36648 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

1Under these final requirements, ‘‘students from 

low-income families’’ has the same meaning as 

‘‘low-income students’’ under section 2002(a) of the 

ARP Act. ‘‘Students from low-income families’’ is 

a term used in section 312(d) of division M of the 

Coronavirus Response and Relief Supplemental 

Appropriations Act, 2021. 

2https://oese.ed.gov/files/2021/04/FINAL-ARPEANS-notice-4.12.21.pdf. 

Cumberland River from mile marker 

191.1 to mile marker 191.5. 

(b) Definitions: As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Ohio Valley (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM radio 

channel 16 or phone at 1–800–253– 

7465. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement periods. This rule 

will be enforced from 2 p.m. until 6:30 

p.m. on August 6, 2021, from noon until 

5 p.m. on August 7, 2021, and from 4:30 

p.m. until 7 p.m. on August 8, 2021. 

Dated: July 1, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–14644 Filed 7–12–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

RIN 1810–AB63 

American Rescue Plan Act Emergency 

Assistance to Non-Public Schools 

Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final requirements. 

SUMMARY: The U.S. Department of 

Education (Department) establishes 

requirements for the American Rescue 

Plan Emergency Assistance to NonPublic Schools (ARP EANS) program 

under the American Rescue Plan Act of 

2021 (ARP Act). This document is 

intended to clarify the requirements 

applicable to the ARP EANS program, 

including the requirement to provide 

services or assistance to non-public 

schools that enroll a significant 

percentage of students from low-income 

families and are most impacted by the 

novel Coronavirus Disease 2019 

(COVID–19) emergency. 

DATES: These final requirements are 

effective July 13, 2021. 

FOR FURTHER INFORMATION CONTACT: Britt 

Jung, U.S. Department of Education, 400 

Maryland Avenue SW, Washington, DC 

20202. Email: EANS@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

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

8339. 

SUPPLEMENTARY INFORMATION: 

Purpose of Program: Section 2002 of 

the ARP Act, titled ‘‘Emergency 

Assistance to Non-Public Schools,’’ 

appropriates $2,750,000,000 for the 

Department to make allocations to 

Governors under the ARP EANS 

program ‘‘to provide services or 

assistance to non-public schools that 

enroll a significant percentage of 

[students from low-income families] and 

are most impacted by the [COVID–19] 

emergency.’’ 1

Program Authority: ARP Act, Public 

Law 117–2, March 11, 2021. 

Background: The ARP Act extends the 

EANS program authorized under section 

312(d) of division M of the Coronavirus 

Response and Relief Supplemental 

Appropriations Act, 2021 (CRRSA Act), 

with two exceptions: (1) A State 

educational agency (SEA) may only 

provide services or assistance under 

ARP EANS to non-public schools that 

enroll a significant percentage of 

students from low-income families and 

are most impacted by the COVID–19 

emergency, and (2) an SEA may not use 

ARP EANS funds to provide 

reimbursements to any non-public 

school. 

Under the ARP EANS program, 

consistent with section 312(d)(1) of 

division M of the CRRSA Act, the 

Department will allot funds by formula 

to each Governor with an approved 

application based on the State’s relative 

share of children aged 5 through 17 who 

are from families at or below 185 

percent of the 2020 Federal poverty 

level and enrolled in non-public 

schools, as determined by the 

Department on the basis of non-public 

school enrollment data from the U.S. 

Census Bureau’s American Community 

Survey (ACS) Public Use Microdata 

Sample (PUMS) for 2015–2019, which 

can be accessed here: https://

www.census.gov/programs-surveys/acs/ 

microdata.html. The amount available 

to each State may be found at: https:// 

oese.ed.gov/offices/educationstabilization-fund/emergencyassistance-non-public-schools/. 

As described in more detail below, 

the Secretary of Education (Secretary) is 

establishing final requirements for the 

ARP EANS program to (1) make clear 

that, with the exceptions noted above, 

the requirements of the EANS program 

authorized under section 312(d) of 

division M of the CRRSA Act (CRRSA 

EANS) apply to ARP EANS, and (2) 

establish guidelines to determine that a 

non-public school enrolls a significant 

percentage of students from low-income 

families and is most impacted by the 

COVID–19 emergency. 

Prior to issuing these final 

requirements, the Department invited 

comment regarding implementation of 

the requirement ‘‘to provide services or 

assistance to non-public schools that 

enroll a significant percentage of 

[students from low-income families] and 

are most impacted by the [COVID–19] 

emergency’’ as part of the Notice 

Inviting Applications and Announcing 

Allocations for the Emergency 

Assistance to Non-Public Schools 

Program Under the American Rescue 

Plan Act of 2021, issued on April 12, 

2021.2 The Department received 66 

comments, which it reviewed and 

considered in developing these final 

requirements. 

With respect to the significant poverty 

percentage, comments generally fell into 

three groups that advocated for: (1) 

Establishing a specific significant 

poverty percentage, as high as 75 

percent; (2) prioritizing schools in the 

same manner as under the CRRSA 

EANS program; or (3) providing a State 

discretion to determine the significant 

poverty percentage for non-public 

schools within the State. Commenters 

advocating for a specific high poverty 

percentage did so on the premise that it 

would ensure that resources are targeted 

to the most under-resourced 

communities, which they assert is 

consistent with congressional intent. 

Multiple commenters noted that a 75- 

percent poverty percentage would align 

with the definition of a ‘‘high-poverty 

school’’ used by the National Center for 

Education Statistics and the threshold 

for serving public schools in rank order, 

without regard to grade spans, 

applicable to within-district allocations 

under title I, part A (title I) of the 

Elementary and Secondary Education 

Act of 1965 (ESEA) (see section 

1113(a)(3)(A) of the ESEA). By contrast, 

other commenters asserted that an 


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3https://oese.ed.gov/files/2021/03/Final-EANSFAQ-2.0-3.19.21.pdf. 

excessively rigorous, one-size-fits-all 

threshold would be inappropriate in the 

context of non-public schools and their 

States’ specific circumstances and 

therefore recommended that States be 

given discretion to determine what 

constitutes a significant poverty 

percentage. In support of a more flexible 

approach, one State provided data 

indicating that a significant number of 

non-public schools that applied under 

CRRSA EANS would be ineligible under 

ARP EANS even with a poverty 

percentage as low as 30 percent. Taking 

these comments into account, the 

Department sought to establish a 

specific significant poverty percentage 

while also recognizing that there are 

State circumstances that may warrant a 

different significant poverty percentage 

in a given State. 

