Applications for New Awards; High School Equivalency Program

CourtEducation Department
Citation86 FR 68648
Record Number2021-26267
SectionNotices
Published date03 December 2021
Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)
[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
                [Notices]
                [Pages 68648-68653]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-26267]
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                DEPARTMENT OF EDUCATION
                Applications for New Awards; High School Equivalency Program
                AGENCY: Office of Elementary and Secondary Education, Department of
                Education.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: The Department of Education (Department) is issuing a notice
                inviting applications for fiscal year (FY) 2022 for the High School
                Equivalency Program (HEP), Assistance Listing Number 84.141A. This
                notice relates to the approved information collection under the Office
                of Management and Budget (OMB) control number 1894-0006.
                DATES:
                 Applications Available: December 6, 2021.
                 Deadline for Transmittal of Applications: February 1, 2022.
                 Deadline for Intergovernmental Review: April 4, 2022.
                 Pre-Application Webinar Information: The Department will hold pre-
                application workshops via webinar for prospective applicants on
                Wednesday, December 8, 2021, at 1:30 p.m. Eastern Time. We will repeat
                the webinar on Thursday, December 9, 2021, at 1:30 p.m. Eastern Time.
                ADDRESSES: For the addresses for obtaining and submitting an
                application, please refer to our Common Instructions for Applicants to
                Department of Education Discretionary Grant Programs, published in the
                Federal Register on February 13, 2019 (84 FR 3768) and available at
                www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
                FOR FURTHER INFORMATION CONTACT: Millicent Bentley-Memon, U.S.
                Department of Education, 400 Maryland Avenue SW, Room 3E311,
                Washington, DC 20202. Telephone: (202) 401-1427. Email:
                [email protected].
                 If you use a telecommunications device for the deaf (TDD) or a text
                telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
                800-877-8339.
                SUPPLEMENTARY INFORMATION:
                Full Text of Announcement
                I. Funding Opportunity Description
                 Purpose of Program: The HEP is designed to assist migratory or
                seasonal farmworkers (or immediate family members of such workers) to
                obtain the equivalent of a secondary school diploma and subsequently to
                gain improved employment, enter into military service, or be placed in
                an institution of higher education (IHE) or other postsecondary
                education or training.
                 Priorities: This competition includes one competitive preference
                priority and one invitational priority. In accordance with 34
                CFR75.105(b)(2)(iv), the competitive preference priority is from
                section 418A(e) of the Higher Education Act of 1965, as amended (HEA)
                (20 U.S.C. 1070d-2(e)).
                 Competitive Preference Priority: For FY 2022 and any subsequent
                year in which we make awards from the list of unfunded applications
                from this competition, this priority is a competitive preference
                priority. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 15
                points to an application, depending on how well the application meets
                this priority.
                 Consideration of Prior Experience. (Up to 15 points)
                 Projects that are expiring (current HEP grantees in their final
                budget period) will be considered for additional points under this
                competitive preference priority. In accordance with section 418A(e) of
                the HEA, the Department will award up to 15 points for this priority.
                In accordance with 34 CFR 206.31, the Secretary will consider the
                applicant's prior experience in implementing its expiring HEP project,
                based on information that includes:
                 (a) The number of HEP participants served;
                 (b) The percentage of HEP participants exiting the program having
                [[Page 68649]]
                received a High School Equivalency (HSE) diploma;
                 (c) The percentage of HSE diploma recipients who enter
                postsecondary education or training programs, upgraded employment, or
                the military; and
                 (d) The extent to which the applicant met administrative
                requirements.
                 Note: This competitive preference priority applies to expiring
                projects (current HEP grantees in their final budget period) that first
                received their current HEP award in FY 2017.
                 Invitational Priority: For FY 2022 and any subsequent year in which
                we make awards from the list of unfunded applications from this
                competition, this priority is an invitational priority. Under 34 CFR
                75.105(c)(1) we do not give an application that meets this invitational
                priority a competitive or absolute preference over other applications.
                 This priority is:
                 Meeting Student Social, Emotional, and Academic Needs.
