Notice2022-11634
Applications for New Awards; Assistance for Arts Education Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 31, 2022
Issuing agencies
Education Department
Abstract
The Department of Education is issuing a notice inviting applications for new awards for fiscal year (FY) 2022 for the Assistance for Arts Education (AAE) program, Assistance Listing Number 84.351A. This notice relates to the approved information collection under OMB control number 1894-0006.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32399-32405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11634]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Assistance for Arts Education
Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education is issuing a notice inviting
applications for new awards for fiscal year (FY) 2022 for the
Assistance for Arts Education (AAE) program, Assistance Listing Number
84.351A. This notice relates to the approved information collection
under OMB control number 1894-0006.
DATES:
Applications Available: May 31, 2022.
Deadline for Transmittal of Applications: June 30, 2022.
Deadline for Intergovernmental Review: August 29, 2022.
Preapplication Presentation Information: The Department will post a
preapplication presentation for prospective applicants. To access the
preapplication presentation, visit the AAE program website at: <a href="https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/well-rounded-education-programs/assistance-for-arts-education/">https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/well-rounded-education-programs/assistance-for-arts-education/</a>.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on December 27, 2021
[[Page 32400]]
(86 FR 73264) and available at <a href="http://www.federalregister.gov/d/2021-27979">www.federalregister.gov/d/2021-27979</a>.
Please note that these Common Instructions supersede the version
published on February 13, 2019, and, in part, describe the transition
from the requirement to register in <a href="http://SAM.gov">SAM.gov</a> a Data Universal Numbering
System (DUNS) number to the implementation of the Unique Entity
Identifier (UEI). More information on the phase-out of DUNS numbers is
available at <a href="https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf">https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf</a>.
FOR FURTHER INFORMATION CONTACT: Asheley McBride or Sharon Burton, U.S.
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-
6450. Telephone: 202-987-1679. Email:
<a href="/cdn-cgi/l/email-protection#f5b486869c8681949b9690939a87b4878186b091809694819c9a9bb59091db929a83"><span class="__cf_email__" data-cfemail="5c1d2f2f352f283d323f393a332e1d2e282f1938293f3d283533321c3938723b332a">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The AAE program includes the Arts in Education
National Program (AENP) and is authorized under Title IV, part F,
subpart 4 of the Elementary and Secondary Education Act of 1965, as
amended (ESEA). In general, the purpose of the AAE program is to
promote arts (as defined in this notice) education for students,
including disadvantaged students and students who are children with
disabilities (as defined in this notice). Specifically, the AENP
supports national-level (as defined in this notice), high-quality arts
education projects and services for children and youth, with special
emphasis on serving children from low-income families (as defined in
this notice) and children with disabilities through community and
national outreach activities that strengthen and expand partnerships
among schools, local educational agencies (LEAs), communities, or
centers for the arts, including national centers for the arts.
Background: The ESEA authorizes activities under the AAE program
that enrich the academic experience of students by promoting arts
education. In FY 2021, the Department offered the AAE program as one
grant program. In prior years, the Department held three separate grant
competitions under section 4642 of the ESEA: Arts in Education
Development and Dissemination (AAEDD), Professional Development for
Arts Educators (PDAE), and AENP.
The Consolidated Appropriations Act, 2022 includes language
directing the Department ``to carry out a separate competition for
eligible national nonprofit organizations, as described in the
Applications for New Awards; Assistance for Arts Education Program--
Arts in Education National Program published in the Federal Register on
May 7, 2018 [83 FR 20056], for activities described under section
4642(a)(1)(C)'' of the ESEA. In addition, the Explanatory Statement for
Division H of the Consolidated Appropriations Act, 2022 (Pub. L. 117-
103) (2022 Appropriations Explanatory Statement) includes language
directing the Department to award prior experience points for past AENP
grantees.
Priorities: This notice includes one absolute priority and one
competitive preference priority. We are establishing these priorities
for the FY 2022 grant competition and any subsequent year in which we
make awards from the list of unfunded applications from this
competition in accordance with section 437(d)(1) of the General
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
Absolute Priority: For FY 2022 and any subsequent year in which we
make awards from the list of unfunded applications from this
competition, this priority is an absolute priority. Under 34 CFR
75.105(c)(3) we consider only applications that meet this priority.
This priority is:
One or more high-quality arts education projects that (1) support
community and national outreach activities that strengthen and expand
partnerships among schools, LEAs, communities, or centers for the arts,
including national centers for the arts; (2) are designed to implement,
or expand, initiatives in arts education and arts integration; and (3)
have a special emphasis on serving children from low-income families
and children with disabilities. To meet part 3 of this priority,
applicants must submit supporting data identifying the population of
students that meets the definition of ``child from a low-income
family'' and the population of students that meets the definition of
``child with a disability.''
