[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32399-32405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11634]


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

DEPARTMENT OF EDUCATION


Applications for New Awards; Assistance for Arts Education 
Program

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

[[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: 
<a href="/cdn-cgi/l/email-protection#f5b486869c8681949b9690939a87b4878186b091809694819c9a9bb59091db929a83"><span class="__cf_email__" data-cfemail="5c1d2f2f352f283d323f393a332e1d2e282f1938293f3d283533321c3938723b332a">[email protected]</span></a>.
    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

[[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.

[[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 Sec.  77.2). Study findings 
eligible for review under WWC standards can meet WWC standards without 
reservations, meet WWC standards with reservations, or not meet WWC 
standards. WWC practice guides and intervention reports include 
findings from systematic reviews of evidence as described in the 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,

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

[[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

[[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]
BILLING CODE 4000-01-P


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