Notice2023-25125
Applications for New Awards; Alaska Native Education Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2023
Issuing agencies
Education Department
Abstract
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2024 for the Alaska Native Education (ANE) program, Assistance Listing Number 84.356A. This notice relates to the approved information collection under OMB control number 1894-0006.
Full Text
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<title>Federal Register, Volume 88 Issue 219 (Wednesday, November 15, 2023)</title>
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[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78341-78346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25125]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Alaska Native Education Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for fiscal year (FY) 2024 for the Alaska Native
Education (ANE) program, Assistance Listing Number 84.356A. This notice
relates to the approved information collection under OMB control number
1894-0006.
DATES:
Applications Available: November 20, 2023.
Deadline for Transmittal of Applications: February 13, 2024.
Deadline for Intergovernmental Review: April 15, 2024.
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="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>. Please note that these Common Instructions supersede
the version published on December 27, 2021.
FOR FURTHER INFORMATION CONTACT: Almita Reed, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone:
(202) 260-1979. Email: <a href="/cdn-cgi/l/email-protection#9dd2d8ced8b3dcced6dcd3d8cdddf8f9b3faf2eb"><span class="__cf_email__" data-cfemail="98d7ddcbddb6d9cbd3d9d6ddc8d8fdfcb6fff7ee">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purpose of the ANE program is to support
innovative projects that recognize and address the unique educational
needs of Alaska Natives. These projects must include the activities
authorized under section 6304(a)(2) of the Elementary and Secondary
Education Act of 1965, as amended (ESEA), and may include one or more
of the activities authorized under section 6304(a)(3) of the ESEA,
including, but not limited to, curriculum development, training and
professional development, early childhood and parent outreach, and
enrichment programs.
Background: The ANE program serves the unique educational needs of
Alaska Natives and recognizes the roles of Alaska Native languages and
cultures in the educational success and long-term well-being of Alaska
Native students. The Department encourages applicants to propose a
broad array of activities to achieve these purposes, including
activities that are consistent with the Administration's policy focus
areas, such as promoting equitable access to educational resources and
opportunities. These activities may include supporting inclusive
pedagogical practices in educator preparation and professional
development programs and increasing the number and diversity of
experienced effective educators, including those from the community
they serve.
As noted below, construction projects that will support the
operation of an existing or proposed ANE program will be a permissible
activity only if Congress specifically authorizes the use of FY 2024
funds for this purpose. However, we note that, in each of the last 20
fiscal years, Congress has authorized, through appropriations acts,
that ANE funds may be used for
[[Page 78342]]
construction. If an applicant is interested in both proposing a
construction project and a separate project, we encourage the applicant
to submit separate applications for each project, in case Congress does
not authorize construction through appropriations. If Congress does not
authorize the use of FY 2024 funds for construction, we will notify
applicants who applied for such purpose that we are unable to fund
construction.
Priority: This notice contains one absolute priority.
Consistent with 34 CFR 75.105(b)(2)(v), the absolute priority is
from allowable activities specified in the statute (see section
6304(a)(2)(A) and (B) of the ESEA).
Absolute Priority: For FY 2024 and any subsequent year in which we
make awards from the list of unfunded applications from this
competition, this priority is an absolute priority. Under 34 CFR
75.105(c)(3), we consider only applications that meet the priority. In
the project abstract, applicants must clearly identify the specific
allowable activities the proposed project addresses. The applicant must
address both parts of the priority.
This priority is:
Alaska Native Education Activities.
Projects designed to--
(a) Develop and implement plans, methods, strategies, and
activities to improve the educational outcomes of Alaska Natives; and
(b) Collect data to assist in the evaluation of the programs
carried out under the ANE program.
Note: The construction of facilities that will support the
operation of an existing or proposed ANE program will be a permissible
activity only if Congress specifically authorizes the use of FY 2024
funds for this purpose. If an applicant is interested in both proposing
a construction project and a separate project, we encourage the
applicant to submit separate applications for each project. If Congress
does not authorize the use of FY 2024 funds for construction, we will
notify applicants who applied for such purpose that we are unable to
fund construction.
