Proposed Priorities and Definitions-Secretary's Supplemental Priorities and Definitions for Discretionary Grants Programs

• Citation: 86 FR 34664
• Record Number: 2021-14003
• Published date: 30 June 2021
• Court: Education Department

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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, would not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

Environmental Review

This proposal will be subject to an

environmental analysis in accordance

with FAA Order 1050.1F,

‘‘Environmental Impacts: Policies and

Procedures’’ prior to any FAA final

regulatory action.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

B, C, D, AND E AIRSPACE AREAS; AIR

TRAFFIC SERVICE ROUTES; AND

REPORTING POINTS

■1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40103,

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,

1959–1963 Comp., p. 389.

§ 71.1 [Amended]

■2. The incorporation by reference in

14 CFR 71.1 of FAA Order 7400.11E,

Airspace Designations and Reporting

Points, dated July 21, 2020, and

effective September 15, 2020, is

amended as follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth.

* * * * *

AWP CA E5 King City, CA [New]

Mesa Del Rey Airport, CA

(Lat. 36°13′43″ N, long. 121°07′17″ W)

That airspace extending upward from 700

feet above the surface within a 3.7-mile

radius of the airport, and within 4.1 miles

each side of the 126° bearing from the airport

extending from the airport to 12.8 miles

southeast of the airport, and within 3.7 miles

each side of the 332° bearing from the airport

extending from the 3.7-mile radius to 9.3

miles northwest of the airport.

Issued in Des Moines, Washington, on June

23, 2021.

B.G. Chew,

Acting Group Manager, Operations Support

Group, Western Service Center.

[FR Doc. 2021–13844 Filed 6–29–21; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA–2021–C–0522]

Gardenia Blue Interest Group; Filing of

Color Additive Petition

AGENCY

: Food and Drug Administration,

HHS.

ACTION

: Notification of petition.

SUMMARY

: The Food and Drug

Administration (FDA or we) is

announcing that we have filed a

petition, submitted by Gardenia Blue

Interest Group (GBIG), proposing that

the color additive regulations be

amended to provide for the safe use of

gardenia blue powder in various foods.

DATES

: The color additive petition was

filed on April 20, 2021.

ADDRESSES

: For access to the docket to

read background documents or

comments received, go to https://

www.regulations.gov and insert the

docket number found in brackets in the

heading of this document into the

‘‘Search’’ box and follow the prompts,

and/or go to the Dockets Management

Staff, 5630 Fishers Lane, Rm. 1061,

Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT

:

Stephen DiFranco, Office of Food

Additive Safety (HFS–255), Center for

Food Safety and Applied Nutrition,

Food and Drug Administration, 5001

Campus Dr., College Park, MD 20740,

240–402–2710; or Alexandra Jurewitz,

Office of Regulations and Policy (HFS–

024), Center for Food Safety and

Applied Nutrition, Food and Drug

Administration, 5001 Campus Dr.,

College Park, MD 20740, 240–402–2378.

SUPPLEMENTARY INFORMATION

: Under the

Federal Food, Drug, and Cosmetic Act

(section 721(d)(1) (21 U.S.C.

379e(d)(1))), we are giving notice that

we have filed a color additive petition

(CAP 1C0319), submitted by GBIG, c/o

Exponent, Inc., 1150 Connecticut

Avenue NW, Suite 1100, Washington,

DC 20036. The petition proposes to

amend the color additive regulations in

part 73 (21 CFR part 73, ‘‘Listing of

Color Additives Exempt From

Certification’’) to provide for the safe

use of gardenia blue powder as a color

additive in: (1) Sport drinks; (2) flavored

or enhanced, noncarbonated water; (3)

fruit drinks and ades; (4) ready-to-drink

tea; (5) hard candy; and (6) soft candy,

at levels consistent with good

manufacturing practice.

The petitioner has claimed that this

action is categorically excluded under

21 CFR 25.32(k) because the substance

is intended to remain in food through

ingestion by consumers and is not

intended to replace macronutrients in

food. In addition, the petitioner has

stated that, to their knowledge, no

extraordinary circumstances exist. If

FDA determines a categorical exclusion

applies, neither an environmental

assessment nor an environmental

impact statement is required. If FDA

determines a categorical exclusion does

not apply, we will request an

environmental assessment and make it

available for public inspection.

Dated: June 23, 2021.

Lauren K. Roth,

Acting Principal Associate Commissioner for

Policy.

[FR Doc. 2021–13952 Filed 6–29–21; 8:45 am]

BILLING CODE 4164–01–P

DEPARTMENT OF EDUCATION

34 CFR Part 75

[Docket ID ED–2021–OPEPD–0054]

Proposed Priorities and Definitions—

Secretary’s Supplemental Priorities

and Definitions for Discretionary

Grants Programs

AGENCY

: U.S. Department of Education.

ACTION

: Proposed priorities and

definitions.

SUMMARY

: To support a comprehensive

education agenda, the Secretary

proposes six priorities and related

definitions for use in discretionary grant

programs. The Secretary may choose to

include an entire priority within a grant

program or one or more of its subparts.

These proposed priorities and

definitions are intended to replace the

current supplemental priorities

published on March 2, 2018, the

Opportunity Zones final priority

published on November 27, 2019, and

the Remote Learning priority published

on December 30, 2020. However, those

priorities remain in effect for notices

inviting applications (NIAs) published

before the Department finalizes the

proposed priorities in this document.

Retaining the Administrative Priorities

published on March 9, 2020, allows us

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to continue to prioritize rural

applicants, new applicants, and other

priorities while the Department

continues to examine potential updates

to the Education Department General

Administrative Regulations, which may

include incorporation of those March 9,

2020, priorities.

DATES

: We must receive your comments

on or before July 30, 2021.

ADDRESSES

: Submit your comments

through the Federal eRulemaking Portal

or via postal mail, commercial delivery,

or hand delivery. We will not accept

comments submitted by fax or by email

or those submitted after the comment

period. To ensure that we do not receive

duplicate copies, please submit your

comments only once. In addition, please

include the Docket ID at the top of your

comments.

•Federal eRulemaking Portal: Go to

www.regulations.gov to submit your

comments electronically. Information

on using Regulations.gov, including

instructions for accessing agency

documents, submitting comments, and

viewing the docket, is available on the

site under ‘‘FAQ.’’

•Postal Mail, Commercial Delivery,

or Hand Delivery: If you mail or deliver

your comments about the proposed

priorities and definitions, address them

to Nkemjika Ofodile-Carruthers, U.S.

Department of Education, 400 Maryland

Avenue SW, Room 4W308, Washington,

DC 20202.

Privacy Note: The Department of

Education’s (Department’s) policy is to

make all comments received from

members of the public available for

public viewing in their entirety on the

Federal eRulemaking Portal at

www.regulations.gov. Therefore,

commenters should be careful to

include in their comments only

information that they wish to make

publicly available.

FOR FURTHER INFORMATION CONTACT

:

Nkemjika Ofodile-Carruthers, U.S.

Department of Education, 400 Maryland

Avenue SW, Room 4W308, Washington,

DC 20202. Telephone: (202) 401–4389.

Email: nkemjika.ofodile-carruthers@

ed.gov.

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

:

Invitation to Comment: We invite you

to submit comments regarding the

proposed priorities and definitions. To

ensure that your comments have

maximum effect in developing the final

priorities and definitions, we urge you

to clearly identify the specific section of

the proposed priority or definition that

each comment addresses.

We invite you to assist us in

complying with the specific

requirements of Executive Orders 12866

and 13563 and their overall requirement

of reducing regulatory burden that

might result from the proposed

priorities and definitions. Please let us

know of any further ways we could

reduce potential costs or increase

potential benefits while preserving the

effective and efficient administration of

our programs.

During and after the comment period,

you may inspect all public comments

about the proposed priorities and

definitions by accessing

Regulations.gov. Due to the novel

coronavirus 2019 (COVID–19)

pandemic, the Department buildings are

currently not open to the public.

