8812 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 

1Terms defined in this notice are italicized. 

deadline for intergovernmental review 

until May 10, 2022. 

DATES: 

Deadline for transmittal of 

applications: March 11, 2022. 

Deadline for intergovernmental 

review: May 10, 2022. 

FOR FURTHER INFORMATION CONTACT: Beth 

Yeh, U.S. Department of Education, 400 

Maryland Avenue SW, Room 3E335, 

Washington, DC 20202–6135. 

Telephone: (202) 205–5798. Email: 

beth.yeh@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: On 

December 20, 2021, the Department 

published an NIA for the SFEC 

competition in the Federal Register (86 

FR 71880). However, the SFEC 

application package was not posted on 

Grants.gov until January 10, 2022. 

Therefore, we are extending the 

deadline for transmittal of applications 

for the competition by 21 days until 

March 11, 2022, at 11:59:59 p.m. Eastern 

Time. This extension will allow 

applicants more time to prepare and 

submit their applications. Applicants 

that have already timely submitted 

applications under the FY 2022 SFEC 

competition may resubmit applications 

but are not required to do so. If a new 

application is not submitted, the 

Department will use the application that 

was submitted by the original deadline. 

If a new application is submitted, the 

Department will consider the 

application that is last submitted and 

timely received. 

All other requirements and conditions 

stated in the NIA remain the same. 

Program Authority: 20 U.S.C. 7241– 

46. 

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. 

Ruth E. Ryder, 

Deputy Assistant Secretary for Policy and 

Programs Office of Elementary and Secondary 

Education. 

[FR Doc. 2022–03448 Filed 2–15–22; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; Jacob K. 

Javits Gifted and Talented Students 

Education 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 new awards for fiscal 

year (FY) 2022 for the Jacob K. Javits 

Gifted and Talented Students Education 

(Javits) program, Assistance Listing 

Number 84.206A. This notice relates to 

the approved information collection 

under the Office of Management and 

Budget (OMB) control number 1894– 

0006. 

DATES:

Applications Available: February 16, 

2022. 

Deadline for Notice of Intent To 

Apply: March 8, 2022. 

Deadline for Transmittal of 

Applications: April 4, 2022. 

Deadline for Intergovernmental 

Review: June 1, 2022. 

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 27, 2021 

(86 FR 73264) and available at 

www.federalregister.gov/d/2021–27979. 

Please note that these Common 

Instructions supersede the version 

published on February 13, 2019, and, in 

part, describe the transition from the 

requirement to register in SAM.gov a 

Data Universal Numbering System 

(DUNS) number to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

FOR FURTHER INFORMATION CONTACT: M. 

Jeanette Horner-Smith, U.S. Department 

of Education, 400 Maryland Avenue 

SW, Room 3E252, Washington, DC 

20202–6450. Telephone: (202) 453– 

6661. Email: Mildred.Horner-Smith@

ed.gov or, Jennifer Brianas, U.S. 

Department of Education, 400 Maryland 

Avenue SW, Room 3E239, Washington, 

DC 20202–6450. Telephone: (202) 401– 

0299. Email: Jennifer.Brianas@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

Pre-Application Meeting Information: 

The Department will hold a preapplication meeting via Microsoft 

Teams for prospective applicants. For 

information about the pre-application 

meeting, visit the Javits website at: 

https://oese.ed.gov/offices/office-ofdiscretionary-grants-support-services/ 

well-rounded-education-programs/ 

jacob-k-javits-gifted-and-talentedstudents-education-program/. 

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The Javits 

program supports evidence-based 1

research, demonstration projects, 

innovative strategies, and similar 

activities designed to build and enhance 

the ability of elementary schools and 

secondary schools nationwide to 

identify gifted and talented students 

and meet their special educational 

needs. A major emphasis of the program 

is on identifying and serving students 

traditionally underrepresented in gifted 

and talented programs (including 

economically disadvantaged 

individuals, individuals who are 

English learners, and children with 

disabilities), including the training of 

personnel in the identification and 

education of gifted and talented 

students and in the use, where 

appropriate, of gifted and talented 

services, materials, and methods, for all 

students. 

Background: Through this 

competition, the Department seeks to 

increase the focus on students who are 

traditionally underserved and 

underrepresented in gifted and talented 

programs by funding projects that are 


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Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Notices 8813 

2 Irwin, V., Zhang, J., Wang, X., Hein, S., Wang, 

K., Roberts, A., York, C., Barmer, A., Bullock Mann, 

F., Dilig, R., and Parker, S. (2021). Report on the 

condition of education 2021 (NCES 2021–144). U.S. 