In terms of determining the nonpublic schools most impacted by the 

COVID–19 emergency, commenters 

generally noted that the Department’s 

Frequently Asked Questions: Emergency 

Assistance to Non-Public Schools 

(EANS) Program as Authorized by the 

Coronavirus Response and Relief 

Supplemental Appropriations Act, 2021 

(CRRSA Act) (EANS FAQs) 3 provided 

an appropriate range of factors. The 

final requirements include a majority of 

the factors identified in the 

Department’s previously issued EANS 

FAQs. 

General Requirements 

Applicability of CRRSA EANS 

Requirements 

Statute: Section 2002(a) of the ARP 

Act appropriates an additional 

$2,750,000,000 for making allocations to 

Governors under the EANS program to 

provide services or assistance to nonpublic schools that enroll a significant 

percentage of students from low-income 

families and are most impacted by the 

COVID–19 emergency. Section 2002(b) 

further clarifies that the funds provided 

under section 2002(a) may not be used 

to provide reimbursements to any nonpublic school. 

Final Requirements: These 

requirements make clear that all of the 

provisions of the CRRSA EANS program 

also apply to the ARP EANS program 

with two exceptions: (1) An SEA may 

provide services or assistance under 

ARP EANS only to an eligible nonpublic school that enrolls a significant 

percentage of students from low-income 

families and is most impacted by the 

COVID–19 emergency, and (2) an SEA 

may not use ARP EANS funds to 

provide reimbursements to a non-public 

school. 

Reasons: The final requirements 

clarify for States that, except for the two 

exceptions noted in the statute, all of 

the requirements in the CRRSA EANS 

program apply to ARP EANS funds. 

Making this clarification ensures that 

States and non-public schools are aware 

of all EANS program requirements, 

including statutory timelines, 

assurances required in a Governor’s 

application, and other application 

requirements for both the Governor’s 

and a non-public school’s application. 

The final requirements also clarify the 

allowable services and activities that an 

SEA may provide to non-public schools. 

Significantly, they make clear that, 

unlike under CRRSA EANS, an SEA 

may not use ARP EANS funds to 

provide reimbursements to any nonpublic school. 

Determining Non-Public Schools To Be 

Served 

Determining Non-Public Schools That 

May Receive Services or Assistance 

Statute: Under section 2002(a) of the 

ARP Act, services or assistance to nonpublic schools under the ARP EANS 

program are limited to ‘‘non-public 

schools that enroll a significant 

percentage of [students from lowincome families] and are most impacted 

by the [COVID–19] emergency.’’ 

Final Requirements: The final 

requirements require a Governor, in his 

or her application for ARP EANS funds, 

to identify the significant poverty 

percentage and the factors of COVID–19 

impact the State will use, after approval 

by the Secretary, to determine which 

non-public schools are eligible to 

receive services or assistance. In 

addition to meeting the definition of a 

non-public school in section 316(6) of 

division M of the CRRSA Act and the 

eligibility requirement in section 

312(d)(9) of division M of the CRRSA 

Act, a non-public school must meet or 

exceed the State’s significant poverty 

percentage and be most impacted by the 

COVID–19 emergency. 

Reasons: This requirement clarifies 

those non-public schools that are 

eligible to receive services or assistance 

under the ARP EANS program. A nonpublic school must meet the definition 

of ‘‘non-public school’’ in section 316(6) 

of division M of the CRRSA Act and the 

eligibility requirement in section 

312(d)(9) of division M of the CRRSA 

Act. In addition, the percentage of 

students from low-income families in 

the non-public school must meet or 

exceed either 40 percent or the State’s 

approved alternate significant poverty 

percentage. Finally, the non-public 

school must be most impacted by the 

COVID–19 emergency based on the 

State’s factor(s). 

The final requirements reflect nearly 

all the comments we received. They 

establish a specific significant poverty 

percentage that a State may adopt 

without further explanation, although 

that percentage is not as high as some 

commenters recommended for reasons 

discussed below. They also afford a 

State some discretion to propose an 

alternate significant poverty percentage 

based on circumstances within the 

State, as most commenters suggested. 

The final requirements do not, however, 

adopt the view of some commenters 

who suggested implementing ARP 

EANS in the same manner as CRRSA 

EANS to reduce burden on SEAs and 

non-public schools. We believe the ARP 

Act does not support this suggestion, 

because it specifically changed the 

language in the CRRSA Act from 

‘‘prioritize services or assistance to nonpublic schools that enroll low-income 

students and are most impacted by the 

[COVID–19] emergency’’ to ‘‘provide 

services or assistance to non-public 

schools that enroll a significant 

percentage of low-income students and 

are most impacted by the [COVID–19] 

emergency.’’ The ARP Act language 

differs from the CRRSA Act in two 

significant respects: (1) Rather than 

establishing a ‘‘priority’’ for serving 

schools with students from low-income 

families that then permits other nonpublic schools to be served, the ARP Act 

requires a non-public school to enroll a 

percentage of students from low-income 

families, and (2) the ARP Act requires 

that poverty percentage to be 

‘‘significant.’’ The final requirements 

reflect this change. 

Enrollment of a Significant Percentage 

of Students From Low-Income Families 

Statute: Under section 2002(a) of the 

ARP Act, services or assistance to nonpublic schools under the ARP EANS 

program is limited to ‘‘non-public 

schools that enroll a significant 

percentage of [students from lowincome families] and are most impacted 

by the [COVID–19] emergency.’’ 

Final Requirements: Under the final 

requirements, a non-public school is 

considered to enroll a significant 

percentage of students from low-income 

families, as defined in these 

requirements, if the percentage of 

students from low-income families 

enrolled in the school meets or exceeds 

40 percent, based on the data source(s) 

selected by the State under these 

requirements. Alternatively, a State may 

propose and, if approved by the 


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4The Centers for Disease Control and Prevention 

provides a COVID Data Tracker on its website, 

available at https://covid.cdc.gov/covid-datatracker/, which includes community data on 

reported COVID–19 cases and deaths. 

5We note that section 312(d)(4)(L) of division M 

of the CRRSA Act specifically authorizes the use of 

EANS funds to address ‘‘learning loss,’’ which the 

final requirements refer to as the ‘‘academic impact 

of lost instructional time.’’ 

