Notice Inviting Applications (NIA) for the FY 2020 Education Stabilization Fund-Reimagine Workforce Preparation (ESF-RWP) Grants Program

Published date23 June 2020
Citation85 FR 37636
Record Number2020-13480
SectionNotices
CourtEducation Department
Federal Register, Volume 85 Issue 121 (Tuesday, June 23, 2020)
[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
                [Notices]
                [Pages 37636-37648]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-13480]
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                DEPARTMENT OF EDUCATION
                Notice Inviting Applications (NIA) for the FY 2020 Education
                Stabilization Fund--Reimagine Workforce Preparation (ESF-RWP) Grants
                Program
                AGENCY: Office of Career, Technical, and Adult Education, Department of
                Education.
                ACTION: Supplemental notice.
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                SUMMARY: The Department of Education (Department) is issuing an NIA for
                eligible applicants for the FY 2020 ESF-RWP Grants program under
                section 18001(a)(3) of Division B of the Coronavirus Aid, Relief, and
                Economic Security Act (CARES Act), Catalog of Federal Domestic
                Assistance (CFDA) number 84.425G. This notice relates to the approved
                information collection under OMB control number 1894-0006. This
                supplemental notice supersedes the notice published on April 27, 2020
                at https://oese.ed.gov/offices/education-stabilization-fund/states-highest-coronavirus-burden/.
                DATES:
                 Applications Available: June 23, 2020.
                 Deadline for Notice of Intent to Apply: July 13, 2020.
                 Deadline for Transmittal of Applications: August 24, 2020.
                ADDRESSES: Pre-Application Information: The Department will post
                additional information for prospective applicants on the ESF-RWP
                program website: https://cte.ed.gov/grants/funding-opportunities.
                 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.
                 The addresses pertinent to this program, including the addresses
                for obtaining and submitting an application, can be found under
                SUPPLEMENTARY INFORMATION.
                FOR FURTHER INFORMATION CONTACT: Erin Berg, U.S. Department of
                Education, 400 Maryland Avenue SW, Room 11113, PCP, Washington, DC
                20202. Telephone: (202) 245-6792. 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 purpose of the ESF-RWP Grants program is to
                provide support to help States with the highest coronavirus \1\ burden
                create or expand short-term education and training opportunities and/or
                or career pathways programs that help citizens return to work, become
                entrepreneurs, or expand their small businesses (as described under
                Absolute Priority 1); or to enable States to create or expand small
                business incubators that offer education and training, mentorship, as
                well as shared facilities and resources that will help small businesses
                recover and grow and new entrepreneurs thrive (as described under
                Absolute Priority 2).
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                 \1\ See CARES Act, Sec. 18001(a)(3).
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                 Short-term educational programs or career pathways programs created
                or expanded under Absolute Priority 1 of this program must lead to
                certificates, badges, micro-credentials, licenses, or other workplace-
                relevant credentials that respond to the needs of employers or
                facilitate entrepreneurship. By definition, career pathways programs
                must also enable participants who have not already completed a high
                school diploma or equivalent to earn such a diploma or equivalent.
                Short-term educational and career pathways programs supported under
                this program must create opportunities for individuals to more rapidly
                prepare for, and over time adapt to, changing workplace needs or to
                start or grow a small business.
                 Grant funds may be used under Absolute Priority 1 to develop and
                implement short-term education and training programs and/or career
                pathways programs, hire qualified instructors, procure necessary
                equipment and supplies, and subsidize tuition and fees for individuals
                enrolled in these or existing short-term educational, workforce
                development or career pathways programs so that they can quickly gain
                entry to the workforce or become entrepreneurs without taking on debt.
                Funds may also be used to provide student uniforms, protective gear,
                student support services and transportation vouchers for all students,
                as well as childcare support for student-parents who are enrolled in
                education and training programs supported by programs developed under
                this grant program.
                 Unlike traditional degree and certificate programs which are
                typically designed by educators, this grant program is designed to
                support efforts led by State Workforce Development
                [[Page 37637]]
                Boards, in partnership with groups of employers, industry
                organizations, and education and training partners to identify
                workplace competencies, develop curriculum and assessments that help
                workers gain and demonstrate those competencies, and establish a
                credentialing system that employers will use to make hiring and
                promotion decisions within their organizations. The Department
                encourages applicants to review existing occupational frameworks and
                incorporate them, to the extent possible, in their efforts. The program
                does not seek to fund the development of new occupational frameworks
                where existing frameworks that have been endorsed by employers or
                industry sectors already exist.\2\
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                 \2\ For example, the NICE Framework (https://niccs.us-cert.gov/workforce-development/cyber-security-workforce-framework) should be
                utilized for the development of programs preparing individuals to
                meet the demands of cybersecurity in various aspects of the
                information technology industry, and the Department of Labor has
                supported the development of a number of industry-led competency
                frameworks for use in designing education and training programs that
                meet employer needs (see https://www.urban.org/policy-centers/center-labor-human-services-and-population/projects/competency-based-occupational-frameworks-registered-apprenticeships and https://www.careeronestop.org/CompetencyModel/).
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                 While grants will be made to State Workforce Boards, these
                recipients may partner with business and trade organizations, employers
                or groups of employers, Standards Recognition Entities (SREs),\3\
                Institutions of Higher Education (IHEs), third-party intermediaries who
                help employers design and implement work-based learning programs, and
                other education and training providers.
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                 \3\ U.S. Department of Labor, ``Industry-Recognized
                Apprenticeship Program,'' https://www.apprenticeship.gov/industry-recognized-apprenticeship-program.
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                 This grant program also supports a second activity, which is
                designed to cultivate entrepreneurship by supporting the development of
                small business incubators located on the campuses of, or developed in
                association with, colleges and universities. These incubators provide,
                among other things, short-term educational and training programs or
                continuing education courses to help entrepreneurs establish and grow
                their businesses, comply with or exceed industry standards, and meet
                State and occupational health, safety and licensure requirements. In
                addition to educational offerings, small business incubators also
                provide mentorship from faculty and other business professionals, and
                typically offer shared space, services, staffing and equipment to help
                small businesses get started and grow.
                 These small business incubators create new opportunities for
                colleges and universities to expand their offerings and create new
                revenue streams so that institutions can also become entrepreneurial at
                a time when declining enrollments and COVID-19 related disruptions may
                result in longer-term underutilization of campus facilities. In this
                regard, these funds assist in the stabilization of institutions and the
                local economy.
                 Background: Section 18001(a)(3) of the CARES Act directs the
                Secretary to allocate 1 percent of the Education Stabilization Fund
                appropriated by the Act to provide grants to States with the highest
                coronavirus burden to support education and training activities, as
                well as economic stabilization activities, described under section
                18001 of the CARES Act or the Higher Education Act of 1965, as amended.
                 Our goals in administering these grants include, among other
                things, creating new education and training opportunities designed to
                help dislocated workers quickly return to employment, expanding
                postsecondary options and opportunities, and supporting
                entrepreneurship in stabilizing both the local economy and institutions
                of higher education, thus restoring pre-pandemic economic growth.
                 The Department will make awards to State Workforce Boards that, at
                the Governor's direction, will award under Absolute Priority 1,
                subgrants to business organizations, trade associations, continuing
                education providers employer-based educational organizations, labor
                organizations, education and training organizations and institutions of
                higher education to create or expand innovative education and training
                opportunities, primarily through short-term educational programs and
                career pathways programs that are responsive to rapidly changing
                economic conditions, provide new opportunities for education providers
                to help more individuals meet employer needs and workforce demands,
                and/or help entrepreneurs succeed in rebuilding their businesses and
                finding new opportunities for growth.
                 This program will also engage States in developing mechanisms--such
                as creating competency exams and evaluations, developing tracking
                systems to monitor participant outcomes, and administering employer
                satisfaction surveys--for assuring the quality of short-term
                educational programs and for engaging business leaders in their
                development, implementation, and assessment.
                 Under Absolute Priority 2, State Workforce Boards will make
                subgrants available to colleges and universities, and/or college or
                university-affiliated entities, to support the development or expansion
                of campus-based or campus-affiliated small business incubator programs
                and facilities. The goal under Absolute Priority 2 is to improve the
                sustainability of institutions of higher education, expand learning
                opportunities in the State, support the continued employment of faculty
                and staff at educational organizations, and create new opportunities
                for entrepreneurs and small business owners to grow, become more
                resilient and thrive.
