Notice2022-16966
Applications for Selection as a Performance Partnership Pilot; Performance Partnership Pilots for Disconnected Youth
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
August 8, 2022
Issuing agencies
Education Department
Abstract
The Department of Education (ED or Department) is issuing a notice inviting applications for selection as a performance partnership pilot for fiscal year (FY) 2022 under the Performance Partnership Pilots for Disconnected Youth (P3) authority. This notice relates to the approved information collection under OMB control number 1830-0575.
Full Text
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<title>Federal Register, Volume 87 Issue 151 (Monday, August 8, 2022)</title>
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[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48168-48174]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16966]
[[Page 48168]]
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DEPARTMENT OF EDUCATION
Applications for Selection as a Performance Partnership Pilot;
Performance Partnership Pilots for Disconnected Youth
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education (ED or Department) is issuing a
notice inviting applications for selection as a performance partnership
pilot for fiscal year (FY) 2022 under the Performance Partnership
Pilots for Disconnected Youth (P3) authority. This notice relates to
the approved information collection under OMB control number 1830-0575.
DATES: Deadline for Transmittal of Applications: October 7, 2022.
Deadline for Intergovernmental Review: December 6, 2022.
Deadline for Requests for Technical Assistance (optional):
September 7, 2022.
FOR FURTHER INFORMATION CONTACT: Braden Goetz, U.S. Department of
Education, 400 Maryland Avenue SW, Room 10401, Potomac Center Plaza,
Washington, DC 20202. Telephone: (202) 245-7405. Email:
<a href="/cdn-cgi/l/email-protection#01456872626e6f6f6462756465586e7475694164652f666e77"><span class="__cf_email__" data-cfemail="8dc9e4feeee2e3e3e8eef9e8e9d4e2f8f9e5cde8e9a3eae2fb">[email protected]</span></a>. Or Corinne Sauri, U.S. Department of
Education, 400 Maryland Avenue SW, Room 10362, Potomac Center Plaza,
Washington, DC 20202. Telephone: (202) 245-6412.
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. Pilot Opportunity Description
Purpose of Program: P3 was first authorized by Congress in FY 2014
by the Consolidated Appropriations Act, 2014 (2014 Act), and the
authority has been included by Congress in appropriations acts each
year since FY 2014, most recently in the Consolidated Appropriations
Act, 2022 (Pub. L. 117-103) (2022 Act). The FY 2022 P3 authority
enables pilot sites to blend FY 2022 Federal funds and obtain waivers
of program requirements, including statutory, regulatory, and
administrative requirements that are barriers to achieving improved
outcomes for youth-serving programs included in the authority. Under
P3, pilots can test innovative strategies to achieve significant
improvements in educational, employment, and other key outcomes for
disconnected youth using the flexibility provided by P3.
Background:
The economic, educational, and social disruption caused by the
coronavirus disease 2019 (COVID-19) pandemic has erased a decade of
progress in reducing the percentage of young people ages 16 to 24 in
the United States who are neither employed nor enrolled in school, also
known as disconnected youth. Between 2010 and 2019, the percentage of
youth who were disconnected dropped 27 percent, falling from 14.7
percent to 10.7 percent. In 2020, however, the youth disconnection rate
jumped to 12.6 percent; more than 4.8 million young people were neither
in school nor working, and this population remains a critical area of
focus as the recovery from the pandemic continues.
There are large gaps in the percentage of young people ages 16 to
24 who are disconnected among different racial and ethnic groups. In
2020, the disconnection rate for white youth was 10.6 percent, while
the disconnection rates for Black, Hispanic, and Native American youth
were 19.6 percent, 14.0 percent, and 23.4 percent, respectively. While
the overall disconnection rate was lowest for Asian youth at 7.3
percent, there were high rates of disconnection among some Asian
subgroups, with 17.1 percent of Cambodian youth and 12.9 percent of
Hmong youth disconnected in 2020.\1\
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\1\ Lewis, Kristen (2022), A Disrupted Year: How the Arrival of
COVID-19 Affected Youth Disconnection. New York: Measure of America,
Social Science Research Council. Retrieved from: <a href="https://measureofamerica.org/youth-disconnection-2022/">https://measureofamerica.org/youth-disconnection-2022/</a>.
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Preventing and swiftly addressing youth disconnection when it
occurs is a priority because youth who drop out and never earn a high
school credential have higher rates of unemployment, lower earnings,
poorer health and higher rates of mortality, and are more likely to be
dependent on public assistance than those who earn a high school
credential.\2\ Interrupted or delayed schooling and employment also can
have long-lasting consequences. Youth whose completion of high school
is delayed are significantly less likely to enroll in postsecondary
education after they do earn their high school credential.\3\ Youth
whose enrollment in postsecondary education is delayed after high
school graduation are considerably more likely to drop out than peers
who enter college immediately following high school.\4\ They also earn
less as young adults, with one study estimating that those who delay
entry into postsecondary institutions earn $41,000 less during the
first 13 years after high school graduation than young adults who
enrolled in college the semester after high school graduation.\5\ A
prolonged spell of unemployment experienced by a young adult can have
an enduring negative consequence on his or her earnings that lasts as
long as nine years after he or she finds work.\6\
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\2\ Belfield, C. and Levin, H.M. Eds. (2007). The price we pay:
Economic and social consequences of inadequate education.