6See, e.g., Aaron Klein & Ember Smith, 

Explaining the Economic Impact of COVID–19: Core 

Industries and the Hispanic Workforce, Brookings 

Institution (Feb. 5, 2021), https://

www.brookings.edu/research/explaining-theeconomic-impact-of-covid-19-core-industries-andthe-hispanic-workforce/. 

Secretary, use an alternate significant 

poverty percentage based on 

circumstances in the State, which may 

be (1) the State’s average percentage of 

students from low-income families in 

public and non-public schools, (2) the 

average percentage of students from 

low-income families in non-public 

schools in the State that, for example, 

applied for or participated in the 

CRRSA EANS program, or (3) other 

factors that the State demonstrates 

support an alternate significant poverty 

percentage. 

Reasons: A 40-percent poverty 

percentage has long been recognized as 

a measure of significant poverty to 

operate a schoolwide program under 

title I of the ESEA. In the context of title 

I, 40-percent poverty is the statutory 

threshold for a title I school to use title 

I funds to upgrade the entire 

educational program of a school and 

serve all students. (See section 

1114(a)(1)(A) of the ESEA). Given 

Congress’ recognition of 40 percent as 

significant within the context of title I, 

we believe it presents a reasonable 

threshold with respect to the ARP EANS 

program as well. 

We recognize, however, that there 

may be circumstances in the State that 

may warrant establishing a different 

significant percentage of students from 

low-income families for non-public 

schools. As a result, under the final 

requirements, a State has the option of 

using an alternate significant poverty 

percentage upon approval by the 

Secretary based on factors in the State. 

To receive approval, a State must 

provide data and a supporting rationale 

to justify the use of such alternative as 

part of its ARP EANS application. 

The final requirements permit a State 

to apply to use an alternate significant 

poverty percentage based on the State’s 

average percentage of students from 

low-income families in both public and 

private schools. This option recognizes 

that the determination of what 

constitutes a significant poverty 

percentage may vary from State to State 

based on a particular State’s relative 

level of poverty. 

The final requirements also allow a 

State to apply to use an alternate 

significant poverty percentage based on, 

for example, the average percentage of 

students from low-income families in 

non-public schools in the State that 

applied for or participated in the 

CRRSA EANS program. Using an 

average percentage of poverty in nonpublic schools could allow a State to 

establish an appropriate significant 

poverty percentage relative to nonpublic schools in the State. 

Finally, the final requirements also 

permit a State to support an alternate 

significant poverty percentage based on 

factors that the State demonstrates 

reflect significant poverty. For example, 

a State might submit data showing the 

relative rates of poverty in non-public 

schools as compared to public schools, 

or the percentage of non-public schools 

that would be excluded at different 

poverty percentages, and explain why 

those data support the requested 

alternate percentage. 

We believe these alternatives address 

some commenters’ concerns that a State 

should have the opportunity to propose 

a significant poverty percentage that 

reflects circumstances within the State. 

We know that poverty percentages vary 

considerably among States and between 

public and non-public schools. The 

alternatives permit a State to propose a 

significant poverty percentage relative 

to poverty within the State. 

Most Impacted by the COVID–19 

Emergency Statute 

Under section 2002(a) of the ARP Act, 

services or assistance to non-public 

schools under the ARP EANS program 

is limited to ‘‘non-public schools that 

enroll a significant percentage of 

[students from low-income families] and 

are most impacted by the [COVID–19] 

emergency.’’ 

Final Requirements: Under the final 

requirements, an SEA determines if a 

non-public school is most impacted by 

the COVID–19 emergency based on one 

or more of the following factors: (1) The 

number of COVID–19 infections per 

capita in the community or 

communities served by the non-public 

school; (2) the number of COVID–19 

deaths per capita in the community or 

communities served by the non-public 

school; (3) data on the academic impact 

of lost instructional time and the social, 

emotional, or mental health impacts 

attributable to the disruption of 

instruction caused by the COVID–19 

emergency; or (4) the economic impact 

of the COVID–19 emergency on the 

community or communities served by 

the non-public school. In addition to 

using one or more of these factors, an 

SEA may use other factors included in 

the State’s approved application to 

determine which non-public schools are 

most impacted by the COVID–19 

emergency. 

Reasons: The final requirements 

afford a State several options from 

which to choose in assessing impact. 

COVID–19 infection and death rates are 

readily available 4 and provide a 

reasonable way to identify communities 

most impacted by the COVID–19 

emergency. Additionally, students are 

facing significant academic challenges 

as a result of the lost instructional time,5

and social, emotional, and mental 

health impacts attributable to the 

disruption of instruction caused by the 

COVID–19 emergency. Depending upon 

the specific circumstances, these issues 

may be more pronounced in some nonpublic schools than others. Finally, the 

COVID–19 emergency has had a 

disproportionate economic impact on 

many communities,6 including high 

rates of unemployment, which may 

have a concomitant impact on nonpublic schools serving such 

communities. 

Given the wide-ranging impact of the 

COVID–19 emergency on schools and 

communities throughout the Nation, we 

recognize that there is no single factor 

with which to assess the impact of the 

COVID–19 emergency on non-public 

schools. Thus, in addition to one or 

more of the above factors, the final 

requirements allow an SEA to use other 

factors included in the State’s approved 

application to determine the non-public 

schools most impacted by the COVID– 

19 emergency. 

We recognize that non-public schools 

often draw students from communities 

other than the one in which they are 

located. Thus, the factors in the final 

requirements related to per capita 

COVID–19 infections and deaths as well 

as economic impact are relative to the 

community or communities served by a 

non-public school, which the SEA has 

flexibility to determine. 

The final requirements reflect many of 

the comments recommending that the 

Department use the factors in the EANS 

FAQs and give States a range of options. 

Some commenters urged that the impact 

of the COVID–19 emergency not be 

allowed to outweigh poverty. The final 

requirements use a majority of the 

factors in the EANS FAQs and permit an 

SEA to add others included in the 

State’s approved application for EANS 

funding. They also make clear that a 

non-public school must meet both the 


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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36651 

State’s significant poverty percentage 

and be most impacted by the COVID–19 

emergency, as required by the ARP Act. 

