80_FR_27126 80 FR 27036 - Final Priorities, Requirements, Definitions, and Selection Criterion-First in the World Program

80 FR 27036 - Final Priorities, Requirements, Definitions, and Selection Criterion-First in the World Program

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 90 (May 11, 2015)

Page Range27036-27049
FR Document2015-11333

The Assistant Secretary for Postsecondary Education announces priorities, requirements, a selection criterion, and definitions under the First in the World (FITW) program. The Assistant Secretary may use these priorities, requirements, selection criterion, and definitions for competitions in fiscal year (FY) 2015 and later years. These priorities, requirements, selection criterion, and definitions will enable the Department to focus the FITW program on identified barriers to student success in postsecondary education and advance the program's purpose to build evidence for what works in postsecondary education through development, evaluation, and dissemination of innovative strategies to support students who are at risk of failure in persisting in and completing their postsecondary programs of study.

Federal Register, Volume 80 Issue 90 (Monday, May 11, 2015)
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Rules and Regulations]
[Pages 27036-27049]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11333]



[[Page 27035]]

Vol. 80

Monday,

No. 90

May 11, 2015

Part III





Department of Education





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34 CFR Chapter IV





 Final Priorities, Requirements, Definitions, and Selection Criterion--
First in the World Program; Applications for New Awards; Final Rule and 
Notices

Federal Register / Vol. 80 , No. 90 / Monday, May 11, 2015 / Rules 
and Regulations

[[Page 27036]]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket No. ED-2015-OPE-0001; CFDA Numbers: 84.116F and 84.116X]


Final Priorities, Requirements, Definitions, and Selection 
Criterion--First in the World Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final priorities, requirements, selection criterion, and 
definitions.

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SUMMARY: The Assistant Secretary for Postsecondary Education announces 
priorities, requirements, a selection criterion, and definitions under 
the First in the World (FITW) program. The Assistant Secretary may use 
these priorities, requirements, selection criterion, and definitions 
for competitions in fiscal year (FY) 2015 and later years.
    These priorities, requirements, selection criterion, and 
definitions will enable the Department to focus the FITW program on 
identified barriers to student success in postsecondary education and 
advance the program's purpose to build evidence for what works in 
postsecondary education through development, evaluation, and 
dissemination of innovative strategies to support students who are at 
risk of failure in persisting in and completing their postsecondary 
programs of study.

DATES: These priorities, requirements, selection criterion, and 
definitions are effective June 10, 2015.

FOR FURTHER INFORMATION CONTACT: Frank Frankfort, U.S. Department of 
Education, 1990 K Street NW., Room 6166, Washington, DC 20006. 
Telephone: (202) 502-7513 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Purpose of Program: Earning a postsecondary degree or credential is 
a prerequisite for the growing jobs of the new economy and the clearest 
pathway to the middle class. The average earnings of college graduates 
are almost twice as high as those of workers with only a high school 
diploma and, over this decade, employment in jobs requiring education 
beyond a high school diploma will grow more rapidly than employment in 
jobs that do not.\1\
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    \1\ Carnevale, A., Smith, N., Strohl, J., Help Wanted: 
Projections of Jobs and Education Requirements Through 2018. 
Georgetown Center on Education and the Workforce, 2010.
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    Today, even though college enrollment has increased by 50 percent 
since 1990, and despite the importance of a postsecondary education to 
financial security for American families, only 40 percent of Americans 
hold a postsecondary degree.\2\ While the vast majority of high school 
graduates from the wealthiest American families continue on to higher 
education, only half of high school graduates from the poorest families 
attend college.\3\ About 60 percent of students at four-year 
institutions earn a bachelor's degree within six years.\4\ For low-
income students, the prospects are even worse, as only 40 percent reach 
completion.\5\ Almost 37 million Americans report ``some college, no 
degree'' as their highest level of education.\6\ Due to these outcomes, 
the United States has been outpaced internationally in higher 
education. In 1990, the United States ranked third in the world in 
degree attainment among 25-34 year olds \7\ (and ranked first in terms 
of university education \8\); in 2012, the United States ranked 
12th.\9\
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    \2\ U.S. Census Bureau. ``Educational Attainment of the 
Population 18 Years and Over, by Age, Sex, Race, and Hispanic 
Origin: 2014'' Retrieved from: http://www.census.gov/hhes/socdemo/education/data/cps/2014/tables.html.
    \3\ National Center for Education Statistics. ``Percentage of 
recent high school completers enrolled in 2-year and 4-year 
colleges, by income level: 1975 through 2012.'' Retrieved from: 
http://nces.ed.gov/programs/digest/d13/tables/dt13_302.30.asp.
    \4\ National Center for Education Statistics. ``Percentage 
distribution of first-time postsecondary students starting at 2- and 
4-year institutions during the 2003-04 academic year, by highest 
degree attained, enrollment status, and selected characteristics: 
Spring 2009.'' Retrieved from: http://nces.ed.gov/programs/digest/d13/tables/dt13_326.40.asp.
    \5\ Id.
    \6\ U.S. Census Bureau, 2012 American Community Survey.
    \7\ Organization of Economic Co-operation and Development, 
Education at a Glance 2004 (Table A3.4b, showing data for 1991).
    \8\ Organization of Economic Co-operation and Development, 
Education at a Glance 1993, Table S5.
    \9\ Organization of Economic Co-operation and Development, 
Education at a Glance 2014.
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    Recognizing these factors, President Obama set a goal for the 
country that America will once again have the highest proportion of 
college graduates in the world. To support this national effort, the 
Administration has outlined a comprehensive agenda that includes 
expanding opportunity and increasing quality at all levels of 
education, from early learning through higher education. The FITW 
program is a key part of this agenda.
    Unlike in previous generations, adult learners, working students, 
part-time students, students from low-income backgrounds, students of 
color, and first-generation students now make up the majority of 
students in college.\10\ Ensuring that these students persist in and 
complete their postsecondary education is essential to meeting our 
Nation's educational challenges. However, the traditional methods and 
practices of the country's higher education system have typically not 
been focused on ensuring successful outcomes for these students, and 
too little is known about what strategies are most effective for 
addressing key barriers that prevent these students from persisting and 
completing.
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    \10\ U.S. Department of Education. 2010. Profile of 
Undergraduate Students: 2007-08. National Center for Education 
Statistics: 2010-205. Washington DC.
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    A key element of the FITW program is its multi-tier structure that 
links the amount of funding that an applicant may receive to the 
quality of evidence supporting the efficacy of the proposed project and 
the scope of its potential impact. In this program, applicants 
proposing practices supported by limited evidence can receive smaller 
grants (Development grants) that support the development and initial 
evaluation of innovative but untested strategies. Applicants proposing 
practices supported by evidence from rigorous evaluations can receive 
larger grants (Validation and Scale-up grants), in amounts commensurate 
to the level of supporting evidence and intended scope, for 
implementation at greater scale to test whether initially successful 
strategies remain effective when adopted in varied locations and with 
large and diverse groups of students. This structure provides 
incentives for applicants to build evidence of the effectiveness of 
their proposed projects and to address the barriers to serving large 
numbers of students within institutions and across institutions, 
systems, States, regions, or the Nation.
    All FITW grantees are required to use part of their budgets to 
conduct independent evaluations (as defined in this notice) of their 
projects. This ensures that projects funded under the FITW program 
contribute significantly to increasing the amount of rigorous research 
available to practitioners and policymakers about which practices work, 
for which types of students, and in what contexts.

    Program Authority:  20 U.S.C. 1138-1138d.
    We published the notice of proposed priorities, requirements, 
selection criterion, and definitions (NPP) for this program in the 
Federal Register on February 23, 2015 (80 FR 9414). That

[[Page 27037]]

notice contained background information and our reasons for proposing 
the particular priorities, requirements, selection criterion, and 
definitions.
    There are some differences between the proposed priorities, 
requirements, definitions, and selection criterion and these final 
priorities, requirements, definitions, and selection criterion. We 
discuss significant changes from the NPP in the Analysis of Comments 
and Changes. We do not discuss minor technical or editorial changes.
    Public Comment: In response to our invitation in the NPP, 38 
parties submitted comments on the proposed priorities, requirements, 
selection criterion, and definitions. We group major issues according 
to subject.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities, requirements, selection criterion, 
and definitions since publication of the NPP follows.

Priorities

Priorities--General

    Comment: Two commenters suggested additional priorities. One 
commenter recommended that the Department add a priority focused on 
improving the transition between secondary and postsecondary education. 
The commenter suggested that this priority could include elements of 
other priorities, such as developing alternatives to single measure 
placement strategies mentioned under Priority 1 (Improving Success in 
Developmental Education) and aligning assessments across secondary and 
postsecondary institutions mentioned under Priority 4 (Developing and 
Using Assessments of Learning). The proposed priority would also 
include setting clear expectations about college for high school 
seniors and providing data on first-year college students' performance 
to their high schools.
    Another commenter acknowledged that developmental education is a 
barrier for many students, but added that students encounter challenges 
even after they have progressed to credit-bearing coursework. The 
commenter recommended adding a priority to address removing barriers to 
credit accumulation and progression. As proposed by the commenter, this 
priority would focus on institutional policies and programs that could 
be improved to promote completion and could include subparts on 
redesigning gateway courses, particularly in mathematics, and academic 
mapping.
    Discussion: We agree with the importance of the issues and topics 
mentioned by the commenters, and believe that the existing priorities 
address these issues. Therefore, we decline to add additional 
priorities.
    As noted in the NPP, in any FITW competition, we may include 
priorities from the Department's notice of final supplemental 
priorities and definitions for discretionary grant programs, published 
in the Federal Register on December 10, 2014 (79 FR 73425) 
(Supplemental Priorities). The Supplemental Priorities include 
priorities on increasing postsecondary success, including academic 
preparation for and awareness of postsecondary education, and using 
assessment data to inform classroom practices. Therefore, we do not 
believe that it is necessary for the Department to develop new 
priorities to address these areas for the FITW program. In addition, 
the priorities we establish here would not preclude an eligible 
applicant from proposing projects that promote cross-sector 
collaboration, such as between secondary and postsecondary 
institutions, provided that the proposed project otherwise meets the 
requirements in the relevant priority. Further, because promoting 
student success aligns with many of the other priorities, we do not 
think it is necessary to add a priority to address this topic.
    We also do not consider it necessary to create a priority that 
focuses on barriers to credit accumulation because many of the final 
priorities encourage applicants to propose new models for promoting 
degree progression. For example, we include a subpart under Priority 5 
(Facilitating Pathways to Credentialing and Transfer) that focuses on 
credentialing pathways.
    Changes: None.
    Comment: Two commenters suggested that applicants should be 
permitted to apply under more than one priority. One stated that an 
integrated approach to reform is needed to achieve substantial 
improvements in student outcomes and recommended that applicants be 
permitted to choose the priorities, or combination of priorities, which 
they wish to address. Another commenter argued that permitting 
applicants to address more than one priority would allow applicants to 
propose more comprehensive solutions to the challenges that inhibit 
student success.
    Discussion: We recognize that the priorities address a complex 
range of problems in postsecondary education that may necessitate 
complex and comprehensive solutions. However, the FITW program is 
designed to generate evidence regarding which interventions most 
effectively address these problems. In order to demonstrate 
effectiveness, a project must be evaluable, which may become more 
difficult as the complexity of the approach increases. Thus, we 
designed the program to focus on one identified challenge by requiring 
applicants to address only one of the priorities. Nonetheless, the 
priorities do not prescribe the intervention or practice that an 
applicant may propose. Accordingly, although an applicant may apply 
under only one priority and the application will be evaluated based on 
how well the applicant addresses that priority, an applicant may 
propose integrated solutions to the challenges identified in one or 
more of the priorities. We also note that the Department may choose to 
apply one or more absolute, competitive preference, or invitational 
priorities in any future competition in order to generate evidence of 
the effectiveness of innovative strategies.
    Changes: None.
    Comment: One commenter recommended that priority be given to 
projects focused on students who have already been served by college 
readiness programs, such as Gaining Early Awareness and Readiness for 
Undergraduate Programs (GEAR UP), so as to leverage the investment that 
has already been made in these students and increase the likelihood of 
success.
    Discussion: The Department is unable to give preference to grantees 
in other Federal programs, such as GEAR UP, and be consistent with the 
priorities which we have established. Nonetheless, applicants may be 
able to strengthen their proposals based on the other types of support 
they are providing through other resources to a particular student 
population before, during, or after the proposed FITW intervention.
    Changes: None.
    Comment: One commenter argued that the FITW program is too narrowly 
focused on completion, and that the Department should be concerned 
about affordability and financial aid. The commenter suggested that the 
FITW program specify outcomes such as indebtedness after college and 
labor market outcomes, including salary.
    Discussion: We appreciate the commenter's suggestion, but believe 
the proposed priorities address these concerns. For example, Priority 6 
(Increasing the Effectiveness of Financial Aid) could include loan 
counseling projects. Priorities 4 (Developing and Using Assessments of 
Learning) and 5 (Facilitating Pathways to Credentialing and Transfer) 
can be used to align curricula and credentials

[[Page 27038]]

to career pathways. Priorities 1 (Improving Success in Developmental 
Education), 2 (Improving Teaching and Learning), 3 (Improving Student 
Support Services), and 5 all address core issues affecting the cost of 
higher education. The primary aim of the FITW program is to support 
projects that will improve the rate of degree and credential 
completion, but student indebtedness and labor market outcomes may also 
be addressed.
    Changes: None.
    Comment: One commenter encouraged the solicitation of proposals 
aimed at building an institutional culture that supports scaled 
reforms, strategic partnerships, deep and broad engagement with 
faculty, staff, and other stakeholders, and constant attention to 
closing achievement gaps.
    Discussion: We believe the priorities, requirements, definitions, 
and selection criterion that we establish here can be used to address 
these important goals. For instance, Priority 2 (Improving Teaching and 
Learning), subpart (iii) speaks specifically to institutional level 
strategies, and Priority 4 (Developing and Using Assessments of 
Learning), subpart (ii) speaks to professional development or training 
of faculty and staff. In addition, the tiers of FITW grants encourage 
institutional partnerships and provide a continuum for funding that 
span from initial, localized development to implementation on a 
national scale. In addition, Priority 9 (Systems and Consortia Focused 
on Large-Scale Impact) and the selection criterion (Collaboration) 
encourage applicants to focus on strategic partnerships.
    Changes: None.
    Comment: One commenter recommended that the Department help make 
college affordable and accessible for students and their families by 
decreasing the price of textbooks and increasing financial aid.
    Discussion: We think it is important to specify here that FITW 
grantees may not disburse project funds to students as financial aid. 
We agree with the commenter that affordability is an important issue 
that merits attention. However, we think that this topic is addressed 
in the priorities announced in this document and in the Supplemental 
Priorities. In FITW Priority 6 (Increasing the Effectiveness of 
Financial Aid), we encourage projects that improve the effectiveness of 
existing financial aid funds through counseling, need-based aid, or 
other strategies. Supplemental Priority 5 (Increasing Postsecondary 
Access, Affordability, and Completion) includes a subpart for projects 
that reduce the net cost (e.g., total cost minus financial aid) of 
college. Open educational resources could additionally be a component 
of many proposed interventions.
    Changes: None.

Priority 1--Improving Success in Developmental Education

    Comment: Several commenters suggested that the Department revise 
this priority to include specific strategies that would support 
students in developmental education. One commenter recommended that the 
Department prioritize projects that blend academic with non-academic 
support systems to track low-income learners in developmental 
education. Another commenter suggested that younger students would 
benefit from having multiple teachers. A third commenter offered 
support for the priority overall and recommended that it include 
partnerships between adult education programs and institutions of 
higher education that can address learners' basic skills and English 
language needs. Finally, one commenter recommended that three 
particular strategies be given preference: (1) Identifying and treating 
academic needs prior to postsecondary enrollment; (2) accelerating 
students' progress by placing them into credit-bearing courses with 
proper support; and (3) integrating academic and other support for 
students in developmental education.
    Discussion: An applicant may propose any of these strategies to 
improve student success in developmental education. We expect 
applicants to consider the needs of their institution and available 
research from the field when designing an application to address this 
priority.
    Changes: None.
    Comment: One commenter expressed support for Priority 1, but 
suggested that the Department allow grantees flexibility in complying 
with other regulations if this priority is selected for use in a 
competition. The commenter raised a concern that grantees could face 
penalties or barriers to implementing novel ideas and that implementing 
a project designed to address the priority would be unduly burdensome 
for support staff.
    Discussion: We appreciate the commenter's concerns, but do not 
believe that the priority creates barriers to implementation of 
interventions designed to address the challenges identified in the 
priority. We think it is important to clarify that these priorities 
correspond to what the Department believes are the greatest challenges 
in postsecondary education and the areas most in need of innovative 
ideas to address barriers to postsecondary student success. We also 
believe that clear communication, strong partnerships, and project 
leadership are important in order to successfully implement an 
intervention. While the Department encourages grantees to consider and 
address these issues, we do not include them specifically in the 
priorities.
    Changes: None.
    Comment: One commenter expressed concern that the heavy workload of 
developmental courses may direct time and energy away from students' 
other credit-bearing courses, particularly for high-need students. The 
commenter recommended that the Department calculate for each 
application the time or opportunity cost to students in developmental 
courses.
    Discussion: We agree that developmental coursework may pose 
barriers to student success in degree credit-bearing courses. We 
include a subpart under this priority for projects that redesign 
developmental courses together with occupational or college-content 
coursework.
    In addition, we note that Requirement 5 (Independent Evaluation) 
requires all grantees of the FITW program to use part of their budgets 
to conduct an independent evaluation of their projects. This ensures 
that projects contribute significantly to improving the information 
available to practitioners and policymakers about which practices work, 
for which types of students, and in what contexts. The results of these 
evaluations will be available to the public. Additionally, two of the 
performance measures established for the FITW program are cost per 
participant and cost per successful outcome, so the Department will 
collect data from grantees on these measures.
    Finally, since the ultimate goal is student progress into credit-
bearing courses, many pathways could be proposed.
    Changes: None.
    Comment: One commenter expressed support for the mention of 
contextualized learning in a subpart under this priority. However, the 
commenter noted that variations in accreditation and reporting 
standards across institutions of higher education may inhibit their 
ability to offer more courses built around contextualized learning.
    Discussion: We appreciate the commenter's support and recognize 
that institutions must attend to a variety of accountability 
requirements and standards. The subpart mentions contextualized 
developmental

[[Page 27039]]

education as one example of a strategy to address this priority.
    Changes: None.

Priority 2--Improving Teaching and Learning

    Comment: One commenter expressed support for Priority 2. Another 
commenter echoed this support and suggested that the priority 
specifically emphasize team teaching and faculty professional 
development. This commenter pointed out that team teaching has been 
well researched in elementary and secondary schools and offered 
recommendations for particular evidence-based strategies to test in 
postsecondary education.
    Discussion: We appreciate the commenters' support for Priority 2. 
We believe that Priority 2 allows considerable flexibility for 
applicants to propose innovative strategies to improve teaching and 
learning. We encourage applicants to use strategies that are based on 
the demonstrated needs of their institution and on available research 
in the field.
    Changes: None.
    Comment: One commenter suggested that Priority 2 include a focus on 
system-level or consortia-level projects that track learning among 
transfer students. The commenter argued that this is particularly 
important for non-traditional learners who are more mobile than 
traditional learners. According to the commenter, learning could be 
measured by proficiency development or value-added measures of learning 
associated with a general education curriculum.
    Discussion: We appreciate the commenter's recommendation and agree 
that collaboration among institutions and other partners can lead to 
increased student success. We believe these approaches could be 
addressed in Priorities 4 (Developing and Using Assessments of 
Learning), 5 (Facilitating Pathways to Credentialing and Transfer), and 
9 (Systems and Consortia Focused on Large-Scale Impact).
    Changes: None.
    Comment: One commenter recommended that we revise Priority 2 to 
include references to hybrid and flipped teaching models as well as 
peer-supported learning models, such as supplemental learning and peer 
tutoring. The commenter suggested that these changes could be added to 
subpart (b)(ii) or as a new subpart.
    Discussion: We thank the commenter for this suggestion. We note 
that subpart (b)(ii) of Priority 2 includes a focus on online or 
blended programs. We believe that Priority 2 allows considerable 
flexibility for applicants to propose innovative strategies to improve 
teaching and learning.
    Changes: None.
    Comment: One commenter expressed concern that under-resourced 
institutions may not have the means to implement innovative strategies. 
The commenter particularly highlighted the urgency of improving 
resources for existing programs for high-need students.
    Discussion: We thank the commenter for raising this concern. An 
overall focus of FITW is to improve the resources available to, and the 
success of, high-need students. The Validation and Scale-up tiers of 
the competition have the specific goal of increasing the scale and 
quality of evidence that supports practices that have been demonstrated 
to work for these students. We also appreciate the commenter's concern 
regarding the ability of under-resourced institutions to implement 
innovative strategies. We note that a key feature of the program is an 
emphasis on encouraging cross-institutional collaborations in order to 
build on a variety of institutional resources and strengths.
    Changes: None.