Washington, DC: Brookings Institution Press. Retrieved from: <a href="https://www.brookings.edu/book/the-price-we-pay/">https://www.brookings.edu/book/the-price-we-pay/</a>.
\3\ Fogg, N.P. and Harrington, P.E. (2015). From Diplomas to
Degrees: A Longitudinal Study of the College Enrollment and
Graduation Outcomes of High School Graduates from the School
District of Philadelphia. Philadelphia, PA: Drexel University Center
for Labor Markets and Policy. Retrieved from: https://drexel.edu/~/
media/Files/clmp/diplomas_to_degrees_full_report_2015.pdf.
\4\ Ibid., and Scott, M.A. and Kennedy, B.B. (2005), ``Pitfalls
in Pathways: Some Perspectives on Competing Risks Event History
Analysis in Education Research,'' Journal of Educational and
Behavioral Statistics, Winter, 2005, Vol. 30, No. 4 (Winter, 2005),
pp. 413-442. Retrieved from: <a href="https://www.jstor.org/stable/3701297">https://www.jstor.org/stable/3701297</a>.
\5\ Yuxin Lin, Y. and Ting Liu, V.Y. (2019), Timing Matters: How
Delaying College Enrollment Affects Earnings Trajectories, CCRC
Working Paper No. 105. New York, NY: Community College Research
Center. Retrieved from: <a href="https://ccrc.tc.columbia.edu/publications/delaying-college-enrollment-earnings-trajectories.html">https://ccrc.tc.columbia.edu/publications/delaying-college-enrollment-earnings-trajectories.html</a>.
\6\ Mroz, T.A. and Savage, T.H. (2006). The Long-Term Effects of
Youth Unemployment. The Journal of Human Resources, Spring, 2006,
Vol. 41, No. 2 (Spring, 2006), pp. 259-293. Retrieved from: <a href="https://www.jstor.org/stable/40057276">https://www.jstor.org/stable/40057276</a>.
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P3 may be a useful tool for advancing policy objectives in two
Executive Orders. President Biden committed the full resources of the
Federal government to reversing the economic crisis that was caused by
the COVID-19 pandemic and that continues to persist in some communities
of color. In Executive Order 14002, Economic Relief Related to the
COVID-19 Pandemic, he directed Federal agencies to consider actions
that improve access to, reduce unnecessary barriers to, and improve
coordination among programs funded in whole or in part by the Federal
Government.\7\
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\7\ <a href="https://www.federalregister.gov/documents/2021/01/27/2021-01923/economic-relief-related-to-the-covid-19-pandemic">https://www.federalregister.gov/documents/2021/01/27/2021-01923/economic-relief-related-to-the-covid-19-pandemic</a>.
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In Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government, the President
committed the Administration to a whole-of-government equity agenda to
address inequities and systemic racism. Federal agencies were
challenged to take a comprehensive approach to advancing equity for
all, including people of color and others who have been underserved,
marginalized, and adversely affected by persistent poverty
[[Page 48169]]
and inequality.\8\ Pursuant to Executive Order 13985, ED published its
inaugural equity action plan earlier this year. That plan makes
expanding access to and completion of an education beyond high school
an ED priority.\9\
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\8\ <a href="https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government">https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government</a>.
\9\ U.S. Department of Education (2022), 2022 Agency Equity Plan
related to Executive Order 13985. Retrieved from: <a href="https://www2.ed.gov/documents/equity/2022-equity-plan.pdf">https://www2.ed.gov/documents/equity/2022-equity-plan.pdf</a>.
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P3 gives ED, the Departments of Labor (DOL), Health and Human
Services (HHS), and Justice (DOJ),\10\ the Corporation for National and
Community Service (CNCS), and the Institute of Museum and Library
Services (collectively, the Agencies) authority, provided certain
conditions and requirements are met, to waive Federal statutory and
regulatory requirements that inhibit access to assistance and effective
service delivery for disconnected youth.
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\10\ DOJ's Office of Justice Programs was first authorized to
enter into performance agreements by the Consolidated and Further
Continuing Appropriations Act, 2015.
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P3 authorizes the Agencies to enter into Performance Partnership
Agreements (performance agreements) with State, local, or Tribal
governments. The performance agreements provide pilots with additional
flexibility in the use of certain of the Agencies' discretionary
funds,\11\ including competitive and formula grant funds. Pilots must
include two or more Federal programs (at least one of which is
administered in whole or in part by a State, local, or Tribal
government) that are targeted on disconnected youth, or designed to
prevent youth from disconnecting from school or work, and that provide
education, training, employment, and other related social services.
