[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36262-36269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14714]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Applications for New Awards; Teacher and School Leader Incentive 
Program

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

ACTION: Notice.

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

SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 for the Teacher and 
School Leader Incentive Program (TSL), Assistance Listing Number 
84.374A. This notice relates to the approved information collection 
under OMB control number 1810-0758.

DATES: 
    Applications available: July 9, 2021.
    Pre-application webinars: The Office of Elementary and Secondary 
Education intends to post pre-recorded informational webinars designed 
to provide technical assistance to interested applicants for TSL 
grants. These informational webinars will be available on the TSL web 
page shortly after this notice is published in the Federal Register.
    Deadline for optional notice of intent to apply: July 30, 2021.
    Deadline for transmittal of applications: August 13, 2021.
    Deadline for intergovernmental review: October 12, 2021.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/FR-2019-02-13/pdf/2019-02206.pdf.
    The informational webinars will be available on the TSL web page at 
oese.ed.gov/offices/office-of-discretionary-grants-support-services/effective-educator-development-programs/teacher-and-school-leader-incentive-program/applicant-info-eligibility/. A TSL Frequently Asked 
Questions document will also be published on the TSL program web page 
as soon as it is available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/effective-educator-development-programs/teacher-and-school-leader-incentive-program/.

FOR FURTHER INFORMATION CONTACT: Orman Feres, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3C140, Washington, DC 20202-
5960. Telephone: (202) 453-6921. Email: <a href="/cdn-cgi/l/email-protection#bed1ccd3dfd090d8dbccdbcdfedbda90d9d1c8"><span class="__cf_email__" data-cfemail="8be4f9e6eae5a5edeef9eef8cbeeefa5ece4fd">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#baeee9f6fadfde94ddd5cc"><span class="__cf_email__" data-cfemail="dd898e919db8b9f3bab2ab">[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.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of TSL is to assist States, local 
educational agencies (LEAs), and nonprofit organizations to develop, 
implement, improve, or expand comprehensive Performance-Based 
Compensation Systems (PBCS) \1\ or Human Capital Management Systems 
(HCMS) for teachers, principals, and other School Leaders (educators) 
(especially for educators in High-Need Schools who raise student growth 
and academic achievement and close the achievement gap between high- 
and low-performing students). In addition, a portion of TSL funds may 
be used to study the effectiveness, fairness, quality, consistency, and 
reliability of PBCS or HCMS for educators.
---------------------------------------------------------------------------

    \1\ Throughout this notice, all defined terms are denoted with 
capitals.
---------------------------------------------------------------------------

    Background: TSL is authorized under section 2212 of the Elementary 
and Secondary Education Act of 1965, as amended by the Every Student 
Succeeds Act (ESEA).
    The FY 2021 TSL competition is designed to support entities in 
implementing, improving, or expanding their HCMS, which by definition 
must include a PBCS, or implementing, improving, or expanding only a 
PBCS. Absolute Priority 1 is consistent with this purpose. TSL is also 
intended to primarily serve educators in High-Need Schools who raise 
student academic achievement and close the achievement gap between 
high- and low-performing students, although the program may also fund 
services for educators serving in high-need subject areas (though not 
necessarily in High-Need Schools), as determined by the LEA or the 
State.
    It is well established that teacher effectiveness contributes 
greatly to student academic outcomes, yet there is variation in teacher 
effectiveness within and across schools, including significant inequity 
in students' access to effective teachers, particularly for students 
from low-income backgrounds, students of color, English learners, and 
students with disabilities. As such, it is essential to attract and 
retain a well-qualified, experienced, effective, and diverse pool of 
skilled educators who are prepared to teach diverse learners (e.g., 
through co-teaching models, dual certifications, universal design for 
learning), particularly in High-Need Schools.
    Many States and LEAs have worked to create and improve their 
comprehensive HCMS, and LEAs have invested in high-quality educator 
evaluation and support systems in order to improve recruitment and 
retention efforts, provide educators with meaningful feedback and 
targeted Evidence-Based professional development, and use information 
across multiple indicators of educator performance to inform key 
school- and district-level decisions. In contrast to earlier Teacher 
Incentive Fund (TIF) competitions, the Department, in the 2017 and 2020 
TSL competitions, as well as the 2016 Teacher Incentive Fund (TIF) 
competition, funded projects that encompassed broader HCMS, including 
spending decisions related to professional development, that supported 
sustainable performance-based compensation. These competitions focused 
on projects under which grantees deployed a variety of human capital 
management strategies throughout an educator's career trajectory (e.g., 
from pre-service through retention) to help support and sustain the 
grantees' PBCS. For example, several grantees in these cohorts 
developed and implemented career ladders to give educators 
opportunities for leadership and advancement inside and outside the 
classroom, using program funds to supplement the salaries of master 
mentor teachers.
    Thus, through the two absolute priorities included in this notice, 
the Department seeks to ensure that this competition supports States 
and LEAs in their efforts to implement goals and objectives in ESEA 
consolidated State plans as well as lessons learned from close to two 
decades of investment and research in HCMS and PBCS.
    The Department has established a new definition of High-Need 
Schools that clarifies the requirement that TSL program activities 
primarily serve High-Need Schools, and Absolute Priority 2 addresses 
the extent to which TSL-funded grant project activities are 
concentrated in High-Need Schools. The Department established the 
definition and priority based on lessons learned from recent TSL 
competitions, which highlighted the need to better target the

