Proposed Rule2024-01972
Proposed Priorities, Requirements, and Definition-Augustus F. Hawkins Centers of Excellence Program
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Published
February 1, 2024
Issuing agencies
Education Department
Abstract
The Department of Education (Department) proposes priorities, requirements, and definition for use in the Augustus F. Hawkins Centers of Excellence (Hawkins) Program, Assistance Listing Number 84.428A. The Department may use one or more of these priorities, requirements, and definition for competitions in fiscal year (FY) 2024 and later years. We intend for these priorities, requirements, and definition to help increase the number of, and retain, well-prepared teachers from diverse backgrounds, resulting in a more diverse teacher workforce prepared to teach in our Nation's underserved elementary and secondary schools and close student opportunity and achievement gaps.
Full Text
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<title>Federal Register, Volume 89 Issue 22 (Thursday, February 1, 2024)</title>
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[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6470-6475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01972]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[ED-2024-OPE-0002]
Proposed Priorities, Requirements, and Definition--Augustus F.
Hawkins Centers of Excellence Program
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Proposed priorities, requirements, and definition.
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SUMMARY: The Department of Education (Department) proposes priorities,
requirements, and definition for use in the Augustus F. Hawkins Centers
of Excellence (Hawkins) Program, Assistance Listing Number 84.428A. The
Department may use one or more of these priorities, requirements, and
definition for competitions in fiscal year (FY) 2024 and later years.
We intend for these priorities, requirements, and definition to help
increase the number of, and retain, well-prepared teachers from diverse
backgrounds, resulting in a more diverse teacher workforce prepared to
teach in our Nation's underserved elementary and secondary schools and
close student opportunity and achievement gaps.
DATES: We must receive your comments on or before March 4, 2024.
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 one of the program contact persons listed under FOR
FURTHER INFORMATION CONTACT. The Department will not accept comments
submitted by fax or by email, or 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.''
Note: The Department's policy is generally to make 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: Dr. Vicki Robinson, U.S. Department of
Education, 400 Maryland Avenue SW, 5th Floor, Washington, DC 20202.
Telephone: (202) 453-7907. Email: <a href="/cdn-cgi/l/email-protection#1e48777d7577304c717c77706d71705e7b7a30797168"><span class="__cf_email__" data-cfemail="e8be818b8381c6ba878a81869b8786a88d8cc68f879e">[email protected]</span></a>. You may also
contact Ashley Hillary, U.S. Department of Education, 400 Maryland
Avenue SW, 5th floor, Washington, DC 20202. Telephone: (202) 453-7880.
Email: <a href="/cdn-cgi/l/email-protection#eeaf9d86828b97c0a68782828f9c97ae8b8ac0898198"><span class="__cf_email__" data-cfemail="98d9ebf0f4fde1b6d0f1f4f4f9eae1d8fdfcb6fff7ee">[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 definition. To ensure that
your comments have maximum effect in developing the final priorities,
requirements, and definition, we urge you to identify clearly the
specific section of the proposed priorities, requirements, and
definition 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 definition. 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 definition by
accessing <a href="http://Regulations.gov">Regulations.gov</a>. To inspect comments in person, please
contact one of the persons 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
[[Page 6471]]
documents in the public rulemaking record for these proposed
priorities, requirements, and definition. 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 Hawkins Program, authorized under part B of
title II of the Higher Education Act of 1965, as amended (HEA), is
designed to support comprehensive, high-quality State-accredited
teacher preparation programs by creating centers of excellence at
Historically Black Colleges and Universities (HBCUs); Tribal Colleges
or Universities (TCUs); or Minority Serving Institutions (MSIs), such
as Hispanic-Serving Institutions (HSIs). The Hawkins Program will help
increase the number of, and retain, well-prepared teachers from diverse
backgrounds, resulting in a more diverse teacher workforce prepared to
teach in our Nation's highest-need elementary and secondary schools and
close student opportunity and achievement gaps. This program focuses on
the various aspects of the teacher preparation pipeline, including the
recruitment, preparation, support, placement, and retention and
retraining of teachers for and in high-need schools to support
underserved students. Through this program, the Secretary seeks to fund
applicants that propose to incorporate evidence-based practices into
their teacher preparation program.
Program Authority: 20 U.S.C. 1033-1033a.