                 Projects that are designed to improve students' social, emotional,
                academic, and career development through one or both of the following:
                 (a) Creating a supportive, positive, identity-safe, and inclusive
                climate for students who are migratory or seasonal farmworkers or
                immediate family members of such workers.
                 (b) Fostering partnerships, including across government agencies
                (e.g., housing, human services, or employment agencies), local
                educational agencies, community-based organizations, adult learning
                providers, and postsecondary education institutions, to provide
                comprehensive services to students who are migratory or seasonal
                farmworkers, or immediate family members of such workers, to support
                student social, emotional, mental health and academic needs.
                 Definitions: The definitions of ``migrant farmworker'' and
                ``seasonal farmworker'' are from 34 CFR 206.5. The definitions of
                ``demonstrates a rationale,'' ``experimental study,'' ``logic model,''
                ``project component,'' ``promising evidence,'' ``quasi-experimental
                design study,'' ``relevant outcome,'' and ``What Works Clearinghouse
                Handbooks (WWC Handbooks)'' are from 34 CFR 77.1.
                 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.
                 Experimental study means a study that is designed to compare
                outcomes between two groups of individuals (such as students) that are
                otherwise equivalent except for their assignment to either a treatment
                group receiving a project component or a control group that does not.
                Randomized controlled trials, regression discontinuity design studies,
                and single-case design studies are the specific types of experimental
                studies that, depending on their design and implementation (e.g.,
                sample attrition in randomized controlled trials and regression
                discontinuity design studies), can meet What Works Clearinghouse (WWC)
                standards without reservations as described in the WWC Handbooks:
                 (i) A randomized controlled trial employs random assignment of, for
                example, students, teachers, classrooms, or schools to receive the
                project component being evaluated (the treatment group) or not to
                receive the project component (the control group).
                 (ii) A regression discontinuity design study assigns the project
                component being evaluated using a measured variable (e.g., assigning
                students reading below a cutoff score to tutoring or developmental
                education classes) and controls for that variable in the analysis of
                outcomes.
                 (iii) A single-case design study uses observations of a single case
                (e.g., a student eligible for a behavioral intervention) over time in
                the absence and presence of a controlled treatment manipulation to
                determine whether the outcome is systematically related to the
                treatment.
                 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.
                 Migrant farmworker means a seasonal farmworker--as defined in this
                notice--whose employment required travel that precluded the farmworker
                from returning to his or her domicile (permanent place of residence)
                within the same day.
                 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).
                 Promising evidence means that there is evidence of the
                effectiveness of a key project component in improving a relevant
                outcome, based on a relevant finding from one of the following:
                 (i) A practice guide prepared by WWC reporting a ``strong evidence
                base'' or ``moderate evidence base'' for the corresponding practice
                guide recommendation;
                 (ii) An intervention report prepared by the WWC reporting a
                ``positive effect'' or ``potentially positive effect'' on a relevant
                outcome with no reporting of a ``negative effect'' or ``potentially
                negative effect'' on a relevant outcome; or
                 (iii) A single study assessed by the Department, as appropriate,
                that--
                 (A) Is an experimental study, a quasi-experimental design study, or
                a well-designed and well-implemented correlational study with
                statistical controls for selection bias (e.g., a study using regression
                methods to account for differences between a treatment group and a
                comparison group); and
                 (B) Includes at least one statistically significant and positive
                (i.e., favorable) effect on a relevant outcome.
                 Quasi-experimental design study means a study using a design that
                attempts to approximate an experimental study by identifying a
                comparison group that is similar to the treatment group in important
                respects. This type of study, depending on design and implementation
                (e.g., establishment of baseline equivalence of the groups being
                compared), can meet WWC standards with reservations, but cannot meet
                WWC standards without reservations, as described in the WWC Handbook.
                 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.
                 Seasonal farmworker means a person whose primary employment was in
                farmwork on a temporary or seasonal basis (that is, not a constant
                year-round activity) for a period of at least 75 days within the past
                24 months.