Priority 3--Improving Student Support Services

    Comment: Several commenters expressed strong support for Priority 3 
and noted the urgency of expanding the range and number of students 
served by student support services. One commenter noted that the 
largest barrier to student success is adjusting to the difference 
between high school and college. Another commenter suggested that the 
evidence for student support services is so robust that Priority 3 
should be made an absolute priority in future competitions. A third 
commenter suggested that subpart (b)(iii) should be made an absolute 
priority.
    Discussion: We thank the commenters for their support of Priority 
3. We agree that the transition to postsecondary education, whether 
students enter directly from high school or from the workforce, can be 
challenging. The goal of this priority is to develop, test, and bring 
to scale supports to help students through this transitional period as 
well as during other points along their postsecondary pathways.
    In response to the comments suggesting that this priority be used 
as an absolute priority, we note that the Department has the discretion 
to use any of these priorities in future FITW competitions. The 
Department may choose which, if any, of the priorities or subparts are 
appropriate for a particular competition. If the Department chooses to 
use these priorities, it also has discretion to decide how they should 
be designated (i.e., absolute or competitive preference).
    Changes: None.
    Comment: One commenter suggested that the Department give priority 
to projects that propose new communication tools, including telephone 
consulting, well-staffed satellite locations, and extended in-person 
service hours. Another commenter recommended that technology used to 
automatically provide supports or services should also include 
predictive analytics and eligibility screening for multiple public 
benefits. A third commenter echoed the recommendation for the use of 
predictive analytics.
    Discussion: We appreciate the commenters' suggestions for 
strategies to improve outreach about support services. We decline to 
make the proposed changes because we believe these suggestions are 
adequately addressed in Priority 3. Furthermore, we include predictive 
analytics as a possible strategy under subpart (b)(ii) of Priority 3.
    Changes: None.
    Comment: Two commenters recommended that the Department emphasize 
projects that connect students to a range of financial supports. One 
commenter encouraged the Department to include projects that integrate 
education and training, income and work supports, and financial 
services and asset building for low-income students. Another commenter 
suggested that resources and services should also include connecting 
students to financial counseling.
    Discussion: We agree that financial supports are an important type 
of student support service. We decline to include the proposed 
strategies in Priority 3, however, because we believe that the goal of 
connecting students to financial resources is adequately addressed in 
the priorities. Subpart (b)(iii) of Priority 3 mentions providing 
assistance in accessing government benefits and other resources. In 
addition, subpart (b)(i) of Priority 6 (Increasing the Effectiveness of 
Financial Aid) focuses on financial literacy counseling and resources.
    Changes: None.
    Comment: One commenter recommended that Priority 3 recognize that 
lesbian, gay, bisexual, and transgender (LGBT) students face unique 
challenges. The commenter noted that LGBT students need specifically 
tailored supports both before and during their postsecondary education. 
The commenter strongly

[[Page 27040]]

urged the Department to prioritize proposals that include culturally 
competent services for LGBT students.
    Discussion: As mentioned in the NPP, Priority 3 is designed to 
support investments in strategies that are most likely to increase 
access to effective student services, particularly for individuals from 
groups that have been historically under-served in postsecondary 
education. These individuals may include, but are not limited to, adult 
learners, students from low-income backgrounds, students of color, and 
LGBT students. We further note that recipients of Department funding 
must comply with the nondiscrimination requirements of Title VI of the 
Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 
1973, Title IX of the Education Amendments of 1972, and the Age 
Discrimination Act of 1975. For additional information and assistance 
on civil rights laws that may impose additional requirements on 
recipients and subrecipients of Federal financial assistance, please 
consult the ``Notice on Civil Rights Obligations Applicable to the 
Distribution of Funds under the American Recovery and Reinvestment Act 
of 2009,'' which is available at www2.ed.gov/policy/gen/leg/recovery/notices/civil-rights.html.
    Changes: None.
    Comment: One commenter encouraged the Department to include a focus 
on improving outcomes for high-achieving, low-income students as a 
subpart of Priority 3 or as a new priority. The commenter noted that 
low-income students are less likely to attend selective postsecondary 
institutions and that the majority of high-achieving, low-income 
students do not apply to any selective institutions.
    Discussion: We appreciate the commenter's suggestion and concur 
that strategies to support low-income students merit attention. We note 
that Requirement 1 (Innovations that Improve Outcomes for High-Need 
Students) focuses on students from low-income backgrounds, among other 
high-need student populations. Because this requirement would apply to 
all grantees, regardless of the priority to which they responded in 
their applications, we do not believe it is necessary to make the 
proposed change.
    Changes: None.
    Comment: Two commenters offered suggestions for specific strategies 
to improve student advising services. One commenter requested that we 
revise subpart (b)(ii) to include holistic advising models that 
incorporate multiple factors for determining college readiness and 
academic placements. The commenter also suggested that we revise 
subpart (b)(ii) or (b)(iii) to include career advising to assist 
students in choosing a major or program of study.
    A second commenter also supported the addition of holistic advising 
models in Priority 3. This commenter recommended that the Department 
add a focus on collaboration with employers and other workforce 
partners, including an explicit mention of work-based learning 
opportunities. The commenter suggested that Priority 3 include the 
following strategies: Career counseling during initial advising 
sessions, student supports focused on non-cognitive factors and 
students' external responsibilities, the use of credential pathways or 
maps, peer-to-peer supports, cohort-based approaches, and case 
management approaches.
    Discussion: We thank the commenters for their suggestions. There is 
a wide range of possible strategies to improve student support 
services. The aim of Priority 3 is to support projects that are subject 
to rigorous tests to determine which of these strategies effectively 
improve student outcomes, particularly outcomes related to access, 
persistence, and completion. We decline to make the proposed revisions 
because we do not believe it is appropriate for the Department to 
prescribe which strategies applicants should use to achieve these 
goals.
    Changes: None.

Priority 4--Developing and Using Assessments of Learning

    Comment: Two commenters expressed strong support for Priority 4. 
One commenter suggested that this priority could be made more inclusive 
by adding specific strategies to serve students with disabilities and 
students who are English learners. Another commenter emphasized the 
importance of using educational games for formative assessments. A 
third commenter recommended that we add assessments that measure co-
curricular learning, such as civic engagement and critical thinking 
skills, under subpart (b).
    Discussion: We appreciate the commenters' support for Priority 4. 
We agree that there are many innovative strategies to assess a variety 
of student learning outcomes and that strategies under this and all of 
the priorities should be inclusive of all students. We note that 
students who are English learners are explicitly included in the 
illustrative list of examples included in the definition of ``high-need 
student.'' Students with disabilities could also be considered high-
need, assuming the students are at risk of educational failure or 
otherwise in need of special assistance or support. We also note that 
all recipients of Department funds must comply with the 
nondiscrimination requirements of Title VI of the Civil Rights Act of 
1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the 
Education Amendments of 1972, and the Age Discrimination Act of 1975.
    Changes: None.
    Comment: One commenter requested a definition of ``open-source 
assessments.''
    Discussion: Although the Department does not define open-source 
assessments, in the FITW program we may invite applicants to develop 
assessments of learning that are free and available for others to use 
and refine. We decline to further define the types of assessments that 
applicants may propose.
    Changes: None.
    Comment: One commenter recommended that the Department revise 
subpart (b)(ii) to include additional stakeholders who may be 
responsible for student assessments and to elaborate on different 
assessment types. Specifically, the commenter suggested that the 
priority include student services personnel and mention diagnostic, 
formative, and summative assessments.
    Discussion: We appreciate the commenter's suggestion. While faculty 
are primarily responsible for assessing student learning in the 
classroom, staff may also take part in assessing student learning in 
other settings, such as knowledge and competencies gained through prior 
work experience. We do not wish to impose limitations on applicants by 
specifying the types of allowable assessments, but we have revised the 
priority to refer to the roles of staff in assessment activities.
    Changes: We have revised Priority 4, subpart (b)(ii) to add a 
reference to professional development for staff, as well as faculty.

Priority 5--Facilitating Pathways to Credentialing and Transfer

    Comment: Several commenters expressed strong support for Priority 5 
and its subparts. One commenter agreed that alternative credentialing 
and badging frameworks are needed. Another commenter noted that there 
is mounting support and evidence for credit for prior learning and 
opportunities for students to earn credits prior to enrolling in 
postsecondary education. Echoing this support for prior learning 
credits, a third commenter suggested that we could strengthen this 
priority by clarifying that prior learning

[[Page 27041]]

assessments and other similar strategies are included under this 
subpart.
    Discussion: We appreciate the commenters' support. We agree that 
alternative credentialing frameworks and credit for prior learning are 
promising strategies to recognize student learning and ensure that 
students reach completion. However, we decline to make the suggested 
changes because we believe that they are adequately addressed in the 
existing subparts of the priority. The Department does not wish to 
limit the types of interventions that applicants might propose through 
further specification.
    Changes: None.
    Comment: A commenter requested that the Department include under 
subpart (b)(ii) the validation and transfer of credentialing or badging 
frameworks.
    Discussion: Projects designed to create or refine credentialing or 
badging frameworks could be proposed under this priority. We decline to 
make the requested change in order to avoid being overly prescriptive 
about how to improve pathways to credentialing and transfer.
    Changes: None.
    Comment: Noting that many students pursue postsecondary education 
and training that prepares them for careers, one commenter recommended 
that Priority 5 explicitly mention strategies to improve career 
pathways. Such strategies could include embedding work-based learning 
in credentialing pathways and developing career pathways for high 
school students, disconnected youth, and adult learners.
    Discussion: We thank the commenter for this suggestion. We agree 
that career preparation is indeed a motivating factor for many 
postsecondary students. The goal of this priority is to develop 
innovative strategies to accelerate completion of a wide range of 
credentials, including portable, stackable credentials aligned to 
career pathways, as well as specific pathways for individuals who have 
traditionally been underserved in postsecondary education. We believe 
the priority adequately reflects this goal.
    Changes: None.
    Comment: One commenter suggested that we expand what we mean by 
seamless transfer of credits to include the transfer of postsecondary 
credits between all postsecondary institutions within and across 
States. The commenter also recommended that this priority emphasize 
that credits should be applicable at the receiving institution, and not 
simply transferrable. Furthermore, the commenter urged us to include 
strategies that track student mobility and performance across 
institutions.
    Discussion: We appreciate the commenter's suggestions. We decline 
to make the proposed changes because several priorities already address 
the commenter's recommendations. For example, the transfer of credits 
between institutions is mentioned under subpart (b)(i) of Priority 5 
and is not restricted to institutions in the same State. In addition, 
multi-site strategies are addressed under Priority 9 (Systems and 
Consortia Focused on Large-Scale Impact).
    We are not certain what the commenter intends by referring to 
credits that are applicable rather than simply transferrable. However, 
the aim of Priority 5 is to ensure that students accelerate progress 
towards a degree or credential. Thus, we assume that strategies to 
improve credit transfer would address how credits would be applied 
towards this end.
    Changes: None.

Priority 6--Increasing the Effectiveness of Financial Aid

    Comment: Many commenters expressed support for Priority 6. Two 
commenters recommended focusing on this priority in future FITW 
competitions. Another commenter noted that there is a sufficient number 
of relevant evidence-based strategies to warrant making this an 
absolute priority.
    Discussion: We appreciate the commenters' strong support for 
Priority 6. We agree that there is a substantial body of evidence on 
the effectiveness of financial aid, and we hope that this evidence will 
be useful to potential applicants. However, these priorities are 
intended as a menu of options for future FITW competitions. The 
Department may choose which, if any, of the priorities or subparts are 
appropriate for a particular competition. We note that the Department 
may choose to designate any of these priorities as absolute, 
competitive preference, or invitational in a given FITW competition, 
and that these designations may change in future competitions.
    Changes: None.
    Comment: One commenter urged the Department to create a competitive 
preference priority for historically black colleges and universities 
(HBCUs) that would apply to Priority 6 (``Increasing the Effectiveness 
of Financial Aid'').
    Discussion: We recognize the critical role that minority-serving 
institutions (MSIs), including HBCUs, play in helping our country meet 
the demand for more postsecondary degrees and credentials. Priority 8 
(Improving Postsecondary Student Outcomes at Minority-Serving 
Institutions) addresses issues at those institutions specifically, and 
this includes HBCUs.
    Changes: None.
    Comment: Several commenters recommended specific strategies to 
increase the effectiveness of financial aid. One commenter suggested 
that the Department prioritize projects that use restricted access 
financial aid data or flexible need-based aid. A second commenter 
suggested one-stop shops for financial aid counseling and resources to 
access other public benefits. A third commenter recommended that the 
Department focus on projects that expand or restructure institutional 
aid programs. Finally, a fourth commenter recommended including 
projects that aim to simplify financial aid and test need-plus-merit 
aid.
    Discussion: We thank the commenters for these suggestions. Because 
these projects are permissible under the priority as written, and 
because we want to ensure applicants have as much flexibility as 
possible in designing their proposed strategies, we decline to make the 
proposed changes.
    Changes: None.
    Comment: One commenter recommended that Priority 6 focus on 
students with the greatest financial need.
    Discussion: We appreciate the commenter's suggestion and concur 
that college affordability is a pressing problem for students with 
limited financial resources. This priority aims to simplify access to 
much needed financial supports, particularly those that will have a 
meaningful impact on completion. We do not specify the categories of 
students that must be served in this or in any other priority. However, 
Requirement 1 (Innovations that Improve Outcomes for High-Need 
Students) directs applicants to focus on ``high-need students,'' 
defined in this document to include students at risk of educational 
failure or otherwise in need of special assistance and support. The 
Department has the discretion to select this and other requirements and 
priorities in future FITW competitions. If the Department applies this 
requirement in a future FITW competition, grantees would be required to 
indicate that they are focused on high-need students in response to all 
priorities that they choose to address. We believe that this 
requirement addresses the commenter's concerns and goals.
    Changes: None.

[[Page 27042]]

Priority 7--Implementing Low Cost-High Impact Strategies To Improve 
Student Outcomes

    Comment: Two commenters expressed support for Priority 7. The 
commenters recommended that the Department require all future grantees 
to use low cost-high impact strategies.
    Discussion: We thank the commenters for this expression of support 
and concur that this is an important consideration. The Department has 
the discretion to decide which priorities to use in a given year, as 
well as how to designate those priorities (i.e., absolute, competitive 
preference, or invitational), and may consider the commenters' 
suggestion in the future.
    Changes: None.
    Comment: Two commenters addressed strategies that use technology in 
Priority 7. One commenter recommended adding projects that examine 
whether access to technology is a barrier to effectively implementing 
low cost-high impact strategies. Another commenter noted that 
strategies that use technology are not always low cost, and recommended 
adding strategies that do not require technology, such as peer 
mentoring.
    Discussion: We appreciate these commenters' suggestions. We note 
that projects that use technology to minimize cost are just one example 
under Priority 7. We believe that applicants are best able to determine 
how to meet this priority and that the priority does not limit the way 
that applicants may propose to use technology, if they choose to do so.
    Changes: None.
    Comment: One commenter recommended that the Department require 
grantees to track both costs and benefits of their projects. This would 
allow grantees to calculate the return on investment (ROI) for their 
project, which could be included in their evaluation. The commenter 
noted that the Leveraging What Works program, proposed in the 
Department's Fiscal Year 2016 Budget, would require grantees to 
annually report per-pupil expenditures and student outcomes in order to 
calculate ROI for selected interventions.
    Discussion: We thank the commenter for this recommendation. A 
primary goal of the FITW program is to develop and replicate best 
practices in postsecondary education. As the commenter noted, FITW 
grantees are already required to conduct an independent evaluation of 
student outcomes, as described in Requirement 5 (Independent 
Evaluation) of this notice. We allow grantees and their independent 
evaluators to determine what should be included in this evaluation, 
provided that it is designed to meet relevant What Works Clearinghouse 
(WWC) Evidence Standards if well-implemented, as described in 
Requirement 6 (Evaluation Design). We also note that the Department 
establishes FITW performance measures, including cost per participant 
and cost per successful outcome.
    Changes: None.
    Comment: One commenter requested that we include subparts under 
Priority 7. The commenter noted that this would help applicants 
understand the goal of the priority.
    Discussion: We appreciate the commenter's recommendation. The goal 
of this priority is to solicit projects that make efficient use of 
resources. The Department could also choose to use this priority in 
combination with other priorities. To ensure that we do not limit or 
narrow the types of projects that could be submitted under this 
priority, we decline to provide a specific list of tools to meet this 
goal. We also note that, in a particular competition, we can use this 
priority in combination with other priorities established in this NFP.
    Changes: None.

Priority 8--Improving Postsecondary Student Outcomes at Minority-
Serving Institutions

    Comment: Several commenters expressed support for Priority 8. One 
commenter noted that the structure of the FITW program, in which awards 
can be made as Development, Validation, or Scale-up grants, makes it 
important for the Department to fund a diverse range of institutions, 
including two-year, four-year, public, and private non-profit 
institutions, and MSIs. Another commenter recommended that this 
priority be included as a competitive preference priority.
    Discussion: We thank these commenters for their support. MSIs play 
a critical role in the country's postsecondary education system and in 
meeting our goal of again becoming first in the world in postsecondary 
attainment. In future competitions, the Department may choose to 
designate this priority as an absolute or competitive preference 
priority.
    Changes: None.
    Comment: One commenter recommended that the Department prioritize 
projects that define, operationalize, and measure outcomes for high-
need student subpopulations under this priority.
    Discussion: We agree that it is important to examine outcomes for 
high-need students, which is why the FITW program includes evaluation 
requirements (Requirements 5 and 6). The evaluation process helps 
grantees focus on which students are served by a particular 
intervention, as well as how they are served. We also include a 
definition of ``high-need student'' that illustrates specific student 
subpopulations that fall in this category. We believe that the 
requirement and definition meets the commenter's objectives, and that 
no further changes are necessary.
    Changes: None.
    Comment: One commenter recommended that we expand this priority to 
include institutions that serve large numbers of low-income students. 
The commenter suggested that these institutions could be defined by the 
percentage of students who receive Pell grants or other forms of 
Federal student financial aid.
    Discussion: We agree that it is important to support low-income 
students and aim to do so through other aspects of this program. 
Students from low-income backgrounds are included in the definition of 
``high-need students.'' Requirement 1 (Innovations that Improve 
Outcomes for High-Need Students) also addresses the needs of this 
group. In contrast to MSIs, which have a distinct mission and tradition 
of serving particular student populations, institutions that serve 
large numbers of students from low-income backgrounds fall into many 
different categories. Indeed, some MSIs might also meet the criteria 
the commenter has suggested. Nothing in this priority precludes these 
institutions from participating or disadvantages them in the 
competition. To make sure that this priority addresses the intended 
issues, we decline to further expand it.
    Changes: None.

