[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76548-76559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26112]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Applications for New Awards; Native American Career and Technical 
Education Program (NACTEP)

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2021 for the 
Native American Career and Technical Education Program (NACTEP), 
Assistance Listing number 84.101A. This notice relates to the approved 
information collection under OMB control number 1830-0542.

DATES: 
    Applications Available: November 30, 2020.
    Deadline for Notice of Intent to Apply: Applicants are strongly 
encouraged, but not required, to submit a notice of intent to apply by 
December 30, 2020.
    Date of Pre-Application Meeting: December 9, 2020.
    Deadline for Transmittal of Applications: [INSERT DATE 60 DAYS 
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
    Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar for prospective applicants on 
December 9, 2020. More information about the webinar can be found in 
the application package.

ADDRESSES: 
    For the addresses for obtaining and submitting an application, 
please refer to our Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Jenny Lambert, U.S. Department of 
Education, 400 Maryland Avenue SW, Potomac Center Plaza, Room 11-070, 
Washington, DC 20202. Telephone: (202) 245-6899. Email: <a href="/cdn-cgi/l/email-protection#4a040b091e0f1a0a2f2e642d253c"><span class="__cf_email__" data-cfemail="c28c838196879282a7a6eca5adb4">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text

[[Page 76549]]

telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: NACTEP provides grants to improve career and 
technical education (CTE) programs that are consistent with the 
purposes of the Carl D. Perkins Career and Technical Education Act of 
2006, as amended by the Strengthening Career and Technical Education 
for the 21st Century Act (the Act or Perkins V) and that benefit Native 
Americans and Alaska Natives.
    Background: This notice invites applications for a NACTEP 
competition that implements the reauthorized section 116 of the Act. As 
under the prior law, section 116 of the Act continues to authorize the 
Secretary of Education (Secretary) to award grants to, or enter into 
cooperative agreements or contracts with, Indian Tribes, Tribal 
organizations, and Alaska Native entities to operate CTE projects that 
improve CTE for Native American and Alaska Native students.
    Under section 116 of the Act, a Bureau-funded school (as defined in 
this notice) is not eligible to apply for NACTEP funds for its general 
education program. Its application must be to carry out a supplemental 
CTE program in its secondary school.
    Statutory Changes Affecting NACTEP: For the convenience of 
applicants, we summarize in this notice some of the major statutory 
changes made to the Carl D. Perkins Career and Technical Education Act 
of 2006 by the Strengthening Career and Technical Education for the 
21st Century Act that are relevant to NACTEP. This summary is not meant 
to be comprehensive of all Perkins V changes applicable to NACTEP.
    (a) Purpose. Congress amended the statement of purpose of the law 
in the Act, most significantly by adding, as a new purpose, increasing 
employment opportunities for populations who are chronically unemployed 
or underemployed, including individuals with disabilities, individuals 
from economically disadvantaged families, out-of-workforce individuals, 
youth who are in, or have aged out of, the foster care system, and 
homeless individuals (20 U.S.C. 2301(8)). Other amendments to the 
purpose incorporate references to programs of study and the development 
of employability skills by students; delete the term ``tech-prep 
education''; and change a reference to ``high-demand occupations'' to 
``in-demand occupation,'' a new term defined by the Act (20 U.S.C. 
2302(26)).
    (b) Definitions. Congress amended the definitions of certain terms 
that affect NACTEP. Most significant among these are changes to the 
definition of ``career and technical education'' in section 3(5) of the 
Act (20 U.S.C. 2302(5)). The new definition of CTE now includes that 
CTE programs may provide ``a recognized postsecondary credential,'' as 
defined in section 3 of the Workforce Innovation and Opportunity Act 
(WIOA),\1\ and that CTE may include ``career exploration at the high 
school level or as early as the middle grades (as such term is defined 
in section 8101 of the Elementary and Secondary Education Act of 
1965)''.\2\ The amended definition of CTE also provides that, to the 
extent practicable, CTE should include coordination between secondary 
and postsecondary education programs through programs of study, which 
may include coordination through articulation agreements, early college 
high school programs, dual or concurrent enrollment program 
opportunities, or other credit transfer agreements that provide 
postsecondary credit or advanced standing.
---------------------------------------------------------------------------

    \1\ Section 3(52) of WIOA defines the term ``recognized 
postsecondary credential'' to mean ``a credential consisting of an 
industry-recognized certificate or certification, a certificate of 
completion of an apprenticeship, a license recognized by the State 
involved or Federal Government, or an associate or baccalaureate 
degree.''
    \2\ Section 8101(32) of the Elementary and Secondary Education 
Act of 1965, as amended (ESEA), defines the term ``middle grades'' 
to mean ``any of grades 5 through 8.''
---------------------------------------------------------------------------

    Additionally, the definition of CTE now includes work-based 
learning. For NACTEP grantees, this means that students may be paid 
stipends not only for time they spend in class receiving instruction, 
but also for participating in unpaid work-based learning that is part 
of a CTE program that meets the Act's definition of CTE.
    Congress also made significant changes to the definition of 
``special populations'' (20 U.S.C. 2302 (48)). The Act now includes 
three additional subpopulations within this definition: homeless 
individuals described in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a); youth who are in, or have aged out 
of, the foster care system; and youth with a parent who is a member of 
the armed forces (as defined in 10 U.S.C. 101(a)(4)) and who is on 
active duty (as defined in 10 U.S.C. 101(d)(1)). Also, the term 
``displaced homemakers'' has been removed and replaced by the term 
``out-of-workforce individuals,'' which includes: displaced homemakers, 
as defined in section 3 of WIOA (29 U.S.C. 3102); and unemployed or 
underemployed individuals who are experiencing difficulty in obtaining 
or upgrading employment who are either an individual who has worked 
primarily without remuneration to care for a home and family, and for 
that reason has diminished marketable skills, or is a parent whose 
youngest dependent child will become ineligible to receive assistance 
under the Temporary Assistance for Needy Families (TANF) program not 
later than two years after the date on which the parent applies for 
TANF assistance (20 U.S.C. 2302(36)). Additionally, the term 
``individuals with limited English proficiency'' has been changed to 
``English learners'' and the definition of this latter term has been 
aligned with the definition of this term in ESEA so that it now 
includes any secondary student who is an English learner as defined by 
section 8101 of ESEA (20 U.S.C. 2302 (22)). Finally, the Act now 
includes a definition of ``work-based learning'' (20 U.S.C. 2302(55)).
    (c) Authorized activities. A new allowable use of funds in the Act 
permits NACTEP grant funds to be used to provide preparatory, 
refresher, and remedial education services that are designed to enable 
students to achieve success in CTE programs or programs of study (20 
U.S.C. 2326(c)(2)).
    Tribal Consultation: In accordance with the Department's commitment 
to engage in regular and meaningful consultation and collaboration with 
Indian Tribes, the Office of Career, Technical, and Adult Education 
(OCTAE) and the White House Initiative on American Indian and Alaska 
Native Education conducted a Tribal Consultation regarding NACTEP on 
April 27, 2020. Consistent with the Department's trust responsibility 
to Tribes and its Tribal Consultation Policy, views were sought from 
elected officials of federally recognized Tribes as well as 
stakeholders and educators from the Tribal community to inform the 
Department's policy decisions related to changes in the Act pertaining 
to allowable uses of funds, the definition of CTE, and student 
stipends. The consultation also included discussion of the independent 
evaluation requirement established by the notice of final requirements, 
definitions, and selection criteria for this program (Notice of Final 
Requirements), published in the Federal Register on February 26, 2013 
(78 FR