                 What Works Clearinghouse Handbooks (WWC Handbooks) means the
                standards and procedures set forth in the WWC Standards Handbook,
                Versions 4.0 or 4.1, and WWC Procedures Handbook, Versions 4.0 or 4.1,
                or in the WWC Procedures and Standards Handbook, Version 3.0 or Version
                2.1 (all incorporated by reference, see Sec. 77.2). Study findings
                eligible for review under WWC standards can meet WWC standards without
                reservations, meet WWC standards with reservations, or not meet WWC
                standards. WWC practice guides and intervention reports include
                findings from systematic reviews of
                [[Page 68650]]
                evidence as described in the WWC Handbooks documentation.
                 Program Authority: 20 U.S.C. 1070d-2.
                 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 OMB 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
                regulations for this program in 34 CFR part 206. (e) The Migrant
                Education Program (MEP) definitions in 34 CFR 200.81. (f) The National
                Farmworker Jobs Program (NFJP) definitions in 20 CFR 685.110 and
                eligibility regulations in 20 CFR 685.320.
                 Note: The regulations in 34 CFR part 86 apply to IHEs only.
                 Note: The MEP definitions and NFJP definitions and eligibility
                regulations apply to individuals seeking to qualify for HEP based on
                past participation in the MEP or NFJP.
                II. Award Information
                 Type of Award: Discretionary grants.
                 Estimated Available Funds: The Administration has requested
                $12,574,487 for new awards for this program for FY 2022. 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.
                 Contingent upon the availability of funds and the quality of
                applications, we may make additional awards in subsequent years from
                the list of unfunded applications from this competition.
                 Estimated Range of Awards: $180,000-$475,000.
                 Estimated Average Size of Awards: $475,000.
                 Maximum Award: We will not make an award exceeding $475,000 for a
                single budget period of 12 months. Under 34 CFR 75.104(b) the Secretary
                may reject without consideration or evaluation any application that
                proposes a project funding level that exceeds the stated maximum award
                amount.
                 Minimum Award: The Department will not make an award for less than
                the amount of $180,000 for a single budget period of 12 months. Under
                section 418A of the HEA, the Secretary is prohibited from making an
                award for less than the stated award amount. Therefore, we will reject
                any application that proposes a HEP award that is less than the stated
                minimum award amount.
                 Note: This approach is intended to promote fairness and
                transparency in the competitive process.
                 Estimated Number of Awards: 26.
                 Note: The Department is not bound by any estimates in this
                notice.
                 Project Period: Up to 60 months (five 12-month budget periods).
                Under section 418(e) of the HEA, except under extraordinary
                circumstances, the Secretary must award grants for a five-year period.
                Under 34 CFR 75.117(b), applicants must submit a budget narrative
                accompanied by a budget form prescribed by the Secretary that provides
                budget information for each budget period of the proposed project
                period. Therefore, we may reject any application that does not propose
                a five-year project period as reflected on the applicant's ED 524 form,
                Section A and budget narrative form, submitted as a part of the
                application.
                III. Eligibility Information
                 1. Eligible Applicants: An IHE (as defined in section 101 and 102
                of the HEA) or a private nonprofit (as those terms are defined in 34
                CFR 77.1) organization may apply for a grant to operate a HEP project.
                If a private nonprofit organization other than an IHE applies for a HEP
                grant, that organization must plan the project in cooperation with an
                IHE and must propose to operate some aspects of the project with the
                facilities of that IHE.
                 Note: If you are a nonprofit organization, under 34 CFR 75.51,
                you may demonstrate your nonprofit status by providing: (1) Proof
                that the Internal Revenue Service currently recognizes the applicant
                as an organization to which contributions are tax deductible under
                section 501(c)(3) of the Internal Revenue Code; (2) a statement from
                a State taxing body or the State attorney general certifying that
                the organization is a nonprofit organization operating within the
                State and that no part of its net earnings may lawfully benefit any
                private shareholder or individual; (3) a certified copy of the
                applicant's certificate of incorporation or similar document if it
                clearly establishes the nonprofit status of the applicant; or (4)
                any item described above if that item applies to a State or national
                parent organization, together with a statement by the State or
                parent organization that the applicant is a local nonprofit
                affiliate.
