Proposed Rule2023-20011
Proposed Priorities, Requirements, and Definitions-National Professional Development 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
September 15, 2023
Issuing agencies
Education Department
Abstract
The Department of Education (Department) proposes priorities, requirements, and definitions for use in the National Professional Development (NPD) program, Assistance Listing Number 84.365Z. The Department may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2023 and later years. We intend for these priorities, requirements, and definitions to increase the number of bilingual and multilingual teachers supporting English language learners.
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Proposed Rules]
[Pages 63543-63547]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20011]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED-2023-OELA-0132]
Proposed Priorities, Requirements, and Definitions--National
Professional Development Program
AGENCY: Office of English Language Acquisition, Department of
Education.
ACTION: Proposed priorities, requirements, and definitions.
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SUMMARY: The Department of Education (Department) proposes priorities,
requirements, and definitions for use in
[[Page 63544]]
the National Professional Development (NPD) program, Assistance Listing
Number 84.365Z. The Department may use one or more of these priorities,
requirements, and definitions for competitions in fiscal year (FY) 2023
and later years. We intend for these priorities, requirements, and
definitions to increase the number of bilingual and multilingual
teachers supporting English language learners.
DATES: We must receive your comments on or before October 16, 2023.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://www.regulations.gov">www.regulations.gov</a>,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments submitted
after the comment period closes. To ensure the Department does not
receive duplicate copies, please submit your comments only once. In
addition, please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://Regulations.gov">Regulations.gov</a>,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.''
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Francisco Javier L[oacute]pez, U.S.
Department of Education, 400 Maryland Avenue SW, Room H3215, PCP,
Washington, DC 20202. Telephone: (202) 558-4880. Email: <a href="/cdn-cgi/l/email-protection#9cd2ccccd2ccd8dcf9f8b2fbf3ea"><span class="__cf_email__" data-cfemail="baf4eaeaf4eafefadfde94ddd5cc">[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:
Invitation to Comment: We invite you to submit comments regarding
the proposed priorities, requirements, and definitions. To ensure that
your comments have maximum effect in developing the final priorities,
requirements, and definitions, we urge you to identify clearly the
specific proposed priorities, requirements, and definitions that each
comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14094 and their
overall requirement of reducing regulatory burden that might result
from these proposed priorities, requirements, and definitions. Please
let us know of any further ways we could reduce potential costs or
increase potential benefits while preserving the effective and
efficient administration of the program.
During and after the comment period, you may inspect public
comments about the proposed priorities, requirements, and definitions
by accessing <a href="http://Regulations.gov">Regulations.gov</a>. To inspect comments in person, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for these proposed priorities, requirements,
and definitions. If you want to schedule an appointment for this type
of accommodation or auxiliary aid, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The NPD program, authorized by sections
3111(c)(1)(C) and 3131 of the Elementary and Secondary Education Act of
1965(ESEA), provides grants to institutions of higher education (IHEs)
or public or private entities with relevant experience and capacity, in
consortia with State educational agencies (SEAs) or local educational
agencies (LEAs), to implement pre-service and in-service professional
development activities intended to improve instruction for English
Learners (ELs) and assist education personnel working with ELs to meet
high professional standards.
Program Authority: 20 U.S.C. 6861.
Proposed Priorities
The Department proposes the following three priorities for this
program. We may use one or more of these priorities in any year in
which this program is in effect.
Background
``Raise the Bar (RTB): Lead the World'' is the Department's call to
action to transform prekindergarten through postsecondary learning and
unite around what truly works by promoting academic excellence, boldly
improving learning conditions, and preparing our Nation's students for
global competitiveness.\1\ A robust and sustainable educator workforce
available to educate and support all children and youth is essential to
this call to action. The priorities proposed in this document would
advance many of these goals. Specifically, we are proposing priorities
designed to help eliminate the educator shortage, increase services for
our students who are English learners, and expand pathways to
multilingualism for all students.
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\1\ <a href="https://www.ed.gov/raisethebar/">https://www.ed.gov/raisethebar/</a>.
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A growing body of evidence suggests that diverse classroom
settings, such as in bilingual and multilingual education, may be
positively associated with students' ability to empathize and relate to
others, have long-term career benefits, and result in a higher degree
of literacy.\2\ Learning another language from a young age is an asset
that prepares all students for an increasingly globalized economy.