Definitions: For FY 2024 and any subsequent year in which we make
awards from the list of unfunded applications from this competition,
the following definitions apply. The definitions of ``Alaska Native''
and ``Alaska Native organization'' are from section 6306 of the ESEA
(20 U.S.C. 7546). The definitions of ``demonstrates a rationale,''
``logic model,'' ``project component,'' and ``relevant outcome'' are
from 34 CFR 77.1. The definition of ``Native'' is from section 3(b) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). In
addition, the definitions of ``experience operating programs that
fulfill the purposes of the ANE program,'' ``official charter or
sanction,'' and ``predominately governed by Alaska Natives'' are from
the notice of final definitions and requirements for the Alaska Native
Education Program, published in the Federal Register on June 4, 2019
(84 FR 25682) (NFR).
Alaska Native has the same meaning as the term Native has in
section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(b)) and includes the descendants of individuals so defined.
Alaska Native organization (ANO) means an organization that has or
commits to acquire expertise in the education of Alaska Natives and
is--
(a) An Indian Tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304), that is an
Indian Tribe located in Alaska;
(b) A Tribal organization, as defined in section 4 of such Act (25
U.S.C. 5304), that is a Tribal organization located in Alaska; or
(c) An organization listed in clauses (i) through (xii) of section
619(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i) through
(xii)), or the successor of an entity so listed.
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.
Experience operating programs that fulfill the purposes of the ANE
program means that, within the past four years, the entity has received
and satisfactorily administered, in compliance with applicable terms
and conditions, a grant under the ANE program or another Federal or
non-Federal program that focused on meeting the unique education needs
of Alaska Native children and families in Alaska.
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.
Native means a citizen of the United States who is a person of one-
fourth degree or more Alaska Indian (including Tsimshian Indians not
enrolled in the Metlaktla Indian Community) Eskimo, or Aleut blood, or
combination thereof. The term includes any Native as so defined either
or both of whose adoptive parents are not Natives. It also includes, in
the absence of proof of a minimum blood quantum, any citizen of the
United States who is regarded as an Alaska Native by the Native village
or Native group of which he claims to be a member and whose father or
mother is (or, if deceased, was) regarded as Native by any village or
group. Any decision of the Secretary of the Interior regarding
eligibility for enrollment shall be final.
Official charter or sanction means a signed letter or written
agreement from an Alaska Native Tribe or ANO that is dated within 120
days prior to the date of the submission of the application and
expressly (1) authorizes the applicant to conduct activities authorized
under the ANE program and (2) describes the nature of those activities.
Predominately governed by Alaska Natives means that at least 80
percent of the entity's governing board (i.e., the board elected or
appointed to direct the policies of the organization) are Alaska
Natives.
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.
Application Requirements: The following application requirements
are from section 6304(a) of the ESEA and the NFR. In order to receive
funding, an applicant must meet the following requirements:
(a) The applicant must provide a detailed description of the plans,
methods, strategies, and activities it will develop and implement to
improve the educational outcomes of Alaska Natives and how the
applicant will develop and implement such plans, methods, strategies,
and activities. (ESEA section 6304(a)(2))
(b) The applicant must provide a detailed description of the data
it will collect to assist in the evaluation of the programs carried out
under the ANE program, including data that address the performance
measures in section VI.5 (Performance Measures) of this notice; and how
the applicant will collect such data. (ESEA section 6304(a)(2))
(c) Group Application Requirements:
An applicant that applies as part of a partnership must meet this
requirement,
[[Page 78343]]
in addition to the requirements in paragraphs (a) and (b) above.
(1) An ANO that applies for a grant in partnership with a State
educational agency (SEA) or local educational agency (LEA) must serve
as the fiscal agent for the project.
(2) Group applications under the ANE program must include a
partnership agreement that includes a Memorandum of Understanding or a
Memorandum of Agreement (MOU/MOA) between the members of the
partnership identified and discussed in the grant application. Each
MOU/MOA must--
(i) Be signed by all partners and dated within 120 days prior to
the date of the submission of the application;
(ii) Clearly outline the work to be completed by each partner that
will participate in the grant in order to accomplish the goals and
objectives of the project; and
(iii) Demonstrate an alignment among the activities, roles, and
responsibilities described in the grant application for each of the
partners in the partnership agreement. (NFR)
(d) Applicants Establishing Eligibility through a Charter or
Sanction from an Alaska Native Tribe or ANO:
For an entity that does not meet the eligibility requirements for
an ANO, established in section 6304(a)(1) and 6306(2) of the ESEA and
the definitions in this notice, and that seeks to establish eligibility
through a charter or sanction provided by an Alaska Native Tribe or ANO
as required under section 6304(a)(1)(C)(ii) of the ESEA, the following
documentation is required, in addition to the information in
Application Requirements (a) through (c) above:
(1) Written documentation demonstrating that the entity is
physically located in the State of Alaska.