Proposed Priorities
Background: There is significant inequity in students' access to
well-prepared, experienced, and effective teachers,\1\ particularly for
students from low-income backgrounds, students of color, children or
students with disabilities, and English learners (ELs).\2\ Providing
all students with consistent access to a well-prepared, effective, and
diverse educator workforce who provide high-quality instruction and
support to all children and youth is essential to closing opportunity
and achievement gaps. Teachers who entered the profession through the
least comprehensive teacher preparation pathway are two to three times
more likely to leave their school or the profession compared to those
who entered through a comprehensive pathway.\3\ Research demonstrates
that high rates of turnover harm student achievement,\4\ and that the
quality of a school's leadership is among the most important predictors
of teacher turnover, with more effective principals being more likely
to retain their best teachers.\5\
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\1\ Isenberg, E., Max, J., Gleason, P., Johnson, M., Deutsch,
J., and Hansen, M. (2016). Do Low-Income Students Have Equal Access
to Effective Teachers? Evidence from 26 Districts (NCEE 2017-4007).
Washington, DC: National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S.
Department of Education.
\2\ <a href="http://www.ed.gov/raisethebar/Eliminating-Educator-Shortages-through-Increasing-Educator-Diversity">www.ed.gov/raisethebar/Eliminating-Educator-Shortages-through-Increasing-Educator-Diversity</a>.
\3\ Ingersoll, R., & May, H. (2011). Recruitment, retention and
the minority teacher shortage. CPRE Research Report #RR-69.
Philadelphia, PA: Consortium for Policy Research in Education,
University of Pennsylvania.
\4\ Carver-Thomas, D., and Darling-Hammond, L. (2017). Teacher
Turnover: Why It Matters and What We Can Do About It, Learning
Policy Institute, <a href="https://learningpolicyinstitute.org/product/teacher-turnover-report">https://learningpolicyinstitute.org/product/teacher-turnover-report</a>.
\5\ Grissom, J. (2018). Strong principals retain effective
teachers--and don't retain ineffective ones, The Brookings
Institution, <a href="https://www.brookings.edu/articles/strong-principals-retain-effective-teachers-and-dont-retain-ineffective-ones/">https://www.brookings.edu/articles/strong-principals-retain-effective-teachers-and-dont-retain-ineffective-ones/</a>.
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The Hawkins Program is critical in enabling the Department to meet
its goal of supporting a diverse teacher workforce to improve student
opportunities, achievement and outcomes, and address the educator
shortage, by providing expanded access to comprehensive, high-quality,
and affordable educator preparation programs. To increase and retain
the number of well-prepared teachers from diverse backgrounds, and
improve their preparation, recruitment, retention and placement, the
Department proposes the following three priorities. We may use one or
more of these priorities in any year in which this program is in
effect.
Proposed Priority 1: Increase Evidence-Based, Comprehensive Pre-
service Clinical Experiences Through Teacher Preparation Programs.
Background: The Department proposes this priority to assist centers
of excellence at eligible institutions of higher education (IHEs) in
expanding their pre-service clinical experiences through comprehensive
teacher preparation programs. The priority would advance comprehensive,
high-quality teacher preparation by creating partnerships with local
high-need districts and schools, in order to form meaningful clinical
practice partnerships and help address teacher shortages. These
clinical practice partnerships can both provide a preparation
opportunity and serve as a pathway to hiring well-prepared teacher
candidates from backgrounds that are underrepresented in the
profession, including teacher candidates of color. High-quality,
evidence-based clinical experience can also lead to increased teacher
retention as research demonstrates that teachers prepared in classrooms
similar to those they teach in after graduation are more likely to
remain in the classroom.\6\ Furthermore, extensive, high-quality,
evidence-based, clinical experience is one of three ``aspects of
preparation that have the highest potential for effects on outcomes for
students.'' \7\
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\6\ Francies, C., Glover, S., and Jamieson, C. (2021). Enhancing
Teacher Preparation Through Clinical Experience. Education
Commission of the States. <a href="https://www.ecs.org/wp-content/uploads/Enhancing-Teacher-Preparation-Through-Clinical-Experience.pdf">https://www.ecs.org/wp-content/uploads/Enhancing-Teacher-Preparation-Through-Clinical-Experience.pdf</a>.
\7\ National Research Council. (2010). Preparing teachers:
Building evidence for sound policy. Report by the Committee on the
study of teacher preparation programs in the United States.
Washington, DC: National Academies Press.