Globally, adults who are bilingual and biliterate have more job
opportunities than monolingual adults.\3\ Fostering a culture of
language-learning for all students also communicates to linguistically
marginalized students that their heritage languages and home identities
are valuable and welcomed in school.\4\
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\2\ Commission on Language Learning. America's Language (2017).
Investing in Language Education for the 21st Century. American
Academy of Arts and Sciences: Cambridge, Massachusetts.
\3\ Zelasko, N., & Antunez, B. (2000). If your child learns in
two languages. National Clearinghouse for Bilingual Education.
Retrieved from <a href="http://www.ncela.gwu.edu/files/uploads/9/IfYourChildLearnsInTwoLangs_English.pdf">http://www.ncela.gwu.edu/files/uploads/9/IfYourChildLearnsInTwoLangs_English.pdf</a>.
\4\ Analyzing the Curricularization of Language in Two-Way
Immersion Education: Restating Two Cautionary Notes (Vald[eacute]s,
2018).
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While there is a rich and diverse population of both ELs and native
English speakers who would benefit from bilingual education, there is a
shortage of bilingual and multilingual teachers prepared to teach a
growing population of ELs and to make multilingualism a reality for
all. According to 2019-20 data reported by SEAs for the Title III State
Formula Grant Program, the number of K-12 students that were identified
as ELs increased 2.6 percent from the previous school year. Yet, the
number of certified EL instructors decreased by almost 43,000 educators
or 10.4 percent from the previous school year.\5\ Additionally, in a
joint publication by The Century Foundation and the Children's Equity
[[Page 63545]]
Project, the researchers noted, ``just one in eight American teachers
speaks a non-English language at home . . . [and of those] teachers who
are linguistically diverse, many are not trained or credentialed to
provide academic instruction in non-English languages.'' \6\
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\5\ <a href="https://ncela.ed.gov/sites/default/files/2023-05/OELABiennialReportSYs2018-20b-508.pdf">https://ncela.ed.gov/sites/default/files/2023-05/OELABiennialReportSYs2018-20b-508.pdf</a>.
\6\ Williams, C.P., Meek, S., Marcus, M., Zabala, J. (2023).
Ensuring Equitable Access to Dual-Language Immersion Programs:
Supporting English Learners' Emerging Bilingualism. Retrieved from
<a href="https://tcf.org/content/report/ensuring-equitable-access-to-dual-language-immersion-programs-supporting-english-learners-emerging-bilingualism/">https://tcf.org/content/report/ensuring-equitable-access-to-dual-language-immersion-programs-supporting-english-learners-emerging-bilingualism/</a>.
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The NPD program, as a pre-service and in-service professional
development program, is uniquely positioned to support the Department's
RTB goals by helping to ensure that ELs have access to well-prepared
educators and by growing our numbers of bilingual and multilingual
educators in order to expand the availability of bilingual programs.
The priorities proposed in this document focus on pre-service
programs and in-service professional development designed to expand the
numbers of bilingual or multilingual teachers and other staff,
including through grow-your-own (GYO) efforts. Initial research \7\
suggests that GYO efforts may be particularly effective in recruiting
educators who reflect the diversity of our students, in this case, ELs
who are a growing resource that can be encouraged and recruited to
pursue careers as bilingual and multilingual teachers. Many GYO
programs also extend support to paraprofessionals, high-quality
substitute teachers, and others in a community who are interested in
transitioning into roles as educators by supporting their training and
path to certification.
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\7\ Strategies for Designing, Implementing, and Evaluating Grow-
Your-Own Teacher Programs for Educators (2017). REL Northwest.
Retrieved from <a href="https://ies.ed.gov/ncee/edlabs/regions/northwest/pdf/strategies-for-educators.pdf">https://ies.ed.gov/ncee/edlabs/regions/northwest/pdf/strategies-for-educators.pdf</a>.
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Additionally, we continue to emphasize and elevate supports for
students from low-income backgrounds by proposing a priority and a
corresponding definition that focuses on enrolling specific percentages
of teacher candidates who are from low-income backgrounds. Thirty-seven
percent of ELs are from disadvantaged family backgrounds who are living
in poverty, and schools that have higher concentrations of ELs tend to
be high-poverty schools.\8\ Students, particularly emerging bilingual
and multilingual students, from low-income backgrounds are a critical
part of addressing the need to provide culturally and linguistically
relevant teaching in high-need schools and to give all students the
opportunity to be taught by diverse educators. We are proposing a
definition using Pell eligibility as a proxy for determining whether
students are from low-income backgrounds given that Pell eligibility
takes into account variables such as family income and family size.