                 2. a. Cost Sharing or Matching: This competition does not require
                cost sharing or matching. However, consistent with 34 CFR 75.700, which
                requires an applicant to comply with its approved application, an
                applicant that proposes non-Federal matching funds and is awarded a
                grant must provide those funds for each year that the funds are
                proposed.
                 b. Indirect Cost Rate Information: This program uses a training
                indirect cost rate. This limits indirect cost reimbursement to an
                entity's actual indirect costs, as determined in its negotiated
                indirect cost rate agreement, or eight percent of a modified total
                direct cost base, whichever amount is less. For more information
                regarding training indirect cost rates, see 34 CFR 75.562. For more
                information regarding indirect costs, or to obtain a negotiated
                indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
                 c. Administrative Cost Limitation: This program does not include
                any program-specific limitation on administrative expenses. All
                administrative expenses must be reasonable and necessary and conform to
                Cost Principles described in 2 CFR part 200 subpart E of the Uniform
                Guidance.
                 3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this
                competition may award subgrants--to directly carry out project
                activities described in its application--to the following types of
                entities: IHEs and nonprofit organizations. The grantee may award
                subgrants to entities it has identified in an approved application or
                that it selects through a competition under procedures established by
                the grantee.
                 4. Other: Projects funded under this competition must budget for a
                three-day Office of Migrant Education annual meeting for HEP Directors
                in the Washington, DC area during each year of the project period. Such
                expenses are allowable uses of grant funds and may be included in the
                proposed project budget. This meeting may be held virtually if
                conditions warrant such format.
                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,
                [[Page 68651]]
                published in the Federal Register on February 13, 2019 (84 FR 3768) and
                available at www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which contain requirements and information on how to submit
                an application. Under 34 CFR 206.20, applicants are required to make
                additional submissions with their application. Those requirements are
                available at www.ecfr.gov/current/title-34/subtitle-B/chapter-II/part-206/subpart-C/section-206.20.
                 2. Submission of Proprietary Information: Given the types of
                projects that may be proposed in applications for HEP, 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 competition is subject to
                Executive Order 12372 and the regulations in 34 CFR part 79.
                Information about Intergovernmental Review of Federal Programs under
                Executive Order 12372 is in the application package for this
                competition.
                 4. Funding Restrictions: We reference regulations outlining 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 25 pages and (2) use the
                following standards:
                 A ``page'' is 8.5'' x 11'', on one side only, with 1''
                margins at the top, bottom, and both sides.
                 Double space (no more than three lines per vertical inch)
                all text in the application narrative, including titles, headings,
                footnotes, quotations, references, and captions, as well as all text in
                charts, tables, figures, and graphs.
                 Use a font that is either 12 point or larger or no smaller
                than 10 pitch (characters per inch).
                 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 abstract, the resumes, the
                bibliography, or the letters of support. However, the recommended page
                limit does apply to all of the application narrative. An application
                will not be disqualified if it exceeds the recommended page limit.
                V. Application Review Information
                 1. Selection Criteria: The selection criteria for this competition
                are from 34 CFR 75.210 and are as follows:
                 (a) Need for project (Up to 10 points).
                 (1) The Secretary considers the need for the proposed project.
                 (2) In determining the need for the proposed project, the Secretary
                considers the magnitude of the need for the services to be provided or
                the activities to be carried out by the proposed project. (Up to 10
                points)
                 (b) Quality of the project design (Up to 24 points).
                 (1) The Secretary considers the quality of the design of the
                proposed project.
                 (2) In determining the quality of the design of the proposed
                project, the Secretary considers the following factors:
                 (i) The extent to which the goals, objectives, and outcomes to be
                achieved by the proposed project are clearly specified and measurable.
                (Up to 7 points)
                 (ii) The extent to which the design of the proposed project is
                appropriate to, and will successfully address, the needs of the target
                population or other identified needs. (Up to 5 points)
                 (iii) The extent to which the proposed project will establish
                linkages with other appropriate agencies and organizations providing
                services to the target population. (Up to 5 points)
                 (iv) The extent to which the proposed project demonstrates a
                rationale (as defined in this notice). (Up to 7 points)
                 (c) Quality of project services (Up to 24 points).