However, upon reopening, you may also

inspect the comments in person in

Room 4W308, 400 Maryland Avenue

SW, Washington, DC, between the hours

of 8:30 a.m. and 4:00 p.m., Eastern time,

Monday through Friday of each week

except Federal holidays.

Assistance to Individuals with

Disabilities in Reviewing the

Rulemaking Record: On request, we will

provide an appropriate accommodation

or auxiliary aid to an individual with a

disability who needs assistance to

review the comments or other

documents in the public rulemaking

record for the proposed priorities and

definitions. If you want to schedule an

appointment for this type of

accommodation or auxiliary aid, please

contact the person listed under

FOR

FURTHER INFORMATION CONTACT

.

Program Authority: 20 U.S.C. 1221e–

3. Proposed Priorities: This document

contains six proposed priorities.

Background

The Secretary proposes six priorities

and related definitions for use in

discretionary grant programs to reflect

the Secretary’s vision for American

education. This vision includes a

respect for the dignity and potential of

each and every student and their access

to educational opportunity. These

proposed priorities are aligned with

evidence-based (as defined in this

document) and capacity-building

approaches to addressing various

interconnected policy issues in the

Nation’s education system.

With a focus on creating the

conditions under which students have

equitable access to opportunity, these

proposed priorities address a variety of

areas. In K–12 education, these areas

include closing the large gaps in

funding and opportunity within school

districts, schools, classrooms, and other

learning environments; implementing

effective approaches to teaching and

learning; closing the divides in digital

access and use; meeting the social,

emotional, and academic needs of all

students and creating safe, nurturing,

and inclusive learning environments;

improving educator diversity;

expanding opportunities for educators

to receive the preparation, support, and

respect they need and deserve; and

expanding access to high-quality early

learning (as defined in this document).

In postsecondary education, the

proposed priorities address increasing

access and success in postsecondary

education for underserved students (as

defined in this document), including

making college affordable and fostering

supportive career pathways. In both

K–12 and postsecondary education, the

proposed priorities include a focus on

providing all students with access to

high-quality schools and institutions

that prepare them for college and career

with a balance of quality coursework

that includes the arts and sciences;

ensuring post-enrollment success;

supporting preparatory and current

educator growth; and strengthening

high-quality career and technical

education.

The Secretary proposes these

priorities to advance evidence-based

and capacity building approaches with

an understanding that meeting these

goals requires multifaceted efforts. For

example, rather than a priority that is

focused solely on educator professional

development, the proposed priority

addresses the needs of all educators, all

aspects of the educator pipeline, and the

diversity of and equitable access to

those educators. This approach to the

priorities provides a vision for systems-

level approaches that build capacity for

long-term change. Furthermore, in order

to ensure those change efforts are

effectively targeted to meet the needs of

students, these proposed priorities also

include a focus on specific subgroups of

students, such as military- and veteran-

connected students (as defined in this

document), which will provide greater

flexibility for the Secretary to focus the

work of grantees on areas of critical

need.

Additionally, regarding each

technology reference, all technology

developed or used under these proposed

priorities must be accessible to English

learners and to individuals with

disabilities in accordance with Section

504 of the Rehabilitation Act of 1973

and Title II of the Americans with

Disabilities Act, as applicable.

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1

https://learningpolicyinstitute.org/sites/default/

files/product-files/Educating_Whole_Child_

REPORT.pdf.

2

https://files.eric.ed.gov/fulltext/ED610000.pdf.

3

See www.cdc.gov/coronavirus/2019-ncov/

community/health-equity/racial-ethnic-disparities/

index.html.

4

In an NIA, the Department would use either

‘‘children with disabilities’’ or ‘‘students with

disabilities,’’ depending on which term is more

appropriate for the program. In this document, we

use these terms interchangeably.

These proposed priorities and

definitions are intended to replace the

current supplemental priorities

published on March 2, 2018 (83 FR

9096), the Opportunity Zones final

priority published on November 27,

2019 (84 FR 65300), and the Remote

Learning priority published on

December 30, 2020 (85 FR 86545); NIAs

published before the finalization of

these proposed priorities that use the

current priorities remain in effect. At

this time, we are retaining the

Administrative Priorities published on

March 9, 2020 (85 FR 13640) while the

Department continues to examine

potential updates to the Education

Department General Administrative

Regulations, which may include

incorporation of these March 9, 2020,

priorities.

Proposed Priority 1—Addressing the

Impact of COVID–19 on Students,

Educators, and Faculty.

Background:

The COVID–19 pandemic negatively

affected many students, educators, and

faculty throughout the country.

Although virtually everyone was

affected to some degree, the pandemic

has had a disproportionate impact on

underserved students and laid bare the

unique challenges faced by these

students. Many of these challenges pre-

date the pandemic and will be felt for

years to come. For example, some of

these students were already less likely

to have access to the resources, such as

broadband, and student supports

required to participate in high-quality

remote education. Underserved students

are also more likely to rely on key

school- or campus-supported resources

such as food programs, special

education and related services, health

services (including mental health),

counseling, or after-school programs to

meet basic or developmental needs.

1

For

parents, guardians, or caregivers who

have less flexible jobs, staying at home

to provide childcare or aid with remote

learning may be impracticable or

impossible, which may further

exacerbate these challenges.

2

To mitigate the impact of the COVID–

19 pandemic and support safe in-person

instruction, schools and campuses need

sufficient resources, close collaboration

with local public health officials, and

the support of community members

who commit to following State and local

public health guidelines. Consistent

implementation of effective strategies

for preventing the transmission of

COVID–19 during all school-related

activities is critical for keeping schools

and campuses open. It is essential that

schools and students receive the

resources, technical assistance, and

other supports necessary to plan and

implement comprehensive prevention

strategies and that administrators,

educators, and faculty consistently

engage students, parents, and

community partners throughout the

process—paying close attention to

underserved communities including

communities of color, which have borne

a disproportionate burden of COVID–

19.

3

Moving forward, as the effects of the

pandemic will be residual and last for

years, schools will also need to increase

their support of students’ social,

emotional, mental health, and academic

needs in response to the impacts of

COVID. As students return to in-person

learning, they will need ongoing

support and innovative approaches to

learning in the coming years to

accelerate learning and succeed.

Educators may need resources to learn

new approaches to supporting students,

especially in communities that have

faced significant loss and trauma. In

addition, educators may need additional

support and development to mitigate

the longer-term impact of COVID on

their own well-being. States and

districts also need resources to stabilize

current workforce positions and protect

the pipeline into the profession.

The impact of the COVID–19

pandemic changed the education

landscape for the foreseeable future,

especially as students continue to make

up for lost classroom instruction.

However, it also provides an

opportunity to redesign how schools

approach teaching and learning in ways

that both address long-standing gaps in

educational opportunity and better

prepare students for college and careers.

This priority would support recovery

and innovation to best serve students

and support educators.

Proposed Priority:

Projects that are designed to address

the impacts of the COVID–19 pandemic,

including impacts that extend beyond

the timing of the pandemic itself, the

students most impacted by the

pandemic, and the educators who serve

them through one or more of the

following priority areas:

(a) Conducting community asset-

mapping and needs assessments that

may include an assessment of the extent

to which students have become

disengaged from learning, including

students not participating in in-person

or remote instruction, and specific

strategies for reengaging and supporting

students.

(b) Providing resources and supports

to meet the basic, fundamental, health

and safety needs of students and

educators.

(c) Addressing students’ social,

emotional, mental health, and academic

needs.

(d) Addressing teacher, faculty, and

staff well-being.

(e) Providing students and educators

with access to reliable high-speed

broadband and devices; providing

students with access to high-quality,

technology-supported learning

experiences that are accessible to

children or students with disabilities

4

and educators with disabilities to

accelerate learning; and providing

educators with access to job-embedded

professional development to support the

effective use of technology.

