83_FR_49220 83 FR 49031 - Proposed Priorities, Requirements, Definitions, and Performance Measures-Comprehensive Centers Program Catalog of Federal Domestic Assistance (CFDA) Number: 84.283B

83 FR 49031 - Proposed Priorities, Requirements, Definitions, and Performance Measures-Comprehensive Centers Program Catalog of Federal Domestic Assistance (CFDA) Number: 84.283B

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range49031-49040
FR Document2018-21089

The Assistant Secretary for Elementary and Secondary Education (Assistant Secretary), U.S. Department of Education (Department) proposes priorities, requirements, definitions, and performance measures under the Comprehensive Centers program. The Assistant Secretary may use these priorities, requirements, definitions, and performance measures for competitions in fiscal year (FY) 2019 and later years. We intend to use the priorities, requirements, and definitions to award grants to eligible applicants seeking to provide capacity-building services to State educational agencies (SEAs), regional educational agencies (REAs), local educational agencies (LEAs), and schools that improve educational outcomes for all students, close achievement gaps, and improve the quality of instruction.

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49031-49040]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21089]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED-2018-OESE-0069]


Proposed Priorities, Requirements, Definitions, and Performance 
Measures--Comprehensive Centers Program Catalog of Federal Domestic 
Assistance (CFDA) Number: 84.283B

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Proposed priorities.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
(Assistant Secretary), U.S. Department of Education (Department) 
proposes priorities, requirements, definitions, and performance 
measures under the Comprehensive Centers program. The Assistant 
Secretary may use these priorities, requirements, definitions, and 
performance measures for competitions in fiscal year (FY) 2019 and 
later years. We intend to use the priorities, requirements, and 
definitions to award grants to eligible applicants seeking to provide 
capacity-building services to State educational agencies (SEAs), 
regional educational agencies (REAs), local educational agencies 
(LEAs), and schools that improve educational outcomes for all students, 
close achievement gaps, and improve the quality of instruction.

DATES: We must receive your comments on or before October 29, 2018.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to Use Regulations.gov.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this notice of proposed priorities, 
requirements, definitions, and performance measures, address them to 
Kim Okahara, U.S. Department of Education, 400 Maryland Avenue SW, Room 
3E204, Washington, DC 20202-6132.

    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Kim Okahara, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E204, Washington, DC 20202-
6135. Telephone: (202) 453-6930. 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: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priorities, requirements, definitions, and performance 
measures. To ensure that your comments have maximum effect in 
developing the final priorities, requirements, definitions, and 
performance measures, we urge you to identify clearly the specific 
section or sections of the proposed priorities, requirements, 
definitions, and performance measures that each of your comments 
addresses and to arrange your comments in the same order as the 
proposed priorities, requirements, definitions, and performance 
measures.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from these proposed priorities, requirements, definitions, and 
performance measures. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed priorities, requirements, definitions, 
and performance measures by accessing Regulations.gov. You may also 
inspect the comments in person in Room 3E204, 400 Maryland Avenue SW, 
Washington, DC, between 8:30 a.m. and 4:00 p.m., Eastern Time, Monday 
through Friday of each week except Federal holidays. Please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for these proposed priorities, requirements, 
definitions, and performance measures. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The Comprehensive Centers program supports the 
establishment of not less than 20 Comprehensive Centers to provide 
capacity-building services to SEAs, REAs, LEAs, and schools that 
improve educational outcomes for all students, close achievement gaps, 
and improve the quality of instruction.

    Program Authority: Section 203 of the Educational Technical 
Assistance Act of 2002 (ETAA) (20 U.S.C. 9601 et seq.).

    Background: The Elementary and Secondary Education Act of 1965

[[Page 49032]]

(ESEA), as amended by the Every Student Succeeds Act (ESSA),\1\ holds 
States accountable for closing achievement gaps and ensuring that all 
children, regardless of race, ethnicity, family income, English 
language proficiency, or disability, receive a high-quality education 
and meet challenging State academic standards.
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    \1\ Throughout this document, unless otherwise indicated, 
citations to the ESEA refer to the ESEA, as amended by the ESSA.
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    The ETAA authorizes support for not less than 20 grants to local 
entities, or consortia of such entities, with demonstrated expertise in 
providing capacity-building services in reading, mathematics, science, 
and technology, especially to low-performing schools and districts, 
including the administration and implementation of programs authorized 
under the ESEA. Under section 203(a)(2) of the ETAA, the Department is 
required to establish at least one Center in each of the 10 geographic 
regions served by the Department's Regional Educational Laboratories 
(RELs) authorized under section 941(h) of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994. The proposed 
funding for Regional Centers established under the ETAA must take into 
consideration the school-age population, proportion of economically 
disadvantaged students, increased cost burdens of service delivery in 
rural areas, and number of schools identified for improvement under 
ESEA section 1111(d). Accordingly, the regions for the proposed 
Regional Centers take into account total SEAs, LEAs, REAs, SEAs, and 
LEAs eligible for the Small, Rural School Achievement Program and the 
Rural Low-Income School Program, schools, and the associated RELs.
    The Department conducted a competition in 2012 and made five-year 
awards to 15 Regional Centers and seven Content Centers. The 15 
Regional Centers provided direct technical assistance to SEAs within 
their assigned geographic region through a variety of approaches, such 
as identifying best practices and resources, providing training, and 
helping States plan strategically and engage key stakeholders. In 
addition, seven Content Centers provided specialized support in the 
following key areas: Standards and assessments implementation, great 
teachers and leaders, school turnaround, enhancing early learning 
outcomes, college- and career-readiness and success, building State 
capacity and productivity, and innovations in learning. Content Centers 
developed materials, such as guides, tools, and training modules, and 
they provided direct technical assistance to States in collaboration 
with Regional Centers.\2\
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    \2\ In 2016, the Department established a National Comprehensive 
Center on Improving Literacy for Students with Disabilities pursuant 
to provisions included in the ESSA. The Center is authorized as part 
of the Comprehensive Centers program and managed by the Office of 
Special Education and Rehabilitative Services. See https://improvingliteracy.org/ for more information.
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    On March 13, 2017, the Department granted waivers to extend the 
performance period of the Comprehensive Centers from October 1, 2017, 
through September 30, 2019 (82 FR 13452). The Department concluded it 
would be in the public interest to hold a competition only after all 
new statutory requirements under the reauthorized ESEA went into 
effect. Delaying the competition until after the Department and States 
began to implement the new provisions under the ESEA allowed applicants 
to familiarize themselves with the new statutory requirements and 
submit applications that better serve States under the new law.
    Additionally, pursuant to authority granted to the Secretary in 
Title III of Division H of the Consolidated Appropriations Act, 2016 
(Pub. L. 114-113), and subsequent Consolidated Appropriations Acts, 
Comprehensive Center services may be provided to the Bureau of Indian 
Education (BIE) and schools within its jurisdiction.

Proposed Priorities

    We propose two priorities. The Assistant Secretary may use one or 
more of these priorities for the FY 2019 Comprehensive Centers program 
competition or for any subsequent competition.
    Background: In accordance with ETAA section 206, the Secretary 
established 10 Regional Advisory Committees (RACs) to identify each 
region's most critical educational needs and develop recommendations 
for technical assistance to meet those needs. The RACs met and engaged 
their respective constituencies between July 19, 2016, and August 26, 
2016. Final RAC reports were published in October 2016.\3\
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    \3\ The full reports are available at: https://www2.ed.gov/about/bdscomm/list/rac/index.html.
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    While specific needs and recommendations varied by region, the 
three highest needs identified across all 10 RACs were: College and 
career readiness; ensuring equity and addressing issues of 
disproportionality; and supporting the lowest performing schools.\4\ 
Education stakeholders noted that identified needs were not mutually 
exclusive and there is considerable overlap between implementing the 
ESEA, ensuring equity, equitable distribution of highly effective 
teachers and leaders, and improving assessments and accountability 
systems.\5\ Key recommendations for services to meet those needs 
included: Engage stakeholders from different groups in the SEAs' 
decision-making processes; facilitate cross-group collaboration to 
strengthen partnerships; create or compile resources, tools, and best 
practice guides that incorporate specific contexts (e.g., rural 
populations or particular subgroups); disseminate evidence-based (as 
defined in 34 CFR 77.1) research and guides; develop or identify 
training and professional development; and promote community and 
stakeholder engagement.\6\
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    \4\ See page 5, A Cross-Regional Advisory Committee Analysis at: 
https://www2.ed.gov/about/bdscomm/list/rac/index.html.
    \5\ Ibid.
    \6\ Ibid., pages 5-8.
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    Consistent with the RAC findings and recommendations and the 
requirements of both the ESEA and the ETAA, the Department believes 
that the best way to assist State-led reform efforts is to focus 
Comprehensive Centers on implementing and scaling evidence-based 
programs, practices, and interventions that directly benefit those 
eligible to receive Comprehensive Center services (recipients): (1) 
Recipients that have high percentages or numbers of students from low-
income families; (2) recipients that are implementing comprehensive 
support and improvement activities or targeted support and improvement 
activities; and (3) recipients in rural areas.
    In order for States to effectively implement and scale-up evidence-
based programs, practices, and interventions, we propose that Regional 
Centers deliver intensive services to help their assigned States 
advance through the following phases of implementation: Conducting 
needs assessments, developing logic models, selecting appropriate 
evidence-based practices, planning for the implementation of evidence-
based practices, implementing evidence-based practices, and evaluating 
the implementation of evidence-based practices. We also propose that 
the National Center deliver universal services to help all States 
address common high-leverage problems, common implementation 
challenges, and emerging education trends.

[[Page 49033]]

    By delineating which Centers will deliver universal, targeted, and 
intensive services, the proposed model minimizes duplication of 
Comprehensive Center resources and enables more coherent, coordinated, 
and efficient service delivery to all States.
    The FY 2019 Comprehensive Centers program logic model provided in 
this document outlines the expected inputs, types of services, outputs, 
and outcomes that, when taken together, we believe are more likely to 
result in organizational structures and systems that ensure high-
quality services and supports for disadvantaged students and students 
from low-income families.

Priority 1: Regional Centers

    Regional Centers must provide high-quality intensive capacity-
building services to State clients and recipients to identify, 
implement, and sustain effective evidence-based practices that support 
improved educator and student outcomes. As appropriate, capacity-
building services must assist clients and recipients in: (1) Carrying 
out approved ESEA Consolidated State Plans with preference given to the 
implementation and scaling up of evidence-based programs, practices, 
and interventions that directly benefit recipients that have high 
percentages or numbers of students from low-income families as 
referenced in Title I, Part A of the ESEA (ESEA secs. 1113(a)(5) and 
1111(d)) and recipients that are implementing comprehensive support and 
improvement activities or targeted support and improvement activities 
as referenced in Title I, Part A of the ESEA (ESEA sec. 1111(d)); (2) 
implementing and scaling-up evidence-based programs, practices, and 
interventions that address the unique educational obstacles faced by 
rural populations; (3) carrying out corrective actions (e.g., 
addressing audit findings as a result of monitoring conducted by the 
Department); and (4) working with the National Center to identify 
trends and best practices, and develop cost-effective strategies to 
make their work available to as many REAs, LEAs, and schools in need of 
support as possible.
    Applicants must propose to operate a Regional Center in one of the 
following regions:

Region 1: Massachusetts, Maine, New Hampshire, Vermont
Region 2: Connecticut, New York, Rhode Island
Region 3: Delaware, District of Columbia, Maryland, New Jersey, 
Pennsylvania
Region 4: Kentucky, Tennessee, Virginia, West Virginia
Region 5: Georgia, North Carolina, South Carolina
Region 6: Alabama, Florida, Mississippi, Puerto Rico, Virgin Islands
Region 7: Indiana, Michigan, Ohio
Region 8: Illinois, Iowa
Region 9: Minnesota, Wisconsin
Region 10: North Dakota, South Dakota, Wyoming
Region 11: Colorado, Nebraska
Region 12: Kansas, Missouri
Region 13: Arizona, Bureau of Indian Education, New Mexico, Oklahoma
Region 14: Arkansas, Louisiana, Texas
Region 15: California, Nevada, Utah
Region 16: Alaska, Oregon, Washington
Region 17: Idaho, Montana
Region 18: Commonwealth of the Northern Mariana Islands, Federated 
States of Micronesia, Guam, Palau
Region 19: American Samoa, Hawaii, Republic of the Marshall Islands

