78002 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

application package in an accessible 

format. The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF), 

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

file, braille, large print, audiotape, 

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. 

Adam Schott, 

Deputy Assistant Secretary for Policy and 

Programs, Delegated the Authority to Perform 

the Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2023–24999 Filed 11–13–23; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2023–SCC–0118] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Protection and Advocacy of Individual 

Rights Program Assurances 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Department is proposing an 

extension without change of a currently 

approved information collection request 

(ICR). 

DATES: Interested persons are invited to 

submit comments on or before 

December 14, 2023. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be submitted within 30 days of 

publication of this notice. Click on this 

link www.reginfo.gov/public/do/ 

PRAMain to access the site. Find this 

information collection request (ICR) by 

selecting ‘‘Department of Education’’ 

under ‘‘Currently Under Review,’’ then 

check the ‘‘Only Show ICR for Public 

Comment’’ checkbox. Reginfo.gov 

provides two links to view documents 

related to this information collection 

request. Information collection forms 

and instructions may be found by 

clicking on the ‘‘View Information 

Collection (IC) List’’ link. Supporting 

statements and other supporting 

documentation may be found by 

clicking on the ‘‘View Supporting 

Statement and Other Documents’’ link. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Samuel Pierre, 

202–987–1928. 

SUPPLEMENTARY INFORMATION: The 

Department is especially interested in 

public comment addressing the 

following issues: (1) is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate;

(4) how might the Department enhance

the quality, utility, and clarity of the

information to be collected; and (5) how

might the Department minimize the

burden of this collection on the

respondents, including through the use

of information technology. Please note

that written comments received in

response to this notice will be

considered public records.

Title of Collection: Protection and 

Advocacy of Individual Rights Program 

Assurances. 

OMB Control Number: 1820–0625. 

Type of Review: An extension without 

change of a currently approved ICR. 

Respondents/Affected Public: State, 

Local, and Tribal Governments. 

Total Estimated Number of Annual 

Responses: 57. 

Total Estimated Number of Annual 

Burden Hours: 9. 

Abstract: Section 509 of the 

Rehabilitation Act of 1973 

(Rehabilitation Act), as amended by the 

Title IV of Workforce Innovation and 

Opportunity Act (WIOA) and its 

implementing Federal Regulations at 34 

CFR part 381, require the PAIR grantees 

to submit an application to the RSA 

Commissioner in order to receive 

assistance under Section 509 of the 

Rehabilitation Act. The Rehabilitation 

Act requires that the application contain 

Assurances to which the grantees must 

comply. Section 509(f) of the 

Rehabilitation Act specifies the 

Assurances. All 57 PAIR grantees are 

required to be part of the protection and 

advocacy system in each State 

established under the Developmental 

Disabilities Assistance and Bill of Rights 

Act of 2000 (42 U.S.C. 6041 et seq.). 

Dated: November 8, 2023. 

Juliana Pearson, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2023–25080 Filed 11–13–23; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; High 

School Equivalency Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Department of Education 

(Department) is issuing a notice inviting 

applications for fiscal year (FY) 2024 for 

the High School Equivalency Program 

(HEP), Assistance Listing Number 

84.141A. This notice relates to the 

approved information collection under 

the Office of Management and Budget 

(OMB) control number 1894–0006. 

DATES: 

Applications Available: November 17, 

2023. 

Deadline for Transmittal of 

Applications: January 16, 2024. 

Deadline for Intergovernmental 

Review: March 13, 2024. 

Pre-Application Webinar Information: 

The Department will hold a preapplication workshop via webinar for 

prospective applicants. The date and 

time of the workshop will be announced 

on the Department’s website at: https:// 

oese.ed.gov/offices/office-of-migranteducation/high-school-equivalencyprogram/applicant-information-highschool-equivalency-program/. 