(f) Using technology to enable

evidence-based interventions to support

personalized in-person student learning

as well as evidence-based supplemental

activities that extend learning time and

increase student engagement and, where

possible, increase parent engagement.

(g) Using evidence-based instructional

approaches and supports to accelerate

learning for students in ways that

ensure all students have the opportunity

to successfully meet challenging

academic content standards without

contributing to tracking or remedial

courses.

(h) Using evidence-based

instructional approaches or supports to

better allow individuals who did not

enroll in, withdrew from, or reduced

course loads in postsecondary education

or training programs due to COVID–19

to enroll, remain enrolled, and complete

credit-bearing coursework and earn

recognized postsecondary credentials.

Proposed Priority 2—Promoting

Equity in Student Access to Educational

Resources, Opportunities, and

Welcoming Environments.

Background:

Improving educational equity is a

priority for the Biden-Harris

Administration, with particular focus on

supporting underserved students. The

Department seeks to remedy the deeply

rooted inequities in this country’s

education system which when

addressed, will better allow access to

educational opportunity for

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nces.ed.gov/pubsearch/

pubsinfo.asp?pubid=2020125.

6

http://www.pnas.org/content/116/17/

8255.abstract.

7

2017–18 Civil Rights Data Collection, released

October 2020, updated May 2021, is available at

www2.ed.gov/about/offices/list/ocr/docs/crdc-2017-

18.html.

8

www.apa.org/ed/resources/racial-

disparities.pdf.

9

Snapp, S. D., & Russell, S. T. (2016). Discipline

disparities for LGBTQ youth: Challenges that

perpetuate disparities and strategies to overcome

them. In Inequality in school discipline (pp. 207–

223). Palgrave Macmillan, New York.

10

https://files.eric.ed.gov/fulltext/EJ990114.pdf.

11

learningpolicyinstitute.org/sites/default/files/

product-files/CRDC_Teacher_Access_REPORT.pdf.

12

All strategies to increase racial diversity of

educators must comply with non-discrimination

requirements, including Title VI of the Civil Rights

Act of 1964.

underserved students and enable

educators to work toward closing

achievement gaps.

Inadequate access to and the

inequitable distribution of resources

negatively affect underserved students’

educational experience in a number of

ways, which may include fewer

opportunities for educational

enrichment, high-quality early learning,

well-rounded coursework, and high-

quality college and career pathways;

discriminatory design and

administration of school discipline and

its associated outcomes; and limited

access to the most prepared,

experienced, and effective teachers.

These factors can limit access to

resources and success in student

learning.

For example, a December 2020 brief

from the National Center for Education

Statistics at the Department’s Institute of

Education Sciences

5

reported that a

lower percentage of schools in which 75

percent or more of students were

approved for free or reduced-price

lunch offered dual enrollment

opportunities for students than did

schools with lower participation rates in

free or reduced-price lunch programs

(71 percent, compared with 93 percent

for schools in which 35 to 49 percent of

students were approved for free or

reduced price lunch).

These inequities also include the

disproportionate impact of school

discipline policies on students of color.

6

For example, during the 2017–18 school

year, African American male students

comprised 7.7 percent of all male

students enrolled in grades K–12 but

accounted for 35.4 percent of male

students who received one or more out-

of-school suspensions.

7

White male

students, on the other hand, account for

24.4 percent of all male students

enrolled, but represent 35.5 percent of

male students who received one or more

out-of-school suspensions. Black male

students are one-third the populace of

White male students with

disproportionate suspensions that lead

to greater education interruption and

can have long-term negative

consequences. Data from the same year

show that African American female

students represented 7.4 percent of the

total female enrollment but accounted

for 13.3 percent of female students who

receive one or more out-of-school

suspensions, while White females make

up 22.9 percent of the total female

enrollment and represent 7.99 percent

of female students receiving one or more

out-of-school suspensions. Research

suggests that these disparities can be

exacerbated by or are the result of

educators’ subjective evaluations of

students’ actions rather than being the

product of objective differences in

student behavior.

8

English learners,

LGBTQ+ students, children or students

with disabilities (as defined in this

document), and students from low-

income backgrounds also experience

higher rates of discipline compared to

their peers.

9

Finally, underserved students have

less access to qualified educators. For

example, schools with high enrollments

of students of color were four times as

likely to employ uncertified teachers as

were schools with low enrollments of

students of color.

10

Students in schools

with high enrollments of students of

color also have less access to

experienced teachers. In these schools,

nearly one in every six teachers is just

beginning his or her career, compared to

one in every 10 teachers in schools with

low enrollments of students of color.

11

This proposed priority seeks to

address the inequities in our education

system and better enable students to

access the educational opportunities

they need to succeed in school and

reach their future goals, in tandem with

other Departmental statutes, which

require applicants to develop and

describe plans for equity for students,

educators, and other program

beneficiaries.

Proposed Priority:

Projects designed to promote

educational equity and adequacy in

resources and opportunity for

underserved students—

(a) In one or more of the following

educational settings:

(1) Early learning programs.

(2) Elementary school.

(3) Middle school.

(4) High school.

(6) Out-of-school-time (OST) settings.

(7) Juvenile justice system or

correctional facilities.

(8) Adult learning; and

(b) That are designed to examine the

sources of inequities related to, and

implement responses through, one or

more of the following:

(1) Promoting student access to and

success in rigorous and engaging

approaches to learning that are racially,

ethnically, culturally, and linguistically

inclusive and prepare students for

college, career, and civic life, including

one or more of the following:

(i) Student-centered learning models

that leverage technology to address

learner variability (e.g., universal design

for learning (as defined in this notice),

K–12 competency-based education (as

defined in this notice), project-based

learning, or hybrid/blended learning)

and provide high-quality learning

content, applications, or tools.

(ii) Middle school courses or projects

that prepare students to participate in

advanced coursework in high school.

(iii) Advanced courses and programs,

including dual enrollment and early

college programs.

(iv) Project-based and experiential

learning, including service and work-

based learning.

(v) High-quality career and technical

education courses, pathways, and

industry-recognized credentials that are

integrated into the curriculum.

(vi) Science, technology, engineering,

and mathematics (STEM), including

computer science coursework.

(vii) Civics programs that support

students in understanding and engaging

in American democratic practices,

(2) Increasing the number and

proportion of experienced, fully

certified, in-field, and effective

educators, and educators from

traditionally underrepresented

backgrounds or the communities they

serve.

12

(3) Improving the preparation,

recruitment, and early career support

and development of educators in high-

need fields (as may be defined in the

program statute or regulations) or hard

to staff schools.

(4) Improving the retention of fully

certified, experienced, and effective

educators in high-need schools, and

high-need fields.

(5) Addressing inequities in access to

and success in learning through racially,

ethnically, culturally, and linguistically

inclusive pedagogical practice in

educator preparation programs and

professional development programs so

that educators are better prepared to

address bias in their classrooms and

create inclusive, supportive, equitable,

and identity-safe learning environments

for their students.

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Egalite, Anna, Brian Kisida, and Marcus A.

Winters. ‘‘Representation in the Classroom: The

Effect of Own-race Teachers on Student

Achievement,’’ Economics of Education Review, 45

(April 2015), 44–52.

14

Grissom, Jason, Sarah Kabourek, and Jenna

Kramer. ‘‘Exposure to Same-race or Same-ethnicity

Teachers and Advanced Math Course-taking in

High School: Evidence from a Diverse Urban

District,’’ Teachers College Record, 122 (2020), 1–

42.

15

Grissom, Jason, and Christopher Redding.

‘‘Discretion and Disproportionality: Explaining the

Underrepresentation of High-achieving Students of

Color in Gifted Programs,’’ AERA Open, 2 (2016),

1–15.

16

Lindsay, Constance, and Cassandra Hart.