Department of Education. Washington, DC: 

National Center for Education Statistics. Retrieved 

February 4, 2022 from https://nces.ed.gov/ 

pubsearch/pubsinfo.asp?pubid=2021144. 

3Beckmann, E., & Minnaert, A. (2018). Noncognitive characteristics of gifted students with 

learning disabilities: An in-depth systematic 

review. Frontiers in Psychology, 9(504). https://

doi.org/10.3389/fpsyg.2018.00504. 

4Cao, T. H., Jung, J. Y., & Lee, J. (2017). 

Assessment in gifted education: A review of the 

literature from 2005 to 2016. Journal of Advanced 

Academics, 28(3), 163–203. https://doi.org/10.1177/ 

1932202X17714572. 

5WestEd (October 28, 2021). Addressing the 

social and emotional assets and needs of 

underrepresented gifted and talented students. 

Jacob K. Javits Gifted and Talented Students Project 

Director’s Meeting, [PPT] pp.1–39. Center to 

Improve Social and Emotional Learning and School 

Safety. 

6 Grissom, J.A., & Redding, C. (2016). Discretion 

and Disproportionality: Explaining the 

Underrepresentation of High-Achieving Students of 

Color in Gifted Programs. AERA Open. https://

doi.org/10.1177/2332858415622175. 

designed to develop new information 

that assists schools in identifying, and 

providing services to, gifted and 

talented students (including 

economically disadvantaged 

individuals, individuals who are 

English learners, and children with 

disabilities) who may not be identified 

and served through traditional 

assessment methods. 

Schools and districts have an 

opportunity to better identify and serve 

the educational needs of children with 

disabilities who are gifted and talented. 

According to the Report on the 

Condition of Education 2021 from the 

National Center for Education Statistics 

(NCES), approximately 7.3 million 

students (ages 3 through 21) received 

special education services under the 

Individuals with Disabilities Education 

Act (IDEA) in school year 2019–20. 

Based on the NCES data, the most 

common category of children with 

disabilities receiving IDEA services are 

students with learning disabilities.2

Unfortunately, researchers have been 

unable to collect accurate data on the 

number of children with disabilities 

who are gifted and talented largely 

because of the unique characteristics of 

this group of students. Research has also 

demonstrated that teachers and 

administrators may struggle to identify 

gifted and talented children with 

disabilities because the disability could 

mask the giftedness or vice versa.3

The use of appropriate assessments 

can help identify gifted and talented 

students who are children with 

disabilities and measure not only 

improvements in academic achievement 

but growth and development in other 

areas, such as social and emotional 

development, critical thinking, and 

behavioral skills. Appropriate 

monitoring and continuous assessments 

are necessary elements of a successful 

strategy for addressing the needs of 

gifted and talented students. Cao, Jung 

and Lee (2017) list a number of 

assessments that are typically used to 

identify gifted and talented students, 

such as ability tests, achievement tests, 

norm-referenced achievement tests, 

performance-based tests, and dynamic 

assessments.4

Some of these traditional methods of 

assessing gifted and talented students 

may be limited in their current form in 

reflecting the needs of underrepresented 

groups. Nontraditional assessment 

methods can provide comprehensive 

analyses that reduce bias related to the 

student’s education, background, or 

culture and provide greater 

opportunities for identifying gifted and 

talented students who are underserved 

(including students who are 

economically disadvantaged, 

individuals who are English learners, 

and children with disabilities) than 

traditional assessment methods may 

afford. Additionally, there are 

nontraditional assessment methods that 

focus on changes to student 

performance over time, rather than 

student performance at a single point in 

time, such as process-oriented 

assessments that evaluate a student’s 

performance of an actual task rather 

than an output. 

The absolute priority in this notice 

requires applicants to develop ‘‘new 

information’’ that assists schools in the 

identification of, and provision of 

services to, gifted and talented students 

(including economically disadvantaged 

individuals, individuals who are 

English learners, and children with 

disabilities) who may not be identified 

and served through traditional 

assessment methods. In proposing 

projects that would develop ‘‘new 

information,’’ we encourage applicants 

to propose nontraditional and 

nondiscriminatory methods of 

identifying and teaching gifted and 

talented students, such as utilizing a 

combination of valid and reliable 

assessments; process-oriented and 

performance-based assessments (e.g., 

portfolios of the student’s work over a 

period of time, open-ended essays, 

project work that involves collaboration 

with peers, and artistic and musical 

skills and abilities); behavioral 

characteristic checklists; and interviews 

with teachers, family members, and 

community members who are familiar 

with the student’s abilities and 

performance. 

Competitive Preference Priority 1 

focuses on training personnel to identify 

and educate gifted and talented students 

who are children with disabilities. 