Competitive Preference Priority: This priority is a competitive
preference priority. Under 34 CFR 75.105(c)(2)(i), we award an
additional 10 points to an application that meets this priority.
This priority is:
The Department gives priority to an eligible national nonprofit
organization that has previously implemented a large-scale AENP
project. (0 or 10 points)
Definitions: For the FY 2022 grant competition and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, we are establishing the definitions of ``arts,''
``arts educator,'' ``arts integration,'' and ``child from a low-income
family'' in accordance with section 437(d)(1) of GEPA, 20 U.S.C.
1232(d)(1). The definitions of ``child with a disability'' and ``local
educational agency'' are from section 8101 of the ESEA (20 U.S.C.
7801). The definition of ``eligible national nonprofit organization''
is from section 4642 of the ESEA (20 U.S.C. 7292). The definitions of
``demonstrates a rationale,'' ``experimental study,'' ``logic model,''
``national level,'' ``project component,'' ``promising evidence,''
``quasi-experimental design study,'' ``relevant outcome,'' and ``What
Works Clearinghouse Handbooks (WWC Handbooks)'' are from 34 CFR
77.1(c).
Arts means music, dance, theater, media arts, and visual arts,
including folk arts.
Arts educator means a teacher or other instructional staffer who
works in music, dance, theater, media arts, or visual arts, including
folk arts.
Arts integration means strengthening the (1) use of high-quality
arts instruction in other academic/content areas, and (2) place of the
arts as a part of a well-rounded education.
Child from a low-income family means a child who is determined by a
State or LEA to be a child, in prekindergarten through grade 12, (a)
who is in poverty according to the most recent census data, (b) who is
eligible for free or reduced-price lunches under the Richard B. Russell
National School Lunch Act, (c) whose family is receiving assistance
under the State program funded under part A of title IV of the Social
Security Act, (d) who is eligible to receive medical assistance under
the Medicaid program, or (e) who is in poverty under a composite of
such indicators.
Child with a disability (or children with disabilities) means--
(1) A child--
(i) With intellectual disabilities, hearing impairments (including
deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance (referred to in
the IDEA as ``emotional disturbance''), orthopedic impairments, autism,
traumatic brain injury, other health impairments, or specific learning
disabilities; and
(ii) Who, by reason thereof, needs special education and related
services.
(2) The term ``child with a disability,'' for a child aged three
through nine (or
[[Page 32401]]
any subset of that age range, including ages three through five), may,
at the discretion of the State and the LEA, include a child--
(i) Experiencing developmental delays, as defined by the State and
as measured by appropriate diagnostic instruments and procedures, in
one or more of the following areas: Physical development; cognitive
development; communication development; social or emotional
development; or adaptive development; and
(ii) Who, by reason thereof, needs special education and related
services. (Section 8101(4) of the ESEA).
Demonstrates a rationale means a key project component included in
the project's logic model is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes.
Eligible national nonprofit organization means an organization of
national scope that--
(1) Is supported by staff, which may include volunteers, or
affiliates at the State and local levels; and
(2) Demonstrates effectiveness or high-quality plans for addressing
arts education activities for disadvantaged students or students who
are children with disabilities.
Experimental study means a study that is designed to compare
outcomes between two groups of individuals (such as students) that are
otherwise equivalent except for their assignment to either a treatment
group receiving a project component or a control group that does not.
Randomized controlled trials, regression discontinuity design studies,
and single-case design studies are the specific types of experimental
studies that, depending on their design and implementation (e.g.,
sample attrition in randomized controlled trials and regression
discontinuity design studies), can meet What Works Clearinghouse (WWC)
standards without reservations as described in the WWC Handbooks (as
defined in this notice):
(i) A randomized controlled trial employs random assignment of, for
example, students, teachers, classrooms, or schools to receive the
project component being evaluated (the treatment group) or not to
receive the project component (the control group).
(ii) A regression discontinuity design study assigns the project
component being evaluated using a measured variable (e.g., assigning
students reading below a cutoff score to tutoring or developmental
education classes) and controls for that variable in the analysis of
outcomes.
(iii) A single-case design study uses observations of a single case
(e.g., a student eligible for a behavioral intervention) over time in
the absence and presence of a controlled treatment manipulation to
determine whether the outcome is systematically related to the
treatment.