Priority 2: National Center

    The National Center must provide high-quality universal (e.g., 
policy briefs) and targeted (e.g., peer-to-peer exchanges and 
communities of practice that convene SEAs, REAs, LEAs, and schools on a 
particular topic) capacity-building services to address the following: 
Common high-leverage problems identified in Regional Center State 
service plans (as outlined in Program Requirement (a)(1)), common 
findings from finalized Department monitoring reports or audit 
findings, common implementation challenges faced by States and Regional 
Centers, and emerging national education trends. As appropriate, 
universal and targeted capacity-building services must assist Regional 
Center clients and recipients to: (1) Implement approved ESEA 
Consolidated State Plans, with preference given to implementing and 
scaling evidence-based programs, practices, and interventions that 
directly benefit entities that have high percentages or numbers of 
students from low-income families as referenced in Title I, Part A of 
the ESEA (ESEA sec. 1113(a)(5) and 1111(d)) and recipients that are 
implementing comprehensive support and improvement activities or 
targeted support and improvement activities as referenced in Title I, 
Part A of the ESEA (ESEA sec. 1111(d)); and (2) implement and scale 
evidence-based programs, practices, and interventions that address the 
unique educational obstacles faced by rural populations. The work of 
the National Center must include the implementation of effective 
strategies for reaching and supporting as many SEAs, REAs, LEAs, and 
schools in need of services as possible.

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)).

Proposed Requirements

    The Assistant Secretary proposes 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. See Proposed Definitions for 
all definitions proposed to be used in these requirements.
    Background: The Comprehensive Centers will provide capacity-
building services at a time when States, districts, and schools are 
moving forward with implementing approved ESEA Consolidated State Plans 
and have greater flexibility in supporting and growing local 
innovations, including evidence-based interventions. In this period of 
transition, Centers must be responsive to State contexts (e.g., 
strengths, needs, priorities, and initiatives), knowledgeable of 
existing State strengths and resources (e.g., business and industry 
partners), and able to promote self-sufficiency and sustainability.
    The Department believes leadership support throughout the SEA is 
critical to ensuring that Centers provide services that advance State-
led efforts to implement and scale-up evidence-based programs, 
practices, and interventions. When proposing annual service plans to 
the Department, we propose to require Regional Centers to demonstrate 
that they consulted with and garnered commitment from Chief State 
School Officers (CSSOs) or their designees

[[Page 49034]]

(clients) prior to carrying out capacity-building services. We also 
propose to require Centers to identify recipients of capacity-building 
services, such as SEAs, REAs, LEAs, and school teams, in consultation 
with the CSSO.
    In addition to maintaining strong relationships with SEA 
leadership, under the proposed requirements, Centers must conduct 
routine exploration of client and recipient needs. This exploration 
process must utilize multiple perspectives from the Center, State 
clients and recipients, and multiple data sources, such as key Federal 
and State documents. The Department believes that frequent 
communication with State clients and recipients is necessary for 
Centers to identify high-leverage problems; assemble and deploy 
interdisciplinary teams with appropriate subject-matter expertise; 
meaningfully collaborate with Department-funded technical assistance 
providers carrying out projects in States; serve as credible partners 
to national organizations, businesses, and industry; periodically 
assess client satisfaction; and monitor progress on agreed-upon 
outcomes, outputs, and milestones. To that end, Centers are encouraged 
to develop cost-effective strategies for continuous and timely input 
from their full range of clients on both State and local needs and the 
quality of services provided.
    In order for Regional Centers and the National Center to be 
credible partners and valued service providers to States, we believe 
that each Center must implement a robust personnel management system 
that enables timely access to nationally recognized experts in the 
content areas (e.g., improving accountability systems, improving 
standards and assessments, and improving educator talent) identified 
through routine needs assessments, as well as enduring access to 
professional staff (e.g., staff with expertise in organizational 
development, project management, coaching, communications and outreach, 
and program evaluation).

    Note: The details and parameters of the Department's 
expectations and involvement will be included in the cooperative 
agreement with each grantee.

    (a) Program Requirements for Regional Centers:
    (1) Develop a service plan annually in consultation with each 
State's CSSO that includes the following elements: High-leverage 
problems to be addressed, phase of implementation (e.g., needs 
assessment), capacity-building services to be delivered, key personnel 
responsible, key Department-funded technical assistance partners, 
milestones, outputs, outcomes, and, if appropriate, fidelity measures. 
The annual service plan must be an update to the Center's five-year 
plan submitted as part of the Center's application. The annual service 
plan elements must also correspond to the relevant sections of the 
program logic model.
    (2) Develop and implement an effective personnel management system 
that enables the Center to efficiently obtain and retain the services 
of nationally recognized content experts and other consultants with 
direct experience working with SEAs, REAs, and LEAs. Personnel must 
demonstrate that they have the appropriate expertise to deliver 
quality, intensive services that meet client and recipient needs 
similar to those in the region to be served.
    (3) Develop and implement an effective communications system that 
enables routine and ongoing exploration of client and recipient needs 
as well as feedback on services provided. The system must enable 
routine monitoring of progress toward agreed-upon outcomes, outputs, 
and milestones; periodic assessment of client satisfaction; and timely 
identification of changes in State contexts that may impact success of 
the project. The communications system must include processes for 
outreach activities (e.g., regular promotion of services and products 
to clients and potential and current recipients, particularly at the 
local level), regular engagement and coordination with the National 
Center and partner organizations (e.g., other federally funded 
technical assistance providers), use of feedback loops across 
organizational levels (Federal, State, and local), and regular 
engagement of stakeholders involved in or impacted by proposed 
services.
    (4) Collaborate with the National Center to support client and 
recipient participation in learning opportunities (e.g., multi-State 
and cross-regional peer-to-peer exchanges on high-leverage problems) 
and support participation of Regional Center staff in learning 
opportunities (e.g., peer-to-peer exchanges on effective coaching 
systems), with the goal of reaching as many REAs, LEAs, and schools in 
need of services as possible while also providing high-quality 
services.
    (5) Identify and enter into partnership agreements with regional 
educational laboratories, national organizations, businesses, and 
industry for the purpose of supporting States in the implementation and 
scale-up of evidence-based programs, practices, and interventions as 
well as reducing duplication of services to States.
    (6) Be located in the region the Center serves. The Project 
Director must be full-time (1.0) and located in the region that the 
Center serves. Key personnel must also be able to provide onsite 
services at the intensity, duration, and modality appropriate to 
achieving agreed-upon milestones, outputs, and outcomes described in 
State service plans.
    (7) Within 90 days of receiving funding for an award under this 
document, demonstrate that it has secured client and partner 
commitments to carry out proposed service plans.
    (b) Program Requirements for the National Center:
    (1) Develop a service plan annually in consultation with the 
Department and Regional Centers. The service plan must take into 
account commonalities in identified high-leverage problems in Regional 
Center State service plans, finalized Department monitoring and audit 
findings, implementation challenges faced by Regional Centers and 
States, and emerging national education trends. The annual service plan 
must be an update to the Center's five-year plan submitted as part of 
the Center's application. The annual service plan must include, at a 
minimum, the following elements: High-leverage problems to be 
addressed, capacity-building services to be delivered, key personnel 
responsible, milestones, outputs, and outcome measures. The annual 
service plan must also include evidence that the Center involved 
Regional Centers in identifying targeted and universal services that 
complement Regional Center services to improve client and recipient 
capacity.
    (2) Maintain the Comprehensive Center network website, with an 
easy-to-navigate design, that meets government or industry-recognized 
standards for accessibility.
    (3) Develop and implement an effective personnel management system 
that enables the Center to retain and efficiently obtain the services 
of education practitioners, researchers, policy professionals, and 
other consultants with direct experience with SEAs, REAs, and LEAs. 
Personnel must have a proven record of publishing in peer-reviewed 
journals, presenting at national conferences, or delivering quality 
adult learning experiences that meet client and recipient needs.
    (4) Disseminate information (e.g., instructional videos, toolkits, 
and briefs) and evidence-based practices to a variety of education 
stakeholders, including the general public, via multiple mechanisms 
such as the Comprehensive Center network website,

[[Page 49035]]

social media, and other channels as appropriate.
    (5) Disseminate Regional Center State service plans, Center annual 
performance reports, and other materials through the Comprehensive 
Center network website and other channels as appropriate.
    (6) Collaborate with Regional Centers to implement learning 
opportunities for recipients (e.g., multi-State and cross-regional 
peer-to-peer exchanges on high-leverage problems) and develop learning 
opportunities for Regional Center staff to address implementation 
challenges (e.g., peer-to-peer exchanges on effective coaching systems 
for district teams).
    (7) Develop and implement an effective communications system that 
enables routine and ongoing exploration of Regional Center client and 
recipient needs. The system must enable routine monitoring of progress 
toward agreed-upon outcomes, outputs, and milestones; periodic 
assessment of client satisfaction; and timely identification of changes 
in Federal or State contexts that may impact success of the project. 
The communications system must include processes for outreach 
activities (e.g., regular promotion of services and products to clients 
and potential and current recipients), use of feedback loops across 
organizational levels (Federal, State, and local), regular engagement 
and coordination with the Department, Regional Centers, and partner 
organizations (e.g., federally funded technical assistance providers), 
and engagement of stakeholders involved in or impacted by proposed 
school improvement activities.
    (8) Identify potential partners and enter into partnership 
agreements with other federally funded technical assistance providers, 
industry, national associations, and other organizations to support the 
implementation and scaling-up of evidence-based programs, practices, 
and interventions.
    (9) Identify a full-time (1.0 FTE) project director capable of 
managing all aspects of the Center.
    (10) Within 90 days of receiving funding for an award under this 
document, demonstrate that it has secured client and partner 
commitments to carry out proposed service plans.
    (c) Application Requirements for All Centers:
    (1) Present applicable State, regional, and local data 
demonstrating the current needs related to building capacity to 
implement and scale up evidence-based programs, practices, and 
interventions. Reference, as appropriate, information related to the 
Department's finalized monitoring and audit findings.
    (2) Demonstrate expert knowledge of statutory requirements, 
regulations, and policies related to programs authorized under ESEA and 
current education issues and policy initiatives for supporting the 
implementation and scaling up of evidence-based programs, practices, 
and interventions.
    (3) Consistent with the priorities and requirements for this 
program, demonstrate expertise and experience in the following areas:
    (i) Managing budgets; selecting, coordinating, and overseeing 
multiple consultant and sub-contractor teams; and leading large-scale 
projects to deliver tools, training, and other services to governments, 
agencies, communities, businesses, schools, or other organizations.
    (ii) Designing and implementing performance management processes 
with staff, subcontractors, and consultants that enable effective 
hiring, developing, supervising, and retaining a team of subject-matter 
experts and professional staff.
    (iii) Identifying problems and conducting root-cause analysis; 
developing and implementing logic models, organizational assessments, 
strategic plans, and process improvements; and sustaining the use of 
evidence-based programs, practices, and interventions.
    (iv) Monitoring and evaluating activities, including, but not 
limited to: Compiling data, conducting interviews, developing tools to 
enhance capacity-building approaches, conducting data analysis using 
statistical software, interpreting results from data using widely 
acceptable quantitative and qualitative methods, and developing 
evaluation reports.
    (3) Provide copies of memoranda of understanding (MOU) with 
Department-funded technical assistance providers, including the REL(s) 
in the region that the Center serves, that are charged with supporting 
comprehensive, systemic changes in States or Department-funded 
technical assistance providers with particular expertise (e.g., early 
learning) that can augment the applicant's ability to align 
complementary work and jointly develop and implement products and 
services to meet the purposes of the Centers.
    (4) Describe the current research on adult learning principles, 
coaching, and implementation science that will inform the applicant's 
capacity-building services, including how the applicant will promote 
self-sufficiency and sustainability of State-led school improvement 
activities.
    (5) Present a proposed communications plan for working with 
appropriate levels of the education system (e.g., SEAs, REAs, LEAs, 
schools) to ensure there is communication between each level and that 
there are processes in place to support, and continuously assess, the 
implementation of evidence-based programs, practices, and 
interventions. The applicant must describe how it will engage in 
meaningful consultation with a broad range of stakeholders (e.g., 
principals, teachers, families, community members, etc.). The ideal 
applicant will propose effective strategies for receiving ongoing and 
timely input on the needs of its clients and the usefulness of its 
services.
    (6) Present a proposed evaluation plan for the project. The 
evaluation plan must describe the criteria for determining the extent 
to which: Milestones were met; outputs were met; recipient outcomes 
(short-term, mid-term, and long-term) were met; and capacity-building 
services proposed in State service plans were implemented as intended.
    (7) Present a logic model informed by research or evaluation 
findings that demonstrates a rationale (as defined in 34 CFR 77.1) 
explaining how the project is likely to improve or achieve relevant and 
expected outcomes. This logic model must align with the Comprehensive 
Centers program logic model, communicate how the project will achieve 
its expected outcomes (short-term, mid-term, and long-term) and provide 
a framework for both the formative and summative evaluations of the 
project consistent with the applicant's evaluation plan.\7\ Include a 
description of underlying concepts, assumptions, expectations, beliefs, 
and theories, as well as the relationships and linkages among these 
variables, and any empirical support for this framework.
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    \7\ See Figure 1--Comprehensive Centers program logic model (as 
defined in 34 CFR 77.1) in this document.
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    (8) Include an assurance that, if awarded a grant, the applicant 
will assist the Department with the transfer of pertinent resources and 
products and maintain the continuity of services to States during the 
transition to this new award period, as appropriate, including by 
working with the FY 2012 Comprehensive Center on Building State 
Capacity and Productivity to migrate products, resources, and other 
relevant project information to the National Center's Comprehensive 
Center network website.
    (d) Application Requirements for Regional Centers: In addition to 
meeting the application requirements for all