                 State Workforce Boards function under the Governor's direction, and
                include representatives of education, small business, labor and
                economic development, making them well suited to administer these
                grants on behalf of a State. Grants may support, through subgrants or
                contractual relationships, a variety of entities, including state
                higher education agencies, institutions of higher education, and other
                postsecondary and continuing education and training providers. Non-
                traditional educational providers, including those engaged in
                apprenticeship and other work-based learning opportunities (such as
                training providers under Workforce Innovation and Opportunity Act
                (WIOA) title I programs), National Apprenticeship sponsors, and
                Standards Recognition Entities are eligible to receive funds, through
                subgrants, as part of an ESF-RWP Grant project.
                 The coronavirus pandemic created a public health crisis that in
                turn generated a precipitous economic crisis unlike any we have seen in
                recent history. The economic challenges of today were not born of
                business failures, lack of good ideas, or declining consumer demand. In
                fact, prior to the outbreak of COVID-19, economic growth was stronger
                than ever before and unemployment was at its lowest point in fifty
                years.\4\ Moreover, prior to the pandemic, unemployment among
                underrepresented minorities and individuals with disabilities was at
                its lowest rate in history.
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                 \4\ The White House, ``U.S. Unemployment Rate Falls to 50-Year
                Low,'' October 4, 2019, https://www.whitehouse.gov/articles/u-s-unemployment-rate-falls-50-year-low/.
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                 However, when businesses were asked to close their doors, employees
                were required to work from home, and consumers were forced to find new
                [[Page 37638]]
                ways to obtain goods and services--to protect public health--many
                workers found themselves suddenly unemployed.
                 The pandemic also had a tremendous impact on the many small
                businesses that anchor communities and drive the local and national
                economy. Almost all of America's businesses are small businesses,\5\
                and 89 percent have fewer than 20 employees.\6\ As Governors and local
                officials issued COVID-19 stay at home orders to protect the health of
                citizens, there has been a dramatic, negative impact on the small
                business community across the United States.
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                 \5\ J.P. Morgan Chase and Company, Small Businesses are an
                Anchor of the U.S. Economy, n.d. Retrieved from: https://www.jpmorganchase.com/corporate/institute/small-business-economic.htm.
                 \6\ U.S. Census Bureau, U.S. Department of Commerce, Number of
                Firms, Number of Establishments, Employment, and Annual Payroll by
                Enterprise Employment Size for the United States and States, Totals:
                2017. Retrieved from: https://www2.census.gov/programs-surveys/susb/tables/2017/us_state_totals_2017.xlsx?#.
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                 The pandemic also had an unprecedented impact on the nation's
                colleges and universities, forcing most to abandon use of their ground-
                based classrooms and campus facilities and engage in various modalities
                of distance learning. With some already struggling under declining
                enrollments, and others concerned that students will wait out a
                semester before returning to campus, there is concern that many
                institutions will not be able to enroll enough students to continue the
                employment of faculty and staff and maintain campus operations through
                the end of the calendar year. As a result, institutions must become
                entrepreneurial in finding new ways to more quickly meet the needs of
                students, employers, and their local community--and to do so at lower
                cost and in ways that generate significantly less student debt.
                 Institutions must find new uses for campus facilities that create
                novel revenue streams and expand the kinds of high-quality short-term
                learning opportunities available for students. In addition, States must
                do more to help those who lack a high school diploma or equivalency
                prepare for jobs and earn a post-secondary credential.
                 Institutions of higher education are not alone in their ability to
                provide high quality postsecondary education and training
                opportunities, and thus are not the sole entities eligible for
                subgrants under this program. The U.S. Department of Labor has
                identified the capacity of employers and trade associations in various
                industry sectors to work collaboratively to expand the number of high
                quality apprenticeship opportunities made available to prepare
                individuals for in-demand jobs without the burden of Direct Loan
                student debt.\7\ Moreover, employer participation in education and
                training programs improves the earnings and employment outcomes of
                program participant when compared to education provided without deep
                employer engagement.\8\ We believe that sector-based strategies can be
                equally or more effective than traditional college or university
                programs in providing short-term educational programs and training
                opportunities that help individuals continue their education and
                advance in their careers.
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                 \7\ https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/FOA-ETA-18-08.pdf.
                 \8\ Barnow, Burt S., and Shayne Spaulding. 2015. ``Employer
                Involvement in Workforce Programs: What Do We Know?'' In
                Transforming U.S. Workforce Development Policies for the 21st
                Century, edited by Carl Van Horn, Tammy Edwards, and Todd Greene.
                Atlanta, GA: Federal Reserve Bank of Atlanta, Federal Reserve Bank
                of Kansas City, and Rutgers University.
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                 We applaud the Department of Labor for its efforts, and plan to
                leverage what we have learned from them and their successes to
                similarly employ sector-based strategies in expanding the number and
                types of education and training opportunities available to individuals,
                employers, and communities. Sector-based education, training, and
                credentialing strategies ensure the critical mass needed to sustain
                these programs and to ensure the long-term value of credentials earned.
                 Education and training opportunities supported with these funds can
                include Registered Apprenticeship Program Programs (RAP) and Industry
                Recognized Apprenticeship Programs (IRAPs), as well as other work-based
                learning and continuing education programs, and funds can support the
                development of curriculum or assessment tools as well as systems to
                maintain student records and verify credentials earned by students who
                complete these programs.
                 These funds may also be used to provide student stipends for work-
                based learning opportunities; subsidize tuition and fees for short-term
                educational programs and career pathways programs; procure or rent
                equipment and supplies necessary for instruction and assessment;
                provide pre-apprenticeship, adult education and literacy activities (as
                defined in this notice), including integrated education and training
                (as defined in this notice); provide supportive services for
                participants, including childcare vouchers and transportation vouchers,
                career guidance and academic counseling; and develop and implement
                interoperable learning record systems that record and communicate to
                potential employers verifiable information about an individual's
                credentials, skills, and achievements.
                 The Department of Education wishes to ensure that individuals,
                employers, educators and training providers have access to the most
                complete, current and beneficial information about providers, programs
                and credentials supported with these grant funds. To this end, the
                Department requires that information about all credentials (including
                but not limited to badges, certificates, certifications, licenses, and
                degrees of all levels and types) and competencies (knowledge, skills
                and abilities) developed or delivered through the use of these Federal
                funds be made publicly accessible through the use of linked open data
                formats that support full transparency and interoperability, such as
                through the use of credential transparency description language
                specifications.
                 Under Absolute Priority 2, funds may be used to convert
                underutilized campus-based or campus-affiliated facilities to small
                business incubators, to hire staff to operate the facility, to
                subsidize wages of faculty and entrepreneurs-in-residence, to purchase
                or rent equipment that will serve as a shared resource for incubator
                occupants or support the work of the incubator's administrative staff,
                to subsidize the cost to participants of enrolling in short-courses or
                continuing education opportunities and to subsidize on a sliding scale
                the rent paid by small businesses that are operating out of or using
                space, facilities or shared equipment or services provided by the
                incubator.
                 Applicants are encouraged to develop innovative solutions that move
                beyond traditional education and training regimes. The proposed project
                design should be supported by evidence that meets the standard of
                demonstrates a rationale (as defined in this notice). Applications may
                provide a framework that identifies key components on how the proposed
                strategy, program, or activity is informed by research or by the
                positive outcomes of earlier efforts that are similar to or serve as
                the foundation for the proposed project.\9\ These positive outcomes
                must suggest the proposed activity is likely to improve relevant
                outcomes (as defined in this notice). We encourage evidence that
                demonstrates a rationale for the proposed activity to ensure that some
                [[Page 37639]]
                preliminary work has been done to demonstrate the merit of the
                proposal, while at the same time inviting the broadest possible range
                of innovative solutions that may not yet have been tested at scale or
                evaluated through experimental or quasi-experimental design.
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                 \9\ This type of action can also be described as a logic model,
                as defined by 34 CFR 77.1.