[[Page 76550]]

12955), the integration of services, and improving CTE student 
outcomes.\3\
---------------------------------------------------------------------------

    \3\ Notes from the Tribal consultation are available on the 
Department's website at https://cte.ed.gov/cal/tribal-consultation-nactep-april-27-2020.
---------------------------------------------------------------------------

    Requirements and Selection Criteria: This notice includes 
application and program requirements and selection criteria that are 
based on statutory requirements or the Notice of Final Requirements, 
but that are established in accordance with section 437(d)(1) of 
General Education Provisions Act (GEPA) in order to make some 
modifications to those requirements and selection criteria.
    Priority: This priority is from the Secretary's notice of final 
supplemental priorities and definitions, published in the Federal 
Register on March 2, 2018 (83 FR 9096) (Supplemental Priorities).
    Competitive Preference Priority: For FY 2021, and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 
five points to an application, depending on how well the application 
meets this competitive preference priority. If an applicant chooses to 
address this competitive preference priority, the project narrative 
section of its application must identify its response to the 
competitive preference priority.
    This priority is:
    Promoting Science, Technology, Engineering, or Math (STEM) 
Education, With a Particular Focus on Computer Science (up to 5 
points). Projects that are designed to improve student achievement or 
other educational outcomes in one or more of the following areas: 
Science, technology, engineering, math, or computer science (as defined 
in this notice). These projects must address increasing access to STEM 
coursework, including computer science, and hands-on learning 
opportunities, such as through expanded course offerings, dual-
enrollment, high-quality online coursework, or other innovative 
delivery mechanisms.
    Requirements: These application and program requirements are 
established in accordance with section 437(d)(1) of GEPA unless a 
specific statutory or regulatory citation for the requirement is 
provided.
    The application requirements are:
    (1) An eligible applicant (as determined by the Act) must include 
documentation in its application showing that it and, if appropriate, 
its consortium members are eligible to apply.
    As defined in the Indian Self-Determination and Education 
Assistance Act (ISDEAA) (25 U.S.C. 5304(l)), the term ``Tribal 
organization'' means the recognized governing body of any Indian Tribe; 
any legally established organization of Indians which is controlled, 
sanctioned, or chartered by such governing body or which is 
democratically elected by the adult members of the Indian community to 
be served by such organization and which includes the maximum 
participation of Indians in all phases of its activities: provided, 
that in any case where a contract is let or grant made to an 
organization to perform services benefiting more than one Indian Tribe, 
the approval of each such Indian Tribe shall be a prerequisite to the 
letting or making of such contract or grant. In accordance with this 
statutory definition, any Tribal organization proposing to provide 
NACTEP services for the benefit of more than one Indian Tribe must 
first obtain the approval of each Indian Tribe it proposes to serve and 
must submit documentation of such approval with its NACTEP application 
and that documentation of Tribal approval is a prerequisite to the 
awarding of a NACTEP grant to any Tribal organization proposing to 
serve more than one Indian Tribe.
    (2) An applicant that is not proposing to provide CTE directly to 
its students and proposes instead to use NACTEP funds to pay one or 
more qualified education providers to provide CTE to its students must 
include with its application a signed memorandum of understanding (MOU) 
between the applicant and that entity. The MOU must describe the 
commitment between the applicant and each education provider and must 
include, at a minimum, a statement of the responsibilities of the 
applicant and the education provider, including a description of the 
CTE programming to be provided. The MOU must be signed by the 
appropriate individuals on behalf of each party, such as the 
authorizing official or president of a Tribe or Tribal organization, a 
Bureau-funded school, a college president, or a college dean.
    (3) An applicant must indicate whether it intends to consolidate FY 
2021 NACTEP funds into a current or future 477 plan as described in 
Program Requirement 5. Any request to consolidate NACTEP funds into a 
477 plan must be made separately to the U.S. Department of Interior.
    The program requirements are:

Requirement 1--Authorized Programs

    (a) Section 116(e) of the Act requires the Secretary to ensure that 
activities funded under NACTEP ``will improve career and technical 
education programs'' (20 U.S.C. 2326(e)), as the term ``career and 
technical education'' is defined by the Act as amended by the 
Strengthening Career and Technical Education for the 21st Century Act 
(20 U.S.C. 2302 (5)). Therefore, under NACTEP, the Assistant Secretary 
will award grants to carry out projects that--
    (1) Propose organized educational activities offering a sequence of 
courses that--
    (A) Provide individuals with rigorous academic content and relevant 
technical knowledge and skills needed to prepare for further education 
and careers in current or emerging professions, which may include high-
skill, high-wage, or in-demand industry sectors or occupations, which 
shall be, at the secondary level, aligned with the challenging State 
academic standards adopted by a State under section 1111(b)(1) of the 
ESEA;
    (B) Provide technical skill proficiency or a recognized 
postsecondary credential, which may include an industry-recognized 
credential, a certificate, or an associate degree; and
    (C) May include prerequisite courses that meet the requirements of 
this subparagraph;
    (2) Include competency-based, work-based, or other applied learning 
that supports the development of academic knowledge, higher-order 
reasoning and problem-solving skills, work attitudes, employability 
skills, technical skills, and occupation-specific skills, and knowledge 
of all aspects of an industry, including entrepreneurship, of an 
individual;
    (3) To the extent practicable, coordinate between secondary and 
postsecondary education programs through programs of study, which may 
include coordination through articulation agreements, early college 
high school programs, dual or concurrent enrollment program 
opportunities, or other credit transfer agreements that provide 
postsecondary credit or advanced standing; and
    (4) May include career exploration at the high school level or as 
early as the middle grades (as such term is defined in section 8101 of 
ESEA).
    (b) Special rule. Notwithstanding section 3(5)(A)(iii) of the Act, 
which excludes remedial courses from the definition of ``career and 
technical education,'' funds made available under NACTEP for CTE may be 
used to provide preparatory, refresher, and remedial education services 
that are designed to enable students to achieve success in CTE programs 
or programs of study.