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 December 7, 2022 

(87 FR 75045) and available at https:// 

www.federalregister.gov/documents/ 

2022/12/07/2022-26554/commoninstructions-for-applicants-todepartment-of-education-discretionarygrant-programs. Please note that these 

Common Instructions supersede the 

version published on December 27, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Dylan Hart-Medina, Office of Migrant 


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Education, Office of Elementary and 

Secondary Education, U.S. Department 

of Education, 400 Maryland Avenue, 

Washington, DC 20202. Telephone: 

(202) 987–1705. Email: Dylan.HartMedina@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The HEP is 

designed to assist migratory or seasonal 

farmworkers (or immediate family 

members of such workers) to obtain the 

equivalent of a secondary school 

diploma and subsequently to gain 

improved employment, enter military 

service, or be placed in an institution of 

higher education (IHE) or other 

postsecondary education or training. 

Priorities: This competition includes 

one competitive preference priority and 

one invitational priority. In accordance 

with 34 CFR 75.105(b)(2)(ii) and (iv), the 

competitive preference priority is from 

section 418A(e) of the Higher Education 

Act of 1965, as amended (HEA) (20 

U.S.C. 1070d–2(e)) and 34 CFR 206.31. 

Competitive Preference Priority: For 

FY 2024 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 15 points to an 

application for this competitive 

preference priority, depending on how 

well the application meets this priority. 

This priority is: 

Consideration of Prior Experience. 

(Up to 15 points) 

Projects that are expiring (HEP 

grantees in their final budget period that 

received their current HEP award in FY 

2019) will be considered for additional 

points under this competitive 

preference priority. In accordance with 

section 418A(e) of the HEA, the 

Department will award up to 15 points 

for this priority. In accordance with 34 

CFR 206.31(a), the Secretary will 

consider the applicant’s experience in 

implementing an expiring HEP project, 

with respect to: 

(a) Whether the applicant served the 

number of participants described in its 

approved application; 

(b) The extent to which the applicant 

met or exceeded its funded objectives 

with regard to project participants, 

including the targeted number and 

percentage of— 

(1) Participants who received a 

general educational development (GED) 

credential; and 

(2) GED credential recipients who 

were reported as entering postsecondary 

education programs, career positions, or 

the military; and 

(c) The extent to which the applicant 

met administrative requirements, 

including recordkeeping, reporting, and 

financial accountability under the terms 

of the previously funded award. 

Note: Although 34 CFR 206.31(a)(2)(i) 

and (ii) refer to general educational 

development (GED) credentials, the 

Department recognizes that there are 

multiple examinations through which 

high school equivalency (HSE) can be 

earned and, for the purposes of this 

notice, uses GED interchangeably with 

HSE. 

Invitational Priority: For FY 2024 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: 

Meeting Students’ Social, Emotional, 

and Academic Needs. 

Projects that are designed to improve 

students’ social, emotional, academic, 

and career development, with a focus on 

underserved students, through one or 

both of the following: 

(a) Creating a positive, inclusive, and 

identity-safe climate at institutions of 

higher education through fostering a 

sense of belonging and inclusion for 

students who are migratory or seasonal 

farmworkers or immediate family 

members of such workers. 

(b) Fostering partnerships, including 

across government agencies (e.g., 

housing, human services, employment 

agencies), local educational agencies, 

community-based organizations, adult 

learning providers, and postsecondary 

education institutions, to provide 

comprehensive services to students who 

are migratory or seasonal farmworkers 

or immediate family members of such 

workers and their families that support 

students’ social, emotional, mental 

health, and academic needs, and that 

are inclusive with regard to race, 

ethnicity, culture, language, and 

disability status. 

Definitions: The definitions of 

‘‘migrant farmworker’’ and ‘‘seasonal 

farmworker’’ are from 34 CFR 206.5. 

The definitions of ‘‘demonstrates a 

rationale,’’ ‘‘experimental study,’’ ‘‘logic 

model,’’ ‘‘project component,’’ 

‘‘promising evidence,’’ ‘‘quasiexperimental design study,’’ ‘‘relevant 

outcome,’’ and ‘‘What Works 

Clearinghouse Handbooks (WWC 

Handbooks)’’ are from 34 CFR 77.1. 

Demonstrates a rationale means a key 

project component included in the 

project’s logic model is informed by 

research or evaluation findings that 

suggest the project component is likely 

to improve relevant outcomes. 

