
For the years that the Department holds a Project Prevent grant
competition, we estimate 150 LEAs will apply and submit an application.
We estimate that it will take each LEA 40 hours to complete and submit
the application, including time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. The total
burden hour estimate for this collection is 6,000 hours. At $97.28 per
hour (using mean wages for Education and Childcare Administrators \12\
and assuming the total cost of labor, including benefits and overhead,
is equal to 200 percent of the mean wage rate), the total estimated
cost for 150 LEAs to complete the Project Prevent application is
approximately $583,680.
---------------------------------------------------------------------------
\12\ See <a href="http://www.bls.gov/oes/current/oes_nat.htm">http://www.bls.gov/oes/current/oes_nat.htm</a>.
---------------------------------------------------------------------------
Consistent with 5 CFR 1320.8(d), the Department is soliciting
comments on the information collection. We must receive your comments
on the collection activities contained in these proposed priorities,
requirements, and definition on or before February 28, 2022. Comments
related to the information collection activities must be submitted
electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a> by selecting the Docket ID number ED-2021-OESE-0122
or via postal mail, commercial delivery, or hand delivery by
referencing the Docket ID number and the title of the information
collection request at the top of your comment. Comments submitted by
postal mail or delivery should be addressed to the PRA Coordinator of
the Strategic Collections and Clearance Governance and Strategy
Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room
6W208D, Washington, DC 20202-8240.
Note: The Office of Information and Regulatory Affairs and the
Department review all comments related to the information collection
activities posted at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Collection of Information
----------------------------------------------------------------------------------------------------------------
Estimated Estimated cost
Information collection activity number of Hours per Total estimated at an hourly
responses response burden hours rate of $97.28
----------------------------------------------------------------------------------------------------------------
Project Prevent Application................. 150 40 6,000 $583,680
----------------------------------------------------------------------------------------------------------------
We consider your comments on this proposed collection of
information in--
<bullet> Deciding whether the proposed collection is necessary for
the proper performance of our functions, including
[[Page 4528]]
whether the information will have practical use;
<bullet> Evaluating the accuracy of our estimate of the burden of
the proposed collection, including the validity of our methodology and
assumptions;
<bullet> Enhancing the quality, usefulness, and clarity of the
information we collect; and
<bullet> Minimizing the burden on those who must respond. This
includes exploring the use of appropriate automated, electronic,
mechanical, or other technological collection techniques.
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 the 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. 2022-01611 Filed 1-27-22; 8:45 am]
BILLING CODE 4000-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.