Transparency 

Statute: Section 312(d)(2)(B)(i) of the 

CRRSA Act requires an SEA to 

‘‘distribute information about the 

[EANS] program to non-public schools 

and make the information . . . easily 

available.’’ Under 20 U.S.C. 1221e-3, the 

Secretary has the authority to 

promulgate rules governing the 

programs administered by the 

Department. 

Final Requirements: Following 

approval of the Governor’s ARP EANS 

application by the Secretary, an SEA 

must publish on its website, on or 

before the date it makes applications for 

services or assistance available to nonpublic schools, the State’s approved (1) 

minimum percentage to determine 

whether a non-public school enrolls a 

significant percentage of students from 

low-income families; (2) source(s) of 

poverty data to be used in determining 

counts of students from low-income 

families in a non-public school; and (3) 

factors to determine whether a nonpublic school is most impacted by the 

COVID–19 emergency. 

Reasons: We believe transparency 

regarding the significant poverty 

percentage, sources of poverty data, and 

factors for determining schools most 

impacted by the COVID–19 emergency 

that a State uses are important given the 

potential variations among States. 

Transparency would ensure that all 

stakeholders are aware of the specific 

criteria each State plans to apply in 

determining which non-public schools 

receive services or assistance under the 

ARP EANS program. 

Determining Low-Income Counts 

Low-Income Threshold 

Statute: Under section 2002(a) of the 

ARP Act, services or assistance to nonpublic schools under the ARP EANS 

program are limited to ‘‘non-public 

schools that enroll a significant 

percentage of [students from lowincome families] and are most impacted 

by the [COVID–19] emergency.’’ Neither 

the ARP Act nor the CRRSA Act defines 

‘‘students from low-income families’’ or 

‘‘low-income students.’’ 

Final Requirements: To be counted as 

a student from a low-income family for 

purposes of these requirements, a 

student must be aged 5 through 17 from 

a family whose income does not exceed 

185 percent of the 2020 Federal poverty 

level. 

Reasons: The Department defined the 

count of children as those aged 5 

through 17 because that is the age range 

section 312(d)(1)(B) of division M of the 

CRRSA Act requires the Department to 

use to allocate EANS funds to States. 

Additionally, that age range is used in 

other contexts involving Federal 

education funds, including allocating 

funds to local educational agencies and 

determining the proportional share for 

equitable services under title I of the 

ESEA. (See, for example, sections 

1117(c)(1) and 1124(c)(1) of the ESEA). 

The Department chose to set a limit on 

the poverty threshold for the family of 

a student to be counted as low-income 

at 185 percent of the 2020 Federal 

poverty level for several reasons. 

Section 312(d)(1)(B) of division M of the 

CRRSA Act requires the Department to 

allocate EANS funds to each State based 

on the proportion of children aged 5 

through 17 ‘‘at or below 185 percent of 

poverty who are enrolled in non-public 

schools in the State.’’ The threshold to 

qualify for free and reduced-price meals 

under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et 

seq.) is 185 percent of the Federal 

poverty level, and eligibility for free and 

reduced-price meals also is the poverty 

measure most often used for 

determining within-district allocations 

and for identifying the economically 

disadvantaged subgroup for 

accountability and reporting purposes 

under title I of the ESEA. One hundred 

eighty-five percent of the Federal 

poverty level is also the threshold to 

qualify for the E-rate program 

administered by the Federal 

Communications Commission (47 CFR 

54.500, 54.505(b)). Finally, several 

commenters recommended 185 percent 

of the Federal poverty level as the 

threshold for family income. For these 

reasons, the Department believes it is 

the appropriate standard of low-income 

status for use in determining what 

constitutes a significant percentage of 

students from low-income families in 

non-public schools in order to provide 

services or assistance under the ARP 

EANS program. 

Sources of Data on Family Income 

Statute: Under section 2002(a) of the 

ARP Act, services or assistance to nonpublic schools under the ARP EANS 

program are limited to ‘‘non-public 

schools that enroll a significant 

percentage of [students from lowincome families] and are most impacted 

by the [COVID–19] emergency.’’ Neither 

the ARP Act nor the CRRSA Act defines 

the term ‘‘students from low-income 

families’’ or ‘‘low-income students.’’ 

Final Requirements: Under the final 

requirements, to obtain a count of 

students from low-income families 

enrolled in a non-public school, an SEA 

may use one or more of the following 

sources of data, provided the poverty 

threshold is consistent across sources 

and does not exceed 185 percent of the 

2020 Federal poverty level: (1) Free or 

reduced-price lunch data; (2) data from 

the E-rate program; (3) data from a 

different source, such as scholarship or 

financial assistance data; or (4) data 

from a survey developed by the SEA. 

Reasons: Free and reduced-price 

lunch data is the source of poverty data 

most aligned to 185 percent of the 2020 

Federal poverty level. The Department 

recognizes, however, that many nonpublic schools do not participate in the 

Federal meals program. E-rate data are 

similarly aligned but also may not be 

available for many non-public schools. 

Accordingly, the Department includes 

other sources of data for an SEA to 

choose that should be more readily 

available to non-public schools. An SEA 

may also send a survey to non-public 

school families to collect poverty data 

for use in meeting the SEA’s threshold 

for significant percentage of students 

from low-income families, provided the 

SEA has sufficient time to distribute, 

collect, and compile data from the 

surveys. 

The final requirements afford an SEA 

some latitude to select one or more 

sources of poverty data, provided the 

poverty threshold is consistent among 

sources and does not exceed 185 

percent of the Federal poverty level. 

Such latitude was particularly requested 

by commenters representing the nonpublic school community, given that not 

every school has the same poverty data 

on its families. The Department 

encourages an SEA to consult with nonpublic school officials regarding 

available sources of poverty data. 

Additionally, given that not all nonpublic schools have access to the same 

poverty data, the Department 

encourages an SEA to permit multiple 

sources of data, among schools or 

within a school, provided those data use 

a consistent poverty threshold. 

Final Requirements 

The Secretary establishes the 

following final requirements for the 

ARP EANS program: 

(a) In general. A State educational 

agency (SEA) must provide services or 

assistance under the Emergency 

Assistance to Non-Public Schools 

(EANS) program, as authorized by the 

American Rescue Plan Act of 2021 (ARP 

Act), in accordance with the 

requirements applicable to the EANS 

program under section 312(d) of 

division M of the Coronavirus Response 

and Relief Supplemental 


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36652 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

Appropriations Act, 2021 (CRRSA Act), 

except that— 

(1) An SEA may provide such services 

or assistance only to an eligible nonpublic school that enrolls a significant 

percentage of students from low-income 

families and is most impacted by the 

COVID–19 emergency; and 

(2) An SEA may not use such funds 

to provide reimbursements to any nonpublic school. 