[[Page 49036]]

Centers in paragraph (c) a Regional Center applicant must--
    (1) Describe the proposed approach to intensive capacity-building 
services, including identification of intended recipients and alignment 
of proposed capacity-building services to meet client needs. The 
applicant must also describe how it intends to measure the readiness of 
clients and recipients to work with the applicant; measure client and 
recipient capacity across the four capacity-building dimensions, 
including available resources; and measure the ability of the client 
and recipients to build capacity at the local level.
    (e) Application Requirements for the National Center: In addition 
to meeting the application requirements for all Centers in paragraph 
(c), a National Center applicant must:
    (1) Demonstrate expertise and experience in leading digital 
engagement strategies to attract and sustain involvement of education 
stakeholders, including, but not limited to: Implementing a robust web 
and social media presence, overseeing customer relations management, 
providing editorial support, and collecting and analyzing web 
analytics.
    (2) Describe the intended recipients of and the proposed approach 
to targeted capacity-building services, including how the applicant 
intends to collaborate with Regional Centers to identify potential 
recipients and how many it has the capacity to reach; measure the 
readiness and capacity of potential recipients across the four 
dimensions; and continuously engage potential recipients over the five-
year period.
    (3) Describe the intended recipients of and the proposed approach 
to universal capacity-building services, including how the applicant 
intends to: Measure the quality of the products and services developed 
to address common high-leverage problems; how many recipients it plans 
to reach; support recipients in the selection, implementation, and 
monitoring of evidence-based practices and interventions; and improve 
knowledge of emerging national education trends.

Proposed Definitions

    Background: The Department proposes the establishment of the 
following definitions for the Comprehensive Centers program. The 
proposed definitions are intended to (1) clarify expectations for 
Centers and (2) uniformly apply and utilize terms and definitions from 
the Department and other federally funded technical assistance Centers.
    Proposed Definitions: The Assistant Secretary proposes 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. The 
proposed definitions are:
    Capacity-building services means assistance that strengthens an 
individual's or organization's ability to engage in continuous 
improvement and achieve expected outcomes.
    The four dimensions of capacity-building services are:
    (1) Human capacity: Development or improvement of individual 
knowledge, skills, technical expertise, and ability to adapt and be 
resilient to policy and leadership changes.
    (2) Organizational capacity: Structures that support clear 
communication and a shared understanding of an organization's visions 
and goals, and delineated individual roles and responsibilities in 
functional areas.
    (3) Policy capacity: Structures that support alignment, 
differentiation, or enactment of local, State, and Federal policies and 
initiatives.
    (4) Resource capacity: Tangible materials and assets that support 
alignment and use of Federal, State, private, and local funds.
    The three tiers of capacity-building services are:
    (1) Intensive: Assistance often provided on-site and requiring a 
stable, ongoing relationship between the Regional Center staff and 
their clients and recipients, as well as periodic evaluations and 
feedback strategies. This category of capacity-building services should 
support increased recipient capacity in more than one capacity 
dimension and improved outcomes at one or more system levels.
    (2) Targeted: Assistance based on needs common to multiple clients 
and recipients and not extensively individualized. A relationship is 
established between the recipient(s), Regional Center(s), and the 
National Center. This category of capacity-building services includes 
one-time, labor-intensive events, such as facilitating strategic 
planning or hosting national or regional conferences. It can also 
include less labor-intensive events that extend over a period of time, 
such as facilitating a series of conference calls on single or multiple 
topics that are designed around the needs of the recipients. 
Facilitating communities of practice can also be considered targeted 
capacity-building services.
    (3) Universal capacity-building services: Assistance and 
information provided to independent users through their own initiative, 
involving minimal interaction with National Center staff and including 
one-time, invited or offered conference presentations by National 
Center staff. This category of capacity-building services also includes 
information or products, such as newsletters, guidebooks, policy 
briefs, or research syntheses, downloaded from the Center's website by 
independent users. Brief communications by National Center staff with 
recipients, either by telephone or email, are also considered universal 
services.
    High-leverage problems means problems that (1) if addressed could 
result in substantial improvements for many students or for key 
subgroups of students as defined in ESEA section 1111(c) and (d); (2) 
are priorities for education policymakers, particularly at the State 
level; and (3) require intensive capacity-building services to achieve 
outcomes that address the problem.
    Milestone means an activity that must be completed. Examples 
include: Identification of key district administrators responsible for 
professional development, sharing key observations from needs 
assessment with district administrators and identified stakeholders, 
logic model, plan for State-wide professional development, 
identification of subject matter experts, and conducting train-the-
trainer sessions.
    Outcomes means effects of receiving capacity-building services. 
Examples include: 95 percent of district administrators reported 
increased knowledge; 2 districts reported improved cross-agency 
coordination; and 3 districts reported identification of 2.0 FTE 
responsible for professional development.
    Outputs means products and services that must be completed. 
Examples include: Needs assessment, logic model, training modules, 
evaluation plan, and 12 workshop presentations.

    Note: A product output under this program would be considered a 
deliverable under the open licensing regulations at 2 CFR 3474.20.

    Regional educational agency, for the purposes of the Comprehensive 
Centers program, means ``Tribal Educational Agency'' as defined in ESEA 
section 6132(b)(3), as well as other educational agencies that serve 
regional areas.
    Service plan project means a series of interconnected capacity-
building services designed to achieve recipient outcomes and outputs. A 
service plan project includes, but is not limited to, a well-defined 
high-leverage problem, an approach to capacity-building services, 
intended recipients, key personnel, expected outcomes, expected 
outputs, and milestones.

Proposed Performance Measures

    Background: While we are not required to seek comment on the

[[Page 49037]]

Department's Government Performance and Results Act of 1993 (GPRA) 
performance measures, the Department believes the development of 
effective performance measures can benefit from public input and 
invites public comment to help inform the final performance measures 
for the Comprehensive Centers program. Although the Department will 
consider the public comments, the Department is not limited by the 
terms of the proposed performance measures or public comment on those 
measures in establishing final performance measures. The Department 
recognizes that the Centers strive to provide useful, high-quality 
services, while also attempting to reach as many recipients in need of 
support as possible. We are particularly interested in receiving input 
on measures that address usefulness to the recipients and the reach and 
scope of the services provided.
    The proposed performance measures are intended to assess the extent 
to which Comprehensive Centers: (1) Achieved high client \8\ 
satisfaction; (2) served a wide range of recipients; \9\ (3) 
implemented capacity-building activities with fidelity; and (4) 
achieved recipient outcomes.
---------------------------------------------------------------------------

    \8\ Client means Chief State School Officers or designees.
    \9\ Recipients means those eligible for Comprehensive Center 
services.
---------------------------------------------------------------------------

Proposed Performance Measures

    Measure 1: The extent to which Comprehensive Center clients are 
satisfied with the quality, usefulness, and relevance of services 
provided.
    Measure 2: The extent to which Comprehensive Centers provide 
services and products to a wide range of recipients.
    Measure 3: The extent to which Comprehensive Centers demonstrate 
that capacity-building services were implemented as intended.
    Measure 4: The extent to which Comprehensive Centers demonstrate 
recipient outcomes were met.
    Comprehensive Centers Program Logic Model: Figure 1 is a diagram of 
the FY 2019 Comprehensive Centers program logic model. A logic model 
refers to a framework that identifies key project components, inputs, 
processes, outputs, and short-, mid-, and long-term outcomes and 
impacts and describes the theoretical and operational relationships 
among the key project components and relevant outcomes. The 
Comprehensive Centers program logic model inputs include but are not 
limited to SEA and LEA staff, implementation and organizational 
expertise, content area expertise, and Federal funding, staff, and 
regulations. Processes include capacity-building services that help 
recipients to develop needs assessments and logic models, select 
evidence-based practices, and planning for and assisting in the 
implementation of evidence-based practices. Outputs include products, 
data, and information to assist in the implementation and evaluation of 
evidence-based practices, such as needs assessments and logic models. 
Short-term outcomes include increased individual and organizational 
capacity in four dimensions: Human, organizational, policy, and 
resource. Mid-term outcomes include improving SEA and LEA capacity to 
plan, implement, and evaluate school improvement programs in order to 
improve policies, practices, and systems to implement and evaluate 
school improvement programs. Long-term outcomes include improved 
educational opportunities and academic outcomes for disadvantaged and 
low-income students.
BILLING CODE 4000-01-P

[[Page 49038]]

[GRAPHIC] [TIFF OMITTED] TP28SE18.002


[[Page 49039]]


BILLING CODE 4000-01-C

Final Priorities, Requirements, Definitions, and Performance Measures

    We will announce the final priorities, requirements, definitions, 
and performance measures in a notice in the Federal Register. We will 
determine the final priorities, requirements, definitions, and 
performance measures after considering responses to the proposed 
priorities, requirements, definitions, and performance measures and 
other information available to the Department. We are not precluded 
from proposing additional priorities, requirements, definitions, 
performance measures, or selection criteria, subject to meeting 
applicable rulemaking requirements.

