American Rescue Plan Act Emergency Assistance to Non-Public Schools Program (rule, 86 FR 36648, July 13, 2021)
Summary
Federal Register pages from Tuesday, July 13, 2021 (86 FR 36648) carrying the Department of Education's final requirements for the American Rescue Plan Emergency Assistance to Non-Public Schools (ARP EANS) program, effective July 13, 2021. Section 2002(a) of the ARP Act appropriates $2,750,000,000 for allocations to Governors 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. A school qualifies if its share of students from low-income families meets or exceeds either 40 percent or an alternate percentage the State proposes, and ARP EANS funds may not be used to provide reimbursements to any non-public school. The pages also carry a Coast Guard safety zone on the Cumberland River.
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Cite this document
“American Rescue Plan Act Emergency Assistance to Non-Public Schools Program (rule, 86 FR 36648, July 13, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/american-rescue-plan-act-emergency-assistance-to-non-public-schools-pr-19b687d3f6/
, SHA-256 977a31f1573aa5bdc51743c563510e65c1afed0b21342815624067a0af8c3dde.Full text
36648 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
Cumberland River from mile marker DATES: These final requirements are to each State may be found at: https://
191.1 to mile marker 191.5. effective July 13, 2021. oese.ed.gov/offices/education-
(b) Definitions: As used in this FOR FURTHER INFORMATION CONTACT: Britt stabilization-fund/emergency-
section, designated representative Jung, U.S. Department of Education, 400 assistance-non-public-schools/.
means a Coast Guard Patrol Maryland Avenue SW, Washington, DC As described in more detail below,
Commander, including a Coast Guard 20202. Email: EANS@ed.gov. the Secretary of Education (Secretary) is
coxswain, petty officer, or other officer If you use a telecommunications establishing final requirements for the
operating a Coast Guard vessel and a device for the deaf (TDD) or a text ARP EANS program to (1) make clear
Federal, State, and local officer telephone (TTY), call the Federal Relay that, with the exceptions noted above,
designated by or assisting the Captain of Service (FRS), toll free, at 1–800–877– the requirements of the EANS program
the Port Sector Ohio Valley (COTP) in 8339. authorized under section 312(d) of
the enforcement of the safety zone. division M of the CRRSA Act (CRRSA
(c) Regulations. (1) Under the general SUPPLEMENTARY INFORMATION: EANS) apply to ARP EANS, and (2)
safety zone regulations in subpart C of Purpose of Program: Section 2002 of establish guidelines to determine that a
this part, you may not enter the safety the ARP Act, titled ‘‘Emergency non-public school enrolls a significant
zone described in paragraph (a) of this Assistance to Non-Public Schools,’’ percentage of students from low-income
section unless authorized by the COTP appropriates $2,750,000,000 for the families and is most impacted by the
or the COTP’s designated representative. Department to make allocations to COVID–19 emergency.
(2) To seek permission to enter, Governors under the ARP EANS Prior to issuing these final
contact the COTP or the COTP’s program ‘‘to provide services or requirements, the Department invited
representative by VHF–FM radio assistance to non-public schools that comment regarding implementation of
channel 16 or phone at 1–800–253– enroll a significant percentage of the requirement ‘‘to provide services or
7465. Those in the safety zone must [students from low-income families] and assistance to non-public schools that
comply with all lawful orders or are most impacted by the [COVID–19] enroll a significant percentage of
directions given to them by the COTP or emergency.’’ 1 [students from low-income families] and
the COTP’s designated representative. Program Authority: ARP Act, Public are most impacted by the [COVID–19]
(d) Enforcement periods. This rule Law 117–2, March 11, 2021. emergency’’ as part of the Notice
will be enforced from 2 p.m. until 6:30 Background: The ARP Act extends the Inviting Applications and Announcing
p.m. on August 6, 2021, from noon until EANS program authorized under section Allocations for the Emergency
5 p.m. on August 7, 2021, and from 4:30 312(d) of division M of the Coronavirus Assistance to Non-Public Schools
p.m. until 7 p.m. on August 8, 2021. Response and Relief Supplemental Program Under the American Rescue
Dated: July 1, 2021. Appropriations Act, 2021 (CRRSA Act), Plan Act of 2021, issued on April 12,
A.M. Beach, with two exceptions: (1) A State 2021.2 The Department received 66
Captain, U.S. Coast Guard, Captain of the educational agency (SEA) may only comments, which it reviewed and
Port Sector Ohio Valley. provide services or assistance under considered in developing these final
[FR Doc. 2021–14644 Filed 7–12–21; 8:45 am]
ARP EANS to non-public schools that requirements.
enroll a significant percentage of With respect to the significant poverty
BILLING CODE 9110–04–P
students from low-income families and percentage, comments generally fell into
are most impacted by the COVID–19 three groups that advocated for: (1)
emergency, and (2) an SEA may not use Establishing a specific significant
DEPARTMENT OF EDUCATION poverty percentage, as high as 75
ARP EANS funds to provide
34 CFR Chapter II reimbursements to any non-public percent; (2) prioritizing schools in the
school. same manner as under the CRRSA
RIN 1810–AB63 Under the ARP EANS program, EANS program; or (3) providing a State
consistent with section 312(d)(1) of discretion to determine the significant
American Rescue Plan Act Emergency division M of the CRRSA Act, the poverty percentage for non-public
Assistance to Non-Public Schools
Department will allot funds by formula schools within the State. Commenters
Program
to each Governor with an approved advocating for a specific high poverty
AGENCY: Office of Elementary and application based on the State’s relative percentage did so on the premise that it
Secondary Education, Department of share of children aged 5 through 17 who would ensure that resources are targeted
Education. are from families at or below 185 to the most under-resourced
ACTION: Final requirements. percent of the 2020 Federal poverty communities, which they assert is
level and enrolled in non-public consistent with congressional intent.
