[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4012-4017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00705]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Assistance for Arts Education 
Program

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

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for new awards for fiscal year (FY) 2021 for the 
Assistance for Arts Education (AAE) Program, Assistance Listing Number 
84.351A. This notice relates to the approved information collection 
under OMB control number 1894-0006.

DATES: Applications Available: January 15, 2021.
    Deadline for Notice of Intent to Apply: February 16, 2021.
    Deadline for Transmittal of Applications: March 16, 2021.
    Deadline for Intergovernmental Review: May 17, 2021.

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: Bonnie Carter, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E308, Washington, DC 20202-
6450. Telephone: (202) 401-3576. Email: <a href="/cdn-cgi/l/email-protection#7f3d101111161a513c1e0d0b1a0d3f1a1b51181009"><span class="__cf_email__" data-cfemail="a0e2cfcecec9c58ee3c1d2d4c5d2e0c5c48ec7cfd6">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
    Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar for prospective applicants. For 
information about the pre-application webinar, visit the Assistance for 
Arts Education (AAE) programs' websites at: https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/well-rounded-education-programs/arts-in-education-national-program/; https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/well-rounded-education-programs/arts-in-education-model-development-and-dissemination-grants-program/; and https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/well-rounded-education-programs/arts-in-education-professional-development-for-arts-educators/.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The AAE program promotes arts education for 
students, including disadvantaged students and students who are 
children with disabilities, through activities such as (a) professional 
development for arts educators, teachers, and principals; (b) 
development and dissemination of accessible instructional materials and 
arts-based educational programming, including online resources, in 
multiple arts disciplines; and (c) community and national outreach 
activities that strengthen and expand partnerships among schools, local 
educational agencies (LEAs), communities, or centers for the arts, 
including national centers for the arts.
    Background: The Elementary and Secondary Education Act of 1965, as 
amended (ESEA), authorizes activities under the Assistance for Arts 
Education (AAE) program that enrich the academic experience of students 
by promoting art education. Under the Arts in Education (AIE) program, 
now AAE, the Department implemented three different grant competitions 
in alignment with the statutory requirements: Arts in Education 
Development and Dissemination (AAEDD), Professional Development for 
Arts Educators (PDAE), and the Arts in Education National Program 
(AENP). The AAEDD program was designed to focus on the development and 
dissemination of arts-based educational programming, including online 
resources, in all arts disciplines, such as music, dance, theater, and 
visual arts, including folk arts. The PDAE program provided 
professional development opportunities for thousands of teachers, with 
an emphasis on both providing sustained and intensive professional 
development and building capacity for continuation and expansion of 
professional development efforts beyond the Federal grant period. Most 
recently, the Arts in Education National Program (AENP) emphasized 
projects that supported community and national outreach activities that 
strengthened and expanded partnerships among schools, LEAs, 
communities, or centers for the arts, including national centers for 
the arts.
    After reviewing the implementation of the three programs offered 
under AAE, the Department found a large overlap in the applicant and 
grantee pool, and in the services provided across the various programs. 
At the same time, given how the three programs differ, applicants have 
been required to design narrower projects to fit each program's 
specific requirements and to submit separate applications to each of 
the three grant competitions. In an effort to recognize and encourage 
different, creative, and innovative approaches that districts, schools, 
national arts organizations, and other entities use to increase student

[[Page 4013]]

access to the arts and integrate arts into the learning process, the 
Department is now offering the AAE program as one, single competition.
    Under one competition, applicants can focus on a more holistic 
approach to learning that is based on the development and dissemination 
of arts-based educational programmingand the delivery of sustained and 
intensive professional development for arts educators, teachers, and 
principals, while creating new partnerships and strengthening existing 
partnerships between LEAs and arts organizations. We believe that this 
change from three competitions to one AAE competition will provide 
greater flexibility for applicants to design comprehensive arts-focused 
projects that are based on data and student and community needs.
    Priorities: This notice contains two competitive preference 
priorities and one invitational priority. Competitive Preference 
Priority 1 is from the Administrative Priorities for Discretionary 
Grant Programs published in the Federal Register on March 3, 2020 (85 
FR 13640) (Administrative Priorities) and Competitive Preference 
Priority 2 is from section 4642 of the ESEA (20 U.S.C. 7292).
    Competitive Preference Priorities: For FY 2021 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award an additional five 
points to an application that meets Competitive Preference Priority 1 
and an additional five points to an application that meets Competitive 
Preference Priority 2, for a possible maximum 10 points.
    These priorities are:

Competitive Preference Priority 1--Applications From New Potential 
Grantees (0 or 5 points)

    Under this priority, an applicant must demonstrate the following:
    (a) The applicant has not had an active discretionary grant under 
the program from which it seeks funds, including through membership in 
a group application submitted in accordance with 34 CFR 75.127 through 
75.129, in the five years before the deadline date for submission of 
applications under the program.
    (b) For the purpose of this priority, a grant or contract is active 
until the end of the grant's or contract's project or funding period, 
including any extensions of those periods that extend the grantee's or 
contractor's authority to obligate funds.
    Note: For purposes of this priority, ``the program'' includes the 
AENP, AAEDD, and PDAE programs because they are all authorized under 
AAE.
    For new potential grantees unfamiliar with grantmaking at the 
Department, please consult our funding basics resource at https://www2.ed.gov/documents/funding-101/funding-101-basics.pdf or a more 
detailed resource at https://www2.ed.gov/documents/funding-101/funding-101.pdf.

Competitive Preference Priority 2--Applicants That Are National 
Nonprofit Organizations (0 or 5 points)

    Under this priority, the Secretary gives priority to eligible 
entities that are eligible national nonprofit organizations. The term 
``eligible national nonprofit organization'' means an organization of 
national scope that--
    (a) Is supported by staff, which may include volunteers, or 
affiliates at the State and local levels; and
    (b) Demonstrates effectiveness or high-quality plans for addressing 
arts education activities for disadvantaged students or students who 
are children with disabilities.
    Invitational 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 an invitational priority. Under 34 CFR 
75.105(c)(1) we do not give an application that meets this invitational 
priority a competitive or absolute preference over other applications.
    This priority is:

Art Therapy

    Under this priority, an applicant must describe how it will include 
art therapy in their project to improve cognitive and sensory-motor 
functions, foster self-esteem and self-awareness, cultivate emotional 
resilience, promote insight, enhance social skills, or reduce and 
resolve conflicts and distress.
    Requirements: For FY 2021 and any subsequent year in which we make 
awards from the list of unfunded applications from this competition, 
the following application and program requirements from section 4642 of 
the ESEA (20 U.S.C. 7292) apply.
    Application Requirement. Applicants that are LEAs must provide, in 
the application, data from the most recent U.S. Census as evidence that 
the LEAs meet the statutory requirement that 20 percent or more of the 
students served by the LEA (or for each LEA within a consortium of 
LEAs) are from families with an income below the Federal poverty line.
    Note: Other applicants that are eligible under the definition of an 
LEA, such as County Offices of Education, Education Service Districts, 
and Regional Service Education Agencies, must provide the most recent 
U.S. Census data for each of the individual LEAs served. For charter 
schools for which U.S. Census data is not available, eligibility will 
be based on a determination by the State educational agency (SEA), 
consistent with the manner in which the SEA determines the charter 
school LEA's eligibility for the Title I allocations, that 20 percent 
of the students aged 5-17 in the LEA are from families with incomes 
below the poverty line. Applicants must submit documentation from the 
State certifying official verifying that the SEA has determined this 
eligibility requirement is met for each LEA not listed in the Small 
Area Income Poverty Estimates (SAIPE) data.
    Program Requirements. Projects funded under this program must 
include--
    (1) Professional development for arts educators, teachers, and 
principals;
    (2) Development and dissemination of accessible instructional 
materials and arts-based educational programming, including online 
resources, in multiple arts disciplines; and
    (3) Community and national outreach activities that strengthen and 
expand partnerships among schools, LEAs, communities, or centers for 
the arts, including national centers for the arts.
    Definitions: The definitions of ``demonstrates a rationale,'' 
``logic model,'' ``project component,'' and ``relevant outcome,'' are 
from 34 CFR 77.1. The definitions of ``child with a disability,'' 
``local educational agency,'' and ``State educational agency'' are from 
section 8101 of the ESEA (20 U.S.C. 7801). The definition for 
``national nonprofit'' is from section 4642 of the ESEA (20 U.S.C. 
7292).
    Child with a disability means a child (i) with intellectual 
disabilities, hearing impairments (including deafness), speech or 
language impairments, visual impairments (including blindness), serious 
emotional disturbance (hereinafter referred to as ``emotional 
disturbance''), orthopedic impairments, autism, traumatic brain injury, 
other health impairments, or specific learning disabilities; and (ii) 
who, by reason thereof, needs special education and related services.
    Demonstrates a rationale means a key project component included in 
the project's logic model that is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.

