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###### Department of Education

# AGENCY:

Office of Elementary and Secondary Education, Department of Education.

# ACTION:

Notice.

# SUMMARY:

The Department of Education is issuing a notice inviting applications for new awards for fiscal year (FY) 2022 for the Assistance for Arts Education (AAE) program, Assistance Listing Number 84.351A. This notice relates to the approved information collection under OMB control number 1894-0006.

# DATES:

*Applications Available:*                         May 31, 2022.                    

*Deadline for Transmittal of Applications:*                         June 30, 2022.                    

*Deadline for Intergovernmental Review:*                         August 29, 2022.                    

*Preapplication Presentation Information:*                         The Department will post a preapplication presentation for prospective applicants. To access the preapplication presentation, visit the AAE program website at:                         *https://oese.ed.gov/​offices/​office-of-discretionary-grants-support-services/​well-rounded-education-programs/​assistance-for-arts-education/​.*

# ADDRESSES:

                        For the addresses for obtaining and submitting an application, please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the                         **Federal Register**                         on December 27, 2021                               ( print page 32400)                            (86 FR 73264) and available at                         *www.federalregister.gov/​d/​2021-27979.*                         Please note that these Common Instructions supersede the version published on February 13, 2019, and, in part, describe the transition from the requirement to register in                         *SAM.gov*                         a Data Universal Numbering System (DUNS) number to the implementation of the Unique Entity Identifier (UEI). More information on the phase-out of DUNS numbers is available at                         *https://www2.ed.gov/​about/​offices/​list/​ofo/​docs/​unique-entity-identifier-transition-fact-sheet.pdf.*

# FOR FURTHER INFORMATION CONTACT:

                        Asheley McBride or Sharon Burton, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-6450. Telephone: 202-987-1679. Email:                         *AssistanceforArtsEducation@ed.gov.*

If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.

# SUPPLEMENTARY INFORMATION:

## Full Text of Announcement

## I. Funding Opportunity Description

*Purpose of Program:*                     The AAE program includes the Arts in Education National Program (AENP) and is authorized under Title IV, part F, subpart 4 of the Elementary and Secondary Education Act of 1965, as amended (ESEA). In general, the purpose of the AAE program is to promote arts (as defined in this notice) education for students, including disadvantaged students and students who are children with disabilities (as defined in this notice). Specifically, the AENP supports national-level (as defined in this notice), high-quality arts education projects and services for children and youth, with special emphasis on serving children from low-income families (as defined in this notice) and children with disabilities through community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies (LEAs), communities, or centers for the arts, including national centers for the arts.                

*Background:*                     The ESEA authorizes activities under the AAE program that enrich the academic experience of students by promoting arts education. In FY 2021, the Department offered the AAE program as one grant program. In prior years, the Department held three separate grant competitions under section 4642 of the ESEA: Arts in Education Development and Dissemination (AAEDD), Professional Development for Arts Educators (PDAE), and AENP.                

                    The Consolidated Appropriations Act, 2022 includes language directing the Department “to carry out a separate competition for eligible national nonprofit organizations, as described in the Applications for New Awards; Assistance for Arts Education Program—Arts in Education National Program published in the                     **Federal Register**                     on May 7, 2018 [83 FR 20056], for activities described under section 4642(a)(1)(C)” of the ESEA. In addition, the Explanatory Statement for Division H of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103) (2022 Appropriations Explanatory Statement) includes language directing the Department to award prior experience points for past AENP grantees.                

*Priorities:*                     This notice includes one absolute priority and one competitive preference priority. We are establishing these priorities for the FY 2022 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition in accordance with section 437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).                

*Absolute Priority:*                     For FY 2022 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only applications that meet this priority.                

This priority is:

One or more high-quality arts education projects that (1) support community and national outreach activities that strengthen and expand partnerships among schools, LEAs, communities, or centers for the arts, including national centers for the arts; (2) are designed to implement, or expand, initiatives in arts education and arts integration; and (3) have a special emphasis on serving children from low-income families and children with disabilities. To meet part 3 of this priority, applicants must submit supporting data identifying the population of students that meets the definition of “child from a low-income family” and the population of students that meets the definition of “child with a disability.”

*Competitive Preference Priority:*                     This priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i), we award an additional 10 points to an application that meets this priority.                