Experimental study means a study 

that is designed to compare outcomes 

between two groups of individuals 

(such as students) that are otherwise 

equivalent except for their assignment 

to either a treatment group receiving a 

project component or a control group 

that does not. Randomized controlled 

trials, regression discontinuity design 

studies, and single-case design studies 

are the specific types of experimental 

studies that, depending on their design 

and implementation (e.g., sample 

attrition in randomized controlled trials 

and regression discontinuity design 

studies), can meet What Works 

Clearinghouse (WWC) standards 

without reservations as described in the 

WWC Handbooks: 

(i) A randomized controlled trial 

employs random assignment of, for 

example, students, teachers, classrooms, 

or schools to receive the project 

component being evaluated (the 

treatment group) or not to receive the 

project component (the control group). 

(ii) A regression discontinuity design 

study assigns the project component 

being evaluated using a measured 

variable (e.g., assigning students reading 

below a cutoff score to tutoring or 

developmental education classes) and 

controls for that variable in the analysis 

of outcomes. 

(iii) A single-case design study uses 

observations of a single case (e.g., a 

student eligible for a behavioral 

intervention) over time in the absence 

and presence of a controlled treatment 

manipulation to determine whether the 

outcome is systematically related to the 

treatment. 

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. 

Migrant farmworker means a seasonal 

farmworker—as defined in this notice— 

whose employment required travel that 

precluded the farmworker from 

returning to his or her domicile 

(permanent place of residence) within 

the same day. 


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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). 

Promising evidence means that there 

is evidence of the effectiveness of a key 

project component in improving a 

relevant outcome, based on a relevant 

finding from one of the following: 

(i) A practice guide prepared by WWC 

reporting a ‘‘strong evidence base’’ or 

‘‘moderate evidence base’’ for the 

corresponding practice guide 

recommendation; 

(ii) An intervention report prepared 

by the WWC reporting a ‘‘positive 

effect’’ or ‘‘potentially positive effect’’ 

on a relevant outcome with no reporting 

of a ‘‘negative effect’’ or ‘‘potentially 

negative effect’’ on a relevant outcome; 

or 

(iii) A single study assessed by the 

Department, as appropriate, that— 

(A) Is an experimental study, a quasiexperimental design study, or a welldesigned and well-implemented 

correlational study with statistical 

controls for selection bias (e.g., a study 

using regression methods to account for 

differences between a treatment group 

and a comparison group); and 

(B) Includes at least one statistically 

significant and positive (i.e., favorable) 

effect on a relevant outcome. 

Quasi-experimental design study 

means a study using a design that 

attempts to approximate an 

experimental study by identifying a 

comparison group that is similar to the 

treatment group in important respects. 

This type of study, depending on design 

and implementation (e.g., establishment 

of baseline equivalence of the groups 

being compared), can meet WWC 

standards with reservations, but cannot 

meet WWC standards without 

reservations, as described in the WWC 

Handbook. 

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. 

Seasonal farmworker means a person 

whose primary employment was in 

farmwork on a temporary or seasonal 

basis (that is, not a constant year-round 

activity) for a period of at least 75 days 

within the past 24 months. 

What Works Clearinghouse 

Handbooks (WWC Handbooks) means 

the standards and procedures set forth 

in the WWC Standards Handbook, 

Versions 4.0 or 4.1, and WWC 

Procedures Handbook, Versions 4.0 or 

4.1, or in the WWC Procedures and 

Standards Handbook, Version 3.0 or 

Version 2.1 (all incorporated by 

reference, see § 77.2). Study findings 

eligible for review under WWC 

standards can meet WWC standards 

without reservations, meet WWC 

standards with reservations, or not meet 

WWC standards. WWC practice guides 

and intervention reports include 

findings from systematic reviews of 

evidence as described in the WWC 

Handbooks documentation. 

Note: The What Works Clearinghouse 

Procedures and Standards Handbook 

(Version 4.1), as well as the more recent 

What Works Clearinghouse Handbooks 

released in August 2022 (Version 5.0), 

are available at https://ies.ed.gov/ncee/ 

wwc/Handbooks. 

Program Authority: 20 U.S.C. 1070d– 

2. 

Note: Projects will be awarded and 

must be operated in a manner consistent 

with the nondiscrimination 

requirements contained in 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 206. (e) The Migrant Education 

Program (MEP) definitions in 34 CFR 

200.81. (f) The National Farmworker 

Jobs Program (NFJP) definitions in 20 

CFR 685.110 and eligibility regulations 

in 20 CFR 685.320. 

