[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8812-8820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03369]


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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.

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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-transition-fact-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: 
<a href="/cdn-cgi/l/email-protection#d69bbfbab2a4b3b2f89eb9a4b8b3a4fb85bbbfa2be96b3b2f8b1b9a0"><span class="__cf_email__" data-cfemail="511c383d352334357f193e233f34237c023c3825391134357f363e27">[email protected]</span></a> or, Jennifer Brianas, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E239, Washington, DC 20202-
6450. Telephone: (202) 401-0299. Email: <a href="/cdn-cgi/l/email-protection#b5ffd0dbdbdcd3d0c79bf7c7dcd4dbd4c6f5d0d19bd2dac3"><span class="__cf_email__" data-cfemail="5319363d3d3a3536217d11213a323d32201336377d343c25">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
    Pre-Application Meeting Information: The Department will hold a 
pre-application 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-of-discretionary-grants-support-services/well-rounded-education-programs/jacob-k-javits-gifted-and-talented-students-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.
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    \1\ Terms defined in this notice are italicized.
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    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

[[Page 8813]]

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\
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    \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.
    \3\ Beckmann, E., & Minnaert, A. (2018). Non-cognitive 
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.
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    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\
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    \4\ Cao, 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.
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    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 socio-economic 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\
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    \5\ WestEd (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.
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    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

[[Page 8814]]

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\
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    \7\ The 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.
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    (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 well-rounded (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 
work-based 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\
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    \8\ All strategies to increase racial diversity of educators 
must comply with applicable law, including Title VI of the Civil 
Rights Act of 1964.
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    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 low-income 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

[[Page 8815]]

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 
mastery-based 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\
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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).
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    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 well-
implemented 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

[[Page 8816]]

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 quasi-experimental design study, or 
a well-designed 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

[[Page 8817]]

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:
---------------------------------------------------------------------------

    \10\ The 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.
---------------------------------------------------------------------------

    (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).
---------------------------------------------------------------------------

    \11\ See the definition of English learner in the Definitions 
section in this notice. The terms limited English proficient and 
English learner have the same meaning.
---------------------------------------------------------------------------

    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

[[Page 8818]]

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-transition-fact-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:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; the one-page abstract, resumes, 
bibliography, 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

[[Page 8819]]

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

[[Page 8820]]

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


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