Rule2024-16834
Transitioning Gang-Involved Youth to Higher Education Program
Primary source
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Published
August 1, 2024
Effective
September 3, 2024
Issuing agencies
Education Department
Abstract
The Department of Education (Department) issues a priority and definition for use in the Transitioning Gang-Involved Youth to Higher Education Program. The Department may use the priority and definition for competitions in fiscal year (FY) 2024 and later years. This priority and definition will support projects for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities that will lead to postsecondary certification or credentials.
Full Text
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<title>Federal Register, Volume 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62656-62659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16834]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[ED-2024-OPE-0073]
Transitioning Gang-Involved Youth to Higher Education Program
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final priority and definition.
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SUMMARY: The Department of Education (Department) issues a priority and
definition for use in the Transitioning Gang-Involved Youth to Higher
Education Program. The Department may use the priority and definition
for competitions in fiscal year (FY) 2024 and later years. This
priority and definition will support projects for organizations that
work directly with gang-involved youth to help such youth pursue higher
education opportunities that will lead to postsecondary certification
or credentials.
DATES: This priority and definition are effective September 3, 2024.
FOR FURTHER INFORMATION CONTACT: Jymece Seward, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5C113, Washington, DC 20202-
4260. Telephone: 202-453-6138. Email: <a href="/cdn-cgi/l/email-protection#400a392d2523256e1325372132240025246e272f36"><span class="__cf_email__" data-cfemail="d49eadb9b1b7b1fa87b1a3b5a6b094b1b0fab3bba2">[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:
Purpose of Program: The purpose of the Transitioning Gang-Involved
Youth to Higher Education (TGIY) Program is to provide a funding
opportunity for organizations that work directly with gang-involved
youth to help such youth pursue higher education opportunities that
will lead to postsecondary certification or credentials.
Assistance Listing Number: 84.116Y.
Program Authority: 20 U.S.C. 1138-1138d; Explanatory Statement
accompanying Division D of the Further Consolidated Appropriations Act,
2024 (Pub. L. 118-47).
We published a notice of proposed priority and definition in the
Federal Register on June 6, 2024 (89 FR 48356) (NPP). That document
contained background information and the Department's reasons for
proposing the particular priority and definition. There are no
differences between the proposed priority and definition and the final
priority and definition.
Public Comment: In response to our invitation in the NPP, 11
parties submitted comments on the priority and definition. Generally,
we do not address technical and other minor changes, or suggested
changes that the law does not authorize us to make under applicable
statutory authority. In addition, we do not address general comments
that raised concerns not directly related to the proposed priority and
definition.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority and definition since publication of the
NPP follows.
General Comments
Comments: Four commenters expressed support for the program. One
noted that the 14-24 age range is a key period for positive
intervention and that the criteria in the definition of ``gang-involved
youth'' related to gang identity, permanence, organization, and
elevated criminal activity align with established research on gang
dynamics. One commenter supported the alignment of the criteria in the
definition of ``gang-involved youth'' with the criteria used by the
U.S. Department of Justice's Gang Center.
Discussion: We appreciate the support of the grant program and the
priority and the definition.
Changes: None.
Comments: One commenter suggested that this program should be run
by the Bureau of Prisons.
Discussion: Congress has authorized funding for this program with
appropriated funds for the U.S. Department of Education since FY 2021.
Changes: None.
[[Page 62657]]
Priority
Comments: One commenter suggested broadening the program scope to
include supporting, in addition to gang-involved youth, youth who are
at high-risk of gang involvement.
Discussion: While we recognize the need for supports for the
broader population, the priority is aligned with the congressional
directive that the Department provide a funding opportunity for
organizations that work directly with gang-involved youth to help such
youth pursue higher education opportunities.
Changes: None.
Comments: One commenter suggested that organizations that provide
services unrelated to gang-involved youth should be allowed to apply
for projects.
Discussion: There is nothing in the priority that limits
organizations that provide services unrelated to gang-involved youth
from applying for funding, as long as the proposed project itself is
for work directly related to gang-involved youth.
Changes: None.
Comments: One commenter suggested that we require applicants to
provide in their application their annual success rate with respect to
gang-involved youth pursuing higher education opportunities.
Discussion: Under this program, organizations can propose new
projects that align with the purpose of the grant program such that
they are likely to lead to the intended outcomes for participating
youth. That said, through the selection criteria, which are scored for
each applicant, the peer reviewers determine the quality of the
proposed projects and the ability of the applicants to be able to
implement them.
Changes: None.
Comments: One commenter noted that the Department should look
favorably upon applications that incorporate evidence-based practices,
such as trauma-informed care, mentoring, and job readiness training,
alongside the educational components.