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                 Priorities: This notice contains two absolute priorities and three
                competitive preference priorities. We are establishing these priorities
                for the FY 2020 grant competition and any subsequent year in which we
                make awards from the list of unfunded applications from this
                competition, in accordance with section 437(d)(1) of the General
                Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
                 Absolute Priorities: These priorities are absolute priorities.
                Under 34 CFR 75.105(c)(3), we consider only applications that meet one
                of the two absolute priorities. The Secretary intends to award grants
                under each of Absolute Priorities 1 and 2 for which applications of
                sufficient quality are submitted. Because applications will be placed
                in rank order separately by Absolute Priority, applicants must clearly
                identify whether the proposed project addresses either Absolute
                Priority 1 or Absolute Priority 2. Each State Workforce Board may
                submit only one application under this competition that addresses
                either absolute priority, but not both.
                 These priorities are:
                Absolute Priority 1
                 Projects that will focus on:
                 (a) Creating, developing, implementing, replicating, or taking to
                scale short-term educational programs and training courses or programs,
                and/or career pathways programs, including those focused on
                facilitating and strengthening entrepreneurship and small business
                ownership. Applicants must propose a project that focuses on one or
                more of the following activities: (1) Helping displaced workers return
                to gainful employment; (2) helping new workers enter jobs within in-
                demand industry sectors or occupations (as identified at the national,
                State or local level); (3) transitioning underemployed workers to new
                fields, or (4) assisting small business owners to gain the skills
                needed to create new businesses or grow current businesses and become
                more resilient; and/or
                 (b) Funding the creation, development, implementation, replication,
                or scaling of industry sector-based education and training models and
                programs that:
                 (1) Are initiated and organized by employer stakeholders, which may
                include business leaders, trade associations, professional societies or
                community businesses organizations;
                 (2) May partner with institutions of higher education or other
                post-secondary education and training providers; and
                 (3) May include the engagement of third-party intermediaries, which
                are organizations that help bridge the gap between employers and
                educational institutions to the benefit of students.
                 Projects under Absolute Priority 1(a) and 1(b) may include
                apprenticeships and other work-based learning programs and must provide
                individuals the opportunity to earn badges, certifications, micro-
                credentials, licenses, or other credentials that employers
                affirmatively signal will contribute to qualifying a candidate for
                employment or promotion in an in-demand industry sector or occupation
                (as defined in this notice).
                 Competitive Preference Priority 1: Within this absolute priority,
                we give competitive preference to applications that address the
                following priority:
                 Under 34 CFR 75.105(c)(2)(i) we award up to an additional five
                points to an application that meets Competitive Preference Priority 1.
                This priority is:
                Competitive Preference Priority 1--Distance Education
                 The extent to which an application that proposes a project in which
                the short-term educational programs and training programs described
                above include didactic education that will be principally delivered
                through distance education (as defined in this notice); or
                 Competitive Preference Priority 2: Within this absolute priority,
                we give competitive preference to applications that serve lifelong
                learners in distressed communities.
                 We will award up to an additional three points to an application
                that addresses:
                Competitive Preference Priority 2--Serving Lifelong Learners in
                Distressed Communities (0 to 3 points)
                 The extent to which an application proposes a project that focuses
                on the unique needs of individuals who reside in rural communities or
                Opportunity Zones, and that is designed to enable economic growth and
                development in those regions. This could include focusing primarily on
                in-demand jobs available to individuals in these communities, aligning
                education and job training opportunities with the strategic planning
                goals for economic development in the community, or meeting the unique
                needs of individuals who may have challenges related to transportation,
                childcare or limitations in access to technology associated with living
                and working in these communities.
                 For purposes of this competition, we will consider a community as
                rural if the community meets qualifications for rural applicants
                established in section 114(e)(5)(A) of Perkins V, and the applicant
                certifies that it meets those qualifications in its application.
                 Opportunity Zones must be census tracts designated by the Secretary
                of the Treasury under section 1400Z-1 of the Internal Revenue Code. An
                applicant must provide the census tract numbers of the Qualified
                Opportunity Zone(s) in which it proposes to provide services.
                Absolute Priority 2
                 Projects that will focus on creating or supporting one or more IHE-
                based or IHE-affiliated small business incubators that leverage the
                facilities and/or instructional resources of one or more IHEs to
                support high-quality job growth, the establishment of small businesses
                important to the local economy or the development of technology
                commercialization. Applicants must propose a plan to provide education,
                training and mentorship; offer shared facilities, services, space or
                equipment; and facilitate partnerships and networks among business
                leaders that help entrepreneurs start or expand their core businesses
                or develop business adjacencies that will enable them expand into new
                markets, products or services.
                 Competitive Preference Priority 3: Within absolute priority 2, we
                give competitive preference to applications that address the following
                priority:
                Competitive Preference Priority 3--Serving Entrepreneurs and Businesses
                in Distressed Communities (0 to 3 points)
                 (a) The applicant will locate the business incubator, or include as
                an affiliated partner in managing and administering an off-campus
                business incubator, at least one minority-serving institution of higher
                education that is eligible to receive assistance under sections 316
                through 320 of part A of Title III, under part B of Title III, or under
                Title V of the Higher Education Act of 1965. An applicant must identify
                the minority-serving institution of higher education with which it will
                partner; or
                 (b) The applicant will locate the IHE-affiliated business incubator
                in a rural community or Opportunity Zone in order to support the
                business development goals of those communities and to enable
                businesses
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                that are located in those regions and that employ individuals who live
                in those communities to thrive.
                 For purposes of this competition, we will consider a community as
                rural if the community meets qualifications for rural applicants
                established in section 114(e)(5)(A) of Perkins V, and the applicant
                certifies that it meets those qualifications in its application.
                 Opportunity Zones must be census tracts designated by the Secretary
                of the Treasury under section 1400Z-1 of the Internal Revenue Code. An
                applicant must provide the census tract numbers of the Qualified
                Opportunity Zone(s) in which it proposes to provide services.
                 Definitions: The definitions of ``demonstrates a rationale,''
                ``performance measure,'' ``performance target,'' ``project component,''
                and ``relevant outcome'' are from 34 CFR 77.1. The definition of
                ``work-based learning'' is from section 3 of the Carl D. Perkins Career
                and Technical Education Act of 2006, as amended by the Strengthening
                Career and Technical Education for the 21st Century Act. The definition
                of ``institution of higher education'' is from section 101 of the
                Higher Education Act of 1965, as amended (HEA). The definitions of
                ``career pathway,'' ``dislocated worker,'' and ``recognized
                postsecondary credential'' are from section 3 of the WIOA (29 U.S.C.
                3102). The definitions of ``adult education and literacy activities''
                and ``integrated education and training'' are from section 203 of the
                WIOA. The definition of Registered Apprenticeship and the definition of
                an Industry Recognized Apprenticeship are provided by the U.S.
                Department of Labor.\10\ The definition of ``State'' is from section
                18007 of the CARES Act. We are establishing the definitions of
                ``coronavirus burden,'' ``distance education,'' ``entrepreneurship
                education,'' ``industry sector-based education and training programs,''
                ``industry-recognized credential,'' ``micro-credential,'' ``non-
                traditional education,'' ``pre-apprenticeship,'' ``small business
                incubator,'' ``short-term educational programs,'' and ``State Workforce
                Board,'' ``standards recognition entities,'' ``third-party
                intermediaries'' for the FY 2020 grant competition and any subsequent
                year in which we make awards from the list of unfunded applications
                from this competition, in accordance with section 437(d)(1) of GEPA, 20
                U.S.C. 1232(d)(1).
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                 \10\ Federal Register, Vol 85, No. 48, Wednesday, March 11,
                2020, pgs. 14294-14392 (https://www.govinfo.gov/content/pkg/FR-2020-03-11/pdf/2020-03605.pdf.
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                 Adult education and literacy activities means programs, activities,
                and services that include adult education, literacy, workplace adult
                education and literacy activities, family literacy activities, English
                language acquisition activities, integrated English literacy and civics
                education, workforce preparation activities, or integrated education
                and training.
                 Career pathway \11\ means a combination of rigorous and high-
                quality education, training, and other services that--
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                 \11\ 29 U.S.C. 3102(7).
