[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Pages 25457-25463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10359]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Enhanced Assessment Instruments 
Grants Program--Enhanced Assessment Instruments (English Language 
Proficiency (ELP) Competition)

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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    Overview Information:
    Enhanced Assessment Instruments Grants Program--Enhanced Assessment 
Instruments (English Language Proficiency Competition);
    Notice inviting applications for new awards for fiscal year (FY) 
2011 funds.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.368A-1.

DATES: 
    Applications Available: April 30, 2012.
    Deadline for Notice of Intent to Apply: May 30, 2012.
    Deadline for Transmittal of Applications: June 14, 2012.
    Deadline for Intergovernmental Review: August 13, 2012.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the Enhanced Assessment 
Instruments Grant program, also called the Enhanced Assessment Grants 
(EAG) program, is to enhance the quality of assessment instruments and 
systems used by States for measuring the academic achievement of 
elementary and secondary school students.
    In 2012, the Department is holding two separate competitions for FY 
2011 EAG funds. The competition announced in this notice (EAG ELP 
Competition) (CFDA No. 84.368A-1) will support the development of a 
system of English language proficiency assessments aligned with a 
common set of English language proficiency standards that correspond to 
a common set of college- and career-ready standards in English language 
arts and mathematics, and, in so doing, will give priority to 
collaborative efforts among States in developing these assessments. 
Elsewhere in this issue of the Federal Register, we are publishing a 
notice inviting applications for a separate competition for FY 2011 EAG 
funds to be awarded in 2012 (EAG Accessibility Competition) (CFDA No. 
84.368A-2). The Department may use any unused funds from the 
competition announced in this notice to make awards in the EAG 
Accessibility Competition. Conversely, the Department may use any 
unused funds from the EAG Accessibility Competition to make awards in 
the competition announced in this notice.
    Priorities: This competition includes five absolute priorities and 
one competitive preference priority. In accordance with 34 CFR 
75.105(b)(2)(iv), absolute priorities 1 through 4 (Statutory 
Priorities) are based on section 6112 of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA) (20 U.S.C. 7301a). Absolute 
priority 5 (Regulatory Priority) and competitive preference priority 1 
are from the notice of final priorities, requirements, definitions, and 
selection criteria published in the Federal Register on April 19, 2011 
(76 FR 21986).
    Absolute Priorities: For awards made from this competition in 2012 
with FY 2011 funds, and any subsequent year in which we make awards 
from the list of unfunded applicants from this competition, these 
priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we 
consider only applications that meet: (a) one or more of the Statutory 
Priorities (Absolute Priorities 1 through 4) and (b) the Regulatory 
Priority (Absolute Priority 5).
    These priorities are:
    Absolute Priority 1--Collaboration. Collaborate with institutions 
of higher education, other research institutions, or other 
organizations to improve the quality, validity, and reliability of 
State academic assessments beyond the requirements for these 
assessments described in section 1111(b)(3) of the ESEA.
    Absolute Priority 2--Use of Multiple Measures of Student Academic 
Achievement. Measure student academic achievement using multiple 
measures of student academic achievement from multiple sources.
    Absolute Priority 3--Charting Student Progress Over Time. Chart 
student progress over time.
    Absolute Priority 4--Comprehensive Academic Assessment Instruments. 
Evaluate student academic achievement through the development of 
comprehensive academic assessment instruments, such as performance- and 
technology-based academic assessments.
    Absolute Priority 5--English Language Proficiency Assessment 
System.
    To meet this priority, an applicant must propose a comprehensive 
plan to develop an English language proficiency assessment system that 
is valid, reliable, and fair for its intended purpose. Such a plan must 
include the following features:
    (a) Design. The assessment system must--
    (1) Be designed for implementation in multiple States;
    (2) Be based on a common definition of English learner adopted by 
the applicant State and, if the applicant applies as part of a 
consortium, adopted and held in common by all States in the consortium, 
where common with respect to the definition of ``English learner'' 
means identical for purposes of the diagnostic (e.g., screener or 
placement) assessments and associated achievement standards used to 
classify students as English learners as well as the summative 
assessments and associated achievement standards used to exit students 
from English learner status;
    (3) At a minimum, include diagnostic (e.g., screener or placement) 
and summative assessments;
    (4) Measure students' English proficiency against a set of English 
language proficiency standards held by