SUMMARY: The U.S. Department of schools, as determined by the Multiple commenters noted that a 75-
Education (Department) establishes Department on the basis of non-public percent poverty percentage would align
requirements for the American Rescue school enrollment data from the U.S. with the definition of a ‘‘high-poverty
Plan Emergency Assistance to Non- Census Bureau’s American Community school’’ used by the National Center for
Public Schools (ARP EANS) program Survey (ACS) Public Use Microdata Education Statistics and the threshold
under the American Rescue Plan Act of Sample (PUMS) for 2015–2019, which for serving public schools in rank order,
2021 (ARP Act). This document is can be accessed here: https:// without regard to grade spans,
intended to clarify the requirements www.census.gov/programs-surveys/acs/ applicable to within-district allocations
applicable to the ARP EANS program, microdata.html. The amount available under title I, part A (title I) of the
including the requirement to provide Elementary and Secondary Education
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services or assistance to non-public 1 Under these final requirements, ‘‘students from
Act of 1965 (ESEA) (see section
schools that enroll a significant low-income families’’ has the same meaning as 1113(a)(3)(A) of the ESEA). By contrast,
percentage of students from low-income ‘‘low-income students’’ under section 2002(a) of the
ARP Act. ‘‘Students from low-income families’’ is other commenters asserted that an
families and are most impacted by the a term used in section 312(d) of division M of the
novel Coronavirus Disease 2019 Coronavirus Response and Relief Supplemental 2 https://oese.ed.gov/files/2021/04/FINAL-ARP-
(COVID–19) emergency. Appropriations Act, 2021. EANS-notice-4.12.21.pdf.
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36649
excessively rigorous, one-size-fits-all provide reimbursements to a non-public percentage. Finally, the non-public
threshold would be inappropriate in the school. school must be most impacted by the
context of non-public schools and their Reasons: The final requirements COVID–19 emergency based on the
States’ specific circumstances and clarify for States that, except for the two State’s factor(s).
therefore recommended that States be exceptions noted in the statute, all of The final requirements reflect nearly
given discretion to determine what the requirements in the CRRSA EANS all the comments we received. They
constitutes a significant poverty program apply to ARP EANS funds. establish a specific significant poverty
percentage. In support of a more flexible Making this clarification ensures that percentage that a State may adopt
approach, one State provided data States and non-public schools are aware without further explanation, although
indicating that a significant number of of all EANS program requirements, that percentage is not as high as some
non-public schools that applied under including statutory timelines, commenters recommended for reasons
CRRSA EANS would be ineligible under assurances required in a Governor’s discussed below. They also afford a
ARP EANS even with a poverty application, and other application State some discretion to propose an
percentage as low as 30 percent. Taking requirements for both the Governor’s alternate significant poverty percentage
these comments into account, the and a non-public school’s application. based on circumstances within the
Department sought to establish a The final requirements also clarify the State, as most commenters suggested.
specific significant poverty percentage allowable services and activities that an The final requirements do not, however,
while also recognizing that there are SEA may provide to non-public schools. adopt the view of some commenters
State circumstances that may warrant a Significantly, they make clear that, who suggested implementing ARP
different significant poverty percentage unlike under CRRSA EANS, an SEA EANS in the same manner as CRRSA
in a given State. may not use ARP EANS funds to EANS to reduce burden on SEAs and
In terms of determining the non- provide reimbursements to any non- non-public schools. We believe the ARP
public schools most impacted by the public school. Act does not support this suggestion,
COVID–19 emergency, commenters because it specifically changed the
Determining Non-Public Schools To Be language in the CRRSA Act from
generally noted that the Department’s Served
Frequently Asked Questions: Emergency ‘‘prioritize services or assistance to non-
Assistance to Non-Public Schools Determining Non-Public Schools That public schools that enroll low-income
(EANS) Program as Authorized by the May Receive Services or Assistance students and are most impacted by the
Coronavirus Response and Relief [COVID–19] emergency’’ to ‘‘provide
Statute: Under section 2002(a) of the services or assistance to non-public
Supplemental Appropriations Act, 2021 ARP Act, services or assistance to non-
(CRRSA Act) (EANS FAQs) 3 provided schools that enroll a significant
public schools under the ARP EANS percentage of low-income students and
an appropriate range of factors. The program are limited to ‘‘non-public
final requirements include a majority of are most impacted by the [COVID–19]
schools that enroll a significant emergency.’’ The ARP Act language
the factors identified in the percentage of [students from low-
Department’s previously issued EANS differs from the CRRSA Act in two
income families] and are most impacted significant respects: (1) Rather than
FAQs. by the [COVID–19] emergency.’’ establishing a ‘‘priority’’ for serving
General Requirements Final Requirements: The final schools with students from low-income
requirements require a Governor, in his families that then permits other non-
Applicability of CRRSA EANS or her application for ARP EANS funds, public schools to be served, the ARP Act
Requirements to identify the significant poverty requires a non-public school to enroll a
Statute: Section 2002(a) of the ARP percentage and the factors of COVID–19 percentage of students from low-income
Act appropriates an additional impact the State will use, after approval families, and (2) the ARP Act requires
$2,750,000,000 for making allocations to by the Secretary, to determine which that poverty percentage to be
Governors under the EANS program to non-public schools are eligible to ‘‘significant.’’ The final requirements
provide services or assistance to non- receive services or assistance. In reflect this change.
public schools that enroll a significant addition to meeting the definition of a
percentage of students from low-income non-public school in section 316(6) of Enrollment of a Significant Percentage
families and are most impacted by the division M of the CRRSA Act and the of Students From Low-Income Families
COVID–19 emergency. Section 2002(b) eligibility requirement in section Statute: Under section 2002(a) of the
further clarifies that the funds provided 312(d)(9) of division M of the CRRSA ARP Act, services or assistance to non-
under section 2002(a) may not be used Act, a non-public school must meet or public schools under the ARP EANS
to provide reimbursements to any non- exceed the State’s significant poverty program is limited to ‘‘non-public
public school. percentage and be most impacted by the schools that enroll a significant
Final Requirements: These COVID–19 emergency. percentage of [students from low-
requirements make clear that all of the Reasons: This requirement clarifies income families] and are most impacted
provisions of the CRRSA EANS program those non-public schools that are by the [COVID–19] emergency.’’