[[Page 36263]]

program to educators and students in High-Need Schools.
    In addition to Absolute Priority 2, which reinforces the need to 
serve educators primarily in High-Need Schools, this notice includes 
two competitive preference priorities aimed at diversifying and 
strengthening the educator workforce. Competitive Preference Priority 
1, Supporting Educators and their Professional Growth, emphasizes the 
importance of promoting the continued development and growth of 
educators, including through leadership opportunities. This competitive 
preference priority focuses on activities that are designed to attract 
and retain a well-qualified, experienced, effective, and diverse pool 
of skilled educators. Competitive Preference Priority 2, Increasing 
Educator Diversity, highlights the critical need to increase the 
diversity of the educator workforce, to help ensure equity in our 
education system for the benefit of all students. This competitive 
preference priority focuses on activities that are designed to address 
educator diversity through a broader lens of equity and inclusion, with 
an emphasis on outreach, recruitment, preparation, support, and 
retention.
    Priorities: This notice contains two absolute priorities and two 
competitive preference priorities. In accordance with 34 CFR 
75.105(b)(2)(v), Absolute Priority 1 is from ESEA section 2212(e)(1) 
and (2); and Absolute Priority 2 is from the TSL notice of final 
priority and definition published elsewhere in this issue of the 
Federal Register (TSL NFP). In accordance with 34 CFR 75.105(b)(2)(ii), 
Competitive Preference Priorities 1 and 2 are from the Effective 
Educator Development (EED) notice of final priorities published 
elsewhere in this issue of the Federal Register (EED NFP).
    Absolute Priority: For FY 2021 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet both absolute 
priorities.
    These priorities are:
    Absolute Priority 1: Human Capital Management Systems (HCMS) or 
Performance Based Compensation Systems (PBCS).
    Under this priority, eligible applicants must propose a project to 
develop, implement, improve, or expand, in collaboration with teachers, 
principals, other School Leaders, and members of the public, a PBCS or 
HCMS.
    Applicants that propose to use grant funds, under ESEA section 
2212(e)(2)(A), to develop or improve an evaluation and support system 
as part of an HCMS, in responding to this priority, must describe how 
such system--
    (a) Reflects clear and fair measures of educator performance, based 
in part on demonstrated improvement in student academic achievement; 
and
    (b) Provides educators with ongoing, differentiated, targeted, and 
personalized support and feedback for improvement, including 
professional development opportunities designed to increase 
effectiveness.
    Absolute Priority 2: High-Need Schools.
    Under this priority, eligible applicants must concentrate proposed 
activities on teachers, principals, or other School Leaders serving in 
High-Need Schools.
    In order to demonstrate that the TSL project is concentrated in 
High-Need Schools, the applicant must--
    (a) Provide the requested data in paragraph (c) of this priority to 
demonstrate that at least the majority of the schools participating in 
the proposed project are High-Need Schools and describe how the TSL-
assisted grant activities are focused on those schools;
    (b) Include a list of all schools in which the proposed TSL-funded 
project would be implemented and indicate which schools are High-Need 
Schools; and
    (c) Provide the most recently available school-level data 
supporting each school's designation as a High-Need School.
    Competitive Preference Priorities: For FY 2021 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award up to 5 points to an 
application, depending on how well the application meets Competitive 
Preference Priority 1. We award up to an additional 5 points to an 
application depending on how well the application meets Competitive 
Preference Priority 2. An application may be awarded a maximum of 10 
additional points under the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--Supporting Educators and Their 
Professional Growth. (up to 5 points)
    Projects that are designed to increase the number and percentage of 
well-prepared, experienced, effective, and diverse educators--which may 
include one or more of the following: Teachers, principals, 
paraprofessionals, or other School Leaders as defined in section 
8101(44) of the ESEA--through Evidence-Based strategies incorporating 
one or more of the following:
    (a) Adopting, implementing, or expanding efforts to recruit, 
select, prepare, support, and develop talented individuals--to serve as 
mentors, instructional coaches, principals, or School Leaders in High-
Need Schools who have the knowledge and skills to significantly improve 
instruction.
    (b) Implementing practices or strategies that support High-Need 
Schools in recruiting, preparing, hiring, supporting, developing, and 
retaining qualified, experienced, effective, and diverse educators.
    (c) Increasing the number of teachers with State or national 
advanced educator certification or certification in a teacher shortage 
area, as determined by the Secretary, such as special education or 
bilingual education.
    (d) Providing high-quality professional development opportunities 
to all educators in High-Need Schools on meeting the needs of diverse 
learners, including students with disabilities and English learners.
    Competitive Preference Priority 2--Increasing Educator Diversity. 
(up to 5 points)
    Under this priority, applicants must develop projects that are 
designed to improve the recruitment, outreach, preparation, support, 
development, and retention of a diverse educator workforce through 
adopting, implementing, or expanding one or more of the following:
    (a) Educator candidate support and preparation strategies and 
practices focused on underrepresented teacher candidates, and which may 
include ``grow your own programs,'' which typically recruit middle or 
high school students, paraprofessionals, or other school staff and 
provide them with clear pathways and intensive support to enter the 
teaching profession.
    (b) Professional growth and leadership opportunities for diverse 
educators, including opportunities to influence school, district, or 
State policies and practices in order to improve educator diversity.
    (c) High-quality professional development on addressing bias in 
instructional practice and fostering an inclusive, equitable, and 
supportive workplace and school climate for educators.
    (d) Data systems, timelines, and action plans for promoting 
inclusive and bias-free human resources practices that promote and 
support development of educator and school leader diversity.
    Application Requirements: For FY 2021 and any subsequent year in 
which we make awards from the list of

[[Page 36264]]