(2) Written documentation demonstrating that the entity has
experience operating programs that fulfill the purposes of the ANE
program.
(3) Written documentation demonstrating that the entity is
predominately governed by Alaska Natives (as defined in this notice),
including the total number, names, and Tribal affiliations of members
of the governing board.
(4) A copy of the official charter or sanction (as defined in this
notice) provided to the entity by an Alaska Native Tribe or ANO. (NFR)
Note: OESE invites an applicant to indicate whether it intends to
consolidate its ANE grant funds into a current or future 477 plan in
accordance with the provisions of Public Law 115-93 (see <a href="https://www.govinfo.gov/content/pkg/PLAW-115publ93/pdf/PLAW-115publ93.pdf">https://www.govinfo.gov/content/pkg/PLAW-115publ93/pdf/PLAW-115publ93.pdf</a>), the
Indian Employment, Training and Related Services Consolidation Act of
2017 (25 U.S.C. 3401 et seq. see <a href="https://www.govinfo.gov/content/pkg/USCODE-2021-title25/pdf/USCODE-2021-title25-chap36-sec3401.pdf">https://www.govinfo.gov/content/pkg/USCODE-2021-title25/pdf/USCODE-2021-title25-chap36-sec3401.pdf</a>). Any
request to consolidate ANE funds into a 477 plan must be made
separately to the U.S. Department of Interior. For further information
on the integration of grant funds under this and related programs,
contact the Division of Workforce Development, Office of Indian
Services, Bureau of Indian Affairs, U.S. Department of the Interior at
Office of Indian Services, Division of Workforce Development, Bureau of
Indian Affairs, 1849 C Street NW, MS-3645-MIB, Washington, DC 20245,
Telephone: (202) 219-3938.
ANE grantees who are in their last year of ANE funding from a
previous grant and have currently integrated that previous grant under
an approved 477 plan must apply for a new ANE grant under this
competition by submitting an application that meets all of the
requirements included in this notice. If such an applicant receives a
new ANE grant under this competition and wants to consolidate the new
ANE grant in a 477 plan, it must submit a request to the U.S.
Department of Interior to do so.
Statutory Hiring Preference:
(a) Awards that are primarily for the benefit of Indians are
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (93 Pub. L. 638). That
section requires that, to the greatest extent feasible, a grantee--
(1) Give to Indians preferences and opportunities for training and
employment in connection with the administration of the grant; and
(2) Give to Indian organizations and to Indian-owned economic
enterprises, as defined in section 3 of the Indian Financing Act of
1974 (25 U.S.C. 1452(e)), preference in the award of subcontracts in
connection with the administration of the grant.
(b) For purposes of this requirement, an Indian is a member of any
federally recognized Indian Tribe.
Program Authority: Title VI, part C of the ESEA (20 U.S.C. 7541-
7546).
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The NFR.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: The Administration requested $44,953,000
for ANE for FY 2024, of which we intend to use an estimated $15,900,000
for this competition. The actual level of funding, if any, depends on
final congressional action. However, we are inviting applications to
allow enough time to complete the grant process if Congress
appropriates funds for this program.
Estimated Range of Awards: $300,000-$1,500,000 for each 12-month
budget period.
Estimated Number of Awards: 11-53.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 36 months.
III. Eligibility Information
1. Eligible Applicants:
(a) Alaska Native organizations with experience operating programs
that fulfill the purposes of the ANE program;
(b) Alaska Native organizations that do not have experience
operating programs that fulfill the purposes of the ANE program, but
are in partnership with--
(i) An SEA or LEA; or
(ii) An Alaska Native organization that operates a program that
fulfills the purposes of the ANE program; or
(c) An entity located in Alaska, and predominately governed by
Alaska Natives, that does not meet the definition of an Alaska Native
organization but--
(i) Has experience operating programs that fulfill the purposes of
the ANE program; and
(ii) Is granted an official charter or sanction from at least one
Alaska Native Tribe or Alaska Native organization to carry out programs
that meet the purposes of the ANE program.