Competitive Preference Priority 2 

emphasizes the importance of utilizing 

nontraditional methods for assessing 

gifted and talented students, 

particularly as they relate to the 

identification of, and provision of 

services to, gifted and talented students 

who are children with disabilities, 

because traditional assessment methods, 

on their own, may not provide a 

complete evaluation of a potential gifted 

and talented student’s knowledge, skills 

and abilities and could potentially lead 

to the misidentification of a gifted and 

talented child with a disability. 

Another important goal of the Javits 

program is to increase equity in 

identifying and providing services to 

gifted and talented students from 

underrepresented groups.5 In his 

research, Grissom (2016) found that 

underserved students, such as Black and 

Hispanic students, are less likely to be 

identified as gifted and talented, in part, 

because many schools in low socioeconomic status communities do not 

have gifted and talented programs. 

Concomitantly, Grissom (2016) provides 

evidence that suggests Black and 

Hispanic students excel in gifted and 

talented programs in schools where 

there are larger numbers of educators 

who are also Black and Hispanic.6

Competitive Preference Priority 3 

addresses projects designed to increase 

the number and proportion of 

experienced, fully certified, in-field, and 

effective educators, and educators from 

traditionally underrepresented 

backgrounds or the communities they 

serve, in order to support the needs of 

gifted and talented students who are 

traditionally underserved students. In 

this context, with respect to in-field 

educators, we encourage applicants to 

propose projects that are designed to 

increase the number and proportion of 

experienced and effective educators 

who are certified to identify and teach 

gifted and talented students. 

Priorities: This notice contains one 

absolute priority and three competitive 

preference priorities. The absolute 

priority and Competitive Preference 

Priority 2 are from section 4644(f)(1)(B) 

of the Elementary and Secondary 

Education Act of 1965, as amended 

(ESEA) (20 U.S.C. 7294(f)(1)(B)). 

Competitive Preference Priority 1 is 

from section 4644(b)(1) of the ESEA (20 

U.S.C. 7294(b)(1)), and Competitive 


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7The Javits program supports gifted and talented 

programs and their students in elementary schools 

and secondary schools. In States in which 

elementary education includes preschool, preschool 

students may receive services through the Javits 

program. 

8All strategies to increase racial diversity of 

educators must comply with applicable law, 

including Title VI of the Civil Rights Act of 1964. 

Preference Priority 3 is from the Final 

Priorities and Definitions—Secretary’s 

Supplemental Priorities and Definitions 

for Discretionary Grants Programs, 

published in the Federal Register on 

December 10, 2021 (86 FR 70612) 

(Supplemental Priorities). 

Absolute Priority: For FY 2022 and 

any subsequent year in which we make 

awards from the list of unfunded 

applications from this competition, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3), we consider only 

applications that meet this absolute 

priority. 

This priority is: 

Identification of, and Provision of 

Services to, Gifted and Talented 

Students Who May Not Be Identified 

through Traditional Assessment 

Methods. 

Projects designed to develop new 

information that assists schools in the 

identification of, and provision of 

services to, gifted and talented students 

(including economically disadvantaged 

individuals, individuals who are 

English learners, and children with 

disabilities) who may not be identified 

and served through traditional 

assessment methods. 

Competitive Preference Priorities: For 

FY 2022 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 up to 

an additional 5 points to an application, 

depending on how well the application 

meets Competitive Preference Priority 1, 

Competitive Preference Priority 2, or 

Competitive Preference Priority 3, for a 

maximum of an additional 15 points. 

These priorities are: 

Competitive Preference Priority 1— 

Training Personnel in the Identification 

and Education of Gifted and Talented 

Students Who are Children with 

Disabilities. (up to 5 points) 

Projects that include providing 

training to personnel in schools served 

under the project to assist such 

personnel in identifying and educating 

gifted and talented students who are 

children with disabilities. Such training 

may include, but is not limited to, 

workshops or programs that teach 

effective instructional and 

communication techniques, classroom 

practices and culture, and other 

strategies that support the social, 

emotional, developmental and academic 

needs of gifted and talented students 

who are children with disabilities. 

Competitive Preference Priority 2— 

Identification of, and Provision of 

Services to, Gifted and Talented 

Students Who are Children with 

Disabilities. (up to 5 points) 

Projects that include developing new 

information, that assists schools in the 

identification of, and provision of 

services to, gifted and talented students 

who are children with disabilities who 

may not be identified through 

traditional assessment methods. 

Competitive Preference Priority 3— 

Promoting Equity in Student Access to 

Educational Resources and 

Opportunities. (up to 5 points) 

Projects designed to promote 

educational equity and adequacy in 

resources and opportunity for 

underserved students— 

(1) In one or more of the following 

educational settings: 

(i) Middle school. 