unfunded applications from this competition, the following application 
requirements from ESEA section 2212(c) apply.
    Each eligible applicant desiring a grant under this program must 
submit an application that contains--
    (i) A description of the PBCS or HCMS that the eligible entity 
proposes to develop, implement, improve, or expand through the grant;
    (ii) A description of the most significant gaps or insufficiencies 
in student access to effective educators in High-Need Schools, 
including gaps or inequities in how effective educators are distributed 
across the LEA, as identified using factors such as data on school 
resources, staffing patterns, school environment, educator support 
systems, and other school-level factors;
    (iii) A description and evidence of the support and commitment from 
educators, which may include charter School Leaders, in the school 
(including organizations representing educators), the community, and 
the LEA to the activities proposed under the grant;
    (iv) A description of how the eligible entity will develop and 
implement a fair, rigorous, valid, reliable, and objective process to 
evaluate educator performance under the system that is based in part on 
measures of student academic achievement, including the baseline 
performance against which evaluations of improved performance will be 
made;
    (v) A description of the LEAs or schools to be served under the 
grant, including student academic achievement, demographic, and 
socioeconomic information;
    (vi) A description of the effectiveness of educators in the LEA and 
the schools to be served under the grant and the extent to which the 
system will increase the effectiveness of educators in such schools;
    (vii) A description of how the eligible entity will use grant funds 
under this subpart in each year of the grant, including a timeline for 
implementation of such activities;
    (viii) A description of how the eligible entity will continue the 
activities assisted under the grant after the grant period ends;
    (ix) A description of the State, local, or other public or private 
funds that will be used to supplement the grant, including funds under 
Title II, part A of the ESEA, and sustain the activities assisted under 
the grant after the end of the grant period;
    (x) A description of the rationale for the project; how the 
proposed activities are Evidence-Based; and, if applicable, the prior 
experience of the eligible entity in developing and implementing such 
activities; and
    (xi) A description of how grant activities will be evaluated, 
monitored, and publicly reported.
    Definitions: The definitions of ``Human Capital Management System'' 
and ``Performance-Based Compensation System'' are from section 2211 of 
the ESEA. The definitions of ``Evidence-Based'' and ``School Leader'' 
are from section 8101 of the ESEA (20 U.S.C. 7801). The definitions of 
``Baseline,'' ``Demonstrates a Rationale,'' ``Experimental Study,'' 
``Logic Model,'' ``Moderate Evidence,'' ``Project Component,'' 
``Promising Evidence,'' ``Quasi-Experimental Design study,'' ``Relevant 
Outcome,'' ``Strong Evidence,'' and ``What Works Clearinghouse 
Handbooks (WWC Handbooks)'' are from 34 CFR 77.1. The definition of 
``High-Need School'' is from the TSL NFP. These definitions apply to 
the FY 2021 grant competition and any subsequent year in which we make 
awards from the list of unfunded applications from this competition.
    Baseline means the starting point from which performance is 
measured and targets are set.
    Demonstrates a Rationale means a key Project Component included in 
the project's Logic Model is informed by research or evaluation 
findings that suggest the Project Component is likely to improve 
Relevant Outcomes.
    Evidence-Based, when used with respect to a State, LEA, or school 
activity, means an activity, strategy, or intervention that--
    (1) Demonstrates a statistically significant effect on improving 
student outcomes or other Relevant Outcomes based on--
    (i) Strong Evidence from at least one well-designed and well-
implemented Experimental Study;
    (ii) Moderate Evidence from at least one well-designed and well-
implemented Quasi-Experimental Design Study; or
    (iii) Promising Evidence from at least one well-designed and well-
implemented correlational study with statistical controls for selection 
bias; or
    (ii)(A) Demonstrates a Rationale based on high-quality research 
findings or positive evaluation that such activity, strategy, or 
intervention is likely to improve student outcomes or other Relevant 
Outcomes; and
    (2) Includes ongoing efforts to examine the effects of such 
activity, strategy, or intervention.
    Experimental Study means a study that is designed to compare 
outcomes between two groups of individuals (such as students) that are 
otherwise equivalent except for their assignment to either a treatment 
group receiving a Project Component or a control group that does not. 
Randomized controlled trials, regression discontinuity design studies, 
and single-case design studies are the specific types of experimental 
studies that, depending on their design and implementation (e.g., 
sample attrition in randomized controlled trials and regression 
discontinuity design studies), can meet What Works Clearinghouse (WWC) 
standards without reservations as described in the WWC Handbooks:
    (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.
    High-Need School means a school with 50 percent or more of its 
enrollment from low-income families as calculated using--
    (1) The number of children eligible for a free or reduced-price 
lunch under the National School Lunch Program (NSLP) (or, if an LEA 
does not participate in the NSLP, comparable data from another source 
such as a survey);
    (2) If an LEA has one or more schools that participate in the 
Community Eligibility Provision (CEP) of the NSLP, for any of its 
schools (i.e., CEP and non-CEP schools), the method in paragraph (1) of 
this definition or an alternative method approved by the Department; 
and
    (3) For middle and high schools, data from feeder schools that can 
establish that the middle or high school is a High-Need School under 
paragraph (1) or (2) of this definition.
    Human Capital Management System (HCMS) means a system--
    (1) By which an LEA makes and implements human capital decisions, 
such as decisions on preparation, recruitment, hiring, placement, 
retention, dismissal, compensation,