This priority is:

The Department gives priority to an eligible national nonprofit organization that has previously implemented a large-scale AENP project. (0 or 10 points)

*Definitions:*                     For the FY 2022 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, we are establishing the definitions of “arts,” “arts educator,” “arts integration,” and “child from a low-income family” in accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). The definitions of “child with a disability” and “local educational agency” are from section 8101 of the ESEA (20 U.S.C. 7801). The definition of “eligible national nonprofit organization” is from section 4642 of the ESEA (20 U.S.C. 7292). The definitions of “demonstrates a rationale,” “experimental study,” “logic model,” “national level,” “project component,” “promising evidence,” “quasi-experimental design study,” “relevant outcome,” and “What Works Clearinghouse Handbooks (WWC Handbooks)” are from 34 CFR 77.1(c).                

*Arts*                     means music, dance, theater, media arts, and visual arts, including folk arts.                

*Arts educator*                     means a teacher or other instructional staffer who works in music, dance, theater, media arts, or visual arts, including folk arts.                

*Arts integration*                     means strengthening the (1) use of high-quality arts instruction in other academic/content areas, and (2) place of the arts as a part of a well-rounded education.                

*Child from a low-income family*                     means a child who is determined by a State or LEA to be a child, in prekindergarten through grade 12, (a) who is in poverty according to the most recent census data, (b) who is eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, (c) whose family is receiving assistance under the State program funded under part A of title IV of the Social Security Act, (d) who is eligible to receive medical assistance under the Medicaid program, or (e) who is in poverty under a composite of such indicators.                

*Child with a disability*                     (or children with disabilities) means—                

(1) A child—

(i) With intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in the IDEA as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

(ii) Who, by reason thereof, needs special education and related services.

                    (2) The term “child with a disability,” for a child aged three through nine (or                           ( print page 32401)                        any subset of that age range, including ages three through five), may, at the discretion of the State and the LEA, include a child—                

(i) Experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development; cognitive development; communication development; social or emotional development; or adaptive development; and

(ii) Who, by reason thereof, needs special education and related services. (Section 8101(4) of the ESEA).

*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.                

*Eligible national nonprofit organization*                     means an organization of national scope that—                

(1) Is supported by staff, which may include volunteers, or affiliates at the State and local levels; and

(2) Demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities.

*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 (as defined in this notice):                

(i) A randomized controlled trial employs random assignment of, for example, students, teachers, classrooms, or schools to receive the project component being evaluated (the treatment group) or not to receive the project component (the control group).

                    (ii) A regression discontinuity design study assigns the project component being evaluated using a measured variable (                    *e.g.,*                     assigning students reading below a cutoff score to tutoring or developmental education classes) and controls for that variable in the analysis of outcomes.                

                    (iii) A single-case design study uses observations of a single case (                    *e.g.,*                     a student eligible for a behavioral intervention) over time in the absence and presence of a controlled treatment manipulation to determine whether the outcome is systematically related to the treatment.                

*Local educational agency*                     means:                

(1) In general—The term “local educational agency” means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

(2) Administrative Control and Direction—The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.

(3) Bureau of Indian Education Schools—The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the ESEA with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Education.

(4) Educational Service Agencies—The term includes educational service agencies and consortia of those agencies.

(5) State Educational Agency—The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools.

*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.                

*National level*                     describes the level of scope or effectiveness of a process, product, strategy, or practice that is able to be effective in a wide variety of communities, including rural and urban areas, as well as with different groups (                    *e.g.,*                     economically disadvantaged, racial and ethnic groups, migrant populations, individuals with disabilities, English learners, and individuals of each gender).                

*Project component*                     means an activity, strategy, intervention, process, product, practice, or policy included in a project. Evidence may pertain to an individual project component or to a combination of project components (                    *e.g.,*                     training teachers on instructional practices for English learners and follow-on coaching for these teachers).                

*Promising evidence*                     means that there is evidence of the effectiveness of a key project component in improving a relevant outcome, based on a relevant finding from one of the following:                

(i) A practice guide prepared by WWC reporting a “strong evidence base” or “moderate evidence base” for the corresponding practice guide recommendation;

(ii) An intervention report prepared by the WWC reporting a “positive effect” or “potentially positive effect” on a relevant outcome with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or

(iii) A single study assessed by the Department, as appropriate, that—

                    (A) Is an experimental study, a 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                

(B) Includes at least one statistically

                    significant and positive (                    *i.e.,*                     favorable) effect on a relevant outcome.                

*Quasi-experimental design study*                     means a study using a design that attempts to approximate an experimental study by identifying a comparison group that is similar to the treatment group in important respects. This type of study, depending on design and implementation (                    *e.g.,*                     establishment of baseline equivalence of the groups being compared), can meet WWC standards with reservations, but cannot meet WWC standards without reservations, as described in the WWC 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.                          ( print page 32402)    

*What Works Clearinghouse Handbooks (WWC Handbooks)*                     means the standards and procedures set forth in the WWC Standards Handbook, Versions 4.0 or 4.1, and WWC Procedures Handbook, Versions 4.0 or 4.1, or in the WWC Procedures and Standards Handbook, Version 3.0 or Version 2.1 (all incorporated by reference, see § 77.2). Study findings eligible for review under WWC standards can meet WWC standards without reservations, meet WWC standards with reservations, or not meet WWC standards. WWC practice guides and intervention reports include findings from systematic reviews of evidence as described in the WWC Handbooks documentation.                