Note: The regulations in 34 CFR part 

86 apply to IHEs only. 

Note: The MEP definitions and NFJP 

definitions and eligibility regulations 

apply to individuals seeking to qualify 

for HEP based on past participation in 

the MEP or NFJP. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: The 

Administration has requested 

$9,366,857 for new awards for this 

program for FY 2024. The actual level 

of funding, if any, depends on final 

congressional action. However, we are 

inviting applications to allow enough 

time to complete the grant process if 

Congress appropriates funds for this 

program. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in 

subsequent years from the list of 

unfunded applications from this 

competition. 

Estimated Range of Awards: 

$180,000–$475,000. 

Estimated Average Size of Awards: 

$475,000. 

Maximum Award: We will not make 

an award exceeding $475,000 for a 

single budget period of 12 months. 

Under 34 CFR 75.104(b) the Secretary 

may reject, without consideration or 

evaluation, any application that 

proposes a project funding level that 

exceeds the stated maximum award 

amount. 

Minimum Award: The Department 

will not make an award for less than the 

amount of $180,000 for a single budget 

period of 12 months. Under section 

418A of the HEA, the Secretary is 

prohibited from making an award for 

less than the stated award amount. 

Therefore, we will reject any application 

that proposes a HEP award that is less 

than the stated minimum award 

amount. 

Note: This approach is intended to 

promote fairness and transparency in 

the competitive process. 

Estimated Number of Awards: 20. 

Note: The Department is not bound by 

any estimates in this notice. 

Project Period: Up to 60 months (five 

12-month budget periods). Under 

section 418A(e) of the HEA, except 

under extraordinary circumstances, the 

Secretary must award grants for a fiveyear period. Under 34 CFR 75.117(b), 

applicants must submit a budget 

narrative accompanied by a budget form 

prescribed by the Secretary that 

provides budget information for each 

budget period of the proposed project 

period. Therefore, we may reject any 

application that does not propose a fiveyear project period as reflected on the 

applicant’s ED 524 form, Section A, and 

budget narrative form, submitted as a 

part of the application. 

III. Eligibility Information 

1. Eligible Applicants: An IHE (as 

defined in section 101 and 102 of the 

HEA) or a private nonprofit (as those 

terms are defined in 34 CFR 77.1) 

organization may apply for a grant to 

operate a HEP project. If a private 

nonprofit organization other than an 

IHE applies for a HEP grant, that 

organization must plan the project in 

cooperation with an IHE and must 

propose to operate some aspects of the 

project with the facilities of that IHE. 


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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. 

2a. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. However, 

consistent with 34 CFR 75.700, which 

requires an applicant to comply with its 

approved application, an applicant that 

proposes non-Federal matching funds 

and is awarded a grant must provide 

those funds for each year that the funds 

are proposed. 

b. Indirect Cost Rate Information: This 

program uses a training indirect cost 

rate. This limits indirect cost 

reimbursement to an entity’s actual 

indirect costs, as determined in its 

negotiated indirect cost rate agreement, 

or eight percent of a modified total 

direct cost base, whichever amount is 

less. For more information regarding 

training indirect cost rates, see 34 CFR 

75.562. 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. 

c. 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. 

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: IHEs and 

nonprofit organizations. 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. 

4. Other: a. Budget: Projects funded 

under this competition must budget for 

a three-day Office of Migrant Education 

annual meeting for HEP Directors in the 

Washington, DC area during each year 

of the project period. Such expenses are 

allowable uses of grant funds and may 

be included in the proposed project 

budget. This meeting may be held 

virtually if conditions warrant such 

format. 

b. Build America, Buy America Act: 

This program is not subject to the Build 

America, Buy America Act (Pub. L. 117– 

58) domestic sourcing requirements. 

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 

December 7, 2022 (87 FR 75045) and 

available at https://www.federal

register.gov/documents/2022/12/07/ 

2022-26554/common-instructions-forapplicants-to-department-of-educationdiscretionary-grant-programs. Please 

note that these Common Instructions 

supersede the version published on 

December 27, 2021. Under 34 CFR 

206.20, applicants are required to make 

additional submissions with their 

application. Those requirements are 

available at www.ecfr.gov/current/title34/subtitle-B/chapter-II/part-206/ 

subpart-C/section-206.20. 

