Applications for New Awards; Migrant Education Program Consortium Incentive Grant Program

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Published

February 23, 2023

Issuing agencies

Education Department

Abstract

The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2023 for the Migrant Education Program (MEP) Consortium Incentive Grant (CIG) program, Assistance Listing Number 84.144F.

Full Text

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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11422-11427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03731]

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DEPARTMENT OF EDUCATION

Applications for New Awards; Migrant Education Program Consortium
Incentive Grant 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 fiscal year (FY) 2023 for the Migrant Education
Program (MEP) Consortium Incentive Grant (CIG) program, Assistance
Listing Number 84.144F.

DATES:
Applications Available: February 27, 2023.
Deadline for Transmittal of Applications: April 24, 2023.
Deadline for Intergovernmental Review: June 23, 2023.
Pre-Application Webinar Information: The Department will hold a
pre-application workshop via webinar for prospective applicants on
March 7, 2023 at 11:00 a.m. Eastern Time.

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 7, 2022 (87 FR 75045) and available at
<a href="http://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs">www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs</a>. Please note that these Common Instructions supersede
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Michael Meltzer, U.S. Department of
Education. Telephone: (202) 987-1657. Email: <a href="/cdn-cgi/l/email-protection#377a5e545f56525b197a525b434d524577525319505841"><span class="__cf_email__" data-cfemail="1f52767c777e7a7331527a736b657a6d5f7a7b31787069">[email&#160;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 purpose of the MEP CIG program is to
provide incentive grants to State educational agencies (SEAs) that
participate in a consortium with one or more other SEAs or other
appropriate entities to improve the delivery of services to migratory
children whose education is interrupted. Through this program, the
Department provides financial incentives to SEAs that receive Title I,
Part C (MEP) funding to participate in high-quality consortia to
improve the intrastate and interstate coordination of migrant education
programs by addressing key needs of migratory children whose education
is interrupted.
Background: On March 3, 2004, the Department published in the
Federal Register a notice of final requirements for the CIG program (69
FR 10109) (2004 CIG Notice of Final Requirements (NFR)). In the 2004
CIG NFR, the Department established seven absolute priorities that
promote key national objectives of the MEP. The Department added an
eighth absolute priority when it published in the Federal Register a
notice of final priority on March 12, 2008 (73 FR 13217) (2008 CIG
Notice of Final Priority (NFP)).
For FY 2023, the Department is focusing the CIG competition on four
of the eight absolute priorities. These absolute priorities were
selected because they closely align with the Administration's
priorities. Specifically, the FY 2023 competition will focus on
improving the proper and timely identification and recruitment of
eligible migratory children, improving the school readiness of
preschool-aged migratory children, strengthening the involvement of
migratory parents in the education of migratory students, and

[[Page 11423]]