[[Page 76551]]

    (c) Assistance to Bureau-funded secondary schools. An Indian Tribe, 
a Tribal organization, or an Alaska Native entity that receives funds 
through a NACTEP grant or contract may use the funds to provide 
assistance to a secondary school operated or supported by the U.S. 
Department of the Interior to enable such school to carry out CTE 
programs. (Section 116(b)(3) of the Act)
    Note: A Bureau-funded secondary school is not eligible to directly 
apply for NACTEP funds for its general education secondary school 
program. Its application must be to carry out a supplemental CTE 
program in its secondary school.

Requirement 2--Evaluation

    To help ensure the high quality of NACTEP projects and the 
achievement of the goals and purposes of section 116 of the Act, each 
grantee must budget for and conduct an ongoing evaluation of its NACTEP 
project. An independent evaluator must conduct the evaluation. The 
evaluation must be appropriate for the project and be both formative 
and summative in nature.

Requirement 3--Student Stipends

    In accordance with section 116(c)(3) of the Act, a portion of an 
award under this program may be used to provide stipends (as defined in 
this notice) to one or more students to help meet the students' costs 
of participation in a NACTEP project. A grantee must apply the 
following procedures for determining student eligibility for stipends 
and appropriate amounts to be awarded as stipends:
    (1) To be eligible for a stipend a student must--
    (i) Be enrolled in a CTE project funded under this program;
    (ii) Be in regular attendance in a NACTEP project and meet the 
training institution's attendance requirement;
    (iii) Maintain satisfactory progress in his or her program of study 
according to the training institution's published standards for 
satisfactory progress; and
    (iv) Have an acute economic need that--
    (A) Prevents participation in a CTE in a project funded under this 
program without a stipend; and
    (B) Cannot be met through a work-study program.
    (2) The amount of a stipend is the greater of either the minimum 
hourly wage prescribed by State or local law or the minimum hourly wage 
established under the Fair Labor Standards Act.
    (3) A grantee may only award a stipend if the stipend combined with 
other resources the student receives does not exceed the student's 
financial need. A student's financial need is the difference between 
the student's cost of attendance and the financial aid or other 
resources available to defray the student's cost of participating in a 
NACTEP project.
    (4) To calculate the amount of a student's stipend, a grantee would 
multiply the number of hours a student actually attends CTE instruction 
by the amount of the minimum hourly wage that is prescribed by State or 
local law, or by the minimum hourly wage that is established under the 
Fair Labor Standards Act.
    Example: If a grantee uses the Fair Labor Standards Act minimum 
hourly wage of $7.25 and a student attends classes and/or participates 
in work-based learning (WBL) for 20 hours a week, the student's stipend 
would be $145 for the week during which the student attends classes 
($7.25 x 20 = $145.00).
    Note: In accordance with applicable Department statutory 
requirements and administrative regulations, grantees must maintain 
records that fully support their decisions to award stipends and the 
amounts that are paid, such as proof of a student's enrollment in a CTE 
program or program of study supported with NACTEP funds, stipend 
applications, timesheets showing the number of attendance hours 
confirmed in writing by an instructor, student financial status 
information, and evidence that a student would not be able to 
participate in the CTE program or program of study supported with 
NACTEP funds without a stipend. (Notice of Final Requirements).
    (5) An eligible student may receive a stipend when taking a course 
for the first time. However, generally, a stipend may not be provided 
to a student who has already taken, completed, and had the opportunity 
to benefit from a course and is merely repeating the course.
    (6) An applicant must include in its application the procedure it 
intends to use to determine student eligibility for stipends and 
stipend amounts, and its oversight procedures for the awarding and 
payment of stipends. (Notice of Final Requirements).

Requirement 4--Direct Assistance to Students

    A grantee may provide direct assistance to students if the 
following conditions are met:
    (1) The recipient of the direct assistance is an individual who is 
a member of a special population and who is participating in the 
grantee's NACTEP project.
    (2) The direct assistance is needed to address barriers to the 
individual's successful participation in that project.
    (3) The direct assistance is part of a broader, more generally 
focused program or activity to address the needs of an individual who 
is a member of a special population.
    Note: Direct assistance to individuals who are members of special 
populations is not, by itself, a ``program or activity for special 
populations.''
    (4) The grant funds used for direct assistance must be expended to 
supplement, and not supplant, assistance that is otherwise available 
from non-Federal sources. (20 U.S.C. 2391(a)). For example, generally, 
a postsecondary educational institution could not use NACTEP funds to 
provide child care for single parents if non-Federal funds previously 
were made available for this purpose, or if non-Federal funds are used 
to provide child care services for single parents participating in non-
CTE programs and these services otherwise would have been available to 
CTE students in the absence of NACTEP funds.
    (5) In determining how much of the NACTEP grant funds it will use 
for direct assistance to an eligible student, a grantee must consider 
whether the specific services to be provided are a reasonable and 
necessary cost of providing CTE programs for special populations. 
However, the Assistant Secretary does not envision a circumstance in 
which it would be a reasonable and necessary expenditure of NACTEP 
project funds for a grantee to use a majority of a project's budget to 
pay direct assistance to students, in lieu of providing the students 
served by the project with CTE. (Notice of Final Requirements).