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                 (a) Aligns with the skill needs of industries in the economy of the
                State or regional economy involved;
                 (b) Prepares an individual to be successful in any of a full range
                of secondary or postsecondary education options, including
                apprenticeships programs registered under the Act of August 16, 1937
                (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664,
                chapter 663; 29 U.S.C. 50 et seq.);
                 (c) Includes counseling to support an individual in achieving the
                individual's education and career goals;
                 (d) Includes, as appropriate, education offered concurrently with
                and in the same context as workforce preparation activities and
                training for a specific occupation or occupational cluster;
                 (e) Organizes education, training, and other services to meet the
                particular needs of an individual in a manner that accelerates the
                educational and career advancement of the individual to the extent
                practicable;
                 (f) Enables an individual to attain a secondary school diploma or
                its recognized equivalent and at least one recognized postsecondary
                credential; and
                 (g) Helps an individual enter or advance within a specific
                occupation or occupational cluster.
                 Coronavirus burden means burden on a State from coronavirus based
                on the measures in Appendix 1 and any measures identified by the
                applicant in response to Application Requirement 1.
                 Demonstrates a rationale means a key project component included in
                the project's design is informed by research or evaluation findings
                that suggest the project component is likely to improve relevant
                outcomes.
                 Dislocated worker means an individual who--
                 (A)(i) Has been terminated or laid off, or who has received a
                notice of termination or layoff, from employment;
                 (ii)(I) Is eligible for or has exhausted entitlement to
                unemployment compensation; or
                 (II) Has been employed for a duration sufficient to demonstrate, to
                the appropriate entity at a one-stop center referred to in WIOA section
                121(e), attachment to the workforce, but is not eligible for
                unemployment compensation due to insufficient earnings or having
                performed services for an employer that were not covered under a State
                unemployment compensation law; and
                 (iii) Is unlikely to return to a previous industry or occupation;
                 (B)(i) Has been terminated or laid off, or has received a notice of
                termination or layoff, from employment as a result of any permanent
                closure of, or any substantial layoff at, a plant, facility, or
                enterprise;
                 (ii) Is employed at a facility at which the employer has made a
                general announcement that such facility will close within 180 days; or
                 (iii) For purposes of eligibility to receive services other than
                training services described in WIOA section 134(c)(3), career services
                described in WIOA section 134(c)(2)(A)(xii), or supportive services, is
                employed at a facility at which the employer has made a general
                announcement that such facility will close;
                 (C) Was self-employed (including employment as a farmer, a rancher,
                or a fisherman) but is unemployed as a result of general economic
                conditions in the community in which the individual resides or because
                of natural disasters;
                 (D) Is a displaced homemaker; or
                 (E)(i) Is the spouse of a member of the Armed Forces on active duty
                (as defined in section 101(d)(1) of title 10, United States Code), and
                who has experienced a loss of employment as a direct result of
                relocation to accommodate a permanent change in duty station of such
                member; or
                 (ii) Is the spouse of a member of the Armed Forces on active duty
                and who meets the criteria described in WIOA section 3(16)(B).
                 Distance education means:
                 (1) Education that uses one or more of the technologies listed in
                paragraphs (2)(i) through (iv) of this definition to deliver
                instruction to students who are separated from the instructor or
                instructors and to support regular and substantive interaction between
                the students and the instructor or instructors, either synchronously or
                asynchronously.
                 (2) The technologies that may be used to offer distance education
                include--
                 (i) The internet;
                [[Page 37641]]
                 (ii) One-way and two-way transmissions through open broadcast,
                closed circuit, cable, microwave, broadband lines, fiber optics,
                satellite, or wireless communications devices;
                 (iii) Audio conference; or
                 (iv) Other media used in a course in conjunction with any of the
                technologies listed in paragraph (2)(i) through (iii) of this
                definition.
                 (3) For purposes of this definition, an instructor is an individual
                responsible for delivering course content and who meets the
                qualifications for instruction established by an institution's
                accrediting agency.
                 (4) For purposes of this definition, substantive interaction is
                engaging students in teaching, learning, and assessment, consistent
                with the content under discussion, and also includes at least two of
                the following--
                 (i) Providing direct instruction;
                 (ii) Assessing or providing feedback on a student's coursework;
                 (iii) Providing information or responding to questions about the
                content of a course or competency;
                 (iv) Facilitating a group discussion regarding the content of a
                course or competency; or
                 (v) Other instructional activities approved by the institution's or
                program's accrediting agency.
                 (5) An institution ensures regular interaction between a student
                and an instructor or instructors by, prior to the student's completion
                of a course or competency--
                 (i) Providing the opportunity for substantive interactions with the
                student on a predictable and regular basis commensurate with the length
                of time and the amount of content in the course or competency; and
                 (ii) Monitoring the student's academic engagement and success and
                ensuring that an instructor is responsible for promptly and proactively
                engaging in substantive interaction with the student when needed on the
                basis of such monitoring, or upon request by the student.
                 Entrepreneurship education means the preparation of an individual
                to start and operate a new business venture through the development of
                knowledge and skills associated with entrepreneurship, including, but
                not limited to--
                 (a) Understanding the nature, role, and challenges of the
                entrepreneur;
                 (b) Identifying and assessing opportunities for new business
                ventures;
                 (c) Preparing a business plan and budgets and forecasting resource
                needs;
                 (d) Understanding and anticipating financing requirements,
                including the use of capital and debt as a means to finance a new
                business venture, the various strategies for attracting financing, and
                the trade-offs associated with each strategy;
                 (e) Examining the various business structure options for a new
                business venture, and understanding the benefits and tradeoffs offered
                by available organizational forms for a new business venture;
                 (f) Understanding and anticipating personnel needs for a new
                business venture;
                 (g) Examining cost-effective technologies for a new business
                venture;
                 (h) Understanding how effectively to market and advertise,
                including through the use of social and digital media, a new business
                venture;
                 (i) Examining common key legal issues experienced by new business
                ventures; and
                 (j) Examining how to manage for the survival and growth of a new
                business venture.
                 Institution of higher education (IHE) means--
                 (a) An educational institution in any State that--
                 (1) Admits as regular students only persons having a certificate of
                graduation from a school providing secondary education, or the
                recognized equivalent of such a certificate, or persons who meet the
                requirements of section 484(d) of the HEA;
                 (2) Is legally authorized within such State to provide a program of
                education beyond secondary education;
                 (3) Provides an educational program for which the institution
                awards a bachelor's degree or provides not less than a 2-year program
                that is acceptable for full credit toward such a degree, or awards a
                degree that is acceptable for admission to a graduate or professional
                degree program, subject to review and approval by the Secretary;
                 (4) Is a public or other nonprofit institution; and
                 (5) Is accredited by a nationally recognized accrediting agency or
                association or, if not so accredited, is an institution that has been
                granted preaccreditation status by such an agency or association that
                has been recognized by the Secretary for the granting of pre-
                accreditation status, and the Secretary has determined that there is
                satisfactory assurance that the institution will meet the accreditation
                standards of such an agency or association within a reasonable time.
                 (b) The term also includes:
                 (1) Any school that provides not less than a 1-year program of
                training to prepare students for gainful employment in a recognized
                occupation and that meets the provisions of paragraphs (1), (2), (4),
                and (5) of subsection (a) of this definition; and
                 (2) A public or nonprofit private educational institution in any
                State that, in lieu of the requirement in subsection (a)(1) of this
                definition, admits as regular students individuals--
                 (A) Who are beyond the age of compulsory school attendance in the
                State in which the institution is located; or
                 (B) Who will be dually or concurrently enrolled in the institution
                and a secondary school.
                 In-demand industry sector or occupation means: (1) An industry
                sector that has a substantial current or potential impact (including
                through jobs that lead to economic self-sufficiency and opportunities
                for advancement) on the State, regional or local economy, as
                appropriate, and that contributes to the growth or stability of other
                supporting businesses, or the growth of other industry sectors; or (2)
                an occupation that currently has or is projected to have a number of
                positions (including positions that lead to economic self-sufficiency
                and opportunities for advancement) in an industry sector so as to have
                a significant impact on the state, regional or local economy, as
                appropriate.\12\
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                 \12\ Workforce Innovation and Opportunity Act, Section 3(23).
                ---------------------------------------------------------------------------
                 Integrated education and training means a service approach that
                provides adult education and literacy activities concurrently and
                contextually with workforce preparation activities and workforce
                training for a specific occupation or occupational cluster for the
                purpose of educational and career advancement.