improving the education attainment of out-of-school migratory youth.
The FY 2023 competition also includes three competitive preference
priorities from the Department's Notice of Final Priorities and
Definitions--Secretary's Supplemental Priorities and Definitions for
Discretionary Grant Programs (Supplemental Priorities), published in
the Federal Register on December 10, 2021 (86 FR 70612) (<a href="https://www.federalregister.gov/d/2021-26615">https://www.federalregister.gov/d/2021-26615</a>).
Through these absolute and competitive preference priorities, we
encourage applicants to consider projects that are best addressed by an
interstate or intrastate solution. For example, a project could
facilitate interstate collaboration to provide continuous access to
instructional technology that supports migratory children; another
project could help educators of migratory children select appropriate
and evidence-based digital tools that will accelerate learning recovery
after COVID-19 and get needed services to migratory children as
expeditiously as possible.
In addition, we encourage applications that propose projects to
strengthen the involvement of migratory parents in the education of
their children. For example, applicants may propose to identify and
utilize existing evidence-based resources to build capacity of
migratory parents to engage in the community and to access community
resources, as well as connect them to organizations such as parent
advocacy groups. Another project may support the implementation of
education-related family engagement action plans created by consortium
States to inform the implementation of MEP parent involvement and
family engagement activities and services.
Applicants are also encouraged to propose projects that build
relationships with organizations and agencies serving migratory
children and their families to identify, recruit, serve, or assess the
education and health-related needs of migratory children and out-of-
school migratory youth. For example, applicants could propose to
develop formal partnerships with Migrant and Seasonal Head Start;
Migrant Health; the High School Equivalency Program (HEP); the College
Assistance Migrant Program (CAMP); local farm associations and
agribusinesses; the Department of Labor; or other Federal, State, or
local entities.
Priorities: This competition includes four absolute priorities and
three competitive preference priorities. Absolute Priorities 1, 2, and
3 are from the 2004 CIG NFR. Absolute Priority 4 is from the 2008 CIG
NFP. In Absolute Priorities 2, 3, and 4, the term ``scientifically
based'' has been replaced with ``evidence-based,'' as explained in the
Waiver of Proposed Rulemaking section of this notice.
The competitive preference priorities are from the Supplemental
Priorities.
Absolute Priorities: For FY 2023, these priorities are absolute
priorities. Under 34 CFR 75.105(c)(3) we consider only applications
that meet one or more of these priorities.
The applicant must clearly indicate in the abstract section of its
application to which absolute priority it is applying. If an applicant
is interested in proposing separate projects (e.g., one that addresses
Absolute Priority 1 and another that addresses Absolute Priority 2),
the applicant must submit separate applications. The Department intends
to create four funding slates for CIG applications--one for
applications that meet Absolute Priority 1, a separate slate for
applications that meet Absolute Priority 2, a separate slate for
applications that meet Absolute Priority 3, and a fourth slate for
applications that meet Absolute Priority 4. As a result, the Department
may fund applications out of the overall rank order. The Department
anticipates making at least one award on each slate, provided
applications of sufficient quality are submitted, but the Department is
not bound by these estimates.
These priorities are:
Absolute Priority 1: Services designed to improve the proper and
timely identification and recruitment of eligible migratory children
whose education is interrupted.
Absolute Priority 2: Services designed (based on a review of
evidence-based research) to improve the school readiness of preschool-
aged migratory children whose education is interrupted.
Absolute Priority 3: Services designed (based on a review of
evidence-based research) to strengthen the involvement of migratory
parents in the education of migratory students whose education is
interrupted.
Absolute Priority 4: Services designed (based on a review of
evidence-based research) to improve the educational attainment of out-
of-school migratory youth whose education is interrupted.
Competitive Preference Priorities: For FY 2023, these priorities
are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we
award up to an additional 10 points to an application, depending on how
well the application meets one of the competitive preference
priorities. Applicants may receive points for only one competitive
preference priority. The applicant must indicate in the abstract
section of its application which competitive preference priority, if
any, it is addressing. While applicants are encouraged to address only
one competitive preference priority, if an applicant chooses to address
more than one competitive preference priority, the Department will
instruct reviewers to score only the first competitive preference
priority mentioned in the abstract.
The priorities are:
Competitive Preference Priority 1: Addressing the Impact of COVID-
19 on Students, Educators, and Faculty (Up to 10 points).
Projects that are designed to address the impacts of the COVID-19
pandemic, including impacts that extend beyond the duration of the
pandemic itself, on the students most impacted by the pandemic, with a
focus on underserved students and the educators who serve them, through
projects addressing students' social, emotional, mental health, and
academic needs through approaches that are inclusive with regard to
race, ethnicity, culture, language, and disability status.
Competitive Preference Priority 2: Promoting Equity in Student
Access to Educational Resources and Opportunities (Up to 10 points).
Projects that are designed to promote education equity and adequacy
in resources and opportunity for underserved students--
(a) In one of the following settings:
(1) Early learning programs.
(2) Career and technical education programs.
(3) Out-of-school-time settings.
(4) Adult learning;
(b) That examine the sources of inequity and inadequacy and
implement responses and that may include establishing, expanding, or
improving the engagement of underserved community members (including
underserved students and families) in informing and making decisions
that influence policy and practice at the school, district, or State
level by elevating their voices, through their participation and their
perspectives and providing them with access to opportunities for
leadership (e.g., establishing partnerships between civic student
government programs and parent and caregiver leadership initiatives).
Competitive Preference Priority 3: Strengthening Cross-Agency
Coordination and Community Engagement to Advance Systemic Change (Up to
10 points).