Priority 9--Systems and Consortia Focused on Large-Scale Impact

    Comment: One commenter requested that the Department prioritize 
projects that track matriculation and transfer patterns within and 
between institutions within a postsecondary system or consortium.
    Discussion: The aim of this priority is to encourage institutions 
and systems to collaborate to address key barriers to completion. While 
transfer certainly can be a barrier for some students, we feel that 
this issue is addressed under Priority 5 (Facilitating Pathways to 
Credentialing and Transfer). Priority 9 does not suggest particular 
strategies that systems and consortia should address, but rather a 
particular method by which to strengthen any given

[[Page 27043]]

strategy or approach proposed by the applicant.
    Changes: None.
    Comment: One commenter encouraged us to give additional points to 
consortia of institutions that use robust learning communities to share 
knowledge and disseminate best practices.
    Discussion: We thank the commenter for this suggestion. The purpose 
of the FITW program is to develop and disseminate best practices in 
postsecondary education. As the commenter noted, learning communities 
are a promising method for sharing knowledge with others. However, we 
decline to make the commenter's suggested change because we wish to 
provide applicants with the flexibility to determine which methods of 
developing strong consortia would be most appropriate.
    Changes: None.
    Comment: Noting that applicants typically have between 30 and 60 
days to submit an application after a notice inviting applications 
(NIA) is published, one commenter expressed concern that the open 
application period is too short to create consortia-based projects. The 
commenter suggested that the Department announce the focus of the 
competition in advance of the NIA. Alternatively, the Department could 
provide information for several years' competitions at once. This would 
allow consortia time to develop applications that meet the necessary 
evidence and large-scale impact requirements.
    Discussion: The Department appreciates the work that applicants put 
into developing high-quality projects for this and other grant 
programs. We strive to provide as much time as possible to allow 
applicants to prepare their submissions. Indeed, one of our goals in 
developing these priorities was to provide greater overall guidance to 
potential applicants. Unfortunately, the constraints and timing of the 
annual budget and appropriations cycle do not permit us to provide 
information about multiple years of a grant program at one time.
    Changes: None.
    Comment: One commenter expressed strong support for Priority 9, 
noting that once an evidence base is established, large-scale reforms 
are most efficiently accomplished through systems. The commenter 
requested that we add a focus on State policy. Each grantee would be 
required to develop a policy work plan and identify several key levers 
needed to build support for and eliminate barriers to system redesign, 
scale, and student success.
    Discussion: We appreciate the commenter's support and suggestions. 
States are critical partners in postsecondary education, and although 
policy work is not within the scope of this program, we encourage 
grantees to consider ways to collaborate with State and local 
stakeholders in their work. Priorities 4 (Developing and Using 
Assessments of Learning) and 5 (Facilitating Pathways to Credentialing 
and Transfer) both include a focus on systemic approaches and building 
partnerships. We believe applicants are best positioned to determine 
how to build these relationships, and thus we decline to make the 
specific additions requested.
    Changes: None.
    Comment: One commenter suggested that we give preference to 
consortia that include MSIs or institutions serving large numbers of 
students of color.
    Discussion: We appreciate the commenter's suggestion. The FITW 
program encourages the work of these institutions through Priority 8 
(Improving Postsecondary Student Outcomes at Minority-Serving 
Institutions) as well as through the definition of ``high-need 
student,'' which includes students of color. The Department does not 
believe that it is necessary to establish a priority for a particular 
kind of consortium because the Department could choose to combine 
Priority 9 with Priority 8 (Improving Postsecondary Student Outcomes at 
Minority-Serving Institutions). We believe such an approach would 
adequately address the commenter's concern.
    Changes: None.
    Comment: One commenter requested that State agencies of higher 
education be included as eligible applicants. According to the 
commenter, consistent with the purposes of Priority 9, these agencies 
offer access to statewide data, can identify statewide areas of need, 
and are able to coordinate partnerships among institutions.
    Discussion: State higher education agencies have an important voice 
in postsecondary education systems and are eligible to apply for FITW 
grants. Eligible applicants for FITW, as described in this document, 
include an institution of higher education, combinations of such 
institutions, and other public and private nonprofit institutions and 
agencies.
    Changes: None.
    Comment: One commenter expressed support for Priority 9 and 
recommended that the Department consider how it might be applied to 
Validation and Scale-up grants. The commenter pointed out that the NPP 
suggests that this priority would only apply to Development grants. 
However, the commenter suggested that partners and collaborators could 
also help in expanding and adapting evidence-based strategies.
    Discussion: We thank the commenter for raising this point. To 
clarify, the Department may choose to use any of the priorities 
established in this notice in a competition for any type of FITW grant 
(Development, Validation, or Scale-up). Although the NPP included a 
background section for Priority 9 that mentioned differences between 
types of grants, this was not intended to suggest that one type of 
grant would be better suited for this priority.
    Changes: None.

Requirements

Requirements--General

    Comment: One commenter noted that we stated in the NPP that the 
Department may use requirements, selection criteria, and definitions 
from the Education Department General Administrative Regulations 
(EDGAR). This commenter encouraged us to use EDGAR's evidence 
definitions and regulations supporting the use of evidence, data, and 
evaluation.
    Discussion: We appreciate the commenter's suggestion. For FITW, the 
Department is permitted to use the evidence definitions and regulations 
in EDGAR as well as those established in this document. Thus, the 
Department may exercise the flexibility allowed by 34 CFR 75.226 (What 
procedures does the Secretary use if the Secretary decides to give 
special consideration to applications supported by strong evidence of 
effectiveness, moderate evidence of effectiveness, or evidence of 
promise?) to give competitive preference or establish a separate 
competition for applications supported by evidence of promise, moderate 
evidence of effectiveness, or strong evidence of effectiveness. The 
Department may also decide to use evidence-related selection criteria 
in 34 CFR 75.210. However, any use of those requirements, selection 
criteria, and definitions will be described in the notice inviting 
applications.
    Changes: None.

Requirement 1--Innovations That Improve Outcomes for High-Need Students

    Comment: Many commenters expressed strong support for this 
requirement. One commenter recommended that grantees be required to 
focus on low-income students and students of color. Two commenters

[[Page 27044]]

urged us to emphasize projects that enroll and graduate low-income, 
first-generation, and underprepared students. One commenter asked the 
Department to include this requirement in all FITW competitions.
    Discussion: We thank the commenters for their support for this 
requirement. We concur that high-need students deserve better outcomes, 
and the FITW program aims to support the development and dissemination 
of tools that improve outcomes for these students in a variety of ways. 
The Department will consider whether to include this requirement in 
each year's competition. We also note that we allow applicants to 
determine which student subpopulations they will serve, and that low-
income students and students of color are included as examples of 
student subpopulations in the definition of ``high-need student.'' This 
definition also includes an illustrative list of groups that face 
unique challenges, such as adult learners, working students, part-time 
students, students from low-income backgrounds, students of color, 
first-generation students, students with disabilities, and students who 
are English learners. We are adding ``students with disabilities'' to 
the illustrative list in the definition of ``high-need student'' for 
consistency with other ED programs, as discussed under Definitions.
    Changes: None.
    Comment: Stating that a focus on high-need students is timely, one 
commenter urged the Department to consider how these students are 
served by two-year institutions. These institutions vary in their size, 
location, and capacities, but many perform at the same level as their 
peers at four-year institutions.
    Discussion: The Department appreciates the key role of two-year 
institutions in serving many of our country's high-need students. Two-
year institutions were among the FITW recipients in the FY 2014 
competition and we encourage such institutions to apply in future 
competitions. Because two-year institutions are eligible to apply for 
FITW grants, we do not believe it is necessary to revise this 
requirement to address them specifically.
    Changes: None.
    Comment: One commenter requested that the Department provide 
clarification on the definition of ``innovation'' in Requirement 1. For 
Validation and Scale-up grants, the commenter asked whether projects 
that make adjustments to proven programs in order to reduce costs would 
meet this requirement. In addition, the commenter asked whether the 
planned execution of an intervention constitutes an innovation.
    Discussion: We thank the commenter for raising this issue for 
clarification. For the purposes of the FITW program, we define 
``innovation'' to mean a process, product, strategy, or practice that 
improves (or is expected to improve) significantly upon the outcomes 
reached with status quo options and that can ultimately reach 
widespread effective usage. This definition is consistent with the 
definition used in the Investing in Innovation (i3) program, which is 
FITW's elementary and secondary education counterpart.
    Changes: We have added a definition of the term ``innovation'' to 
the Definitions section of this notice.

Requirement 2--Eligibility

    Comment: One commenter expressed enthusiasm for the inclusion of 
public and private non-profit agencies as eligible applicants. Another 
commenter asked for clarification of the definition of ``non-profit 
agencies.''
    Discussion: We thank the commenter for this support. We intend to 
use the EDGAR definition of ``nonprofit'' in 34 CFR 77.1: ``Nonprofit, 
as applied to an agency, organization, or institution, means that it is 
owned and operated by one or more corporations or associations whose 
net earnings do not benefit, and cannot lawfully benefit, any private 
shareholder or entity.'' This definition will be included in any NIA 
that includes this requirement.
    Changes: None.
    Comment: One commenter asked for State systems of higher education 
to be considered eligible applicants. The commenter noted that these 
systems have a unique advantage in conducting rigorous evaluations due 
to their access to large numbers of students and robust datasets.
    Discussion: State higher education agencies have an important voice 
in postsecondary education systems and are eligible to apply for FITW 
grants. Eligible applicants for FITW include an institution of higher 
education, combinations of such institutions, and other public and 
private nonprofit institutions and agencies.
    Changes: None.

Requirement 3--Types of FITW Grants

    Comment: One commenter requested that the Department specify that 
Scale-up grants include projects that use predictive analytics.
    Discussion: We appreciate the commenter's suggestion, but decline 
to make this change. The purpose of this section is to identify types 
of grants, rather than define specific projects they could include. 
Several of the priorities could incorporate use of predictive 
analytics.
    Changes: None.
    Comment: Two commenters questioned our description of Development 
grant projects in the background section of the NPP as ``novel.'' One 
commenter asked us to clarify that innovations included in Development 
grant projects may not always be novel, but rather best practices that 
are brought to scale. The commenter suggested that projects should be 
required to innovate significantly from current design. Another 
commenter asked for examples of projects that would be considered novel 
and yet are supported by empirical evidence.
    Discussion: We thank the commenters for these suggestions. As 
discussed above, we have added a definition of ``innovation'' in order 
to clarify expectations for projects under all grant types. The 
rationale for adding this definition is discussed elsewhere in this 
document. We believe that this definition clarifies the Department's 
expectations for the ways in which projects should differ from current 
design and can help applicants determine which types of projects would 
be considered novel and are supported by empirical evidence
    Changes: We have added a definition of the term ``innovation'' to 
the Definitions section of this notice.
    Comment: One commenter asked us to clarify whether rigorous 
evaluations, such as the use of randomized controlled trials, are the 
preferred methodology for conducting independent evaluations of 
Development grant projects.
    Discussion: Requirements 4 (Evidence and Sample Size Standards) and 
5 (Independent Evaluation) address expectations for evaluations of all 
types of grants. Further, Requirement 6 (Evaluation Design) is designed 
to indicate that the Secretary announces in the NIA which evaluation 
standard applies to which grant type.
    Changes: None.
    Comment: One commenter asked us to further clarify the difference 
between Validation and Scale-up grants. The commenter asked whether 
projects that replicate and adapt proven programs in new locations (for 
example, throughout colleges in a State or at several colleges in a 
system) would qualify for a Validation or a Scale-up grant.
    Discussion: The primary difference between a Validation and a 
Scale-up grant lies in the level of evidence

[[Page 27045]]

supporting the proposed project. Validation grants must be supported by 
moderate evidence of effectiveness as defined in 34 CFR 77.1(c) whereas 
Scale-up grants would likely be supported by strong evidence of 
effectiveness, as defined in 34 CFR 77.1(c). Additionally, Scale-up 
grants would apply to projects with a larger number of sites, a greater 
variety of contexts, and a greater variety of students than Validation 
grants. These differences are explained in the Background section of 
the NPP.
    Changes: None.

Requirement 4--Evidence and Sample Size Standards

    Comment: One commenter asked us to clarify how the term ``multi-
site'' is defined for Scale-up grants. The commenter asked whether a 
project that includes multiple colleges within the same system or 
multiple campuses within the same institution would meet the multi-site 
requirement.
    Discussion: In 34 CFR 77.1, we define ``multi-site sample'' as 
``more than one site, where site can be defined as an LEA, locality, or 
State.'' Subpart (d) of Requirement 4 further clarifies that a multi-
site sample can include multiple institutions, while a scaled multi-
site sample can include sites across a system of institutions, or 
across institutions in a State, region, labor market sector, or 
nationwide. We will announce in the NIA for any given FITW competition 
which requirement will apply to the Scale-up tier.
    Changes: None.
    Comment: One commenter asked for further clarification on 
overlapping samples as used for Scale-up grants. The commenter asked to 
what extent and along what dimensions populations should be required to 
overlap with the sample in a supporting study.
    Discussion: We refer the commenter to subpart (e) of Requirement 4, 
which clarifies that projects must include the core aspects of a 
process, product, strategy, or practice from a supporting study as 
closely as possible. If the project proposes to adapt an intervention 
from a study, the applicant must provide justifications for these 
changes. It is the applicant's responsibility to determine whether and 
to what extent the population in the supporting study was a core aspect 
of its implementation.
    Changes: None.
    Comment: One commenter asked the Department to consider expanding 
the evidence requirements beyond the WWC Evidence Standards. The 
commenter suggested that evidence could be based on rigorous 
assessments with strong designs conducted by reputable evaluators.
    Discussion: We thank the commenter for this suggestion. We note 
that the evidence standards included in this program meet the 
commenter's objectives. These standards include rigorous assessments, 
strong designs, and reputable evaluators. The evidence standards we use 
in the FITW program are consistent with EDGAR and are used widely 
across the Department's discretionary grant programs. We choose to use 
the WWC Evidence Standards so that this program can produce evidence of 
the highest possible quality. The WWC Evidence Standards were developed 
based on years of interaction with leading experts in program 
evaluation in the education field.
    Changes: None.

Requirement 5--Evaluation

    Comment: One commenter requested that we require grantees to report 
disaggregated student outcome data. At a minimum, the commenter 
proposed that we require data to be disaggregated by outcomes for low-
income students and students of color. In addition, the commenter 
suggested that we require grantees to report outcomes for other high-
need student populations.
    Discussion: We thank the commenter for this suggestion. We agree 
that useable data on outcomes for high-need student subpopulations are 
critical to improving programs and services. However, we decline to 
make the proposed changes because this may not be possible or 
appropriate for all projects. We also note that the Department has 
established performance measures for FITW, including cost per 
successful outcome.
    Changes: None.
    Comment: None.
    Discussion: Through the FITW program, the Department seeks to fund 
projects that can make a significant contribution to increasing 
knowledge about effective strategies for improving postsecondary 
education outcomes. For this reason, all FITW projects are required to 
use part of their budgets to conduct independent evaluations of their 
projects. Evaluation design is a significant consideration in ensuring 
that the independent evaluations help build evidence of effectiveness 
and generate replicable results. For that reason, we proposed in 
Requirement 5 that, in connection with the requirement that grantees 
conduct an independent evaluation, the evaluation design meet What 
Works Clearinghouse Evidence Standards. Although we believe that 
meeting these evidence standards is the best way to ensure a rigorous 
evaluation, we also recognize that these evaluation and evidence 
requirements may be new to many potential FITW applicants. Furthermore, 
through the selection criteria established in EDGAR, we can encourage 
applicants to propose rigorous project evaluations through the What 
Works Clearinghouse selection factors. Such an approach, which enables 
the Department to rely on the judgment of non-Federal reviewers with 
expertise in evaluation design without imposing a pass-fail 
requirement, may be preferable in any given year, particularly in the 
early years of this program. Accordingly, we believe that it would 
benefit potential applicants for the Department to retain the authority 
to use the independent evaluation requirement without using the 
requirement relating to evaluation design. We have clarified this 
distinction in the requirements.
    Changes: We have separated proposed Requirement 5 into two 
requirements--Requirement 5, relating to the independent evaluation 
requirement, and Requirement 6, relating to evaluation design. We have 
renumbered the remaining requirements, accordingly.

Definitions

High-Need Student

    Comment: One commenter recommended that the Department clarify the 
definition of ``high-need student'' to ensure that projects focus on 
low-income, first-generation, and academically underprepared students.
    Discussion: We appreciate the commenter's concern that these 
students face unique challenges. However, we believe that the proposed 
definition of ``high-need student'' adequately includes the recommended 
student groups. The definition included in the NPP includes students 
who are at risk of educational failure, which could include students 
from low-income backgrounds and first-generation students. This 
definition also includes an illustrative list of groups that face 
unique challenges, such as adult learners, working students, part-time 
students, students from low-income backgrounds, students of color, 
first-generation students, students with disabilities, and students who 
are English learners. Very similar definitions are used in other 
Department programs, including i3 and Race to the Top, as well as in 
the Supplemental Priorities. We use the same definition in order to 
maintain consistency across multiple programs. We are adding ``students 
with disabilities'' to the

[[Page 27046]]

illustrative list in the definition of ``high-need student'' for 
consistency with other ED programs.
    Changes: We have added ``students with disabilities'' to this 
definition.

Minority-Serving Institution

    Comment: Two commenters addressed the definition of MSI. One 
commenter asserted that, similar to MSIs, community colleges enroll and 
serve a disproportionate number of high-need students. The commenter 
asked the Department to consider the unique operational issues of two-
year colleges, even though they may not have the requisite enrollments 
of students of color to qualify as MSIs.
    Another commenter proposed, in lieu of the definition for MSI, a 
new definition for Institutions with Large-Scale Impact for Minority 
Students. This proposed definition would refer to two-year or four-year 
institutions with sufficient capacity to affect large-scale change for 
Black, Latino, or American Indian students. The commenter proposed that 
an institution would be considered to have sufficient capacity under 
this definition if it enrolled at least 3,000 Black, Latino, or 
American Indian students.
    Discussion: The definition of MSI comes from the Higher Education 
Act of 1965, as amended (HEA), and our intent is to be consistent with 
the law. We appreciate the commenters' interest in serving high-need 
students. We also agree that community colleges play a critical role in 
serving high-need students across the country. In addition, many 
community colleges are in fact MSIs. However, we decline to make the 
proposed changes to the definition of MSIs. Nothing in this definition, 
the priorities, or the authorizing statute prohibits eligible community 
colleges, regardless of MSI status, from applying to FITW programs, 
provided that the proposed project otherwise meets the requirements.
    Changes: None.

Selection Criterion--Collaborations

    Comment: One commenter supported this selection criterion. The 
commenter recommended that we include more specific emphasis on cross-
functional collaborations and holistic program design, to promote 
continuous improvement and foster institutional cultures that embrace 
feedback.
    Discussion: We thank the commenter for this suggestion. We agree 
that these types of collaborations can foster success. However, we 
believe that applicants are best equipped to design the collaborative 
structures that meet their needs.
    Changes: None.

Final Priorities

Priority 1: Improving Success in Developmental Education

    The Secretary gives priority to:
    (a) Projects designed to improve student success in developmental 
education or accelerate student progress into credit-bearing 
postsecondary courses; or
    (b) Projects designed to improve student success in developmental 
education or accelerate student progress into credit-bearing 
postsecondary courses through one or more of the following:
    (i) Identifying and treating academic needs prior to postsecondary 
enrollment, including while in middle or high school, through 
strategies such as partnerships between K-12 and postsecondary 
institutions;
    (ii) Diagnosing students' developmental education needs at the time 
of or after postsecondary enrollment, such as by developing 
alternatives to single measure placement strategies, and identifying 
specific content gaps in order to customize instruction to an 
individual student's needs;
    (iii) Offering alternative pathways in mathematics, such as non-
Algebra based coursework for non-math and science fields;
    (iv) Accelerating students' progress in completing developmental 
education, through strategies such as modularized, fast-tracked, or 
self-paced courses or placing students whose academic performance is 
one or more levels below that required for credit-bearing courses into 
credit-bearing courses with academic supports;
    (v) Redesigning developmental education courses or programs through 
strategies such as contextualization of developmental coursework 
together with occupational or college-content coursework; and
    (vi) Integrating academic and other supports for students in 
developmental education.

Priority 2: Improving Teaching and Learning

    The Secretary gives priority to:
    (a) Projects designed to improve teaching and learning; or
    (b) Projects designed to improve teaching and learning through one 
or more of the following:
    (i) Instruction-level tools or strategies such as adaptive learning 
technology, educational games, personalized learning, active- or 
project-based learning, faculty-centered strategies that systematically 
improve the quality of teaching, or multi-disciplinary efforts focused 
on improving instructional experiences.
    (ii) Program-level strategies such as competency-based programs 
that are designed with faculty, industry, employer, and expert 
engagement, use rigorous methods to define competencies, and utilize 
externally validated assessments, online or blended programs, or joint 
offering of programs across institutions.
    (iii) Institution-level tools or strategies such as faculty-
centered strategies to improve teaching across an institution, use of 
open educational resources, or tailoring academic content and delivery 
to serve the needs of non-traditional students.

Priority 3: Improving Student Support Services

    The Secretary gives priority to:
    (a) Projects designed to improve the supports or services provided 
to students prior to or during the students' enrollment in 
postsecondary education; or
    (b) Projects designed to improve the supports or services provided 
to students prior to or during the students' enrollment in 
postsecondary education through one or more of the following:
    (i) Integrating student support services, including with academic 
advising and instruction.
    (ii) Individualizing or personalizing support services, such as 
advising, coaching, tutoring, or mentoring, to students and their 
identified needs using tools or strategies such as predictive analytics 
to identify students who may need specific supports, or behavioral 
interventions used to provide timely, relevant, and actionable 
information for students at critical points such as when they may be at 
risk of dropping out.
    (iii) Connecting students to resources or services other than those 
typically provided by postsecondary institutions, such as providing 
assistance in accessing government benefits, transportation assistance, 
medical, health, or nutritional resources and services, child care, 
housing, or legal services.
    (iv) Utilizing technology such as digital messaging to provide 
supports or services systematically.