[[Page 25458]]

the applicant State and, if the applicant applies as part of a 
consortium, held in common by all States in the consortium;
    (5) Measure students' English proficiency against a set of English 
language proficiency standards that correspond to a common set of 
college- and career-ready standards (as defined in this notice) in 
English language arts and mathematics, are rigorous, are developed with 
broad stakeholder involvement, are vetted with experts and 
practitioners, and for which external evaluations have documented rigor 
and correspondence with a common set of college- and career-ready 
standards in English language arts and mathematics;
    (6) Cover the full range of the English language proficiency 
standards across the four language domains of reading, writing, 
speaking, and listening, as required by section 3113(b)(2) of the ESEA;
    (7) Ensure that the measures of students' English proficiency 
consider the students' control over the linguistic components of 
language (e.g., phonology, syntax, morphology);
    (8) Produce results that indicate whether individual students have 
attained the English proficiency necessary to participate fully in 
academic instruction in English and meet or exceed college- and career-
ready standards;
    (9) Provide at least an annual measure of English proficiency and 
student progress in learning English for English learners in 
kindergarten through grade 12 in each of the four language domains of 
reading, writing, speaking, and listening;
    (10) Assess all English learners, including English learners who 
are also students with disabilities and students with limited or no 
formal education, except for English learners with the most significant 
cognitive disabilities who are eligible to participate in alternate 
assessments based on alternate academic achievement standards in 
accordance with 34 CFR 200.6(a)(2); and
    (11) Be accessible to all English learners, including by providing 
appropriate accommodations for English learners with disabilities, 
except for English learners with the most significant cognitive 
disabilities who are eligible to participate in alternate assessments 
based on alternate academic achievement standards in accordance with 34 
CFR 200.6(a)(2).
    (b) Technical quality. The assessment system must measure students' 
English proficiency in ways that--
    (1) Are consistent with nationally recognized professional and 
technical standards; and
    (2) As appropriate, elicit complex student demonstrations of 
comprehension and production of academic English (e.g., performance 
tasks, selected responses, brief or extended constructed responses).
    (c) Data. The assessment system must produce data that--
    (1) Include student attainment of English proficiency and student 
progress in learning English (including data disaggregated by English 
learner subgroups such as English learners by years in a language 
instruction educational program; English learners whose formal 
education has been interrupted; students who were formerly English 
learners by years out of the language instruction educational program; 
English learners by level of English proficiency, such as those who 
initially scored proficient on the English language proficiency 
assessment; English learners by disability status; and English learners 
by native language);
    (2) Provide a valid and reliable measure of students' abilities in 
each of the four language domains (reading, writing, speaking, and 
listening) and a comprehensive English proficiency score based on all 
four domains, with each language domain score making a significant 
contribution to the comprehensive ELP score, at each proficiency level; 
and
    (3) Can be used for the--
    (i) Identification of students as English learners;
    (ii) Decisions about whether a student should exit from English 
language instruction educational programs;
    (iii) Determinations of school, local educational agency, and State 
effectiveness for the purposes of accountability under Title I and 
Title III of the ESEA;
    (4) Can be used, as appropriate, as one of multiple measures, to 
inform--
    (i) Evaluations of individual principals and teachers in order to 
determine their effectiveness;
    (ii) Determinations of principal and teacher professional 
development and support needs; and
    (iii) Strategies to improve teaching, learning, and language 
instruction education programs.
    (d) Compatibility. The assessment system must use compatible 
approaches to technology, assessment administration, scoring, 
reporting, and other factors that facilitate the coherent inclusion of 
the assessments within States' student assessment systems.
    (e) Students with the most significant cognitive disabilities. The 
comprehensive plan to develop an English language proficiency 
assessment system must include the strategies the applicant State and, 
if the applicant is part of a consortium, all States in the consortium, 
plans to use to assess the English proficiency of English learners with 
the most significant cognitive disabilities who are eligible to 
participate in alternate assessments based on alternate academic 
achievement standards in accordance with 34 CFR 200.6(a)(2) in lieu of 
including those students in the operational administration of the 
assessments developed for other English learners under a grant from 
this competition.
    Competitive Preference Priority: For awards made in 2012 with FY 
2011 funds, and any subsequent year in which we make awards from the 
list of unfunded applicants from this competition, this priority is a 
competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we award 
up to an additional 5 points to an application, depending on how well 
the application meets this priority.
    This priority is:
    Competitive Preference Priority 1--Collaborative Efforts Among 
States.
    To meet this priority, an applicant must--
    (a) Include a minimum of 15 States in the consortium;
    (b) Identify in its application a proposed project management 
partner and provide an assurance that the proposed project management 
partner is not partnered with any other eligible applicant applying for 
an award under this competition; \1\
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    \1\ In selecting a proposed project management partner, an 
eligible applicant must comply with the requirements for procurement 
in 34 CFR 80.36.
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    (c) Provide a description of the consortium's structure and 
operation. The description must include--
    (1) The organizational structure of the consortium (e.g., 
differentiated roles that a member State may hold);
    (2) The consortium's method and process (e.g., consensus, majority) 
for making different types of decisions (e.g., policy, operational);
    (3) The protocols by which the consortium will operate, including 
protocols for member States to change roles in the consortium, for 
member States to leave the consortium, and for new member States to 
join the consortium;
    (4) The consortium's plan, including the process and timeline, for 
setting key policies and definitions for implementing the proposed 
project, including, for any assessments developed through a project 
funded by this grant, the common set of standards upon which to base 
the assessments, a