[[Page 11424]]

Projects that are designed to take a systemic evidence-based
approach to improving outcomes for underserved students through
establishing cross-agency partnerships, or community-based partnerships
with local nonprofit organizations, businesses, philanthropic
organizations, or others, to meet family well-being needs.
Definitions: The following definitions apply to this competition.
The definitions of ``demonstrates a rationale,'' ``evidence-based,''
``logic model,'' ``project component,'' and ``relevant outcome'' are
from 34 CFR 77.1(c). The definitions of ``early learning,''
``educator,'' and ``underserved student'' are from the Supplemental
Priorities.
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.
Early learning means any (a) State-licensed or State-regulated
program or provider, regardless of setting or funding source, that
provides early care and education for children from birth to
kindergarten entry, including, but not limited to, any program operated
by a child care center or in a family child care home; (b) program
funded by the Federal Government or State or local educational agencies
(including any IDEA-funded program); (c) Early Head Start and Head
Start program; (d) non-relative child care provider who is not
otherwise regulated by the State and who regularly cares for two or
more unrelated children for a fee in a provider setting; and (e) other
program that may deliver early learning and development services in a
child's home, such as the Maternal, Infant, and Early Childhood Home
Visiting Program; Early Head Start; and Part C of IDEA.
Educator means an individual who is an early learning educator,
teacher, principal or other school leader, specialized instructional
support personnel (e.g., school psychologist, counselor, school social
worker, early intervention service personnel), paraprofessional, or
faculty.
Evidence-based means the proposed project component is supported by
evidence that demonstrates a rationale.
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.
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).
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.
Underserved student means a migrant student (which may include
children in early learning environments and students in K-12 programs).
Waiver of Proposed Rulemaking: The term ``scientifically based''
has been replaced with the term ``evidence-based,'' as defined in 34
CFR 77.1(c). Under the Administrative Procedure Act (5 U.S.C. 553)
(APA) the Department generally offers interested parties the
opportunity to comment on proposed regulations. However, the APA
provides that an agency is not required to conduct notice-and-comment
rulemaking when the agency, for good cause, finds that the requirement
is impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive rulemaking
in this case because the term ``scientifically based'' and its
definition are no longer in statute. Therefore, under 5 U.S.C.
553(b)(B), the Secretary has determined that obtaining public comment
on the removal of the term ``scientifically based'' and the adoption of
the term ``evidence-based'' is unnecessary and contrary to the public
interest.
The APA also generally requires that regulations be published at
least 30 days before their effective date, unless the agency has good
cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). Because
this final regulatory action merely updates outdated regulations, the
Secretary also has good cause to waive the 30-day delay in the
effective date of these regulatory changes under 5 U.S.C. 553(d)(3).
Program Authority: 20 U.S.C. 6398(d).
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75 (except 75.232), 76, 77,
79, 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 2004 CIG NFR.
(e) The 2008 CIG NFP. (f) The notice of final requirement published in
the Federal Register on December 31, 2013 (78 FR 79613). (g) The MEP
regulations in 34 CFR 200.81-200.89. (h) The Supplemental Priorities.

Note: The regulations in 34 CFR part 86 apply to institutions
of higher education only.

II. Award Information

Type of Award: Formula grants.
Estimated Available Funds: $3,000,000.
Estimated Range of Awards: $50,000-$150,000.
The actual size of an SEA's award will depend on the number of SEAs
that participate in high-quality consortia and the size of those SEAs'
MEP formula grant allocations.
Estimated Average Size of Awards: $100,000.
Maximum Award: An SEA cannot receive an incentive award that
exceeds its MEP Basic State Formula Grant allocation or $250,000,
whichever is less, for a single budget period of 12 months.
Estimated Number of Awards: 30 SEA awards. An SEA that participates
in a consortium may receive only one incentive grant award regardless
of the number of consortia in which it participates.

Note: The Department is not bound by any estimates in this
notice.

Project Period: Up to 36 months.

III. Eligibility Information

1. Eligible Applicants: SEAs receiving MEP Basic State Formula
Grants, in a consortium with one or more other SEAs or other
appropriate entities. An application for an incentive grant must be
submitted by an SEA that will act as the ``lead SEA'' for the proposed
consortium.
2. a. Cost Sharing or Matching: This program does not require cost
sharing or matching.
b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Pursuant to the 2004 CIG NFR, the
supplement-not-supplant provisions in sections 1118(b) and 1304(c)(2)
of the ESEA are applicable to this program.
3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this
competition may award subgrants. Pursuant to ESEA section 1302, the
Secretary makes grants to SEAs, or combinations of such agencies, to

[[Page 11425]]

establish or improve, directly or through local operating agencies,
programs of education for migratory children.

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 7, 2022 (87 FR 75045) and available at <a href="https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs">https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs</a>, which contain requirements and information on how to
submit an application. Please note that these Common Instructions
supersede the version published on December 27, 2021.

Note: Applicants are not required to submit Budget information
(ED 524). Please see the application package for a complete list of
application requirements.