Requirement 5--Integration of Services

    Section 116(f) of the Act provides that a Tribe, Tribal 
organization, or Alaska Native entity receiving financial assistance 
under this program may integrate those funds with assistance received 
from related programs in accordance with the provisions of Public Law 
115-93, the Indian Employment, Training and Related Services 
Consolidation Act of 2017 (25 U.S.C. 3401 et seq.). An entity wishing 
to integrate funds must have a plan that meets the requirements of the 
Indian Employment, Training and Related Services Consolidation Act of 
2017 and is acceptable to the Secretary of the Interior and the 
Secretary of Education.
    Note: Current NACTEP grantees that integrate NACTEP funds with 
other grant funds pursuant to an approved plan under section 477 of the 
Indian

[[Page 76552]]

Employment, Training and Related Services Consolidation Act of 2017 (a 
477 plan) must apply for a new NACTEP grant under this competition by 
submitting an application that meets all of the requirements included 
in this notice.
    Note: Any applicant who either currently has an approved 477 plan, 
or intends to submit a 477 application, that seeks to include FY 2021 
NACTEP funds (if awarded) must indicate the intent to consolidate FY 
2021 NACTEP funds into a current or future 477 plan in the NACTEP 
application as detailed in Application Requirement 3. Any request to 
consolidate NACTEP funds into a 477 plan must be made separately to the 
U.S. Department of Interior.
    Note: In order for the Department to ensure that FY 2021 NACTEP 
funds are efficiently transferred to the Department of Interior for 477 
plan purposes (as per 25 U.S.C. 3412(a)), the Department must receive a 
477 plan application that seeks to include FY 2021 NACTEP funds no 
later than May 15, 2021.
    For further information on the integration of grant funds under 
this and related programs, contact the Division of Workforce 
Development, Office of Indian Services, Bureau of Indian Affairs, U.S. 
Department of the Interior. Email: <a href="/cdn-cgi/l/email-protection#1b59525a442f2c2c4b69747c697a765b79727a357c746d"><span class="__cf_email__" data-cfemail="85c7ccc4dab1b2b2d5f7eae2f7e4e8c5e7ece4abe2eaf3">[email protected]</span></a>.

Requirement 6: ISDEAA Statutory Hiring Preference

    (1) Awards that are primarily for the benefit of Indians are 
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638). That 
section requires that, to the greatest extent feasible, a grantee--
    (i) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (ii) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452(e)), preference in the award of contracts in 
connection with the administration of the grant.
    (2) For purposes of Requirement 6, an Indian is a member of any 
federally recognized Indian Tribe. (25 U.S.C. 5307(b))
    Definitions: These definitions are from the Act, the Supplemental 
Priorities, or the Notice of Final Requirements, or established in 
accordance with section 437(d)(1) of GEPA. The source of each 
definition is noted after the definition.
    Acute economic need means an income that is at or below the 
national poverty level according to the latest available data from the 
U.S. Department of Commerce or the U.S. Department of Health and Human 
Services Poverty Guidelines. (Notice of Final Requirements).
    Alaska Native or Native means a citizen of the United States who is 
a person of one-fourth degree or more Alaska Indian (including 
Tsimshian Indians not enrolled in the Metlaktla Indian Community \4\) 
Eskimo, or Aleut blood, or a combination thereof. The term includes--
---------------------------------------------------------------------------

    \4\ The correct name of this community is Metlakatla Indian 
Community. It is misspelled in the Alaska Native Claims Settlement 
Act, which is the source of this definition.
---------------------------------------------------------------------------

    (a) Any Native, as so defined, either or both of whose adoptive 
parents are not Natives; and
    (b) In the absence of proof of a minimum blood quantum, any citizen 
of the United States who is regarded as an Alaska Native by the Native 
village or Native group of which he or she claims to be a member and 
whose father or mother is (or, if deceased, was) regarded as Native by 
any village or group. Any decision of the Secretary of the Interior 
regarding eligibility for enrollment will be final. (20 U.S.C. 
2326(a)(1); 43 U.S.C. 1602(b)).
    Alaska Native entity means an entity such as an Alaska Native 
village, group, or regional or village corporation. (section 437(d)(1) 
of GEPA).
    Alaska Native group means any Tribe, band, clan, village, 
community, or village association of Natives in Alaska composed of less 
than twenty-five Natives, who comprise a majority of the residents of 
the locality. (43 U.S.C. 1602(d)).
    Alaska Native village means any Tribe, band, clan, group, village, 
community, or association in Alaska listed in sections 1610 and 1615 of 
the Alaska Native Claims Settlement Act, or that meets the requirements 
of chapter 33 of the Alaska Native Claims Settlement Act, and that the 
Secretary of the Interior determines was, on the 1970 census 
enumeration date (as shown by the census or other evidence satisfactory 
to the Secretary of the Interior, who shall make findings of fact in 
each instance), composed of twenty-five or more Natives. (43 U.S.C. 
1602(c)).
    Alaska regional corporation means an Alaska Native regional 
corporation established under the laws of the State of Alaska in 
accordance with the provisions of chapter 33 of the Alaska Native 
Claims Settlement Act. (43 U.S.C. 1602(g)).
    Alaska village corporation means an Alaska Native village 
corporation organized under the laws of the State of Alaska as a 
business for profit or nonprofit corporation to hold, invest, manage 
and/or distribute lands, property, funds, and other rights and assets 
for and on behalf of an Alaska Native village, in accordance with the 
terms of chapter 33 of the Alaska Native Claims Settlement Act. (43 
U.S.C. 1602(j)).
    Bureau means the Bureau of Indian Affairs of the U.S. Department of 
the Interior. (25 U.S.C. 2021(2)).
    Bureau-funded school means--
    (a) A Bureau-operated elementary or secondary day or boarding 
school or Bureau-operated dormitory for students attending a school 
other than a Bureau school. (25 U.S.C. 2021(3) and (4));
    (b) An elementary school, secondary school, or dormitory that 
receives financial assistance for its operation under a contract, 
grant, or agreement with the Bureau under section 102, 103(a), or 208 
of the ISDEAA (25 U.S.C. 5321, 5322(a), or 5355) or under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2504 et seq.). (25 U.S.C. 
2021(3) and (6)); or
    (c) A school for which assistance is provided under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.). (25 U.S.C. 
2021(3)).
    Career and technical education (CTE) means organized educational 
activities that--
    (a) Offer a sequence of courses that--
    (1) Provides individuals with rigorous academic content and 
relevant technical knowledge and skills needed to prepare for further 
education and careers in current or emerging professions, which may 
include high-skill, high-wage, or in-demand industry sectors or 
occupations, which shall be, at the secondary level, aligned with the 
challenging State academic standards adopted by a State under section 
1111(b)(1) of the ESEA;
    (2) Provides technical skill proficiency or a recognized 
postsecondary credential, which may include an industry-recognized 
credential, a certificate, or an associate degree; and
    (3) May include prerequisite courses (other than a remedial course) 
\5\ that meet the requirements of this paragraph (a);
---------------------------------------------------------------------------