Local educational agency means:
(1) In general--The term ``local educational agency'' means a
public board of education or other public authority legally constituted
within a State for either administrative control or direction of, or to
perform a service function for, public elementary schools or secondary
schools in a city, county, township, school district, or other
political subdivision of a State, or of or for a combination of school
districts or counties that is recognized in a State as an
administrative agency for its public elementary schools or secondary
schools.
(2) Administrative Control and Direction--The term includes any
other public institution or agency having administrative control and
direction of a public elementary school or secondary school.
(3) Bureau of Indian Education Schools--The term includes an
elementary school or secondary school funded by the Bureau of Indian
Education but only to the extent that including the school makes the
school eligible for programs for which specific eligibility is not
provided to the school in another provision of law and the school does
not have a student population that is smaller than the student
population of the LEA receiving assistance under the ESEA with the
smallest student population, except that the school shall not be
subject to the jurisdiction of any State educational agency other than
the Bureau of Indian Education.
(4) Educational Service Agencies--The term includes educational
service agencies and consortia of those agencies.
(5) State Educational Agency--The term includes the State
educational agency in a State in which the State educational agency is
the sole educational agency for all public schools.
Logic model (also referred to as a theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes.
National level describes the level of scope or effectiveness of a
process, product, strategy, or practice that is able to be effective in
a wide variety of communities, including rural and urban areas, as well
as with different groups (e.g., economically disadvantaged, racial and
ethnic groups, migrant populations, individuals with disabilities,
English learners, and individuals of each gender).
Project component means an activity, strategy, intervention,
process, product, practice, or policy included in a project. Evidence
may pertain to an individual project component or to a combination of
project components (e.g., training teachers on instructional practices
for English learners and follow-on coaching for these teachers).
Promising evidence means that there is evidence of the
effectiveness of a key project component in improving a relevant
outcome, based on a relevant finding from one of the following:
(i) A practice guide prepared by WWC reporting a ``strong evidence
base'' or ``moderate evidence base'' for the corresponding practice
guide recommendation;
(ii) An intervention report prepared by the WWC reporting a
``positive effect'' or ``potentially positive effect'' on a relevant
outcome with no reporting of a ``negative effect'' or ``potentially
negative effect'' on a relevant outcome; or
(iii) A single study assessed by the Department, as appropriate,
that--
(A) Is an experimental study, a quasi-experimental design study, or
a well-designed and well-implemented correlational study with
statistical controls for selection bias (e.g., a study using regression
methods to account for differences between a treatment group and a
comparison group); and
(B) Includes at least one statistically
significant and positive (i.e., favorable) effect on a relevant
outcome.
Quasi-experimental design study means a study using a design that
attempts to approximate an experimental study by identifying a
comparison group that is similar to the treatment group in important
respects. This type of study, depending on design and implementation
(e.g., establishment of baseline equivalence of the groups being
compared), can meet WWC standards with reservations, but cannot meet
WWC standards without reservations, as described in the WWC Handbooks.
Relevant outcome means the student outcome(s) or other outcome(s)
the key project component is designed to improve, consistent with the
specific goals of the program.
[[Page 32402]]
What Works Clearinghouse Handbooks (WWC Handbooks) means the
standards and procedures set forth in the WWC Standards Handbook,
Versions 4.0 or 4.1, and WWC Procedures Handbook, Versions 4.0 or 4.1,
or in the WWC Procedures and Standards Handbook, Version 3.0 or Version
2.1 (all incorporated by reference, see Sec. 77.2). Study findings
eligible for review under WWC standards can meet WWC standards without
reservations, meet WWC standards with reservations, or not meet WWC
standards. WWC practice guides and intervention reports include
findings from systematic reviews of evidence as described in the WWC
Handbooks documentation.
Waiver of Proposed Rulemaking: Under the Administrative Procedure
Act (5 U.S.C. 553), the Department generally offers interested parties
the opportunity to comment on proposed priorities and definitions.
Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from
rulemaking requirements regulations governing the first grant
competition under a new or substantially revised program authority.
This is the first grant competition for this program under the
Consolidated Appropriations Act, 2022 and, therefore, qualifies for
this exemption. In order to ensure timely grant awards, the Secretary
has decided to forgo public comment on the priorities and definitions
under section 437(d)(1) of GEPA. These priorities and definitions will
apply to the FY 2022 grant competition and any subsequent year in which
we make awards from the list of unfunded applications from this
competition.
Program Authority: Consolidated Appropriations Act, 2022.
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The regulations for this program in 34 CFR part 299.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $8,000,000.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in subsequent years from
the list of unfunded applications from this competition.
Estimated Average Size of Awards: $8,000,000.
Estimated Number of Awards: 1.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 36 months.