[[Page 36265]]

professional development, tenure, and promotion; and
    (2) That includes a performance-based compensation system.
    Logic Model (also referred to as a theory of action) means a 
framework that identifies key Project Components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the Relevant Outcomes) and describes the 
theoretical and operational relationships among the key Project 
Components and Relevant Outcomes.
    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 the 
requirement in this paragraph (3)(iv).
    Performance-Based Compensation System (PBCS) means a system of 
compensation for teachers, principals, or other School Leaders--
    (1) That differentiates levels of compensation based in part on 
measurable increases in student academic achievement; and
    (2) Which may include--
    (i) Differentiated levels of compensation, which may include bonus 
pay, on the basis of the employment responsibilities and success of 
effective teachers, principals, or other School Leaders in hard-to-
staff schools or high-need subject areas; and
    (ii) Recognition of the skills and knowledge of teachers, 
principals, or other School Leaders as demonstrated through--
    (A) Successful fulfillment of additional responsibilities or job 
functions, such as teacher leadership roles; and
    (B) Evidence of professional achievement and mastery of content 
knowledge and superior teaching and leadership skills.
    Project Component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual Project Component or to a combination of 
Project Components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Promising Evidence means that there is evidence of the 
effectiveness of a key Project Component in improving a Relevant 
Outcome, based on a relevant finding from one of the following:
    (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.
    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.
    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.
    School Leader means a principal, assistant principal, or other 
individual who is--
    (1) An employee or officer of an elementary school or secondary 
school, LEA, or other entity operating an elementary school or 
secondary school; and
    (2) Responsible for the daily instructional leadership and 
managerial operations in the elementary school or secondary school 
building.
    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 Handbooks, 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

[[Page 36266]]

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 the 
requirement in this paragraph (3)(iv).
    What Works Clearinghouse (WWC) 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 Sec.  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 
Handbooks documentation.
    Note: The What Works Clearinghouse Procedures and Standards 
Handbook (Version 3.0), as well as the more recent What Works 
Clearinghouse Handbooks released in October 2017 (Version 4.0) and 
January 2020 (Version 4.1), are available at https://ies.ed.gov/ncee/wwc/Handbooks.
    Program Authority: Sections 2211-2213 of the ESEA.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) TSL NFP. (e) EED NFP.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $88,060,000 for new awards.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $500,000 to $8.5 million.
    Note: The Department estimates a wide range of awards, given the 
potentially large differences in the scope of funded projects, 
including the size and number of participating LEAs.
    Estimated Average Size of Awards: $4,000,000.
    Estimated Number of Awards: 20-25.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants:
    (a) An LEA, including a charter school that is an LEA, or a 
consortium of LEAs; \2\
---------------------------------------------------------------------------

    \2\ Consistent with ESEA section 2212(b)(3), an LEA may receive 
a TSL grant (whether individually or as part of an eligible 
consortium or partnership) only twice.
---------------------------------------------------------------------------

    (b) A State educational agency (SEA) or other State agency 
designated by the Chief Executive of a State to participate;
    (c) The Bureau of Indian Education; or
    (d) A partnership \3\ consisting of--
---------------------------------------------------------------------------

    \3\ See Id.
---------------------------------------------------------------------------