                 Industry recognized apprenticeship is a high-quality apprenticeship
                program, wherein an individual obtains workplace-relevant knowledge and
                progressively advancing skills, that include a paid-work component and
                an educational or instructional component, and that result in an
                industry-recognized credential. An IRAP is developed or delivered by
                entities such as trade and industry groups, corporations, non-profit
                organizations, educational institutions, unions, and joint labor-
                management organizations. An IRAP is an apprenticeship program that has
                been recognized as a high-quality program by an SRE pursuant to 29 CFR
                29.22(a)(4)(i) through (x) and otherwise meets the requirements of 29
                CFR part 29, subpart B.
                 Industry-recognized credential means a credential that verifies a
                person's qualifications or competence in
                [[Page 37642]]
                performing specific skills or meeting specific industry performance
                requirements, and which employers rely upon in hiring and promotion
                decisions.
                 Industry sector-based education and training programs means
                programs that are designed to meet the training and education needs of
                a particular industry sector (or subsector)--such as advanced
                manufacturing, healthcare, transportation, information technology,
                cybersecurity, hospitality and tourism, personal services, etc.--as
                identified by business owners and leaders who work or represent
                companies in that sector, and that enable learners to enter employment
                or qualify for promotions at companies within the industry sector upon
                completion.
                 Micro-credential means certifications that verify an individual's
                competence in a specific skill or set of skills within an occupation,
                and that meet the requirements of an industry-recognized credential as
                defined above.
                 Non-traditional education means education other than full-time,
                degree-yielding, ground-based classroom education and may include
                education and training that is delivered through distance learning,
                work based learning or virtual simulation modalities; by providers of
                sub-degree educational programs including employers, trade
                associations, unions, continuing education providers, non-accredited
                postsecondary providers and IHEs; or that result in credentials other
                than 2-year, 4-year or graduate degrees.
                 Performance measure means any quantitative indicator, statistic, or
                metric used to gauge program or project performance.
                 Performance target means a level of performance that an applicant
                would seek to meet during the course of a project or as a result of a
                project.
                 Pre-apprenticeship means a program or set of services designed to
                prepare individuals to enter and succeed in a Registered Apprenticeship
                program or an Industry Recognized Apprenticeship Program and has a
                documented partnership with at least one Registered Apprenticeship or
                Industry Recognized Apprenticeship program.
                 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).
                 Recognized postsecondary credential means a credential consisting
                of an industry-recognized certificate or certification, a certificate
                of completion of an apprenticeship, a license recognized by the State
                involved or Federal Government, or an associate or baccalaureate
                degree.
                 Registered Apprenticeship means a program registered by the U.S.
                Department of Labor or a U.S. Department of Labor approved State
                Apprenticeship Agency that provides an industry-driven, high-quality
                career pathway where employers can develop and prepare their future
                workforce, and individuals can obtain paid work experience, classroom
                instruction, and a portable credential.\13\
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                 \13\ https://www.govinfo.gov/content/pkg/FR-2020-03-11/pdf/2020-03605.pdf.
                ---------------------------------------------------------------------------
                 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.
                 Small business incubator means a facility that is often on a IHE
                campus, or is affiliated with an IHE, that offers startup companies
                shared operation space, access to short-term classes and instruction,
                provides mentoring and networking opportunities, and provides access to
                shared facilities, services, personnel and/or equipment.
                 Short-term educational program means a program that provides not
                less than 150, and not more than 600, clock hours of instructional time
                (or equivalent) over a period of not less than 8 weeks and not more
                than 15 weeks. Short-term programs lead to certificates, badges, micro-
                credentials, licenses and other workplace-relevant credentials, respond
                to the needs of employers and create opportunities for individuals to
                more rapidly prepare for, and over time adapt to, changing workplace
                needs.
                 Standards Recognition Entities means an entity that is qualified to
                recognize apprenticeship programs as Industry-Recognized Apprenticeship
                Programs and that has been recognized by the U.S. Department of Labor.
                 State means each of the 50 States, the District of Columbia, and
                Puerto Rico.
                 State Workforce Board means the group of leaders appointed by the
                governor from state, business, industry, labor, education and
                community-based organizations to advise the governor on performing the
                duties and responsibilities required by the Federal Workforce
                Innovation and Opportunity Act.
                 Third-party intermediaries means an organization or individual that
                provides industry or occupation-specific expertise to support employers
                in a particular industry sector, coordinate partner responsibilities,
                and provide program administration to aggregate demand for educational
                services, particularly for small and medium-sized employers that may
                not have the capacity to operate educational, work-based learning or
                apprenticeship programs on their own, and assist with instruction and
                support services.
                 Work-based learning means sustained interactions with industry or
                community professionals in real workplace settings to the extent
                practicable, or simulated environments at an educational institution
                that foster in-depth, firsthand engagement with the tasks required in a
                given career field, that are aligned to curriculum and instruction.
                 Application Requirements: The following application requirements
                are established for the FY 2020 ESF-RWP Grant competition and any
                subsequent year in which we make awards from the list of unfunded
                applications from this competition, in accordance with section
                437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). Applicants must address the
                following application requirements:
                 (1) Include a description of the State's coronavirus burden based
                on indicators and information factors other than those provided in
                Appendix 1 that demonstrate the significance of the impact of COVID-19
                on students, employers, small businesses and economic development in
                the State. This may include additional data, including other public
                health measures such as coronavirus-related deaths per capita, or any
                other relevant education, labor, or demographic data.
                 (2) Describe the applicant's approach to addressing Absolute
                Priority 1 or 2. This description must include a list of organizations
                and entities that will be included as partners in developing and
                implementing the planned activities, an implementation plan and
                timeline for key grant activities and a plan for how the applicant will
                collect data to report on the performance measures for this program. It
                must also include the estimated number of students, businesses, and
                IHEs, if applicable, that the applicant intends to serve with grant
                funds. The applicant must also list other sources of Federal funds it
                is seeking or has secured, under the CARES Act or other Federal grant
                programs, to carry out the same, similar or related activities to those
                proposed in the applicant's plan.
                 (3) Provide an analysis of State assets and collaborative efforts
                (including supports already provided from Federal and non-Federal
                sources) to respond to the economic impacts of COVID-19 and the need
                for short-term educational programs, including those that support
                [[Page 37643]]
                small business owners and entrepreneurs and/or those that provide
                industry sector-based education and training programs that lead to
                industry-recognized credentials in the case of an application that
                addresses Absolute Priority 1 or the need for short-term educational
                programs and courses for small business and/or small business
                incubators (or similar entities) in the case of an application that
                addresses Absolute Priority 2.
                 (4) A description of the steps the State is taking at the time of
                the application to identify and address the State's immediate needs
                outlined in application requirement (2), including:
                 (a) For applicants addressing Absolute Priority 1(a)--
                 (i) How the State is meeting the education, support, and mentorship
                needs of individuals who seek career preparation or advancement through
                short-term educational programs and career pathways programs;
                 (ii) Which short-term educational programs or career pathways
                programs will be the focus of the grant activities; and
                 (iii) Which occupations or occupational clusters will be the focus
                of the grant activities; or
                 (b) For applicants addressing Absolute Priority 1(b)--
                 (i) How the State will identify the industry sectors and sector
                leaders that will engage in developing and implementing sector-based
                education, training, and credentialing programs;
                 (ii) Prior experience the State has in leading sector-based
                education and training activities, including in the development of
                sector-based apprenticeship programs;
                 (iii) How the State will recruit businesses and employers that will
                participate in the program and rely on credentials earned through
                industry sector-based education and training programs to hire and
                promote employees; and
                 (iv) Which educational providers, which may include IHEs or other
                post-secondary education and training providers, have experience in
                working with industry leaders or employers to develop or provide
                competency-based education programs and which educational providers
                have committed to partner with the applicant on the proposed project;
                or
                 (c) For applicants addressing Absolute Priority 2--
                 (i) How the State is currently providing education, training and
                support to entrepreneurs and small business owners;
                 (ii) How the State will build upon prior experiences with small
                business incubators or identify which kinds of small businesses it can
                best serve through one or more small business incubators that are
                affiliated with one or more IHEs;
                 (iii) How the State will identify institutional partners,
                geographic location(s) or industry sector(s) to be served by one or
                more small business incubators developed with these grant funds;
                 (iv) The specialized assistance, facilities, shared equipment and
                other shared resources that will be provided by the proposed small
                business incubator; and
                 (v) Other sources of funding or continuing support that will enable
                the small business incubator to continue operating after the expiration
                of these grant funds.