also apply to the ARP EANS program eligible to receive services or assistance Final Requirements: Under the final
with two exceptions: (1) An SEA may under the ARP EANS program. A non- requirements, a non-public school is
provide services or assistance under public school must meet the definition considered to enroll a significant
ARP EANS only to an eligible non- of ‘‘non-public school’’ in section 316(6) percentage of students from low-income
public school that enrolls a significant of division M of the CRRSA Act and the families, as defined in these
percentage of students from low-income eligibility requirement in section requirements, if the percentage of
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families and is most impacted by the 312(d)(9) of division M of the CRRSA students from low-income families
COVID–19 emergency, and (2) an SEA Act. In addition, the percentage of enrolled in the school meets or exceeds
may not use ARP EANS funds to students from low-income families in 40 percent, based on the data source(s)
the non-public school must meet or selected by the State under these
3 https://oese.ed.gov/files/2021/03/Final-EANS- exceed either 40 percent or the State’s requirements. Alternatively, a State may
FAQ-2.0-3.19.21.pdf. approved alternate significant poverty propose and, if approved by the
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36650 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
Secretary, use an alternate significant Finally, the final requirements also reasonable way to identify communities
poverty percentage based on permit a State to support an alternate most impacted by the COVID–19
circumstances in the State, which may significant poverty percentage based on emergency. Additionally, students are
be (1) the State’s average percentage of factors that the State demonstrates facing significant academic challenges
students from low-income families in reflect significant poverty. For example, as a result of the lost instructional time,5
public and non-public schools, (2) the a State might submit data showing the and social, emotional, and mental
average percentage of students from relative rates of poverty in non-public health impacts attributable to the
low-income families in non-public schools as compared to public schools, disruption of instruction caused by the
schools in the State that, for example, or the percentage of non-public schools COVID–19 emergency. Depending upon
applied for or participated in the that would be excluded at different the specific circumstances, these issues
CRRSA EANS program, or (3) other poverty percentages, and explain why may be more pronounced in some non-
factors that the State demonstrates those data support the requested public schools than others. Finally, the
support an alternate significant poverty alternate percentage. COVID–19 emergency has had a
percentage. We believe these alternatives address disproportionate economic impact on
Reasons: A 40-percent poverty some commenters’ concerns that a State many communities,6 including high
percentage has long been recognized as should have the opportunity to propose rates of unemployment, which may
a measure of significant poverty to a significant poverty percentage that have a concomitant impact on non-
operate a schoolwide program under reflects circumstances within the State. public schools serving such
title I of the ESEA. In the context of title We know that poverty percentages vary communities.
I, 40-percent poverty is the statutory considerably among States and between Given the wide-ranging impact of the
threshold for a title I school to use title public and non-public schools. The COVID–19 emergency on schools and
I funds to upgrade the entire alternatives permit a State to propose a communities throughout the Nation, we
educational program of a school and significant poverty percentage relative recognize that there is no single factor
serve all students. (See section to poverty within the State. with which to assess the impact of the
1114(a)(1)(A) of the ESEA). Given Most Impacted by the COVID–19 COVID–19 emergency on non-public
Congress’ recognition of 40 percent as Emergency Statute schools. Thus, in addition to one or
significant within the context of title I, more of the above factors, the final
we believe it presents a reasonable Under section 2002(a) of the ARP Act, requirements allow an SEA to use other
threshold with respect to the ARP EANS services or assistance to non-public factors included in the State’s approved
program as well. schools under the ARP EANS program application to determine the non-public
We recognize, however, that there is limited to ‘‘non-public schools that schools most impacted by the COVID–
may be circumstances in the State that enroll a significant percentage of 19 emergency.
may warrant establishing a different [students from low-income families] and We recognize that non-public schools
significant percentage of students from are most impacted by the [COVID–19] often draw students from communities
low-income families for non-public emergency.’’ other than the one in which they are
Final Requirements: Under the final located. Thus, the factors in the final
schools. As a result, under the final
requirements, an SEA determines if a requirements related to per capita
requirements, a State has the option of
non-public school is most impacted by COVID–19 infections and deaths as well
using an alternate significant poverty
the COVID–19 emergency based on one as economic impact are relative to the
percentage upon approval by the
or more of the following factors: (1) The community or communities served by a
Secretary based on factors in the State.
number of COVID–19 infections per non-public school, which the SEA has
To receive approval, a State must
capita in the community or flexibility to determine.
provide data and a supporting rationale
communities served by the non-public The final requirements reflect many of
to justify the use of such alternative as
school; (2) the number of COVID–19 the comments recommending that the
part of its ARP EANS application.
deaths per capita in the community or Department use the factors in the EANS
The final requirements permit a State communities served by the non-public
to apply to use an alternate significant FAQs and give States a range of options.
school; (3) data on the academic impact Some commenters urged that the impact
poverty percentage based on the State’s of lost instructional time and the social,
average percentage of students from of the COVID–19 emergency not be
emotional, or mental health impacts allowed to outweigh poverty. The final
low-income families in both public and attributable to the disruption of
private schools. This option recognizes requirements use a majority of the
instruction caused by the COVID–19 factors in the EANS FAQs and permit an
that the determination of what emergency; or (4) the economic impact
constitutes a significant poverty SEA to add others included in the
of the COVID–19 emergency on the State’s approved application for EANS
percentage may vary from State to State community or communities served by
based on a particular State’s relative funding. They also make clear that a
the non-public school. In addition to non-public school must meet both the
level of poverty. using one or more of these factors, an
The final requirements also allow a SEA may use other factors included in available at https://covid.cdc.gov/covid-data-
State to apply to use an alternate the State’s approved application to tracker/, which includes community data on
significant poverty percentage based on, determine which non-public schools are reported COVID–19 cases and deaths.
for example, the average percentage of most impacted by the COVID–19
5 We note that section 312(d)(4)(L) of division M
students from low-income families in emergency.
of the CRRSA Act specifically authorizes the use of
non-public schools in the State that EANS funds to address ‘‘learning loss,’’ which the
Reasons: The final requirements final requirements refer to as the ‘‘academic impact
applied for or participated in the afford a State several options from of lost instructional time.’’
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CRRSA EANS program. Using an which to choose in assessing impact. 6 See, e.g., Aaron Klein & Ember Smith,
average percentage of poverty in non- COVID–19 infection and death rates are Explaining the Economic Impact of COVID–19: Core
public schools could allow a State to Industries and the Hispanic Workforce, Brookings
readily available 4 and provide a Institution (Feb. 5, 2021), https://
establish an appropriate significant www.brookings.edu/research/explaining-the-
poverty percentage relative to non- 4 The Centers for Disease Control and Prevention economic-impact-of-covid-19-core-industries-and-
public schools in the State. provides a COVID Data Tracker on its website, the-hispanic-workforce/.