[[Page 25459]]

common set of performance-level descriptors, a common set of 
achievement standards, common assessment administration procedures, 
common item-release and test-security policies, and a common set of 
policies and procedures for accommodations and student participation; 
and
    (5) The consortium's plan for managing grant funds received under 
this competition; and
    (d) Provide a memorandum of understanding or other binding 
agreement executed by each State in the consortium that includes an 
assurance that, to remain in the consortium, the State will adopt or 
use any instrument, including to the extent applicable, assessments, 
developed under the proposed project no later than the end of the 
project period.
    Requirements: The following requirements, which were published in 
the Federal Register on April 19, 2011 (76 FR 21986), apply to this 
competition. An eligible applicant awarded a grant under this program 
must:
    (a) Evaluate the validity, reliability, and fairness of any 
assessments or other assessment-related instruments developed under a 
grant from this competition, and make available documentation of 
evaluations of technical quality through formal mechanisms (e.g., peer-
reviewed journals) and informal mechanisms (e.g., newsletters), both in 
print and electronically;
    (b) Actively participate in any applicable technical assistance 
activities conducted or facilitated by the Department or its designees, 
coordinate with the RTTA program in the development of assessments 
under this program, and participate in other activities as determined 
by the Department;
    (c) Develop a strategy to make student-level data that result from 
any assessments or other assessment-related instruments developed under 
a grant from this competition available on an ongoing basis for 
research, including for prospective linking, validity, and program 
improvement studies; \2\
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    \2\ Eligible applicants awarded a grant under this program must 
comply with the Family Educational Rights and Privacy Act (FERPA) 
and 34 CFR part 99, as well as State and local requirements 
regarding privacy.
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    (d) Ensure that any assessments or other assessment-related 
instruments developed under a grant from this competition will be 
operational (ready for large-scale administration) at the end of the 
project period;
    (e) Ensure that funds awarded under the EAG program are not used to 
support the development of standards, such as under the English 
language proficiency assessment system priority or any other priority.
    (f) Maximize the interoperability of any assessments and other 
assessment-related instruments developed with funds from this 
competition across technology platforms and the ability for States to 
move their assessments from one technology platform to another by doing 
the following, as applicable, for any assessments developed with funds 
from this competition by--
    (1) Developing all assessment items in accordance with an industry-
recognized open-licensed interoperability standard that is approved by 
the Department during the grant period, without non-standard extensions 
or additions; and
    (2) Producing all student-level data in a manner consistent with an 
industry-recognized open-licensed interoperability standard that is 
approved by the Department during the grant period;
    (g) Unless otherwise protected by law or agreement as proprietary 
information, make any assessment content (i.e., assessments and 
assessment items) and other assessment-related instruments developed 
with funds from this competition freely available to States, technology 
platform providers, and others that request it for purposes of 
administering assessments, provided that those parties receiving 
assessment content comply with consortium or State requirements for 
test or item security; and
    (h) For any assessments and other assessment-related instruments 
developed with funds from this competition, use technology to the 
maximum extent appropriate to develop, administer, and score the 
assessments and report results.
    Definitions: The following definitions, which were published in the 
Federal Register on April 19, 2011 (76 FR 21986), apply to this 
competition.
    Common set of college- and career-ready standards means a set of 
academic content standards for grades K-12 held in common by multiple 
States, that (a) define what a student must know and be able to do at 
each grade level; (b) if mastered, would ensure that the student is 
college- and career-ready by the time of high school graduation; and 
(c) for any consortium of States applying under the EAG program, are 
substantially identical across all States in the consortium.
    A State in a consortium may supplement the common set of college- 
and career-ready standards with additional content standards, provided 
that the additional standards do not comprise more than 15 percent of 
the State's total standards for that content area.
    English language proficiency assessment system, for purposes of the 
English language proficiency assessment system priority, means a system 
of assessments that includes, at a minimum, diagnostic (e.g., screener 
or placement) and summative assessments at each grade level from 
kindergarten through grade 12 that cover the four language domains of 
reading, writing, speaking, and listening, as required by section 
3113(b)(2) of the ESEA, and that meets all other requirements of the 
priority.
    English learner means a student who is an English learner as 
defined by the applicant consistent with the definition of a student 
who is ``limited English proficient'' as that term is defined in 
section 9101(25) of the ESEA. If the applicant submits an application 
on behalf of a consortium, member States must develop and adopt a 
common definition of the term during the period of the grant.
    Student with a disability means a student who has been identified 
as a child with a disability under the Individuals with Disabilities 
Education Act, as amended.