    Note: This document does not solicit applications. In any year 
in which we choose to use one or more of these proposed priorities, 
requirements, definitions, and performance measures we invite 
applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 13771: 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 proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    Under Executive Order 13771, for each new rule that the Department 
proposes for notice and comment or otherwise promulgates that is a 
significant regulatory action under Executive Order 12866, and that 
imposes total costs greater than zero, it must identify two 
deregulatory actions. For Fiscal Year 2018, any new incremental costs 
associated with a new regulation must be fully offset by the 
elimination of existing costs through deregulatory actions. Because the 
proposed regulatory action is not significant, the requirements of 
Executive Order 13771 do not apply.
    We have also reviewed this proposed 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 proposed priorities, requirements, 
definitions, and performance measures 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 would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs associated 
with this regulatory action are those resulting from regulatory 
requirements and those we have determined are necessary for 
administering the Department's programs and activities.
    Summary of Costs and Benefits: The Department believes that the 
proposed priorities, requirements, definitions, and performance 
measures would not impose significant costs on eligible research 
organizations, institutions, agencies, institutions of higher 
education, or partnerships among such entities, or individuals that 
would receive assistance through the Comprehensive Centers program. We 
also believe that the benefits of implementing the proposed priorities, 
requirements, definitions, and performance measures justify any 
associated costs.
    The Department believes that the proposed priorities, requirements, 
definitions, and performance measures would result in the selection of 
high-quality applications to establish Centers that are most likely to 
build the capacity of SEAs in order to improve educational outcomes for 
all students. Through the proposed priorities, requirements, 
definitions, and performance measures, we seek to provide clarity as to 
the scope of activities we expect to support with program funds. A 
potential applicant would need to consider carefully its capacity to 
implement a project successfully.
    The Department further believes that the costs imposed on an 
applicant by the proposed priorities, requirements, definitions, and 
performance measures would be largely limited to paperwork burden 
related to preparing an application and that the benefits of preparing 
an application and receiving an award would justify any costs incurred 
by the applicant. This is because, during the project period, the costs 
of actually establishing a Center and carrying out activities under a 
Comprehensive Centers program grant would be paid for with program 
funds and any matching funds. Thus, the costs of establishing a 
Comprehensive Center using these proposed priorities,

[[Page 49040]]

requirements, definitions, and performance measures would not be a 
significant burden for any eligible applicant, including a small 
entity.
    Elsewhere in this section under Paperwork Reduction Act of 1995, we 
identify and explain burdens specifically associated with information 
collection requirements.
    Paperwork Reduction Act of 1995 (PRA): These proposed priorities, 
requirements, definitions, and performance measures do not contain any 
information collection requirements.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities. The U.S. 
Small Business Administration Size Standards define ``small entities'' 
as for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this proposed regulatory action could 
affect are eligible research organizations, agencies, institutions of 
higher education, or partnerships among such entities, or individuals. 
The Secretary believes that the costs imposed on an applicant by the 
proposed priorities, requirements, definitions, and performance 
measures would be limited to paperwork burden related to preparing an 
application and that the benefits of implementing these proposals would 
outweigh any costs incurred by the applicant.
    Participation in the Comprehensive Centers program is voluntary. 
For this reason, the proposed priorities, requirements, definitions, 
and performance measures would impose no burden on small entities 
unless they applied for funding under the Comprehensive Centers program 
using the proposed priorities, requirements, definitions, and 
performance measures. We expect that in determining whether to apply 
for Comprehensive Center funds, an eligible entity would evaluate the 
requirements of preparing an application and implementing a 
Comprehensive Center, and any associated costs, and weigh them against 
the benefits likely to be achieved by implementing a Center. An 
eligible entity would probably apply only if it determines that the 
likely benefits exceed the costs of preparing an application and 
implementing a project. The likely benefits of applying for a 
Comprehensive Centers program grant include the potential receipt of a 
grant as well as other benefits that may accrue to an entity through 
its development of an application, such as the use of such application 
to create partnerships with other entities in order to assist SEAs.
    The Secretary believes that the proposed priorities, requirements, 
definitions, and performance measures would not impose any additional 
burden on a small entity applying for a grant than the entity would 
face in the absence of the proposed action. That is, the length of the 
applications those entities would submit in the absence of the proposed 
regulatory action and the time needed to prepare an application would 
likely be the same.
    Further, this proposed regulatory action could help a small entity 
determine whether it has the interest, need, or capacity to implement 
activities under the program and, thus, prevent a small entity that 
does not have such an interest, need, or capacity from absorbing the 
burden of applying.
    This proposed regulatory action would not have a significant 
economic impact on a small entity once it receives a grant because it 
would be able to meet the costs of compliance using the funds provided 
under this program. The Secretary invites comments from small eligible 
entities as to whether they believe this proposed regulatory action 
would have a significant economic impact on them and, if so, requests 
evidence to support that belief.
    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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 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.

    Dated: September 24, 2018.
Frank Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2018-21089 Filed 9-27-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                                           Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                                            49031

                                                                 Event name (typically)                                       Event location                           Date of event                    Latitude     Longitude

                                                Bald Eagle Days ...............................................     Cathlamet, WA .....................       One day in July ....................   46°12′14″ N   123°23′17″ W
                                                Independence Day at the Fort Vancouver .......                      Vancouver, WA .....................       One Day in July ....................   45°36′57″ N   122°40′09″ W
                                                Oregon Symphony Concert Fireworks .............                     Portland, OR .........................    One day in August or Sep-              45°30′42″ N   122°40′14″ W
                                                                                                                                                               tember.
                                                Astoria Regatta .................................................   Astoria, OR ...........................   One day in August ................     46°11′34″ N   123°49′28″ W
                                                Leukemia and ...................................................    Portland, OR .........................    One day in October ..............      45°30′23″ N   122°40′4″ W
                                                Lymphoma Light the Night Fireworks ...............
                                                Veterans Day Celebration ................................           The Dalles, OR .....................      One day in November ..........         45°36′18″ N   121°10′34″ W



                                                *       *        *        *        *                                duplicate copies, please submit your                           proposed priorities, requirements,
                                                  Dated: September 24, 2018.                                        comments only once. In addition, please                        definitions, and performance measures.
                                                                                                                    include the Docket ID at the top of your                         We invite you to assist us in
                                                J.C. Smith,
                                                                                                                    comments.                                                      complying with the specific
                                                Captain, U.S. Coast Guard, Captain of the
                                                Port Columbia River.                                                   • Federal eRulemaking Portal: Go to                         requirements of Executive Orders
                                                                                                                    www.regulations.gov to submit your                             12866, 13563, and 13771 and their
                                                [FR Doc. 2018–21186 Filed 9–27–18; 8:45 am]
                                                                                                                    comments electronically. Information                           overall requirement of reducing
                                                BILLING CODE 9110–04–P                                                                                                             regulatory burden that might result from
                                                                                                                    on using Regulations.gov, including
                                                                                                                    instructions for accessing agency                              these proposed priorities, requirements,
                                                                                                                    documents, submitting comments, and                            definitions, and performance measures.
                                                DEPARTMENT OF EDUCATION                                             viewing the docket, is available on the                        Please let us know of any further ways
                                                                                                                    site under ‘‘How to Use                                        we could reduce potential costs or
                                                34 CFR Chapter II                                                                                                                  increase potential benefits while
                                                                                                                    Regulations.gov.’’
                                                [Docket ID ED–2018–OESE–0069]                                          • Postal Mail, Commercial Delivery,                         preserving the effective and efficient
                                                                                                                    or Hand Delivery: If you mail or deliver                       administration of the program.
                                                Proposed Priorities, Requirements,                                  your comments about this notice of                               During and after the comment period,
                                                Definitions, and Performance                                        proposed priorities, requirements,                             you may inspect all public comments
                                                Measures—Comprehensive Centers                                      definitions, and performance measures,                         about these proposed priorities,
                                                Program Catalog of Federal Domestic                                 address them to Kim Okahara, U.S.                              requirements, definitions, and
                                                Assistance (CFDA) Number: 84.283B                                   Department of Education, 400 Maryland                          performance measures by accessing
                                                                                                                    Avenue SW, Room 3E204, Washington,                             Regulations.gov. You may also inspect
                                                AGENCY:  Office of Elementary and                                                                                                  the comments in person in Room 3E204,
                                                Secondary Education, Department of                                  DC 20202–6132.
                                                                                                                                                                                   400 Maryland Avenue SW, Washington,
                                                Education.                                                            Privacy Note: The Department’s policy is                     DC, between 8:30 a.m. and 4:00 p.m.,
                                                ACTION: Proposed priorities.                                        to make all comments received from                             Eastern Time, Monday through Friday
                                                                                                                    members of the public available for public
                                                                                                                    viewing in their entirety on the Federal
                                                                                                                                                                                   of each week except Federal holidays.
                                                SUMMARY:    The Assistant Secretary for                                                                                            Please contact the person listed under
                                                Elementary and Secondary Education                                  eRulemaking Portal at www.regulations.gov.
                                                                                                                    Therefore, commenters should be careful to                     FOR FURTHER INFORMATION CONTACT.
                                                (Assistant Secretary), U.S. Department                                                                                               Assistance to Individuals with
                                                                                                                    include in their comments only information
                                                of Education (Department) proposes                                  that they wish to make publicly available.                     Disabilities in Reviewing the
                                                priorities, requirements, definitions, and                                                                                         Rulemaking Record: On request, we will
                                                performance measures under the                                      FOR FURTHER INFORMATION CONTACT:     Kim                       provide an appropriate accommodation
                                                Comprehensive Centers program. The                                  Okahara, U.S. Department of Education,                         or auxiliary aid to an individual with a
                                                Assistant Secretary may use these                                   400 Maryland Avenue SW, Room                                   disability who needs assistance to
                                                priorities, requirements, definitions, and                          3E204, Washington, DC 20202–6135.                              review the comments or other
                                                performance measures for competitions                               Telephone: (202) 453–6930. Email:                              documents in the public rulemaking
                                                in fiscal year (FY) 2019 and later years.                           kim.okahara@ed.gov.                                            record for these proposed priorities,
                                                We intend to use the priorities,                                       If you use a telecommunications                             requirements, definitions, and
                                                requirements, and definitions to award                              device for the deaf (TDD) or a text                            performance measures. If you want to
                                                grants to eligible applicants seeking to                            telephone (TTY), call the Federal Relay                        schedule an appointment for this type of
                                                provide capacity-building services to                               Service (FRS), toll free, at 1–800–877–                        accommodation or auxiliary aid, please
                                                State educational agencies (SEAs),                                  8339.                                                          contact the person listed under FOR
                                                regional educational agencies (REAs),                               SUPPLEMENTARY INFORMATION:                                     FURTHER INFORMATION CONTACT.
                                                local educational agencies (LEAs), and                                Invitation to Comment: We invite you                           Purpose of Program: The
                                                schools that improve educational                                    to submit comments regarding the                               Comprehensive Centers program
                                                outcomes for all students, close                                    proposed priorities, requirements,                             supports the establishment of not less
                                                achievement gaps, and improve the                                   definitions, and performance measures.                         than 20 Comprehensive Centers to
                                                quality of instruction.                                             To ensure that your comments have                              provide capacity-building services to
                                                DATES: We must receive your comments                                maximum effect in developing the final                         SEAs, REAs, LEAs, and schools that
amozie on DSK3GDR082PROD with PROPOSALS1




                                                on or before October 29, 2018.                                      priorities, requirements, definitions, and                     improve educational outcomes for all
                                                ADDRESSES: Submit your comments                                     performance measures, we urge you to                           students, close achievement gaps, and
                                                through the Federal eRulemaking Portal                              identify clearly the specific section or                       improve the quality of instruction.
                                                or via postal mail, commercial delivery,                            sections of the proposed priorities,                             Program Authority: Section 203 of the
                                                or hand delivery. We will not accept                                requirements, definitions, and                                 Educational Technical Assistance Act of
                                                comments submitted by fax or by email                               performance measures that each of your                         2002 (ETAA) (20 U.S.C. 9601 et seq.).
                                                or those submitted after the comment                                comments addresses and to arrange your                           Background: The Elementary and
                                                period. To ensure that we do not receive                            comments in the same order as the                              Secondary Education Act of 1965


                                           VerDate Sep<11>2014       17:53 Sep 27, 2018      Jkt 244001     PO 00000      Frm 00042     Fmt 4702     Sfmt 4702    E:\FR\FM\28SEP1.SGM       28SEP1