(ii) Elementary school.7

(iii) High school. 

(iv) Career and technical education 

programs. 

(v) Out-of-school-time settings; 

(2) That examine the sources of 

inequity and inadequacy and implement 

responses, and that may include one or 

more of the following: 

(i) Rigorous, engaging, and wellrounded (e.g., that include music and 

the arts) approaches to learning that are 

inclusive with regard to race, ethnicity, 

culture, language, and disability status 

and prepare students for college, career, 

and civic life, including one or more of 

the following: 

(A) Student-centered learning models 

that may leverage technology to address 

learner variability (e.g., universal design 

for learning, K–12 competency-based 

education, project-based learning, or 

hybrid/blended learning) and provide 

high-quality learning content, 

applications, or tools. 

(B) Middle school courses or projects 

that prepare students to participate in 

advanced coursework in high school. 

(C) Advanced courses and programs, 

including dual enrollment and early 

college programs. 

(D) Project-based and experiential 

learning, including service and workbased learning. 

(E) High-quality career and technical 

education courses, pathways, and 

industry-recognized credentials that are 

integrated into the curriculum. 

(F) Science, technology, engineering, 

and mathematics (STEM), including 

computer science coursework. 

(ii) Increasing the number and 

proportion of experienced, fully 

certified, in-field, and effective 

educators, and educators from 

traditionally underrepresented 

backgrounds or the communities they 

serve, to ensure that underserved 

students have educators from those 

backgrounds and communities and are 

not taught at disproportionately higher 

rates by uncertified, out-of-field, and 

novice teachers compared to their 

peers.8

Program Requirements: These 

program requirements are from sections 

4644(c) and (g) of the ESEA (20 U.S.C. 

7294(c) and (g)). For FY 2022 and any 

subsequent year in which we make 

awards from the list of unfunded 

applications, the following program 

requirements apply: 

Uses of Funds: Programs and projects 

funded under this competition may 

include any of the following: 

(a) Conducting evidence-based 

research on methods and techniques for 

identifying and teaching gifted and 

talented students and for using gifted 

and talented programs and methods to 

identify and provide the opportunity for 

all students to be served, particularly 

low-income and at-risk students. 

(b) Establishing and operating 

programs and projects for identifying 

and serving gifted and talented 

students, including innovative methods 

and strategies (such as summer 

programs, mentoring programs, peer 

tutoring programs, service-learning 

programs, and cooperative learning 

programs involving business, industry, 

and education) for identifying and 

educating students who may not be 

served by traditional gifted and talented 

programs. 

(c) Providing technical assistance and 

disseminating information, which may 

include how gifted and talented 

programs and methods may be adapted 

for use by all students, particularly lowincome and at-risk students. (Section 

4644(c) of the ESEA). 

Equitable Participation of Private 

School Students and Teachers: Grant 

recipients under this program must 

provide for the equitable participation 

of students and teachers in private 

nonprofit elementary schools and 

secondary schools, including the 

participation of teachers and other 

personnel in professional development 

programs serving such students. 

(Section 4644(g) of the ESEA). 

Application Requirements: These 

application requirements are from 

section 4644(b) and (c) of the ESEA (20 

U.S.C. 7294(b) and (c)). For FY 2022 and 


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9 In accordance with sections 4644(a) and 

8101(45) of the ESEA, disconnected youth may only 

receive Javits program services through secondary 

schools. See 20 U.S.C. 7294(a) and 7801(45). 

any subsequent year in which we make 

awards from the list of unfunded 

applications from this competition, the 

following application requirements 

apply: 

Each application must describe how— 

(1) The proposed identification 

methods, as well as gifted and talented 

services, materials, and methods, can be 

adapted, if appropriate, for use by all 

students; 

(2) The proposed programs can be 

evaluated; and 

(3) The proposed project will provide 

for training of personnel in the 

identification and education of gifted 

and talented students and in the use, 

where appropriate, of gifted and 

talented services, materials, and 

methods for all students. 

Definitions: These definitions are 

from section 8101 of the ESEA (20 

U.S.C. 7801), 34 CFR 77.1, and the 

Supplemental Priorities. These 

definitions apply to the FY 2022 Javits 

grant competition and any subsequent 

year in which we make awards from the 

list of unfunded applications from this 

competition. 

Child with a disability (or children 

with disabilities), unless otherwise 

indicated, has the same meaning given 

that term in section 602 of IDEA, which 

is— 

(1) A child— 

(i) With intellectual disabilities, 

hearing impairments (including 

deafness), speech or language 

impairments, visual impairments 

(including blindness), serious emotional 

disturbance (referred to in the IDEA 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. 