*Waiver of Proposed Rulemaking:*                     Under the Administrative Procedure Act (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities and definitions. Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from rulemaking requirements regulations governing the first grant competition under a new or substantially revised program authority. This is the first grant competition for this program under the Consolidated Appropriations Act, 2022 and, therefore, qualifies for this exemption. In order to ensure timely grant awards, the Secretary has decided to forgo public comment on the priorities and definitions under section 437(d)(1) of GEPA. These priorities and definitions will apply to the FY 2022 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition.                

*Program Authority:*                     Consolidated Appropriations Act, 2022.                

*Note:*                     Projects will be awarded and must be operated in a manner consistent with the nondiscrimination requirements contained in Federal civil rights laws.                

*Applicable Regulations:*                     (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. (d) The regulations for this program in 34 CFR part 299.                

*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:*                     $8,000,000.                

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 Average Size of Awards:*                     $8,000,000.                

*Estimated Number of Awards:*                     1.                

*Note:*                     The Department is not bound by any estimates in this notice.                

*Project Period:*                     Up to 36 months.                

## III. Eligibility Information

                    1.                     *Eligible Applicants:*                     Eligible national nonprofit organizations.                

*Note:*                     If you are a nonprofit organization, under 34 CFR 75.51, you may demonstrate 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:*                     This competition does not require cost sharing or matching.                

                    b.                     *Supplement-Not-Supplant:*                     This competition involves supplement-not-supplant funding requirements. Under section 4642(b)(2) of the ESEA, funds must be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this program (20 U.S.C. 1221e-3, 3474, and 6511(a)). Accordingly, grantees must comply with 34 CFR 76.564 through 76.569, which apply to agencies of State and local governments that are grantees under programs with a statutory requirement prohibiting the use of Federal funds to supplant non-Federal funds.                

                    c.                     *Indirect Cost Rate Information:*                     This competition 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 competition does not include any program-specific limitation on administrative expenses. All administrative expenses must be reasonable and necessary and conform to Cost Principles described in 2 CFR part 200 subpart E of the Uniform Guidance.                

                    3.                     *Subgrantees:*                     A grantee under this competition may not award subgrants to entities to directly carry out project activities described in its application.                

## IV. Application and Submission Information

                    1.                     *Application Submission Instructions:*                     Applicants are required to follow the Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the                     **Federal Register**                     on December 27, 2021 (86 FR 73264) and available at                     *www.federalregister.gov/​d/​2021-27979,*                     which contain requirements and information on how to submit an application. Please note that these Common Instructions supersede the version published on February 13, 2019, and, in part, describe the transition from the requirement to register in SAM.gov a DUNS number to the implementation of the UEI. More information on the phase-out of DUNS numbers is available at                     *https://www2.ed.gov/​about/​offices/​list/​ofo/​docs/​unique-entity-identifier-transition-fact-sheet.pdf.*

                    2.                     *Submission of Proprietary Information:*                     Given the types of projects that may be proposed in applications for the AAE program, 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 the successful application 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,                           ( print page 32403)                        under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).                

                    3.                     *Intergovernmental Review:*                     This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.                

                    4.                     *Funding Restrictions:*                     We reference regulations outlining funding restrictions in the                     *Applicable Regulations*                     section of this notice.                

                    5.                     *Recommended Page Limit:*                     The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you (1) limit the application narrative to no more than 25 pages and (2) use the following standards:                
    - A “page” is 8.5″ x 11″, on one side only, with 1” margins at the top, bottom, and both sides.
    - Double-space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.
    - Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).
    - Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

The recommended page limit does not apply to the cover sheet; the budget section, including the narrative budget justification; the assurances and certifications; or the one-page abstract, resumes, bibliography, logic model, or letters of support. However, the recommended page limit does apply to all of the application narrative.

*Note:*                     The applicant should include, as an attachment, the logic model used to address selection criterion (b)(2)(iv).                

                    6.                     *Notice of Intent to Apply:*                     The Department will be able to review grant applications more efficiently if we know the approximate number of applicants that intend to apply. Therefore, we strongly encourage each potential applicant to notify us of their intent to submit an application. To do so, please email the program contact person listed under                     **FOR FURTHER INFORMATION CONTACT**                     with the subject line “Intent to Apply,” and include the applicant's name and a contact person's name and email address. Applicants that do not submit a notice of intent to apply may still apply for funding; applicants that do submit a notice of intent to apply are not bound to apply or bound by the information provided.                