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36651
State’s significant poverty percentage through 17 because that is the age range enrolled in a non-public school, an SEA
and be most impacted by the COVID–19 section 312(d)(1)(B) of division M of the may use one or more of the following
emergency, as required by the ARP Act. CRRSA Act requires the Department to sources of data, provided the poverty
use to allocate EANS funds to States. threshold is consistent across sources
Transparency
Additionally, that age range is used in and does not exceed 185 percent of the
Statute: Section 312(d)(2)(B)(i) of the other contexts involving Federal 2020 Federal poverty level: (1) Free or
CRRSA Act requires an SEA to education funds, including allocating reduced-price lunch data; (2) data from
‘‘distribute information about the funds to local educational agencies and the E-rate program; (3) data from a
[EANS] program to non-public schools determining the proportional share for different source, such as scholarship or
and make the information . . . easily equitable services under title I of the financial assistance data; or (4) data
available.’’ Under 20 U.S.C. 1221e-3, the ESEA. (See, for example, sections from a survey developed by the SEA.
Secretary has the authority to 1117(c)(1) and 1124(c)(1) of the ESEA). Reasons: Free and reduced-price
promulgate rules governing the The Department chose to set a limit on lunch data is the source of poverty data
programs administered by the the poverty threshold for the family of most aligned to 185 percent of the 2020
Department. a student to be counted as low-income Federal poverty level. The Department
Final Requirements: Following at 185 percent of the 2020 Federal recognizes, however, that many non-
approval of the Governor’s ARP EANS poverty level for several reasons. public schools do not participate in the
application by the Secretary, an SEA Section 312(d)(1)(B) of division M of the Federal meals program. E-rate data are
must publish on its website, on or CRRSA Act requires the Department to similarly aligned but also may not be
before the date it makes applications for allocate EANS funds to each State based available for many non-public schools.
services or assistance available to non- on the proportion of children aged 5 Accordingly, the Department includes
public schools, the State’s approved (1) through 17 ‘‘at or below 185 percent of other sources of data for an SEA to
minimum percentage to determine poverty who are enrolled in non-public choose that should be more readily
whether a non-public school enrolls a schools in the State.’’ The threshold to available to non-public schools. An SEA
significant percentage of students from qualify for free and reduced-price meals may also send a survey to non-public
low-income families; (2) source(s) of under the Richard B. Russell National school families to collect poverty data
poverty data to be used in determining School Lunch Act (42 U.S.C. 1751 et for use in meeting the SEA’s threshold
counts of students from low-income seq.) is 185 percent of the Federal for significant percentage of students
families in a non-public school; and (3) poverty level, and eligibility for free and from low-income families, provided the
factors to determine whether a non- reduced-price meals also is the poverty SEA has sufficient time to distribute,
public school is most impacted by the measure most often used for collect, and compile data from the
COVID–19 emergency. determining within-district allocations surveys.
Reasons: We believe transparency and for identifying the economically The final requirements afford an SEA
regarding the significant poverty disadvantaged subgroup for some latitude to select one or more
percentage, sources of poverty data, and accountability and reporting purposes sources of poverty data, provided the
factors for determining schools most under title I of the ESEA. One hundred poverty threshold is consistent among
impacted by the COVID–19 emergency eighty-five percent of the Federal sources and does not exceed 185
that a State uses are important given the poverty level is also the threshold to percent of the Federal poverty level.
potential variations among States. qualify for the E-rate program Such latitude was particularly requested
Transparency would ensure that all administered by the Federal by commenters representing the non-
stakeholders are aware of the specific Communications Commission (47 CFR public school community, given that not
criteria each State plans to apply in 54.500, 54.505(b)). Finally, several every school has the same poverty data
determining which non-public schools commenters recommended 185 percent on its families. The Department
receive services or assistance under the of the Federal poverty level as the encourages an SEA to consult with non-
ARP EANS program. threshold for family income. For these public school officials regarding
reasons, the Department believes it is available sources of poverty data.
Determining Low-Income Counts the appropriate standard of low-income Additionally, given that not all non-
Low-Income Threshold status for use in determining what public schools have access to the same
constitutes a significant percentage of poverty data, the Department
Statute: Under section 2002(a) of the students from low-income families in encourages an SEA to permit multiple
ARP Act, services or assistance to non- non-public schools in order to provide sources of data, among schools or
public schools under the ARP EANS services or assistance under the ARP within a school, provided those data use
program are limited to ‘‘non-public EANS program. a consistent poverty threshold.
schools that enroll a significant
percentage of [students from low- Sources of Data on Family Income Final Requirements
income families] and are most impacted Statute: Under section 2002(a) of the The Secretary establishes the
by the [COVID–19] emergency.’’ Neither ARP Act, services or assistance to non- following final requirements for the
the ARP Act nor the CRRSA Act defines public schools under the ARP EANS ARP EANS program:
‘‘students from low-income families’’ or program are limited to ‘‘non-public (a) In general. A State educational
‘‘low-income students.’’ schools that enroll a significant agency (SEA) must provide services or
Final Requirements: To be counted as percentage of [students from low- assistance under the Emergency
a student from a low-income family for income families] and are most impacted Assistance to Non-Public Schools
purposes of these requirements, a by the [COVID–19] emergency.’’ Neither (EANS) program, as authorized by the
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student must be aged 5 through 17 from the ARP Act nor the CRRSA Act defines American Rescue Plan Act of 2021 (ARP
a family whose income does not exceed the term ‘‘students from low-income Act), in accordance with the
185 percent of the 2020 Federal poverty families’’ or ‘‘low-income students.’’ requirements applicable to the EANS
level. Final Requirements: Under the final program under section 312(d) of
Reasons: The Department defined the requirements, to obtain a count of division M of the Coronavirus Response
count of children as those aged 5 students from low-income families 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), (D) The economic impact of the impracticable, unnecessary, or contrary
except that— COVID–19 emergency on the to the public interest.’’ (5 U.S.C.