Priority 4: Developing and Using Assessments of Learning

    The Secretary gives priority to:
    (a) Projects that support the development and use of externally 
validated assessments of student learning and stated learning goals; or

[[Page 27047]]

    (b) Projects that support the development and use of externally 
validated assessments of student learning and stated learning goals 
through one or more of the following:
    (i) Alternative assessment tools or strategies such as micro- or 
competency-based assessments, assessments embedded in curriculum, or 
simulations, games, or other technology-based assessment approaches.
    (ii) Professional development or training of faculty and staff on 
the approaches to developing, using, and interpreting assessments.
    (iii) Combining or sequencing assessments from multiple sources to 
strengthen diagnostic capabilities.
    (iv) Aligning assessments across sectors and institutions, such as 
across kindergarten through grade 12 and postsecondary education 
systems or across two-year and four-year institutions, to improve 
college readiness and content delivery.
    (v) Open-source assessments.

Priority 5: Facilitating Pathways to Credentialing and Transfer

    The Secretary gives priority to:
    (a) Projects designed to develop and implement systems and 
practices to capture and aggregate credit or other evidence of 
knowledge and skills towards postsecondary degrees or credentials; or
    (b) Projects designed to develop and implement systems and 
practices to capture and aggregate credit or other evidence of 
knowledge and skills towards postsecondary degrees or credentials 
through one or more of the following:
    (i) Seamless transfer of credits between postsecondary 
institutions.
    (ii) Validation and transfer of credit for learning or learning 
experiences from non-institutional sources.
    (iii) Alternate credentialing or badging frameworks.
    (iv) Opportunities for students to earn college credits prior to 
postsecondary enrollment, such as through dual enrollment, dual degree, 
dual admission, or early college programs.

Priority 6: Increasing the Effectiveness of Financial Aid

    The Secretary gives priority to:
    (a) Projects designed to improve the effectiveness of financial 
aid; or
    (b) Projects designed to improve the effectiveness of financial aid 
through one or more of the following:
    (i) Counseling, advising, creation of information and resources, 
and other support activities on higher education financing and 
financial literacy delivered by financial aid offices or integrated 
with other support services provided by institutions, including on 
student loan repayment options such as income-driven repayment plans 
and public service loan forgiveness and debt management.
    (ii) Personalized approaches to financial aid delivery, counseling, 
advising, and other support activities, which may include early warning 
systems, use of predictive analytics, need-based aid, emergency aid, or 
bonuses or other incentives for successful outcomes such as on-time 
academic progress and completion.

Priority 7: Implementing Low Cost-High Impact Strategies to Improve 
Student Outcomes

    The Secretary gives priority to projects that use low-cost tools or 
strategies, such as those that use technology, that result in a high 
impact on student outcomes.

Priority 8: Improving Postsecondary Student Outcomes at Minority-
Serving Institutions

    The Secretary gives priority to projects designed to improve 
student outcomes at Minority-Serving Institutions (as defined in this 
notice).

Priority 9: Systems and Consortia Focused on Large-scale Impact

    The Secretary gives priority to projects that involve consortia of 
institutions, including across a college or university system, and 
partnerships with leading experts that are implemented at multiple 
sites with large sample sizes to allow for more rapid development, 
evaluation, and scaling of practices determined to be effective.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Final Requirements

    The Assistant Secretary for Postsecondary Education establishes the 
following requirements for this program. We may apply one or more of 
these requirements in any year in which this program is in effect.
    1. Innovations that Improve Outcomes for High-Need Students: The 
Secretary may require that--
    (a) Grantees must implement projects designed to improve outcomes 
of high-need students (as defined in this notice) in postsecondary 
education; or
    (b) Grantees must implement projects designed to improve one or 
more of the following outcomes of high-need students (as defined in 
this notice) in postsecondary education:
    (i) Persistence.
    (ii) Academic progress.
    (iii) Time to degree.
    (iv) Completion.
    2. Eligibility: The Secretary may make grants to, or enter into 
contracts with, one or more of the following:
    An institution of higher education, combinations of such 
institutions, and other public and private nonprofit institutions and 
agencies.
    The Secretary will announce the eligible applicants in the NIA.
    3. Types of FITW Grants: Awards may be made for Development grants, 
Validation grants, and Scale-up grants. The Secretary will announce the 
type of grants that applicants may apply for in the NIA.
    4. Evidence and Sample Size Standards: To be eligible for an 
award--
    (a) An application for a Development grant must be supported by one 
of the following:
    (i) Evidence of promise (as defined in 34 CFR 77.1(c)).
    (ii) Strong theory (as defined in 34 CFR 77.1(c)).
    (iii) Evidence of promise or strong theory.
    The Secretary will announce in the NIA which evidence standard will 
apply to a Development grant in a given competition. Under (a)(iii), 
applicants must identify whether their application is supported by 
evidence of promise or strong theory.
    (b) An application for a Validation grant must be supported by 
moderate evidence of effectiveness (as defined in 34 CFR 77.1(c)).
    (c) An application for a Scale-up grant must be supported by strong 
evidence of effectiveness (as defined in 34 CFR 77.1(c)).

[[Page 27048]]

    (d) The Secretary may require that an application for a Development 
grant, Validation grant, or Scale-up grant must be supported by one or 
more of the following levels of sample size:
    (i) Large sample (as defined in 34 CFR 77.1(c)).
    (ii) Multi-site sample (as defined in 34 CFR 77.1(c)), such as at 
multiple institutions.
    (iii) Scaled multi-site sample, such as across a system of 
institutions, across institutions in a State, a region, or nationally, 
or across institutions in a labor market sector.
    The Secretary will announce in the NIA which sample size standards 
will apply to each type of FITW grant (Development, Validation, or 
Scale-up) that is available.
    (e) Where evidence of promise, moderate evidence of effectiveness, 
or strong evidence of effectiveness is required to receive a grant, an 
applicant's project must propose to implement the core aspects of the 
process, product, strategy, or practice from the supporting study as 
closely as possible. Where modifications to a cited process, product, 
strategy, or practice will be made to account for student or 
institutional characteristics, resource limitations, or other special 
factors or to address deficiencies identified by the cited study, the 
applicant must provide a justification or basis for the modifications. 
Modifications may not be proposed to the core aspects of any cited 
process, product, strategy, or practice.
    5. Independent Evaluation:
    (a) The grantee must conduct an Independent Evaluation (as defined 
in this notice) of its project. The evaluation must estimate the impact 
of the FITW-supported practice (as implemented at the proposed level of 
scale) on a relevant outcome (as defined in 34 CFR 77.1(c)).
    (b) The grantee must make broadly available, digitally and free of 
charge, through formal (e.g., peer-reviewed journals) or informal 
(e.g., newsletters) mechanisms, the results of any evaluations it 
conducts of its funded activities. The grantee must also ensure that 
the data from its evaluation are made available to third-party 
researchers consistent with applicable privacy requirements.
    (c) The grantee and its independent evaluator must agree to 
cooperate on an ongoing basis with any technical assistance provided by 
the Department or its contractor, including any technical assistance 
provided to ensure that the evaluation design meets the required 
evaluation standards, and comply with the requirements of any 
evaluation of the program conducted by the Department. This includes 
providing to the Department, within 100 days of a grant award, an 
updated comprehensive evaluation plan in a format and using such tools 
as the Department may require. Grantees must update this evaluation 
plan at least annually to reflect any changes to the evaluation and 
provide the updated evaluation plan to the Department. All of these 
updates must be consistent with the scope and objectives of the 
approved application.
    6. Evaluation Design: The evaluation design for a Development 
grant, Validation grant, or Scale-up grant must meet one or either of 
the following standards:
    (i) What Works Clearinghouse Evidence Standards (as defined in 34 
CFR 77.1(c)) without reservations; or
    (ii) What Works Clearinghouse Evidence Standards (as defined in 34 
CFR 77.1(c)) with reservations.
    The Secretary will announce in the NIA the evaluation standard(s) 
that will apply to each type of FITW grant (Development, Validation, or 
Scale-up) that is available.
    7. Funding Categories: An applicant will be considered for an award 
only for the type of FITW grant (Development, Validation, and Scale-up) 
for which it applies. An applicant may not submit an application for 
the same proposed project under more than one type of grant.
    8. Limit on Grant Awards: The Secretary may choose to deny the 
award of a grant to an applicant if the applicant already holds an 
active FITW grant from a previous FITW competition or, if awarded, 
would result in the applicant receiving more than one FITW grant in the 
same year.
    9. Management Plan: Within 100 days of a grant award, the grantee 
must provide an updated comprehensive management plan for the approved 
project in a format and using such tools as the Department may require. 
This management plan must include detailed information about 
implementation of the first year of the grant, including key 
milestones, staffing details, and other information that the Department 
may require. It must also include a complete list of performance 
metrics, including baseline measures and annual targets. The grantee 
must update this management plan at least annually to reflect 
implementation of subsequent years of the project and provide the 
updated management plan to the Department.

Final Selection Criterion

    The Assistant Secretary for Postsecondary Education establishes the 
following selection criterion for evaluating an application under this 
program. We may apply this criterion or any of the selection criteria 
from 34 CFR part 75 in any year in which this program is in effect. In 
the NIA, the application package, or both, we will announce the maximum 
points assigned to each selection criteria.
    1. Collaborations: The extent to which the proposed project is 
designed to engage individuals or entities with expertise, experience, 
and knowledge regarding the project's activities, such as postsecondary 
institutions, non-profit organizations, experts, academics, and 
practitioners.

Final Definitions

    The Assistant Secretary for Postsecondary Education establishes the 
following definitions for this program. We may apply one or more of 
these definitions in any year in which this program is in effect.
    1. High-need student means a student at risk of educational failure 
or otherwise in need of special assistance and support such as adult 
learners, working students, part-time students, students from low-
income backgrounds, students of color, first-generation students, 
students with disabilities, and students who are English learners. 
Note: The Department acknowledges that the definition of high-need 
students is not limited to these categories. This definition is for 
illustrative purposes and may include other categories of high-need 
students.
    2. Independent evaluation means an evaluation that is designed and 
carried out independent of and external to the grantee, but in 
coordination with any employees of the grantee who develop a process, 
product, strategy, or practice and are implementing it.
    3. Innovation means a process, product, strategy, or practice that 
improves (or is expected to improve) significantly upon the outcomes 
reached with status quo options and that can ultimately reach 
widespread effective usage.
    4. Minority-serving institution means an institution that is 
eligible to receive assistance under sections 316 through 320 of part A 
of Title III, under part B of Title III, or under Title V of the HEA.
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note:  This notice of final priorities does not solicit 
applications. In any year in which we choose to use one or more of 
these priorities, requirements, selection criterion,

[[Page 27049]]

and definitions, we invite applications through a notice in the 
Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these final priorities, requirements, selection 
criterion, and definitions only on a reasoned determination that their 
benefits justify their costs. In choosing among alternative regulatory 
approaches, we selected those approaches that maximize net benefits. 
Based on the analysis that follows, the Department believes that this 
regulatory action is consistent with the principles in Executive Order 
13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    Summary of potential costs and benefits:
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the FITW program are the generation of a body of 
evidence for what works in postsecondary education through development, 
evaluation, and dissemination of innovative strategies to support 
students who are at risk of failure in persisting in and completing 
their postsecondary programs of study. The priorities, requirements, 
definitions, and selection criterion announced in this notice will 
provide applicants a framework for achieving the goals and objectives 
of the FITW program.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. 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 Adobe 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.
    Delegation of Authority: The Secretary of Education has delegated 
authority to Jamienne S. Studley, Deputy Under Secretary, to perform 
the functions and duties of the Assistant Secretary for Postsecondary 
Education.

    Dated: May 5, 2015.
Jamienne S. Studley,
Deputy Under Secretary.
[FR Doc. 2015-11333 Filed 5-8-15; 8:45 am]
 BILLING CODE 4000-01-P



                                             27036                Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                             DEPARTMENT OF EDUCATION                                    Today, even though college                            students, students from low-income
                                                                                                     enrollment has increased by 50 percent                   backgrounds, students of color, and
                                             34 CFR Chapter VI                                       since 1990, and despite the importance                   first-generation students now make up
                                                                                                     of a postsecondary education to                          the majority of students in college.10
                                             [Docket No. ED–2015–OPE–0001; CFDA
                                             Numbers: 84.116F and 84.116X]
                                                                                                     financial security for American families,                Ensuring that these students persist in
                                                                                                     only 40 percent of Americans hold a                      and complete their postsecondary
                                             Final Priorities, Requirements,                         postsecondary degree.2 While the vast                    education is essential to meeting our
                                             Definitions, and Selection Criterion—                   majority of high school graduates from                   Nation’s educational challenges.
                                             First in the World Program                              the wealthiest American families                         However, the traditional methods and
                                                                                                     continue on to higher education, only                    practices of the country’s higher
                                             AGENCY:  Office of Postsecondary                        half of high school graduates from the                   education system have typically not
                                             Education, Department of Education.                     poorest families attend college.3 About                  been focused on ensuring successful
                                             ACTION: Final priorities, requirements,                 60 percent of students at four-year                      outcomes for these students, and too
                                             selection criterion, and definitions.                   institutions earn a bachelor’s degree                    little is known about what strategies are
                                                                                                     within six years.4 For low-income                        most effective for addressing key
                                             SUMMARY:    The Assistant Secretary for                 students, the prospects are even worse,                  barriers that prevent these students from
                                             Postsecondary Education announces                       as only 40 percent reach completion.5                    persisting and completing.
                                             priorities, requirements, a selection                   Almost 37 million Americans report                          A key element of the FITW program
                                             criterion, and definitions under the First              ‘‘some college, no degree’’ as their                     is its multi-tier structure that links the
                                             in the World (FITW) program. The                        highest level of education.6 Due to these                amount of funding that an applicant
                                             Assistant Secretary may use these                       outcomes, the United States has been                     may receive to the quality of evidence
                                             priorities, requirements, selection                     outpaced internationally in higher                       supporting the efficacy of the proposed
                                             criterion, and definitions for                          education. In 1990, the United States                    project and the scope of its potential
                                             competitions in fiscal year (FY) 2015                   ranked third in the world in degree                      impact. In this program, applicants
                                             and later years.                                        attainment among 25–34 year olds 7                       proposing practices supported by
                                                These priorities, requirements,                      (and ranked first in terms of university                 limited evidence can receive smaller
                                             selection criterion, and definitions will               education 8); in 2012, the United States                 grants (Development grants) that
                                             enable the Department to focus the                      ranked 12th.9                                            support the development and initial
                                             FITW program on identified barriers to                     Recognizing these factors, President                  evaluation of innovative but untested
                                             student success in postsecondary                        Obama set a goal for the country that                    strategies. Applicants proposing
                                             education and advance the program’s                     America will once again have the                         practices supported by evidence from
                                             purpose to build evidence for what                      highest proportion of college graduates                  rigorous evaluations can receive larger
                                             works in postsecondary education                        in the world. To support this national                   grants (Validation and Scale-up grants),
                                             through development, evaluation, and                    effort, the Administration has outlined a                in amounts commensurate to the level
                                             dissemination of innovative strategies to               comprehensive agenda that includes                       of supporting evidence and intended
                                             support students who are at risk of                     expanding opportunity and increasing                     scope, for implementation at greater
                                             failure in persisting in and completing                 quality at all levels of education, from                 scale to test whether initially successful
                                             their postsecondary programs of study.                  early learning through higher education.                 strategies remain effective when
                                             DATES: These priorities, requirements,                  The FITW program is a key part of this                   adopted in varied locations and with
                                             selection criterion, and definitions are                agenda.                                                  large and diverse groups of students.
                                             effective June 10, 2015.                                   Unlike in previous generations, adult                 This structure provides incentives for
                                                                                                     learners, working students, part-time                    applicants to build evidence of the
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              effectiveness of their proposed projects
                                             Frank Frankfort, U.S. Department of                     Requirements Through 2018. Georgetown Center on          and to address the barriers to serving
                                             Education, 1990 K Street NW., Room                      Education and the Workforce, 2010.
                                                                                                                                                              large numbers of students within
                                             6166, Washington, DC 20006.                                2 U.S. Census Bureau. ‘‘Educational Attainment of

                                                                                                     the Population 18 Years and Over, by Age, Sex,           institutions and across institutions,
                                             Telephone: (202) 502–7513 or by email:
                                                                                                     Race, and Hispanic Origin: 2014’’ Retrieved from:        systems, States, regions, or the Nation.
                                             frank.frankfort@ed.gov.                                 http://www.census.gov/hhes/socdemo/education/               All FITW grantees are required to use
                                                If you use a telecommunications                      data/cps/2014/tables.html.                               part of their budgets to conduct
                                             device for the deaf (TDD) or a text                        3 National Center for Education Statistics.
                                                                                                                                                              independent evaluations (as defined in
                                             telephone (TTY), call the Federal Relay                 ‘‘Percentage of recent high school completers
                                                                                                     enrolled in 2-year and 4-year colleges, by income        this notice) of their projects. This
                                             Service (FRS), toll free, at 1–800–877–
                                                                                                     level: 1975 through 2012.’’ Retrieved from: http://      ensures that projects funded under the
                                             8339.                                                   nces.ed.gov/programs/digest/d13/tables/dt13_             FITW program contribute significantly
                                             SUPPLEMENTARY INFORMATION:                              302.30.asp.
                                                                                                        4 National Center for Education Statistics.
                                                                                                                                                              to increasing the amount of rigorous
                                               Purpose of Program: Earning a                         ‘‘Percentage distribution of first-time postsecondary    research available to practitioners and
                                             postsecondary degree or credential is a                 students starting at 2- and 4-year institutions during   policymakers about which practices
                                             prerequisite for the growing jobs of the                the 2003–04 academic year, by highest degree             work, for which types of students, and
                                             new economy and the clearest pathway                    attained, enrollment status, and selected                in what contexts.
                                                                                                     characteristics: Spring 2009.’’ Retrieved from:
                                             to the middle class. The average                        http://nces.ed.gov/programs/digest/d13/tables/             Program Authority: 20 U.S.C. 1138–
                                             earnings of college graduates are almost                dt13_326.40.asp.                                         1138d.
                                             twice as high as those of workers with                     5 Id.
                                                                                                                                                                We published the notice of proposed
                                             only a high school diploma and, over                       6 U.S. Census Bureau, 2012 American Community
                                                                                                                                                              priorities, requirements, selection
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                                             this decade, employment in jobs                         Survey.
                                                                                                        7 Organization of Economic Co-operation and
                                                                                                                                                              criterion, and definitions (NPP) for this
                                             requiring education beyond a high                                                                                program in the Federal Register on
                                                                                                     Development, Education at a Glance 2004 (Table
                                             school diploma will grow more rapidly                   A3.4b, showing data for 1991).                           February 23, 2015 (80 FR 9414). That
                                             than employment in jobs that do not.1                      8 Organization of Economic Co-operation and

                                                                                                     Development, Education at a Glance 1993, Table S5.         10 U.S. Department of Education. 2010. Profile of
                                               1 Carnevale,A., Smith, N., Strohl, J., Help              9 Organization of Economic Co-operation and           Undergraduate Students: 2007–08. National Center
                                             Wanted: Projections of Jobs and Education               Development, Education at a Glance 2014.                 for Education Statistics: 2010–205. Washington DC.