(b) Determining non-public schools to 

be served. 

(1) To provide services or assistance 

to a non-public school under paragraph 

(a), an SEA must determine, consistent 

with the State’s approved application 

for EANS funding under the ARP Act, 

that the school— 

(i) Enrolls a significant percentage of 

students from low-income families in 

accordance with paragraphs (b)(2) and 

(c) of this section; and 

(ii) Is most impacted by the COVID– 

19 emergency in accordance with 

paragraph (b)(3) of this section. 

(2) A non-public school enrolls a 

significant percentage of students from 

low-income families if the percentage of 

students from low-income families 

enrolled in such school meets or 

exceeds— 

(i) 40 percent; or 

(ii) An alternate significant percentage 

approved by the Secretary in the State’s 

application for EANS funding under the 

ARP Act that is based on circumstances 

in the State, which may be— 

(A) The State’s average percentage of 

students from low-income families in 

public and non-public schools; 

(B) The average percentage of students 

from low-income families in non-public 

schools in the State that, for example, 

applied for or participated in the EANS 

program as authorized by the CRRSA 

Act; or 

(C) Other factors that the State 

demonstrates support an alternate 

significant poverty percentage. 

(3)(i) A non-public school is most 

impacted by the COVID–19 emergency 

based on one or more of the following 

factors— 

(A) The number of COVID–19 

infections per capita in the community 

or communities served by the nonpublic school; 

(B) The number of COVID–19-related 

deaths per capita in the community or 

communities served by the non-public 

school; 

(C) Data on the academic impact of 

lost instructional time and the social, 

emotional, and mental health impacts 

on students attending the non-public 

school attributable to the disruption of 

instruction caused by the COVID–19 

emergency; or 

(D) The economic impact of the 

COVID–19 emergency on the 

community or communities served by 

the non-public school. 

(ii) In addition to using one or more 

of the factors identified in paragraph 

(b)(3)(i), an SEA may use other factors 

included in the State’s approved 

application for EANS funding under the 

ARP Act to determine that a non-public 

school is most impacted by the COVID– 

19 emergency. 

(4) An SEA must publish on its 

website, on or before the date it makes 

applications for EANS services or 

assistance under the ARP Act available 

to non-public schools, the State’s 

approved— 

(i) Minimum percentage to determine 

whether a non-public school enrolls a 

significant percentage of students from 

low-income families; 

(ii) The source(s) of poverty data the 

State will use to determine counts of 

students from low-income families in a 

non-public school; and 

(iii) Factors to determine whether a 

non-public school is most impacted by 

the COVID–19 emergency. 

(c) Determining low-income counts. 

(1) To be counted as a student from a 

low-income family for purposes of this 

section, a student must be aged 5 

through 17 from a family whose income 

does not exceed 185 percent of the 2020 

Federal poverty level. 

(2) To obtain a count of students from 

low-income families enrolled in a nonpublic school under paragraph (c)(1), an 

SEA may use one or more of the 

following sources of data, provided the 

poverty threshold is consistent across 

sources— 

(i) Data on student eligibility for free 

or reduced-price lunch under the 

Richard B. Russell National School 

Lunch Act (43 U.S.C. 1751 et seq.); 

(ii) Data from the E-rate program 

administered by the Federal 

Communications Commission (47 CFR 

54.500, 54.505(b)); 

(iii) Data from a different source, such 

as scholarship or financial assistance 

data; or 

(iv) Data from a survey developed by 

the SEA. 

Waiver of Notice and Comment 

Rulemaking and Delayed Effective Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 551–559), the 

Department generally offers interested 

parties notice of and the opportunity to 

comment on proposed requirements. 

However, the APA provides that an 

agency is not required to conduct notice 

and comment rulemaking ‘‘when the 

agency for good cause finds . . . that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ (5 U.S.C. 

553(b)(B)). 

Here, there is good cause for waiving 

notice and comment rulemaking. Notice 

and comment rulemaking would be 

impracticable because the time involved 

would preclude emergency funds being 

available to meet exigent needs of nonpublic schools resulting from the 

COVID–19 emergency, including the 

provision of services to address the 

academic impact of lost instructional 

time among non-public school students. 

The COVID–19 emergency continues to 

present extraordinary circumstances, 

including widespread school closures, 

significant loss of instructional time, 

and trauma for students, educators, and 

other staff. 

The final requirements provide 

reasonable parameters to address 

ambiguities regarding how to provide 

services or assistance to eligible nonpublic schools that enroll a significant 

percentage of students from low-income 

families and are most impacted by the 

COVID–19 emergency. Accordingly, the 

final requirements are critical to 

ensuring that SEAs effectively and 

timely implement the ARP EANS 

program. In addition, the Department 

believes it is important to make clear the 

continued applicability of EANS 

requirements under the CRRSA Act, 

except as otherwise provided in the 

ARP Act. However, going through the 

full rulemaking process would delay the 

ability of SEAs to provide services or 

assistance to eligible non-public schools 

using ARP EANS funds, which are 

emergency funds intended to meet the 

immediate needs of non-public schools, 

including their students and teachers. 

Establishing these final requirements 

now, without the delay of notice and 

comment rulemaking, enables SEAs to 

effectively use ARP EANS funds to 

provide services or assistance to nonpublic schools to address the immediate 

safety and academic needs of students 

and help such schools safely return to 

or continue in-person instruction. 

The Department has moved with 

urgency to publish this document in an 

expedited fashion to ensure timely 

availability of funds to non-public 

schools. The ARP Act was signed into 

law on March 11, 2021. Just one month 

later, on April 12, 2021, the Department 

published a request for information 

from the public to obtain comments that 

were due on April 26, 2021. After 

reviewing and considering the 66 

comments received, the Department is 

publishing this document about two 

months after the comments were 

received. 