(2) The term ‘‘child with a disability,’’ 

for a child aged three through nine (or 

any subset of that age range, including 

ages three through five), may, at the 

discretion of the State and the local 

educational agency, include a child— 

(i) Experiencing developmental 

delays, as defined by the State and as 

measured by appropriate diagnostic 

instruments and procedures, in one or 

more of the following areas: physical 

development; cognitive development; 

communication development; social or 

emotional development; or adaptive 

development; and 

(ii) Who, by reason thereof, needs 

special education and related services. 

(Section 8101(4) of the ESEA). 

Competency-based education (also 

called proficiency-based or masterybased learning) means learning based on 

knowledge and skills that are 

transparent and measurable. Progression 

is based on demonstrated mastery of 

what students are expected to know 

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

rather than seat time or age. 

(Supplemental Priorities). 

Disconnected youth means an 

individual, between the ages 14 and 24, 

who may be from a low-income 

background, experiences homelessness, 

is in foster care, is involved in the 

justice system, or is not working or not 

enrolled in (or at risk of dropping out of) 

an educational institution. 

(Supplemental Priorities).9

Educator means an individual who is 

an early learning (as defined in the 

Supplemental Priorities) educator, 

teacher, principal or other school leader, 

specialized instructional support 

personnel (e.g., school psychologist, 

counselor, school social worker, early 

intervention service personnel), 

paraprofessional, or faculty. 

(Supplemental Priorities). 

Elementary school means a nonprofit 

institutional day or residential school, 

including a public elementary charter 

school, that provides elementary 

education, as determined under State 

law. (Section 8101(19) of the ESEA). 

English learner, unless otherwise 

indicated, when used with respect to an 

individual, means an individual— 

(1) Who is aged three through 21; 

(2) Who is enrolled or preparing to 

enroll in an elementary school or 

secondary school; 

(3)(i) Who was not born in the United 

States or whose native language is a 

language other than English; 

(ii)(A) Who is a Native American or 

Alaska Native, or a native resident of the 

outlying areas; and 

(B) Who comes from an environment 

where a language other than English has 

had a significant impact on the 

individual’s level of English language 

proficiency; or 

(iii) Who is migratory, whose native 

language is a language other than 

English, and who comes from an 

environment where a language other 

than English is dominant; and 

(4) Whose difficulties in speaking, 

reading, writing, or understanding the 

English language may be sufficient to 

deny the individual— 

(i) The ability to meet the challenging 

State academic standards; 

(ii) The ability to successfully achieve 

in classrooms where the language of 

instruction is English; or 

(iii) The opportunity to participate 

fully in society. (Section 8101(20) of the 

ESEA). 

Evidence-based, when used with 

respect to a State, local educational 

agency, or school activity, means an 

activity, strategy, or intervention that 

demonstrates a statistically significant 

effect on improving student outcomes or 

other relevant outcomes based on— 

(1) Strong evidence from at least one 

well designed and well-implemented 

experimental study; 

(2) Moderate evidence from at least 

one well-designed and wellimplemented quasi-experimental study; 

or 

(3) Promising evidence from at least 

one well-designed and well 

implemented correlational study with 

statistical controls for selection bias. 

(Section 8101(21) of the ESEA). 

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 

What Works Clearinghouse Handbooks 

(WWC Handbooks): 

(1) 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). 

(2) 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. 

(3) 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. (34 CFR 77.1). 

Gifted and talented, when used with 

respect to students, children, or youth, 

means students, children, or youth who 

give evidence of high achievement 


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capability in areas such as intellectual, 

creative, artistic, or leadership capacity, 

or in specific academic fields, and who 

need services or activities not ordinarily 

provided by the school in order to fully 

develop those capabilities. (Section 

8101(27) of the ESEA). 

Military- or veteran-connected student 

means one or more of the following: 

(1) A student enrolled in preschool 

through grade 12 or a student enrolled 

in career and technical education who 

has a parent or guardian who is a 

member of the uniformed services (as 

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

Navy, Air Force, Marine Corps, Coast 

Guard, Space Force, National Guard, 

Reserves, National Oceanic and 

Atmospheric Administration, or Public 

Health Service or is a veteran of the 

uniformed services with an honorable 

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

3311). 

(2) A student who is a member of the 

uniformed services, a veteran of the 

uniformed services, or the spouse of a 

service member or veteran. 

(3) A student enrolled in preschool 

through grade 12 or a student enrolled 

in career and technical education who 

has a parent or guardian who is a 

veteran of the uniformed services (as 

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

(Supplemental Priorities). 