    (i) One or more agencies described in paragraph (a), (b), or (c); 
and
    (ii) At least one nonprofit organization as defined in 2 CFR 200.70 
or at least one for-profit entity.
    Note: An LEA may receive (whether individually or as part of a 
consortium or partnership) a grant under the TSL program only twice.
    Note: The Secretary considers all schools funded by the Department 
of Interior's Bureau of Indian Education to be LEAs under section 
8101(30)(C) of the ESEA.
    Note: If you are a nonprofit organization, under 34 CFR 75.51, you 
may demonstrate your nonprofit status by providing: (1) Proof that the 
Internal Revenue Service currently recognizes the applicant as an 
organization to which contributions are tax deductible under section 
501(c)(3) of the Internal Revenue Code; (2) a statement from a State 
taxing body or the State attorney general certifying that the 
organization is a nonprofit organization operating within the State and 
that no part of its net earnings may lawfully benefit any private 
shareholder or individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; or (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate.
    2. a. Cost Sharing or Matching: Under section 2212(f) of the ESEA, 
each grant recipient must provide from non-Federal sources an amount 
equal to 50 percent of the amount of the grant (which may be provided 
in cash or in kind), to carry out the activities supported by the 
grant. Applicants and grantees should budget relative to each annual 
award of TSL grant funds. Applicants are strongly encouraged to take 
this requirement into account when requesting Federal funds and limit 
their requests appropriately. Applicants should verify that their 
budgets reflect both the requested Federal award amount and the 
matching contribution with appropriate cost allocations. TSL Matching 
Formula: Total Project Cost multiplied by .67 equals Federal Award 
Amount.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. In accordance with section 2212(g) of 
the ESEA, funds made available under this program must be used to 
supplement, and not supplant, other Federal or State funds that would 
otherwise be expended to carry out activities under this program. The 
Secretary considers all schools funded by the Department of Interior's 
Bureau of Indian Education to be LEAs, and the funds that these schools 
receive from the Department of Interior's annual appropriation to be 
neither Federal nor State funds. Further, the prohibition against 
supplanting also means that grantees seeking to charge indirect costs 
to TSL funds will need to use their negotiated restricted indirect cost 
rates. See 34 CFR 75.563 for more information.
    c. Indirect Cost Rate Information: This program uses a restricted 
indirect cost rate. For more information regarding indirect costs, or 
to obtain a negotiated indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.

[[Page 36267]]

    3. Subgrantees: Under 34 CFR 75.708(b) and (c), a grantee under 
this competition may award subgrants to directly carry out project 
activities described in its application to the following types of 
entities: LEAs, SEAs, nonprofit organizations or for-profit 
organizations. The grantee may award subgrants to entities it has 
identified in an approved application.
    4. Renewal: Under section 2212(b)(2) of the ESEA, the Secretary may 
renew a grant awarded under this section for up to two additional years 
if the grantee demonstrates to the Secretary that the grantee is 
effectively using funds. Such renewal may include allowing the grantee 
to scale up or replicate the successful program.
    Note: During the third year of the project period for grants 
awarded under this competition, if the Department exercises the option 
to offer an opportunity for renewals, the Department will provide 