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There are several ways educator preparation programs can partner
with school districts and schools to provide these kinds of clinical
experiences. For example, a number of school districts are partnering
with teacher preparation programs to provide clinical experiences that
are mutually beneficial for teacher candidates and teachers of record,
and their students. Teacher candidates, in addition to completing the
required elements of evidence-based clinical experience, may also serve
in schools in roles that support students and teachers as their
academic schedules allow and as they complete their other requirements
for teacher certification. Teacher residencies and Grow Your Own
programs, which may be supported through registered teacher
apprenticeship programs, can support teacher candidates serving in
these roles and cover the costs associated with extensive clinical
experience. Other examples of educator preparation programs supporting
high need schools in this way can be found here: <a href="http://www.ed.gov/coronavirus/factsheets/teacher-shortage">www.ed.gov/coronavirus/factsheets/teacher-shortage</a>.
Proposed Priority 1:
To meet this priority, an eligible applicant must propose projects
that are evidence-based (as defined in 34 CFR 77.1) comprehensive
teacher preparation programs that provide extensive clinical
experience. Applicants with existing programs must describe their
record in graduating highly skilled, well-prepared, and diverse
teachers and describe how the proposed project will refine or enhance
existing programs. Applicants proposing new programs must describe how
their new program is evidence-based and designed to achieve the
intended outcomes of the Hawkins Program. Applicants must also address
how they will--
(a) Examine the sources of inequity and inadequacy in resources and
[[Page 6472]]
opportunity and implement pedagogical practices in teacher preparation
programs that are inclusive with regard to race, ethnicity, culture,
language, gender, and disability status and that prepare teachers to
create inclusive, supportive, equitable, unbiased, and identity-safe
learning environments for their students;
(b) Prepare teacher candidates to integrate rigorous academic
content, including through the effective use of technology, and
instructional techniques and strategies consistent with universal
design for learning principles;
(c) Prepare teacher candidates to design and deliver instruction in
ways that are engaging and provide their students with opportunities to
think critically and solve complex problems, apply learning in
authentic and real-world settings, communicate and collaborate
effectively, and develop growth mindsets. Teacher candidate pedagogy
should include how to incorporate project-based, work-based, or other
experiential learning opportunities in curriculum development;
(d) Prepare teacher candidates to build meaningful and trusting
relationships with students and their families to support in-home,
community-based, and in-school learning; and
(e) Provide sustained and high-quality pre-service clinical
experiences, including teaching assistant initiatives, that facilitate
the pathway to the teaching credential for those with paraprofessional
experience or high-quality school leader induction and support in the
first three years of school leadership for principals and other school
leaders. In providing such experiences, applicants must consider
opportunities to provide pre-service clinical experience earlier in the
teacher preparation program, as is practicable, and in ways that
benefit students and teachers. These clinical experiences must be
designed to--
(1) Integrate pedagogy and classroom practice and promote effective
teaching skills in academic content areas;
(2) Be tightly aligned with course work with clear, relevant, and
strong links between theory and practice;
(3) Group teacher candidates in cohorts to facilitate reflection of
practice and professional collaboration;
(4) Closely supervise interaction between teacher candidates and
faculty, experienced teachers, principals, and other administrators in
high-need schools or hard-to-staff schools; and
(5) Provide high-quality-teacher mentoring.
Proposed Priority 2: Projects that are Designed to Increase and
Retain the Number of Well-Prepared Teachers from Diverse Backgrounds.
Background: The Department proposes this priority to increase
teacher diversity by supporting teacher candidates from backgrounds
that are underrepresented in the profession. While the majority of U.S
public school students are children of color,\8\ only 20 percent of
teachers are people of color and 40 percent of the Nation's public
schools do not have a single teacher of color on record.\9\ Research
shows that teachers of color benefit all students and can have a
significant positive impact on students of color.\10\ When students of
color are instructed by teachers of color, higher levels of student
achievement,\11\ student encouragement, students forming aspirations
(e.g., through role modeling), teacher recommendations (for example, to
gifted and talented programs), and rigorous course-taking \12\ have all
been observed. Research also demonstrates that teachers of color can be
positive role models for all students in breaking down negative
stereotypes and preparing students to live and work in a multiracial
society.\13\ A more diverse teacher workforce also increases the
likelihood that students of color will have access to culturally and
linguistically relevant teaching and learning and positive
relationships.\14\ Thus, supporting teachers of color can be a critical
strategy for advancing educational equity for students of color and
addressing one of the root causes of institutional barriers to equity
in the academic environment.\15\
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\8\ <a href="https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment">https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment</a>.