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Additionally, as noted above, the 

Department invited comment regarding 

implementation of the requirement ‘‘to 

provide services or assistance to nonpublic schools that enroll a significant 

percentage of [students from lowincome families] and are most impacted 

by the [COVID–19] emergency’’ as part 

of the Notice Inviting Applications and 

Announcing Allocations for the 

Emergency Assistance to Non-Public 

Schools Program Under the American 

Rescue Plan Act of 2021, issued on 

April 12, 2021. The Department 

reviewed and considered the comments 

received in response to that notice in 

the development of these final 

requirements. That prior comment 

process and the Department’s 

responsiveness to those comments 

mitigate the need for notice-andcomment rulemaking in this context. 

The APA also requires that 

regulations be published at least 30 days 

before their effective date, unless the 

agency has good cause to implement its 

regulations sooner. (5 U.S.C. 553(d)(3)). 

Again, because the ARP EANS funds are 

needed to address the immediate needs 

of students, educators, and schools due 

to the COVID–19 emergency, the 

Secretary also has good cause to waive 

the 30-day delay in the effective date of 

these requirements under 5 U.S.C. 

553(d)(3). 

Under the Congressional Review Act 

(CRA), a major rule may take effect no 

sooner than 60 calendar days after an 

agency submits a CRA report to 

Congress or the rule is published in the 

Federal Register, whichever is later. (5 

U.S.C. 801(a)(3)(A)). However, the CRA 

creates limited exceptions to this 

requirement. (See 5 U.S.C. 801(c), 808). 

Section 808(2) provides that ‘‘any rule 

which an agency for good cause finds 

(and incorporates the finding and a brief 

statement of reasons therefor in the rule 

issued) that notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest, shall 

take effect at such time as the Federal 

agency promulgating the rule 

determines.’’ As stated above, the 

Department has found good cause to 

issue these final requirements without 

notice-and-comment rulemaking, and 

thus we are not including the 60-day 

delayed effective date in this document. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities, in a 

material way (also referred to as 

‘‘economically significant’’ regulations); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlements, grants, user 

fees, or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This regulatory action is an 

economically significant regulatory 

action subject to review by OMB under 

section 3(f) of Executive Order 12866. 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), OMB’s Office 

of Information and Regulatory Affairs 

designated this rule as a ‘‘major rule,’’ 

as defined by 5 U.S.C. 804(2). 

We have also reviewed these 

regulations under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account, among other things, 

and to the extent practicable, the costs 

of cumulative regulations; 

(3) Select, in choosing among 

alternative regulatory approaches, those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including providing economic 

incentives—such as user fees or 

marketable permits—to encourage the 

desired behavior, or providing 

information that enables the public to 

make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs has 

emphasized that these techniques may 

include ‘‘identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes.’’ 

The Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action, and we are issuing 

these final requirements only on a 

reasoned determination that their 

benefits justify their costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that would maximize net 

benefits. Based on the analysis that 

follows and the reasons stated 

elsewhere in this document, the 

Department believes that the final 

requirements are consistent with the 

principles in Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, or Tribal 

governments in the exercise of their 

governmental functions. 

In this regulatory impact analysis, we 

discuss the need for regulatory action, 

the potential costs and benefits, and net 

budget impacts. 

Elsewhere, under Paperwork 

Reduction Act of 1995, we identify and 

explain burdens specifically associated 

with information collection 

requirements. 

Need for Regulatory Action 

These final requirements are intended 

to clarify the provision of services or 

assistance to eligible non-public schools 

under the ARP EANS program. As 

discussed elsewhere in this document, 

the ARP EANS program provides 

significant resources to SEAs through 

each respective Governor to provide 

such services or assistance to respond to 

the unprecedented educational 

disruptions caused by the COVID–19 

emergency. The Department believes 

this regulatory action is needed to 

ensure that SEAs provide services or 

assistance to non-public schools in a 

manner consistent with statutory 

requirements. In particular, the 

Department believes it is important to 

clarify the continued applicability of 

EANS requirements under the CRRSA 

Act, except as otherwise provided in the 

ARP Act. Additionally, the Department 

believes clarification is needed to 


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36654 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

7See https://www.bls.gov/oes/current/oes_

nat.htm. 

ensure that SEAs implement with 

fidelity the requirement to provide 

services or assistance only to eligible 

non-public schools that enroll a 

significant percentage of students from 

low-income families and are most 

impacted by the COVID–19 emergency. 

Analysis of Costs and Benefits 

The Department believes this 

regulatory action does not impose 

significant new cost-bearing 

requirements on SEAs or other entities. 

This action primarily serves to clarify or 

give specific meaning to statutory 

requirements for SEAs in determining 

eligible non-public schools for services 

or assistance under the ARP EANS 

program; it generally does not establish 

new substantive requirements. 

Accordingly, costs associated with this 

action are attributable generally to the 

program statute. Moreover, in 

promulgating these final requirements, 

we have sought where possible to 

minimize the burden on SEAs in 

applying for ARP EANS funds and in 

complying with the statute. Any costs 

associated with the final requirements 

that are not directly attributable to the 

statute are outweighed by their benefits 

which, in addition to reduced burden, 

include clarity, appropriate flexibility, 

and transparency in SEA administration 

of the program. 

Under the ARP EANS program, SEAs 

provide services or assistance to eligible 

non-public schools that enroll a 

significant percentage of students from 

low-income families and are most 

impacted by the COVID–19 emergency. 

The final requirements establish that a 

non-public school enrolls a significant 

percentage of students from low-income 

families if the percentage of those 

students enrolled in the school meets or 

exceeds 40 percent or an alternate 

significant percentage approved by the 

Secretary that is based on circumstances 

in the State. As discussed elsewhere in 

this document, 40 percent has long been 

recognized as a measure of significant 

poverty under title I of the ESEA. In 

addition to providing clarity, by using 

this percentage to determine whether a 

non-public school enrolls a significant 

percentage of students from low-income 

families, the final requirements employ 

a standard that is familiar to SEAs, 

thereby minimizing burden. By allowing 

an SEA to use an alternate significant 

percentage approved by the Secretary, 

the final requirements also provide 

appropriate flexibility to SEAs if 

circumstances in the State warrant a 

percentage other than 40 percent. 

The final requirements also establish 

that a student is included in the count 

of students from low-income families 

enrolled in a non-public school if the 

student is aged 5 through 17 and from 

a family whose income does not exceed 

185 percent of the 2020 Federal poverty 

level. This commonly used poverty 

threshold similarly minimizes the 

burden on SEAs in complying with the 

program statute while also providing 

clarity in program administration. 