                                                49032                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                (ESEA), as amended by the Every                         training modules, and they provided                   schools.4 Education stakeholders noted
                                                Student Succeeds Act (ESSA),1 holds                     direct technical assistance to States in              that identified needs were not mutually
                                                States accountable for closing                          collaboration with Regional Centers.2                 exclusive and there is considerable
                                                achievement gaps and ensuring that all                     On March 13, 2017, the Department                  overlap between implementing the
                                                children, regardless of race, ethnicity,                granted waivers to extend the                         ESEA, ensuring equity, equitable
                                                family income, English language                         performance period of the                             distribution of highly effective teachers
                                                proficiency, or disability, receive a high-             Comprehensive Centers from October 1,                 and leaders, and improving assessments
                                                quality education and meet challenging                  2017, through September 30, 2019 (82                  and accountability systems.5 Key
                                                State academic standards.                                                                                     recommendations for services to meet
                                                                                                        FR 13452). The Department concluded
                                                   The ETAA authorizes support for not                                                                        those needs included: Engage
                                                less than 20 grants to local entities, or               it would be in the public interest to hold
                                                                                                        a competition only after all new                      stakeholders from different groups in
                                                consortia of such entities, with                                                                              the SEAs’ decision-making processes;
                                                demonstrated expertise in providing                     statutory requirements under the
                                                                                                        reauthorized ESEA went into effect.                   facilitate cross-group collaboration to
                                                capacity-building services in reading,                                                                        strengthen partnerships; create or
                                                mathematics, science, and technology,                   Delaying the competition until after the
                                                                                                        Department and States began to                        compile resources, tools, and best
                                                especially to low-performing schools                                                                          practice guides that incorporate specific
                                                and districts, including the                            implement the new provisions under
                                                                                                        the ESEA allowed applicants to                        contexts (e.g., rural populations or
                                                administration and implementation of                                                                          particular subgroups); disseminate
                                                programs authorized under the ESEA.                     familiarize themselves with the new
                                                                                                        statutory requirements and submit                     evidence-based (as defined in 34 CFR
                                                Under section 203(a)(2) of the ETAA,                                                                          77.1) research and guides; develop or
                                                the Department is required to establish                 applications that better serve States
                                                                                                        under the new law.                                    identify training and professional
                                                at least one Center in each of the 10                                                                         development; and promote community
                                                geographic regions served by the                           Additionally, pursuant to authority                and stakeholder engagement.6
                                                Department’s Regional Educational                       granted to the Secretary in Title III of
                                                Laboratories (RELs) authorized under                                                                             Consistent with the RAC findings and
                                                                                                        Division H of the Consolidated
                                                section 941(h) of the Educational                                                                             recommendations and the requirements
                                                                                                        Appropriations Act, 2016 (Pub. L. 114–
                                                Research, Development, Dissemination,                                                                         of both the ESEA and the ETAA, the
                                                                                                        113), and subsequent Consolidated
                                                and Improvement Act of 1994. The                                                                              Department believes that the best way to
                                                                                                        Appropriations Acts, Comprehensive
                                                proposed funding for Regional Centers                                                                         assist State-led reform efforts is to focus
                                                                                                        Center services may be provided to the
                                                established under the ETAA must take                                                                          Comprehensive Centers on
                                                                                                        Bureau of Indian Education (BIE) and
                                                into consideration the school-age                                                                             implementing and scaling evidence-
                                                                                                        schools within its jurisdiction.
                                                population, proportion of economically                                                                        based programs, practices, and
                                                disadvantaged students, increased cost                  Proposed Priorities                                   interventions that directly benefit those
                                                burdens of service delivery in rural                                                                          eligible to receive Comprehensive
                                                                                                          We propose two priorities. The                      Center services (recipients): (1)
                                                areas, and number of schools identified                 Assistant Secretary may use one or more
                                                for improvement under ESEA section                                                                            Recipients that have high percentages or
                                                                                                        of these priorities for the FY 2019                   numbers of students from low-income
                                                1111(d). Accordingly, the regions for the               Comprehensive Centers program
                                                proposed Regional Centers take into                                                                           families; (2) recipients that are
                                                                                                        competition or for any subsequent                     implementing comprehensive support
                                                account total SEAs, LEAs, REAs, SEAs,                   competition.
                                                and LEAs eligible for the Small, Rural                                                                        and improvement activities or targeted
                                                School Achievement Program and the                        Background: In accordance with                      support and improvement activities;
                                                Rural Low-Income School Program,                        ETAA section 206, the Secretary                       and (3) recipients in rural areas.
                                                schools, and the associated RELs.                       established 10 Regional Advisory                         In order for States to effectively
                                                   The Department conducted a                           Committees (RACs) to identify each                    implement and scale-up evidence-based
                                                competition in 2012 and made five-year                  region’s most critical educational needs              programs, practices, and interventions,
                                                awards to 15 Regional Centers and                       and develop recommendations for                       we propose that Regional Centers
                                                seven Content Centers. The 15 Regional                  technical assistance to meet those                    deliver intensive services to help their
                                                Centers provided direct technical                       needs. The RACs met and engaged their                 assigned States advance through the
                                                assistance to SEAs within their assigned                respective constituencies between July                following phases of implementation:
                                                geographic region through a variety of                  19, 2016, and August 26, 2016. Final                  Conducting needs assessments,
                                                approaches, such as identifying best                    RAC reports were published in October                 developing logic models, selecting
                                                practices and resources, providing                      2016.3                                                appropriate evidence-based practices,
                                                training, and helping States plan                         While specific needs and                            planning for the implementation of
                                                strategically and engage key                            recommendations varied by region, the                 evidence-based practices, implementing
                                                stakeholders. In addition, seven Content                three highest needs identified across all             evidence-based practices, and
                                                Centers provided specialized support in                 10 RACs were: College and career                      evaluating the implementation of
                                                the following key areas: Standards and                  readiness; ensuring equity and                        evidence-based practices. We also
                                                assessments implementation, great                       addressing issues of disproportionality;              propose that the National Center deliver
                                                teachers and leaders, school turnaround,                and supporting the lowest performing                  universal services to help all States
                                                enhancing early learning outcomes,                                                                            address common high-leverage
                                                college- and career-readiness and                                                                             problems, common implementation
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                                                                                                          2 In 2016, the Department established a National

                                                success, building State capacity and                    Comprehensive Center on Improving Literacy for        challenges, and emerging education
                                                productivity, and innovations in                        Students with Disabilities pursuant to provisions     trends.
                                                                                                        included in the ESSA. The Center is authorized as
                                                learning. Content Centers developed                     part of the Comprehensive Centers program and
                                                materials, such as guides, tools, and                   managed by the Office of Special Education and          4 See page 5, A Cross-Regional Advisory

                                                                                                        Rehabilitative Services. See https://                 Committee Analysis at: https://www2.ed.gov/about/
                                                  1 Throughout this document, unless otherwise          improvingliteracy.org/ for more information.          bdscomm/list/rac/index.html.
                                                                                                                                                                5 Ibid.
                                                indicated, citations to the ESEA refer to the ESEA,       3 The full reports are available at: https://

                                                as amended by the ESSA.                                 www2.ed.gov/about/bdscomm/list/rac/index.html.          6 Ibid., pages 5–8.




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                                                                      Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                         49033

                                                   By delineating which Centers will                    Region 5: Georgia, North Carolina,                    Types of Priorities
                                                deliver universal, targeted, and                          South Carolina                                         When inviting applications for a
                                                intensive services, the proposed model                  Region 6: Alabama, Florida, Mississippi,              competition using one or more
                                                minimizes duplication of                                  Puerto Rico, Virgin Islands                         priorities, we designate the type of each
                                                Comprehensive Center resources and                      Region 7: Indiana, Michigan, Ohio                     priority as absolute, competitive
                                                enables more coherent, coordinated, and                 Region 8: Illinois, Iowa                              preference, or invitational through a
                                                efficient service delivery to all States.               Region 9: Minnesota, Wisconsin                        notice in the Federal Register. The
                                                   The FY 2019 Comprehensive Centers                    Region 10: North Dakota, South Dakota,                effect of each type of priority follows:
                                                program logic model provided in this                      Wyoming                                                Absolute priority: Under an absolute
                                                document outlines the expected inputs,                                                                        priority, we consider only applications
                                                                                                        Region 11: Colorado, Nebraska
                                                types of services, outputs, and outcomes                                                                      that meet the priority (34 CFR
                                                that, when taken together, we believe                   Region 12: Kansas, Missouri
                                                                                                        Region 13: Arizona, Bureau of Indian                  75.105(c)(3)).
                                                are more likely to result in                                                                                     Competitive preference priority:
                                                organizational structures and systems                     Education, New Mexico, Oklahoma
                                                                                                                                                              Under a competitive preference priority,
                                                that ensure high-quality services and                   Region 14: Arkansas, Louisiana, Texas
                                                                                                                                                              we give competitive preference to an
                                                supports for disadvantaged students and                 Region 15: California, Nevada, Utah                   application by (1) awarding additional
                                                students from low-income families.                      Region 16: Alaska, Oregon, Washington                 points, depending on the extent to
                                                                                                        Region 17: Idaho, Montana                             which the application meets the priority
                                                Priority 1: Regional Centers
                                                                                                        Region 18: Commonwealth of the                        (34 CFR 75.105(c)(2)(i)); or (2) selecting
                                                   Regional Centers must provide high-                    Northern Mariana Islands, Federated                 an application that meets the priority
                                                quality intensive capacity-building                       States of Micronesia, Guam, Palau                   over an application of comparable merit
                                                services to State clients and recipients                Region 19: American Samoa, Hawaii,                    that does not meet the priority (34 CFR
                                                to identify, implement, and sustain                       Republic of the Marshall Islands                    75.105(c)(2)(ii)).
                                                effective evidence-based practices that                                                                          Invitational priority: Under an
                                                support improved educator and student                   Priority 2: National Center
                                                                                                                                                              invitational priority, we are particularly
                                                outcomes. As appropriate, capacity-                        The National Center must provide                   interested in applications that meet the
                                                building services must assist clients and               high-quality universal (e.g., policy                  priority. However, we do not give an
                                                recipients in: (1) Carrying out approved                briefs) and targeted (e.g., peer-to-peer              application that meets the priority a
                                                ESEA Consolidated State Plans with                      exchanges and communities of practice                 preference over other applications (34
                                                preference given to the implementation                  that convene SEAs, REAs, LEAs, and                    CFR 75.105(c)(1)).
                                                and scaling up of evidence-based                        schools on a particular topic) capacity-
                                                programs, practices, and interventions                  building services to address the                      Proposed Requirements
                                                that directly benefit recipients that have              following: Common high-leverage                          The Assistant Secretary proposes the
                                                high percentages or numbers of students                 problems identified in Regional Center                following requirements for this program.
                                                from low-income families as referenced                  State service plans (as outlined in                   We may apply one or more of these
                                                in Title I, Part A of the ESEA (ESEA                    Program Requirement (a)(1)), common                   requirements in any year in which this
                                                secs. 1113(a)(5) and 1111(d)) and                       findings from finalized Department                    program is in effect. See Proposed
                                                recipients that are implementing                        monitoring reports or audit findings,                 Definitions for all definitions proposed
                                                comprehensive support and                               common implementation challenges                      to be used in these requirements.
                                                improvement activities or targeted                      faced by States and Regional Centers,                    Background: The Comprehensive
                                                support and improvement activities as                   and emerging national education trends.               Centers will provide capacity-building
                                                referenced in Title I, Part A of the ESEA               As appropriate, universal and targeted                services at a time when States, districts,
                                                (ESEA sec. 1111(d)); (2) implementing                   capacity-building services must assist                and schools are moving forward with
                                                and scaling-up evidence-based                           Regional Center clients and recipients                implementing approved ESEA
                                                programs, practices, and interventions                  to: (1) Implement approved ESEA                       Consolidated State Plans and have
                                                that address the unique educational                     Consolidated State Plans, with                        greater flexibility in supporting and
                                                obstacles faced by rural populations; (3)               preference given to implementing and                  growing local innovations, including
                                                carrying out corrective actions (e.g.,                  scaling evidence-based programs,                      evidence-based interventions. In this
                                                addressing audit findings as a result of                practices, and interventions that directly            period of transition, Centers must be
                                                monitoring conducted by the                             benefit entities that have high                       responsive to State contexts (e.g.,
                                                Department); and (4) working with the                   percentages or numbers of students from               strengths, needs, priorities, and
                                                National Center to identify trends and                  low-income families as referenced in                  initiatives), knowledgeable of existing
                                                best practices, and develop cost-                       Title I, Part A of the ESEA (ESEA sec.                State strengths and resources (e.g.,
                                                effective strategies to make their work                 1113(a)(5) and 1111(d)) and recipients                business and industry partners), and
                                                available to as many REAs, LEAs, and                    that are implementing comprehensive                   able to promote self-sufficiency and
                                                schools in need of support as possible.                 support and improvement activities or                 sustainability.
                                                   Applicants must propose to operate a                 targeted support and improvement                         The Department believes leadership
                                                Regional Center in one of the following                 activities as referenced in Title I, Part A           support throughout the SEA is critical to
                                                regions:                                                of the ESEA (ESEA sec. 1111(d)); and (2)              ensuring that Centers provide services
                                                Region 1: Massachusetts, Maine, New                     implement and scale evidence-based                    that advance State-led efforts to
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                                                   Hampshire, Vermont                                   programs, practices, and interventions                implement and scale-up evidence-based
                                                Region 2: Connecticut, New York,                        that address the unique educational                   programs, practices, and interventions.
                                                   Rhode Island                                         obstacles faced by rural populations.                 When proposing annual service plans to
                                                Region 3: Delaware, District of                         The work of the National Center must                  the Department, we propose to require
                                                   Columbia, Maryland, New Jersey,                      include the implementation of effective               Regional Centers to demonstrate that
                                                   Pennsylvania                                         strategies for reaching and supporting as             they consulted with and garnered
                                                Region 4: Kentucky, Tennessee,                          many SEAs, REAs, LEAs, and schools in                 commitment from Chief State School
                                                   Virginia, West Virginia                              need of services as possible.                         Officers (CSSOs) or their designees