2. Submission of Proprietary 

Information: Given the types of projects 

that may be proposed in applications for 

HEP, 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: 

• A ‘‘page’’ is 8.5′′ x 11′′, on one side 

only, with 1′′ margins at the top, bottom, 

and both sides. 

• Double space (no more than three 

lines per vertical inch) all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

references, and captions, as well as all 

text in charts, tables, figures, and 

graphs. 

• Use a font that is either 12 point or 

larger or no smaller than 10 pitch 

(characters per inch). 

• Use one of the following fonts: 

Times New Roman, Courier, Courier 

New, or Arial. 

The recommended page limit does not 

apply to 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. An 

application will not be disqualified if it 

exceeds the recommended page limit. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this competition are from 34 

CFR 75.210 and are as follows: 

(a) Need for project (Up to 10 points). 

(1) The Secretary considers the need 

for the proposed project. 

(2) In determining the need for the 

proposed project, the Secretary 

considers the magnitude of the need for 

the services to be provided or the 

activities to be carried out by the 

proposed project. (Up to 10 points) 

(b) Quality of the project design (Up 

to 24 points). 

(1) The Secretary considers the 

quality of the design of the proposed 

project. 

(2) In determining the quality of the 

design of the proposed project, the 


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Secretary considers the following 

factors: 

(i) The extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified and measurable. (Up to 7 

points) 

(ii) 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. (Up to 5 points) 

(iii) The extent to which the proposed 

project will establish linkages with 

other appropriate agencies and 

organizations providing services to the 

target population. (Up to 5 points) 

(iv) The extent to which the proposed 

project demonstrates a rationale (as 

defined in this notice). (Up to 7 points) 

(c) Quality of project services (Up to 

24 points). 

(1) The Secretary considers the 

quality of the services to be provided by 

the proposed project. 

(2) 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. (Up to 3 

points) 

(3) In addition, the Secretary 

considers the following factors: 

(i) The extent to which the services to 

be provided by the proposed project are 

appropriate to the needs of the intended 

recipients or beneficiaries of those 

services. (Up to 7 points) 

(ii) 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. (Up to 

7 points) 

(iii) The likely impact of the services 

to be provided by the proposed project 

on the intended recipients of those 

services. (Up to 7 points) 

(d) Quality of project personnel (Up to 

10 points). 

(1) The Secretary considers the 

quality of the personnel who will carry 

out the proposed project. 

(2) In determining the quality of 

project personnel, the 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. (Up to 3 

points) 

(3) In addition, the Secretary 

considers the qualifications, including 

relevant training and experience, of key 

project personnel. (Up to 7 points) 

(e) Adequacy of resources (Up to 12 

points). 

(1) The Secretary considers the 

adequacy of resources for the proposed 

project. 

(2) In determining the adequacy of 

resources for the proposed project, the 

Secretary considers the following 

factors: 

(i) The adequacy of support, including 

facilities, equipment, supplies, and 

other resources, from the applicant 

organization or the lead applicant 

organization. (Up to 4 points) 

(ii) The relevance and demonstrated 

commitment of each partner in the 

proposed project to the implementation 

and success of the project. (Up to 4 

points) 

(iii) The extent to which the costs are 

reasonable in relation to the objectives, 

design, and potential significance of the 

proposed project. (Up to 4 points) 

(f) Quality of the project evaluation 

(Up to 20 points). 

(1) The Secretary considers the 

quality of the evaluation to be 

conducted of the proposed project. 

(2) In determining the quality of the 

evaluation, the Secretary considers the 

following factors: 

(i) The extent to which the methods 

of evaluation are thorough, feasible, and 

appropriate to the goals, objectives, and 

outcomes of the proposed project. (Up 

to 10 points) 

(ii) The extent to which the methods 

of evaluation will provide performance 

feedback and permit periodic 

assessment of progress toward achieving 

intended outcomes. (Up to 5 points) 

(iii) The extent to which the methods 

of evaluation will, if well implemented, 

produce promising evidence (as defined 

in this notice) about the project’s 

effectiveness. (Up to 5 points) 

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). 