                 (1) The Secretary considers the quality of the services to be
                provided by the proposed project.
                 (2) In determining the quality of the services to be provided by
                the proposed project, the Secretary considers the quality and
                sufficiency of strategies for ensuring equal access and treatment for
                eligible project participants who are members of groups that have
                traditionally been underrepresented based on race, color, national
                origin, gender, age, or disability. (Up to 3 points)
                 (3) In addition, the Secretary considers the following factors:
                 (i) The extent to which the services to be provided by the proposed
                project are appropriate to the needs of the intended recipients or
                beneficiaries of those services. (Up to 7 points)
                 (ii) The extent to which the services to be provided by the
                proposed project involve the collaboration of appropriate partners for
                maximizing the effectiveness of project services. (Up to 7 points)
                 (iii) The likely impact of the services to be provided by the
                proposed project on the intended recipients of those services. (Up to 7
                points)
                 (d) Quality of project personnel (Up to 10 points).
                 (1) The Secretary considers the quality of the personnel who will
                carry out the proposed project.
                 (2) In determining the quality of project personnel, the 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 3 points)
                 (3) In addition, the Secretary considers the qualifications,
                including relevant training and experience, of key project personnel.
                (Up to 7 points)
                 (e) Adequacy of resources. (Up to 12 points).
                 (1) The Secretary considers the adequacy of resources for the
                proposed project.
                 (2) In determining the adequacy of resources for the proposed
                project, the Secretary considers the following factors:
                 (i) The adequacy of support, including facilities, equipment,
                supplies, and other resources, from the applicant organization or the
                lead applicant organization. (Up to 4 points)
                 (ii) The relevance and demonstrated commitment of each partner in
                the proposed project to the implementation and success of the project.
                (Up to 4 points)
                 (iii) The extent to which the costs are reasonable in relation to
                the objectives, design, and potential significance of the proposed
                project. (Up to 4 points)
                 (f) Quality of the project evaluation. (Up to 20 points).
                [[Page 68652]]
                 (1) The Secretary considers the quality of the evaluation to be
                conducted of the proposed project.
                 (2) In determining the quality of the evaluation, the Secretary
                considers the following factors:
                 (i) The extent to which the methods of evaluation are thorough,
                feasible, and appropriate to the goals, objectives, and outcomes of the
                proposed project. (Up to 10 points)
                 (ii) The extent to which the methods of evaluation will provide
                performance feedback and permit periodic assessment of progress toward
                achieving intended outcomes. (Up to 5 points)
                 (iii) The extent to which the methods of evaluation will, if well
                implemented, produce promising evidence (as defined in this notice)
                about the project's effectiveness. (Up to 5 points)
                 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, 108.8, and 110.23).
                 Additional factors we consider in selecting an application for an
                award are in section 418A of the HEA. In accordance with section 418A,
                the Secretary makes HEP awards based on the number, quality, and
                promise of the applications. Additionally, in accordance with section
                418A, if final FY 2022 HEP and College Assistance Migrant Program
                appropriations exceed $40,000,000, the Secretary will consider the need
                to provide an equitable geographic distribution of HEP awards. The
                Secretary may consider the need to provide equitable geographic
                distribution of HEP awards when--
                 1. Two or more applicants receive the same score at the funding
                cutoff for this competition;
                 2. The Secretary determines that a geographic region is overserved
                by current HEP projects;
                 3. The Secretary determines that a geographic region is underserved
                by current HEP projects; or
                 4. Two or more applicants propose to operate similar HEP projects
                in the same geographical region.
                 When evaluating a potentially overserved or underserved geographic
                region, the Secretary may consider factors such as migrant or seasonal
                farmworker population data for a State or region, approximate distance
                between current and proposed projects, the type of entity of the
                current or proposed project (e.g., private nonprofit organization, 2-
                year IHE, 4-year IHE), and the number of students proposed to be served
                by the current or proposed HEP project.