(1) An SEA may provide such services community or communities served by 553(b)(B)).
or assistance only to an eligible non- the non-public school. Here, there is good cause for waiving
public school that enrolls a significant (ii) In addition to using one or more notice and comment rulemaking. Notice
percentage of students from low-income of the factors identified in paragraph and comment rulemaking would be
families and is most impacted by the (b)(3)(i), an SEA may use other factors impracticable because the time involved
COVID–19 emergency; and included in the State’s approved would preclude emergency funds being
(2) An SEA may not use such funds application for EANS funding under the available to meet exigent needs of non-
to provide reimbursements to any non- ARP Act to determine that a non-public public schools resulting from the
public school. school is most impacted by the COVID– COVID–19 emergency, including the
(b) Determining non-public schools to 19 emergency. provision of services to address the
be served. (4) An SEA must publish on its academic impact of lost instructional
(1) To provide services or assistance website, on or before the date it makes time among non-public school students.
to a non-public school under paragraph applications for EANS services or The COVID–19 emergency continues to
(a), an SEA must determine, consistent assistance under the ARP Act available present extraordinary circumstances,
with the State’s approved application to non-public schools, the State’s including widespread school closures,
for EANS funding under the ARP Act, approved— significant loss of instructional time,
that the school— (i) Minimum percentage to determine and trauma for students, educators, and
(i) Enrolls a significant percentage of whether a non-public school enrolls a other staff.
students from low-income families in significant percentage of students from The final requirements provide
accordance with paragraphs (b)(2) and low-income families; reasonable parameters to address
(c) of this section; and (ii) The source(s) of poverty data the ambiguities regarding how to provide
(ii) Is most impacted by the COVID– State will use to determine counts of services or assistance to eligible non-
19 emergency in accordance with students from low-income families in a public schools that enroll a significant
paragraph (b)(3) of this section. non-public school; and percentage of students from low-income
(2) A non-public school enrolls a (iii) Factors to determine whether a families and are most impacted by the
significant percentage of students from non-public school is most impacted by COVID–19 emergency. Accordingly, the
low-income families if the percentage of the COVID–19 emergency. final requirements are critical to
students from low-income families (c) Determining low-income counts.
ensuring that SEAs effectively and
enrolled in such school meets or (1) To be counted as a student from a
timely implement the ARP EANS
exceeds— low-income family for purposes of this
program. In addition, the Department
(i) 40 percent; or section, a student must be aged 5
(ii) An alternate significant percentage believes it is important to make clear the
through 17 from a family whose income
approved by the Secretary in the State’s continued applicability of EANS
does not exceed 185 percent of the 2020
application for EANS funding under the requirements under the CRRSA Act,
Federal poverty level.
ARP Act that is based on circumstances (2) To obtain a count of students from except as otherwise provided in the
in the State, which may be— low-income families enrolled in a non- ARP Act. However, going through the
(A) The State’s average percentage of public school under paragraph (c)(1), an full rulemaking process would delay the
students from low-income families in SEA may use one or more of the ability of SEAs to provide services or
public and non-public schools; following sources of data, provided the assistance to eligible non-public schools
(B) The average percentage of students poverty threshold is consistent across using ARP EANS funds, which are
from low-income families in non-public sources— emergency funds intended to meet the
schools in the State that, for example, (i) Data on student eligibility for free immediate needs of non-public schools,
applied for or participated in the EANS or reduced-price lunch under the including their students and teachers.
program as authorized by the CRRSA Richard B. Russell National School Establishing these final requirements
Act; or Lunch Act (43 U.S.C. 1751 et seq.); now, without the delay of notice and
(C) Other factors that the State (ii) Data from the E-rate program comment rulemaking, enables SEAs to
demonstrates support an alternate administered by the Federal effectively use ARP EANS funds to
significant poverty percentage. Communications Commission (47 CFR provide services or assistance to non-
(3)(i) A non-public school is most 54.500, 54.505(b)); public schools to address the immediate
impacted by the COVID–19 emergency (iii) Data from a different source, such safety and academic needs of students
based on one or more of the following as scholarship or financial assistance and help such schools safely return to
factors— data; or or continue in-person instruction.
(A) The number of COVID–19 (iv) Data from a survey developed by The Department has moved with
infections per capita in the community the SEA. urgency to publish this document in an
or communities served by the non- expedited fashion to ensure timely
Waiver of Notice and Comment availability of funds to non-public
public school;
(B) The number of COVID–19-related Rulemaking and Delayed Effective Date schools. The ARP Act was signed into
deaths per capita in the community or Under the Administrative Procedure law on March 11, 2021. Just one month
communities served by the non-public Act (APA) (5 U.S.C. 551–559), the later, on April 12, 2021, the Department
school; Department generally offers interested published a request for information
(C) Data on the academic impact of parties notice of and the opportunity to from the public to obtain comments that
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lost instructional time and the social, comment on proposed requirements. were due on April 26, 2021. After
emotional, and mental health impacts However, the APA provides that an reviewing and considering the 66
on students attending the non-public agency is not required to conduct notice comments received, the Department is
school attributable to the disruption of and comment rulemaking ‘‘when the publishing this document about two
instruction caused by the COVID–19 agency for good cause finds . . . that months after the comments were
emergency; or notice and public procedure thereon are received.
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36653
Additionally, as noted above, the Budget (OMB). Section 3(f) of Executive desired behavior, or providing
Department invited comment regarding Order 12866 defines a ‘‘significant information that enables the public to
implementation of the requirement ‘‘to regulatory action’’ as an action likely to make choices.
provide services or assistance to non- result in a rule that may— Executive Order 13563 also requires
public schools that enroll a significant (1) Have an annual effect on the an agency ‘‘to use the best available
percentage of [students from low- economy of $100 million or more, or techniques to quantify anticipated
income families] and are most impacted adversely affect the economy, a sector of present and future benefits and costs as
by the [COVID–19] emergency’’ as part the economy, productivity, competition, accurately as possible.’’ The Office of
of the Notice Inviting Applications and jobs, the environment, public health or Information and Regulatory Affairs has
Announcing Allocations for the safety, or State, local, or Tribal emphasized that these techniques may
Emergency Assistance to Non-Public governments or communities, in a include ‘‘identifying changing future
Schools Program Under the American material way (also referred to as compliance costs that might result from
Rescue Plan Act of 2021, issued on ‘‘economically significant’’ regulations); technological innovation or anticipated
April 12, 2021. The Department (2) Create serious inconsistency or behavioral changes.’’