2. 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.
3. Funding Restrictions: We reference regulations outlining funding
restrictions in the Applicable Regulations section of this notice.
4. Recommended Page Limit: The application narrative (Part III of
the application) 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.
5. Use of CIG Funds: SEAs in consortia receiving awards must
implement the activities described in their project applications as a
condition of their receipt of funds. CIG awards are treated as
additional funds available to an SEA under the MEP Basic State Formula
Grant program. Moreover, general requirements governing the use and
reporting of awarded funds would be governed by provisions of 34 CFR
part 76, which govern State-administered formula grant programs, and
the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards in 2 CFR part 200.

V. Application Review Information

1. Selection Criteria: The selection criteria for this program are
from 34 CFR part 75.210 and are as follows:
(a) Significance (10 points). The Secretary considers the
significance of the proposed project. In determining the significance
of the proposed project, the Secretary considers:
(1) The extent to which the proposed project is likely to build
local capacity to provide, improve, or expand services that address the
needs of the target population. (Up to 5 points)
(2) 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. (Up to 5 points)
(b) Quality of the project design (30 points). The Secretary
considers the quality of the design of the proposed project. In
determining the quality of the design of the proposed project, the
Secretary considers:
(1) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable.
(Up to 10 points)
(2) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs. (Up to 7 points)
(3) The extent to which the proposed project will establish
linkages with other appropriate agencies and organizations providing
services to the target population. (Up to 5 points)
(4) The extent to which the proposed project demonstrates a
rationale (as defined in this notice). (Up to 8 points)
(c) Quality of project services (30 points). The Secretary
considers the quality of the services to be provided by the proposed
project.
(1) 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, sex, age, or disability. (Up to 3 points)
(2) In addition, the Secretary considers the following factors:
(i) The extent to which the services to be provided by the proposed
project are appropriate to the needs of the intended recipients or
beneficiaries of those services. (Up to 7 points)
(ii) The likely impact of the services to be provided by the
proposed project on the intended recipients of those services. (Up to
10 points)
(iii) The extent to which the technical assistance services to be
provided by the proposed project involve the use of efficient
strategies, including the use of technology, as appropriate, and the
leveraging of non-project resources. (Up to 5 points)
(iv) 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. (Up to 5 points)
(d) Quality of the management plan (10 points). The Secretary
considers the quality of the management plan for the proposed project.
In determining the quality of the management plan for the proposed
project, the Secretary considers the following factors:
(1) The adequacy of procedures for ensuring feedback and continuous
improvement in the operation of the proposed project. (Up to 2 points)
(2) The adequacy of mechanisms for ensuring high-quality products
and services from the proposed project. (Up to 3 points)
(3) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed
project. (Up to 5 points)
(e) Quality of the project evaluation (20 points). The Secretary
considers the quality of the evaluation to be conducted of the proposed
project. In determining the quality of the project evaluation, the
Secretary considers:
(1) The extent to which the methods of evaluation are thorough,
feasible, and appropriate to the goals, objectives, and outcomes of the
proposed project. (Up to 10 points)
(2) The extent to which the methods of evaluation will provide
performance feedback and permit periodic assessment of progress toward
achieving intended outcomes. (Up to 10 points)
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any grant competition, the Secretary
may consider, under 34 CFR 75.217(d)(3), the

[[Page 11426]]

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 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 program 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 also may notify you
informally.
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 as directed by the Secretary. If you receive a
multiyear award, you must submit an annual performance report that
provides the most current performance 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: Consortium grantees are required to report
on their project's effectiveness based on the project objectives,
performance measures, and scheduled activities outlined in the
consortium's application.
In addition, all grantees are required, under 2 CFR 200.329, to
report on program performance indicators as part of their Consolidated
State Performance Report. The program performance indicators
established by the Department for the MEP, of which the Consortium
Incentive Grants are a component, are--
(a) The percentage of MEP students that scored at or above
proficient on their State's annual reading/language arts assessments in
grades 3-8;
(b) The percentage of MEP students that scored at or above
proficient on their State's annual mathematics assessments in grades 3-
8;
(c) The percentage of MEP students who were enrolled in grades 7-
12, and graduated or were promoted to the next grade level; and
(d) The percentage of MEP students who entered 11th grade that had
received full credit for Algebra I or a higher mathematics course.

[[Page 11427]]

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 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), text format
(txt), a thumb drive, an MP3 file, braille, large print, audiotape,
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.

James F. Lane,
Senior Advisor, Office of the Secretary, Delegated the Authority to
Perform the Functions and Duties of the Assistant Secretary for the
Office Elementary and Secondary Education.
[FR Doc. 2023-03731 Filed 2-22-23; 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.