‘‘Exposure to Same-race Teachers and Student

Disciplinary Outcomes for Black Students in North

Carolina,’’ Educational Evaluation and Policy

Analysis, 39 (2017), 485–510.

17

Ferguson, Ronald. ‘‘Teachers’ Perceptions and

Expectations and the Black-White Test Score Gap,’’

Urban Education, 38 (2003), 460–507.

18

Gersheson, Seth, Stephen Holt, and Nicholas

Papageorge. ‘‘Who Believes in Me? The Effect of

Student-Teacher Demographic Match on Teacher

Expectations,’’ Economics of Education Review, 52,

(2016), 209–224.

19

Villegas, Ana Marı

´a, and Jacqueline Jordan

Irvine. ‘‘Diversifying the Teaching Force: An

Examination of Major Arguments,’’ The Urban

Review, 42 (2010), 175–192.

20

https://learningpolicyinstitute.org/sites/

default/files/product-files/Diversifying_Teaching_

Profession_REPORT_0.pdf.

21

Villegas, Ana Marı

´a, and Jacqueline Jordan

Irvine.

22

Kini, Tara, and Podolsky, Anne. (2016). Does

teaching experience increase teacher effectiveness?

A review of the research. Palo Alto, CA: Learning

Policy Institute. https://learningpolicyinstitute.org/

product/does-teaching-experience-increase-teacher-

effectiveness-review-research.

23

Darling-Hammond, Linda, Deborah Holtzman,

Sue Jin Gatlin, and Julian Vasquez Heilig. (2005).

Does teacher preparation matter? Evidence about

teacher certification, Teach for America, and

teacher effectiveness. Education Policy Analysis

Archives, 13(42). DOI: https://doi.org/10.14507/

epaa.v13n42.2005.

24

Chetty, Raj, John N. Friedman, and Jonah E.

Rockoff. ‘‘Measuring the Impacts of Teachers II:

Teacher Value-Added and Student Outcomes in

Adulthood,’’ American Economic Review, 104(9)

(2014), 2633–2769.

25

Clotfelter, Charles T., Helen F. Ladd, and Jacob

L. Vigdor. (2007). How and why do teacher

credentials matter for student achievement? (NBER

Working Paper 12828). Cambridge, MA: National

Bureau of Economic Research.

(6) Using technology to enable

evidence-based interventions to support

student learning in the classroom or

support supplemental activities that

extend learning time and increase

student engagement and, where

possible, increase parent engagement.

(7) Creating more equitable and

adequate approaches to school funding.

(8) Expanding access to high-quality

early learning, including in school-

based and community-based settings.

(9) Establishing, expanding, or

improving learning environments,

which includes early learning, for

multilanguage learners, and increasing

public awareness about the benefits of

fluency in more than one language and

how the coordination of language

development in the school and the

home improves student outcomes for

multilanguage learners.

(10) Establishing, expanding, or

improving the engagement of

underserved community members

(including underserved students) in

informing and making decisions that

influence policy and practice at the

school, district, or State level by

elevating their voices and their

perspectives and providing them with

access to opportunities for leadership

(e.g., establishing student government

programs)).

(11) Improving the quality of

educational programs in juvenile justice

facilities (such as detention facilities

and secure and non-secure placements)

or adult correctional facilities.

(12) Supporting re-entry of, and

improving long-term outcomes for,

youth and adults after release from

correctional facilities by linking youth

or adults to appropriate support,

education, or workforce training

programs.

(13) Increasing student racial or

socioeconomic diversity at multiple

levels, through one or more of the

following:

(i) Using high-quality data collection

methods to identify racial and

socioeconomic stratification, trends in

and contributors to stratification, and

barriers to racial and socioeconomic

diversity.

(ii) Developing or implementing

evidence-based policies or strategies

that include one or more of the

following:

(A) Ongoing, robust family and

community involvement.

(B) Intra- or inter-district or regional

coordination.

(C) Cross-agency collaboration, such

as with housing or transportation

authorities.

(D) Alignment with an existing public

diversity plan or diversity needs

assessment.

(E) Consideration of school

assignment or admissions policies that

are designed to promote socioeconomic

diversity and give preference to students

from low-income backgrounds or

students residing in neighborhoods

experiencing concentrated poverty.

(iii) Establishing or expanding

schools, as well as programs within

schools, that are designed to attract and

foster meaningful interactions among

substantial numbers of students from

different racial and/or socioeconomic

backgrounds, such as magnet schools.

(iv) Developing evidence related to, or

providing technical assistance on,

evidence-based policies or strategies

designed to increase racial and

socioeconomic diversity in educational

settings.

Proposed Priority 3—Supporting a

Diverse Educator Workforce and

Professional Growth to Strengthen

Student Learning.

Background:

In Proposed Priority 3, the

Department recognizes that diverse,

well-prepared, and well-supported

educators play a critical role in ensuring

equity in our education system and

student success and emphasizes the

importance of promoting the continued

development and growth of educators,

including through leadership

opportunities. It is also important that

the diversity of our educator workforce

reflect the diversity of our Nation. A

diverse educator workforce benefits all

students, and educator diversity in

particular can improve school-related

outcomes for students of color. Higher

levels of student achievement,

13

enrollment in more rigorous courses,

14

increased referrals to gifted and talented

programs,

15

and reductions in

exclusionary discipline

16

have all been

noted when students of color and

educators of color share the classroom.

Although no single factor is wholly

responsible for these findings, research

suggests that teachers of color are more

likely to have higher academic

expectations for students with whom

they share a cultural background.

17 18

Teachers of color may also be more

likely to address issues of racism in

their schools, by, for example,

supporting efforts to break down

negative stereotypes and prepare all

students to live and work in a

multiracial society.

19

Teachers of color

may also be drawn to working with

students of color and it has been noted

that ‘‘three in four teachers of color

work in the quartile of schools serving

the most students of color nationally’’.

20

Because teachers of color are more

likely to teach in these schools, which

often also have difficulty hiring

adequate numbers of qualified teachers,

increasing educator diversity can play a

critical role in addressing teacher

shortages.

21

Effective teachers, including

experienced

22

teachers who are fully

certified,

23

make significant

contributions to student academic

outcomes.

24 25

Despite the importance of

these characteristics, there is significant

inequity in students’ access to well-

qualified, experienced, and effective

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Isenberg, Eric, Jeffrey Max, Philip Gleason,

Matthew Johnson, Jonah Deutsch, and Michael

Hansen (2016). Do Low-Income Students Have

Equal Access to Effective Teachers? Evidence from

26 Districts (NCEE 2017–4007). Washington, DC:

National Center for Education Evaluation and

Regional Assistance, Institute of Education

Sciences, U.S. Department of Education.

27

Kuhfeld, M., Soland, J., Tarasawa, B., Johnson,

A., Ruzek, E., & Liu, J. (2020). Projecting the

potential impact of COVID–19 school closures on

academic achievement. Educational Researcher,

49(8), 549–565. See also Weissman, S. (April 29,

2021. Steep Enrollment Declines this Spring. Inside

Higher ED. https://www.insidehighered.com/news/

2021/04/29/spring-brings-even-steeper-enrollment-

declines.

teachers,

26

particularly for students

from low-income backgrounds, students

of color, and children or students with

disabilities.

As such, it is essential to attract,

support, and retain a diverse, well-

qualified, experienced, and effective

pool of educators and the first step in

that effort is to ensure that candidates

have access to high-quality

comprehensive preparation programs

that have high standards and provide

necessary supports for successful

completion. It is equally important to

support and retain qualified and

effective educators through practices

such as mentoring early career teachers;

improving working conditions; creating

or enhancing opportunities for

professional growth, including through

leadership opportunities; providing

competitive compensation and

opportunities for educators to take on

leadership roles; and creating

conditions for successful teaching and

learning.