    Program Authority: 20 U.S.C. 7301a and 7842.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 
82, 84, 86, 97, 98, and 99. (b) The Debarment and Suspension 
regulations in 2 CFR part 3485. (c) The notice of final priorities, 
requirements, definitions, and selection criteria published in the 
Federal Register on April 19, 2011 (76 FR 21986). (d) The notice of 
final revision to selection criteria, published elsewhere in this issue 
of the Federal Register.

    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $6,000,000 in FY 2011 funds to be 
awarded in 2012. Contingent upon the availability of funds and the 
quality of applications, we may make additional awards with FY 2012 
funds from the list of unfunded applicants from this competition.
    Estimated Range of Awards: $5,000,000 to $7,000,000.
    Estimated Average Size of Awards: $6,000,000.
    Estimated Number of Awards: 1.


[[Page 25460]]


    Note: Applicants should submit a single budget request for a 
single budget and project period of up to 48 months. Subject to the 
availability of future years' funds, the Department may make 
supplemental grant awards to the grants awarded with FY 2011 funds.


    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 48 months.

III. Eligibility Information

    1. Eligible Applicants: State educational agencies (SEAs) as 
defined in section 9101(41) of the ESEA and consortia of such SEAs.
    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.
    3. Other: An application from a consortium of SEAs must designate 
one SEA as the fiscal agent.