    \5\ Section 116(c)(2) of the Act provides that, notwithstanding 
the exclusion of remedial courses from the Act's definition of CTE, 
funds made available under NACTEP ``may be used to provide 
preparatory, refresher, and remedial education services that are 
designed to enable students to achieve success in career and 
technical education programs or programs of study.''
---------------------------------------------------------------------------

    (b) Include competency-based, work-based, or other applied learning 
that supports the development of academic

[[Page 76553]]

knowledge, higher-order reasoning and problem-solving skills, work 
attitudes, employability skills, technical skills, and occupation-
specific skills, and knowledge of all aspects of an industry, including 
entrepreneurship, of an individual;
    (c) To the extent practicable, coordinate between secondary and 
postsecondary education programs through programs of study, which may 
include coordination through articulation agreements, early college 
high school programs, dual or concurrent enrollment program 
opportunities, or other credit transfer agreements that provide 
postsecondary credit or advanced standing; and
    (d) May include career exploration at the high school level or as 
early as the middle grades (as such term is defined in section 8101 of 
the ESEA). (20 U.S.C. 2302(5)).
    Computer science means the study of computers and algorithmic 
processes and includes the study of computing principles and theories, 
computational thinking, computer hardware, software design, coding, 
analytics, and computer applications.
    Computer science often includes computer programming or coding as a 
tool to create software, including applications, games, websites, and 
tools to manage or manipulate data; or development and management of 
computer hardware and the other electronics related to sharing, 
securing, and using digital information.
    In addition to coding, the expanding field of computer science 
emphasizes computational thinking and interdisciplinary problem-solving 
to equip students with the skills and abilities necessary to apply 
computation in our digital world.
    Computer science does not include using a computer for everyday 
activities, such as browsing the internet; use of tools like word 
processing, spreadsheets, or presentation software; or using computers 
in the study and exploration of unrelated subjects. (Supplemental 
Priorities).
    CTE concentrator means--
    (a) At the secondary school level, a student served by an eligible 
recipient who has completed at least 2 courses in a single career and 
technical education program or program of study; and
    (b) At the postsecondary level, a student enrolled in an eligible 
recipient who has--
    (1) Earned at least 12 credits within a career and technical 
education program or program of study; or
    (2) Completed such a program if the program encompasses fewer than 
12 credits or the equivalent in total. (20 U.S.C. 2302(12))
    Direct assistance to students means tuition, dependent care, 
transportation, books, and supplies that are necessary for a student to 
participate in a CTE program or program of study supported with NACTEP 
funds. (Notice of Final Requirements).
    In-demand industry sector or occupation means--
    (a) An industry sector that has a substantial current or potential 
impact (including through jobs that lead to economic self-sufficiency 
and opportunities for advancement) on the State, regional, or local 
economy, as appropriate, and that contributes to the growth or 
stability of other supporting businesses, or the growth of other 
industry sectors; or
    (b) An occupation that currently has or is projected to have a 
number of positions (including positions that lead to economic self-
sufficiency and opportunities for advancement) in an industry sector so 
as to have a significant impact on the State, regional, or local 
economy, as appropriate. (29 U.S.C. 3102).
    Indian means a person who is a member of an Indian Tribe. (25 
U.S.C. 5304(d)).
    Indian Tribe means any Indian Tribe, band, nation, or other 
organized group or community, including any Alaska Native village or 
regional or village corporation as defined in or established pursuant 
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
which is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians. (25 U.S.C. 5304(e)).
    Institution of higher education means--
    (a) An educational institution in any State that--
    (1) Admits as regular students only persons having a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such a certificate or persons who meet the 
requirements of section 1091(d) of this title;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) Provides an educational program for which the institution 
awards a bachelor's degree or provides not less than a 2-year program 
that is acceptable for full credit toward such a degree, or awards a 
degree that is acceptable for admission to a graduate or professional 
degree program, subject to review and approval by the Secretary;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or 
association or, if not so accredited, is an institution that has been 
granted pre-accreditation status by such an agency or association that 
has been recognized by the Secretary of Education for the granting of 
pre-accreditation status, and the Secretary has determined that there 
is satisfactory assurance that the institution will meet the 
accreditation standards of such an agency or association within a 
reasonable time.
    (b) The term also includes--
    (1) Any school that provides not less than a 1-year program of 
training to prepare students for gainful employment in a recognized 
occupation and that meets the provisions of paragraphs (1), (2), (4), 
and (5) of paragraph (a); and
    (2) A public or nonprofit private educational institution in any 
State that, in lieu of the requirement in paragraph (a)(1) of this 
definition, admits as regular students individuals who are beyond the 
age of compulsory school attendance in the State in which the 
institution is located or, (B) who will be dually or concurrently 
enrolled in the institution and a secondary school. (20 U.S.C. 1001(a) 
and (b)).
    Professional development means activities that--(a) are an integral 
part of eligible agency, eligible recipient, institution, or school 
strategies for providing educators (including teachers, principals, 
other school leaders, administrators, specialized instructional support 
personnel, career guidance and academic counselors, and 
paraprofessionals) with the knowledge and skills necessary to enable 
students to succeed in career and technical education, to meet 
challenging State academic standards under section 1111(b)(1) of ESEA, 
or to achieve academic skills at the postsecondary level; and
    (b) Are sustained (not stand-alone, 1-day, or short-term 
workshops), intensive, collaborative, job-embedded, data-driven, and 
classroom-focused, to the extent practicable evidence-based, and may 
include activities that---
    (1) Improve and increase educators'--
    (A) Knowledge of the academic and technical subjects;
    (B) Understanding of how students learn; and
    (C) Ability to analyze student work and achievement from multiple 
sources, including how to adjust instructional strategies, assessments, 
and materials based on such analysis;
    (2) Are an integral part of eligible recipients' improvement plans;

[[Page 76554]]