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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                           27037

                                             notice contained background                             mentioned by the commenters, and                      most effectively address these problems.
                                             information and our reasons for                         believe that the existing priorities                  In order to demonstrate effectiveness, a
                                             proposing the particular priorities,                    address these issues. Therefore, we                   project must be evaluable, which may
                                             requirements, selection criterion, and                  decline to add additional priorities.                 become more difficult as the complexity
                                             definitions.                                              As noted in the NPP, in any FITW                    of the approach increases. Thus, we
                                               There are some differences between                    competition, we may include priorities                designed the program to focus on one
                                             the proposed priorities, requirements,                  from the Department’s notice of final                 identified challenge by requiring
                                             definitions, and selection criterion and                supplemental priorities and definitions               applicants to address only one of the
                                             these final priorities, requirements,                   for discretionary grant programs,                     priorities. Nonetheless, the priorities do
                                             definitions, and selection criterion. We                published in the Federal Register on                  not prescribe the intervention or
                                             discuss significant changes from the                    December 10, 2014 (79 FR 73425)                       practice that an applicant may propose.
                                             NPP in the Analysis of Comments and                     (Supplemental Priorities). The                        Accordingly, although an applicant may
                                             Changes. We do not discuss minor                        Supplemental Priorities include                       apply under only one priority and the
                                             technical or editorial changes.                         priorities on increasing postsecondary                application will be evaluated based on
                                               Public Comment: In response to our                    success, including academic preparation               how well the applicant addresses that
                                             invitation in the NPP, 38 parties                       for and awareness of postsecondary                    priority, an applicant may propose
                                             submitted comments on the proposed                      education, and using assessment data to               integrated solutions to the challenges
                                             priorities, requirements, selection                     inform classroom practices. Therefore,                identified in one or more of the
                                             criterion, and definitions. We group                    we do not believe that it is necessary for            priorities. We also note that the
                                             major issues according to subject.                      the Department to develop new                         Department may choose to apply one or
                                               Analysis of Comments and Changes:                     priorities to address these areas for the             more absolute, competitive preference,
                                             An analysis of the comments and of any                  FITW program. In addition, the                        or invitational priorities in any future
                                             changes in the priorities, requirements,                priorities we establish here would not                competition in order to generate
                                             selection criterion, and definitions since              preclude an eligible applicant from                   evidence of the effectiveness of
                                             publication of the NPP follows.                         proposing projects that promote cross-                innovative strategies.
                                                                                                     sector collaboration, such as between                    Changes: None.
                                             Priorities                                              secondary and postsecondary                              Comment: One commenter
                                             Priorities—General                                      institutions, provided that the proposed              recommended that priority be given to
                                                                                                     project otherwise meets the                           projects focused on students who have
                                                Comment: Two commenters suggested                    requirements in the relevant priority.                already been served by college readiness
                                             additional priorities. One commenter                    Further, because promoting student                    programs, such as Gaining Early
                                             recommended that the Department add                     success aligns with many of the other                 Awareness and Readiness for
                                             a priority focused on improving the                     priorities, we do not think it is                     Undergraduate Programs (GEAR UP), so
                                             transition between secondary and                        necessary to add a priority to address                as to leverage the investment that has
                                             postsecondary education. The                            this topic.                                           already been made in these students and
                                             commenter suggested that this priority                    We also do not consider it necessary                increase the likelihood of success.
                                             could include elements of other                         to create a priority that focuses on                     Discussion: The Department is unable
                                             priorities, such as developing                          barriers to credit accumulation because               to give preference to grantees in other
                                             alternatives to single measure placement                many of the final priorities encourage                Federal programs, such as GEAR UP,
                                             strategies mentioned under Priority 1                   applicants to propose new models for                  and be consistent with the priorities
                                             (Improving Success in Developmental                     promoting degree progression. For                     which we have established.
                                             Education) and aligning assessments                     example, we include a subpart under                   Nonetheless, applicants may be able to
                                             across secondary and postsecondary                      Priority 5 (Facilitating Pathways to                  strengthen their proposals based on the
                                             institutions mentioned under Priority 4                 Credentialing and Transfer) that focuses              other types of support they are
                                             (Developing and Using Assessments of                    on credentialing pathways.                            providing through other resources to a
                                             Learning). The proposed priority would                    Changes: None.                                      particular student population before,
                                             also include setting clear expectations                   Comment: Two commenters suggested                   during, or after the proposed FITW
                                             about college for high school seniors                   that applicants should be permitted to                intervention.
                                             and providing data on first-year college                apply under more than one priority.                      Changes: None.
                                             students’ performance to their high                     One stated that an integrated approach                   Comment: One commenter argued
                                             schools.                                                to reform is needed to achieve                        that the FITW program is too narrowly
                                                Another commenter acknowledged                       substantial improvements in student                   focused on completion, and that the
                                             that developmental education is a                       outcomes and recommended that                         Department should be concerned about
                                             barrier for many students, but added                    applicants be permitted to choose the                 affordability and financial aid. The
                                             that students encounter challenges even                 priorities, or combination of priorities,             commenter suggested that the FITW
                                             after they have progressed to credit-                   which they wish to address. Another                   program specify outcomes such as
                                             bearing coursework. The commenter                       commenter argued that permitting                      indebtedness after college and labor
                                             recommended adding a priority to                        applicants to address more than one                   market outcomes, including salary.
                                             address removing barriers to credit                     priority would allow applicants to                       Discussion: We appreciate the
                                             accumulation and progression. As                        propose more comprehensive solutions                  commenter’s suggestion, but believe the
                                             proposed by the commenter, this                         to the challenges that inhibit student                proposed priorities address these
                                             priority would focus on institutional                   success.                                              concerns. For example, Priority 6
                                             policies and programs that could be                       Discussion: We recognize that the                   (Increasing the Effectiveness of
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                                             improved to promote completion and                      priorities address a complex range of                 Financial Aid) could include loan
                                             could include subparts on redesigning                   problems in postsecondary education                   counseling projects. Priorities 4
                                             gateway courses, particularly in                        that may necessitate complex and                      (Developing and Using Assessments of
                                             mathematics, and academic mapping.                      comprehensive solutions. However, the                 Learning) and 5 (Facilitating Pathways
                                                Discussion: We agree with the                        FITW program is designed to generate                  to Credentialing and Transfer) can be
                                             importance of the issues and topics                     evidence regarding which interventions                used to align curricula and credentials


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                                             27038               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                             to career pathways. Priorities 1                        minus financial aid) of college. Open        address barriers to postsecondary
                                             (Improving Success in Developmental                     educational resources could                  student success. We also believe that
                                             Education), 2 (Improving Teaching and                   additionally be a component of many          clear communication, strong
                                             Learning), 3 (Improving Student                         proposed interventions.                      partnerships, and project leadership are
                                             Support Services), and 5 all address                      Changes: None.                             important in order to successfully
                                             core issues affecting the cost of higher                Priority 1—Improving Success in              implement an intervention. While the
                                             education. The primary aim of the FITW                  Developmental Education                      Department encourages grantees to
                                             program is to support projects that will                                                             consider and address these issues, we
                                             improve the rate of degree and                             Comment: Several commenters               do not include them specifically in the
                                             credential completion, but student                      suggested that the Department revise         priorities.
                                             indebtedness and labor market                           this priority to include specific               Changes: None.
                                             outcomes may also be addressed.                         strategies that would support students          Comment: One commenter expressed
                                                Changes: None.                                       in developmental education. One              concern that the heavy workload of
                                                Comment: One commenter                               commenter recommended that the               developmental courses may direct time
                                             encouraged the solicitation of proposals                Department prioritize projects that          and energy away from students’ other
                                             aimed at building an institutional                      blend academic with non-academic             credit-bearing courses, particularly for
                                             culture that supports scaled reforms,                   support systems to track low-income
                                                                                                                                                  high-need students. The commenter
                                             strategic partnerships, deep and broad                  learners in developmental education.
                                                                                                                                                  recommended that the Department
                                             engagement with faculty, staff, and                     Another commenter suggested that
                                                                                                                                                  calculate for each application the time
                                             other stakeholders, and constant                        younger students would benefit from
                                                                                                                                                  or opportunity cost to students in
                                             attention to closing achievement gaps.                  having multiple teachers. A third
                                                                                                                                                  developmental courses.
                                                Discussion: We believe the priorities,               commenter offered support for the
                                                                                                                                                     Discussion: We agree that
                                             requirements, definitions, and selection                priority overall and recommended that
                                                                                                     it include partnerships between adult        developmental    coursework may pose
                                             criterion that we establish here can be
                                                                                                     education programs and institutions of       barriers to student  success in degree
                                             used to address these important goals.
                                                                                                     higher education that can address            credit-bearing  courses.  We include a
                                             For instance, Priority 2 (Improving
                                                                                                     learners’ basic skills and English           subpart  under  this priority for projects
                                             Teaching and Learning), subpart (iii)
                                             speaks specifically to institutional level              language needs. Finally, one commenter       that redesign  developmental    courses
                                             strategies, and Priority 4 (Developing                  recommended that three particular            together  with occupational   or college-
                                             and Using Assessments of Learning),                     strategies be given preference: (1)          content  coursework.
                                             subpart (ii) speaks to professional                     Identifying and treating academic needs         In addition, we note that Requirement
                                             development or training of faculty and                  prior to postsecondary enrollment; (2)       5 (Independent   Evaluation) requires all
                                             staff. In addition, the tiers of FITW                   accelerating students’ progress by           grantees of the FITW program to use
                                             grants encourage institutional                          placing them into credit-bearing courses part of their budgets to conduct an
                                             partnerships and provide a continuum                    with proper support; and (3) integrating independent evaluation of their
                                             for funding that span from initial,                     academic and other support for students projects. This ensures that projects
                                             localized development to                                in developmental education.                  contribute significantly to improving the
                                             implementation on a national scale. In                     Discussion: An applicant may propose information available to practitioners
                                             addition, Priority 9 (Systems and                       any of these strategies to improve           and policymakers about which practices
                                             Consortia Focused on Large-Scale                        student success in developmental             work, for which types of students, and
                                             Impact) and the selection criterion                     education. We expect applicants to           in what contexts. The results of these
                                             (Collaboration) encourage applicants to                 consider the needs of their institution      evaluations will be available to the
                                             focus on strategic partnerships.                        and available research from the field        public. Additionally, two of the
                                                Changes: None.                                       when designing an application to             performance measures established for
                                                Comment: One commenter                               address this priority.                       the FITW program are cost per
                                             recommended that the Department help                       Changes: None.                            participant and cost per successful
                                             make college affordable and accessible                     Comment: One commenter expressed          outcome, so the Department will collect
                                             for students and their families by                      support for Priority 1, but suggested that data from grantees on these measures.
                                             decreasing the price of textbooks and                   the Department allow grantees                   Finally, since the ultimate goal is
                                             increasing financial aid.                               flexibility in complying with other          student progress into credit-bearing
                                                Discussion: We think it is important                 regulations if this priority is selected for courses, many pathways could be
                                             to specify here that FITW grantees may                  use in a competition. The commenter          proposed.
                                             not disburse project funds to students as               raised a concern that grantees could face       Changes: None.
                                             financial aid. We agree with the                        penalties or barriers to implementing           Comment: One commenter expressed
                                             commenter that affordability is an                      novel ideas and that implementing a          support for the mention of
                                             important issue that merits attention.                  project designed to address the priority     contextualized learning in a subpart
                                             However, we think that this topic is                    would be unduly burdensome for               under this priority. However, the
                                             addressed in the priorities announced in                support staff.                               commenter noted that variations in
                                             this document and in the Supplemental                      Discussion: We appreciate the             accreditation and reporting standards
                                             Priorities. In FITW Priority 6 (Increasing              commenter’s concerns, but do not             across institutions of higher education
                                             the Effectiveness of Financial Aid), we                 believe that the priority creates barriers   may inhibit their ability to offer more
                                             encourage projects that improve the                     to implementation of interventions           courses built around contextualized
                                             effectiveness of existing financial aid                 designed to address the challenges           learning.
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                                             funds through counseling, need-based                    identified in the priority. We think it is      Discussion: We appreciate the
                                             aid, or other strategies. Supplemental                  important to clarify that these priorities   commenter’s support and recognize that
                                             Priority 5 (Increasing Postsecondary                    correspond to what the Department            institutions must attend to a variety of
                                             Access, Affordability, and Completion)                  believes are the greatest challenges in      accountability requirements and
                                             includes a subpart for projects that                    postsecondary education and the areas        standards. The subpart mentions
                                             reduce the net cost (e.g., total cost                   most in need of innovative ideas to          contextualized developmental


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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                           27039

                                             education as one example of a strategy                  innovative strategies to improve                      to use these priorities, it also has
                                             to address this priority.                               teaching and learning.                                discretion to decide how they should be
                                               Changes: None.                                           Changes: None.                                     designated (i.e., absolute or competitive
                                                                                                        Comment: One commenter expressed                   preference).
                                             Priority 2—Improving Teaching and                       concern that under-resourced                             Changes: None.
                                             Learning                                                institutions may not have the means to                   Comment: One commenter suggested
                                                Comment: One commenter expressed                     implement innovative strategies. The                  that the Department give priority to
                                             support for Priority 2. Another                         commenter particularly highlighted the                projects that propose new
                                             commenter echoed this support and                       urgency of improving resources for                    communication tools, including
                                             suggested that the priority specifically                existing programs for high-need                       telephone consulting, well-staffed
                                             emphasize team teaching and faculty                     students.                                             satellite locations, and extended in-
                                             professional development. This                             Discussion: We thank the commenter                 person service hours. Another
                                             commenter pointed out that team                         for raising this concern. An overall                  commenter recommended that
                                             teaching has been well researched in                    focus of FITW is to improve the                       technology used to automatically
                                             elementary and secondary schools and                    resources available to, and the success               provide supports or services should also
                                             offered recommendations for particular                  of, high-need students. The Validation                include predictive analytics and
                                             evidence-based strategies to test in                    and Scale-up tiers of the competition                 eligibility screening for multiple public
                                             postsecondary education.                                have the specific goal of increasing the              benefits. A third commenter echoed the
                                                Discussion: We appreciate the                        scale and quality of evidence that                    recommendation for the use of
                                             commenters’ support for Priority 2. We                  supports practices that have been                     predictive analytics.
                                             believe that Priority 2 allows                          demonstrated to work for these                           Discussion: We appreciate the
                                             considerable flexibility for applicants to              students. We also appreciate the                      commenters’ suggestions for strategies
                                             propose innovative strategies to improve                commenter’s concern regarding the                     to improve outreach about support
                                             teaching and learning. We encourage                     ability of under-resourced institutions to            services. We decline to make the
                                             applicants to use strategies that are                   implement innovative strategies. We                   proposed changes because we believe
                                             based on the demonstrated needs of                      note that a key feature of the program                these suggestions are adequately
                                             their institution and on available                      is an emphasis on encouraging cross-                  addressed in Priority 3. Furthermore, we
                                             research in the field.                                  institutional collaborations in order to              include predictive analytics as a
                                                Changes: None.                                       build on a variety of institutional                   possible strategy under subpart (b)(ii) of
                                                Comment: One commenter suggested                     resources and strengths.                              Priority 3.
                                             that Priority 2 include a focus on                         Changes: None.                                        Changes: None.
                                             system-level or consortia-level projects                                                                         Comment: Two commenters
                                                                                                     Priority 3—Improving Student Support                  recommended that the Department
                                             that track learning among transfer
                                                                                                     Services                                              emphasize projects that connect
                                             students. The commenter argued that
                                             this is particularly important for non-                   Comment: Several commenters                         students to a range of financial supports.
                                             traditional learners who are more                       expressed strong support for Priority 3               One commenter encouraged the
                                             mobile than traditional learners.                       and noted the urgency of expanding the                Department to include projects that
                                             According to the commenter, learning                    range and number of students served by                integrate education and training, income
                                             could be measured by proficiency                        student support services. One                         and work supports, and financial
                                             development or value-added measures                     commenter noted that the largest barrier              services and asset building for low-
                                             of learning associated with a general                   to student success is adjusting to the                income students. Another commenter
                                             education curriculum.                                   difference between high school and                    suggested that resources and services
                                                Discussion: We appreciate the                        college. Another commenter suggested                  should also include connecting students
                                             commenter’s recommendation and agree                    that the evidence for student support                 to financial counseling.
                                             that collaboration among institutions                   services is so robust that Priority 3                    Discussion: We agree that financial
                                             and other partners can lead to increased                should be made an absolute priority in                supports are an important type of
                                             student success. We believe these                       future competitions. A third commenter                student support service. We decline to
                                             approaches could be addressed in                        suggested that subpart (b)(iii) should be             include the proposed strategies in
                                             Priorities 4 (Developing and Using                      made an absolute priority.                            Priority 3, however, because we believe
                                             Assessments of Learning), 5 (Facilitating                 Discussion: We thank the commenters                 that the goal of connecting students to
                                             Pathways to Credentialing and                           for their support of Priority 3. We agree             financial resources is adequately
                                             Transfer), and 9 (Systems and Consortia                 that the transition to postsecondary                  addressed in the priorities. Subpart
                                             Focused on Large-Scale Impact).                         education, whether students enter                     (b)(iii) of Priority 3 mentions providing
                                                Changes: None.                                       directly from high school or from the                 assistance in accessing government
                                                Comment: One commenter                               workforce, can be challenging. The goal               benefits and other resources. In
                                             recommended that we revise Priority 2                   of this priority is to develop, test, and             addition, subpart (b)(i) of Priority 6
                                             to include references to hybrid and                     bring to scale supports to help students              (Increasing the Effectiveness of
                                             flipped teaching models as well as peer-                through this transitional period as well              Financial Aid) focuses on financial
                                             supported learning models, such as                      as during other points along their                    literacy counseling and resources.
                                             supplemental learning and peer                          postsecondary pathways.                                  Changes: None.
                                             tutoring. The commenter suggested that                    In response to the comments                            Comment: One commenter
                                             these changes could be added to subpart                 suggesting that this priority be used as              recommended that Priority 3 recognize
                                             (b)(ii) or as a new subpart.                            an absolute priority, we note that the                that lesbian, gay, bisexual, and
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                                                Discussion: We thank the commenter                   Department has the discretion to use                  transgender (LGBT) students face
                                             for this suggestion. We note that subpart               any of these priorities in future FITW                unique challenges. The commenter
                                             (b)(ii) of Priority 2 includes a focus on               competitions. The Department may                      noted that LGBT students need
                                             online or blended programs. We believe                  choose which, if any, of the priorities or            specifically tailored supports both
                                             that Priority 2 allows considerable                     subparts are appropriate for a particular             before and during their postsecondary
                                             flexibility for applicants to propose                   competition. If the Department chooses                education. The commenter strongly


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                                             27040               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                             urged the Department to prioritize                      The commenter also suggested that we                  assistance or support. We also note that
                                             proposals that include culturally                       revise subpart (b)(ii) or (b)(iii) to include         all recipients of Department funds must
                                             competent services for LGBT students.                   career advising to assist students in                 comply with the nondiscrimination
                                                Discussion: As mentioned in the NPP,                 choosing a major or program of study.                 requirements of Title VI of the Civil
                                             Priority 3 is designed to support                          A second commenter also supported                  Rights Act of 1964, Section 504 of the
                                             investments in strategies that are most                 the addition of holistic advising models              Rehabilitation Act of 1973, Title IX of
                                             likely to increase access to effective                  in Priority 3. This commenter                         the Education Amendments of 1972,
                                             student services, particularly for                      recommended that the Department add                   and the Age Discrimination Act of 1975.
                                             individuals from groups that have been                  a focus on collaboration with employers                  Changes: None.
                                             historically under-served in                            and other workforce partners, including                  Comment: One commenter requested
                                             postsecondary education. These                          an explicit mention of work-based                     a definition of ‘‘open-source
                                             individuals may include, but are not                    learning opportunities. The commenter                 assessments.’’
                                             limited to, adult learners, students from               suggested that Priority 3 include the                    Discussion: Although the Department
                                             low-income backgrounds, students of                     following strategies: Career counseling               does not define open-source
                                             color, and LGBT students. We further                    during initial advising sessions, student             assessments, in the FITW program we
                                             note that recipients of Department                      supports focused on non-cognitive                     may invite applicants to develop
                                             funding must comply with the                            factors and students’ external                        assessments of learning that are free and
                                             nondiscrimination requirements of Title                 responsibilities, the use of credential               available for others to use and refine.
                                             VI of the Civil Rights Act of 1964,                     pathways or maps, peer-to-peer                        We decline to further define the types
                                             Section 504 of the Rehabilitation Act of                supports, cohort-based approaches, and                of assessments that applicants may
                                             1973, Title IX of the Education                         case management approaches.                           propose.
                                             Amendments of 1972, and the Age                            Discussion: We thank the commenters
                                                                                                                                                              Changes: None.
                                             Discrimination Act of 1975. For                         for their suggestions. There is a wide
                                                                                                     range of possible strategies to improve                  Comment: One commenter
                                             additional information and assistance
                                                                                                     student support services. The aim of                  recommended that the Department
                                             on civil rights laws that may impose
                                                                                                     Priority 3 is to support projects that are            revise subpart (b)(ii) to include
                                             additional requirements on recipients
                                                                                                     subject to rigorous tests to determine                additional stakeholders who may be
                                             and subrecipients of Federal financial
                                                                                                     which of these strategies effectively                 responsible for student assessments and
                                             assistance, please consult the ‘‘Notice
                                                                                                     improve student outcomes, particularly                to elaborate on different assessment
                                             on Civil Rights Obligations Applicable
                                                                                                     outcomes related to access, persistence,              types. Specifically, the commenter
                                             to the Distribution of Funds under the
                                             American Recovery and Reinvestment                      and completion. We decline to make the                suggested that the priority include
                                             Act of 2009,’’ which is available at                    proposed revisions because we do not                  student services personnel and mention
                                             www2.ed.gov/policy/gen/leg/recovery/                    believe it is appropriate for the                     diagnostic, formative, and summative
                                             notices/civil-rights.html.                              Department to prescribe which                         assessments.
                                                Changes: None.                                       strategies applicants should use to                      Discussion: We appreciate the
                                                Comment: One commenter                               achieve these goals.                                  commenter’s suggestion. While faculty
                                             encouraged the Department to include a                     Changes: None.                                     are primarily responsible for assessing
                                             focus on improving outcomes for high-                                                                         student learning in the classroom, staff
                                                                                                     Priority 4—Developing and Using                       may also take part in assessing student
                                             achieving, low-income students as a
                                                                                                     Assessments of Learning                               learning in other settings, such as
                                             subpart of Priority 3 or as a new
                                             priority. The commenter noted that low-                    Comment: Two commenters                            knowledge and competencies gained
                                             income students are less likely to attend               expressed strong support for Priority 4.              through prior work experience. We do
                                             selective postsecondary institutions and                One commenter suggested that this                     not wish to impose limitations on
                                             that the majority of high-achieving, low-               priority could be made more inclusive                 applicants by specifying the types of
                                             income students do not apply to any                     by adding specific strategies to serve                allowable assessments, but we have
                                             selective institutions.                                 students with disabilities and students               revised the priority to refer to the roles
                                                Discussion: We appreciate the                        who are English learners. Another                     of staff in assessment activities.
                                             commenter’s suggestion and concur that                  commenter emphasized the importance                      Changes: We have revised Priority 4,
                                             strategies to support low-income                        of using educational games for formative              subpart (b)(ii) to add a reference to
                                             students merit attention. We note that                  assessments. A third commenter                        professional development for staff, as
                                             Requirement 1 (Innovations that                         recommended that we add assessments                   well as faculty.
                                             Improve Outcomes for High-Need                          that measure co-curricular learning,
                                                                                                                                                           Priority 5—Facilitating Pathways to
                                             Students) focuses on students from low-                 such as civic engagement and critical
                                                                                                                                                           Credentialing and Transfer
                                             income backgrounds, among other high-                   thinking skills, under subpart (b).
                                             need student populations. Because this                     Discussion: We appreciate the                        Comment: Several commenters
                                             requirement would apply to all grantees,                commenters’ support for Priority 4. We                expressed strong support for Priority 5
                                             regardless of the priority to which they                agree that there are many innovative                  and its subparts. One commenter agreed
                                             responded in their applications, we do                  strategies to assess a variety of student             that alternative credentialing and
                                             not believe it is necessary to make the                 learning outcomes and that strategies                 badging frameworks are needed.
                                             proposed change.                                        under this and all of the priorities                  Another commenter noted that there is
                                                Changes: None.                                       should be inclusive of all students. We               mounting support and evidence for
                                                Comment: Two commenters offered                      note that students who are English                    credit for prior learning and
                                             suggestions for specific strategies to                  learners are explicitly included in the               opportunities for students to earn
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                                             improve student advising services. One                  illustrative list of examples included in             credits prior to enrolling in
                                             commenter requested that we revise                      the definition of ‘‘high-need student.’’              postsecondary education. Echoing this
                                             subpart (b)(ii) to include holistic                     Students with disabilities could also be              support for prior learning credits, a
                                             advising models that incorporate                        considered high-need, assuming the                    third commenter suggested that we
                                             multiple factors for determining college                students are at risk of educational                   could strengthen this priority by
                                             readiness and academic placements.                      failure or otherwise in need of special               clarifying that prior learning