This proposed priority focuses on

strengthening teacher recruitment,

selection, preparation, support,

development, effectiveness, recognition,

and retention in ways that are consistent

with the Department’s policy goals of

supporting teachers as the professionals

they are and improving outcomes for all

students by ensuring that students from

low-income backgrounds, students of

color, students with disabilities, English

learners, and other underserved

students have equal access to well-

qualified, experienced, diverse, and

effective educators.

Proposed Priority:

Projects that are designed to increase

the proportion of well-prepared,

diverse, and effective educators serving

students, with a focus on underserved

students, through one or more of the

following priority areas:

(a) Increasing the number of diverse

educator candidates who have access to

an evidence-based comprehensive

educator preparation program.

(b) Increasing the number of teachers

with certification in an educator

shortage area, or advanced certifications

from nationally recognized professional

organizations.

(c) Promoting knowledge of universal

design for learning in educator

preparation.

(d) Integrating universal design for

learning principles in pedagogical

practices and classroom features, such

as instructional techniques, classroom

materials and resources, and classroom

seating.

(e) Implementing loan forgiveness or

service-scholarship programs for

educators based on completing service

obligation requirements.

(f) Building or expanding high-

poverty school districts’ (as may be

defined in the program statute or

regulations) capacity to hire, support,

and retain an effective and diverse

educator workforce, through one or

more of the following:

(1) Providing beginning educators

with evidence-based mentoring or

induction programs.

(2) Adopting or expanding

comprehensive, strategic career and

compensation systems that provide

competitive compensation and include

opportunities for educators to serve as

mentors and instructional coaches, or to

take on additional leadership roles and

responsibilities for which educators are

compensated.

(3) Developing data systems,

timelines, and action plans for

promoting inclusive and bias-free

human resources practices that promote

and support development of educator

and school leader diversity.

(g) Supporting effective instruction

and building educator capacity through

one or more of the following:

(1) Providing high-quality job-

embedded professional development

opportunities focused on one or more of

the following:

(i) Designing and delivering

instruction in ways that are engaging,

effectively integrate technology, and

provide students with opportunities to

think critically and solve complex

problems, apply their learning in

authentic and real-world settings,

communicate and collaborate

effectively, and develop academic

mindsets, including through project-

based, work-based, or other experiential

learning opportunities.

(ii) Supporting students and their

families at key transitional stages in

their education as they enter into one or

more of the following:

(A) Elementary school.

(B) Middle school.

(C) High school.

(D) Postsecondary education.

(E) Work.

(iii) Meeting the needs of English

learners.

(iv) Meeting the needs of children or

students with disabilities, including

children or students with the most

significant disabilities.

(v) Addressing inequities and bias and

developing racially, ethnically,

culturally, and linguistically inclusive

pedagogy.

(vi) Building meaningful and trusting

relationships with students’ families to

support in-home, community-based,

and in-school learning.

(vii) For school leaders, improving

mastery of essential instructional and

organizational leadership skills

designed to improve teacher and

student learning.

(viii) Supporting teachers in creating

safe, healthy, inclusive, and productive

classroom environments.

(2) Developing and implementing

high-quality assessments (as defined in

this notice) of and for student learning

(including curriculum-aligned and

performance-based tools aligned with

State grade-level content standards or,

for career and technical education,

relevant industry standards) and

strategies that allow educators to use the

data from assessments to inform

instructional design and classroom

practices that meet the needs of all

students, with a focus on underserved

students, and providing high-quality

professional development to support

educators in implementing these

strategies.

(h) Increasing educator capacity to

collaborate with diverse stakeholders to

carry-out rapid, iterative cycles of

evaluation, such as design-based

research, improvement science, or other

rapid cycle techniques, to design,

develop, or improve promising

innovations that are designed to benefit

underserved students.

Proposed Priority 4— Meeting Student

Social, Emotional, and Academic

Needs.

Background: The ongoing effects of

the dual crises of COVID–19 and

systemic racism have affected

communities across this country.

Countless students have been exposed

to trauma and disruptions in learning

and have experienced disengagement

from school and peers, negatively

impacting their mental health and well-

being. While all students’ overall levels

of wellness have been affected, students

of color and other underserved students

have experienced a disproportionate

burden of the pandemic.

27

Targeted

supports, including those that leverage

technology, are needed for students who

have been disproportionately affected

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Reyes, M.R., Brackett, M.A., Rivers, S.E., White,

M., & Salovey, P. (2012). Classroom emotional

climate, student engagement, and academic

achievement. Journal of educational psychology,

104(3), 700.

29

Cross Francis, D., Liu, J., Bharaj, P.K., & Eker,

A. (2019). ‘‘Integrating Social-emotional and

Academic Development in Teachers’ Approaches to

Educating Students,’’ Policy Insights from the

Behavioral and Brain Sciences, 6(2), 138–146.

30

Swanson, E., Melguizo, T., & Martorell, P.

(2020). Examining the Relationship between

Psychosocial and Academic Outcomes in Higher

Education: A Descriptive Analysis.

(EdWorkingPaper: 20–286).

31

Robbins, S.B., Lauver, K., Le, H., Davis, D.,

Langley, R., & Carlstrom, A. (2004). Do Psychosocial

and Study Skill Factors Predict College Outcomes?

A Meta-Analysis. Psychological Bulletin, 130(2),

261–288.

32

Darling-Hammond, Linda, and Cook-Harvey, C.

(2018). Educating the Whole Child: Improving

School Climate to Support Student Success. LPI

33

Durlak, J.A., Domitrovich, C.E., Weissberg, R.P.,

and Gullotta, T.P. (Eds.). (2015). Handbook of social

and emotional learning: Research and practice. New

York: Guilford.

by the pandemic. Research has

demonstrated that, in elementary and

secondary schools, children learn, grow,

and achieve at higher levels in safe and

supportive environments, and in the

care of responsive adults they can

trust.

28

It is critical, then, to prioritize

support for students’ social, emotional,

and academic needs, not only to benefit

students’ social-emotional wellness, but

also to support their academic success

and prepare them for their future.

Because mounting evidence suggests

that supporting social-emotional

learning (SEL) can contribute to overall

student development,

29 30 31

educators

need access to tools, supports, and other

resources focused on SEL supports that

can improve effective instructional

practices. Integrating evidence-based

instructional strategies and approaches

proven to support SEL in the classroom

has the potential to yield important

benefits in students’ social, emotional,

and academic growth—and avert

potential negative outcomes for

students. For example, students with

unmet social and emotional needs can

struggle with social interactions and

engagement during instructional and

social times during the school day. In

turn, this can diminish students’ sense

of social and academic connection,

leading to chronic absenteeism and

antisocial behavior in elementary and

secondary education.

32

The world of work is also rapidly

shifting, and the pre-existing equity

gaps in access to high-quality career and

technical education-–including dual

enrollment, industry-recognized

credentials, and work-based learning—

have been further exacerbated by the

COVID–19 pandemic. Creating more

equitable systems of multiple, high-

quality, flexible college and career

pathways that align our schools and

postsecondary learning with the

demands of the 21st century economy

will help narrow disparities in financial

security and broaden economic

opportunity.

With appropriate and effective

supports, students will be more likely to

stay engaged in school, experience

social-emotional wellness and academic

success, and experience positive long-

term outcomes in both school and life.

33

Proposed Priority:

Projects that are designed to improve

students’ social, emotional, academic,

and career development, with a focus on

underserved students, through one or

more of the following priority areas:

(a) Developing and supporting

educator and school capacity to support

social and emotional learning and

development that—

(1) Fosters skills and behaviors that

enable academic progress developed

through explicit instruction in social,

emotional, and cognitive skills;

(2) Identifies and addresses

conditions in the learning environment,

that may negatively impact social and

emotional well-being for underserved

students, including conditions that

affect physical safety; and

(3) Is trauma-informed, such as

addressing exposure to community-

based violence and trauma specific to

military- or veteran-connected students

(as defined in this notice).