Further, we believe the data needed to demonstrate Pell eligibility is
easily accessible to IHEs and other potential applicants that partner
with IHEs who can obtain student aid information.
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\8\ Quintero, D. & Hansen, M. (2021). As we tackle school
segregation, don't forget about English Learner students. The
Brookings Institution. Retrieved from <a href="https://www.brookings.edu/blog/brown-center-chalkboard/2021/01/14/as-we-tackle-school-segregation-dont-forget-about-english-learner-students/">https://www.brookings.edu/blog/brown-center-chalkboard/2021/01/14/as-we-tackle-school-segregation-dont-forget-about-english-learner-students/</a>.
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As the EL population continues to grow, and as our global economy
becomes more interconnected, it is increasingly important to focus
efforts on addressing the shortage of teachers and other staff licensed
and certified to work with ELs and to provide opportunities for all
students to benefit from bilingual or multilingual instruction.
Proposed Priority 1--Increase the Number of Bilingual or
Multilingual Teachers Through Pre-Service Programs.
Projects that propose to increase the number of licensed or
certified bilingual or multilingual teachers working in language
instruction educational programs or serving ELs, and improve their
qualifications and skills, through evidence-based pre-service programs.
Applicants must describe their plan for recruiting, supporting, and
retaining bilingual or multilingual teacher candidates, which must
include grow-your-own (GYO) efforts that are designed to address
shortages of bilingual or multilingual teachers and increase the
diversity of qualified individuals entering the educator workforce.
Applicants must include in their proposed plan one or more of the
following GYO strategies:
<bullet> Supporting bilingual or multilingual paraprofessionals
actively working in P-12 schools in becoming teachers.
<bullet> Creating pathway programs for middle and high school
students who are pursuing seals of biliteracy to become teachers.
<bullet> Recruiting individuals who may have a teaching credential
but have not been teaching in bilingual or multilingual education
settings.
<bullet> Offering registered apprenticeship programs for teachers
that establish, scale, and build on existing high-quality pathways into
bilingual or multilingual education settings.
<bullet> Implementing other evidence-based GYO efforts for
bilingual or multilingual individuals.
Proposed Priority 2--Service to Low-Income Students.
Projects that propose to recruit, train, and retain in the pre-
service program classes of participants for which one or more of the
following conditions are met:
(a) At least 30 percent of the participants are low-income
students.
(b) At least 40 percent of the participants are low-income
students.
(c) At least 50 percent of the participants are low-income
students.
Proposed Priority 3--Improve In-Service Professional Development
Programs Targeting Bilingual or Multilingual Educational Personnel Who
Serve English Learners.
Projects that propose evidence-based in-service professional
development programs designed to expand the number, and improve the
qualifications and skills, of bilingual or multilingual educational
personnel working in language instruction educational programs or
serving ELs, including educational paraprofessionals and personnel who
are not certified or licensed.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
[[Page 63546]]
Proposed Requirements
The Department proposes the following requirements for this
program. We may apply one or more of these requirements in any year in
which this program is in effect.
Proposed Application Requirements: An applicant must provide the
indicators it proposes to use to determine if a participant meets the
definition of ``bilingual or multilingual.'' Applicants may provide
this information in response to the selection criteria, or otherwise as
applicable in their applications.
Proposed Definitions
The Department proposes the following definitions for this program.
We may apply one or more of these definitions in any year in which this
program is in effect.
Bilingual or multilingual means able to listen, speak, read, and
write in two or more languages with at least a high level of
proficiency in each language, as determined based on indicators of
proficiency established by the grantee.
Low-income student means a student--
(a) Who is eligible to receive a Federal Pell Grant for the award
year for which the determination is made; or
(b) Who would otherwise be eligible to receive a Federal Pell Grant
for the award year for which the determination is made, except that the
student fails to meet the requirements of section 484(a)(5) of the
Higher Education Act, 20 U.S.C. 1091(a)(5), because the student is in
the United States for a temporary purpose.