The final requirements further 

establish that, in determining which 

non-public schools are most impacted 

by the COVID–19 emergency, an SEA 

must use at least one of four identified 

factors, which notably include the 

numbers of COVID–19 infections and 

COVID–19-related deaths in 

communities served by the school. As 

discussed elsewhere in this document, 

community COVID–19 infection and 

death rates are readily available. 

Accordingly, the final requirements 

would allow an SEA to meet statutory 

requirements with minimal burden. 

Lastly, the final requirements 

establish a new substantive requirement 

on SEAs, namely, to provide 

transparency in program administration 

by publishing on the SEA website the 

minimum percentage used to determine 

whether a non-public school enrolls a 

significant percentage of students from 

low-income families, source(s) of 

poverty data, and the factors to be used 

to determine whether a school is most 

impacted by the COVID–19 emergency. 

We estimate that each SEA will need 

two hours to comply with this website 

posting requirement. At $97.28 per hour 

(using mean wages for Education and 

Childcare Administrators 7 and 

assuming the total cost of labor, 

including benefits and overheard, is 

equal to 200 percent of the mean wage 

rate), the total estimated cost for 52 

SEAs (including the District of 

Columbia and the Commonwealth of 

Puerto Rico) is approximately $10,100. 

Separately, the ARP EANS 

application imposes costs on SEAs. We 

estimate that each SEA will need two 

hours to complete the ARP EANS 

application. At $97.28 per hour, the 

total estimated cost for 52 SEAs to 

complete the ARP EANS application is 

approximately $10,100. 

Net Budget Impacts 

We estimate that the discretionary 

elements of these final requirements 

will not have an impact on the Federal 

budget. This regulatory action 

establishes requirements for SEAs 

receiving ARP EANS funds but does not 

affect the amount of funding available 

for this program. We anticipate that the 

$2.75 billion in ARP EANS funds will 

be disbursed in Fiscal Year 2021, and 

therefore estimate $2.75 billion in 

transfers in Fiscal Year 2021 relative to 

the pre-statutory baseline. 

Accounting Statement 

ACCOUNTING STATEMENT—CLASSIFICATION OF ESTIMATED IMPACTS

[in millions] 

Category Benefits 

Clarity, flexibility, and transparency in SEA administration of ARP EANS program .................................................................. Not quantified. 

Costs 

Application completion and publication by SEAs of the minimum percentage used to determine whether a non-public 

school enrolls a significant percentage of students from low-income families, source(s) of poverty data, and the factors 

used to determine whether a school is most impacted by COVID–19.

$0.02. 

Transfers 

Services and assistance to non-public schools that enroll a significant percentage of students from low-income families 

and are most impacted by the COVID–19 emergency.

$2,750. 


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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36655 

Regulatory Flexibility Act Certification 

The Regulatory Flexibility Act does 

not apply to this rulemaking because 

there is good cause to waive notice-andcomment rulemaking under the APA (5 

U.S.C. 553). 

Paperwork Reduction Act of 1995 

As part of its continuing effort to 

reduce paperwork and respondent 

burden, the Department provides the 

general public and Federal agencies 

with an opportunity to comment on 

proposed and continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3501 et seq.). This helps 

ensure that the public understands the 

Department’s collection instructions, 

respondents provide the requested data 

in the desired format, reporting burden 

(time and financial resources) is 

minimized, collection instruments are 

clearly understood, and the Department 

can properly assess the impact of 

collection requirements on respondents. 

A Federal agency may not conduct or 

sponsor a collection of information 

unless OMB approves the collection 

under the PRA and the corresponding 

information collection instrument 

displays a currently valid OMB control 

number. Notwithstanding any other 

provision of the law, no person is 

required to comply with, or is subject to 

penalty for failure to comply with, a 

collection of information if the 

collection instrument does not display a 

currently valid OMB control number. 

As discussed in the Analysis of Costs 

and Benefits section of the Regulatory 

Impact Analysis, the Department 

believes this regulatory action does not 

impose significant new cost-bearing 

requirements on SEAs or other entities 

and that it primarily serves to clarify or 

give specific meaning to statutory 

requirements for SEAs. The final 

requirements for determining nonpublic schools to be served and 

determining low-income counts allow 

SEAs to use generally available data and 

employ standards SEAs are familiar 

with, thereby minimizing cost and 

burden. The requirement that SEAs 

provide transparency in program 

administration, however, by publishing 

on their website the minimum 

percentage used to determine whether a 

non-public school enrolls a significant 

percentage of students from low-income 

families, the source(s) of poverty data, 

and the factors to be used to determine 

whether a school is most impacted by 

the COVID–19 emergency imposes a 

cost and burden hours on SEAs. In 

addition, the ARP EANS application 

will impose a cost and burden hours on 

SEAs. Those costs and burdens are 

discussed below. 

For the final requirement to provide 

transparency in program administration 

by publishing on the SEA website the 

minimum percentage used to determine 

whether a non-public school enrolls a 

significant percentage of students from 

low-income families and the factors to 

be used to determine whether a school 

is most impacted by the COVID–19 

emergency, we estimate that each SEA 

will need two hours to comply with the 

website posting requirement. At $97.28 

per hour, the total estimated cost for 52 

SEAs (including the District of 

Columbia and the Commonwealth of 

Puerto Rico) is approximately $10,100, 

and the total estimated burden is 104 

hours. 

We estimate that one application will 

be prepared by each eligible SEA and 

submitted through the Governor of the 

respective State. For the time to 

complete the application, we estimate 

that the number of burden hours per 

response will be two hours. The total 

estimated number of burden hours is 

104 hours. At $97.28 per hour, the total 

estimated cost for 52 SEAs to complete 

the ARP EANS application (including 

the District of Columbia and the 

Commonwealth of Puerto Rico) is also 

approximately $10,100. 

Collectively, we estimate that these 

new information collection activities 

will result in a total estimated cost of 

$20,200 and a total estimated burden of 

208 hours to the public annually. The 

Department is requesting an emergency 

paperwork clearance from OMB under 5 

CFR 1320.13 on the OMB 1810–0741 

data collection associated with these 

final requirements. That request will 

account for all burden hours and costs 

discussed within this section. 