2. a. Cost Sharing or Matching: This program does not require cost
sharing or matching.
b. Indirect Cost Rate Information: This program uses an
unrestricted indirect
[[Page 78344]]
cost rate. For more information regarding indirect costs, or to obtain
a negotiated indirect cost rate, please see <a href="http://www2.ed.gov/about/offices/list/ocfo/intro.html">www2.ed.gov/about/offices/list/ocfo/intro.html</a>.
c. Administrative Cost Limitation: No more than 5 percent of funds
awarded for a grant under this program may be used for administrative
costs (ESEA section 6305). Note that, since fiscal year 2020, Congress
has included language in appropriations acts to clarify that the
statutory 5 percent limit does not include indirect costs. In the event
such language is not included in the FY 2024 appropriations act, the
Department will work with successful applicants to make budget
adjustments to align with administrative cost restrictions, if
necessary.
For additional information please see the Funding Restrictions
section of this notice.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
4. Build America, Buy America Act: If Congress specifically
authorizes the use of FY 2024 funds for the construction of facilities
that will support the operation of an existing or proposed ANE program,
this program is subject to the Build America, Buy America Act (Pub. L.
117-58) domestic sourcing requirements. Accordingly, under this
program, grantees and their contractors may not use their grant funds
for infrastructure projects or activities (e.g., construction,
remodeling, and broadband infrastructure) unless--
(a) All iron and steel used in the infrastructure project or
activity are produced in the United States;
(b) All manufactured products used in the infrastructure project or
activity are produced in the United States; and
(c) All construction materials are manufactured in the United
States.
Grantees may request waivers to these requirements by submitting a
Build America, Buy America Act Waiver Request Form. For more
information, including a link to the Waiver Request Form, see the
Department's Build America Buy America Waivers website at <a href="https://www2.ed.gov/policy/fund/guid/buy-america/index.html">https://www2.ed.gov/policy/fund/guid/buy-america/index.html</a>.
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>. Please note that these Common Instructions supersede
the version published on December 27, 2021.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the ANE program, your
application may include business information that you consider
proprietary. In 34 CFR 5.11, we define ``business information'' and
describe the process we use in determining whether any of that
information is proprietary and, thus, protected from disclosure under
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as
amended). Because we plan to make successful applications available to
the public, you may wish to request confidentiality of business
information.
Consistent with Executive Order 12600, please designate in your
application any information that you believe is exempt from disclosure
under Exemption 4. In the appropriate Appendix section of your
application, under ``Other Attachments Form,'' please list the page
number or numbers on which we can find this information. For additional
information please see 34 CFR 5.11(c).
3. Intergovernmental Review: This program 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 program.
4. Funding Restrictions: No more than 5 percent of FY 2024 funds
awarded for a grant under this program may be used for administrative
costs (ESEA section 6305).
Note: In general, for purposes of this competition, the 5 percent
limit on administrative costs under ESEA section 6305 includes direct
and indirect administrative costs. As described in the Administrative
Cost Limitation section of this notice, the Department anticipates that
Congress will clarify, through the FY 2024 appropriations act, that
this 5 percent limit does not include indirect costs, and, in the event
such language is not included in the FY 2024 appropriations act, will
work with successful applicants to make budget adjustments to align
with administrative cost restrictions, if necessary.
We reference regulations outlining additional funding restrictions
in the Applicable Regulations section of this notice.
5. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than 30 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.
<bullet> Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
<bullet> Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
The recommended page limit does not apply to the cover sheet; the
budget section, including the narrative budget justification; the
assurances and certifications; or the one-page abstract, the resumes,
the bibliography, or the letters of support. However, the recommended
page limit does apply to all of the application narrative.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 75.210. The maximum score for all of the selection
criteria is 100 points. The maximum score for each criterion is
included in parentheses following the title of the specific selection
criterion. Each criterion also includes the factors that reviewers will
consider in determining the extent to which an applicant meets the
criterion.
The selection criteria are as follows:
(a) Need for project (up to 10 points)
The Secretary considers the need for the proposed project. In
determining the need for the proposed project, the Secretary considers
the extent to which specific gaps or weaknesses in services,
infrastructure, or opportunities have been identified and will be
addressed by the proposed project, including the nature and magnitude
of those gaps or weaknesses.
(b) Quality of the project design (up to 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 the extent to which the proposed
project demonstrates a rationale (as defined in this notice).