Entities that seek to participate in these pilots must commit to
achieving significant improvements in outcomes for disconnected youth
in exchange for flexibility permitted under P3. The authorizing statute
states that improving outcomes for disconnected youth means increasing
the rate at which those individuals between the ages of 14 and 24 who
are low-income and are either homeless, in foster care, involved in the
juvenile justice system, unemployed, or not enrolled in or at risk of
dropping out of an educational institution achieve success in meeting
educational, employment, or other key goals (2014 Act, section
526(a)(2)).
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\11\ For the purposes of P3, discretionary funds are funds that
Congress appropriates on an annual basis, rather than through a
standing authorization. They exclude ``entitlement'' (or mandatory)
programs, such as Social Security, Medicare, Medicaid, most Foster
Care IV-E programs, Vocational Rehabilitation State Grants, and
Temporary Assistance to Needy Families. Discretionary programs
administered by the Agencies support a broad set of public services,
including education, workforce development, health and mental
health, and other low-income assistance programs.
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This notice invites applications for selection as FY 2022 pilots
and offers opportunities for prospective applicants to obtain optional
technical assistance from the Agencies prior to applying. The purpose
of the pre-application technical assistance is to help prospective
applicants identify and propose to address--through waivers, blending
of funds, or other flexibilities--Federal barriers to effective and
integrated service delivery that will improve the educational and
employment outcomes of disconnected youth.
If interest in technical assistance exceeds the Agencies' capacity
to provide it, the Agencies will give first priority to assisting
eligible entities that intend to serve communities that have
experienced civil unrest because the statutory authority for FY 2022
directs the Agencies to include such communities among the designated
pilots. Second priority will be given to requests for technical
assistance from applicants that propose to serve the highest numbers of
disconnected youth.
Flexibilities Available Under P3
P3 provides important opportunities to improve access to Federal
programs and their effectiveness in addressing the needs of
disconnected youth. The Agencies have published on <a href="http://Youth.gov">Youth.gov</a> a list of
the waivers previously granted to pilots under the first three rounds
of P3 in which pilots were designated.\12\ These waivers were helpful
to the pilots that received them, and, in this latest round, the
Agencies hope that applicants propose even more ambitious and bold
efforts to remove Federal constraints on effective, innovative, and
promising service delivery for disconnected youth. We provide several
examples below.
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\12\ The list of previously granted waivers is available at
<a href="https://youth.gov/sites/default/files/P3-Waiver-List-FINAL_2018-12-10.pdf">https://youth.gov/sites/default/files/P3-Waiver-List-FINAL_2018-12-10.pdf</a>.
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These examples are provided for illustrative purposes only, and the
allowability of specific proposals will depend on the unique
circumstances of individual applicants. Any waivers must be consistent
with the statutory safeguards that apply to P3, discussed below, and
the Agencies will consider whether the inclusion of a program in a
specific pilot is consistent with, or conflicts with, other significant
legal or policy considerations. Also, the Agencies will review the
blending of competitive grants on a case-by-case basis to consider how
the scope, objectives, and target populations of the existing awards
align with the proposed pilot. Any changes in terms and conditions of
the existing competitive grant awards required for pilot purposes must
be justified by the applicant and consistent with the scope and
objectives of the grantee's application. In addition, the Agencies can
only waive Federal statutory or regulatory requirements and cannot
waive State or local requirements. The Agencies encourage applicants to
analyze whether implementation of their request also requires State or
local statutory or regulatory flexibilities or waivers, as those rules
are not under the jurisdiction of the Agencies to waive for P3.
Example A: P3 can be used to provide stronger support to young
people as they transition from high school to postsecondary education
and to careers. Our secondary and postsecondary education systems
remain fragmented and are often poorly aligned, which limits
postsecondary education access and success. The road to and through
postsecondary education is particularly difficult to navigate for young
people from families with low incomes:
<bullet> Twenty percent of students from low-income backgrounds do
not graduate high school on time with their peers.\13\
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\13\ National Center for Education Statistics (2021), Digest of
Education Statistics, Table 219.46: Public high school 4-year
adjusted cohort graduation rate (ACGR), by selected student
characteristics and state: 2010-11 through 2018-19.
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<bullet> Forty percent of students from low-income backgrounds who
do graduate from high school do not enroll in postsecondary education
immediately following graduation.\14\
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\14\ Pell Institute for the Study of Opportunity in Higher
Education (2021), Indicators of Higher Education Equity in the
United States (2021).
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<bullet> Twenty-five percent of students from low-income
backgrounds who do enter postsecondary education immediately following
high school graduation leave without earning a credential during their
first two years.\15\
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\15\ Oseguera, L. (2012). Postsecondary Educational Pathways of
Low- and Middle/High-Income Youth: Using the Education Longitudinal
Study (ELS) to Examine Tenth Graders' Transitions from High School.
Los Angeles, CA: UC/ACCORD. Retrieved from: <a href="https://pathways.gseis.ucla.edu/publications/201205_osegueraWP.pdf">https://pathways.gseis.ucla.edu/publications/201205_osegueraWP.pdf</a>.