[[Page 4014]]

    Local educational agency means: (A) In general--The term ''local 
educational agency'' means a public board of education or other public 
authority legally constituted within a State for either administrative 
control or direction of, or to perform a service function for, public 
elementary schools or secondary schools in a city, county, township, 
school district, or other political subdivision of a State, or of or 
for a combination of school districts or counties that is recognized in 
a State as an administrative agency for its public elementary schools 
or secondary schools.
    (B) Administrative Control and Direction--The term includes any 
other public institution or agency having administrative control and 
direction of a public elementary school or secondary school.
    (C) Bureau of Indian Education Schools--The term includes an 
elementary school or secondary school funded by the Bureau of Indian 
Education but only to the extent that including the school makes the 
school eligible for programs for which specific eligibility is not 
provided to the school in another provision of law and the school does 
not have a student population that is smaller than the student 
population of the local educational agency receiving assistance under 
this Act with the smallest student population, except that the school 
shall not be subject to the jurisdiction of any State educational 
agency other than the Bureau of Indian Education.
    (D) Educational Service Agencies--The term includes educational 
service agencies and consortia of those agencies.
    (E) State Educational Agency--The term includes the State 
educational agency in a State in which the State educational agency is 
the sole educational agency for all public schools.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    National nonprofit means an organization of national scope that--
    (A) Is supported by staff, which may include volunteers, or 
affiliates at the State and local levels; and
    (B) Demonstrates effectiveness or high-quality plans for addressing 
arts education activities for disadvantaged students or students who 
are children with disabilities.
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools.

    Program Authority:  20 U.S.C. 7292.

    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 in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The regulations for this program in 34 CFR part 299. (e) 
Administrative Priorities.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education (IHEs) only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $16,500,000.
    Estimated Range of Awards: $375,000-$2,000,000.
    Estimated Average Size of Awards: $675,000.
    Estimated Number of Awards: 20-25.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: To be considered for an award under this 
competition, an applicant must--
    (a) Be one of the following:
    (1) An LEA in which 20 percent or more of the students served by 
the local educational agency are from families with an income below the 
poverty line; \1\
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    \1\ An LEA must show that at least 20 percent of children ages 
five to 17 that reside within the LEA's boundaries are from low-
income families based on the most recent LEA poverty estimates 
provided by the U.S. Census Bureau. The Census LEA poverty estimates 
are available at: www.census.gov/programs-surveys/saipe.html.
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    (2) A consortium of such LEAs;
    (3) An SEA;
    (4) An IHE;
    (5) A museum or cultural institution;
    (6) The Bureau of Indian Education;
    (7) An eligible national nonprofit organization; or
    (8) Another private agency, institution, or organization.
    Note: If you are a nonprofit organization, under 34 CFR 75.51, you 
may demonstrate your nonprofit status by providing: (1) Proof that the 
Internal Revenue Service currently recognizes the applicant as an 
organization to which contributions are tax deductible under section 
501(c)(3) of the Internal Revenue Code; (2) a statement from a State 
taxing body or the State attorney general certifying that the 
organization is a nonprofit organization operating within the State and 
that no part of its net earnings may lawfully benefit any private 
shareholder or individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; or (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Supplement-Not-Supplant: This competition involves supplement-
not-supplant funding requirements. Under section 4642(b)(2) of the 
ESEA, funds must be used to supplement, and not supplant, non-Federal 
funds that would otherwise be used for activities authorized under this 
program (20 U.S.C. 1221e-3, 3474, and 6511(a)). Accordingly, grantees 
must comply with 34 CFR 76.564 through 76.569, which apply to agencies 
of State and local governments that are grantees under programs with a 
statutory requirement prohibiting the use of Federal funds to supplant 
non-Federal funds.
    c. Indirect Cost Rate Information: This competition uses a 
restricted indirect cost rate. For more information regarding indirect 
costs, or to obtain a