(c) Quality of project personnel (up to 10 points)
The Secretary considers the quality of the personnel who will carry
out the proposed project. In determining the quality of project
personnel, the
[[Page 78345]]
Secretary considers the extent to which the applicant encourages
applications for employment from persons who are members of groups that
have traditionally been underrepresented based on race, color, national
origin, gender, age, or disability (up to 5 points).
In addition, the Secretary considers the qualifications, including
relevant training and experience, of key project personnel (up to 5
points).
(d) Quality of the management plan (up to 30 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 adequacy of the
management plan to achieve the objectives of the proposed project on
time and within budget, including clearly defined responsibilities,
timelines, and milestones for accomplishing project tasks.
(e) Quality of the project evaluation (up to 20 points)
The Secretary considers the quality of the evaluation to be
conducted of the proposed project. In determining the quality of the
evaluation, the Secretary considers the following factors:
(1) The extent to which the methods of evaluation will provide
valid and reliable performance data on relevant outcomes (up to 10
points).
(2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and will produce quantitative and
qualitative data to the extent possible (up to 10 points).
Note: The quality of the project evaluation selection criterion
relates to performance measure (1) under the Performance Measures
section of this notice.
2. Review and Selection Process: We remind potential applicants
that, in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also 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, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2), we must make a judgment about
your integrity, business ethics, and record of performance under
Federal awards--that is, the risk posed by you as an applicant--before
we make an award. In doing so, we must consider any information about
you that is in the integrity and performance system (currently referred
to as the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
5. In General. In accordance with the Office of Management and
Budget's guidance located at 2 CFR part 200, all applicable Federal
laws, and relevant Executive guidance, the Department will review and
consider applications for funding pursuant to this notice inviting
applications in accordance with--
(a) Selecting recipients most likely to be successful in delivering
results based on the program objectives through an objective process of
evaluating Federal award applications (2 CFR 200.205);
(b) Prohibiting the purchase of certain telecommunication and video
surveillance services or equipment in alignment with section 889 of the
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR
200.216);
(c) Providing a preference, to the extent permitted by law, to
maximize use of goods, products, and materials produced in the United
States (2 CFR 200.322); and
(d) Terminating agreements in whole or in part to the greatest
extent authorized by law if an award no longer effectuates the program
goals or agency priorities (2 CFR 200.340).
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
[[Page 78346]]
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). At the end of your
project period, you must submit a final performance report, including
financial information, as directed by the Secretary. If you receive a
multiyear award, you must submit an annual performance report that
provides the most current performance and financial expenditure
information as directed by the Secretary under 34 CFR 75.118. The
Secretary may also require more frequent performance reports under 34
CFR 75.720(c). For specific requirements on reporting, please go to
<a href="http://www.ed.gov/fund/grant/apply/appforms/appforms.html">www.ed.gov/fund/grant/apply/appforms/appforms.html</a>.
(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
5. Performance Measures: For the purposes of Department reporting
under 34 CFR 75.110, we have established four performance measures for
the ANE program under the absolute priority: (1) the number of grantees
who attain or exceed the targets for the outcome indicators for their
projects that have been approved by the Secretary; (2) the percentage
of Alaska Native children participating in early learning and preschool
programs who consistently demonstrate school readiness in language and
literacy as measured by the Revised Alaska Development Profile; (3) the
percentage of Alaska Native students in schools served by the program
who earn a high school diploma in four years; and (4) the number of
Alaska Native programs that primarily focus on Alaska Native culture
and language.
For a grantee that includes construction in its project, if
Congress authorizes such use and the Department funds such an
application, the Department will use the following performance measures
for the ANE program: (1) the number of grantees that attain or exceed
the targets for the outcome indicators for their projects that have
been approved by the Secretary; (2) the number and percentage of
grantees that report annually that the overall condition of the
building(s) on which their project focuses is adequate; and (3) the
number and percentage of grantees that report their project is at each
of the following levels of completion: (a) not started; (b) 1-25
percent; (c) 26-50 percent; (d) 51-75 percent; (e) 76-99 percent; (f)
100 percent complete.
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) 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.
Adam Schott,
Deputy Assistant Secretary for Policy and Programs, Delegated the
Authority to Perform the Functions and Duties of the Assistant
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2023-25125 Filed 11-14-23; 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.