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These outcomes in high school and postsecondary education have
prompted calls to reimagine and restructure how we educate young
people, creating new opportunities and approaches that will
[[Page 48170]]
better meet their needs.\16\ P3 can help communities that are ready to
respond to the challenge.
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\16\ Hoffman, Nancy, Vargas, Joel, et al. (2021), The Big Blur:
An Argument for Erasing the Boundaries Between High School, College,
and Careers--and Creating One New System That Works for Everyone.
Boston, MA: Jobs for the Future.
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For example, a local educational agency (LEA) and a community
college could partner to combine the last two years of high school with
the first two years of postsecondary education and obtain waivers under
P3 to use Federal funds to support this seamless educational experience
for youth. The partnership could request waivers under P3 to blend and
consolidate with state and local funds a portion of the LEA's
allocation under Title I, Part A of the Elementary and Secondary
Education Act of 1965 (ESEA); some of its subgrant from ESEA Title IV,
Part A, Subpart 1, Student Support and Academic Enrichment Grants; the
community college's grants from the Developing Hispanic-serving
Institutions program authorized under Title V of the Higher Education
Act of 1965 (HEA), TRIO Student Support Services, and TRIO Upward
Bound. P3 waivers also could enable the partners to blend their
subgrants under the Carl D. Perkins Career and Technical Education Act
of 2006, as amended by the Strengthening Career and Technical Education
for the 21st Century Act (Perkins V), with Workforce Innovation and
Opportunity Act (WIOA) Title I Youth funds contributed by the local
workforce development board to provide all students with paid, part-
time internships. The community college could request P3 waivers that
permit it to use funds from its Federal Supplemental Educational
Opportunity Grant,\17\ along with state and local funds, to pay the
costs of the dual enrollment and postsecondary educational courses
taken by students during their participation. Another waiver could
enable the LEA to use funds from its subgrant from ESEA Title II, Part
A Supporting Effective Instruction State Grants for joint professional
development for the LEA's teachers and faculty from the community
college.
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\17\ The Federal Supplemental Educational Opportunity Grant
program is authorized by section 413A of the HEA.
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Example B: P3 enables State, local, and Tribal governments to blend
dollars from multiple Federal funding streams to provide more
comprehensive, holistic services for youth without having to allocate
costs among the contributing programs and separately track and report
on each source of funding. For example, a State could propose to use P3
to support a comprehensive education, training, and reentry services
program for youthful offenders before, during, and after their
incarceration. Funding for the project could be contributed from the
Governor's reserve of the State's WIOA Title I Youth program grant, the
State's Juvenile Justice and Delinquency Prevention Act Title II State
grant, and the State educational agency's ESEA Title I, Part D grant
for Prevention and Intervention Programs for Children and Youth Who are
Neglected, Delinquent, or At-Risk of Dropping Out. The State also could
propose to use P3 to waive the statutory performance indicators and
reporting requirements under the three programs, replacing them with
one set of indicators tailored to match the objectives of the project
that the State reports on annually. Funds available to the State for
evaluation under section 116(e)(1) of WIOA could be used to evaluate
the program.
Example C: Responding to the Biden-Harris Administration's Talent
Pipeline Challenge,\18\ a State could propose a pilot that blends Adult
Education and Family Literacy Act (AEFLA) State leadership funds
available under section 223 of WIOA with funds available for statewide
youth activities under Title I of WIOA to provide integrated education
and training to disconnected youth to prepare them to build public
electric vehicle charging stations.
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\18\ Office of the President (2022), Fact Sheet: The Biden-
Harris Administration Launches the Talent Pipeline Challenge:
Supporting Employer Investments in Equitable Workforce Development
for Infrastructure Jobs. Retrieved from: <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/17/fact-sheet-the-biden-harris-administration-launches-the-talent-pipeline-challenge-supporting-employer-investments-in-equitable-workforce-development-for-infrastructure-jobs/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/17/fact-sheet-the-biden-harris-administration-launches-the-talent-pipeline-challenge-supporting-employer-investments-in-equitable-workforce-development-for-infrastructure-jobs/</a>.
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Example D: Some Federal programs contain statutory or regulatory
requirements that limit the duration of an individual's participation
in a program. Due to service interruptions and disruptions caused by
the pandemic, participants may not have been able to take full
advantage of the opportunities provided by a program over the last
year. A P3 applicant could seek flexibility to waive eligibility
requirements to extend the duration of an individual's participation in
the program as part of a larger strategy to compensate for the time and
learning that youth lost to the pandemic. For example, a State, local,
or Tribal governmental unit administering a YouthBuild grant \19\ could
seek to extend program services to individuals beyond 24 months; a
State recipient of a 7-year Gaining Early Awareness and Readiness for
Undergraduate Programs grant \20\ could seek to extend services through
a participant's second year of enrollment in an institution of higher
education; and a private nonprofit organization managing a Transitional
Living program grant \21\ for homeless youth could apply in partnership
with a State, local, or Tribal government to extend the duration of its
services beyond 540 days or to serve youth older than age 21.