                 (5) Describe how the applicant will recruit unemployed or
                dislocated workers; workers seeking job transition or advancement;
                entrepreneurs; small business owners or other participants who would
                benefit from the education, training and/or business development
                opportunities that will be provided with grant funds, and how the
                applicant will determine participation if demand exceeds supply.
                 (6) Provide an assurance that the applicant will provide
                information to the Secretary, as requested, for evaluations that the
                Secretary may carry out.
                 Program Requirement: The following program requirement is
                established for the FY 2020 ESF-RWP Grants competition and any
                subsequent year in which we make awards from the list of unfunded
                applications from this competition, in accordance with section
                437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1):
                 Grantees must make information on all credentials (including
                badges, certificates, certifications, licenses, and degrees of all
                levels and types) and competencies (knowledge, skills and abilities)
                achieved as a result of funding under this program publicly accessible
                through the use of linked open data formats that support full
                transparency and interoperability. Such information must include the
                industry sector for or by which the credential was developed, the
                entities involved in the development of the credential, the
                competencies or skills assessed in awarding the credential, the form of
                assessment used to verify an individual's eligibility to be awarded the
                credential, and the body engaged in overseeing the awarding of such
                credentials.
                 Waiver of Proposed Rulemaking: Under the Administrative Procedure
                Act (5 U.S.C. 553), the Department generally offers interested parties
                the opportunity to comment on proposed priorities, selection criteria,
                definitions, and other requirements. Section 437(d)(1) of GEPA,
                however, allows the Secretary to exempt from rulemaking requirements
                regulations governing the first grant competition under a new or
                substantially revised program authority. This is the first grant
                competition for this program under section 18001(a)(3) of the CARES
                Act, and therefore qualifies for this exemption. In order to ensure
                timely grant awards, the Secretary has decided to forgo public comment
                on the priorities, requirements, definitions, and selection criteria
                under section 437(d)(1) of GEPA.
                 Program Authority: Section 18001(a)(3) of VIII of Division B of the
                CARES Act, Public Law 116-36 (enacted March 27, 2020).
                 Applicable Regulations: (a) The Education Department General
                Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97,
                98, and 99. (b) The Office of Management and Budget Guidelines to
                Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
                2 CFR part 180, as adopted and amended as regulations of the Department
                in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
                Principles, and Audit Requirements for Federal Awards in 2 CFR part
                200, as adopted and amended as regulations of the Department in 2 CFR
                part 3474.
                II. Award Information
                 Estimated Available Funds: $127,500,000. These estimated available
                funds are the amount available for ESF-RWP grants under the FY 2020
                CARES Act. The Department will determine the number of awards to be
                made under each absolute priority based on the quality of applications
                received consistent with the selection criteria and priorities. It will
                also determine the size of an award made to an eligible applicant based
                on a review of the eligible applicant's budget. The Department may use
                any unused funds designated for this competition to make awards under
                the ESF-REM program.
                 Estimated Range of Awards: $5,000,000-$20,000,000.
                 Estimated Average Size of Awards: $15,000,000.
                 Estimated Number of Awards: 8-9.
                 Note: The Department is not bound by any estimates in this notice.
                 Project Period: Up to 36 months.
                III. Eligibility Information
                 1. Eligible Applicants: The eligible applicant is a State Workforce
                Board.
                [[Page 37644]]
                 Note: A State may submit only one application in response to this
                notice to implement a proposed project that addresses either Absolute
                Priority 1 or Absolute Priority 2, but not both.
                 2. Cost Sharing or Matching: This program does not require cost
                sharing or matching.
                 3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this
                competition may award subgrants--to directly carry out project
                activities consistent with the Statewide strategy described in its
                application--to the following types of entities: IHEs; local workforce
                development boards; business trade and professional organizations;
                business development organizations; non-IHE postsecondary and employer-
                based education and training providers; third-party work-based learning
                or apprenticeship intermediaries; and State, regional, and local public
                and private agencies.
                IV. Application and Submission Information
                 1. Application Submission Instructions: Applicants are required to
                follow the Common Instructions for Applicants to Department of
                Education Discretionary Grant Programs, published in the Federal
                Register on 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.
                 2. Intergovernmental Review: This program is subject to Executive
                Order 12372 and the regulations in 34 CFR part 79. However, under 34
                CFR 79.8(a), we waive intergovernmental review in order to make timely
                awards.
                 3. Funding Restrictions: We reference regulations outlining funding
                restrictions in the Applicable Regulations section of this notice. Each
                eligible entity may charge an amount of administrative costs that is
                reasonable and necessary to effectively administer the program
                consistent with cost principles in 2 CFR part 200, subpart E, of the
                Uniform Administrative Requirements, Cost Principles, and Audit
                Requirements for Federal Awards (Uniform Guidance). Administrative
                costs include costs (direct and indirect) involved in the proper and
                efficient performance and administration of this Federal grant.
                However, to maximize the funds available for services to students and
                the public, the Department encourages each eligible entity and
                subgrantee to minimize the amount of administrative costs charged to
                the program.
                 ESF-RWP projects should be designed to cover a student's cost of
                attendance--including through funds provided by this grant, employer
                contributions, contributions made by trade associations or labor
                organizations, or other sources of funding--without requiring the
                student to take Direct student loans.
                 Additionally, students whose tuition and fees are covered by grant
                funds must be eligible for public benefits as described in section 431
                of the Personal Responsibility and Work Opportunity Reconciliation Act
                of 1996 (8 U.S.C. 1611).
                 Recommended Page Limit: The application narrative (Part III of the
                application) 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.
                 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 Part I, the cover
                sheet; Part II, the budget section, including the narrative budget
                justification; Part IV, the assurances and certifications; or the one-
                page abstract, the resumes, the letters of support, or the appendices.
                However, the recommended page limit does apply to all of the
                application narrative.
                 5. Notice of Intent to Apply: We will be able to develop a more
                efficient process for reviewing grant applications if we know the
                approximate number of applicants that intend to apply for funding under
                this competition. Therefore, the Secretary strongly encourages each
                potential applicant to notify us of the applicant's intent to submit an
                application by sending an email to [email protected] with Intent to Apply
                in the subject line. Applicants that do not send a notice of intent to
                apply may still apply for funding.
                V. Application Review Information
                 1. Selection Criteria: The selection criteria for this competition
                are from 34 CFR 75.210 or are established for the FY 2020 grant
                competition and any subsequent year in which we make awards from the
                list of unfunded applications from this competition, in accordance with
                section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). The points assigned to
                each criterion are indicated in the parentheses next to the criterion.
                An applicant may earn up to a total of 100 points based on the
                selection criteria for the application.
                A. Highest Coronavirus Burden (Up to 40 Points)
                 In determining the States with the highest coronavirus burden, the
                Secretary considers the extent to which the State has a high
                coronavirus burden as follows:
                 (1) The extent to which the applicant, based on the factors listed
                in the Appendix, when weighted equally, is in the--
                 (i) Up to 20th percentile of coronavirus burden (4 points);
                 (ii) 21st to 40th percentile of coronavirus burden (8 points);
                 (iii) 41st to 60th percentile of coronavirus burden (12 points);
                 (iv) 61st to 80th percentile of coronavirus burden (16 points); or
                 (v) 81st to 100th percentile of coronavirus burden (20 points).
                 (2) The extent to which the applicant has a high coronavirus burden
                based on indicators and information factors identified by the applicant
                in response to Application Requirement 1. (20 points) (GEPA Waiver)
                B. Quality of Project Services and Quality of the Project Design (Up to
                35 Points)
                 The Secretary considers the quality of the services to be provided
                by the proposed project and the quality of the design of the proposed
                project.