## V. Application Review Information

                    1.                     *Selection Criteria:*                     Under the Quality of the Project Design selection criterion, factors (a) and (b)(2)(i) are consistent with section 4642 of the ESEA. The rest of the selection criteria for this competition are from 34 CFR 75.210.                

The points assigned to each criterion are indicated in the parentheses next to the criterion. An applicant may earn up to a total of 100 points based on the selection criteria for the application.

                    (a)                     *Significance*                     (up to 20 points).                

(1) The Secretary considers the significance of the proposed project.

(2) In determining the significance of the proposed project, the Secretary considers the following factors:

(i) The national significance of the proposed project.

(ii) The extent to which the results of the proposed project are to be disseminated in ways that will enable others to use the information or strategies.

(iii) The importance or magnitude of the results or outcomes likely to be attained by the proposed project, especially improvements in teaching and student achievement.

                    (b)                     *Quality of project design*                     (up to 35 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 will provide community and national outreach activities that strengthen and expand partnerships among schools, LEAs, communities, or centers for the arts, including national centers for the arts.

(ii) The extent to which the proposed project is appropriate to, and will successfully address, the arts education needs of pre-kindergarten-through-grade-12 children and youth, with special emphasis on serving children from low-income families and children with disabilities;

(iii) The extent to which the proposed project will integrate with or build on similar or related efforts to improve relevant outcomes (as defined in this notice), using existing funding streams from other programs or policies supported by community, State, and Federal resources.

(iv) The extent to which the proposed project demonstrates a rationale (as defined in this notice).

                    (c)                     *Quality of project services*                     (up to 25 points).                

(1) The Secretary considers the quality of the services to be provided by the proposed project.

(2) In determining the quality of the services to be provided by the proposed project, the Secretary considers the quality and sufficiency of strategies for ensuring equal access and treatment for eligible project participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability.

(3) In addition, the Secretary considers the following factors:

(i) The likely impact of the services to be provided by the proposed project on the intended recipients of those services.

(ii) The extent to which the training or professional development services to be provided by the proposed project are of sufficient quality, intensity, and duration to lead to improvements in practice among the recipients of those services.

(iii) The extent to which the services to be provided by the proposed project involve the collaboration of appropriate partners for maximizing the effectiveness of project services.

                    (d)                     *Quality of the project evaluation*                     (up to 20 points).                

(1) The Secretary considers the quality of the evaluation to be conducted of the proposed project.

(2) In determining the quality of the evaluation, the Secretary considers the following factors:

(i) The extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible.

(ii) The extent to which the methods of evaluation will provide performance feedback and permit periodic assessment of progress toward achieving intended outcomes.

(iii) The extent to which the methods of evaluation will, if well implemented, produce promising evidence (as defined in this notice) about the project's effectiveness.

                    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                           ( print page 32404)                        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 necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).                

                    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to                     *www.ed.gov/​fund/​grant/​apply/​appforms/​appforms.html.*

                    5.                     *Performance Measures:*                     For the purposes of Department reporting under 34 CFR 75.110, the Department has established the following performance measures for the AAE program: (1) The total number of students who participate in arts education sponsored by the grantee; (2) the number of teachers participating in the grantee's program who receive professional development; (3) the total number of low-income students who participate in arts education sponsored by the grantee; and (4) the total number of children with disabilities who participate in arts education sponsored by the grantee.                

All grantees will be expected to submit an annual performance report that includes data addressing these performance measures to the extent that they apply to the grantee's project.

                    6.                     *Continuation Awards:*                     In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, whether the grantee has made substantial progress in achieving                           ( print page 32405)                        the performance targets in the grantee's approved application.                

In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

## VII. Other Information

*Accessible Format:*                     On request to the program contact person listed under                     **FOR FURTHER INFORMATION CONTACT**                    , individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format.                

*Electronic Access to This Document:*                     The official version of this document is the document published in the                     **Federal Register**                    . You may access the official edition of the                     **Federal Register**                     and the Code of Federal Regulations at                     *www.govinfo.gov.*                     At this site you can view this document, as well as all other documents of this Department published in the                     **Federal Register***,*                     in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.                

                    You may also access documents of the Department published in the                     **Federal Register**                     by using the article search feature at                     *www.federalregister.gov.*                     Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.                

Ruth E. Ryder,

Deputy Assistant Secretary for Policy and Programs, Office of Elementary and Secondary Education.

[FR Doc. 2022-11634 Filed 5-27-22; 8:45 am]

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