    (3) Allow personalized plans for each educator to address the 
educator's specific needs identified in observation or other feedback;
    (4) Support the recruitment, hiring, and training of effective 
educators, including educators who became certified through State and 
local alternative routes to certification;
    (5) Advance educator understanding of--
    (A) Effective instructional strategies that are evidence-based; and
    (B) Strategies for improving student academic and technical 
achievement or substantially increasing the knowledge and teaching 
skills of educators;
    (6) Are developed with extensive participation of educators, 
parents, students, and representatives of Indian Tribes (as 
applicable), of schools and institutions served under the Act;
    (7) Are designed to give educators of students who are English 
learners in career and technical education programs or programs of 
study the knowledge and skills to provide instruction and appropriate 
language and academic support services to those students, including the 
appropriate use of curricula and assessments;
    (8) As a whole, are regularly evaluated for their impact on 
increased educator effectiveness and improved student academic and 
technical achievement, with the findings of the evaluations used to 
improve the quality of professional development;
    (9) Are designed to give educators of individuals with disabilities 
in career and technical education programs or programs of study the 
knowledge and skills to provide instruction and academic support 
services to those individuals, including positive behavioral 
interventions and supports, multi-tier system of supports, and use of 
accommodations;
    (10) Include instruction in the use of data and assessments to 
inform and instruct classroom practice;
    (11) Include instruction in ways that educators may work more 
effectively with parents and families;
    (12) Provide follow-up training to educators who have
    participated in activities described in this definition that are 
designed to ensure that the knowledge and skills learned by the 
educators are implemented in the classroom;
    (13) Promote the integration of academic knowledge and skills and 
relevant technical knowledge and skills, including programming jointly 
delivered to academic and career and technical education teachers; or
    (14) Increase the ability of educators providing career and 
technical education instruction to stay current with industry 
standards. (20 U.S.C. 2302(40)).
    Program of study means a coordinated, nonduplicative sequence of 
academic and technical content at the secondary and postsecondary level 
that--
    (A) Incorporates challenging State academic standards, including 
those adopted by a State under section 1111(b)(1) of ESEA;
    (B) Addresses both academic and technical knowledge and skills, 
including employability skills;
    (C) Is aligned with the needs of industries in the economy of the 
State, region, Tribal community, or local area;
    (D) Progresses in specificity (beginning with all aspects of an 
industry or career cluster and leading to more occupation-specific 
instruction);
    (E) Has multiple entry and exit points that incorporate 
credentialing; and
    (F) Culminates in the attainment of a recognized postsecondary 
credential. (20 U.S.C. 2302 (41)).
    Recognized postsecondary credential means a credential consisting 
of an industry-recognized certificate or certification, a certificate 
of completion of an apprenticeship, a license recognized by the State 
involved or Federal Government, or an associate or baccalaureate 
degree. (29 U.S.C. 3102(52)).
    Secondary school means a nonprofit institutional day or residential 
school, including a public secondary charter school, that provides 
secondary education, as determined under State law, except that the 
term does not include any education beyond grade 12. (20 
U.S.C.7801(45)).
    Special populations means--
    (a) Individuals with disabilities;
    (b) Individuals from economically disadvantaged families, including 
low-income youth and adults;
    (c) Individuals preparing for non-traditional fields; (d) Single 
parents, including single pregnant women;
    (e) Out-of-workforce individuals;
    (f) English learners;
    (g) Homeless individuals described in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a);
    (h) Youth who are in, or have aged out of, the foster care system; 
and
    (i) Youth with a parent who--
    (i) Is a member of the armed forces (as such term is defined in 
section 101(a)(4) of title 10, United States Code); and
    (ii) Is on active duty (as such term is defined in section 
101(d)(1) of such title). (20 U.S.C. 2302(48)).
    Stipend means a subsistence allowance for a student that is 
necessary for the student to participate in a CTE program or program of 
study supported with NACTEP funds. (Notice of Final Requirements).
    Support services means services related to curriculum modification, 
equipment modification, classroom modification, supportive personnel 
(including paraprofessionals and specialized instructional support 
personnel), and instructional aids and devices. (20 U.S.C. 2302(50)).
    Tribal organization means the recognized governing body of any 
Indian Tribe; any legally established organization of Indians that is 
controlled, sanctioned, or chartered by such governing body or that is 
democratically elected by the adult members of the Indian community to 
be served by such organization and that includes the maximum 
participation of Indians in all phases of its activities: Provided, 
that, in any case where a contract is let or grant made to an 
organization to perform services benefiting more than one Indian Tribe, 
the approval of each such Indian Tribe shall be a prerequisite to the 
letting or making of such contract or grant. (25 U.S.C. 5304(l)).
    Tribally controlled college or university means an institution of 
higher education that is formally controlled, or has been formally 
sanctioned, or chartered, by the governing body of an Indian tribe or 
tribes, except that no more than one such institution shall be 
recognized with respect to any such tribe. (25 U.S.C. 1801(a)(4)).
    Work-based learning means sustained interactions with industry or 
community professionals in real workplace settings, to the extent 
practicable, or simulated environments at an educational institution 
that foster in-depth, firsthand engagement with the tasks required of a 
given career field, that are aligned to curriculum and instruction. (20 
U.S.C. 2302 (55)).
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities, requirements, and 
definitions. Section 437(d)(1) of GEPA, however, allows the Secretary 
to exempt from rulemaking requirements regulations governing the first 
grant competition under a new or substantially revised program 
authority. This is the first grant competition for this substantially 
revised program under section 116 of the Carl D. Perkins Career and 
Technical Education Act of 2006, as amended by the Strengthening Career 
and Technical Education for the 21st Century Act, 20 U.S.C. 2326, and 
therefore qualifies for this exemption. In

[[Page 76555]]

order to ensure timely grant awards, the Secretary has decided to forgo 
public comment on certain requirements, definitions, and selection 
criteria under section 437(d)(1) of GEPA. These requirements, 
definitions, and selection criteria will apply to the FY 2021 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applications from this competition.

    Program Authority:  20 U.S.C. 2301, et seq., particularly 
2326(a)-(g).