(b) Creating supportive, positive, and

identity-safe education or work-based

settings that provide racially, ethnically,

culturally, and linguistically inclusive

instruction, through one or more of the

following activities:

(1) Developing trusting relationships

between students, educators, families,

and community partners, including

engaging underserved students.

(2) Providing high-quality

professional development opportunities

designed to reduce bias, increase

engagement and belonging, and build

asset-based mindsets for adults working

in and throughout schools.

(3) Engaging parents, caregivers,

students, and community members as

full partners in school climate review

and improvement efforts.

(4) Developing and implementing

inclusive and culturally informed

discipline policies and addressing

disparities in school discipline policy

by identifying and addressing the root

causes of those disparities, including by

providing training and resources to

support educators.

(5) Supporting students to engage in

real-world, hands-on learning in

community-based settings, such as

apprenticeships, pre-apprenticeships,

work-based learning and service

learning, and engaging in civic

activities, that allow them to apply their

knowledge and skills, strengthen their

employability skills, and access career

exploration opportunities.

(c) Creating a positive, inclusive, and

identity-safe climate at institutions of

higher education through one or more of

the following activities:

(1) Fostering a sense of belonging and

inclusion for underserved students.

(2) Implementing evidence-based

practices for advancing student success

for underserved students.

(3) Providing evidence-based

professional development opportunities

designed to reduce bias and build asset-

based mindsets for faculty and staff on

campus, including high-quality racially,

ethnically, culturally, and linguistically

inclusive practices for students, faculty,

staff, and community.

(4) Developing any necessary updates

to the institution’s harassment policies

and procedures to ensure they apply to

harassment that occurs in the

institution’s educational programs and

activities, including during hybrid and

distance education.

(d) Providing multi-tiered systems of

supports to meet students’ academic,

social, and emotional needs, including

by offering evidence-based trauma-

informed practices, to address learning

barriers both in and out of the

classroom, that enable healthy

development and respond to students

needs and which may include

professional development for educators

on avoiding deficit-based approaches.

(e) Developing or implementing

policies and practices that prevent or

reduce significant disproportionality on

the basis of race or ethnicity with

respect to the identification, placement,

and disciplining of children or students

with disabilities.

(f) Providing all students access to

physically healthy learning

environments, such as energy-efficient

spaces, for one or more of the following:

(1) Early learning environments.

(2) Elementary or secondary schools.

(3) Out-of-school time learning

spaces.

(4) Postsecondary institutions.

(g) Providing students equitable

access to social workers, psychologists,

counselors, nurses, or mental health

professionals and other integrated

services and supports, which may

include in early learning environments.

(h) Preparing educators to implement

project-based or experiential learning

opportunities for students to strengthen

their metacognitive skills, self-direction,

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https://nces.ed.gov/programs/coe/indicator_

cua.asp.

self-efficacy, competency, or motivation,

including through instruction that:

Connects to students’ prior knowledge

and experience; provides rich, engaging,

complex, and motivating tasks; or offers

opportunities for collaborative learning.

(i) Creating comprehensive

schoolwide frameworks (such as small

schools or learning communities,

advisory systems, or looping educators)

that support strong and consistent

student and educator relationships.

(j) Fostering partnerships, including

across government agencies (e.g.,

housing, human services or employment

agencies), LEAs, community-based

organizations and postsecondary

education intuitions, to provide

comprehensive services to children,

students and families that support

student social, emotional, mental health

and academic needs.

Proposed Priority 5—Increasing

Postsecondary Education Access,

Affordability, Completion, and Post-

Enrollment Success.

Background:

Postsecondary education, including

career and technical education, is

increasingly necessary for individuals to

compete in a global economy. Therefore,

the Nation must boost completion rates

at all levels of postsecondary education.

This proposed priority supports projects

that prepare students, particularly

underserved students, for college and

the workforce; enroll more students in

postsecondary education and help them

succeed; and make college more

affordable. This proposed priority also

supports career and technical education

that connects with and leads to

postsecondary education programs of

study and provides students with the

knowledge and skills to succeed in the

workforce, earn a competitive wage, and

pursue lifelong learning and career and

economic advancement opportunities.

With this proposed priority, we also

aim to encourage adult learners to

reengage in learning, by meeting them

where they are and preparing them to

succeed in postsecondary coursework

such as through adult education and

literacy activities that will help increase

their employability.

In addition to supporting projects that

prepare students for careers and college,

we must make it easier for all students

to afford postsecondary education,

including career and technical

education, to complete their credential

in a timely manner, and to understand

the returns to their program of study.

The average net price of a college

education has risen for many

undergraduates, particularly full-time

students attending four-year public

colleges and universities, widening the

affordability gap.

34

Potential strategies

for addressing these challenges as part

of a broader structure supporting

student success could include:

Reducing time to degree and credential;

improving transferability between

community colleges and four year

institutions; supporting degree and

credential completion, particularly

among underserved students; providing

financial and non-financial

comprehensive supports; and increasing

transparency about the price of college,

typical levels of student indebtedness,

and median earnings.

Proposed Priority:

Projects that are designed to increase

postsecondary access, affordability,

success, and completion for

underserved students by addressing one

or more of the following priority areas:

(a) Projects implemented by or in

partnership with one or more of the

following entities:

(1) Community colleges (as defined in

this notice).

(2) Historically Black colleges and

universities (as defined in this notice).).

(3) Tribal colleges and universities (as

defined in this notice).).

(4) Minority-serving institutions (as

defined in this notice).).

(b) Increasing postsecondary

attainment and reducing the cost of

college by creating clearer pathways for

students between institutions and

making transfer of course credits more

seamless and transparent.

(c) Increasing the number and

proportion of underserved students who

enroll in and complete postsecondary

education programs, which may include

strategies related to college preparation,

awareness, application, selection,

advising, counseling and enrollment.

(d) Reducing the net price or debt-to-

earnings ratio for underserved students

who enroll in or complete college, other

postsecondary education, or career and

technical education programs.

(e) Establishing a system of high-

quality data, such as data on

persistence, retention, and completion,

for transparency, accountability, and

institutional improvement.

(f) Supporting the development and

implementation of student success

programs that integrate multiple

comprehensive and evidence-based

services or initiatives, such as academic

advising, structured/guided pathways,

career services, programs to meet basic

needs, such as housing, childcare and

transportation, student financial aid,

and access to technological devices.

(g) Increasing the number of

individuals who return to the

educational system to obtain a regular

high school diploma, or its recognized

equivalent for adult learners; enroll in

and complete community college,

college, or career and technical training;

or obtain basic and academic skills that

they need to succeed in community

college, college, career and technical

education, and/or the workforce.

(h) Supporting the development and

implementation of high-quality and

accessible learning opportunities,

including learning opportunities that

are accelerated or hybrid online; credit-

bearing; work-based; and flexible for

working students.

(i) Supporting evidence-based

practices in career and technical

education and ensuring equitable access

to and successful completion of high-

quality programs, credentials, or

degrees.

(j) Supporting the development or

implementation of evidence-based

strategies to promote students’

development of the necessary

knowledge and skills necessary for

success in the workforce and civic life.

(k) Connecting children or students

with disabilities, adults with

disabilities, and disconnected youth to

resources designed to improve

independent living and the achievement

of employment outcomes, which may

include the provision of pre-

employment transition services,

transition and other vocational

rehabilitation services under the

Vocational Rehabilitation program, and

transition and related services under

IDEA.

(l) Providing students access to

international education, education in

cultural and global competencies, and

foreign language training in preparation

for global competitiveness.

Proposed Priority 6—Strengthening

Cross-Agency Coordination and

Community Engagement to Advance

Systemic Change.

Background:

Schools and campuses are often the

center of the community for students

and their families, providing students

with the resources and referrals they

need to meet their full potential.