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                                                49034                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                (clients) prior to carrying out capacity-               technical assistance partners,                           (6) Be located in the region the Center
                                                building services. We also propose to                   milestones, outputs, outcomes, and, if                serves. The Project Director must be
                                                require Centers to identify recipients of               appropriate, fidelity measures. The                   full-time (1.0) and located in the region
                                                capacity-building services, such as                     annual service plan must be an update                 that the Center serves. Key personnel
                                                SEAs, REAs, LEAs, and school teams, in                  to the Center’s five-year plan submitted              must also be able to provide onsite
                                                consultation with the CSSO.                             as part of the Center’s application. The              services at the intensity, duration, and
                                                   In addition to maintaining strong                    annual service plan elements must also                modality appropriate to achieving
                                                relationships with SEA leadership,                      correspond to the relevant sections of                agreed-upon milestones, outputs, and
                                                under the proposed requirements,                        the program logic model.                              outcomes described in State service
                                                Centers must conduct routine                               (2) Develop and implement an                       plans.
                                                exploration of client and recipient                     effective personnel management system                    (7) Within 90 days of receiving
                                                needs. This exploration process must                    that enables the Center to efficiently                funding for an award under this
                                                utilize multiple perspectives from the                  obtain and retain the services of                     document, demonstrate that it has
                                                Center, State clients and recipients, and               nationally recognized content experts                 secured client and partner commitments
                                                multiple data sources, such as key                      and other consultants with direct                     to carry out proposed service plans.
                                                Federal and State documents. The                        experience working with SEAs, REAs,                      (b) Program Requirements for the
                                                Department believes that frequent                       and LEAs. Personnel must demonstrate                  National Center:
                                                communication with State clients and                    that they have the appropriate expertise                 (1) Develop a service plan annually in
                                                recipients is necessary for Centers to                  to deliver quality, intensive services that           consultation with the Department and
                                                identify high-leverage problems;                        meet client and recipient needs similar               Regional Centers. The service plan must
                                                assemble and deploy interdisciplinary                   to those in the region to be served.                  take into account commonalities in
                                                teams with appropriate subject-matter                      (3) Develop and implement an
                                                                                                                                                              identified high-leverage problems in
                                                expertise; meaningfully collaborate with                effective communications system that
                                                                                                                                                              Regional Center State service plans,
                                                Department-funded technical assistance                  enables routine and ongoing exploration
                                                                                                                                                              finalized Department monitoring and
                                                providers carrying out projects in States;              of client and recipient needs as well as
                                                                                                                                                              audit findings, implementation
                                                serve as credible partners to national                  feedback on services provided. The
                                                                                                                                                              challenges faced by Regional Centers
                                                organizations, businesses, and industry;                system must enable routine monitoring
                                                                                                                                                              and States, and emerging national
                                                periodically assess client satisfaction;                of progress toward agreed-upon
                                                                                                                                                              education trends. The annual service
                                                and monitor progress on agreed-upon                     outcomes, outputs, and milestones;
                                                                                                                                                              plan must be an update to the Center’s
                                                outcomes, outputs, and milestones. To                   periodic assessment of client
                                                                                                                                                              five-year plan submitted as part of the
                                                that end, Centers are encouraged to                     satisfaction; and timely identification of
                                                                                                        changes in State contexts that may                    Center’s application. The annual service
                                                develop cost-effective strategies for                                                                         plan must include, at a minimum, the
                                                continuous and timely input from their                  impact success of the project. The
                                                                                                        communications system must include                    following elements: High-leverage
                                                full range of clients on both State and                                                                       problems to be addressed, capacity-
                                                local needs and the quality of services                 processes for outreach activities (e.g.,
                                                                                                        regular promotion of services and                     building services to be delivered, key
                                                provided.                                                                                                     personnel responsible, milestones,
                                                   In order for Regional Centers and the                products to clients and potential and
                                                                                                        current recipients, particularly at the               outputs, and outcome measures. The
                                                National Center to be credible partners                                                                       annual service plan must also include
                                                and valued service providers to States,                 local level), regular engagement and
                                                                                                        coordination with the National Center                 evidence that the Center involved
                                                we believe that each Center must                                                                              Regional Centers in identifying targeted
                                                implement a robust personnel                            and partner organizations (e.g., other
                                                                                                        federally funded technical assistance                 and universal services that complement
                                                management system that enables timely                                                                         Regional Center services to improve
                                                                                                        providers), use of feedback loops across
                                                access to nationally recognized experts                                                                       client and recipient capacity.
                                                                                                        organizational levels (Federal, State, and
                                                in the content areas (e.g., improving                                                                            (2) Maintain the Comprehensive
                                                                                                        local), and regular engagement of
                                                accountability systems, improving                                                                             Center network website, with an easy-
                                                                                                        stakeholders involved in or impacted by
                                                standards and assessments, and                                                                                to-navigate design, that meets
                                                                                                        proposed services.
                                                improving educator talent) identified                      (4) Collaborate with the National                  government or industry-recognized
                                                through routine needs assessments, as                   Center to support client and recipient                standards for accessibility.
                                                well as enduring access to professional                 participation in learning opportunities                  (3) Develop and implement an
                                                staff (e.g., staff with expertise in                    (e.g., multi-State and cross-regional                 effective personnel management system
                                                organizational development, project                     peer-to-peer exchanges on high-leverage               that enables the Center to retain and
                                                management, coaching,                                   problems) and support participation of                efficiently obtain the services of
                                                communications and outreach, and                        Regional Center staff in learning                     education practitioners, researchers,
                                                program evaluation).                                    opportunities (e.g., peer-to-peer                     policy professionals, and other
                                                  Note: The details and parameters of the               exchanges on effective coaching                       consultants with direct experience with
                                                Department’s expectations and involvement               systems), with the goal of reaching as                SEAs, REAs, and LEAs. Personnel must
                                                will be included in the cooperative                     many REAs, LEAs, and schools in need                  have a proven record of publishing in
                                                agreement with each grantee.                            of services as possible while also                    peer-reviewed journals, presenting at
                                                  (a) Program Requirements for                          providing high-quality services.                      national conferences, or delivering
                                                Regional Centers:                                          (5) Identify and enter into partnership            quality adult learning experiences that
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                                                  (1) Develop a service plan annually in                agreements with regional educational                  meet client and recipient needs.
                                                consultation with each State’s CSSO                     laboratories, national organizations,                    (4) Disseminate information (e.g.,
                                                that includes the following elements:                   businesses, and industry for the purpose              instructional videos, toolkits, and briefs)
                                                High-leverage problems to be addressed,                 of supporting States in the                           and evidence-based practices to a
                                                phase of implementation (e.g., needs                    implementation and scale-up of                        variety of education stakeholders,
                                                assessment), capacity-building services                 evidence-based programs, practices, and               including the general public, via
                                                to be delivered, key personnel                          interventions as well as reducing                     multiple mechanisms such as the
                                                responsible, key Department-funded                      duplication of services to States.                    Comprehensive Center network website,


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                                                                      Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                              49035