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\19\ The YouthBuild grant program is authorized by section 171
of WIOA (29 U.S.C. 3226).
\20\ The Gaining Early Awareness and Readiness for Undergraduate
Programs grant program is authorized by section 404A of the HEA (20
U.S.C. 1070a-21).
\21\ The Transitional Living grant program is authorized by
section 321 of the Juvenile Justice and Delinquency Prevention Act
(34 U.S.C. 11221). For this program, the term ``homeless youth'' is
defined in 45 CFR 1351.1(f) as ``a person under 18 years of age who
is in need of services and without a place of shelter where he or
she receives supervision and care.''
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Example E: P3 authority can also be used by applicants to propose
changes to projects funded under multiple Federal grants that are each,
separately, intended to support programs designed to help disconnected
youth achieve greater success in meeting their educational and
employment goals. A public college or university that is considered a
unit of State or local government could request waivers to blend
discretionary, non-entitlement student aid funds under Title IV of the
HEA, dollars received through various Federal formula programs, and
competitive grant funds in ways that would achieve better outcomes for
disconnected youth. For example, a public college or university might
propose to increase the share of the Federal Work Study (FWS) program
funds available for Job Location and Development programs and waive the
25 percent cap on the amount of the school's allocation that may be
used to pay wages to students employed with private, for-profit
organizations so that it could use more than 25 percent of its FWS
funds to provide students who are at risk of dropping out with
subsidized career internships in the private sector that are aligned
with students' educational and career goals. To help students identify
their career goals, the college or university could partner with a
local American Job Center, which uses funds from the WIOA Title I Adult
program, to provide students with intensive career counseling and
information relating to local occupations in demand and the earnings
and skill requirements of those occupations. Similarly, a community
[[Page 48171]]
college could request waivers to blend and use a portion of a TRIO
Educational Opportunity Center grant and its WIOA Title II AEFLA
program subgrant to implement an intensive integrated education and
training (IET) program for young adults who lack a high school
credential or a state government could request authority to blend AEFLA
funds with funds from a Second Chance Act grant from the Department of
Justice to implement an IET program or wraparound academic support
services for incarcerated individuals to prepare them for the
reinstatement of Pell Grant eligibility in 2023.
Example F: P3 waivers can help programs reach currently unserved
disconnected youth. Current ED regulations for the TRIO programs limit
participation in these programs to citizens or permanent residents of
the United States, or individuals who are in the United States for
other than a temporary purpose who provide evidence from the
Immigration and Naturalization Service of their intent to become a
permanent resident.\22\ Applying in partnership with affiliated local
public institutions of higher education that administer TRIO grants, a
multi-State consortium of public college or university systems that are
considered units of State government could seek a waiver of this
requirement so that their affiliated schools could use TRIO funds to
serve disconnected youth who qualify for the Deferred Action for
Childhood Arrivals (DACA) program \23\ or who have Temporary Protected
Status.\24\
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\22\ See 34 CFR 643.3 (Talent Search), 34 CFR 644.3 (Educational
Opportunity Centers), 34 CFR 645.3 (Upward Bound), 34 CFR 646.3
(Student Support Services), and 34 CFR 647.3 (Ronald E. McNair
Postbaccalaureate Achievement Program).
\23\ In 2012, the Department of Homeland Security (DHS) began
implementing the DACA policy, which allows youth who were brought to
the United States as children and who meet certain criteria to
request consideration for deferred action, involving a case-by-case
determination by DHS not to pursue an individual's removal from the
United States for an initial two-year period as a matter of
prosecutorial discretion. DACA recipients can live and go to school
in the United States and may be eligible to obtain work
authorization while their deferred action remains in effect. For
more information, see <a href="https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca">https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca</a>.
\24\ The Secretary of Homeland Security may designate a foreign
country for Temporary Protected Status (TPS) due to conditions in
the country that temporarily prevent the country's nationals from
returning safely, or in certain circumstances, where the country is
unable to handle the return of its nationals adequately. United
States Citizenship and Immigration Services may grant TPS to
eligible nationals of certain countries (or parts of countries), who
are already in the United States. During a designated period,
individuals who are TPS beneficiaries are not removable from the
United States and can obtain work authorization. For more
information, see <a href="https://www.uscis.gov/humanitarian/temporary-protected-status">https://www.uscis.gov/humanitarian/temporary-protected-status</a>.
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Example G: P3 waivers can make childcare more accessible for youth
who are parents and pursuing a postsecondary degree or credential but
at risk of leaving without a degree or credential or employment due to
the lack of affordable, high-quality childcare. A public college or
university that receives funds under the Strengthening Institutions
program authorized by Title III, Part A of the HEA could obtain a
waiver of the regulatory prohibition against using a portion of these
funds for childcare services in order to augment the childcare services
it provides with its Child Care Access Means Parents in School Program
grant.