\9\ Education Trust (2022). Educators of Color Make the Case for
Teacher Diversity. <a href="https://edtrust.org/wp-content/uploads/2014/09/Educators-of-Color-Make-the-Case-for-Teacher-Diversity-November-2022.pdf">https://edtrust.org/wp-content/uploads/2014/09/Educators-of-Color-Make-the-Case-for-Teacher-Diversity-November-2022.pdf</a>.
\10\ Dee, T. (2004). Teachers, race and student achievement in a
randomized experiment. The Review of Economics and Statistics,
86(1), 195-210; and Gershenson, S., Hart, C.M.D., Lindsay, C.A., &
Papageorge, N.W. (2017). The long-run impacts of same race teachers.
Bonn, Germany: IZA Institute of Labor Economics. Discussion Paper
Series.
\11\ Egalite, A., Kisida, B., & Winters, M.A. Representation in
the classroom: The effect of own-race teachers on student
achievement, Economics of Education Review, 45 (April 2015), 44-52.
\12\ Grissom, J., Kabourek, S., & Kramer, J. Exposure to same-
race or same-ethnicity teachers and advanced math course-taking in
high school: Evidence from a diverse urban district, Teachers
College Record, 122 (2020), 1-42.
\13\ <a href="http://www2.ed.gov/rschstat/eval/highered/racial-diversity/state-racial-diversity-workforce.pdf">www2.ed.gov/rschstat/eval/highered/racial-diversity/state-racial-diversity-workforce.pdf</a>.
\14\ Blazar, D. (2021). Teachers of Color, Culturally Responsive
Teaching, and Student Outcomes: Experimental Evidence from the
Random Assignment of Teachers to Classes. (EdWorkingPaper: 21-501).
Retrieved from Annenberg Institute at Brown University: <a href="https://doi.org/10.26300/jym0-wz02">https://doi.org/10.26300/jym0-wz02</a>.
\15\ <a href="http://www2.ed.gov/rschstat/eval/highered/racial-diversity/state-racial-diversity-workforce.pdf">www2.ed.gov/rschstat/eval/highered/racial-diversity/state-racial-diversity-workforce.pdf</a>.
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Proposed Priority 2:
To meet this priority, applicants must propose projects that are
designed to increase the number of well-prepared teachers and the
diversity of the teacher workforce with a focus on increasing and
retaining a diverse teacher workforce, and improving the preparation,
recruitment, retention, and placement of such teachers.
Applicants addressing this priority must describe--
(a) How their project will integrate multiple services or
initiatives across academic and student affairs, such as academic
advising, counseling, stipends, child-care, structured/guided pathways
from teacher candidates' first year in the preparation program through
successful employment placement, career services, or student financial
aid, such as scholarships, with the goal of increasing program
completion and credential attainment;
(b) Their plan for identifying and supporting teacher candidates
from backgrounds that are underrepresented in the profession, including
teacher candidates of color. This plan must span the beginning of the
preparation program through graduation, and include a plan to improve
program entry rates, as applicable, graduation rates, passage rates for
certification and licensure exams, and rates of successful employment
placement between teacher candidate subgroups and an institution's
overall teacher candidate population; and
(c) Their proposed initiatives to promote the retention of teachers
from backgrounds that are underrepresented in the profession, including
teachers of color, prepared through the program, which may include
induction programs, such as teacher or school leader induction
programs, or mentorship programs that provide school and district
leaders with the support they need to persist in their professions.
Proposed Priority 3--Increasing the Number of Bilingual and/or
Multilingual Teachers with Full Certification.
Background: The Department proposes this priority to increase
teacher diversity by expanding the number of bilingual and multilingual
teachers with full teacher certification. In addition to the need for
more teachers of color, a parallel challenge in the Nation's public
schools lies in the shortage of multilingual teachers prepared to teach
a growing population
[[Page 6473]]
of English Learners (ELs). ELs are the fastest growing student
demographic, with more than ten percent of students identified as ELs
currently.\16\ Additionally, about one-quarter of all students speak a
language other than English at home, whereas only 1 in 8 teachers
do.\17\ Despite that, more than half of the States nationwide are
experiencing bilingual and multilingual teacher shortages and a quarter
of the States do not require certification or endorsements for teachers
who teach ELs.\18\
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\16\ <a href="https://nces.ed.gov/programs/digest/d20/tables/dt20_204.20.asp">https://nces.ed.gov/programs/digest/d20/tables/dt20_204.20.asp</a>.