grantees with information on the renewal process. This additional 
funding is intended not only to support continuation of approved 
project activities, but also to encourage scaling, replication, and 
sustainability efforts and strategies. In making decisions on whether 
to award a two-year renewal award, we intend to review performance data 
submitted in regularly required reporting, as well as potentially 
request narrative information to be assessed using selection criteria 
from 34 CFR 75.210.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for TSL, your application 
may include business information that you consider proprietary. In 34 
CFR 5.11, we define ``business information'' and describe the process 
we use in determining whether any of that information is proprietary 
and, thus, protected from disclosure under Exemption 4 of the Freedom 
of Information Act (5 U.S.C. 552, as amended). Because we plan to make 
successful applications available to the public, you may wish to 
request confidentiality of business information. Consistent with 
Executive Order 12600, please designate in your application any 
information that you believe is exempt from disclosure under Exemption 
4. In the appropriate Appendix section of your application, under 
``Other Attachments Form,'' please list the page number or numbers on 
which we can find this information. For additional information please 
see 34 CFR 5.11(c).
    3. Intergovernmental Review: This 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 program. Please note that, 
under 34 CFR 79.8(a), we have shortened the standard 60-day 
intergovernmental review period in order to make awards by the end of 
FY 2021.
    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 40 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, 
Calibri, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants who intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of the applicant's intent to 
submit an application. To do so, please email <a href="/cdn-cgi/l/email-protection#c591968985a0a1eba2aab3"><span class="__cf_email__" data-cfemail="84d0d7c8c4e1e0aae3ebf2">[email protected]</span></a> with the 
subject line ``Intent to Apply,'' and include the applicant's name and 
contact person's name and email address by July 30, 2021. 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 following selection criteria for this 
competition are from 34 CFR 75.210. The maximum score for all of the 
selection criteria is 100 points. The maximum score for each criterion 
is included in parentheses following its title.
    (a) Need for project (25 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining evidence of the need for the proposed project, 
the Secretary considers the following factors:
    (i) 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.
    (ii) The extent to which the proposed project will integrate with 
or build on similar or related efforts to improve Relevant Outcomes 
using existing funding streams from other programs or policies 
supported by community, State, and Federal resources.
    (iii) The extent to which the proposed project is part of a 
comprehensive effort to improve teaching and learning and support 
rigorous academic standards for students.
    (iv) 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.
    (b) Quality of the project design (30 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the proposed project Demonstrates a 
Rationale.
    (ii) The extent to which the design of the proposed project 
includes a thorough, high-quality review of the relevant literature, a 
high-quality plan for project implementation, and the use of 
appropriate methodological tools to ensure successful achievement of 
project objectives.
    (iii) The extent to which the methods of evaluation will provide 
performance