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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                           27041

                                             assessments and other similar strategies                mobility and performance across                       Postsecondary Student Outcomes at
                                             are included under this subpart.                        institutions.                                         Minority-Serving Institutions) addresses
                                                Discussion: We appreciate the                           Discussion: We appreciate the                      issues at those institutions specifically,
                                             commenters’ support. We agree that                      commenter’s suggestions. We decline to                and this includes HBCUs.
                                             alternative credentialing frameworks                    make the proposed changes because                        Changes: None.
                                             and credit for prior learning are                       several priorities already address the
                                             promising strategies to recognize                       commenter’s recommendations. For                         Comment: Several commenters
                                             student learning and ensure that                        example, the transfer of credits between              recommended specific strategies to
                                             students reach completion. However,                     institutions is mentioned under subpart               increase the effectiveness of financial
                                             we decline to make the suggested                        (b)(i) of Priority 5 and is not restricted            aid. One commenter suggested that the
                                             changes because we believe that they                    to institutions in the same State. In                 Department prioritize projects that use
                                             are adequately addressed in the existing                addition, multi-site strategies are                   restricted access financial aid data or
                                             subparts of the priority. The Department                addressed under Priority 9 (Systems and               flexible need-based aid. A second
                                             does not wish to limit the types of                     Consortia Focused on Large-Scale                      commenter suggested one-stop shops for
                                             interventions that applicants might                     Impact).                                              financial aid counseling and resources
                                             propose through further specification.                     We are not certain what the                        to access other public benefits. A third
                                                Changes: None.                                       commenter intends by referring to                     commenter recommended that the
                                                Comment: A commenter requested                       credits that are applicable rather than               Department focus on projects that
                                             that the Department include under                       simply transferrable. However, the aim                expand or restructure institutional aid
                                             subpart (b)(ii) the validation and                      of Priority 5 is to ensure that students              programs. Finally, a fourth commenter
                                             transfer of credentialing or badging                    accelerate progress towards a degree or               recommended including projects that
                                             frameworks.                                             credential. Thus, we assume that                      aim to simplify financial aid and test
                                                Discussion: Projects designed to create              strategies to improve credit transfer                 need-plus-merit aid.
                                             or refine credentialing or badging                      would address how credits would be                       Discussion: We thank the commenters
                                             frameworks could be proposed under                      applied towards this end.                             for these suggestions. Because these
                                             this priority. We decline to make the                      Changes: None.                                     projects are permissible under the
                                             requested change in order to avoid being                                                                      priority as written, and because we want
                                             overly prescriptive about how to                        Priority 6—Increasing the Effectiveness
                                                                                                     of Financial Aid                                      to ensure applicants have as much
                                             improve pathways to credentialing and                                                                         flexibility as possible in designing their
                                             transfer.                                                  Comment: Many commenters                           proposed strategies, we decline to make
                                                Changes: None.                                       expressed support for Priority 6. Two                 the proposed changes.
                                                Comment: Noting that many students                   commenters recommended focusing on
                                             pursue postsecondary education and                      this priority in future FITW                             Changes: None.
                                             training that prepares them for careers,                competitions. Another commenter noted                    Comment: One commenter
                                             one commenter recommended that                          that there is a sufficient number of                  recommended that Priority 6 focus on
                                             Priority 5 explicitly mention strategies                relevant evidence-based strategies to                 students with the greatest financial
                                             to improve career pathways. Such                        warrant making this an absolute                       need.
                                             strategies could include embedding                      priority.                                                Discussion: We appreciate the
                                             work-based learning in credentialing                       Discussion: We appreciate the                      commenter’s suggestion and concur that
                                             pathways and developing career                          commenters’ strong support for Priority               college affordability is a pressing
                                             pathways for high school students,                      6. We agree that there is a substantial               problem for students with limited
                                             disconnected youth, and adult learners.                 body of evidence on the effectiveness of              financial resources. This priority aims to
                                                Discussion: We thank the commenter                   financial aid, and we hope that this                  simplify access to much needed
                                             for this suggestion. We agree that career               evidence will be useful to potential                  financial supports, particularly those
                                             preparation is indeed a motivating                      applicants. However, these priorities are             that will have a meaningful impact on
                                             factor for many postsecondary students.                 intended as a menu of options for future              completion. We do not specify the
                                             The goal of this priority is to develop                 FITW competitions. The Department                     categories of students that must be
                                             innovative strategies to accelerate                     may choose which, if any, of the                      served in this or in any other priority.
                                             completion of a wide range of                           priorities or subparts are appropriate for            However, Requirement 1 (Innovations
                                             credentials, including portable,                        a particular competition. We note that                that Improve Outcomes for High-Need
                                             stackable credentials aligned to career                 the Department may choose to designate                Students) directs applicants to focus on
                                             pathways, as well as specific pathways                  any of these priorities as absolute,                  ‘‘high-need students,’’ defined in this
                                             for individuals who have traditionally                  competitive preference, or invitational               document to include students at risk of
                                             been underserved in postsecondary                       in a given FITW competition, and that                 educational failure or otherwise in need
                                             education. We believe the priority                      these designations may change in future               of special assistance and support. The
                                             adequately reflects this goal.                          competitions.
                                                Changes: None.                                                                                             Department has the discretion to select
                                                                                                        Changes: None.
                                                Comment: One commenter suggested                        Comment: One commenter urged the                   this and other requirements and
                                             that we expand what we mean by                          Department to create a competitive                    priorities in future FITW competitions.
                                             seamless transfer of credits to include                 preference priority for historically black            If the Department applies this
                                             the transfer of postsecondary credits                   colleges and universities (HBCUs) that                requirement in a future FITW
                                             between all postsecondary institutions                  would apply to Priority 6 (‘‘Increasing               competition, grantees would be required
                                             within and across States. The                           the Effectiveness of Financial Aid’’).                to indicate that they are focused on
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                                             commenter also recommended that this                       Discussion: We recognize the critical              high-need students in response to all
                                             priority emphasize that credits should                  role that minority-serving institutions               priorities that they choose to address.
                                             be applicable at the receiving                          (MSIs), including HBCUs, play in                      We believe that this requirement
                                             institution, and not simply transferrable.              helping our country meet the demand                   addresses the commenter’s concerns
                                             Furthermore, the commenter urged us to                  for more postsecondary degrees and                    and goals.
                                             include strategies that track student                   credentials. Priority 8 (Improving                       Changes: None.


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                                             27042               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                             Priority 7—Implementing Low Cost-High                   independent evaluators to determine                   high-need students, which is why the
                                             Impact Strategies To Improve Student                    what should be included in this                       FITW program includes evaluation
                                             Outcomes                                                evaluation, provided that it is designed              requirements (Requirements 5 and 6).
                                                Comment: Two commenters                              to meet relevant What Works                           The evaluation process helps grantees
                                             expressed support for Priority 7. The                   Clearinghouse (WWC) Evidence                          focus on which students are served by
                                             commenters recommended that the                         Standards if well-implemented, as                     a particular intervention, as well as how
                                             Department require all future grantees to               described in Requirement 6 (Evaluation                they are served. We also include a
                                                                                                     Design). We also note that the                        definition of ‘‘high-need student’’ that
                                             use low cost-high impact strategies.
                                                Discussion: We thank the commenters                  Department establishes FITW                           illustrates specific student
                                             for this expression of support and                      performance measures, including cost                  subpopulations that fall in this category.
                                                                                                     per participant and cost per successful               We believe that the requirement and
                                             concur that this is an important
                                                                                                     outcome.                                              definition meets the commenter’s
                                             consideration. The Department has the
                                                                                                        Changes: None.                                     objectives, and that no further changes
                                             discretion to decide which priorities to
                                                                                                        Comment: One commenter requested                   are necessary.
                                             use in a given year, as well as how to                                                                           Changes: None.
                                                                                                     that we include subparts under Priority
                                             designate those priorities (i.e., absolute,                                                                      Comment: One commenter
                                                                                                     7. The commenter noted that this would
                                             competitive preference, or invitational),                                                                     recommended that we expand this
                                                                                                     help applicants understand the goal of
                                             and may consider the commenters’                                                                              priority to include institutions that
                                                                                                     the priority.
                                             suggestion in the future.                                  Discussion: We appreciate the                      serve large numbers of low-income
                                                Changes: None.                                       commenter’s recommendation. The goal                  students. The commenter suggested that
                                                Comment: Two commenters                                                                                    these institutions could be defined by
                                                                                                     of this priority is to solicit projects that
                                             addressed strategies that use technology                                                                      the percentage of students who receive
                                                                                                     make efficient use of resources. The
                                             in Priority 7. One commenter                                                                                  Pell grants or other forms of Federal
                                                                                                     Department could also choose to use
                                             recommended adding projects that                                                                              student financial aid.
                                                                                                     this priority in combination with other
                                             examine whether access to technology is                                                                          Discussion: We agree that it is
                                                                                                     priorities. To ensure that we do not
                                             a barrier to effectively implementing                                                                         important to support low-income
                                                                                                     limit or narrow the types of projects that
                                             low cost-high impact strategies. Another                                                                      students and aim to do so through other
                                                                                                     could be submitted under this priority,
                                             commenter noted that strategies that use                                                                      aspects of this program. Students from
                                                                                                     we decline to provide a specific list of
                                             technology are not always low cost, and                                                                       low-income backgrounds are included
                                                                                                     tools to meet this goal. We also note
                                             recommended adding strategies that do                                                                         in the definition of ‘‘high-need
                                                                                                     that, in a particular competition, we can
                                             not require technology, such as peer                                                                          students.’’ Requirement 1 (Innovations
                                                                                                     use this priority in combination with
                                             mentoring.                                                                                                    that Improve Outcomes for High-Need
                                                                                                     other priorities established in this NFP.
                                                Discussion: We appreciate these                         Changes: None.                                     Students) also addresses the needs of
                                             commenters’ suggestions. We note that                                                                         this group. In contrast to MSIs, which
                                             projects that use technology to minimize                Priority 8—Improving Postsecondary                    have a distinct mission and tradition of
                                             cost are just one example under Priority                Student Outcomes at Minority-Serving                  serving particular student populations,
                                             7. We believe that applicants are best                  Institutions                                          institutions that serve large numbers of
                                             able to determine how to meet this                         Comment: Several commenters                        students from low-income backgrounds
                                             priority and that the priority does not                 expressed support for Priority 8. One                 fall into many different categories.
                                             limit the way that applicants may                       commenter noted that the structure of                 Indeed, some MSIs might also meet the
                                             propose to use technology, if they                      the FITW program, in which awards can                 criteria the commenter has suggested.
                                             choose to do so.                                        be made as Development, Validation, or                Nothing in this priority precludes these
                                                Changes: None.                                       Scale-up grants, makes it important for               institutions from participating or
                                                Comment: One commenter                               the Department to fund a diverse range                disadvantages them in the competition.
                                             recommended that the Department                         of institutions, including two-year, four-            To make sure that this priority
                                             require grantees to track both costs and                year, public, and private non-profit                  addresses the intended issues, we
                                             benefits of their projects. This would                  institutions, and MSIs. Another                       decline to further expand it.
                                             allow grantees to calculate the return on               commenter recommended that this                          Changes: None.
                                             investment (ROI) for their project,                     priority be included as a competitive
                                             which could be included in their                                                                              Priority 9—Systems and Consortia
                                                                                                     preference priority.
                                             evaluation. The commenter noted that                                                                          Focused on Large-Scale Impact
                                                                                                        Discussion: We thank these
                                             the Leveraging What Works program,                      commenters for their support. MSIs play                 Comment: One commenter requested
                                             proposed in the Department’s Fiscal                     a critical role in the country’s                      that the Department prioritize projects
                                             Year 2016 Budget, would require                         postsecondary education system and in                 that track matriculation and transfer
                                             grantees to annually report per-pupil                   meeting our goal of again becoming first              patterns within and between
                                             expenditures and student outcomes in                    in the world in postsecondary                         institutions within a postsecondary
                                             order to calculate ROI for selected                     attainment. In future competitions, the               system or consortium.
                                             interventions.                                          Department may choose to designate                      Discussion: The aim of this priority is
                                                Discussion: We thank the commenter                   this priority as an absolute or                       to encourage institutions and systems to
                                             for this recommendation. A primary                      competitive preference priority.                      collaborate to address key barriers to
                                             goal of the FITW program is to develop                     Changes: None.                                     completion. While transfer certainly can
                                             and replicate best practices in                            Comment: One commenter                             be a barrier for some students, we feel
                                             postsecondary education. As the                         recommended that the Department                       that this issue is addressed under
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                                             commenter noted, FITW grantees are                      prioritize projects that define,                      Priority 5 (Facilitating Pathways to
                                             already required to conduct an                          operationalize, and measure outcomes                  Credentialing and Transfer). Priority 9
                                             independent evaluation of student                       for high-need student subpopulations                  does not suggest particular strategies
                                             outcomes, as described in Requirement                   under this priority.                                  that systems and consortia should
                                             5 (Independent Evaluation) of this                         Discussion: We agree that it is                    address, but rather a particular method
                                             notice. We allow grantees and their                     important to examine outcomes for                     by which to strengthen any given


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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                          27043

                                             strategy or approach proposed by the                      Discussion: We appreciate the                       priority would only apply to
                                             applicant.                                              commenter’s support and suggestions.                  Development grants. However, the
                                                Changes: None.                                       States are critical partners in                       commenter suggested that partners and
                                                Comment: One commenter                               postsecondary education, and although                 collaborators could also help in
                                             encouraged us to give additional points                 policy work is not within the scope of                expanding and adapting evidence-based
                                             to consortia of institutions that use                   this program, we encourage grantees to                strategies.
                                             robust learning communities to share                    consider ways to collaborate with State                  Discussion: We thank the commenter
                                             knowledge and disseminate best                          and local stakeholders in their work.                 for raising this point. To clarify, the
                                             practices.                                              Priorities 4 (Developing and Using                    Department may choose to use any of
                                                Discussion: We thank the commenter                   Assessments of Learning) and 5                        the priorities established in this notice
                                             for this suggestion. The purpose of the                 (Facilitating Pathways to Credentialing               in a competition for any type of FITW
                                             FITW program is to develop and                          and Transfer) both include a focus on                 grant (Development, Validation, or
                                             disseminate best practices in                           systemic approaches and building                      Scale-up). Although the NPP included a
                                             postsecondary education. As the                         partnerships. We believe applicants are               background section for Priority 9 that
                                             commenter noted, learning communities                   best positioned to determine how to                   mentioned differences between types of
                                             are a promising method for sharing                      build these relationships, and thus we                grants, this was not intended to suggest
                                             knowledge with others. However, we                      decline to make the specific additions                that one type of grant would be better
                                             decline to make the commenter’s                         requested.                                            suited for this priority.
                                             suggested change because we wish to                       Changes: None.                                         Changes: None.
                                             provide applicants with the flexibility to                Comment: One commenter suggested
                                                                                                     that we give preference to consortia that             Requirements
                                             determine which methods of developing
                                             strong consortia would be most                          include MSIs or institutions serving                  Requirements—General
                                             appropriate.                                            large numbers of students of color.
                                                                                                       Discussion: We appreciate the                          Comment: One commenter noted that
                                                Changes: None.                                                                                             we stated in the NPP that the
                                                                                                     commenter’s suggestion. The FITW
                                                Comment: Noting that applicants                                                                            Department may use requirements,
                                                                                                     program encourages the work of these
                                             typically have between 30 and 60 days                                                                         selection criteria, and definitions from
                                                                                                     institutions through Priority 8
                                             to submit an application after a notice                                                                       the Education Department General
                                                                                                     (Improving Postsecondary Student
                                             inviting applications (NIA) is published,                                                                     Administrative Regulations (EDGAR).
                                                                                                     Outcomes at Minority-Serving
                                             one commenter expressed concern that                                                                          This commenter encouraged us to use
                                                                                                     Institutions) as well as through the
                                             the open application period is too short                                                                      EDGAR’s evidence definitions and
                                                                                                     definition of ‘‘high-need student,’’
                                             to create consortia-based projects. The                                                                       regulations supporting the use of
                                                                                                     which includes students of color. The
                                             commenter suggested that the                                                                                  evidence, data, and evaluation.
                                                                                                     Department does not believe that it is
                                             Department announce the focus of the                                                                             Discussion: We appreciate the
                                                                                                     necessary to establish a priority for a
                                             competition in advance of the NIA.                                                                            commenter’s suggestion. For FITW, the
                                                                                                     particular kind of consortium because
                                             Alternatively, the Department could                                                                           Department is permitted to use the
                                                                                                     the Department could choose to
                                             provide information for several years’                                                                        evidence definitions and regulations in
                                                                                                     combine Priority 9 with Priority 8
                                             competitions at once. This would allow                                                                        EDGAR as well as those established in
                                                                                                     (Improving Postsecondary Student
                                             consortia time to develop applications                                                                        this document. Thus, the Department
                                                                                                     Outcomes at Minority-Serving
                                             that meet the necessary evidence and                                                                          may exercise the flexibility allowed by
                                                                                                     Institutions). We believe such an
                                             large-scale impact requirements.                                                                              34 CFR 75.226 (What procedures does
                                                                                                     approach would adequately address the
                                                Discussion: The Department                           commenter’s concern.                                  the Secretary use if the Secretary
                                             appreciates the work that applicants put                  Changes: None.                                      decides to give special consideration to
                                             into developing high-quality projects for                 Comment: One commenter requested                    applications supported by strong
                                             this and other grant programs. We strive                that State agencies of higher education               evidence of effectiveness, moderate
                                             to provide as much time as possible to                  be included as eligible applicants.                   evidence of effectiveness, or evidence of
                                             allow applicants to prepare their                       According to the commenter, consistent                promise?) to give competitive preference
                                             submissions. Indeed, one of our goals in                with the purposes of Priority 9, these                or establish a separate competition for
                                             developing these priorities was to                      agencies offer access to statewide data,              applications supported by evidence of
                                             provide greater overall guidance to                     can identify statewide areas of need,                 promise, moderate evidence of
                                             potential applicants. Unfortunately, the                and are able to coordinate partnerships               effectiveness, or strong evidence of
                                             constraints and timing of the annual                    among institutions.                                   effectiveness. The Department may also
                                             budget and appropriations cycle do not                    Discussion: State higher education                  decide to use evidence-related selection
                                             permit us to provide information about                  agencies have an important voice in                   criteria in 34 CFR 75.210. However, any
                                             multiple years of a grant program at one                postsecondary education systems and                   use of those requirements, selection
                                             time.                                                   are eligible to apply for FITW grants.                criteria, and definitions will be
                                                Changes: None.                                       Eligible applicants for FITW, as                      described in the notice inviting
                                                Comment: One commenter expressed                     described in this document, include an                applications.
                                             strong support for Priority 9, noting that              institution of higher education,                         Changes: None.
                                             once an evidence base is established,                   combinations of such institutions, and
                                             large-scale reforms are most efficiently                                                                      Requirement 1—Innovations That
                                                                                                     other public and private nonprofit                    Improve Outcomes for High-Need
                                             accomplished through systems. The                       institutions and agencies.
                                             commenter requested that we add a                                                                             Students
                                                                                                       Changes: None.
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                                             focus on State policy. Each grantee                       Comment: One commenter expressed                      Comment: Many commenters
                                             would be required to develop a policy                   support for Priority 9 and recommended                expressed strong support for this
                                             work plan and identify several key                      that the Department consider how it                   requirement. One commenter
                                             levers needed to build support for and                  might be applied to Validation and                    recommended that grantees be required
                                             eliminate barriers to system redesign,                  Scale-up grants. The commenter pointed                to focus on low-income students and
                                             scale, and student success.                             out that the NPP suggests that this                   students of color. Two commenters