                 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 yyou.
                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
                [[Page 68653]]
                terms of any licenses or other legal restrictions on the use of pre-
                existing works. Additionally, a grantee or subgrantee that is awarded
                competitive grant funds must have a plan to disseminate these public
                grant deliverables. This dissemination plan can be developed and
                submitted after your application has been reviewed and selected for
                funding. For additional information on the open licensing requirements
                please refer to 2 CFR 3474.20.
                 4. Reporting: (a) If you apply for a grant under this competition,
                you must ensure that you have in place the necessary processes and
                systems to comply with the reporting requirements in 2 CFR part 170
                should you receive funding under the competition. This does not apply
                if you have an exception under 2 CFR 170.110(b).
                 (b) At the end of your project period, you must submit a final
                performance report, 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 www.ed.gov/fund/grant/apply/appforms/appforms.html.
                 5. Performance Measures: For the purposes of the Government
                Performance and Results Act of 1993 (GPRA) and reporting under 34 CFR
                75.110, the Department developed the following performance measures to
                evaluate the overall effectiveness of HEP: (1) The percentage of HEP
                participants exiting the program having received a HSE diploma (GPRA
                1), and (2) the percentage of HSE diploma recipients who enter
                postsecondary education or training programs, upgraded employment, or
                the military (GPRA 2).
                 Applicants must propose annual targets for these measures and
                establish annual student enrollment targets in their applications.
                Applicants should identify these targets within their application
                abstracts. The national target for GPRA 1 for FY 2022 is that 69
                percent of HEP participants exit the program having received an HSE
                credential. The national target for GPRA 2 for FY 2022 is that 80
                percent of HEP HSE diploma recipients will enter postsecondary
                education or training programs, upgraded employment, or the military.
                The national targets for subsequent years may be adjusted based on
                additional baseline data.
                 Peer reviewers evaluate how well applicants propose to meet their
                application's goals and objectives. Peer reviewers will score related
                selection criteria on the basis of how well an applicant addresses
                these GPRA measures in addition to any other goals and objectives
                included in the application. Therefore, applicants will want to
                consider how to demonstrate a sound capacity to provide reliable data
                on the GPRA measures, including the project's annual performance
                targets for addressing the GPRA performance measures, as is required by
                the OMB-approved annual performance report that is included in the
                application package. All grantees will be required to submit, as part
                of their annual performance report, information with respect to these
                GPRA performance measures.
                 6. Continuation Awards: In making a continuation award under 34 CFR
                75.253, the Secretary considers, among other things: Whether a grantee
                has made substantial progress in achieving the goals and objectives of
                the project; whether the grantee has expended funds in a manner that is
                consistent with its approved application and budget; and, if the
                Secretary has established performance measurement requirements, whether
                the grantee has made substantial progress in achieving the performance
                targets in the grantee's approved application.
                 In making a continuation award, the Secretary also considers
                whether the grantee is operating in compliance with the assurances in
                its approved application, including those applicable to Federal civil
                rights laws that prohibit discrimination in programs or activities
                receiving Federal financial assistance from the Department (34 CFR
                100.4, 104.5, 106.4, 108.8, and 110.23).
                VII. Other Information
                 Accessible Format: On request to the program contact person listed
                under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
                can obtain this document and a copy of the application package in an
                accessible format. The Department will provide the requestor with an
                accessible format that may include Rich Text Format (RTF), text format
                (txt), a thumb drive, an MP3 file, braille, large print, audiotape,
                compact disc, or other accessible format.
                 Electronic Access to This Document: The official version of this
                document is the document published in the Federal Register. You may
                access the official edition of the Federal Register and the Code of
                Federal Regulations at www.govinfo.gov. 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:
                www.federalregister.gov. Specifically, through the advanced search
                feature at this site, you can limit your search to documents published
                by the Department.
                Ian Rosenblum,
                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. 2021-26267 Filed 12-2-21; 8:45 am]
                BILLING CODE 4000-01-P
                

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