\17\ <a href="https://datacenter.kidscount.org/data/tables/81-children-who-speak-a-language-other-than-english-at-home?loc=1&loct=1#detailed/1/any/false/1729,37,871,870,573,869,36,868,867,133/any/396,397">https://datacenter.kidscount.org/data/tables/81-children-who-speak-a-language-other-than-english-at-home?loc=1&loct=1#detailed/1/any/false/1729,37,871,870,573,869,36,868,867,133/any/396,397</a>.
\18\ Torre Gibney, D., Kelly, H., Rutherford-Quach, S., Ballen
Riccards, J. & Parker, C. (2021). Addressing the bilingual teacher
shortage. CCNetwork.
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The bilingual and multilingual teacher shortage has the potential
to have a negative impact on all students, but especially ELs. These
shortages may be among the reasons why ELs have some of the lowest
achievement levels and graduation rates.\19\ During the pandemic, ELs
were also likely to lose instructional time, thus experiencing setbacks
in their language acquisition goals.\20\ Research demonstrates that ELs
who are taught in bilingual settings, such as dual-language immersion
programs, by well-prepared bilingual teachers have stronger academic
outcomes and better English-language acquisition trajectories than ELs
who are taught in English only, which underscores the need to close the
multilingual teacher shortage gap.\21\ Additionally, ELs who learn in
bilingual settings in which they can maintain their native languages
while learning English have stronger social and emotional development,
cross-cultural skills, and problem-solving skills.\22\
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\19\ https://www2.ed.gov/datastory/el-outcomes/
index.html#:~:text=Graduation%20Rates,-
In%202015%E2%80%9316&text=For%20ELs%20the%20rate%20was,%2DELs%20(85%2
0percent).
\20\ <a href="http://www.gao.gov/products/gao-21%E2%80%9343">www.gao.gov/products/gao-21%E2%80%9343</a>.
\21\ Steele, J., Slater, R., Zamarro, G., Miller, T., Li, J.,
Burkhauser, S., Bacon, M. (2017). Effects of Dual-Language Immersion
Programs on Student Achievement: Evidence From Lottery Data,
American Educational Research Journal, 54, no. 1S,: 282S-306S,
<a href="https://journals.sagepub.com/doi/abs/10.3102/0002831216634463">https://journals.sagepub.com/doi/abs/10.3102/0002831216634463</a>.
\22\ Williams, C., Soto-Boykin, X., Zabala, J., Meek, S. (2023).
Why We Need To Cultivate America's Multilingual, Multicultural
Assets. The Century Foundation. <a href="https://tcf.org/content/report/why-we-need-to-cultivate-americas-multilingual-multicultural-assets/#easy-footnote-bottom-9">https://tcf.org/content/report/why-we-need-to-cultivate-americas-multilingual-multicultural-assets/#easy-footnote-bottom-9</a>.
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Bilingual and multilingual learning environments can also mitigate
linguistic barriers that limit family engagement, as bilingual and
multilingual teachers are more likely to communicate with
linguistically diverse families and ensure they have equitable access
to learn about their students' education.\23\ Bilingual and
multilingual teachers' assets are critical to creating inclusive school
and family partnerships where linguistically diverse families can
meaningfully participate in their child's education.\24\
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\23\ Hopkins, M., & Schutz, K.M. (2019). Bilingual teacher
leadership: Supporting linguistically responsive practices and
parent engagement in schools. NABE Journal of Research and Practice,
9(2), 96-109.
\24\ Newcomer, S.N., & Puzio, K. (2016). ``Cultivando
confianza'': A bilingual community of practice negotiates
restrictive language policies. International Journal of Bilingual
Education and Bilingualism, 19(4), 347-369.
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Proposed Priority 3:
To meet this priority, applicants must propose projects that are
designed to prepare effective and experienced bilingual and/or
multilingual teachers for high-need schools by increasing the number of
teachers across elementary and secondary schools who are fully
certified to provide academic language instruction in a language other
than English, including for English Learners (ELs). These projects must
prepare teacher candidates to lead students toward linguistic fluency
and academic achievement in more than one language. Applicants must
describe how--
(a) Their project will integrate multiple services or initiatives
across academic and student affairs, such as academic advising,
counseling, stipends, child-care, structured/guided pathways from
teacher candidates' first year in the preparation program through
successful employment placement, career services, and student financial
aid, such as scholarships, and provide the necessary knowledge and
skills so that teacher candidates can serve students from many
different language backgrounds; and
(b) Their plan for recruiting, supporting, and retaining bilingual
and/or multilingual teacher candidates, including those who may have a
teaching credential but have not been teaching in bilingual and/or
multilingual education settings; aspiring teachers; and teaching
assistants who are interested in becoming bilingual and/or multilingual
teachers.