Moderate evidence means that there is 

evidence of effectiveness of a key 

project component in improving a 

relevant outcome for a sample that 

overlaps with the populations or 

settings proposed to receive that 

component, based on a relevant finding 

from one of the following: 

(1) A practice guide prepared by the 

WWC using version 2.1, 3.0, 4.0, or 4.1 

of the WWC Handbooks reporting a 

‘‘strong evidence base’’ or ‘‘moderate 

evidence base’’ for the corresponding 

practice guide recommendation; 

(2) An intervention report prepared by 

the WWC using version 2.1, 3.0, 4.0, or 

4.1 of the WWC Handbooks reporting a 

‘‘positive effect’’ or ‘‘potentially positive 

effect’’ on a relevant outcome based on 

a ‘‘medium to large’’ extent of evidence, 

with no reporting of a ‘‘negative effect’’ 

or ‘‘potentially negative effect’’ on a 

relevant outcome; or 

(3) A single experimental study or 

quasi-experimental design study 

reviewed and reported by the WWC 

using version 2.1, 3.0, 4.0, or 4.1 of the 

WWC Handbooks, or otherwise assessed 

by the Department using version 4.1 of 

the WWC Handbooks, as appropriate, 

and that— 

(i) Meets WWC standards with or 

without reservations; 

(ii) Includes at least one statistically 

significant and positive (i.e., favorable) 

effect on a relevant outcome; 

(iii) Includes no overriding 

statistically significant and negative 

effects on relevant outcomes reported in 

the study or in a corresponding WWC 

intervention report prepared under 

version 2.1, 3.0, 4.0, or 4.1 of the WWC 

Handbooks; and 

(iv) Is based on a sample from more 

than one site (e.g., State, county, city, 

school district, or postsecondary 

campus) and includes at least 350 

students or other individuals across 

sites. Multiple studies of the same 

project component that each meet 

requirements in paragraphs (3)(i), (ii), 

and (iii) of this definition may together 

satisfy this requirement in this 

paragraph (3)(iv). (34 CFR 77.1). 

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). (34 CFR 77.1). 

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: 

(1) A practice guide prepared by 

WWC reporting a ‘‘strong evidence 

base’’ or ‘‘moderate evidence base’’ for 

the corresponding practice guide 

recommendation; 

(2) 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 

(3) A single study assessed by the 

Department, as appropriate, that— 

(i) 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 

(ii) Includes at least one statistically 

significant and positive (i.e., favorable) 

effect on a relevant outcome. (34 CFR 

77.1). 

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 

Handbooks. (34 CFR 77.1). 

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. (34 CFR 77.1). 

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. 

Strong evidence means that there is 

evidence of the effectiveness of a key 

project component in improving a 

relevant outcome for a sample that 

overlaps with the populations and 

settings proposed to receive that 

component, based on a relevant finding 

from one of the following: 

(1) A practice guide prepared by the 

WWC using version 2.1, 3.0, 4.0, or 4.1 

of the WWC Handbooks reporting a 

‘‘strong evidence base’’ for the 

corresponding practice guide 

recommendation; 

(2) An intervention report prepared by 

the WWC using version 2.1, 3.0, 4.0, or 

4.1 of the WWC Handbooks reporting a 

‘‘positive effect’’ on a relevant outcome 

based on a ‘‘medium to large’’ extent of 

evidence, with no reporting of a 

‘‘negative effect’’ or ‘‘potentially 

negative effect’’ on a relevant outcome; 

or 

(3) A single experimental study 

reviewed and reported by the WWC 

using version 2.1, 3.0, 4.0, or 4.1 of the 

WWC Handbooks, or otherwise assessed 

by the Department using version 4.1 of 

the WWC Handbook, as appropriate, 

and that— 

(i) Meets WWC standards without 

reservations; 

(ii) Includes at least one statistically 

significant and positive (i.e., favorable) 

effect on a relevant outcome; 

(iii) Includes no overriding 

statistically significant and negative 

effects on relevant outcomes reported in 

the study or in a corresponding WWC 

intervention report prepared under 

version 2.1, 3.0, 4.0, or 4.1 of the WWC 

Handbooks; and 

(iv) Is based on a sample from more 

than one site (e.g., State, county, city, 

school district, or postsecondary 

campus) and includes at least 350 

students or other individuals across 

sites. Multiple studies of the same 

project component that each meet 

requirements in paragraphs (3)(i), (ii), 

and (iii) of this definition may together 


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10The Javits program supports gifted and talented 

programs and their students in elementary schools 

and secondary schools. For each of the subgroups 

of underserved students included in this definition, 

for the purpose of this program, we refer to those 

students who are in elementary schools and 

secondary schools, which includes students in 

preschool in those States in which elementary 

education includes preschool. 