reviewed and considered the comments otherwise interfere with an action taken The Department has assessed the
received in response to that notice in or planned by another agency; potential costs and benefits, both
the development of these final (3) Materially alter the budgetary quantitative and qualitative, of this
requirements. That prior comment impacts of entitlements, grants, user regulatory action, and we are issuing
process and the Department’s fees, or loan programs or the rights and these final requirements only on a
responsiveness to those comments obligations of recipients thereof; or reasoned determination that their
mitigate the need for notice-and- (4) Raise novel legal or policy issues benefits justify their costs. In choosing
comment rulemaking in this context. arising out of legal mandates, the among alternative regulatory
The APA also requires that President’s priorities, or the principles approaches, we selected those
regulations be published at least 30 days stated in the Executive order. approaches that would maximize net
before their effective date, unless the This regulatory action is an benefits. Based on the analysis that
agency has good cause to implement its economically significant regulatory follows and the reasons stated
regulations sooner. (5 U.S.C. 553(d)(3)). action subject to review by OMB under elsewhere in this document, the
Again, because the ARP EANS funds are section 3(f) of Executive Order 12866. Department believes that the final
needed to address the immediate needs Pursuant to the Congressional Review requirements are consistent with the
of students, educators, and schools due Act (5 U.S.C. 801 et seq.), OMB’s Office principles in Executive Order 13563.
to the COVID–19 emergency, the of Information and Regulatory Affairs We also have determined that this
Secretary also has good cause to waive designated this rule as a ‘‘major rule,’’ regulatory action does not unduly
the 30-day delay in the effective date of as defined by 5 U.S.C. 804(2). interfere with State, local, or Tribal
these requirements under 5 U.S.C. We have also reviewed these governments in the exercise of their
553(d)(3). regulations under Executive Order governmental functions.
13563, which supplements and In this regulatory impact analysis, we
Under the Congressional Review Act
explicitly reaffirms the principles, discuss the need for regulatory action,
(CRA), a major rule may take effect no
structures, and definitions governing the potential costs and benefits, and net
sooner than 60 calendar days after an
regulatory review established in budget impacts.
agency submits a CRA report to
Executive Order 12866. To the extent Elsewhere, under Paperwork
Congress or the rule is published in the
permitted by law, Executive Order Reduction Act of 1995, we identify and
Federal Register, whichever is later. (5
13563 requires that an agency— explain burdens specifically associated
U.S.C. 801(a)(3)(A)). However, the CRA
(1) Propose or adopt regulations only with information collection
creates limited exceptions to this
upon a reasoned determination that requirements.
requirement. (See 5 U.S.C. 801(c), 808).
their benefits justify their costs Need for Regulatory Action
Section 808(2) provides that ‘‘any rule
(recognizing that some benefits and
which an agency for good cause finds These final requirements are intended
costs are difficult to quantify);
(and incorporates the finding and a brief to clarify the provision of services or
(2) Tailor its regulations to impose the
statement of reasons therefor in the rule assistance to eligible non-public schools
least burden on society, consistent with
issued) that notice and public procedure under the ARP EANS program. As
obtaining regulatory objectives and
thereon are impracticable, unnecessary, discussed elsewhere in this document,
taking into account, among other things,
or contrary to the public interest, shall the ARP EANS program provides
and to the extent practicable, the costs
take effect at such time as the Federal significant resources to SEAs through
of cumulative regulations;
agency promulgating the rule (3) Select, in choosing among each respective Governor to provide
determines.’’ As stated above, the alternative regulatory approaches, those such services or assistance to respond to
Department has found good cause to approaches that maximize net benefits the unprecedented educational
issue these final requirements without (including potential economic, disruptions caused by the COVID–19
notice-and-comment rulemaking, and environmental, public health and safety, emergency. The Department believes
thus we are not including the 60-day and other advantages; distributive this regulatory action is needed to
delayed effective date in this document. impacts; and equity); ensure that SEAs provide services or
Executive Orders 12866 and 13563 (4) To the extent feasible, specify assistance to non-public schools in a
performance objectives, rather than the manner consistent with statutory
Regulatory Impact Analysis behavior or manner of compliance a requirements. In particular, the
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Under Executive Order 12866, the regulated entity must adopt; and Department believes it is important to
Secretary must determine whether this (5) Identify and assess available clarify the continued applicability of
regulatory action is ‘‘significant’’ and, alternatives to direct regulation, EANS requirements under the CRRSA
therefore, subject to the requirements of including providing economic Act, except as otherwise provided in the
the Executive order and subject to incentives—such as user fees or ARP Act. Additionally, the Department
review by the Office of Management and marketable permits—to encourage the believes clarification is needed to
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36654 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
ensure that SEAs implement with Secretary that is based on circumstances on SEAs, namely, to provide
fidelity the requirement to provide in the State. As discussed elsewhere in transparency in program administration
services or assistance only to eligible this document, 40 percent has long been by publishing on the SEA website the
non-public schools that enroll a recognized as a measure of significant minimum percentage used to determine
significant percentage of students from poverty under title I of the ESEA. In whether a non-public school enrolls a
low-income families and are most addition to providing clarity, by using significant percentage of students from
impacted by the COVID–19 emergency. this percentage to determine whether a low-income families, source(s) of
Analysis of Costs and Benefits non-public school enrolls a significant poverty data, and the factors to be used
percentage of students from low-income to determine whether a school is most
The Department believes this families, the final requirements employ impacted by the COVID–19 emergency.
regulatory action does not impose a standard that is familiar to SEAs, We estimate that each SEA will need
significant new cost-bearing thereby minimizing burden. By allowing two hours to comply with this website
requirements on SEAs or other entities. an SEA to use an alternate significant posting requirement. At $97.28 per hour
This action primarily serves to clarify or percentage approved by the Secretary, (using mean wages for Education and
give specific meaning to statutory the final requirements also provide Childcare Administrators 7 and
requirements for SEAs in determining appropriate flexibility to SEAs if assuming the total cost of labor,
eligible non-public schools for services circumstances in the State warrant a including benefits and overheard, is
or assistance under the ARP EANS percentage other than 40 percent. equal to 200 percent of the mean wage
program; it generally does not establish The final requirements also establish rate), the total estimated cost for 52
new substantive requirements.
that a student is included in the count SEAs (including the District of
Accordingly, costs associated with this
of students from low-income families Columbia and the Commonwealth of
action are attributable generally to the
enrolled in a non-public school if the Puerto Rico) is approximately $10,100.