                                                social media, and other channels as                        (2) Demonstrate expert knowledge of                appropriate levels of the education
                                                appropriate.                                            statutory requirements, regulations, and              system (e.g., SEAs, REAs, LEAs,
                                                   (5) Disseminate Regional Center State                policies related to programs authorized               schools) to ensure there is
                                                service plans, Center annual                            under ESEA and current education                      communication between each level and
                                                performance reports, and other                          issues and policy initiatives for                     that there are processes in place to
                                                materials through the Comprehensive                     supporting the implementation and                     support, and continuously assess, the
                                                Center network website and other                        scaling up of evidence-based programs,                implementation of evidence-based
                                                channels as appropriate.                                practices, and interventions.                         programs, practices, and interventions.
                                                   (6) Collaborate with Regional Centers                   (3) Consistent with the priorities and             The applicant must describe how it will
                                                to implement learning opportunities for                 requirements for this program,                        engage in meaningful consultation with
                                                recipients (e.g., multi-State and cross-                demonstrate expertise and experience in               a broad range of stakeholders (e.g.,
                                                regional peer-to-peer exchanges on high-                the following areas:                                  principals, teachers, families,
                                                leverage problems) and develop learning                    (i) Managing budgets; selecting,                   community members, etc.). The ideal
                                                opportunities for Regional Center staff                 coordinating, and overseeing multiple                 applicant will propose effective
                                                to address implementation challenges                    consultant and sub-contractor teams;                  strategies for receiving ongoing and
                                                (e.g., peer-to-peer exchanges on effective              and leading large-scale projects to                   timely input on the needs of its clients
                                                coaching systems for district teams).                   deliver tools, training, and other                    and the usefulness of its services.
                                                   (7) Develop and implement an                         services to governments, agencies,                       (6) Present a proposed evaluation plan
                                                effective communications system that                    communities, businesses, schools, or                  for the project. The evaluation plan
                                                enables routine and ongoing exploration                 other organizations.                                  must describe the criteria for
                                                of Regional Center client and recipient                    (ii) Designing and implementing
                                                                                                                                                              determining the extent to which:
                                                needs. The system must enable routine                   performance management processes
                                                                                                                                                              Milestones were met; outputs were met;
                                                monitoring of progress toward agreed-                   with staff, subcontractors, and
                                                                                                                                                              recipient outcomes (short-term, mid-
                                                upon outcomes, outputs, and                             consultants that enable effective hiring,
                                                                                                                                                              term, and long-term) were met; and
                                                milestones; periodic assessment of                      developing, supervising, and retaining a
                                                                                                                                                              capacity-building services proposed in
                                                client satisfaction; and timely                         team of subject-matter experts and
                                                                                                                                                              State service plans were implemented as
                                                identification of changes in Federal or                 professional staff.
                                                                                                           (iii) Identifying problems and                     intended.
                                                State contexts that may impact success
                                                of the project. The communications                      conducting root-cause analysis;                          (7) Present a logic model informed by
                                                system must include processes for                       developing and implementing logic                     research or evaluation findings that
                                                outreach activities (e.g., regular                      models, organizational assessments,                   demonstrates a rationale (as defined in
                                                promotion of services and products to                   strategic plans, and process                          34 CFR 77.1) explaining how the project
                                                clients and potential and current                       improvements; and sustaining the use of               is likely to improve or achieve relevant
                                                recipients), use of feedback loops across               evidence-based programs, practices, and               and expected outcomes. This logic
                                                organizational levels (Federal, State, and              interventions.                                        model must align with the
                                                local), regular engagement and                             (iv) Monitoring and evaluating                     Comprehensive Centers program logic
                                                coordination with the Department,                       activities, including, but not limited to:            model, communicate how the project
                                                Regional Centers, and partner                           Compiling data, conducting interviews,                will achieve its expected outcomes
                                                organizations (e.g., federally funded                   developing tools to enhance capacity-                 (short-term, mid-term, and long-term)
                                                technical assistance providers), and                    building approaches, conducting data                  and provide a framework for both the
                                                engagement of stakeholders involved in                  analysis using statistical software,                  formative and summative evaluations of
                                                or impacted by proposed school                          interpreting results from data using                  the project consistent with the
                                                improvement activities.                                 widely acceptable quantitative and                    applicant’s evaluation plan.7 Include a
                                                   (8) Identify potential partners and                  qualitative methods, and developing                   description of underlying concepts,
                                                enter into partnership agreements with                  evaluation reports.                                   assumptions, expectations, beliefs, and
                                                other federally funded technical                           (3) Provide copies of memoranda of                 theories, as well as the relationships and
                                                assistance providers, industry, national                understanding (MOU) with Department-                  linkages among these variables, and any
                                                associations, and other organizations to                funded technical assistance providers,                empirical support for this framework.
                                                support the implementation and                          including the REL(s) in the region that                  (8) Include an assurance that, if
                                                scaling-up of evidence-based programs,                  the Center serves, that are charged with              awarded a grant, the applicant will
                                                practices, and interventions.                           supporting comprehensive, systemic                    assist the Department with the transfer
                                                   (9) Identify a full-time (1.0 FTE)                   changes in States or Department-funded                of pertinent resources and products and
                                                project director capable of managing all                technical assistance providers with                   maintain the continuity of services to
                                                aspects of the Center.                                  particular expertise (e.g., early learning)           States during the transition to this new
                                                   (10) Within 90 days of receiving                     that can augment the applicant’s ability              award period, as appropriate, including
                                                funding for an award under this                         to align complementary work and                       by working with the FY 2012
                                                document, demonstrate that it has                       jointly develop and implement products                Comprehensive Center on Building
                                                secured client and partner commitments                  and services to meet the purposes of the              State Capacity and Productivity to
                                                to carry out proposed service plans.                    Centers.                                              migrate products, resources, and other
                                                   (c) Application Requirements for All                    (4) Describe the current research on               relevant project information to the
                                                Centers:                                                adult learning principles, coaching, and              National Center’s Comprehensive Center
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                                                   (1) Present applicable State, regional,              implementation science that will inform               network website.
                                                and local data demonstrating the current                the applicant’s capacity-building                        (d) Application Requirements for
                                                needs related to building capacity to                   services, including how the applicant                 Regional Centers: In addition to meeting
                                                implement and scale up evidence-based                   will promote self-sufficiency and                     the application requirements for all
                                                programs, practices, and interventions.                 sustainability of State-led school
                                                Reference, as appropriate, information                  improvement activities.                                 7 See Figure 1—Comprehensive Centers program
                                                related to the Department’s finalized                      (5) Present a proposed                             logic model (as defined in 34 CFR 77.1) in this
                                                monitoring and audit findings.                          communications plan for working with                  document.



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                                                49036                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                Centers in paragraph (c) a Regional                     definitions for this program. We may                  National Center staff. This category of
                                                Center applicant must—                                  apply one or more of these definitions                capacity-building services also includes
                                                   (1) Describe the proposed approach to                in any year in which this program is in               information or products, such as
                                                intensive capacity-building services,                   effect. The proposed definitions are:                 newsletters, guidebooks, policy briefs,
                                                including identification of intended                       Capacity-building services means                   or research syntheses, downloaded from
                                                recipients and alignment of proposed                    assistance that strengthens an                        the Center’s website by independent
                                                capacity-building services to meet client               individual’s or organization’s ability to             users. Brief communications by
                                                needs. The applicant must also describe                 engage in continuous improvement and                  National Center staff with recipients,
                                                how it intends to measure the readiness                 achieve expected outcomes.                            either by telephone or email, are also
                                                of clients and recipients to work with                     The four dimensions of capacity-                   considered universal services.
                                                the applicant; measure client and                       building services are:                                   High-leverage problems means
                                                recipient capacity across the four                         (1) Human capacity: Development or                 problems that (1) if addressed could
                                                capacity-building dimensions, including                 improvement of individual knowledge,                  result in substantial improvements for
                                                available resources; and measure the                    skills, technical expertise, and ability to           many students or for key subgroups of
                                                ability of the client and recipients to                 adapt and be resilient to policy and                  students as defined in ESEA section
                                                build capacity at the local level.                      leadership changes.                                   1111(c) and (d); (2) are priorities for
                                                   (e) Application Requirements for the                    (2) Organizational capacity: Structures            education policymakers, particularly at
                                                National Center: In addition to meeting                 that support clear communication and a                the State level; and (3) require intensive
                                                the application requirements for all                    shared understanding of an                            capacity-building services to achieve
                                                Centers in paragraph (c), a National                    organization’s visions and goals, and                 outcomes that address the problem.
                                                Center applicant must:                                  delineated individual roles and                          Milestone means an activity that must
                                                   (1) Demonstrate expertise and                        responsibilities in functional areas.                 be completed. Examples include:
                                                experience in leading digital                              (3) Policy capacity: Structures that               Identification of key district
                                                engagement strategies to attract and                    support alignment, differentiation, or                administrators responsible for
                                                sustain involvement of education                        enactment of local, State, and Federal                professional development, sharing key
                                                stakeholders, including, but not limited                policies and initiatives.                             observations from needs assessment
                                                to: Implementing a robust web and                          (4) Resource capacity: Tangible                    with district administrators and
                                                social media presence, overseeing                       materials and assets that support                     identified stakeholders, logic model,
                                                customer relations management,                          alignment and use of Federal, State,                  plan for State-wide professional
                                                providing editorial support, and                        private, and local funds.                             development, identification of subject
                                                collecting and analyzing web analytics.                    The three tiers of capacity-building               matter experts, and conducting train-
                                                   (2) Describe the intended recipients of              services are:                                         the-trainer sessions.
                                                and the proposed approach to targeted                      (1) Intensive: Assistance often                       Outcomes means effects of receiving
                                                capacity-building services, including                   provided on-site and requiring a stable,              capacity-building services. Examples
                                                how the applicant intends to collaborate                ongoing relationship between the                      include: 95 percent of district
                                                with Regional Centers to identify                       Regional Center staff and their clients               administrators reported increased
                                                potential recipients and how many it                    and recipients, as well as periodic                   knowledge; 2 districts reported
                                                has the capacity to reach; measure the                  evaluations and feedback strategies.                  improved cross-agency coordination;
                                                readiness and capacity of potential                     This category of capacity-building                    and 3 districts reported identification of
                                                recipients across the four dimensions;                  services should support increased                     2.0 FTE responsible for professional
                                                and continuously engage potential                       recipient capacity in more than one                   development.
                                                recipients over the five-year period.                   capacity dimension and improved                          Outputs means products and services
                                                   (3) Describe the intended recipients of              outcomes at one or more system levels.                that must be completed. Examples
                                                and the proposed approach to universal                     (2) Targeted: Assistance based on                  include: Needs assessment, logic model,
                                                capacity-building services, including                   needs common to multiple clients and                  training modules, evaluation plan, and
                                                how the applicant intends to: Measure                   recipients and not extensively                        12 workshop presentations.
                                                the quality of the products and services                individualized. A relationship is                       Note: A product output under this program
                                                developed to address common high-                       established between the recipient(s),                 would be considered a deliverable under the
                                                leverage problems; how many recipients                  Regional Center(s), and the National                  open licensing regulations at 2 CFR 3474.20.
                                                it plans to reach; support recipients in                Center. This category of capacity-                      Regional educational agency, for the
                                                the selection, implementation, and                      building services includes one-time,                  purposes of the Comprehensive Centers
                                                monitoring of evidence-based practices                  labor-intensive events, such as                       program, means ‘‘Tribal Educational
                                                and interventions; and improve                          facilitating strategic planning or hosting            Agency’’ as defined in ESEA section
                                                knowledge of emerging national                          national or regional conferences. It can              6132(b)(3), as well as other educational
                                                education trends.                                       also include less labor-intensive events              agencies that serve regional areas.
                                                                                                        that extend over a period of time, such                 Service plan project means a series of
                                                Proposed Definitions                                    as facilitating a series of conference calls          interconnected capacity-building
                                                  Background: The Department                            on single or multiple topics that are                 services designed to achieve recipient
                                                proposes the establishment of the                       designed around the needs of the                      outcomes and outputs. A service plan
                                                following definitions for the                           recipients. Facilitating communities of               project includes, but is not limited to, a
                                                Comprehensive Centers program. The                      practice can also be considered targeted              well-defined high-leverage problem, an
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                                                proposed definitions are intended to (1)                capacity-building services.                           approach to capacity-building services,
                                                clarify expectations for Centers and (2)                   (3) Universal capacity-building                    intended recipients, key personnel,
                                                uniformly apply and utilize terms and                   services: Assistance and information                  expected outcomes, expected outputs,
                                                definitions from the Department and                     provided to independent users through                 and milestones.
                                                other federally funded technical                        their own initiative, involving minimal
                                                assistance Centers.                                     interaction with National Center staff                Proposed Performance Measures
                                                  Proposed Definitions: The Assistant                   and including one-time, invited or                      Background: While we are not
                                                Secretary proposes the following                        offered conference presentations by                   required to seek comment on the


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                                                                      Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                         49037

                                                Department’s Government Performance                     served a wide range of recipients; 9 (3)               relevant outcomes. The Comprehensive
                                                and Results Act of 1993 (GPRA)                          implemented capacity-building                          Centers program logic model inputs
                                                performance measures, the Department                    activities with fidelity; and (4) achieved             include but are not limited to SEA and
                                                believes the development of effective                   recipient outcomes.                                    LEA staff, implementation and
                                                performance measures can benefit from                                                                          organizational expertise, content area
                                                                                                        Proposed Performance Measures
                                                public input and invites public                                                                                expertise, and Federal funding, staff,
                                                comment to help inform the final                          Measure 1: The extent to which                       and regulations. Processes include
                                                                                                        Comprehensive Center clients are                       capacity-building services that help
                                                performance measures for the
                                                                                                        satisfied with the quality, usefulness,                recipients to develop needs assessments
                                                Comprehensive Centers program.
                                                                                                        and relevance of services provided.                    and logic models, select evidence-based
                                                Although the Department will consider                     Measure 2: The extent to which
                                                the public comments, the Department is                                                                         practices, and planning for and assisting
                                                                                                        Comprehensive Centers provide services                 in the implementation of evidence-
                                                not limited by the terms of the proposed                and products to a wide range of
                                                performance measures or public                                                                                 based practices. Outputs include
                                                                                                        recipients.                                            products, data, and information to assist
                                                comment on those measures in                              Measure 3: The extent to which
                                                establishing final performance                                                                                 in the implementation and evaluation of
                                                                                                        Comprehensive Centers demonstrate
                                                                                                                                                               evidence-based practices, such as needs
                                                measures. The Department recognizes                     that capacity-building services were
                                                                                                                                                               assessments and logic models. Short-
                                                that the Centers strive to provide useful,              implemented as intended.
                                                                                                          Measure 4: The extent to which                       term outcomes include increased
                                                high-quality services, while also
                                                                                                        Comprehensive Centers demonstrate                      individual and organizational capacity
                                                attempting to reach as many recipients                                                                         in four dimensions: Human,
                                                in need of support as possible. We are                  recipient outcomes were met.
                                                                                                          Comprehensive Centers Program                        organizational, policy, and resource.
                                                particularly interested in receiving                                                                           Mid-term outcomes include improving
                                                input on measures that address                          Logic Model: Figure 1 is a diagram of the
                                                                                                        FY 2019 Comprehensive Centers                          SEA and LEA capacity to plan,
                                                usefulness to the recipients and the                                                                           implement, and evaluate school
                                                reach and scope of the services                         program logic model. A logic model
                                                                                                        refers to a framework that identifies key              improvement programs in order to
                                                provided.                                                                                                      improve policies, practices, and systems
                                                                                                        project components, inputs, processes,
                                                   The proposed performance measures                    outputs, and short-, mid-, and long-term               to implement and evaluate school
                                                are intended to assess the extent to                    outcomes and impacts and describes the                 improvement programs. Long-term
                                                which Comprehensive Centers: (1)                        theoretical and operational relationships              outcomes include improved educational
                                                Achieved high client 8 satisfaction; (2)                among the key project components and                   opportunities and academic outcomes
                                                                                                                                                               for disadvantaged and low-income
                                                  8 Client means Chief State School Officers or           9 Recipients means those eligible for                students.
                                                designees.                                              Comprehensive Center services.                         BILLING CODE 4000–01–P
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                                                                                                                                                                Figure 1