Discussion: Although the final priority does not include an
evidence requirement, the Department plans to use selection criteria
from 34 CFR 75.210 (General selection criteria) to evaluate the extent
to which proposed projects incorporate evidence-based practices,
including as part of the project design and the project evaluation.
Changes: None.
Comments: One commenter suggested that the Department give priority
to applications from agencies that have a mission of providing
licensed, high-quality counseling and follow-up support services to
young people who are identified as ``at risk'' to the influences of
gang membership, including youth who are currently or were formerly
involved with a gang; staffing, or a plan for staffing, sufficient to
ensure a manageable caseload, the leeway for consistently scheduled
follow-ups on progress, and the capacity to provide other support
services; and a strong information and referral base from which they
can further empower clients to seek assistance from other programs and
services that could support them in a more holistic manner to help them
reach their educational goals.
Discussion: The Department intends to use selection criteria from
34 CFR 75.210 (General selection criteria) to evaluate the quality of
the project services and the project personnel, among other things.
Changes: None.
Definition
Comments: Three commenters suggested changing the term ``gang-
involved youth.'' One commenter suggested changing it to ``gang-
impacted'' as a way to help reduce stigma, encourage help-seeking
behavior, address root causes, and enhance research and policy
development. One commenter recommended that we use ``youth who are gang
involved,'' and another commenter suggested that given the age range of
14-24, the group be defined as ``gang-influenced youth and young
adults.''
Discussion: We appreciate the commenters' feedback, but ``gang-
involved youth'' is the term used in the appropriations language
provided by Congress for this program since FY 2021.
Changes: None.
Comments: One commenter suggested that the age range for gang-
involved youth be expanded to 12 to 24 years old.
Discussion: Given the focus of the grant program on preparing youth
for postsecondary education opportunities, having the age range start
at 14 better aligns with the goals of the program. Furthermore, this
age range aligns with the age range in the definition of ``disconnected
youth''--a population that may overlap with gang-involved youth--
established by the Department for use in its discretionary grant
programs. (Secretary's Supplemental Priorities and Definitions for
Discretionary Grants Programs published in the Federal Register on
December 10, 2021 (86 FR 70612)). Aligning these definitions will
promote consistency in the administration of the Department's
discretionary grant programs.
Changes: None.
Final Priority
The Secretary establishes the following priority for use in the
TGIY Program.
Projects for Organizations to Work Directly with Gang-Involved
Youth to Help Such Youth Pursue Higher Education Opportunities.
To meet this priority, an eligible applicant must demonstrate that
the project will work directly with gang-involved youth to help such
youth pursue higher education opportunities.
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)).
Final Definition
The Secretary establishes the following definition for use in the
TGIY Program.
Gang-involved youth means an individual, between the ages 14 and
24, who is or was involved in a group that meets the following
criteria: the group has three or more members who share an identity,
typically linked to a name and often other symbols; members view
themselves as a gang and are recognized by others as a gang; the group
has some permanence and a degree of organization; and the group is
involved in an elevated level of criminal activity.
This document does not preclude us from proposing additional
priorities, requirements, definitions, or selection
[[Page 62658]]
criteria, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use this priority 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 final 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 final 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 this final priority and definition only on a
reasoned determination that their benefits justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that 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 the priority and definition are
minimal, while the potential benefits are significant. The Department
believes that this final regulatory action will not impose significant
costs on eligible entities. Participation in this program is voluntary,
and the costs imposed on applicants by this regulatory action will be
limited to paperwork burden related to preparing an application. The
potential benefits of implementing the program will outweigh the costs
incurred by applicants, and the costs of carrying out activities
associated with the application will be paid for with program funds.
For these reasons, we have determined that the costs of implementation
will not be burdensome for eligible applicants, including small
entities.
We also have determined that this regulatory action does 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.
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 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 the final priority and definition will
not have a significant economic impact on a substantial number of small
entities.
The small entities that this final regulatory action will affect
are institutions of higher education that meet the eligibility
requirements described in section 241(1) of the Higher Education Act of
1965, as amended. The Secretary believes that the costs imposed on
applicants by the final priority and definition will be limited to
paperwork burden related to preparing an application and that the
benefits will outweigh any costs incurred by applicants.
Participation in this program is voluntary. For this reason, the
final priority and definition will impose no burden on small entities
unless they applied for funding under the program. We expect that in
determining whether to apply for TGIY 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 TGIY 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
[[Page 62659]]
application to seek funding from other sources to work directly with
gang-involved youth to help them pursue higher education opportunities
that will lead to postsecondary certification or credentials.
This final regulatory action will not have a significant economic
impact on a small entity once it receives a grant because it will be
able to meet the costs of compliance using the funds provided under
this program.
Paperwork Reduction Act of 1995
This final priority 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, 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 Department documents 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 Department documents 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. 2024-16834 Filed 7-31-24; 8:45 am]
BILLING CODE 4000-01-P
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