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                                             27044               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                             urged us to emphasize projects that                     commenter asked whether the planned                   section is to identify types of grants,
                                             enroll and graduate low-income, first-                  execution of an intervention constitutes              rather than define specific projects they
                                             generation, and underprepared students.                 an innovation.                                        could include. Several of the priorities
                                             One commenter asked the Department                        Discussion: We thank the commenter                  could incorporate use of predictive
                                             to include this requirement in all FITW                 for raising this issue for clarification.             analytics.
                                             competitions.                                           For the purposes of the FITW program,                    Changes: None.
                                                Discussion: We thank the commenters                  we define ‘‘innovation’’ to mean a                       Comment: Two commenters
                                             for their support for this requirement.                 process, product, strategy, or practice               questioned our description of
                                             We concur that high-need students                       that improves (or is expected to                      Development grant projects in the
                                             deserve better outcomes, and the FITW                   improve) significantly upon the                       background section of the NPP as
                                             program aims to support the                             outcomes reached with status quo                      ‘‘novel.’’ One commenter asked us to
                                             development and dissemination of tools                  options and that can ultimately reach                 clarify that innovations included in
                                             that improve outcomes for these                         widespread effective usage. This                      Development grant projects may not
                                             students in a variety of ways. The                      definition is consistent with the                     always be novel, but rather best
                                             Department will consider whether to                     definition used in the Investing in                   practices that are brought to scale. The
                                             include this requirement in each year’s                 Innovation (i3) program, which is                     commenter suggested that projects
                                             competition. We also note that we allow                 FITW’s elementary and secondary                       should be required to innovate
                                             applicants to determine which student                   education counterpart.                                significantly from current design.
                                             subpopulations they will serve, and that                  Changes: We have added a definition                 Another commenter asked for examples
                                             low-income students and students of                     of the term ‘‘innovation’’ to the                     of projects that would be considered
                                             color are included as examples of                       Definitions section of this notice.                   novel and yet are supported by
                                             student subpopulations in the definition                                                                      empirical evidence.
                                             of ‘‘high-need student.’’ This definition               Requirement 2—Eligibility                                Discussion: We thank the commenters
                                             also includes an illustrative list of                      Comment: One commenter expressed                   for these suggestions. As discussed
                                             groups that face unique challenges, such                enthusiasm for the inclusion of public                above, we have added a definition of
                                             as adult learners, working students,                    and private non-profit agencies as                    ‘‘innovation’’ in order to clarify
                                             part-time students, students from low-                  eligible applicants. Another commenter                expectations for projects under all grant
                                             income backgrounds, students of color,                  asked for clarification of the definition             types. The rationale for adding this
                                             first-generation students, students with                of ‘‘non-profit agencies.’’                           definition is discussed elsewhere in this
                                             disabilities, and students who are                         Discussion: We thank the commenter                 document. We believe that this
                                             English learners. We are adding                         for this support. We intend to use the                definition clarifies the Department’s
                                             ‘‘students with disabilities’’ to the                   EDGAR definition of ‘‘nonprofit’’ in 34               expectations for the ways in which
                                             illustrative list in the definition of                  CFR 77.1: ‘‘Nonprofit, as applied to an               projects should differ from current
                                             ‘‘high-need student’’ for consistency                   agency, organization, or institution,                 design and can help applicants
                                             with other ED programs, as discussed                    means that it is owned and operated by                determine which types of projects
                                             under Definitions.                                      one or more corporations or associations              would be considered novel and are
                                                Changes: None.                                       whose net earnings do not benefit, and                supported by empirical evidence
                                                Comment: Stating that a focus on                     cannot lawfully benefit, any private                     Changes: We have added a definition
                                             high-need students is timely, one                       shareholder or entity.’’ This definition              of the term ‘‘innovation’’ to the
                                             commenter urged the Department to                       will be included in any NIA that                      Definitions section of this notice.
                                             consider how these students are served                  includes this requirement.                               Comment: One commenter asked us
                                             by two-year institutions. These                            Changes: None.                                     to clarify whether rigorous evaluations,
                                             institutions vary in their size, location,                 Comment: One commenter asked for                   such as the use of randomized
                                             and capacities, but many perform at the                 State systems of higher education to be               controlled trials, are the preferred
                                             same level as their peers at four-year                  considered eligible applicants. The                   methodology for conducting
                                             institutions.                                           commenter noted that these systems                    independent evaluations of
                                                Discussion: The Department                           have a unique advantage in conducting                 Development grant projects.
                                             appreciates the key role of two-year                    rigorous evaluations due to their access                 Discussion: Requirements 4 (Evidence
                                             institutions in serving many of our                     to large numbers of students and robust               and Sample Size Standards) and 5
                                             country’s high-need students. Two-year                  datasets.                                             (Independent Evaluation) address
                                             institutions were among the FITW                           Discussion: State higher education                 expectations for evaluations of all types
                                             recipients in the FY 2014 competition                   agencies have an important voice in                   of grants. Further, Requirement 6
                                             and we encourage such institutions to                   postsecondary education systems and                   (Evaluation Design) is designed to
                                             apply in future competitions. Because                   are eligible to apply for FITW grants.                indicate that the Secretary announces in
                                             two-year institutions are eligible to                   Eligible applicants for FITW include an               the NIA which evaluation standard
                                             apply for FITW grants, we do not                        institution of higher education,                      applies to which grant type.
                                             believe it is necessary to revise this                  combinations of such institutions, and                   Changes: None.
                                             requirement to address them                             other public and private nonprofit                       Comment: One commenter asked us
                                             specifically.                                           institutions and agencies.                            to further clarify the difference between
                                                Changes: None.                                          Changes: None.                                     Validation and Scale-up grants. The
                                                Comment: One commenter requested                                                                           commenter asked whether projects that
                                             that the Department provide                             Requirement 3—Types of FITW Grants                    replicate and adapt proven programs in
                                             clarification on the definition of                        Comment: One commenter requested                    new locations (for example, throughout
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                                             ‘‘innovation’’ in Requirement 1. For                    that the Department specify that Scale-               colleges in a State or at several colleges
                                             Validation and Scale-up grants, the                     up grants include projects that use                   in a system) would qualify for a
                                             commenter asked whether projects that                   predictive analytics.                                 Validation or a Scale-up grant.
                                             make adjustments to proven programs                       Discussion: We appreciate the                          Discussion: The primary difference
                                             in order to reduce costs would meet this                commenter’s suggestion, but decline to                between a Validation and a Scale-up
                                             requirement. In addition, the                           make this change. The purpose of this                 grant lies in the level of evidence


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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                           27045

                                             supporting the proposed project.                        with strong designs conducted by                      best way to ensure a rigorous
                                             Validation grants must be supported by                  reputable evaluators.                                 evaluation, we also recognize that these
                                             moderate evidence of effectiveness as                      Discussion: We thank the commenter                 evaluation and evidence requirements
                                             defined in 34 CFR 77.1(c) whereas                       for this suggestion. We note that the                 may be new to many potential FITW
                                             Scale-up grants would likely be                         evidence standards included in this                   applicants. Furthermore, through the
                                             supported by strong evidence of                         program meet the commenter’s                          selection criteria established in EDGAR,
                                             effectiveness, as defined in 34 CFR                     objectives. These standards include                   we can encourage applicants to propose
                                             77.1(c). Additionally, Scale-up grants                  rigorous assessments, strong designs,                 rigorous project evaluations through the
                                             would apply to projects with a larger                   and reputable evaluators. The evidence                What Works Clearinghouse selection
                                             number of sites, a greater variety of                   standards we use in the FITW program                  factors. Such an approach, which
                                             contexts, and a greater variety of                      are consistent with EDGAR and are used                enables the Department to rely on the
                                             students than Validation grants. These                  widely across the Department’s                        judgment of non-Federal reviewers with
                                             differences are explained in the                        discretionary grant programs. We                      expertise in evaluation design without
                                             Background section of the NPP.                          choose to use the WWC Evidence                        imposing a pass-fail requirement, may
                                                Changes: None.                                       Standards so that this program can                    be preferable in any given year,
                                                                                                     produce evidence of the highest                       particularly in the early years of this
                                             Requirement 4—Evidence and Sample                       possible quality. The WWC Evidence
                                             Size Standards                                                                                                program. Accordingly, we believe that it
                                                                                                     Standards were developed based on                     would benefit potential applicants for
                                                Comment: One commenter asked us                      years of interaction with leading experts             the Department to retain the authority to
                                             to clarify how the term ‘‘multi-site’’ is               in program evaluation in the education                use the independent evaluation
                                             defined for Scale-up grants. The                        field.                                                requirement without using the
                                             commenter asked whether a project that                     Changes: None.                                     requirement relating to evaluation
                                             includes multiple colleges within the                                                                         design. We have clarified this
                                                                                                     Requirement 5—Evaluation
                                             same system or multiple campuses                                                                              distinction in the requirements.
                                             within the same institution would meet                    Comment: One commenter requested                       Changes: We have separated proposed
                                             the multi-site requirement.                             that we require grantees to report                    Requirement 5 into two requirements—
                                                Discussion: In 34 CFR 77.1, we define                disaggregated student outcome data. At                Requirement 5, relating to the
                                             ‘‘multi-site sample’’ as ‘‘more than one                a minimum, the commenter proposed                     independent evaluation requirement,
                                             site, where site can be defined as an                   that we require data to be disaggregated              and Requirement 6, relating to
                                             LEA, locality, or State.’’ Subpart (d) of               by outcomes for low-income students                   evaluation design. We have renumbered
                                             Requirement 4 further clarifies that a                  and students of color. In addition, the               the remaining requirements,
                                             multi-site sample can include multiple                  commenter suggested that we require                   accordingly.
                                             institutions, while a scaled multi-site                 grantees to report outcomes for other
                                             sample can include sites across a system                high-need student populations.                        Definitions
                                             of institutions, or across institutions in                Discussion: We thank the commenter
                                                                                                                                                           High-Need Student
                                             a State, region, labor market sector, or                for this suggestion. We agree that
                                             nationwide. We will announce in the                     useable data on outcomes for high-need                   Comment: One commenter
                                             NIA for any given FITW competition                      student subpopulations are critical to                recommended that the Department
                                             which requirement will apply to the                     improving programs and services.                      clarify the definition of ‘‘high-need
                                             Scale-up tier.                                          However, we decline to make the                       student’’ to ensure that projects focus on
                                                Changes: None.                                       proposed changes because this may not                 low-income, first-generation, and
                                                Comment: One commenter asked for                     be possible or appropriate for all                    academically underprepared students.
                                             further clarification on overlapping                    projects. We also note that the                          Discussion: We appreciate the
                                             samples as used for Scale-up grants. The                Department has established                            commenter’s concern that these
                                             commenter asked to what extent and                      performance measures for FITW,                        students face unique challenges.
                                             along what dimensions populations                       including cost per successful outcome.                However, we believe that the proposed
                                             should be required to overlap with the                    Changes: None.                                      definition of ‘‘high-need student’’
                                             sample in a supporting study.                             Comment: None.                                      adequately includes the recommended
                                                Discussion: We refer the commenter                     Discussion: Through the FITW                        student groups. The definition included
                                             to subpart (e) of Requirement 4, which                  program, the Department seeks to fund                 in the NPP includes students who are at
                                             clarifies that projects must include the                projects that can make a significant                  risk of educational failure, which could
                                             core aspects of a process, product,                     contribution to increasing knowledge                  include students from low-income
                                             strategy, or practice from a supporting                 about effective strategies for improving              backgrounds and first-generation
                                             study as closely as possible. If the                    postsecondary education outcomes. For                 students. This definition also includes
                                             project proposes to adapt an                            this reason, all FITW projects are                    an illustrative list of groups that face
                                             intervention from a study, the applicant                required to use part of their budgets to              unique challenges, such as adult
                                             must provide justifications for these                   conduct independent evaluations of                    learners, working students, part-time
                                             changes. It is the applicant’s                          their projects. Evaluation design is a                students, students from low-income
                                             responsibility to determine whether and                 significant consideration in ensuring                 backgrounds, students of color, first-
                                             to what extent the population in the                    that the independent evaluations help                 generation students, students with
                                             supporting study was a core aspect of its               build evidence of effectiveness and                   disabilities, and students who are
                                             implementation.                                         generate replicable results. For that                 English learners. Very similar
                                                Changes: None.                                       reason, we proposed in Requirement 5                  definitions are used in other Department
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                                                Comment: One commenter asked the                     that, in connection with the requirement              programs, including i3 and Race to the
                                             Department to consider expanding the                    that grantees conduct an independent                  Top, as well as in the Supplemental
                                             evidence requirements beyond the                        evaluation, the evaluation design meet                Priorities. We use the same definition in
                                             WWC Evidence Standards. The                             What Works Clearinghouse Evidence                     order to maintain consistency across
                                             commenter suggested that evidence                       Standards. Although we believe that                   multiple programs. We are adding
                                             could be based on rigorous assessments                  meeting these evidence standards is the               ‘‘students with disabilities’’ to the


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                                             27046               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                             illustrative list in the definition of                    Changes: None.                                      systematically improve the quality of
                                             ‘‘high-need student’’ for consistency                                                                         teaching, or multi-disciplinary efforts
                                                                                                     Final Priorities
                                             with other ED programs.                                                                                       focused on improving instructional
                                                Changes: We have added ‘‘students                    Priority 1: Improving Success in                      experiences.
                                             with disabilities’’ to this definition.                 Developmental Education                                  (ii) Program-level strategies such as
                                                                                                                                                           competency-based programs that are
                                             Minority-Serving Institution                               The Secretary gives priority to:
                                                                                                        (a) Projects designed to improve                   designed with faculty, industry,
                                                Comment: Two commenters                                                                                    employer, and expert engagement, use
                                             addressed the definition of MSI. One                    student success in developmental
                                                                                                     education or accelerate student progress              rigorous methods to define
                                             commenter asserted that, similar to                                                                           competencies, and utilize externally
                                             MSIs, community colleges enroll and                     into credit-bearing postsecondary
                                                                                                     courses; or                                           validated assessments, online or
                                             serve a disproportionate number of                                                                            blended programs, or joint offering of
                                             high-need students. The commenter                          (b) Projects designed to improve
                                                                                                     student success in developmental                      programs across institutions.
                                             asked the Department to consider the                                                                             (iii) Institution-level tools or strategies
                                             unique operational issues of two-year                   education or accelerate student progress
                                                                                                                                                           such as faculty-centered strategies to
                                             colleges, even though they may not have                 into credit-bearing postsecondary
                                                                                                                                                           improve teaching across an institution,
                                             the requisite enrollments of students of                courses through one or more of the
                                                                                                                                                           use of open educational resources, or
                                             color to qualify as MSIs.                               following:
                                                                                                                                                           tailoring academic content and delivery
                                                Another commenter proposed, in lieu                     (i) Identifying and treating academic
                                                                                                                                                           to serve the needs of non-traditional
                                             of the definition for MSI, a new                        needs prior to postsecondary
                                                                                                                                                           students.
                                             definition for Institutions with Large-                 enrollment, including while in middle
                                             Scale Impact for Minority Students.                     or high school, through strategies such               Priority 3: Improving Student Support
                                             This proposed definition would refer to                 as partnerships between K–12 and                      Services
                                             two-year or four-year institutions with                 postsecondary institutions;                              The Secretary gives priority to:
                                             sufficient capacity to affect large-scale                  (ii) Diagnosing students’                             (a) Projects designed to improve the
                                             change for Black, Latino, or American                   developmental education needs at the                  supports or services provided to
                                             Indian students. The commenter                          time of or after postsecondary                        students prior to or during the students’
                                             proposed that an institution would be                   enrollment, such as by developing                     enrollment in postsecondary education;
                                             considered to have sufficient capacity                  alternatives to single measure placement              or
                                             under this definition if it enrolled at                 strategies, and identifying specific                     (b) Projects designed to improve the
                                             least 3,000 Black, Latino, or American                  content gaps in order to customize                    supports or services provided to
                                             Indian students.                                        instruction to an individual student’s                students prior to or during the students’
                                                Discussion: The definition of MSI                    needs;                                                enrollment in postsecondary education
                                             comes from the Higher Education Act of                     (iii) Offering alternative pathways in             through one or more of the following:
                                             1965, as amended (HEA), and our intent                  mathematics, such as non-Algebra based                   (i) Integrating student support
                                             is to be consistent with the law. We                    coursework for non-math and science                   services, including with academic
                                             appreciate the commenters’ interest in                  fields;                                               advising and instruction.
                                             serving high-need students. We also                        (iv) Accelerating students’ progress in               (ii) Individualizing or personalizing
                                             agree that community colleges play a                    completing developmental education,                   support services, such as advising,
                                             critical role in serving high-need                      through strategies such as modularized,               coaching, tutoring, or mentoring, to
                                             students across the country. In addition,               fast-tracked, or self-paced courses or                students and their identified needs
                                             many community colleges are in fact                     placing students whose academic                       using tools or strategies such as
                                             MSIs. However, we decline to make the                   performance is one or more levels below               predictive analytics to identify students
                                             proposed changes to the definition of                   that required for credit-bearing courses              who may need specific supports, or
                                             MSIs. Nothing in this definition, the                   into credit-bearing courses with                      behavioral interventions used to provide
                                             priorities, or the authorizing statute                  academic supports;                                    timely, relevant, and actionable
                                             prohibits eligible community colleges,                     (v) Redesigning developmental                      information for students at critical
                                             regardless of MSI status, from applying                 education courses or programs through                 points such as when they may be at risk
                                             to FITW programs, provided that the                     strategies such as contextualization of               of dropping out.
                                             proposed project otherwise meets the                    developmental coursework together                        (iii) Connecting students to resources
                                             requirements.                                           with occupational or college-content                  or services other than those typically
                                                Changes: None.                                       coursework; and                                       provided by postsecondary institutions,
                                                                                                        (vi) Integrating academic and other                such as providing assistance in
                                             Selection Criterion—Collaborations                      supports for students in developmental                accessing government benefits,
                                               Comment: One commenter supported                      education.                                            transportation assistance, medical,
                                             this selection criterion. The commenter                                                                       health, or nutritional resources and
                                                                                                     Priority 2: Improving Teaching and
                                             recommended that we include more                                                                              services, child care, housing, or legal
                                                                                                     Learning
                                             specific emphasis on cross-functional                                                                         services.
                                             collaborations and holistic program                       The Secretary gives priority to:                       (iv) Utilizing technology such as
                                             design, to promote continuous                             (a) Projects designed to improve                    digital messaging to provide supports or
                                             improvement and foster institutional                    teaching and learning; or                             services systematically.
                                             cultures that embrace feedback.                           (b) Projects designed to improve
                                               Discussion: We thank the commenter                    teaching and learning through one or                  Priority 4: Developing and Using
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                                             for this suggestion. We agree that these                more of the following:                                Assessments of Learning
                                             types of collaborations can foster                        (i) Instruction-level tools or strategies             The Secretary gives priority to:
                                             success. However, we believe that                       such as adaptive learning technology,                   (a) Projects that support the
                                             applicants are best equipped to design                  educational games, personalized                       development and use of externally
                                             the collaborative structures that meet                  learning, active- or project-based                    validated assessments of student
                                             their needs.                                            learning, faculty-centered strategies that            learning and stated learning goals; or