III. Eligibility Information
1. Eligible Applicants: Eligible national nonprofit organizations.
Note: If you are a nonprofit organization, under 34 CFR 75.51, you
may demonstrate nonprofit status by providing (1) proof that the
Internal Revenue Service currently recognizes the applicant as an
organization to which contributions are tax deductible under section
501(c)(3) of the Internal Revenue Code; (2) a statement from a State
taxing body or the State attorney general certifying that the
organization is a nonprofit organization operating within the State and
that no part of its net earnings may lawfully benefit any private
shareholder or individual; (3) a certified copy of the applicant's
certificate of incorporation or similar document if it clearly
establishes the nonprofit status of the applicant; or (4) any item
described above if that item applies to a State or national parent
organization, together with a statement by the State or parent
organization that the applicant is a local nonprofit affiliate.
2. a. Cost Sharing or Matching: This competition does not require
cost sharing or matching.
b. Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. Under section 4642(b)(2) of the
ESEA, funds must be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under this
program (20 U.S.C. 1221e-3, 3474, and 6511(a)). Accordingly, grantees
must comply with 34 CFR 76.564 through 76.569, which apply to agencies
of State and local governments that are grantees under programs with a
statutory requirement prohibiting the use of Federal funds to supplant
non-Federal funds.
c. Indirect Cost Rate Information: This competition uses a
restricted indirect cost rate. For more information regarding indirect
costs, or to obtain a negotiated indirect cost rate, please see
<a href="http://www2.ed.gov/about/offices/list/ocfo/intro.html">www2.ed.gov/about/offices/list/ocfo/intro.html</a>.
d. Administrative Cost Limitation: This competition does not
include any program-specific limitation on administrative expenses. All
administrative expenses must be reasonable and necessary and conform to
Cost Principles described in 2 CFR part 200 subpart E of the Uniform
Guidance.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on December 27, 2021 (86 FR 73264) and available at
<a href="http://www.federalregister.gov/d/2021-27979">www.federalregister.gov/d/2021-27979</a>, which contain requirements and
information on how to submit an application. Please note that these
Common Instructions supersede the version published on February 13,
2019, and, in part, describe the transition from the requirement to
register in <a href="http://SAM.gov">SAM.gov</a> a DUNS number to the implementation of the UEI.
More information on the phase-out of DUNS numbers is available at
<a href="https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf">https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf</a>.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the AAE program, your
application may include business information that you consider
proprietary. In 34 CFR 5.11 we define ``business information'' and
describe the process we use in determining whether any of that
information is proprietary and, thus, protected from disclosure under
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as
amended).
Because we plan to make the successful application available to the
public, you may wish to request confidentiality of business
information.
Consistent with Executive Order 12600, please designate in your
application any information that you believe is exempt from disclosure
under Exemption 4. In the appropriate Appendix section of your
application,
[[Page 32403]]
under ``Other Attachments Form,'' please list the page number or
numbers on which we can find this information. For additional
information please see 34 CFR 5.11(c).
3. Intergovernmental Review: This competition is subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
Information about Intergovernmental Review of Federal Programs under
Executive Order 12372 is in the application package for this
competition.
4. Funding Restrictions: We reference regulations outlining funding
restrictions in the Applicable Regulations section of this notice.
5. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than 25 pages and (2) use the
following standards:
<bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
<bullet> Double-space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
<bullet> Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
<bullet> Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
The recommended page limit does not apply to the cover sheet; the
budget section, including the narrative budget justification; the
assurances and certifications; or the one-page abstract, resumes,
bibliography, logic model, or letters of support. However, the
recommended page limit does apply to all of the application narrative.
Note: The applicant should include, as an attachment, the logic
model used to address selection criterion (b)(2)(iv).
6. Notice of Intent to Apply: The Department will be able to review
grant applications more efficiently if we know the approximate number
of applicants that intend to apply. Therefore, we strongly encourage
each potential applicant to notify us of their intent to submit an
application. To do so, please email the program contact person listed
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to
Apply,'' and include the applicant's name and a contact person's name
and email address. Applicants that do not submit a notice of intent to
apply may still apply for funding; applicants that do submit a notice
of intent to apply are not bound to apply or bound by the information
provided.
V. Application Review Information
1. Selection Criteria: Under the Quality of the Project Design
selection criterion, factors (a) and (b)(2)(i) are consistent with
section 4642 of the ESEA. The rest of the selection criteria for this
competition are from 34 CFR 75.210.
The points assigned to each criterion are indicated in the
parentheses next to the criterion. An applicant may earn up to a total
of 100 points based on the selection criteria for the application.
(a) Significance (up to 20 points).
(1) The Secretary considers the significance of the proposed
project.