11See the definition of English learner in the 

Definitions section in this notice. The terms limited 

English proficient and English learner have the 

same meaning. 

satisfy the requirement in this paragraph 

(3)(iv). (34 CFR 77.1). 

Underserved student means a student 

(which includes students in K–12 

programs and students in career and 

technical education, as appropriate) 10

in one or more of the following 

subgroups: 

(1) A student who is living in poverty 

or is served by schools with high 

concentrations of students living in 

poverty. 

(2) A student of color. 

(3) A student who is a member of a 

federally recognized Indian Tribe. 

(4) An English learner. 

(5) A child or student with a 

disability. 

(6) A disconnected youth. 

(7) A technologically unconnected 

youth. 

(8) A migrant student. 

(9) A pregnant, parenting, or 

caregiving student. 

(10) A student performing 

significantly below grade level. 

(11) A military- or veteran-connected 

student. 

For the purpose of the definition of 

underserved student only— 

‘‘Child or student with a disability’’ 

means children with disabilities as 

defined in section 602(3) of the 

Individuals with Disabilities Education 

Act (IDEA) (20 U.S.C. 1401(3)) and 34 

CFR 300.8, or students with disabilities, 

as defined in the Rehabilitation Act of 

1973 (29 U.S.C. 705(37), 705(202)(B)); 

and 

‘‘English learner’’ means an 

individual who is an English learner as 

defined in section 8101(20) of the ESEA, 

or an individual who is an English 

language learner as defined in section 

203(7) of the Workforce Innovation and 

Opportunity Act. (Supplemental 

Priorities). 

Universal design for learning means a 

scientifically valid framework for 

guiding educational practice that— 

(1) Provides flexibility in the ways 

information is presented, in the ways 

students respond or demonstrate 

knowledge and skills, and in the ways 

students are engaged; and 

(2) Reduces barriers in instruction, 

provides appropriate accommodations, 

supports, and challenges, and maintains 

high achievement expectations for all 

students including students with 

disabilities and students who are 

limited English proficient.11

(Supplemental Priorities). 

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 34 CFR 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. (34 CFR 

77.1). 

Program Authority: Section 4644 of 

the ESEA (20 U.S.C. 7294). 

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 (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) The 

regulations in 34 CFR part 299. (e) The 

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 part 86 

apply only to institutions of higher education 

(IHEs). 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: The 

Administration has requested 

$13,500,000 for awards for the Javits 

program for FY 2022, of which we 

intend to use an estimated $6,600,000 

for this competition. 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 FY 

2023 and subsequent years from the list 

of unfunded applications from this 

competition. 

Estimated Range of Awards: $450,000 

to $730,000. 

Estimated Average Size of Awards: 

$600,000. 

Estimated Number of Awards: 9–15. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: 60 months. 

III. Eligibility Information 

1. Eligible Applicants: To be 

considered for an award under this 

competition, an applicant must be one 

or more of the following: 

(1) State educational agency; 

(2) Local educational agency; 

(3) Bureau of Indian Education; 

(4) IHE; 

(5) Other public agency; or 

(6) Other private agency or 

organization. 

2. a. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. 

b. Indirect Cost Rate Information: This 

program uses an unrestricted 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. 

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 the 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 

December 27, 2021 (86 FR 73264) and 

available at www.federalregister.gov/d/ 

2021–27979, which contain 


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requirements and information on how to 

submit an application. Please note that 

these Common Instructions supersede 

the version published on February 13, 

2019, and, in part, describe the 

transition from the requirement to 

register in SAM.gov a DUNS number to 

the implementation of the UEI. More 

information on the phase-out of DUNS 

numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

2. Submission of Proprietary 

Information: Given the types of projects 

that may be proposed in applications for 

the Javits program, your application 

may include business information that 

you consider proprietary. In 34 CFR 

5.11(c) 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 

program 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 30 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; the one-page abstract, 

resumes, bibliography, or 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 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) Need for the Project (up to 5 

points). 

The Secretary considers the need for 

the proposed project. In determining the 

need for the proposed project, the 

Secretary considers the extent to which 

specific gaps or weaknesses in services, 

infrastructure, or opportunities have 

been identified and will be addressed by 

the proposed project, including the 

nature and magnitude of those gaps or 

weaknesses. 