Example H: An LEA could use the P3 authority to create a
comprehensive educational program to provide support to English
learners (ELs) to support the successful transition from secondary
school to postsecondary education and a career in a high-demand field,
focusing on students who continue to be identified as ELs for more than
five years, students who enroll with prior educational experiences
other than formalized learning experiences, or who have special needs.
Students who are proficient in both their home language and English are
an asset, including in the labor market. For example, funds available
under ESEA Title I, Part A and Title III could be used to support dual
language programs for ELs to support language acquisition, including
providing high-quality tutoring to support academic achievement. The
LEA could also use ESEA Title IV, Part A funds to provide targeted
support for ELs, including ELs with special needs. The LEA could use
Perkins V funds to support career advising and navigation services and
cover the costs associated with a CTE dual enrollment pathway or an
apprenticeship where students can apply multilingual skill sets. The
local workforce development board could also contribute funds to
provide paid internships during the summer months.
Although P3 provides the Agencies broad waiver authority to
increase flexibility and relieve burden in order to improve the
effectiveness of Federal funding for disconnected youth, it is
important to note that there are some limitations on the waivers. In
particular, as stated in the original statutory authority for P3, the
P3 waivers--
<bullet> May not involve any requirement related to
nondiscrimination, wage and labor standards, or the allocation of funds
to State and sub-State levels;
<bullet> Must be consistent with the statutory purposes of the
Federal program for which such discretionary funds were appropriated;
<bullet> May not result in denying or restricting the eligibility
of any individual for any of the services that (in whole or in part)
are funded by the agency's programs and Federal discretionary funds
that are involved in the pilot;
<bullet> Based on the best available information, may not otherwise
adversely affect vulnerable populations that are the recipients of such
services;
<bullet> Must be necessary to achieve the outcomes of the pilot as
specified in the performance agreement, and no broader in scope than is
necessary to achieve such outcomes; and
<bullet> Must result in either: (a) realizing efficiencies by
simplifying reporting burdens or reducing administrative barriers with
respect to such discretionary funds; or (b) increasing the ability of
individuals to obtain access to services that are provided by the
discretionary funds.
FY 2022
P3 was reauthorized for FY 2022 for programs administered by all of
the six Agencies, and the Agencies may select up to 10 pilots.
An applicant must propose to include FY 2022 funds from at least
one of the six Agencies.
If Congress extends the P3 authority in future years, pilots may
propose to amend the number of Federal programs supporting pilot
activities using future funding appropriated. However, authority for
pilots to expand in future years is subject to congressional action as
well as agency discretion.
Application Requirements
The application requirements for this opportunity are from the
notice of final priorities, requirements, definitions, and selection
criteria for this program published on April 28, 2016, in the Federal
Register (81 FR 25339) (P3 NFP) and are as follows:
(a) Executive summary. The applicant must provide an executive
summary that briefly describes the proposed pilot, the flexibilities
being sought, and the interventions or systems changes that would be
implemented by the applicant and its partners to improve outcomes for
disconnected youth.
(b) Flexibility, including waivers:
Federal requests for flexibility, including waivers. For each
program to be included in a pilot, the applicant must complete Table 1,
Requested Flexibility. The applicant must identify two or more
discretionary Federal
[[Page 48172]]
programs that will be included in the pilot,\25\ at least one of which
must be administered (in whole or in part) by a State, local, or Tribal
government.\26\ In Table 1, the applicant must identify one or more
program requirements that would inhibit implementation of the pilot and
request that the requirement(s) be waived in whole or in part. Examples
of potential waiver requests and other requests for flexibility
include, but are not limited to, blending of funds and changes to align
eligibility requirements, allowable uses of funds, and performance
reporting.
---------------------------------------------------------------------------
\25\ Applicants are encouraged to consult the list of examples
of programs that are potentially eligible for inclusion in pilots at
<a href="https://youth.gov/youth-topics/reconnecting-youth/performance-partnership-pilots">https://youth.gov/youth-topics/reconnecting-youth/performance-partnership-pilots</a>.
\26\ Local governments that are requesting waivers of
requirements in State-administered programs are strongly encouraged
to consult with the State agencies that administer the programs in
preparing their applications.
Table 1--Requested Flexibility
--------------------------------------------------------------------------------------------------------------------------------------------------------
Program requirements
Program name Federal agency to be waived in whole Statutory or Name of program Blending funds? (yes/
or in part regulatory citation grantee no)
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Please note in ``Name of Program Grantee'' if the grantee is a State, local, or Tribal government, or nongovernmental entity.
Program Requirements:
The program requirement for this opportunity is from the P3 NFP.