                 In determining the quality of the project services and the quality
                of the design of 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 5 points) (34 CFR
                75.210)
                 In addition, the Secretary considers--
                 (1) The extent to which the proposed project is an exceptional
                approach to the absolute priority being addressed and includes a
                detailed project plan for addressing the absolute priority. (up to 10
                points) (GEPA Waiver)
                 (2) The extent to which specific gaps or weaknesses in services,
                infrastructure, or opportunities have been identified and will be
                addressed by
                [[Page 37645]]
                the proposed project, including the nature and magnitude of those gaps
                or weaknesses. (up to 10 points) (34 CFR 75.210)
                 (3) The likelihood that services to be provided by the proposed
                project (for applicants under Absolute Priority 1) will expand access
                to remote learning options and lead to improvements in student
                outcomes; or the likelihood that services to be provided by the
                proposed project (for applicants under Absolute Priority 2) will
                increase the number and success of small businesses in a state or
                region. (up to 5 points) (GEPA Waiver)
                 (4) The extent to which the services to be provided by the proposed
                project reflect up-to-date knowledge from research and effective
                practice. (up to 5 points) (34 CFR 75.210)
                C. Quality of the Management Plan and Adequacy of Resources (Up to 25
                Points)
                 The Secretary considers the quality of the management plan and
                adequacy of resources for the proposed project. In determining the
                quality of the management plan and adequacy of resources for the
                proposed project, the Secretary considers--
                 (1) The adequacy of the management plan to achieve the objectives
                of the proposed project on time and within budget, including clearly
                defined responsibilities, timelines, and milestones for accomplishing
                project tasks. (34 CFR 75.210) (up to 5 points)
                 (2) The extent to which the budget is adequate to support the
                proposed project. (up to 5 points) (34 CFR 75.210)
                 (3) The extent to which the costs are reasonable in relation to the
                objectives, design, and potential significance of the proposed project.
                (34 CFR 75.210) (up to 5 points)
                 (4) The extent to which the costs are reasonable in relation to the
                number of persons to be served and to the anticipated results and
                benefits. (34 CFR 75.210) (up to 10 points)
                 2. Proposed Use of Funds: Applicants must describe the services and
                assistance, consistent with allowable uses of funds under the FY 2020
                ESF-RWP Grants program, which they propose to provide with the project
                funds.
                 3. 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).
                 Before making awards, we will screen applications submitted in
                accordance with the requirements in this notice to determine whether
                applications have met eligibility and other requirements. This
                screening process may occur at various stages of the process;
                applicants that are determined to be ineligible will not receive a
                grant, regardless of peer reviewer scores or comments.
                 Peer reviewers will read, prepare a written evaluation of, and
                score the assigned applications, using the selection criteria provided
                in this notice.
                 4. Risk Assessment and Specific Conditions: Consistent with 2 CFR
                200.205, before awarding grants under this competition the Department
                conducts a review of the risks posed by applicants. Under 2 CFR
                3474.10, the Secretary may impose specific conditions and, 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.
                 5. 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 200.205(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.
                VI. Award Administration Information
                 1. Award Notices: If your application is successful, we notify your
                U.S. Representative and U.S. Senators and send you a Grant Award
                Notification (GAN); or we may send you an email containing a link to
                access an electronic version of your GAN. We may notify you informally,
                also.
                 If your application is not evaluated or not selected for funding,
                we notify you.
                 2. Administrative and National Policy Requirements: We identify
                administrative and national policy requirements in the application
                package and reference these and other requirements in the Applicable
                Regulations section of this notice.
                 We reference the regulations outlining the terms and conditions of
                an award in the Applicable Regulations section of this notice and
                include these and other specific conditions in the GAN. The GAN also
                incorporates your approved application as part of your binding
                commitments under the grant.
                 3. Open Licensing Requirements: Unless an exception applies, if you
                are awarded a grant under this competition, you will be required to
                openly license to the public grant deliverables created in whole, or in
                part, with Department grant funds. When the deliverable consists of
                modifications to pre-existing works, the license extends only to those
                modifications that can be separately identified and only to the extent
                that open licensing is permitted under the terms of any licenses or
                other legal restrictions on the use of pre-existing works.
                Additionally, a grantee or subgrantee that is awarded competitive grant
                funds must have a plan to disseminate these public grant deliverables.
                This dissemination plan can be developed and submitted after your
                application has been reviewed and selected for funding. For additional
                information on the open licensing requirements please refer to 2 CFR
                3474.20(c).
                 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
                [[Page 37646]]
                does not apply if you have an exception under 2 CFR 170.110(b).
                 (b) In addition to annual performance reporting, a grantee must
                submit to the Department a quarterly report that provides data and
                information meeting the requirements of section 15011 of the CARES Act.
                 (c) 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.
                 (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
                with additional funding for data collection analysis and reporting. In
                this case the Secretary establishes a data collection period.
                 5. Performance Measures: We have established the following
                performance measures for the ESF-RWP Grants program:
                 (1) For Applications Addressing Absolute Priority 1
                 (a) The number of students served by the project; the percentage of
                students who enrolled in a program receiving grant funds who completed
                the program;
                 (b) The percentage of individuals who enrolled in a program
                receiving grant funds who were employed in the second quarter after
                exiting the program; and
                 (c) The percentage of individuals employed in the second quarter
                after exit who are employed full-time in an occupation that is directly
                related to the program of study; and
                 (d) The median earnings of individuals in (b) and (c).
                 (2) For Applicants Addressing Absolute Priority 2--
                 (a) The number of individuals who participated in the short-course
                or programs offered by the business incubator and one year after its
                completion had started a new business venture or maintained/expanded
                their existing small business;
                 (b) For small business owners who participated in a small business
                incubator, the number of employees employed at the start of their
                participation in this program, and at the end of their participation in
                the program and whether or not they were still in business one year
                after completing the program.
                 In addition, applicants must propose project-specific performance
                measures and performance targets consistent with the objectives of the
                proposed project.
                 Applicants must provide the following information as directed under
                34 CFR 75.110(b) and (c):
                 (a) Performance Measures. How each proposed performance measure
                would accurately measure the performance of the project and how the
                proposed performance measures would be consistent with the performance
                measures established for the program funding the competition.
                 (b) Baseline Data.
                 (i) Why each proposed baseline is valid; or
                 (ii) If the applicant has determined that there are no established
                baseline data for a particular performance measure, an explanation of
                why there is no established baseline and of how and when, during the
                project period, the applicant would establish a valid baseline for the
                performance measure.
                 (c) Performance Targets. Why each proposed performance target is
                ambitious yet achievable compared to the baseline for the performance
                measure and when, during the project period, the applicant would meet
                the performance target(s).
                 (d) Data Collection and Reporting.
                 (i) The data collection and reporting methods the applicant would
                use and why those methods are likely to yield reliable, valid, and
                meaningful performance data; and
                 (ii) The applicant's capacity to collect and report reliable,
                valid, and meaningful performance data, as evidenced by high-quality
                data collection, analysis, and reporting in other projects or research.
                 All grantees must submit an annual performance report with
                information that is responsive to these performance measures.
                VII. Other Information
                 Accessible Format: Individuals with disabilities can obtain this
                document and a copy of the application package in an accessible format
                (e.g., Braille, large print, audiotape, or compact disc) on request to
                the program contact person listed under FOR FURTHER INFORMATION
                CONTACT.
                 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.
                Scott Stump,
                Assistant Secretary for Career, Technical, and Adult Education.
                Appendix
                 Percentile calculation of Coronavirus burden by State, as
                referenced in Section (V)(1)(A).
                ---------------------------------------------------------------------------
                 \14\ The initial unemployment insurance claims filed as a
                percentage of each State's civilian labor force are provided here
                for informational purposes, and the Department will update these
                data as of the deadline for transmittal of applications, which may
                adjust State percentiles and rankings.
                 \15\ The COVID-19 per 100,000 persons percentages for each State
                are provided here for informational purposes, and the Department
                will update these data as of the deadline for transmittal of
                applications, which may adjust State percentiles and rankings.
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 2--Initial
                 unemployment 3--State % share
                 1--Percentage of insurance claims of confirmed Percentile based on 3 factors weighted
                 State population without filed (as % of coronavirus cases equally
                 broadband access civilian labor per 100,000
                 force) 14 persons 15
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Alabama..................................... 16.5 23.80 1.44 61st to 80th percentile.
                Alaska...................................... 10.3 30.33 0.24 41st to 60th percentile.