Additional factors we consider in 

selecting an application for an award are 

in section 418A of the HEA. In 

accordance with section 418A, the 

Secretary makes HEP awards based on 

the number, quality, and promise of the 

applications. Additionally, in 

accordance with section 418A, if final 

FY 2024 HEP and College Assistance 

Migrant Program appropriations exceed 

$40,000,000, the Secretary will consider 

the need to provide an equitable 

geographic distribution of HEP awards. 

The Secretary may consider the need to 

provide equitable geographic 

distribution of HEP awards when— 

1. Two or more applicants receive the 

same score at the funding cutoff for this 

competition; 

2. The Secretary determines that a 

geographic region is overserved by 

current HEP projects; 

3. The Secretary determines that a 

geographic region is underserved by 

current HEP projects; or 

4. Two or more applicants propose to 

operate similar HEP projects in the same 

geographical region. 

When evaluating a potentially 

overserved or underserved geographic 

region, the Secretary may consider 

factors such as migrant or seasonal 

farmworker population data for a State 

or region, approximate distance between 

current and proposed projects, the type 

of entity of the current or proposed 

project (e.g., private nonprofit 

organization, 2-year IHE, 4-year IHE), 

and the number of students proposed to 

be served by the current or proposed 

HEP project. 

3. Risk Assessment and Specific 

Conditions: Consistent with 2 CFR 

200.206, before awarding grants under 

this competition the Department 

conducts a review of the risks posed by 

applicants. Under 2 CFR 200.208, the 

Secretary may impose specific 

conditions and, under 2 CFR 3474.10, 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 


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Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 78007 

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) 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 

(d) 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. 

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: For the 

purposes of reporting under 34 CFR 

75.110, the Department developed the 

following performance measures to 

evaluate the overall effectiveness of 

HEP: (1) the percentage of HEP 

participants exiting the program having 

received a HSE diploma, and (2) the 

percentage of HSE diploma recipients 

who enter postsecondary education or 

training programs, upgraded 

employment, or the military. These 

measures are referred to as HEP 

performance measures 1 and 2, 

respectively. 

Applicants must propose annual 

targets for these measures and establish 

annual student enrollment targets in 

their applications. Applicants should 

identify these targets within their 

application abstracts. The national 

target for performance measure 1 for FY 

2024 is that 69 percent of HEP 

participants exit the program having 

received an HSE credential. The 

national target for performance measure 

2 for FY 2024 is that 80 percent of HEP 

HSE diploma recipients will enter 

postsecondary education or training 

programs, upgraded employment, or the 

military. The national targets for 

subsequent years may be adjusted based 

on additional baseline data. 

Peer reviewers evaluate how well 

applicants propose to meet their 

application’s goals and objectives. Peer 

reviewers will score related selection 

criteria on the basis of how well an 

applicant addresses these performance 

measures in addition to any other goals 

and objectives included in the 

application. Therefore, applicants will 

want to consider how to demonstrate a 

sound capacity to provide reliable data 

on the performance measures, including 

the project’s annual performance targets 

for addressing the performance 

measures, as is required by the OMBapproved annual performance report 

that is included in the application 

package. All grantees will be required to 

submit, as part of their annual 

performance report, information with 

respect to these performance measures. 

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, whether the grantee has 

made substantial progress in achieving 

the performance targets in the grantee’s 

approved application. 

In making a continuation award, the 

Secretary also considers whether the 


khammond on DSKJM1Z7X2PROD with NOTICES
78008 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

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), 

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

file, braille, large print, audiotape, 

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. 

Adam Schott, 

Deputy Assistant Secretary for Policy and 

Programs, Delegated the Authority to Perform 

the Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2023–25001 Filed 11–13–23; 8:45 am] 

BILLING CODE 4000–01–P 

ELECTION ASSISTANCE COMMISSION 

Sunshine Act Meetings 

AGENCY: Election Assistance 

Commission. 

ACTION: Sunshine Act notice; notice of 

public meeting agenda. 

SUMMARY: The U.S. Election Assistance 

Commission (EAC) will conduct a 

public meeting to discuss the 2023 

Voluntary Electronic Poll Book Pilot 

Program and consider next steps for the 

program. 