Performance Agreement. Each P3 pilot, along with other non-Federal
government entities involved in the partnership, must enter into a
performance agreement that will include, at a minimum, the following
(as required by section 526(c)(2) of Division H of the 2014 Act):
(a) The length of the agreement;
(b) The Federal programs and federally funded services that are
involved in the pilot;
(c) The Federal discretionary funds that are being used in the
pilot;
(d) The non-Federal funds that are involved in the pilot, by source
(which may include private funds as well as governmental funds) and by
amount;
(e) The State, local, or Tribal programs that are involved in the
pilot;
(f) The populations to be served by the pilot;
(g) The cost-effective Federal oversight procedures that will be
used for the purpose of maintaining the necessary level of
accountability for the use of the Federal discretionary funds;
(h) The cost-effective State, local, or Tribal oversight procedures
that will be used for the purpose of maintaining the necessary level of
accountability for the use of the Federal discretionary funds;
(i) The outcome (or outcomes) that the pilot is designed to
achieve;
(j) The appropriate, reliable, and objective outcome measurement
methodology that will be used to determine whether the pilot is
achieving, and has achieved, specified outcomes;
(k) The statutory, regulatory, or administrative requirements
related to Federal mandatory programs that are barriers to achieving
improved outcomes of the pilot; and
(l) Criteria for determining when a pilot is not achieving the
specified outcomes that it is designed to achieve and subsequent steps,
including:
(1) The consequences that will result; and
(2) The corrective actions that will be taken in order to increase
the likelihood that the pilot will achieve such specified outcomes.
Definitions: The following definitions are from the P3 NFP.
Blended funding is a funding and resource allocation strategy that
uses multiple existing funding streams to support a single initiative
or strategy. Blended funding merges two or more funding streams, or
portions of multiple funding streams, to produce greater efficiency
and/or effectiveness. Funds from each individual stream lose their
award-specific identity, and the blended funds together become subject
to a single set of reporting and other requirements, consistent with
the underlying purposes of the programs for which the funds were
appropriated.
An interim indicator is a marker of achievement that demonstrates
progress toward an outcome and is measured at least annually.
Outcomes are the intended results of a program or intervention.
They are what applicants expect their projects to achieve. An outcome
can be measured at the participant level (for example, changes in
employment retention or earnings of disconnected youth) or at the
system level (for example, improved efficiency in program operations or
administration).
A waiver provides flexibility in the form of relief, in whole or in
part, from specific statutory, regulatory, or administrative
requirements that have hindered the ability of a State, locality, or
Tribe to organize its programs and systems or provide services in ways
that best meet the needs of its target populations. Under P3, waivers
provide flexibility in exchange for a pilot's commitment to improve
programmatic outcomes for disconnected youth consistent with underlying
statutory authorities and purposes.
Program Authority: Section 523 of Title III, Division H of the
Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
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, 86, 97,
98, and 99, and such other regulations as the Agencies may apply based
on the programs included in a particular pilot. (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 P3
NFP.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
II. Performance Pilot Designation Information
Type of Award: Flexibility.
Estimated Available Funds: None.
Estimated Number of Designations: 10 pilots.
Project Period: FY 2022 pilots may operate for as long as FY 2022
appropriated funds remain available to pilots to obligate to support
project activities, but not past September 30, 2026.
[[Page 48173]]
III. Eligibility Information
1. Eligible Applicants: The lead applicant must be a State, local,
or Tribal government entity, represented by a chief executive, such as
a governor, mayor, or other elected leader, or the head of a State,
local, or Tribal agency.
2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
IV. Application and Submission Information
1. Application Submission Instructions: Applicants must submit
completed applications to <a href="/cdn-cgi/l/email-protection#0f4b667c6c6061616a6c7b6a6b56607a7b674f6a6b21686079"><span class="__cf_email__" data-cfemail="26624f554549484843455243427f4953524e66434208414950">[email protected]</span></a> unless electronic
submission is not possible. Where electronic submission is not possible
(e.g., you do not have access to the internet), you must provide a
written statement that you intend to submit a paper application. Send
this written statement no later than two weeks before the application
deadline date (14 calendar days or, if the 14th calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday). If you mail your written statement
to the Department, it must be postmarked no later than two weeks before
the application deadline date. Please send this statement to the person
listed in the FOR FURTHER INFORMATION CONTACT section of this notice.
If you submit a paper application, you must mail the original and two
copies of your application, on or before the application deadline date,
to the Department at the following address: U.S. Department of
Education, Application Control Center, LBJ Basement Level 1, 400
Maryland Avenue SW, Washington, DC 20202-4260. You must show proof of
mailing consisting of one of the following: (1) A legibly dated U.S.
Postal Service postmark. (2) A legible mail receipt with the date of
mailing stamped by the U.S. Postal Service. (3) A dated shipping label,
invoice, or receipt from a commercial carrier. (4) Any other proof of
mailing acceptable to the Secretary of the U.S. Department of
Education. If you mail your application through the U.S. Postal
Service, we do not accept either of the following as proof of mailing:
(1) A private metered postmark. (2) A mail receipt that is not dated by
the U.S. Postal Service.
Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.
We will not consider applications postmarked after the application
deadline date.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the P3 opportunity,
your application may include business information that you consider
proprietary. In 34 CFR 5.11 we define ``business information'' and
describe the process we use in determining whether any of that
information is proprietary and, thus, protected from disclosure under
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as
amended).