Consistent with 5 CFR 1320.8(d), the 

Department is also soliciting comments 

on the information collection. We must 

receive your comments on the collection 

activities contained in these final 

requirements on or before September 13, 

2021. Comments related to the 

information collection activities must be 

submitted electronically through the 

Federal eRulemaking Portal at 

www.regulations.gov by selecting the 

Docket ID number ED–2021–SCC–0101 

or via postal mail, commercial delivery, 

or hand delivery by referencing the 

Docket ID number and the title of the 

information collection request at the top 

of your comment. Comments submitted 

by postal mail or delivery should be 

addressed to the PRA Coordinator of the 

Strategic Collections and Clearance 

Governance and Strategy Division, U.S. 

Department of Education, 400 Maryland 

Ave. SW, LBJ, Room 6W208D, 

Washington, DC 20202–8240. 

Note: The Office of Information and 

Regulatory Affairs and the Department 

review all comments related to the 

information collection activities posted at 

www.regulations.gov. 

COLLECTION OF INFORMATION

Information collection activity 

Estimated 

number 

responses 

Hours per 

response 

Total 

estimated 

burden hours 

Estimated 

cost at an 

hourly rate 

of $97.28 

SEA Transparency ........................................................................................... 52 2 104 $10,100 

SEA ARP EANS Application ........................................................................... 52 2 104 10,100 

Annualized Total .............................................................................................. 104 4 208 20,200 

Intergovernmental Review 

The ARP EANS program is not subject 

to Executive Order 12372 and the 

regulations in 34 CFR part 79. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document 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, 

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 


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36656 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

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. 2021–14862 Filed 7–12–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2020–OSERS–0179] 

Final Priority, Requirement, and 

Definitions—National Comprehensive 

Center on Improving Literacy for 

Students With Disabilities 

AGENCY: Offices of Elementary and 

Secondary Education and Special 

Education and Rehabilitative Services, 

Department of Education. 

ACTION: Final priority, requirement, and 

definitions. 

SUMMARY: The Department of Education 

(Department) announces a priority, 

requirement, and definitions for the 

National Comprehensive Center on 

Improving Literacy for Students with 

Disabilities program (Comprehensive 

Centers program), Assistance Listing 

Number 84.283D. The Elementary and 

Secondary Education Act of 1965, as 

amended by the Every Student Succeeds 

Act (ESEA), requires the Secretary to 

establish a comprehensive center for 

students at risk of not attaining full 

literacy skills due to a disability. The 

Department may use the priority, 

requirement, and definitions for 

competitions in fiscal year (FY) 2021 

and later years. We will use the priority, 

requirement, and definitions to award a 

cooperative agreement for a 

comprehensive center designed to 

improve literacy skills for students at 

risk of not attaining full literacy skills 

due to a disability. 

DATES: Effective August 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Rhoads, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5175, Potomac Center Plaza, 

Washington, DC 20202–5076. 

Telephone: (202) 245–6715. Email: 

Kristen.Rhoads@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

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

8339. 

SUPPLEMENTARY INFORMATION:

Purpose of Program: The 

Comprehensive Centers program 

supports the establishment of not fewer 

than 20 comprehensive centers to 

provide capacity building services to 

State educational agencies (SEAs), 

regional educational agencies (REAs), 

local educational agencies (LEAs), and 

schools that improve educational 

outcomes for all students, close 

achievement gaps, and improve the 

quality of instruction. The purpose of 

the National Comprehensive Center on 

Improving Literacy for Students with 

Disabilities (Center) is to identify or 

develop evidence-based literacy 

assessment tools and professional 

development activities and identify 

evidence-based instruction, strategies, 

and accommodations for students at risk 

of not attaining full literacy skills due to 

a disability, including dyslexia 

impacting reading or writing, or 

developmental delay impacting reading, 

writing, language processing, 

comprehension, or executive 

functioning. The Center will also 

disseminate its products and 

information on evidence-based literacy 

to families, SEAs, LEAs, REAs, and 

schools. 

Program Authority: Section 203 of the 

Educational Technical Assistance Act of 

2002 (ETAA) (20 U.S.C. 9602) and 

section 2244 of the ESEA (20 U.S.C. 

6674). 

We published a notice of proposed 

priority, requirement, and definitions 

(NPP) for this program in the Federal 

Register on March 12, 2021 (86 FR 

14048). The NPP contained background 

information and our reasons for 

proposing the particular priority, 

requirement, and definitions. 

There are differences between the 

NPP and this notice of final priority, 

requirement, and definitions (NFP) as 

discussed in the Analysis of Comments 

and Changes section of this document. 

The substantive changes include not 

establishing a limit on reimbursement of 

indirect costs, adding a requirement 

related to features of screening 

assessments, and expanding who the 

Center involves when soliciting a 

diversity of perspectives in the 

development and implementation of 

services. 

Public Comment: In response to our 

invitation to comment in the NPP, 27 

parties submitted comments on the 

proposed priority, requirement, and 

definitions. 

Generally, we do not address 

technical and other minor changes. In 

addition, we do not address comments 

that raised concerns not directly related 

to the proposed priority, requirement, 

and definitions. 

Analysis of Comments and Changes: 

An analysis of the comments and 

changes in the priority, requirement, 

and definitions since publication of the 

NPP follows. 

The Department received 27 

comments, which addressed several 

specific topics, including limiting 

reimbursement of indirect costs, 

supporting an external evaluator, 

meeting the needs of multiple 

populations and settings, implementing 

project services, measuring Center 

outcomes, and managing the Center and 

adequacy of resources. Each topic is 

addressed below. 

General Comments 

Comment: All commenters expressed 

overall support for the proposed Center. 

One commenter stressed the importance 

of this Center for addressing the needs 

of students in early childhood programs 

through 12th grade. Another commenter 

noted that the Center could be 

important for ensuring quality 

education and creating equitable 

learning environments for students with 

disabilities in both charter and 

traditional public schools. 

Discussion: The Department 

appreciates the comments and agrees 

with the commenters. The Center to be 

funded under this program will provide 

necessary and valuable technical 

assistance (TA) related to improving 

literacy outcomes for students at risk of 

not attaining full literacy skills due to a 

disability. 

Changes: None. 

Comment: One commenter suggested 

removing language related to competing 

in the global economy. The reviewer 

thought that the phrase adds undue 

stress for students with disabilities. 

Discussion: The mission of the 

Department includes ‘‘promoting 

student achievement and preparation 

for global competitiveness.’’ This 

mission applies to all students, 

including students with disabilities and 

we think it is a reasonable expectation 

to have a broad goal of preparing all 

students for the global economy. 

Changes: None. 


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