DATES: Monday, December 4, 2:00 p.m.– 

3:00 p.m. EST. 

ADDRESSES: The meeting will be virtual 

and livestreamed on the U.S. Election 

Assistance Commission’s YouTube 

Channel: https://www.youtube.com/ 

channel/ 

UCpN6i0g2rlF4ITWhwvBwwZw. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Muthig, Telephone: (202) 897– 

9285, Email: kmuthig@eac.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose: In accordance with the 

Government in the Sunshine Act 

(Sunshine Act), Public Law 94–409, as 

amended (5 U.S.C. 552b), the U.S. 

Election Assistance Commission (EAC) 

will conduct a public meeting to discuss 

the 2023 EAC Voluntary Electronic Poll 

Book Pilot Program and consider next 

steps for the program. 

Agenda: The U.S. Election Assistance 

Commission (EAC) will consider the 

adoption of the Voluntary Electronic 

Poll Book Pilot Program as a standing 

program at the agency. To facilitate this 

conversation, the EAC Commissioners 

will hear from the EAC’s Election 

Supporting Technology Evaluation 

Program (ESTEP) staff on feedback they 

have received on the pilot and 

recommendations for next steps for 

implementation. 

Background: Under the authority of 

the Help America Vote Act (HAVA), the 

EAC created the Election Supporting 

Technology Evaluation Program 

(ESTEP) to establish requirements and 

guidelines specific to election 

technologies that are not covered under 

the Voluntary Voting System Guidelines 

(VVSG). The e-poll book pilot is the first 

in a series of pilots conducted by the 

ESTEP program, which will also 

examine voter registration databases, 

election night reporting systems, and 

electronic ballot delivery systems. 

The e-poll book pilot program testing 

took place between January and August 

2023. The pilot involved two VSTLs, 

Pro V&V and SLI Compliance, that 

tested e-poll book devices from five 

commercial manufacturers, and two inhouse developers. These systems were 

tested against the Voluntary Electronic 

Poll Book Requirements (Version 0.9) 

developed by ESTEP in consultation 

with the National Institute of Standards 

and Technology (NIST), cybersecurity 

and accessibility experts, and other key 

stakeholders. 

The full agenda will be posted in 

advance on the EAC website: https://

www.eac.gov. 

Status: This meeting will be open to 

the public. 

Camden Kelliher, 

Deputy General Counsel, U.S. Election 

Assistance Commission. 

[FR Doc. 2023–25135 Filed 11–9–23; 11:15 am] 

BILLING CODE 4810–71–P 

ELECTION ASSISTANCE COMMISSION 

Request for Comment: Election 

Supporting Technology Evaluation 

Program Manufacturer Registration 

Form 

AGENCY: U.S. Election Assistance 

Commission. 

ACTION: Notice, request for comment. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (PRA), the U.S. Election 

Assistance Commission (EAC) gives 

notice that it is requesting from the 

Office of Management and Budget 

(OMB) approval for the information 

collection of one Election Supporting 

Technology Evaluation Program form. 

The information collected is to be used 

to improve the quality of electionsupporting technology used in federal 

elections, and to collect necessary key 

information on election-supporting 

technology manufacturers and their 

systems. Participation in this program is 

voluntary. 

DATES: Comments must be received by 

5 p.m. eastern on Friday, January 12, 

2023. 

ADDRESSES: To view the Election 

Supporting Technology Evaluation 

Program form, see: https://www.eac.gov/ 

voting-equipment/Election_Supporting_

Technology_Evaluation_Program. 

Comments on the proposed form should 

be submitted electronically via https:// 

www.regulations.gov (docket IDs: EAC– 

2023–0003). Written comments on the 

proposed information collection can 

also be sent to the U.S. Election 

Assistance Commission, 633 3rd Street 

NW, Suite 200, Washington, DC 20001, 

Attn: Election Supporting Technology 

Evaluation Program. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Beatrice, Election Technology 

Specialist, Election Supporting 

Technology Evaluation Program, 

Washington, DC, (202)–748–2298. 

Email: estep@eac.gov. 

All requests and submissions should 

be identified by the title of the 

information collection. 

SUPPLEMENTARY INFORMATION: 


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