    Note: Projects must be awarded and operated in a manner consistent 
with the nondiscrimination requirements contained in the U.S. 
Constitution and the Federal civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82, 
84, 86, 97, 98, and 99. (b) The Office of Management and Budget (OMB) 
Guidelines to Agencies on Governmentwide Debarment and Suspension 
(Nonprocurement) in 2 CFR part 180, as adopted and amended as 
regulations of the Department in 2 CFR part 3485. (c) The Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards in 2 CFR part 200, as adopted and amended as 
regulations of the Department in 2 CFR part 3474. (d) Notice of Final 
Requirements. (e) Supplemental Priorities.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR 86 apply to institutions of higher 
education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $15,932,000 for the first 12 months of 
the project period. Funding for years two, three, four and five is 
subject to the availability of funds and to a grantee meeting the 
requirements of 34 CFR 75.253.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards later in FY 2021 or in 
subsequent years from the list of unfunded applications from this 
competition.
    Estimated Range of Awards: $451,000 to $551,000.
    Estimated Average Size of Awards: $458,000.
    Estimated Number of Awards: 35.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: (a) The following entities are eligible to 
apply under this competition:
    (1) A federally recognized Indian Tribe.
    (2) A Tribal organization.
    (3) An Alaska Native entity.
    (4) A Bureau-funded school, except for a Bureau-funded school 
proposing to use its award to support general education secondary 
school programs.
    (b) Any Tribe, Tribal organization, Alaska Native entity, or 
eligible Bureau-funded school may apply individually or as part of a 
consortium with one or more eligible Tribes, Tribal organizations, 
Alaska Native entities, or eligible Bureau-funded schools. (Eligible 
applicants seeking to apply for funds as a consortium must meet the 
requirements in 34 CFR 75.127-75.129, which apply to group 
applications.)
    Note: If you are a nonprofit organization, under 34 CFR 75.51, you 
may demonstrate your nonprofit status by providing: (1) Proof that the 
Internal Revenue Service currently recognizes the applicant as an 
organization to which contributions are tax deductible under section 
501(c)(3) of the Internal Revenue Code; (2) a statement from a State 
taxing body or the State attorney general certifying that the 
organization is a nonprofit organization operating within the State and 
that no part of its net earnings may lawfully benefit any private 
shareholder or individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; or (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. In accordance with section 211(a) of 
the Act (20 U.S.C. 2391(a)), funds under this program may not be used 
to supplant non-Federal funds used to carry out CTE activities.
    We caution applicants not to plan to use funds under NACTEP to 
replace otherwise available non-Federal funding for direct assistance 
to students and family assistance programs. For example, NACTEP funds 
must not be used to supplant Tribal and other non-Federal funds with 
Federal funds in order to pay the costs of students' tuition, dependent 
care, transportation, books, supplies, and other costs associated with 
participation in a CTE program.
    Funds under NACTEP should not be used to replace Federal student 
financial aid. The Act does not authorize the Secretary to fund 
projects that serve primarily as entities through which students may 
apply for and receive tuition and other financial assistance.
    c. Indirect Cost Rate Information: This program uses a restricted 
indirect cost rate. For more information regarding indirect costs, or 
to obtain a negotiated indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    e. Limitation on Services: Section 215 of the Act (20 U.S.C. 2395) 
forbids the use of Perkins funds for the education of students prior to 
the middle grades. The term middle grades refers to grades 5 through 8, 
as defined in section 8101 of ESEA.
    3. Subgrantees: Under 34 CFR 75.708 (b) and (c) a grantee under 
this competition may award subgrants--to directly carry out project 
activities described in its application--to the following types of 
entities: Institutions of higher education, nonprofit organizations, 
Tribal organizations, Bureau-funded schools operating a secondary 
school CTE program, or Alaska Native entities. The grantee may award 
subgrants to entities it has identified in an approved application or 
that it selects through a competition under procedures established by 
the grantee.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for

[[Page 76556]]

the NACTEP program, your application may include business information 
that you consider proprietary. In 34 CFR 5.11 we define ``business 
information'' and describe the process we use in determining whether 
any of that information is proprietary and, thus, protected from 
disclosure under Exemption 4 of the Freedom of Information Act (5 
U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public on the Department's website, you may wish to request 
confidentiality of business information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to 35 pages and (2) use 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 application narrative, including titles, headings, 
footnotes, quotations, references, and captions as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger, and no 
smaller than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name and a contact person's name 
and email address. Applicants that do not submit a notice of intent to 
apply are not bound to apply or bound by the information provided.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from the Notice of Final Requirements, the Act, 34 CFR 75.210, or are 
being established for the FY 2021 grant competition and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition in accordance with section 437(d)(1) of GEPA, 20 
U.S.C. 1232(d)(1). The source of each criterion is noted after each 
criterion.
    The maximum score for each criterion is indicated in parentheses.
    (a) Need for project (Up to 10 points). In determining the need for 
the proposed project, we consider the following factors:
    (1) The extent to which the proposed project involves, coordinates 
with, or encourages Tribal economic development plans. (Section 
116(e)(1) of the Act). (Up to 5 points).
    (2) The extent of the need for the activities to be carried out by 
the proposed project, as evidenced by local labor market demand or 
occupational trends data, Tribal economic development plans, or 
recommendations from accrediting agencies. (Section 437(d)(1) of GEPA). 
(Up to 5 points).
    (b) Quality of the project design (Up to 40 points). In determining 
the quality of the design of the proposed project, we consider the 
following factors:
    (1) The extent to which the proposed project activities will create 
opportunities for students to receive a recognized postsecondary 
credential; become employed in high-skill, high-wage, and in-demand 
industry sectors or occupations; or both. (Section 437(d)(1) of GEPA). 
(Up to 20 points).
    (2) The extent to which the proposed project will successfully 
address the needs of the target population or other identified needs, 
as evidenced by the applicant's description of programs and activities 
that align with the target population's needs. (Section 437(d)(1) of 
GEPA). (Up to 10 points).
    (3) The extent to which the proposed project will be coordinated 
with similar or related efforts, and with community, State, or Federal 
resources, where such opportunities and resources exist. (Section 
437(d)(1) of GEPA). (Up to 5 points).
    (4) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services. (34 CFR 75.210). (Up to 5 
points).
    (c) Adequacy of resources (Up to 15 points). In determining the 
adequacy of resources for the proposed project, we consider the 
following factors:
    (1) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization(s) and 
the Tribal entity or entities to be served. (Notice of Final 
Requirements). (Up to 2 points).
    (2) The extent to which the budget is adequate and costs are 
reasonable in relation to the objectives of the proposed project. 
(Notice of Final Requirements). (Up to 5 points).
    (3) The relevance and demonstrated commitment of the applicant, 
education providers, members of the consortium, local employers, or 
Tribal entities to be served by the project (e.g., through signed MOUs, 
letters of support and commitment, or commitments to employ project 
participants, as appropriate). (Section 437(d)(1) of GEPA). (Up to 3 
points).
    (4) The extent to which the project will use instructors who are 
licensed or certified to teach in the field in which they will provide 
instruction. (Section 437(d)(1) of GEPA). (Up to 5 points).
    (d) Quality of the management plan (Up to 25 points). In 
determining the quality of the management plan for the proposed 
project, we consider the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined project objectives, staff responsibilities, timelines, and the 
milestones. (Section 437(d)(1) of GEPA). (Up to 10 points).
    (2) The extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or