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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                           27047

                                                (b) Projects that support the                        integrated with other support services                interested in applications that meet the
                                             development and use of externally                       provided by institutions, including on                priority. However, we do not give an
                                             validated assessments of student                        student loan repayment options such as                application that meets the priority a
                                             learning and stated learning goals                      income-driven repayment plans and                     preference over other applications (34
                                             through one or more of the following:                   public service loan forgiveness and debt              CFR 75.105(c)(1)).
                                                (i) Alternative assessment tools or                  management.                                           Final Requirements
                                             strategies such as micro- or competency-                   (ii) Personalized approaches to
                                             based assessments, assessments                          financial aid delivery, counseling,                      The Assistant Secretary for
                                             embedded in curriculum, or                              advising, and other support activities,               Postsecondary Education establishes the
                                             simulations, games, or other technology-                which may include early warning                       following requirements for this program.
                                             based assessment approaches.                            systems, use of predictive analytics,                 We may apply one or more of these
                                                (ii) Professional development or                     need-based aid, emergency aid, or                     requirements in any year in which this
                                             training of faculty and staff on the                    bonuses or other incentives for                       program is in effect.
                                             approaches to developing, using, and                    successful outcomes such as on-time                      1. Innovations that Improve Outcomes
                                             interpreting assessments.                               academic progress and completion.                     for High-Need Students: The Secretary
                                                (iii) Combining or sequencing                                                                              may require that—
                                             assessments from multiple sources to                    Priority 7: Implementing Low Cost-High                   (a) Grantees must implement projects
                                             strengthen diagnostic capabilities.                     Impact Strategies to Improve Student                  designed to improve outcomes of high-
                                                (iv) Aligning assessments across                     Outcomes                                              need students (as defined in this notice)
                                             sectors and institutions, such as across                   The Secretary gives priority to                    in postsecondary education; or
                                             kindergarten through grade 12 and                       projects that use low-cost tools or                      (b) Grantees must implement projects
                                             postsecondary education systems or                      strategies, such as those that use                    designed to improve one or more of the
                                             across two-year and four-year                           technology, that result in a high impact              following outcomes of high-need
                                             institutions, to improve college                        on student outcomes.                                  students (as defined in this notice) in
                                             readiness and content delivery.                                                                               postsecondary education:
                                                                                                     Priority 8: Improving Postsecondary                      (i) Persistence.
                                                (v) Open-source assessments.
                                                                                                     Student Outcomes at Minority-Serving                     (ii) Academic progress.
                                             Priority 5: Facilitating Pathways to                    Institutions                                             (iii) Time to degree.
                                             Credentialing and Transfer                                                                                       (iv) Completion.
                                                                                                       The Secretary gives priority to
                                                                                                                                                              2. Eligibility: The Secretary may make
                                                The Secretary gives priority to:                     projects designed to improve student
                                                                                                                                                           grants to, or enter into contracts with,
                                                (a) Projects designed to develop and                 outcomes at Minority-Serving
                                                                                                                                                           one or more of the following:
                                             implement systems and practices to                      Institutions (as defined in this notice).                An institution of higher education,
                                             capture and aggregate credit or other                                                                         combinations of such institutions, and
                                                                                                     Priority 9: Systems and Consortia
                                             evidence of knowledge and skills                                                                              other public and private nonprofit
                                                                                                     Focused on Large-scale Impact
                                             towards postsecondary degrees or                                                                              institutions and agencies.
                                             credentials; or                                            The Secretary gives priority to
                                                                                                                                                              The Secretary will announce the
                                                (b) Projects designed to develop and                 projects that involve consortia of
                                                                                                                                                           eligible applicants in the NIA.
                                             implement systems and practices to                      institutions, including across a college                 3. Types of FITW Grants: Awards may
                                             capture and aggregate credit or other                   or university system, and partnerships                be made for Development grants,
                                             evidence of knowledge and skills                        with leading experts that are                         Validation grants, and Scale-up grants.
                                             towards postsecondary degrees or                        implemented at multiple sites with large              The Secretary will announce the type of
                                             credentials through one or more of the                  sample sizes to allow for more rapid                  grants that applicants may apply for in
                                             following:                                              development, evaluation, and scaling of               the NIA.
                                                (i) Seamless transfer of credits                     practices determined to be effective.                    4. Evidence and Sample Size
                                             between postsecondary institutions.                        Types of Priorities:                               Standards: To be eligible for an award—
                                                (ii) Validation and transfer of credit                  When inviting applications for a                      (a) An application for a Development
                                             for learning or learning experiences                    competition using one or more                         grant must be supported by one of the
                                             from non-institutional sources.                         priorities, we designate the type of each             following:
                                                (iii) Alternate credentialing or badging             priority as absolute, competitive                        (i) Evidence of promise (as defined in
                                             frameworks.                                             preference, or invitational through a                 34 CFR 77.1(c)).
                                                (iv) Opportunities for students to earn              notice in the Federal Register. The                      (ii) Strong theory (as defined in 34
                                             college credits prior to postsecondary                  effect of each type of priority follows:              CFR 77.1(c)).
                                             enrollment, such as through dual                           Absolute priority: Under an absolute                  (iii) Evidence of promise or strong
                                             enrollment, dual degree, dual                           priority, we consider only applications               theory.
                                             admission, or early college programs.                   that meet the priority (34 CFR                           The Secretary will announce in the
                                                                                                     75.105(c)(3)).                                        NIA which evidence standard will
                                             Priority 6: Increasing the Effectiveness of                Competitive preference priority:                   apply to a Development grant in a given
                                             Financial Aid                                           Under a competitive preference priority,              competition. Under (a)(iii), applicants
                                                The Secretary gives priority to:                     we give competitive preference to an                  must identify whether their application
                                                (a) Projects designed to improve the                 application by (1) awarding additional                is supported by evidence of promise or
                                             effectiveness of financial aid; or                      points, depending on the extent to                    strong theory.
                                                (b) Projects designed to improve the                 which the application meets the priority                 (b) An application for a Validation
                                             effectiveness of financial aid through                  (34 CFR 75.105(c)(2)(i)); or (2) selecting            grant must be supported by moderate
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                                             one or more of the following:                           an application that meets the priority                evidence of effectiveness (as defined in
                                                (i) Counseling, advising, creation of                over an application of comparable merit               34 CFR 77.1(c)).
                                             information and resources, and other                    that does not meet the priority (34 CFR                  (c) An application for a Scale-up grant
                                             support activities on higher education                  75.105(c)(2)(ii)).                                    must be supported by strong evidence of
                                             financing and financial literacy                           Invitational priority: Under an                    effectiveness (as defined in 34 CFR
                                             delivered by financial aid offices or                   invitational priority, we are particularly            77.1(c)).


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                                             27048               Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations

                                                (d) The Secretary may require that an                the Department. This includes                         following selection criterion for
                                             application for a Development grant,                    providing to the Department, within 100               evaluating an application under this
                                             Validation grant, or Scale-up grant must                days of a grant award, an updated                     program. We may apply this criterion or
                                             be supported by one or more of the                      comprehensive evaluation plan in a                    any of the selection criteria from 34 CFR
                                             following levels of sample size:                        format and using such tools as the                    part 75 in any year in which this
                                                (i) Large sample (as defined in 34 CFR               Department may require. Grantees must                 program is in effect. In the NIA, the
                                             77.1(c)).                                               update this evaluation plan at least                  application package, or both, we will
                                                (ii) Multi-site sample (as defined in 34             annually to reflect any changes to the                announce the maximum points assigned
                                             CFR 77.1(c)), such as at multiple                       evaluation and provide the updated                    to each selection criteria.
                                             institutions.                                           evaluation plan to the Department. All                  1. Collaborations: The extent to which
                                                (iii) Scaled multi-site sample, such as              of these updates must be consistent with              the proposed project is designed to
                                             across a system of institutions, across                 the scope and objectives of the approved              engage individuals or entities with
                                             institutions in a State, a region, or                   application.                                          expertise, experience, and knowledge
                                             nationally, or across institutions in a                    6. Evaluation Design: The evaluation               regarding the project’s activities, such as
                                             labor market sector.                                    design for a Development grant,                       postsecondary institutions, non-profit
                                                The Secretary will announce in the                   Validation grant, or Scale-up grant must              organizations, experts, academics, and
                                             NIA which sample size standards will                    meet one or either of the following                   practitioners.
                                             apply to each type of FITW grant                        standards:
                                             (Development, Validation, or Scale-up)                     (i) What Works Clearinghouse                       Final Definitions
                                             that is available.                                      Evidence Standards (as defined in 34                     The Assistant Secretary for
                                                (e) Where evidence of promise,                       CFR 77.1(c)) without reservations; or                 Postsecondary Education establishes the
                                             moderate evidence of effectiveness, or                     (ii) What Works Clearinghouse                      following definitions for this program.
                                             strong evidence of effectiveness is                     Evidence Standards (as defined in 34                  We may apply one or more of these
                                             required to receive a grant, an                         CFR 77.1(c)) with reservations.                       definitions in any year in which this
                                             applicant’s project must propose to                        The Secretary will announce in the                 program is in effect.
                                             implement the core aspects of the                       NIA the evaluation standard(s) that will                 1. High-need student means a student
                                             process, product, strategy, or practice                 apply to each type of FITW grant                      at risk of educational failure or
                                             from the supporting study as closely as                 (Development, Validation, or Scale-up)                otherwise in need of special assistance
                                             possible. Where modifications to a cited                that is available.                                    and support such as adult learners,
                                             process, product, strategy, or practice                    7. Funding Categories: An applicant
                                                                                                                                                           working students, part-time students,
                                             will be made to account for student or                  will be considered for an award only for
                                                                                                                                                           students from low-income backgrounds,
                                             institutional characteristics, resource                 the type of FITW grant (Development,
                                                                                                                                                           students of color, first-generation
                                             limitations, or other special factors or to             Validation, and Scale-up) for which it
                                                                                                                                                           students, students with disabilities, and
                                             address deficiencies identified by the                  applies. An applicant may not submit
                                                                                                                                                           students who are English learners. Note:
                                             cited study, the applicant must provide                 an application for the same proposed
                                                                                                                                                           The Department acknowledges that the
                                             a justification or basis for the                        project under more than one type of
                                                                                                                                                           definition of high-need students is not
                                             modifications. Modifications may not be                 grant.
                                                                                                        8. Limit on Grant Awards: The                      limited to these categories. This
                                             proposed to the core aspects of any cited
                                                                                                     Secretary may choose to deny the award                definition is for illustrative purposes
                                             process, product, strategy, or practice.
                                                5. Independent Evaluation:                           of a grant to an applicant if the                     and may include other categories of
                                                (a) The grantee must conduct an                      applicant already holds an active FITW                high-need students.
                                             Independent Evaluation (as defined in                   grant from a previous FITW competition                   2. Independent evaluation means an
                                             this notice) of its project. The evaluation             or, if awarded, would result in the                   evaluation that is designed and carried
                                             must estimate the impact of the FITW-                   applicant receiving more than one FITW                out independent of and external to the
                                             supported practice (as implemented at                   grant in the same year.                               grantee, but in coordination with any
                                             the proposed level of scale) on a                          9. Management Plan: Within 100 days                employees of the grantee who develop
                                             relevant outcome (as defined in 34 CFR                  of a grant award, the grantee must                    a process, product, strategy, or practice
                                             77.1(c)).                                               provide an updated comprehensive                      and are implementing it.
                                                (b) The grantee must make broadly                    management plan for the approved                         3. Innovation means a process,
                                             available, digitally and free of charge,                project in a format and using such tools              product, strategy, or practice that
                                             through formal (e.g., peer-reviewed                     as the Department may require. This                   improves (or is expected to improve)
                                             journals) or informal (e.g., newsletters)               management plan must include detailed                 significantly upon the outcomes reached
                                             mechanisms, the results of any                          information about implementation of                   with status quo options and that can
                                             evaluations it conducts of its funded                   the first year of the grant, including key            ultimately reach widespread effective
                                             activities. The grantee must also ensure                milestones, staffing details, and other               usage.
                                             that the data from its evaluation are                   information that the Department may                      4. Minority-serving institution means
                                             made available to third-party                           require. It must also include a complete              an institution that is eligible to receive
                                             researchers consistent with applicable                  list of performance metrics, including                assistance under sections 316 through
                                             privacy requirements.                                   baseline measures and annual targets.                 320 of part A of Title III, under part B
                                                (c) The grantee and its independent                  The grantee must update this                          of Title III, or under Title V of the HEA.
                                             evaluator must agree to cooperate on an                 management plan at least annually to                     This notice does not preclude us from
                                             ongoing basis with any technical                        reflect implementation of subsequent                  proposing additional priorities,
                                             assistance provided by the Department                                                                         requirements, definitions, or selection
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                                                                                                     years of the project and provide the
                                             or its contractor, including any                        updated management plan to the                        criteria, subject to meeting applicable
                                             technical assistance provided to ensure                 Department.                                           rulemaking requirements.
                                             that the evaluation design meets the                                                                            Note: This notice of final priorities does
                                             required evaluation standards, and                      Final Selection Criterion
                                                                                                                                                           not solicit applications. In any year in which
                                             comply with the requirements of any                       The Assistant Secretary for                         we choose to use one or more of these
                                             evaluation of the program conducted by                  Postsecondary Education establishes the               priorities, requirements, selection criterion,



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                                                                 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations                                                 27049

                                             and definitions, we invite applications                 environmental, public health and safety,              The priorities, requirements,
                                             through a notice in the Federal Register.               and other advantages; distributive                    definitions, and selection criterion
                                                                                                     impacts; and equity);                                 announced in this notice will provide
                                             Executive Orders 12866 and 13563                           (4) To the extent feasible, specify                applicants a framework for achieving
                                             Regulatory Impact Analysis                              performance objectives, rather than the               the goals and objectives of the FITW
                                                                                                     behavior or manner of compliance a                    program.
                                                Under Executive Order 12866, the
                                                                                                     regulated entity must adopt; and                         Intergovernmental Review: This
                                             Secretary must determine whether this
                                                                                                        (5) Identify and assess available                  program is subject to Executive Order
                                             regulatory action is ‘‘significant’’ and,
                                                                                                     alternatives to direct regulation,                    12372 and the regulations in 34 CFR
                                             therefore, subject to the requirements of
                                                                                                     including economic incentives—such as                 part 79. One of the objectives of the
                                             the Executive order and subject to
                                                                                                     user fees or marketable permits—to                    Executive order is to foster an
                                             review by the Office of Management and
                                                                                                     encourage the desired behavior, or                    intergovernmental partnership and a
                                             Budget (OMB). Section 3(f) of Executive
                                                                                                     provide information that enables the                  strengthened federalism. The Executive
                                             Order 12866 defines a ‘‘significant
                                                                                                     public to make choices.                               order relies on processes developed by
                                             regulatory action’’ as an action likely to                 Executive Order 13563 also requires
                                             result in a rule that may—                                                                                    State and local governments for
                                                                                                     an agency ‘‘to use the best available                 coordination and review of proposed
                                                (1) Have an annual effect on the
                                                                                                     techniques to quantify anticipated                    Federal financial assistance.
                                             economy of $100 million or more, or
                                                                                                     present and future benefits and costs as                 This document provides early
                                             adversely affect a sector of the economy,
                                                                                                     accurately as possible.’’ The Office of               notification of our specific plans and
                                             productivity, competition, jobs, the
                                                                                                     Information and Regulatory Affairs of                 actions for this program.
                                             environment, public health or safety, or
                                                                                                     OMB has emphasized that these
                                             State, local, or tribal governments or                                                                           Accessible Format: Individuals with
                                                                                                     techniques may include ‘‘identifying
                                             communities in a material way (also                                                                           disabilities can obtain this document in
                                                                                                     changing future compliance costs that
                                             referred to as an ‘‘economically                                                                              an accessible format (e.g., braille, large
                                                                                                     might result from technological
                                             significant’’ rule);                                                                                          print, audiotape, or compact disc) on
                                                (2) Create serious inconsistency or                  innovation or anticipated behavioral
                                                                                                     changes.’’                                            request to the program contact person
                                             otherwise interfere with an action taken                                                                      listed under FOR FURTHER INFORMATION
                                             or planned by another agency;                              We are issuing these final priorities,
                                                                                                     requirements, selection criterion, and                CONTACT.
                                                (3) Materially alter the budgetary
                                                                                                     definitions only on a reasoned                           Electronic Access to This Document:
                                             impacts of entitlement grants, user fees,
                                                                                                     determination that their benefits justify             The official version of this document is
                                             or loan programs or the rights and
                                                                                                     their costs. In choosing among                        the document published in the Federal
                                             obligations of recipients thereof; or
                                                (4) Raise novel legal or policy issues               alternative regulatory approaches, we                 Register. Free Internet access to the
                                             arising out of legal mandates, the                      selected those approaches that                        official edition of the Federal Register
                                             President’s priorities, or the principles               maximize net benefits. Based on the                   and the Code of Federal Regulations is
                                             stated in the Executive order.                          analysis that follows, the Department                 available via the Federal Digital System
                                                This final regulatory action is not a                believes that this regulatory action is               at: www.gpo.gov/fdsys. At this site you
                                             significant regulatory action subject to                consistent with the principles in                     can view this document, as well as all
                                             review by OMB under section 3(f) of                     Executive Order 13563.                                other documents of this Department
                                             Executive Order 12866.                                     We also have determined that this                  published in the Federal Register, in
                                                We have also reviewed this final                     regulatory action does not unduly                     text or Adobe Portable Document
                                             regulatory action under Executive Order                 interfere with State, local, and tribal               Format (PDF). To use PDF you must
                                             13563, which supplements and                            governments in the exercise of their                  have Adobe Acrobat Reader, which is
                                             explicitly reaffirms the principles,                    governmental functions.                               available free at the site.
                                             structures, and definitions governing                      Summary of potential costs and                        You may also access documents of the
                                             regulatory review established in                        benefits:                                             Department published in the Federal
                                             Executive Order 12866. To the extent                       In accordance with both Executive                  Register by using the article search
                                             permitted by law, Executive Order                       orders, the Department has assessed the               feature at: www.federalregister.gov.
                                             13563 requires that an agency—                          potential costs and benefits, both                    Specifically, through the advanced
                                                (1) Propose or adopt regulations only                quantitative and qualitative, of this                 search feature at this site, you can limit
                                             upon a reasoned determination that                      regulatory action. The potential costs                your search to documents published by
                                             their benefits justify their costs                      are those resulting from statutory                    the Department.
                                             (recognizing that some benefits and                     requirements and those we have                           Delegation of Authority: The Secretary
                                             costs are difficult to quantify);                       determined as necessary for                           of Education has delegated authority to
                                                (2) Tailor its regulations to impose the             administering the Department’s                        Jamienne S. Studley, Deputy Under
                                             least burden on society, consistent with                programs and activities.                              Secretary, to perform the functions and
                                             obtaining regulatory objectives and                        The benefits of the FITW program are               duties of the Assistant Secretary for
                                             taking into account—among other things                  the generation of a body of evidence for              Postsecondary Education.
                                             and to the extent practicable—the costs                 what works in postsecondary education
                                                                                                     through development, evaluation, and                    Dated: May 5, 2015.
                                             of cumulative regulations;
                                                (3) In choosing among alternative                    dissemination of innovative strategies to             Jamienne S. Studley,
                                             regulatory approaches, select those                     support students who are at risk of                   Deputy Under Secretary.
                                             approaches that maximize net benefits                   failure in persisting in and completing               [FR Doc. 2015–11333 Filed 5–8–15; 8:45 am]
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                                             (including potential economic,                          their postsecondary programs of study.                BILLING CODE 4000–01–P




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Document Created: 2018-02-21 10:25:58
Document Modified: 2018-02-21 10:25:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal priorities, requirements, selection criterion, and definitions.
DatesThese priorities, requirements, selection criterion, and definitions are effective June 10, 2015.
ContactFrank Frankfort, U.S. Department of Education, 1990 K Street NW., Room 6166, Washington, DC 20006. Telephone: (202) 502-7513 or by email: [email protected]
FR Citation80 FR 27036 

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