IV. Application and Submission Information

    1. Address to Request Application Package: You can access the 
electronic grant application for the Enhanced Assessment Instruments 
Grants Program at http://www.Grants.gov. You must search for the 
downloadable application package for this competition by the CFDA 
number. Do not include the CFDA number's alpha suffix in your search 
(e.g., search for 84.368, not 84.368A). Your search will result in two 
grant opportunities; be sure to select the opportunity for the EAG ELP 
Competition application package. You can also obtain a copy of the 
application package by contacting the program contact persons listed 
under Agency Contacts in section VII of this notice.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the person listed under Accessible 
Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this competition.
    Page Limit: The project narrative (Part 3 of the application) is 
where you, the applicant, address the selection criteria that reviewers 
use to evaluate your application and the absolute and competitive 
preference priorities. You must limit the project narrative (Part 3) to 
the equivalent of no more than 65 pages, using the following standards:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the project narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Times New Roman font no smaller than 11.0 point for all 
text in the project narrative, including titles, headings, footnotes, 
quotations, references, and captions, as well as all text in charts, 
tables figures, and graphs. (Font sizes that are smaller than 11 but 
round up to 11, such as 10.7 point, will be considered smaller than 
11.0.)
    <bullet> Any screen shots included as part of the narrative should 
follow these standards or, if other standards are applied, be sized to 
equal the equivalent amount of space if these standards were applied.
    The page limit applies to the project narrative (Part 3), including 
the table of contents, which must include a discussion of how the 
application meets one or more of the statutory absolute priorities and 
how well the applicant meets the regulatory absolute priority; if 
applicable, how the application meets the competitive preference 
priority; and how well the application addresses each of the selection 
criteria. The page limit also applies to any attachments to the project 
narrative other than the references/bibliography. In other words, the 
entirety of Part 3 of the application, including the aforementioned 
discussion and any attachments to the project narrative, must be 
limited to the equivalent of no more than 65 pages. The only allowable 
attachments other than those included in the project narrative are 
those outlined as ``Other Attachments Forms'' for Part 6 in the 
application package. Any attachments other than those included within 
the page limit of the project narrative and those outlined for Part 6 
will not be reviewed.
    The 65-page limit, or its equivalent, does not apply to the 
following sections of an application: Part 1 (including the response 
regarding research activities involving human subjects); Part 2 (two-
page project abstract); Part 4 (the budget sections, including the 
chart and narrative budget justification); Part 5 (standard assurances 
and certifications); and Part 6 (other attachments forms, including, if 
applicable, references/bibliography for the project narrative; 
individual r[eacute]sum[eacute]s for project director(s) and key 
personnel--applicants are encouraged to limit each r[eacute]sum[eacute] 
to no more than five pages; memoranda of understanding or other binding 
agreement; assurance regarding management partner; copy of applicant's 
indirect cost rate agreement; and letters of commitment and support 
from collaborating SEAs and organizations).
    Our reviewers will not read any pages of your project narrative 
that exceed the page limit; or exceed the equivalent of the page limit 
if you apply other standards. Applicants are encouraged to submit 
applications that meet the page limit following the standards outlined 
in this section rather than submitting applications that are the 
equivalent of the page limit applying other standards.
    3. Submission Dates and Times:
    Applications Available: April 30, 2012.
    Deadline for Notice of Intent to Apply: May 30, 2012.
    We will be able to develop a more efficient process for reviewing 
grant applications if we have a better understanding of the 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 for 
funding by sending a short email message. This short email should 
provide the applicant organization's name and address. The Secretary 
requests that this email be sent to <a href="/cdn-cgi/l/email-protection#93d0fcfffff6e7e7f6bdc1fcfdf6ead3f6f7bdf4fce5"><span class="__cf_email__" data-cfemail="e5a68a898980919180cbb78a8b809ca58081cb828a93">[email protected]</span></a> with ``Intent 
to Apply'' in the email subject line. Applicants that do not provide 
this email notification may still apply for funding.
    Deadline for Transmittal of Applications: June 14, 2012.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). Note that 
applications for this EAG ELP Competition must be submitted under CFDA 
number 84.368A-1; only applications for the EAG Accessibility 
Competition should be submitted under CFDA number 84.368A-2. For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 7. Other Submission 
Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an

[[Page 25461]]

individual with a disability in connection with the application 
process, the individual's application remains subject to all other 
requirements and limitations in this notice.
    Deadline for Intergovernmental Review: August 13, 2012.
    4. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section in this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and Central Contractor Registry: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the Central 
Contractor Registry (CCR), the Government's primary registrant 
database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active CCR registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number 
can be created within one business day.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow 2-5 weeks for your TIN to become active.
    The CCR registration process may take five or more business days to 
complete. If you are currently registered with the CCR, you may not 
need to make any changes. However, please make certain that the TIN 
associated with your DUNS number is correct. Also note that you will 
need to update your CCR registration on an annual basis. This may take 
three or more business days to complete.
    In addition, if you are submitting your application via Grants.gov, 
you must (1) be designated by your organization as an Authorized 
Organization Representative (AOR); and (2) register yourself with 
Grants.gov as an AOR. Details on these steps are outlined in the 
Grants.gov Web page: www.grants.gov/applicants/get_registered.jsp.
    7. Other Submission Requirements: Applications for grants under 
this competition must be submitted electronically unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Enhanced Assessment Instruments 
Grants Program ELP Competition, CFDA number 84.368A-1, must be 
submitted electronically using the Governmentwide Grants.gov Apply site 
at www.Grants.gov. Through this site, you will be able to download a 
copy of the application package, complete it offline, and then upload 
and submit your application. You may not email an electronic copy of a 
grant application to us. You should submit applications to this 
competition, the EAG ELP Competition, under CFDA number 84.368A-1; do 
not submit applications for this competition under CFDA number 84.368A-
2, which is the number for the EAG Accessibility Competition.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    You may access the electronic grant application for the Enhanced 
Assessment Instruments Grants Program at www.Grants.gov. You must 
search for the downloadable application package for this competition by 
the CFDA number. Do not include the CFDA number's alpha suffix in your 
search (e.g., search for 84.368, not 84.368A).
    Please note the following:
    <bullet> When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
    <bullet> Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30:00 p.m., Washington, DC time, on the application deadline date.
    <bullet> The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
    <bullet> You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this competition to ensure that 
you submit your application in a timely manner to the Grants.gov 
system. You can also find the Education Submission Procedures 
pertaining to Grants.gov under News and Events on the Department's G5 
system home page at www.G5.gov.
    <bullet> You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
    <bullet> You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications.
    <bullet> You must upload any narrative sections and all other 
attachments to your application as files in a .PDF (Portable Document) 
read-only, non-modifiable format. Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF or submit a password-protected file, we will not 
review that material.
    <bullet> Your electronic application must comply with any page-
limit requirements described in this notice.
    <bullet> After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov

[[Page 25462]]

tracking number. (This notification indicates receipt by Grants.gov 
only, not receipt by the Department.) The Department then will retrieve 
your application from Grants.gov and send a second notification to you 
by email. This second notification indicates that the Department has 
received your application and has assigned your application a PR/Award 
number (an ED-specified identifying number unique to your application).
    <bullet> We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
with the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk, toll free, at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30:00 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30:00 p.m., Washington, DC 
time, on the application deadline date, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT in section VII of this 
notice and provide an explanation of the technical problem you 
experienced with Grants.gov, along with the Grants.gov Support Desk 
Case Number. We will accept your application if we can confirm that a 
technical problem occurred with the Grants.gov system and that that 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. The 
Department will contact you after a determination is made on whether 
your application will be accepted.

    Note:  The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the Grants.gov system because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload large documents to 
the Grants.gov system;
    and
    <bullet> No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline 
date. If you fax your written statement to the Department, we must 
receive the faxed statement no later than two weeks before the 
application deadline date.
    Address and mail or fax your statement to: Collette Roney, U.S. 
Department of Education, 400 Maryland Avenue SW., room 3W210, 
Washington, DC 20202. Fax: (202) 260-7764.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.368A-1), LBJ Basement Level 1, 400 Maryland Avenue SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.368A-1), 550 12th Street SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:  If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by 
the Department--in Item 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this notification within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from the notice of final priorities, requirements, definitions, and 
selection criteria published in the Federal Register on April 19, 2011 
(76 FR 21986) and are listed in the application package.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also

[[Page 25463]]

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 
also 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 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary 
may impose special 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 34 CFR parts 74 or 80, as applicable; has not fulfilled 
the conditions of a prior grant; or is otherwise not responsible.

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). 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. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multi-year 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).
    4. Performance Measures: Under the Government Performance and 
Results Act of 1993 (GPRA), the Department has developed four measures 
to evaluate the overall effectiveness of the Enhanced Assessment 
Instruments Grants program: (1) The number of States that participate 
in Enhanced Assessment Instruments Grants projects funded by this 
competition; (2) the percentage of grantees that, at least twice during 
the period of their grants, make available to SEA staff in non-
participating States and to assessment researchers information on 
findings resulting from the Enhanced Assessment Instruments Grants 
through presentations at national conferences, publications in refereed 
journals, or other products disseminated to the assessment community; 
(3) for each grant cycle and as determined by an expert panel, the 
percentage of Enhanced Assessment Instruments Grants that yield 
significant research, methodologies, products, or tools regarding 
assessment systems or assessments; and (4) for each grant cycle and as 
determined by an expert panel, the percentage of Enhanced Assessment 
Instruments Grants that yield significant research, methodologies, 
products, or tools specifically regarding accommodations and alternate 
assessments for students with disabilities and limited English 
proficient students. Grantees will be expected to include in their 
interim and final performance reports information about the 
accomplishments of their projects because the Department will need data 
on these measures.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Collette Roney, Enhanced Assessment 
Grants Program, Office of Elementary and Secondary Education, U.S. 
Department of Education, 400 Maryland Avenue SW., room 3W210, 
Washington, DC 20202-6132. Telephone: (202) 401-5245 or by email: 
<a href="/cdn-cgi/l/email-protection#db98b4b7b7beafafbef589b4b5bea29bbebff5bcb4ad"><span class="__cf_email__" data-cfemail="0f4c6063636a7b7b6a215d60616a764f6a6b21686079">[email protected]</span></a>.
    If you use a TDD or a TTY, call the FRS, toll-free, at 1-800-877-
8339.

VIII. 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 
in section VII in this notice.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. 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 Adobe 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.

    Dated: April 25, 2012.
Michael Yudin,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2012-10359 Filed 4-27-12; 8:45 am]
BILLING CODE 4000-01-P


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