[[Page 76557]]

disability. (Notice of Final Requirements). (Up to 5 points).
    (3) The extent to which the time commitments of the project 
director and other key project personnel are appropriate and adequate 
to meet the objectives of the proposed project. (Notice of Final 
Requirements). (Up to 5 points).
    (4) The qualifications, including relevant training, expertise, and 
experience, of the project director, key personnel, and project 
consultants. (Notice of Final Requirements). (Up to 5 points).
    (e) Quality of the project evaluation (Up to 10 points). In 
determining the quality of the evaluation, we consider the following 
factors:
    (1) The extent to which the proposed methods of evaluation are 
thorough, feasible, and include the use of objective performance 
measures that are clearly related to the intended outcomes of the 
project and the Government Performance and Results Act of 1993 (GPRA) 
performance measures. (Section 437(d)(1) of GEPA). (Up to 5 points).
    (2) The extent to which the methods of evaluation will provide 
performance feedback and continuous improvement toward achieving 
intended outcomes. (Notice of Final Requirements). (Up to 5 points).
    2. Additional Selection Factor: In accordance with the requirement 
in section 116(e) of the Act, we have included the following additional 
selection factor from the Notice of Final Requirements:
    We will award five points to applications from Tribally controlled 
colleges or universities that--
    (a) Are accredited or are candidates for accreditation by a 
nationally recognized accreditation organization as an institution of 
postsecondary CTE; or
    (b) Operate CTE programs that are accredited or are candidates for 
accreditation by a nationally recognized accreditation organization and 
issue certificates for completion of CTE programs (20 U.S.C. 2326(e)).
    3. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).
    4. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition, the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose special conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    5. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management (SAM). 
You may review and comment on any information about yourself that a 
Federal agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Appeal process: Any applicant denied funding under this NACTEP 
competition may request a hearing to review the Secretary's decision 
not to make the award. The Secretary will implement the appeal process 
in accordance with the procedures in 34 CFR 401.1. In accordance with 
those procedures, any applicant denied funding will have 30 calendar 
days to make a written request to the Secretary for a hearing to review 
the Secretary's decision. (25 U.S.C. 5321(b); 34 CFR 401.1).
    2. Indian Self-Determination Contracts: Section 116(b)(2) of the 
Act provides that grants or contracts awarded under section 116 of the 
Act are subject to the terms and conditions of section 102 of the 
ISDEAA (25 U.S.C. 5321) and must be conducted in accordance with the 
provisions of sections 4, 5, and 6 of the Act of April 16, 1934 (25 
U.S.C. 5345-5347) (Johnson-O'Malley Act), that are relevant to the 
programs administered under section 116(b) of the Act. The Act of April 
16, 1934 authorizes the Secretary of the Interior to enter into 
contracts for the education of Indians and other purposes. Section 102 
of the ISDEAA authorizes Indian Tribes to request self-determination 
contracts from the Department of Interior. Accordingly, an Indian Tribe 
or Tribal organization that has applied to the Secretary for funding 
under NACTEP and has been notified of its selection to be a funding 
recipient may submit a request to both the Secretary of Education (via 
the contact person listed under FOR FURTHER INFORMATION CONTACT) and 
the relevant Department of Interior contact person to operate its 
NACTEP project through a section 102 Indian self-determination 
contract.
    After successful applicants are selected under this NACTEP 
competition, the Secretary will review any requests to operate a 
project under an Indian self-determination contract pursuant to the 
ISDEAA. If a request for an Indian self-determination contract is 
approved, the Indian Tribe or Tribal organization submitting the 
request will be required, to the extent possible, to operate its 
project in accordance with the ISDEAA, relevant provisions in sections 
4, 5, and 6 of the Act of April 16, 1934 (25 U.S.C. 5345-5347), the 
Act, and the non-statutory program requirements specified in this 
notice.
    The CTE programs provided through an Indian self-determination 
contract would have to be substantively the same as were proposed in 
the initial NACTEP application and approved by the Department. Any 
Indian Tribe or Tribal organization that is selected to receive funding 
under this competition, but whose request to operate the project under 
an Indian self-determination contract is denied, may appeal the denial 
to the Secretary. If you have questions about ISDEAA self-determination 
contracts, please contact

[[Page 76558]]

the person listed under FOR FURTHER INFORMATION CONTACT. (Section 
437(d)(1) of GEPA).
    3. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    4. 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.
    5. Open Licensing Requirement: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
The dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    6. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    7. Performance Measures: The Department has established the 
following performance measures for purposes of GPRA and for Department 
reporting under 34 CFR 75.110, which it will use to evaluate the 
overall performance of the grantee's project, as well as NACTEP as a 
whole:
    (a) At the secondary level: An increase in--
    (1) The percentage of CTE concentrators who graduate high school, 
as measured by--
    (A) The four-year adjusted cohort graduation rate (defined in 
section 8101 of ESEA); and
    (B) At the grantee's discretion, the extended-year adjusted cohort 
graduation rate (defined in section 8101 of ESEA);
    (2) The percentage of CTE concentrators graduating from high school 
having attained postsecondary credits in the relevant CTE program 
earned through a dual or concurrent enrollment program or another 
credit transfer agreement;
    (3) The percentage of CTE concentrators graduating from high school 
having participated in work-based learning;
    (4) The percentage of CTE concentrators graduating from high school 
having attained a recognized postsecondary credential; and
    (5) The percentage of CTE concentrators who, after exiting from 
secondary education, are in postsecondary education or advanced 
training, military service, or a service program, or are employed.
    (b) At the postsecondary level: An increase in--
    (1) The percentage of CTE concentrators who remain enrolled in 
postsecondary education, are in advanced training, military service, or 
a service program, or are employed; and
    (2) The percentage of CTE concentrators who receive a recognized 
postsecondary credential.
    Project-Specific Performance Measures: In addition to these 
measures, applicants may propose project-specific performance measures 
and performance targets consistent with the objectives of the proposed 
project. Examples of such project-specific performance measures could 
include student recruitment, student participation in work-based 
learning at the postsecondary level, and teacher and faculty 
participation in professional development.
    Note: All grantees will be expected to submit a semi-annual and an 
annual performance report addressing these performance measures, to the 
extent that these performance measures apply to each grantee's NACTEP 
project.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format (e.g., Braille, large print, audiotape, or compact 
disc), to the extent reasonably practicable.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit

[[Page 76559]]

your search to documents published by the Department.

Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2020-26112 Filed 11-27-20; 8:45 am]
BILLING CODE 4000-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>