program statute. Moreover, in
student is aged 5 through 17 and from Separately, the ARP EANS
promulgating these final requirements,
a family whose income does not exceed application imposes costs on SEAs. We
we have sought where possible to
185 percent of the 2020 Federal poverty estimate that each SEA will need two
minimize the burden on SEAs in
level. This commonly used poverty hours to complete the ARP EANS
applying for ARP EANS funds and in
threshold similarly minimizes the application. At $97.28 per hour, the
complying with the statute. Any costs
burden on SEAs in complying with the total estimated cost for 52 SEAs to
associated with the final requirements
that are not directly attributable to the program statute while also providing complete the ARP EANS application is
statute are outweighed by their benefits clarity in program administration. approximately $10,100.
which, in addition to reduced burden, The final requirements further
establish that, in determining which Net Budget Impacts
include clarity, appropriate flexibility,
and transparency in SEA administration non-public schools are most impacted
We estimate that the discretionary
of the program. by the COVID–19 emergency, an SEA
elements of these final requirements
Under the ARP EANS program, SEAs must use at least one of four identified
will not have an impact on the Federal
provide services or assistance to eligible factors, which notably include the
budget. This regulatory action
non-public schools that enroll a numbers of COVID–19 infections and
establishes requirements for SEAs
significant percentage of students from COVID–19-related deaths in
receiving ARP EANS funds but does not
low-income families and are most communities served by the school. As
affect the amount of funding available
impacted by the COVID–19 emergency. discussed elsewhere in this document,
for this program. We anticipate that the
The final requirements establish that a community COVID–19 infection and
$2.75 billion in ARP EANS funds will
non-public school enrolls a significant death rates are readily available.
be disbursed in Fiscal Year 2021, and
percentage of students from low-income Accordingly, the final requirements
therefore estimate $2.75 billion in
families if the percentage of those would allow an SEA to meet statutory
transfers in Fiscal Year 2021 relative to
students enrolled in the school meets or requirements with minimal burden.
the pre-statutory baseline.
exceeds 40 percent or an alternate Lastly, the final requirements
significant percentage approved by the establish a new substantive requirement 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 $0.02.
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.
Transfers
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Services and assistance to non-public schools that enroll a significant percentage of students from low-income families $2,750.
and are most impacted by the COVID–19 emergency.
7 See https://www.bls.gov/oes/current/oes_
nat.htm.
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36655
Regulatory Flexibility Act Certification requirements for determining non- 104 hours. At $97.28 per hour, the total
The Regulatory Flexibility Act does public schools to be served and estimated cost for 52 SEAs to complete
not apply to this rulemaking because determining low-income counts allow the ARP EANS application (including
there is good cause to waive notice-and- SEAs to use generally available data and the District of Columbia and the
comment rulemaking under the APA (5 employ standards SEAs are familiar Commonwealth of Puerto Rico) is also
U.S.C. 553). with, thereby minimizing cost and approximately $10,100.
burden. The requirement that SEAs Collectively, we estimate that these
Paperwork Reduction Act of 1995 provide transparency in program new information collection activities
As part of its continuing effort to administration, however, by publishing will result in a total estimated cost of
reduce paperwork and respondent on their website the minimum $20,200 and a total estimated burden of
burden, the Department provides the percentage used to determine whether a 208 hours to the public annually. The
general public and Federal agencies non-public school enrolls a significant Department is requesting an emergency
with an opportunity to comment on percentage of students from low-income paperwork clearance from OMB under 5
proposed and continuing collections of families, the source(s) of poverty data, CFR 1320.13 on the OMB 1810–0741
information in accordance with the and the factors to be used to determine data collection associated with these
Paperwork Reduction Act of 1995 (PRA) whether a school is most impacted by final requirements. That request will
(44 U.S.C. 3501 et seq.). This helps the COVID–19 emergency imposes a account for all burden hours and costs
ensure that the public understands the cost and burden hours on SEAs. In discussed within this section.
Department’s collection instructions, addition, the ARP EANS application
respondents provide the requested data will impose a cost and burden hours on Consistent with 5 CFR 1320.8(d), the
in the desired format, reporting burden SEAs. Those costs and burdens are Department is also soliciting comments
(time and financial resources) is discussed below. on the information collection. We must
minimized, collection instruments are For the final requirement to provide receive your comments on the collection
clearly understood, and the Department transparency in program administration activities contained in these final
can properly assess the impact of by publishing on the SEA website the requirements on or before September 13,
collection requirements on respondents. minimum percentage used to determine 2021. Comments related to the
A Federal agency may not conduct or whether a non-public school enrolls a information collection activities must be
sponsor a collection of information significant percentage of students from submitted electronically through the
unless OMB approves the collection low-income families and the factors to Federal eRulemaking Portal at
under the PRA and the corresponding be used to determine whether a school www.regulations.gov by selecting the
information collection instrument is most impacted by the COVID–19 Docket ID number ED–2021–SCC–0101
displays a currently valid OMB control emergency, we estimate that each SEA or via postal mail, commercial delivery,
number. Notwithstanding any other will need two hours to comply with the or hand delivery by referencing the
provision of the law, no person is website posting requirement. At $97.28 Docket ID number and the title of the
required to comply with, or is subject to per hour, the total estimated cost for 52 information collection request at the top
penalty for failure to comply with, a SEAs (including the District of of your comment. Comments submitted
collection of information if the Columbia and the Commonwealth of by postal mail or delivery should be
collection instrument does not display a Puerto Rico) is approximately $10,100, addressed to the PRA Coordinator of the
currently valid OMB control number. and the total estimated burden is 104 Strategic Collections and Clearance
As discussed in the Analysis of Costs hours. Governance and Strategy Division, U.S.
and Benefits section of the Regulatory We estimate that one application will Department of Education, 400 Maryland
Impact Analysis, the Department be prepared by each eligible SEA and Ave. SW, LBJ, Room 6W208D,
believes this regulatory action does not submitted through the Governor of the Washington, DC 20202–8240.
impose significant new cost-bearing respective State. For the time to Note: The Office of Information and
requirements on SEAs or other entities complete the application, we estimate Regulatory Affairs and the Department
and that it primarily serves to clarify or that the number of burden hours per review all comments related to the
give specific meaning to statutory response will be two hours. The total information collection activities posted at
requirements for SEAs. The final estimated number of burden hours is www.regulations.gov.