Because we plan to make successful applications available to the
public, including performance agreements, and may make all applications
available, 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, 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 program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79.
4. Recommended Page Limit: The application narrative is where you,
the applicant, provide the information specified in the application
requirements and address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than five 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.
<bullet> Use a font that is either 12 point or larger.
<bullet> Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
5. Requests for Technical Assistance: For interested eligible
entities, the Agencies are offering technical assistance over the next
several months that will help prospective applicants to identify
Federal impediments to effective and integrated service delivery for
disconnected youth and flexibilities that can be removed under P3 and
to develop an application submission for a P3 pilot. The Agencies want
to engage with as many eligible entities as possible and will accept
technical assistance requests on a rolling basis until September 7,
2022. If interest in technical assistance exceeds the Agencies'
capacity to provide it, the Agencies will give first priority to
assisting eligible entities that intend to serve communities that have
experienced civil unrest, because the statutory authority for FY 2022
directs the Agencies to include such communities among the designated
pilots.\27\ Second priority will be given to requests for technical
assistance from applicants that propose to serve the highest numbers of
disconnected youth. To request technical assistance, please email
<a href="/cdn-cgi/l/email-protection#75311c06161a1b1b10160110112c1a00011d3510115b121a03"><span class="__cf_email__" data-cfemail="3d79544e5e525353585e49585964524849557d5859135a524b">[email protected]</span></a> with the subject line ``Request for Technical
Assistance,'' and include the prospective applicant's name, a contact
person's name and email address, and the names of the Federal programs
that the prospective applicant is interested in including in a P3
pilot. Applicants that do not request technical assistance may still
apply for designation as a pilot; applicants that do request technical
assistance are not bound to apply or bound by the information provided
in their initial request for technical assistance.
---------------------------------------------------------------------------
\27\ Section 523(a), Title III, Division H, Consolidated
Appropriations Act, 2022, Public Law 117-103.
---------------------------------------------------------------------------
6. Other Submission Requirements: Applications under this
opportunity must be submitted electronically unless electronic
submission is not possible.
Please note the following:
<bullet> The Department is not publishing an application package
for this program. To submit an application, provide all of the
information specified in the application requirements. Additionally,
complete and submit Standard Form 424B, Assurances for Non-Construction
Programs (available at <a href="http://www2.ed.gov/fund/grant/apply/appforms/appforms.html">www2.ed.gov/fund/grant/apply/appforms/appforms.html</a>) with your application.
<bullet> The Department must receive your application by 11:59 p.m.
Eastern Standard Time on October 7, 2022. We will notify you if we are
rejecting your application because it was received after the
application deadline date.
<bullet> We may request that you provide us original signatures on
forms at a later date.
V. Application Review Information
1. Review and Selection Process: The Department will screen
applications that are submitted in accordance with the requirements in
this notice and will
[[Page 48174]]
determine which applications are eligible to be read based on whether
they have met the eligibility and application requirements.
The Secretary of Education (Secretary) will also consider
compliance with assurances, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance (such as, for ED programs, 34
CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
2. Review of Requests for Flexibility, Including Blending of Funds
and Other Waivers: Representatives of the Agencies that administer
programs under which flexibility in Federal requirements is sought will
evaluate whether the flexibility, including blending of funds and other
waivers, requested by applicants meets the statutory requirements for
P3 and is otherwise appropriate. For example, if an applicant is
seeking flexibility under programs administered by HHS and DOL, its
requests for flexibility will be reviewed by HHS and DOL officials.
Applicants may be asked to participate in telephone calls at this point
in the process in order to clarify requests for flexibility and other
aspects of their proposals.
3. Selecting Finalists: Agency officials may recommend projects for
selection by the Secretary. In consultation with the other Agencies,
the Secretary will select up to 10 finalists after considering the
recommendations of the Agencies that administer the programs for which
the applicants are seeking flexibility, and other information,
including an applicant's performance and use of funds and compliance
history under a previous award under any agency program. In selecting
pilots, the Secretary will first give priority to applicants that will
serve communities that have experienced civil unrest, to address the
statutory requirement that designated pilots include communities that
have experienced civil unrest, and will then select those applications
that will serve the highest numbers of disconnected youth.
For each finalist, ED and any other Agencies implicated in the
pilot will negotiate the performance agreement. If a performance
agreement cannot be finalized for an applicant, an alternative
applicant may be selected as a finalist instead. The recommended
projects will be considered finalists until performance agreements are
signed by all parties, and pilot designation will be awarded only after
finalization and approval of each finalist's performance agreement.
VI. Designation Administration Information
1. Designation Notices: If your application is successful, we
notify your U.S. Representative(s) and U.S. Senators and send you a
letter notification of your selection as a pilot. We may notify you
informally, also.
If your application is not evaluated or not selected as a pilot, we
will notify you.
2. Performance Measures: The performance agreement for each pilot
will include outcome measures, interim indicators, and targets.
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 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.
Amy Loyd,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2022-16966 Filed 8-5-22; 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.