(b) 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 proposed 

project is designed to build capacity and 

yield results that will extend beyond the 

period of Federal financial assistance; 

(4) The extent to which the design of 

the proposed project reflects up-to-date 

knowledge from research and effective 

practice; 

(5) The extent to which the proposed 

project is supported by promising 

evidence; and 

(6) The extent to which performance 

feedback and continuous improvement 

are integral to the design of the 

proposed project. 

(c) 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 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 

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; and 

(3) The extent to which the time 

commitments of the project director and 

principal investigator and other key 

project personnel are appropriate and 

adequate to meet the objectives of the 

proposed project. 

(d) Quality of Project Services (up to 

30 points). 

The Secretary considers the quality of 

the services to be provided by the 

proposed project. 

(1) 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. 

(2) In addition, the Secretary 

considers the likely impact of the 

services to be provided by the proposed 

project on the intended recipients of 

those services. 

(e) Quality of Project Personnel (up to 

5 points). 

The Secretary considers the quality of 

the personnel who will carry out the 

proposed project. 

(1) In determining the quality of 

project personnel, the Secretary 


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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. 

(2) In addition, the Secretary 

considers the following factors— 

(i) The qualifications, including 

relevant training and experience, of the 

project director or principal 

investigator; and 

(ii) The qualifications, including 

relevant training and experience, of key 

project personnel. 

(f) Adequacy of Resources (up to 10 

points). 

The Secretary considers the adequacy 

of resources for the proposed project. In 

determining the adequacy of resources 

for the proposed project, the Secretary 

considers one or more of the following 

factors: 

(1) The extent to which the budget is 

adequate to support the proposed 

project; 

(2) The extent to which the costs are 

reasonable in relation to the objectives, 

design, and potential significance of the 

proposed project; and 

(3) The extent to which the costs are 

reasonable in relation to the number of 

persons to be served and to the 

anticipated results and benefits. 

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 

200.206, before awarding grants under 

this program 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 

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 

OMB’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 


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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 Department reporting under 

34 CFR 75.110, the Department has 

established the following performance 

measures for the Javits program: (1) The 

number of students newly identified as 

gifted and talented under the program; 

(2) The number of underserved students 

newly identified as gifted and talented 

under the program; (3) The percentage 

of students newly identified as gifted 

and talented under the program who 

were served under the program; (4) The 

percentage of underserved students 

newly identified as gifted and talented 

under the program who were served by 

the program; (5) Of the students served 

under the program who were in tested 

grades, the percentage who made gains 

on State assessments in mathematics; (6) 

Of the students served under the 

program who were in tested grades, the 

percentage who made gains on State 

assessments in science; (7) Of the 

students served under the program who 

were in tested grades, the percentage 

who made gains on State assessments in 

reading; and (8) The number of teachers 

and other educators who received 

services that enable them to better 

identify and improve instruction for 

gifted and talented students. 

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, 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 

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. 

Ruth E. Ryder, 

Deputy Assistant Secretary for Policy and 

Programs, Office of Elementary and 

Secondary Education. 

[FR Doc. 2022–03369 Filed 2–15–22; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2022–SCC–0018] 

Agency Information Collection 

Activities; Comment Request; HEERF 

Quarterly Budget and Expenditure 

Reporting 

AGENCY: Office of Postsecondary 

Education (OPE), Department of 

Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, ED is 

requesting the Office of Management 

and Budget (OMB) to conduct an 

emergency review of a revision of a 

currently approved collection. 

DATES: The Department is requesting 

emergency processing and OMB 

approval for this information collection 

by March 15, 2022; and therefore, the 

Department is requesting public 

comments by March 14, 2022. A regular 

clearance process is also hereby being 

initiated to provide the public with the 

opportunity to comment under the full 

comment period. Interested persons are 

invited to submit comments on or before 

April 18, 2022. 

ADDRESSES: To access and review all the 

documents related to the information 

collection listed in this notice, please 

use http://www.regulations.gov by 

searching the Docket ID number ED– 

2022–SCC–0018. Comments submitted 

in response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov by selecting the 

Docket ID number or via postal mail, 

commercial delivery, or hand delivery. 

If the regulations.gov site is not 

available to the public for any reason, 

ED will temporarily accept comments at 

ICDocketMgr@ed.gov. Please include the 

docket ID number and the title of the 

information collection request when 

requesting documents or submitting 

comments. Please note that comments 

submitted by fax or email and those 

submitted after the comment period will 

not be accepted. Written requests for 

information or comments submitted by 

postal mail or delivery should be 

addressed to the PRA Coordinator of the 

Strategic Collections and Clearance 

Governance and Strategy Division, U.S. 

Department of Education, 400 Maryland 

Ave. SW, LBJ, Room 6W208D, 

Washington, DC 20202–8240. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Karen Epps, 

202–453–6337. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 


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