COLLECTION OF INFORMATION
Estimated
Estimated Total
Hours per cost at an
Information collection activity number estimated
response hourly rate
responses burden hours 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 individuals with disabilities can obtain file, braille, large print, audiotape,
this document in an accessible format. compact disc, or other accessible format.
The ARP EANS program is not subject
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The Department will provide the Electronic Access to This Document:
to Executive Order 12372 and the
regulations in 34 CFR part 79. requestor with an accessible format that The official version of this document is
may include Rich Text Format (RTF) or the document published in the Federal
Accessible Format: On request to the
text format (txt), a thumb drive, an MP3 Register. You may access the official
program contact person listed under FOR
FURTHER INFORMATION CONTACT, 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 FOR FURTHER INFORMATION CONTACT: diversity of perspectives in the
www.govinfo.gov. At this site you can Kristen Rhoads, U.S. Department of development and implementation of
view this document, as well as all other Education, 400 Maryland Avenue SW, services.
documents of this Department Room 5175, Potomac Center Plaza, Public Comment: In response to our
published in the Federal Register, in Washington, DC 20202–5076. invitation to comment in the NPP, 27
text or portable document format (PDF). Telephone: (202) 245–6715. Email: parties submitted comments on the
To use PDF you must have Adobe Kristen.Rhoads@ed.gov. proposed priority, requirement, and
Acrobat Reader, which is available free If you use a telecommunications definitions.
at the site. device for the deaf (TDD) or a text Generally, we do not address
You may also access documents of the telephone (TTY), call the Federal Relay technical and other minor changes. In
Department published in the Federal Service (FRS), toll free, at 1–800–877– addition, we do not address comments
Register by using the article search 8339. that raised concerns not directly related
feature at www.federalregister.gov. to the proposed priority, requirement,
SUPPLEMENTARY INFORMATION:
Specifically, through the advanced and definitions.
Purpose of Program: The
search feature at this site, you can limit Analysis of Comments and Changes:
Comprehensive Centers program
your search to documents published by An analysis of the comments and
supports the establishment of not fewer
the Department. changes in the priority, requirement,
than 20 comprehensive centers to
and definitions since publication of the
Ian Rosenblum, provide capacity building services to
NPP follows.
Deputy Assistant Secretary for Policy and State educational agencies (SEAs), The Department received 27
Programs delegated the authority to perform regional educational agencies (REAs), comments, which addressed several
the functions and duties of the Assistant local educational agencies (LEAs), and
Secretary, Office of Elementary and specific topics, including limiting
schools that improve educational reimbursement of indirect costs,
Secondary Education.
outcomes for all students, close supporting an external evaluator,
[FR Doc. 2021–14862 Filed 7–12–21; 8:45 am] achievement gaps, and improve the meeting the needs of multiple
BILLING CODE 4000–01–P quality of instruction. The purpose of populations and settings, implementing
the National Comprehensive Center on project services, measuring Center
Improving Literacy for Students with outcomes, and managing the Center and
DEPARTMENT OF EDUCATION Disabilities (Center) is to identify or adequacy of resources. Each topic is
34 CFR Chapter III develop evidence-based literacy addressed below.
assessment tools and professional
[Docket ID ED–2020–OSERS–0179] development activities and identify General Comments
evidence-based instruction, strategies, Comment: All commenters expressed
Final Priority, Requirement, and and accommodations for students at risk
Definitions—National Comprehensive overall support for the proposed Center.
of not attaining full literacy skills due to One commenter stressed the importance
Center on Improving Literacy for a disability, including dyslexia
Students With Disabilities of this Center for addressing the needs
impacting reading or writing, or of students in early childhood programs
AGENCY: Offices of Elementary and developmental delay impacting reading, through 12th grade. Another commenter
Secondary Education and Special writing, language processing, noted that the Center could be
Education and Rehabilitative Services, comprehension, or executive important for ensuring quality
Department of Education. functioning. The Center will also education and creating equitable
ACTION: Final priority, requirement, and disseminate its products and learning environments for students with
definitions. information on evidence-based literacy disabilities in both charter and
to families, SEAs, LEAs, REAs, and traditional public schools.
SUMMARY: The Department of Education schools. Discussion: The Department
(Department) announces a priority, Program Authority: Section 203 of the appreciates the comments and agrees
requirement, and definitions for the Educational Technical Assistance Act of with the commenters. The Center to be
National Comprehensive Center on 2002 (ETAA) (20 U.S.C. 9602) and funded under this program will provide
Improving Literacy for Students with section 2244 of the ESEA (20 U.S.C. necessary and valuable technical
Disabilities program (Comprehensive 6674). assistance (TA) related to improving
Centers program), Assistance Listing We published a notice of proposed literacy outcomes for students at risk of
Number 84.283D. The Elementary and priority, requirement, and definitions not attaining full literacy skills due to a
Secondary Education Act of 1965, as (NPP) for this program in the Federal disability.
amended by the Every Student Succeeds Register on March 12, 2021 (86 FR Changes: None.
Act (ESEA), requires the Secretary to 14048). The NPP contained background Comment: One commenter suggested
establish a comprehensive center for information and our reasons for removing language related to competing
students at risk of not attaining full proposing the particular priority, in the global economy. The reviewer
literacy skills due to a disability. The requirement, and definitions. thought that the phrase adds undue
Department may use the priority, There are differences between the stress for students with disabilities.
requirement, and definitions for NPP and this notice of final priority, Discussion: The mission of the
competitions in fiscal year (FY) 2021 requirement, and definitions (NFP) as Department includes ‘‘promoting
and later years. We will use the priority, discussed in the Analysis of Comments student achievement and preparation
requirement, and definitions to award a and Changes section of this document. for global competitiveness.’’ This
cooperative agreement for a
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The substantive changes include not mission applies to all students,
comprehensive center designed to establishing a limit on reimbursement of including students with disabilities and
improve literacy skills for students at indirect costs, adding a requirement we think it is a reasonable expectation
risk of not attaining full literacy skills related to features of screening to have a broad goal of preparing all
due to a disability. assessments, and expanding who the students for the global economy.
DATES: Effective August 12, 2021. Center involves when soliciting a Changes: None.
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File and source
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- Size
- 272,224 bytes
- SHA-256
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- FR-2021-07-13_2021-14862.pdf
- Original
- www.govinfo.gov