                Arizona..................................... 11.7 17.07 1.07 20th percentile or lower.
                Arkansas.................................... 19.2 16.42 0.94 41st to 60th percentile.
                [[Page 37647]]
                
                California.................................. 8.9 24.48 1.09 21st to 40th percentile.
                Colorado.................................... 8.2 13.56 1.78 20th percentile or lower.
                Connecticut................................. 8.9 19.38 4.56 61st to 80th percentile.
                Delaware.................................... 9.2 21.27 3.81 61st to 80th percentile.
                District of Columbia........................ 11.7 23.47 4.80 81st to 100th percentile.
                Florida..................................... 12.5 23.19 0.99 41st to 60th percentile.
                Georgia..................................... 13.2 42.62 1.73 81st to 100th percentile.
                Hawaii...................................... 10.2 36.32 0.16 61st to 80th percentile.
                Idaho....................................... 10 15.94 0.63 20th percentile or lower.
                Illinois.................................... 11 17.52 3.62 61st to 80th percentile.
                Indiana..................................... 13.6 21.31 1.98 61st to 80th percentile.
                Iowa........................................ 11.9 18.92 2.38 41st to 60th percentile.
                Kansas...................................... 11.6 17.68 1.31 20th percentile or lower.
                Kentucky.................................... 14.4 41.29 0.86 81st to 100th percentile.
                Louisiana................................... 17.6 30.38 3.31 81st to 100th percentile.
                Maine....................................... 11.7 20.86 0.68 20th percentile or lower.
                Maryland.................................... 9 17.30 3.41 41st to 60th percentile.
                Massachusetts............................... 8.7 24.34 5.56 81st to 100th percentile.
                Michigan.................................... 12.1 30.66 2.19 61st to 80th percentile.
                Minnesota................................... 9.3 22.53 1.71 41st to 60th percentile.
                Mississippi................................. 19.4 23.20 2.04 81st to 100th percentile.
                Missouri.................................... 13.1 19.02 0.83 21st to 40th percentile.
                Montana..................................... 12.2 19.76 0.19 20th percentile or lower.
                Nebraska.................................... 9.9 12.23 2.83 21st to 40th percentile.
                Nevada...................................... 11.3 30.49 1.09 61st to 80th percentile.
                New Hampshire............................... 7.6 25.96 1.32 21st to 40th percentile.
                New Jersey.................................. 9.1 24.79 6.88 81st to 100th percentile.
                New Mexico.................................. 20.6 15.84 1.42 61st to 80th percentile.
                New York.................................... 11.7 25.85 7.40 81st to 100th percentile.
                North Carolina.............................. 13.2 19.84 1.07 21st to 40th percentile.
                North Dakota................................ 15.1 17.19 1.32 41st to 60th percentile.
                Ohio........................................ 11.8 22.15 1.17 41st to 60th percentile.
                Oklahoma.................................... 14.4 26.29 0.61 41st to 60th percentile.
                Oregon...................................... 8.9 19.87 0.39 20th percentile or lower.
                Pennsylvania................................ 11.9 29.55 2.17 61st to 80th percentile.
                Puerto Rico................................. 33.6 26.50 0.46 81st to 100th percentile.
                Rhode Island................................ 10.3 29.79 5.40 81st to 100th percentile.
                South Carolina.............................. 15.1 23.06 0.91 41st to 60th percentile.
                South Dakota................................ 14.6 10.82 2.17 21st to 40th percentile.
                Tennessee................................... 14.3 16.24 1.33 21st to 40th percentile.
                Texas....................................... 13.3 15.83 0.86 20th percentile or lower.
                Utah........................................ 7.1 10.21 1.22 20th percentile or lower.
                Vermont..................................... 13.9 19.68 0.60 21st to 40th percentile.
                Virginia.................................... 11 17.69 2.07 21st to 40th percentile.
                Washington.................................. 7.4 32.71 1.11 61st to 80th percentile.
                West Virginia............................... 16.4 18.82 0.43 21st to 40th percentile.
                Wisconsin................................... 11.4 18.81 1.21 21st to 40th percentile.
                Wyoming..................................... 11 14.08 0.60 20th percentile or lower.
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Data sources and methodology:
                Available Broadband Access
                 The number in column 1 is the percent of the population in each
                State without broadband access of any kind in 2018, as determined by
                100 minus the percent of households with broadband access in 2018. The
                source for the percent of households with broadband access of any kind
                is the U.S. Census Bureau American Community Survey in 2018. This data
                may be retrieved through the customization of this table: https://data.census.gov/cedsci/table?q=S2802&tid=ACSST1Y2018.S2802.
                Initial Unemployment Insurance Claims
                 The number in column 2 is the total number of initial unemployment
                insurance (UI) weekly claims reported by the State between the week
                ending March 14, 2020 and the week ending May 23, 2020 \16\ divided by
                the number of individuals in the State's civilian labor force during
                March 2020.\17\ The UI weekly claims data are not seasonally adjusted.
                The source of the UI weekly initial claims data is the Unemployment
                Insurance Weekly Claims Report published by the Employment and Training
                Administration in the U.S. Department of Labor (DOL). The data may be
                retrieved from https://oui.doleta.gov/unemploy/claims_arch.asp. The
                source of the data on the State's civilian labor force is the Bureau of
                Labor Statistics in DOL. The data may be retrieved from https://www.bls.gov/news.release/laus.t01.htm.
                ---------------------------------------------------------------------------
                 \16\ Unlike the other weeks, the weekly initial unemployment
                claims for the week ending May 23, 2020 are the advanced initial
                unemployment claims, released on May 7, 2020.
                 \17\ The number for Puerto Rico's total civilian labor force is
                from February 2020 because data for March 2020 were not available.
                ---------------------------------------------------------------------------
                [[Page 37648]]
                COVID-19 Cases per 100,000 Persons
                 The number in column 3 is the percent share of total COVID-19 cases
                per 100,000 persons for each State. This number is derived by taking
                the total number of COVID-19 cases per 100,000 persons reported to the
                Centers for Disease Control, by State, as of 12:15 p.m. on June 2, 2020
                and dividing that by the total number of cases per 100,000 persons in
                the U.S. State data on cases per 100,000 persons and the sum of all
                cases per 100,000 persons may be retrieved from the Centers for Disease
                Control at https://www.cdc.gov/covid-data-tracker/index.html by
                downloading the Excel document that accompanies the visual
                displays.\18\
                ---------------------------------------------------------------------------
                 \18\ Because the CDC's most recent report of the number of
                COVID-19 cases per 100,000 persons for New York State did not
                include New York City, the number of cases per 100,000 persons for
                New York State used in the table is from the database of COVID-19
                cases in New York State published by the New York Times on June 2,
                2020 at 2:05 p.m. at https://www.nytimes.com/interactive/2020/us/new-york-coronavirus-cases.html.
                ---------------------------------------------------------------------------
                Ranking Methodology
                 To determine ranking, States were assigned total burden scores
                based on sum of the values of the indicators relative to one
                another.\19\ All three indicators were weighted equally in calculating
                burden scores. Higher values on the indicators shows higher need for
                the State (e.g., higher share of COVID-19 cases, higher percentage of
                households without broadband access, etc.). The States were then ranked
                based on their total burden scores. Points were then awarded by the
                percentile of their rank as indicated below.
                ---------------------------------------------------------------------------
                 \19\ Each indicator is worth 33.3 points out of 100 possible
                total burden points. The State with the highest burden for an
                indicator is awarded 33.3 points and all other States are assigned
                points based on the percentage of their burden relative to the State
                with the highest burden for that indicator. Total burden is the sum
                of all the points for each indicator.
                 \20\ Higher scores indicate higher burden.
                ------------------------------------------------------------------------
                 Number of
                 Percentile points awarded State ranks \20\
                ------------------------------------------------------------------------
                81st to 100th percentile.......... 20 43 through 52.
                61st to 80th percentile........... 16 32 through 42.
                41st to 60th percentile........... 12 22 through 31.
                21st to 40th percentile........... 8 11 through 21.
                20th percentile and below......... 4 1 through 10.
                ------------------------------------------------------------------------
                
                [FR Doc. 2020-13480 Filed 6-22-20; 8:45 am]
                BILLING CODE 4000-01-P
                

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