(2) In determining the significance of the proposed project, the
Secretary considers the following factors:
(i) The national significance of the proposed project.
(ii) The extent to which the results of the proposed project are to
be disseminated in ways that will enable others to use the information
or strategies.
(iii) The importance or magnitude of the results or outcomes likely
to be attained by the proposed project, especially improvements in
teaching and student achievement.
(b) Quality of project design (up to 35 points).
(1) The Secretary considers the quality of the design of the
proposed project.
(2) In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(i) The extent to which the proposed project will provide community
and national outreach activities that strengthen and expand
partnerships among schools, LEAs, communities, or centers for the arts,
including national centers for the arts.
(ii) The extent to which the proposed project is appropriate to,
and will successfully address, the arts education needs of pre-
kindergarten-through-grade-12 children and youth, with special emphasis
on serving children from low-income families and children with
disabilities;
(iii) The extent to which the proposed project will integrate with
or build on similar or related efforts to improve relevant outcomes (as
defined in this notice), using existing funding streams from other
programs or policies supported by community, State, and Federal
resources.
(iv) The extent to which the proposed project demonstrates a
rationale (as defined in this notice).
(c) Quality of project services (up to 25 points).
(1) The Secretary considers the quality of the services to be
provided by the proposed project.
(2) In determining the quality of the services to be provided by
the proposed project, the Secretary considers the quality and
sufficiency of strategies for ensuring equal access and treatment for
eligible project participants who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability.
(3) In addition, the Secretary considers the following factors:
(i) The likely impact of the services to be provided by the
proposed project on the intended recipients of those services.
(ii) The extent to which the training or professional development
services to be provided by the proposed project are of sufficient
quality, intensity, and duration to lead to improvements in practice
among the recipients of those services.
(iii) The extent to which the services to be provided by the
proposed project involve the collaboration of appropriate partners for
maximizing the effectiveness of project services.
(d) Quality of the project evaluation (up to 20 points).
(1) The Secretary considers the quality of the evaluation to be
conducted of the proposed project.
(2) In determining the quality of the evaluation, the Secretary
considers the following factors:
(i) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and will produce quantitative and
qualitative data to the extent possible.
(ii) The extent to which the methods of evaluation will provide
performance feedback and permit periodic assessment of progress toward
achieving intended outcomes.
(iii) The extent to which the methods of evaluation will, if well
implemented, produce promising evidence (as defined in this notice)
about the project's effectiveness.
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also
[[Page 32404]]
consider whether the applicant failed to submit a timely performance
report or submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
5. In General: In accordance with the Office of Management and
Budget's guidance located at 2 CFR part 200, all applicable Federal
laws, and relevant Executive guidance, the Department will review and
consider applications for funding pursuant to this notice inviting
applications in accordance with--
(a) Selecting recipients most likely to be successful in delivering
results based on the program objectives through an objective process of
evaluating Federal award applications (2 CFR 200.205);
(b) Prohibiting the purchase of certain telecommunication and video
surveillance services or equipment in alignment with section 889 of the
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR
200.216);
(c) Providing a preference, to the extent permitted by law, to
maximize use of goods, products, and materials produced in the United
States (2 CFR 200.322); and
(d) Terminating agreements in whole or in part to the greatest
extent authorized by law if an award no longer effectuates the program
goals or agency priorities (2 CFR 200.340).
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive
grant funds must have a plan to disseminate these public grant
deliverables. This dissemination plan can be developed and submitted
after your application has been reviewed and selected for funding. For
additional information on the open licensing requirements please refer
to 2 CFR 3474.20.
4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to <a href="http://www.ed.gov/fund/grant/apply/appforms/appforms.html">www.ed.gov/fund/grant/apply/appforms/appforms.html</a>.
5. Performance Measures: For the purposes of Department reporting
under 34 CFR 75.110, the Department has established the following
performance measures for the AAE program: (1) The total number of
students who participate in arts education sponsored by the grantee;
(2) the number of teachers participating in the grantee's program who
receive professional development; (3) the total number of low-income
students who participate in arts education sponsored by the grantee;
and (4) the total number of children with disabilities who participate
in arts education sponsored by the grantee.
All grantees will be expected to submit an annual performance
report that includes data addressing these performance measures to the
extent that they apply to the grantee's project.
6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things: Whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, whether
the grantee has made substantial progress in achieving
[[Page 32405]]
the performance targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <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.
Ruth E. Ryder,
Deputy Assistant Secretary for Policy and Programs, Office of
Elementary and Secondary Education.
[FR Doc. 2022-11634 Filed 5-27-22; 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.