Ensuring that students and families

have access to nutritious food, housing,

health services, employment/financial

services, and other community

resources is pivotal to ensuring success

in the classroom, which in turn uplifts

community vitality. These needs are

best met through cross-agency

coordination and partnerships between

schools, campuses, and other

organizations in the community. In this

way, effective partnerships can make it

easier for families to have various needs

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met by the school and support systemic,

long-term change. Numerous programs

require or emphasize the importance of

such partnerships in improving

outcomes for students and their

families. This proposed priority would

encourage partnerships with other

agencies or entities and support cross-

agency, and cross-community

partnerships at the State and local

levels.

Proposed Priority:

Projects that are designed to take a

systemic approach to improving

outcomes for underserved students in

one or more of the following priority

areas:

(a) Coordinating efforts with Federal,

State, or local agencies, or community-

based organizations that support

students, to address one or more of the

following:

(1) Food assistance.

(2) Energy.

(3) Climate change.

(4) Housing.

(5) Homelessness.

(6) Transportation.

(7) Health.

(8) Childcare.

(9) School diversity.

(10) Justice policy.

(11) Workforce development.

(12) Technology.

(13) Public safety.

(13) Community violence.

(14) Social services.

(15) Voting access and registration.

(16) Another key field-initiated focus

area.

(b) Conducting community needs and

asset mapping to identify existing

programs that can be leveraged to

advance systemic change and programs

or initiatives that need to be

implemented.

(c) Establishing cross-agency

partnerships, or community-based

partnerships with local nonprofit

organizations, businesses, philanthropic

organizations, or others, to meet family

well-being needs.

(d) Identifying, documenting, and

disseminating policies, strategies, and

best practices on effective approaches to

creating systemic change through cross-

agency, or community-based

coordination and collaboration.

Types of Priorities:

When inviting applications for a

competition using one or more

priorities, we designate the type of each

priority as absolute, competitive

preference, or invitational through a

notice in the Federal Register. The

effect of each type of priority follows:

Absolute priority: Under an absolute

priority, we consider only applications

that meet the priority (34 CFR

75.105(c)(3)).

Competitive preference priority:

Under a competitive preference priority,

we give competitive preference to an

application by (1) awarding additional

points, depending on the extent to

which the application meets the priority

(34 CFR 75.105(c)(2)(i)); or (2) selecting

an application that meets the priority

over an application of comparable merit

that does not meet the priority (34 CFR

75.105(c)(2)(ii)).

Invitational priority: Under an

invitational priority we are particularly

interested in applications that meet the

priority. However, we do not give an

application that meets the priority a

preference over other applications (34

CFR 75.105(c)(1)).

Proposed Definitions

Background:

We propose specific definitions to

promote a shared understanding of the

scope of activities that could be

supported by these priorities. Under the

proposed definition of ‘‘underserved

students,’’ the Secretary may include

the entire definition within a grant

program or one or more of the subparts

of the definition that are most relevant

for the grant program.

Proposed Definitions:

We propose the following definitions

for use with the proposed priorities:

Children or students with disabilities

means children with disabilities as

defined in the Individuals with

Disabilities Education Act (IDEA) or

students with disabilities, as defined at

section 7(37) of the Rehabilitation Act of

1973 (29 U.S.C. 705(37)) 705(37)).

Community college means ‘‘junior or

community college’’ as defined in

section 312(f) of the Higher Education

Act of 1965, as amended (HEA).

Competency-based education (also

called proficiency-based or mastery-

based learning) means learning based on

knowledge and skills that are

transparent and measurable. Progression

is based on demonstrated mastery of

what students are expected to know

(knowledge) and be able to do (skills),

rather than seat time or age.

Culturally and linguistically inclusive

means pedagogical practices that

address inequities in access to and

success in school by recognizing and

valuing all students’ identities, cultures,

and potential.

Disconnected youth means an

individual, between the ages 14 and 24,

who may be from a low-income

background, experiences homelessness,

is in foster care, is involved in the

justice system, or is not working or not

enrolled in (or at risk of dropping out of)

an educational institution.

Early learning means any (a) State-

licensed or State-regulated program or

provider, regardless of setting or

funding source, that provides early care

and education for children from birth to

kindergarten entry, including, but not

limited to, any program operated by a

child care center or in a family child

care home; (b) program funded by the

Federal Government or State or local

educational agencies (including any

IDEA-funded program); (c) Early Head

Start and Head Start program; (d) non-

relative child care provider who is not

otherwise regulated by the State and

who regularly cares for two or more

unrelated children for a fee in a

provider setting; and (e) other program

that may deliver early learning and

development services in a child’s home,

such as the Maternal, Infant, and Early

Childhood Home Visiting Program;

Early Head Start; and Part C of IDEA.

English learner means an individual

who is an English learner as defined in

section 8101(20) of the Elementary and

Secondary Education Act of 1965, as

amended, or an individual who is an

English language learner as defined in

section 203(7) of the Workforce

Innovation and Opportunity Act.

Evidence-based has the meaning

ascribed to it in 34 CFR 77.1 or the

ESEA, as applicable.

High-quality assessments means

diagnostic, formative, or summative

assessments that are valid and reliable

for the purposes for which they are used

and that provide relevant and timely

information to help educators and

parents or caregivers support students.

Historically Black colleges and

universities means colleges and

universities that meet the criteria set out

in 34 CFR 608.2.

Military- or veteran-connected student

means one or more of the following:

(a) A child participating in an early

learning program, a student enrolled in

preschool through grade 12, or a student

enrolled in career and technical

education or postsecondary education

who has a parent or guardian who is a

member of the uniformed services (as

defined by 37 U.S.C. 101, in the Army,

Navy, Air Force, Marine Corps, Coast

Guard, Space Force, National Guard,

Reserves, National Oceanic and

Atmospheric Administration, or Public

Health Service or is a veteran of the

uniformed services with an honorable

discharge (as defined by 38 U.S.C.

3311).

(b) A student who is a member of the

uniformed services, a veteran of the

uniformed services, or the spouse of a

service member or veteran.

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(c) A child participating in an early

learning program, a student enrolled in

preschool through grade 12, or a student

enrolled in career and technical

education or postsecondary education

who has a parent or guardian who is a

veteran of the uniformed services (as

defined by 37 U.S.C. 101).

Minority-serving institution (MSI)

means an institution 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

HEA.

Tribal College or University has the

meaning ascribed it in section 316(b)(3)

of the HEA.

Underserved student means a student

(which may include children in early

learning environments, students in K–

12 programs, students in postsecondary

education or career and technical

education, and adult learners, as

appropriate) in one or more of the

following subgroups:

(a) A student who is living in poverty

or is served by schools with high

concentrations of students living in

poverty.

(b) A student of color.

(c) A student who is a member of a

federally recognized Indian Tribe.

(d) An English learner.

(e) A child or student with a

disability.

(f) A disconnected youth.

(g) A migrant student.

(h) A student experiencing

homelessness or housing insecurity.

(i) A lesbian, gay, bisexual,

transgender, queer, or intersex

(LGBTQ+) student.

(j) A student who is in foster care.

(k) A student without documentation

of immigration status.

(l) A pregnant, parenting, or

caregiving student.

(m) A student impacted by the justice

system, including a formerly

incarcerated student.

(n) A student who is the first in their

family to attend postsecondary

education.

(o) A student enrolling in or seeking

to enroll in postsecondary education for

the first time at the age of 20 or older.

(p) A student who is working full-

time while enrolled in postsecondary

education.

(q) A student who is enrolled in or is

seeking to enroll in postsecondary

education who is eligible for a Pell

Grant.

(r) An adult student in need of

improving their basic skills or an adult

student with limited English

proficiency.

(s) A student performing significantly

below grade level.

Universal design for learning has the

meaning ascribed it in section 103(24) of

the HEA.

Final Priorities and Definitions:

We will announce the final priorities

and definitions in a document

published in the Federal Register. We

will determine the final priorities and

definitions after considering responses

to the proposed priorities and

definitions and other information

available to the Department. This

document does not preclude us from

proposing additional priorities,

requirements, definitions, or selection

criteria, subject to meeting applicable

rulemaking requirements.