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)).
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 Requirement 1--Draft Written Agreement with Clinical
Practice Partner(s).
An applicant must provide a Draft Written Agreement (DWA) that
identifies the partnership between: (1) at least one eligible IHE with
a state accredited teacher preparation program, and (2) a high-need
local educational agency (LEA) or consortium of high-need LEAs, or with
a high-need school or consortium of high-need schools. The agreement
with partners is intended to ensure that the parties joining the
project are committed to fulfilling the purpose of the clinical
practice by either creating new partnerships or expanding existing
partnerships, and that teacher candidates will not become the teacher
of record prior to completing the certification program, including pre-
service clinical experience, and, for any candidates who entered the
program without a bachelor's degree, obtaining a bachelor's. Grantees
will finalize the DWA into a Final Written Agreement (FWA) within 120
days of grant award notification.
Proposed Requirement 2--Supplement-Not-Supplant.
Grant funds must be used so that they supplement and, to the extent
practical, increase the funds that would otherwise be available for the
activities to be carried out under this grant.
Proposed Requirement 3--Indirect Cost Rate Information.
A grantee's indirect cost reimbursement is limited to 8 percent of
a modified total direct cost base. For
[[Page 6474]]
more information regarding indirect costs, or to obtain a negotiated
indirect cost rate, please see <a href="http://www.ed.gov/about/offices/list/ocfo/intro.html">www.ed.gov/about/offices/list/ocfo/intro.html</a>.
Proposed Definition
The Department proposes the following definition for this program.
We may apply this definition in any year in which this program is in
effect.
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
State-approved teacher education program at an institution of higher
education, prior to becoming the teacher of record.
Final Priorities, Requirements, and Definition
We will announce the final priorities, requirements, and definition
in a document in the Federal Register. We will determine the final
priorities, requirements, and definition after considering public
comments on the proposed priorities, requirements, and definition 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 definition, 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) determines 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 three 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
definition 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.
The potential costs associated with these priorities, requirements,
and definition would be minimal, while the potential benefits are
significant. The Department believes that this proposed regulatory
action would not impose significant costs on eligible entities.
Participation in this program is voluntary, and the costs imposed on
applicants by this regulatory action would be limited to paperwork
burden related to preparing an application. The potential benefits of
implementing the program would outweigh the costs incurred by
applicants, and the costs of carrying out activities associated with
the application would be paid for with program funds. For these
reasons, we have determined that the costs of implementation would not
be burdensome for eligible applicants, including small entities.
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 definition
easier to understand, including answers to questions such as the
following:
<bullet> Are the requirements in the proposed priorities,
requirements, and definition clearly stated?
<bullet> Do the proposed priorities, requirements, and definition
contain technical terms or other wording that interferes with their
clarity?
[[Page 6475]]
<bullet> Does the format of the proposed priorities, requirements,
and definition (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity?
<bullet> Would the proposed priorities, requirements, and
definition be easier to understand if we divided them into more (but
shorter) sections?
<bullet> Could the description of the proposed priorities,
requirements, and definition in the SUPPLEMENTARY INFORMATION section
of this preamble be more helpful in making the proposed priorities,
requirements, and definition easier to understand? If so, how?
<bullet> What else could we do to make the proposed priorities,
requirements, and definition easier to understand?
To send any comments that concern how the Department could make
these proposed priorities, requirements, and definition 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 definition would not have a significant economic
impact on a substantial number of small entities.
The small entities that this proposed regulatory action would
affect are IHEs that meet the eligibility requirements described in
section 241(1) of the HEA. The Secretary believes that the costs
imposed on applicants by the proposed priorities, requirements, and
definition 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 definition would impose no
burden on small entities unless they applied for funding under the
program. We expect that in determining whether to apply for Hawkins
Program funds, an eligible applicant would evaluate the requirements of
preparing an application and any associated costs, and weigh them
against the benefits likely to be achieved by receiving a Hawkins
Program grant. 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 the teacher shortage
present in the Nation's high need-need public schools.
This proposed regulatory action would not have a significant
economic impact on a small entity once it receives a grant because it
would be able to meet the costs of compliance using the funds provided
under this program. We invite comments from eligible small entities as
to whether they believe this proposed regulatory action would have a
significant economic impact on them and, if so, request evidence to
support that belief.
Paperwork Reduction Act of 1995
These proposed priorities, requirements, and definition 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 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.
Nasser Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2024-01972 Filed 1-31-24; 8:45 am]
BILLING CODE 4000-01-P
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