Pre-service means the period of training for a person who does not
have a prior teaching certification or license and who is enrolled in a
teacher education program at an institution of higher education.
Final Priorities, Requirements, and Definitions
We will announce the final priorities, requirements, and
definitions in the Federal Register. We will determine the final
priorities, requirements, and definitions after considering responses
to the proposed priorities, requirements, and definitions and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements,
definitions, or selection criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use one or more of these priorities, requirements,
and definitions, we invite applications through a notice in the Federal
Register.
Executive Orders 12866, 13563, and 14094
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) must determine whether this regulatory action is ``significant''
and, therefore, subject to the requirements of the Executive order and
subject to review by OMB. Section 3(f) of Executive Order 12866, as
amended by Executive Order 14094, defines a ``significant regulatory
action'' as an action likely to result in a rule that may--
(1) Have an annual effect on the economy of $200 million or more
(adjusted every 3 years by the Administrator of Office of Information
and Regulatory Affairs (OIRA)for changes in gross domestic product); or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, territorial, or Tribal governments
or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlements grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise legal or policy issues for which centralized review would
meaningfully further the President's priorities, or the principles set
forth in this Executive order, as specifically authorized in a timely
manner by the Administrator of OIRA in each case.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866, as amended by Executive Order 14094.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866, as amended by Executive Order
14094. To the extent permitted by law, Executive Order 13563 requires
that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these proposed priorities, requirements, and
definitions only on a reasoned determination that their benefits would
justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that would maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with these Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand. The Secretary invites comments
on how to make these proposed priorities, requirements, and definitions
easier to
[[Page 63547]]
understand, including answers to questions such as the following:
<bullet> Are the requirements in the proposed priorities,
requirements, and definitions clearly stated?
<bullet> Do the proposed priorities, requirements, and definitions
contain technical terms or other wording that interferes with their
clarity?
<bullet> Does the format of the proposed priorities, requirements,
and definitions (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity?
<bullet> Would the proposed priorities, requirements, and
definitions be easier to understand if we divided them into more (but
shorter) sections?
<bullet> Could the description of the proposed priorities,
requirements, and definitions in the SUPPLEMENTARY INFORMATION section
of this preamble be more helpful in making the proposed priorities,
requirements, and definitions easier to understand? If so, how?
<bullet> What else could we do to make the proposed priorities,
requirements, and definitions easier to understand?
To send any comments that concern how the Department could make
these proposed priorities, requirements, and definitions easier to
understand, see the instructions in the ADDRESSES section.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed priorities,
requirements, and definitions would not have a significant economic
impact on a substantial number of small entities. The U.S. Small
Business Administration Size Standards define proprietary institutions
as small businesses if they are independently owned and operated, are
not dominant in their field of operation, and have total annual revenue
below $7,000,000. Nonprofit institutions are defined as small entities
if they are independently owned and operated and not dominant in their
field of operation. Public institutions are defined as small
organizations if they are operated by a government overseeing a
population below 50,000.
The small entities that this proposed regulatory action would
affect are IHEs, or public or private entities with relevant experience
and capacity, in consortia with LEAs or SEAs applying for and receiving
funds under this program. The Secretary believes that the costs imposed
on applicants by the proposed priorities, requirements, and definitions
would be limited to paperwork burden related to preparing an
application and that the benefits would outweigh any costs incurred by
applicants.
Participation in this program is voluntary. For this reason, the
proposed priorities, requirements, and definitions would impose no
burden on small entities in general. Eligible applicants would
determine whether to apply for funds and have the opportunity to weigh
the requirements for preparing applications, and any associated costs,
against the likelihood of receiving funding and the requirements for
implementing projects under the program. Eligible applicants most
likely would apply only if they determine that the likely benefits
exceed the costs of preparing an application. The likely benefits
include the potential receipt of a grant as well as other benefits that
may accrue to an entity through its development of an application, such
as the use of that application to seek funding from other sources to
address a shortage in bilingual or multilingual teachers working in a
language instruction education program or serving ELs.
Paperwork Reduction Act of 1995
These proposed priorities, requirements, and definitions do not
contain any information collection requirements.
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 Adobe 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.
Montserrat Garibay,
Assistant Deputy Secretary and Director for the Office of English
Language Acquisition.
[FR Doc. 2023-20011 Filed 9-14-23; 8:45 am]
BILLING CODE 4000-01-P
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