Note: This document does not solicit

applications. In any year in which we

choose to use these priorities and

definitions, we invite applications

through a notice inviting applications in

the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

Under Executive Order 12866, the

Office of Management and Budget

(OMB) must determine whether this

regulatory action is ‘‘significant’’ and,

therefore, subject to the requirements of

the Executive order and subject to

review by OMB. Section 3(f) of

Executive Order 12866 defines a

‘‘significant regulatory action’’ as an

action likely to result in a rule that

may—

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or Tribal governments or

communities in a material way (also

referred to as an ‘‘economically

significant’’ rule);

(2) Create serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impacts of entitlement grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

stated in the Executive order.

This proposed regulatory action is a

significant regulatory action subject to

review by OMB under section 3(f) of

Executive Order 12866.

We have also reviewed this proposed

regulatory action under Executive Order

13563, which supplements and

explicitly reaffirms the principles,

structures, and definitions governing

regulatory review established in

Executive Order 12866. To the extent

permitted by law, Executive Order

13563 requires that an agency—

(1) Propose or adopt regulations only

on a reasoned determination that their

benefits justify their costs (recognizing

that some benefits and costs are difficult

to quantify);

(2) Tailor its regulations to impose the

least burden on society, consistent with

obtaining regulatory objectives and

taking into account—among other things

and to the extent practicable—the costs

of cumulative regulations;

(3) In choosing among alternative

regulatory approaches, select those

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety,

and other advantages; distributive

impacts; and equity);

(4) To the extent feasible, specify

performance objectives, rather than the

behavior or manner of compliance a

regulated entity must adopt; and

(5) Identify and assess available

alternatives to direct regulation,

including economic incentives—such as

user fees or marketable permits—to

encourage the desired behavior, or

provide information that enables the

public to make choices.

Executive Order 13563 also requires

an agency ‘‘to use the best available

techniques to quantify anticipated

present and future benefits and costs as

accurately as possible.’’ The Office of

Information and Regulatory Affairs of

OMB has emphasized that these

techniques may include ‘‘identifying

changing future compliance costs that

might result from technological

innovation or anticipated behavioral

changes.’’

We are issuing these proposed

priorities and definitions only on a

reasoned determination that their

benefits would justify their costs. In

choosing among alternative regulatory

approaches, we selected those

approaches that would maximize net

benefits. Based on an analysis of

anticipated costs and benefits, we

believe that these proposed priorities

and definitions are consistent with the

principles in Executive Order 13563.

We also have determined that this

regulatory action does not unduly

interfere with State, local, and Tribal

governments in the exercise of their

governmental functions.

In accordance with these Executive

orders, the Department has assessed the

potential costs and benefits, both

quantitative and qualitative, of this

regulatory action. The potential costs

are those resulting from statutory

requirements and those we have

determined as necessary for

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administering the Department’s

programs and activities.

Potential Costs and Benefits

The proposed priorities and

definitions would impose minimal costs

on entities that would receive assistance

through the Department’s discretionary

grant programs. Additionally, the

benefits of implementing the proposed

priorities and definitions outweigh any

associated costs because it would result

in the Department’s discretionary grant

programs encouraging the submission of

a greater number of high-quality

applications and supporting activities

that reflect the Administration’s

educational priorities.

Application submission and

participation in a discretionary grant

program are voluntary. The Secretary

believes that the costs imposed on

applicants by the proposed priorities

and definitions would be limited to

paperwork burden related to preparing

an application for a discretionary grant

program that is using a priority in its

competition. Because the costs of

carrying out activities would be paid for

with program funds, the costs of

implementation would not be a burden

for any eligible applicants, including

small entities.

Clarity of the Regulations

Executive Order 12866 and the

Presidential memorandum ‘‘Plain

Language in Government Writing’’

require each agency to write regulations

that are easy to understand.

The Secretary invites comments on

how to make the proposed priorities and

definitions easier to understand,

including answers to questions such as

the following:

•Are the requirements in the

proposed regulations clearly stated?

•Do the proposed regulations contain

technical terms or other wording that

interferes with their clarity?

•Would the proposed regulations be

easier to understand if we divided them

into more (but shorter) sections?

•Could the description of the

proposed regulations in the

SUPPLEMENTARY INFORMATION

section of

this preamble be more helpful in

making the proposed regulations easier

to understand? If so, how?

To send any comments that concern

how the Department could make the

proposed priorities and definitions

easier to understand, see the

instructions in the

ADDRESSES

section.

Intergovernmental Review: This

program is subject to Executive Order

12372 and the regulations in 34 CFR

part 79. One of the objectives of the

Executive order is to foster an

intergovernmental partnership and a

strengthened federalism. The Executive

order relies on processes developed by

State and local governments for

coordination and review of proposed

Federal financial assistance.

This document provides early

notification of our specific plans and

actions for this program.

Regulatory Flexibility Act Certification

The Secretary certifies that this

proposed regulatory action would not

have a significant economic impact on

a substantial number of small entities.

The U.S. Small Business Administration

Size Standards define proprietary

institutions as small businesses if they

are independently owned and operated,

are not dominant in their field of

operation, and have total annual

revenue below $7,000,000. Nonprofit

institutions are defined as small entities

if they are independently owned and

operated and not dominant in their field

of operation. Public institutions are

defined as small organizations if they

are operated by a government

overseeing a population below 50,000.

The small entities that this proposed

regulatory action would affect are early

learning providers, school districts,

IHEs, nonprofit organizations, and for-

profit organizations. Of the impacts we

estimate accruing to grantees or eligible

entities, all are voluntary and related

mostly to an increase in the number of

applications prepared and submitted

annually for competitive grant

competitions. Therefore, we do not

believe that the proposed priorities and

definitions would significantly impact

small entities beyond the potential for

increasing the likelihood of their

applying for, and receiving, competitive

grants from the Department.

Paperwork Reduction Act

The proposed priority and definitions

do not contain any information

collection requirements.

Accessible Format: On request to the

program contact person listed under

FOR

FURTHER INFORMATION CONTACT

,

individuals with disabilities can obtain

this document in an accessible format.

The Department will provide the

requestor with an accessible format that

may include Rich Text Format (RTF) or

text format (txt), a thumb drive, an MP3

file, braille, large print, audiotape, or

compact disc, or other accessible format.

Electronic Access to This Document:

The official version of this document is

the document published in the Federal

Register. You may access the official

edition of the Federal Register and the

Code of Federal Regulations at

www.govinfo.gov. At this site you can

view this document, as well as all other

documents of the 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.

Miguel Cardona,

Secretary of Education.

[FR Doc. 2021–14003 Filed 6–29–21; 8:45 am]

BILLING CODE 4000–01–P

LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 21–CRB–0002–PBR (2023–

2027)]

Determination of Rates and Terms for

Public Broadcasting (PB IV)

AGENCY

: Copyright Royalty Board,

Library of Congress.

ACTION

: Proposed rule.

SUMMARY

: The Copyright Royalty Judges

publish for comment proposed

regulations that set rates and terms for

the use of certain copyrighted works by

certain public broadcasting entities for

the period beginning January 1, 2023,

and ending December 31, 2027.

DATES

: Comments and objections, if any,

are due no later than July 30, 2021.

ADDRESSES

: You may send comments,

identified by docket number 21–CRB–

0002–PBR (2023–2027), online through

eCRB at https://app.crb.gov.

Instructions: To send your comment

through eCRB, if you do not have a user

account, you will first need to register

for an account and wait for your

registration to be approved. Approval of

user accounts is only available during

business hours. Once you have an

approved account, you can only sign in

and file your comment after setting up

multi-factor authentication, which can

be done at any time of day. All

comments must include the Copyright

Royalty Board name and the docket

number for this proposed rule. All

properly filed comments will appear

without change in eCRB at https://

app.crb.gov, including any personal

information provided.

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