[[Page 4015]]

negotiated indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: This competition does not 
include any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200, subpart E, of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

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 the AAE 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, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 25 pages and (2) use the 
following standards:
    <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 or 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; the one-page abstract, resumes, 
bibliography, logic model, or letters of support. However, the 
recommended page limit does apply to all of the application narrative.
    Note: The applicant should include, as an attachment, the logic 
model used to address selection criterion (a)(5).
    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 may still apply for funding; applicants that do 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 competition 
are from 34 CFR 75.210 and are as follows:
    (a) Quality of the project design (up to 30 points).
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (2) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (3) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project.
    (4) The extent to which the proposed project represents an 
exceptional approach for meeting statutory purposes and requirements.
    (5) The extent to which the proposed project demonstrates a 
rationale (as defined in 34 CFR 77.1(c)).
    (b) Quality of project services (up to 25 points).
    The Secretary considers the quality of the services to be provided 
by the proposed project. In determining the quality of the services to 
be provided by the proposed project, the Secretary considers the 
quality and sufficiency of strategies for ensuring equal access and 
treatment for eligible project participants who are members of groups 
that have traditionally been underrepresented based on race, color, 
national origin, gender, age, or disability. In addition, the Secretary 
considers the following factors:
    (1) 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.
    (2) The likelihood that the services to be provided by the proposed 
project will lead to improvements in the achievement of students as 
measured against rigorous academic standards.
    (3) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (4) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services.
    (c) Quality of project personnel (up to 10 points).
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the

[[Page 4016]]

Secretary considers the extent to which the applicant encourages 
applications for employment from persons who are members of groups that 
have traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    In addition, the Secretary considers the qualifications, including 
relevant training and experience, of key project personnel.
    (d) Quality of the management plan (up to 20 points).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (2) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project.
    (3) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (4) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.
    (e) Quality of the project evaluation (up to 15 points).
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (3) The extent to which the methods of evaluation will provide 
valid and reliable performance data on relevant outcomes.
    Note: This selection factor for project evaluation relates only to 
performance measure (1) under the Performance Measures section of this 
notice.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Promoting the freedom of speech and religious liberty in 
alignment with Promoting Free Speech and Religious Liberty (E.O. 13798) 
and Improving Free Inquiry, Transparency, and Accountability at 
Colleges and Universities (E.O. 13864) (2 CFR 200.300, 200.303, 
200.339, and 200.341);
    (d) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (e) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify 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.

[[Page 4017]]

    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: The Department has established the 
following Government Performance and Results Act of 1993 performance 
measures for the AAE program: (1) The number of grantees that attain or 
exceed the targets for a majority of the outcome indicators for their 
projects; (2) The percentage of AAE participants (e.g., arts educators, 
teachers, principals, and other support staff) who complete 75 percent 
or more of the total hours of professional development offered; and (3) 
The number of accessible, arts-based instructional materials that are 
developed.
    All grantees will be expected to submit an annual performance 
report that includes data addressing these performance measures to the 
extent that they apply to the grantee's 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. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2021-00705 Filed 1-14-21; 8:45 am]
BILLING CODE 4000-01-P


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