[[Page 36268]]

feedback and permit periodic assessment of progress toward achieving 
intended outcomes.
    (c) Quality of the management plan (20 points)
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers 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.
    (d) Adequacy of resources (25 points)
    (1) The Secretary considers the adequacy of resources for the 
proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The likelihood that the proposed project will result in system 
change or improvement.
    (ii) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (iii) The extent to which the applicant demonstrates that it has 
the resources to operate the project beyond the length of the grant, 
including a multi-year financial and operating model and accompanying 
plan; the demonstrated commitment of any partners; evidence of broad 
support from stakeholders (e.g., SEAs, teachers' unions) critical to 
the project's long-term success; or more than one of these types of 
evidence.
    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 competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions, and under 2 CFR 
3474.10 in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the

[[Page 36269]]

necessary processes and systems to comply with the reporting 
requirements in 2 CFR part 170 should you receive funding under the 
competition. This does not apply if you have an exception under 2 CFR 
170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    Note: In addition, under 34 CFR 75.591, all TSL grantees must 
cooperate in any evaluation of the program conducted by the Department.
    5. Performance Measures: The goal of TSL is to support educators, 
particularly those in High-Need Schools, to raise student academic 
achievement and close the achievement gap between high- and low-
performing students. We have established performance measures for this 
program: (a) The percentage of teachers and School Leaders within the 
TSL-assisted schools rated effective or higher by their districts' 
evaluation and support systems; (b) the percentage of teachers and 
School Leaders across the participating district(s) that show 
improvements, over the previous year, on the student growth component 
of their evaluation rating; (c) the percentage of teachers and School 
Leaders within the TSL-assisted schools that show improvements, over 
the previous year, on the student growth component of their evaluation 
rating; (d) the percentage of teachers and School Leaders in TSL-
assisted schools for whom evaluation ratings were used to inform 
decisions regarding recruitment, hiring, placement, retention, 
dismissal, professional development, tenure, promotion, or all of the 
above; (e) the percentage of teachers and School Leaders within the 
participating district(s) who earned performance-based compensation 
based on their individual evaluation ratings; (f) the percentage of 
teachers and School Leaders in TSL-funded schools who earned 
performance-based compensation based on their individual evaluation 
ratings; (g) the number of teachers receiving performance compensation 
disaggregated by race, gender, and where available, disability status; 
(h) the number of School Leaders receiving performance compensation 
disaggregated by race, gender, and where available, disability status; 
and (i) the number of teachers receiving performance compensation for 
leadership responsibilities disaggregated by race, gender, and where 
available, disability status.
    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.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2021-14714 Filed 7-8-21; 8:45 am]
BILLING CODE 4000-01-P


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