                                                                                                                                                       U.S. Department of Education
                                                                                                                                              Comprehensive Centers (CC) Program Logic Model
Federal Register/Vol. 83, No. 189 /Friday, September 28, 2018 /Proposed Rules




                                                                                       Inputs                    Processes                             Outputs                     Short—term              Mid—term             Long—term
                                                                                                                                                                                    Outcomes              Outcomes              Outcomes
                                                                                                       CCs provide appropriate
                                                                                 SEA and LEA staff     capacity building                                                    Increased individual and
                                                                                                           §                                         Needs assessment
                                                                                                                                                                            organizational capacity in




                                                                                                                                       o ~ y yA N
                                                                                                       services to develop
                                                                                                                                                        developed           four dimensions:
                                                                                  REL resources        needs assessment

                                                                                 Content area and      CCs provide appropriate                                               *   Human
                                                                                  methodological       capacity building                                                     * Resource                   Improved SEA
                                                                                     expertise         services to develop a                            Logic model          *   Policy Leadership        and LEA
                                                                                                       logic model                                      developed            * Organizational             capacity to plan,
                                                                                 Implementation
                                                                                                                                                                                                          implement, and
                                                                                and Organizational     CCs provide appropriate
                                                                                                                                                    EBP, intervention or                                  evaluate school
                                                                                  development          capacity building services
                                                                                                                                                     state—wide effort                                    improvement
                                                                                     expertise         to select evidence—based
                                                                                                                                                          selected                                        programs
                                                                                                       practices (EBP),
                                                                                    Federal staff                                                                                                                             Improved

                                                                                                                                                                                                                1
                                                                                                       interventions or state—wide
                                                                                  (School Support                                                     Implementation                                                          educational
                                                                                                       effort
                                                                                      and Rural                                                     plan, resources and                                                       opportunities for
                                                                                Programs, Office of    CCs provide appropriate                           materials,                                      Improved             disadvantaged
                                                                                     Career and        capacity building services to
                                                                                                                                                      monitoring and                                     policies,            and low—income
                                                                                  Technical Adult      plan for the implementation                                                                       practices, and       students
                                                                                                                                                      evaluation plan
                                                                                Education, Office of   of an EBP, intervention or                                                                        systems to
                                                                                                                                                        developed
                                                                                                       state—wide effort                                                                                 implement and
                                                                                   State Support)
                                                                                                                                                                                                                              Improved
                                                                                                                                                     Results of EBP(s),                                  evaluate school
                                                                                 Federal funding       CCs provide appropriate                                                                                                academic
                                                                                                                                                      intervention(s),                                   improvement
                                                                                                       capacity building services in                                                                                          outcomes for
                                                                                  (SSRP, OCTAE,                                                     state—wide effort(s),                                programs
                                                                                                       implementing an EBP,                                                                                                   disadvantaged
                                                                                      OSEP)                                                            and fidelity of
                                                                                                       intervention or state—wide                                                                                             and low—income
                                                                                                       effort                                         implementation
                                                                                Federal regulations,                                                                                                                          students
                                                                                                                                                          assessed
                                                                                   statutes, and
                                                                                                       CCs provide appropriate
                                                                                 guidance (ETAA,
                                                                                                       capacity building services to                  Evaluation data
                                                                                  ESSA, Uniform
                                                                                                       evaluate an EBP,                             incorporated within
                                                                                    Guidance)
                                                                                                       intervention or state—wide                     implementation
                                                                                                       effort                                              cycle
49038


                                                                      Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                         49039

                                                BILLING CODE 4000–01–C                                  imposes total costs greater than zero, it             Department believes that this regulatory
                                                Final Priorities, Requirements,                         must identify two deregulatory actions.               action is consistent with the principles
                                                Definitions, and Performance Measures                   For Fiscal Year 2018, any new                         in Executive Order 13563.
                                                                                                        incremental costs associated with a new                 We also have determined that this
                                                   We will announce the final priorities,               regulation must be fully offset by the                regulatory action would not unduly
                                                requirements, definitions, and                          elimination of existing costs through                 interfere with State, local, and Tribal
                                                performance measures in a notice in the                 deregulatory actions. Because the                     governments in the exercise of their
                                                Federal Register. We will determine the                 proposed regulatory action is not                     governmental functions.
                                                final priorities, requirements,                         significant, the requirements of                        In accordance with these Executive
                                                definitions, and performance measures                   Executive Order 13771 do not apply.                   orders, the Department has assessed the
                                                after considering responses to the                         We have also reviewed this proposed                potential costs and benefits, both
                                                proposed priorities, requirements,                      regulatory action under Executive Order               quantitative and qualitative, of this
                                                definitions, and performance measures                   13563, which supplements and                          regulatory action. The potential costs
                                                and other information available to the                  explicitly reaffirms the principles,                  associated with this regulatory action
                                                Department. We are not precluded from                   structures, and definitions governing                 are those resulting from regulatory
                                                proposing additional priorities,                        regulatory review established in                      requirements and those we have
                                                requirements, definitions, performance                  Executive Order 12866. To the extent                  determined are necessary for
                                                measures, or selection criteria, subject to             permitted by law, Executive Order                     administering the Department’s
                                                meeting applicable rulemaking                           13563 requires that an agency—                        programs and activities.
                                                requirements.                                              (1) Propose or adopt regulations only                Summary of Costs and Benefits: The
                                                  Note: This document does not solicit                  upon a reasoned determination that                    Department believes that the proposed
                                                applications. In any year in which we choose            their benefits justify their costs                    priorities, requirements, definitions, and
                                                to use one or more of these proposed                    (recognizing that some benefits and                   performance measures would not
                                                priorities, requirements, definitions, and              costs are difficult to quantify);                     impose significant costs on eligible
                                                performance measures we invite applications                (2) Tailor its regulations to impose the           research organizations, institutions,
                                                through a notice in the Federal Register.               least burden on society, consistent with              agencies, institutions of higher
                                                                                                        obtaining regulatory objectives and                   education, or partnerships among such
                                                Executive Orders 12866, 13563, and                      taking into account—among other things                entities, or individuals that would
                                                13771: Regulatory Impact Analysis                       and to the extent practicable—the costs               receive assistance through the
                                                   Under Executive Order 12866, the                     of cumulative regulations;                            Comprehensive Centers program. We
                                                Secretary must determine whether this                      (3) In choosing among alternative                  also believe that the benefits of
                                                regulatory action is ‘‘significant’’ and,               regulatory approaches, select those                   implementing the proposed priorities,
                                                therefore, subject to the requirements of               approaches that maximize net benefits                 requirements, definitions, and
                                                the Executive order and subject to                      (including potential economic,                        performance measures justify any
                                                review by the Office of Management and                  environmental, public health and safety,              associated costs.
                                                Budget (OMB). Section 3(f) of Executive                 and other advantages; distributive                      The Department believes that the
                                                Order 12866 defines a ‘‘significant                     impacts; and equity);                                 proposed priorities, requirements,
                                                regulatory action’’ as an action likely to                 (4) To the extent feasible, specify                definitions, and performance measures
                                                result in a rule that may—                              performance objectives, rather than the               would result in the selection of high-
                                                   (1) Have an annual effect on the                     behavior or manner of compliance a                    quality applications to establish Centers
                                                economy of $100 million or more, or                     regulated entity must adopt; and                      that are most likely to build the capacity
                                                adversely affect a sector of the economy,                  (5) Identify and assess available                  of SEAs in order to improve educational
                                                productivity, competition, jobs, the                    alternatives to direct regulation,                    outcomes for all students. Through the
                                                environment, public health or safety, or                including economic incentives—such as                 proposed priorities, requirements,
                                                State, local or Tribal governments or                   user fees or marketable permits—to                    definitions, and performance measures,
                                                communities in a material way (also                     encourage the desired behavior, or                    we seek to provide clarity as to the
                                                referred to as an ‘‘economically                        provide information that enables the                  scope of activities we expect to support
                                                significant’’ rule);                                    public to make choices.                               with program funds. A potential
                                                   (2) Create serious inconsistency or                     Executive Order 13563 also requires                applicant would need to consider
                                                otherwise interfere with an action taken                an agency ‘‘to use the best available                 carefully its capacity to implement a
                                                or planned by another agency;                           techniques to quantify anticipated                    project successfully.
                                                   (3) Materially alter the budgetary                   present and future benefits and costs as                The Department further believes that
                                                impacts of entitlement grants, user fees,               accurately as possible.’’ The Office of               the costs imposed on an applicant by
                                                or loan programs or the rights and                      Information and Regulatory Affairs of                 the proposed priorities, requirements,
                                                obligations of recipients thereof; or                   OMB has emphasized that these                         definitions, and performance measures
                                                   (4) Raise novel legal or policy issues               techniques may include ‘‘identifying                  would be largely limited to paperwork
                                                arising out of legal mandates, the                      changing future compliance costs that                 burden related to preparing an
                                                President’s priorities, or the principles               might result from technological                       application and that the benefits of
                                                stated in the Executive order.                          innovation or anticipated behavioral                  preparing an application and receiving
                                                   This proposed regulatory action is not               changes.’’                                            an award would justify any costs
                                                a significant regulatory action subject to                 We are issuing these proposed                      incurred by the applicant. This is
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                                                review by OMB under section 3(f) of                     priorities, requirements, definitions, and            because, during the project period, the
                                                Executive Order 12866.                                  performance measures only on a                        costs of actually establishing a Center
                                                   Under Executive Order 13771, for                     reasoned determination that their                     and carrying out activities under a
                                                each new rule that the Department                       benefits justify their costs. In choosing             Comprehensive Centers program grant
                                                proposes for notice and comment or                      among alternative regulatory                          would be paid for with program funds
                                                otherwise promulgates that is a                         approaches, we selected those                         and any matching funds. Thus, the costs
                                                significant regulatory action under                     approaches that maximize net benefits.                of establishing a Comprehensive Center
                                                Executive Order 12866, and that                         Based on the analysis that follows, the               using these proposed priorities,


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                                                49040                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                requirements, definitions, and                          Comprehensive Centers program grant                   documents of this Department
                                                performance measures would not be a                     include the potential receipt of a grant              published in the Federal Register, in
                                                significant burden for any eligible                     as well as other benefits that may accrue             text or Portable Document Format
                                                applicant, including a small entity.                    to an entity through its development of               (PDF). To use PDF you must have
                                                   Elsewhere in this section under                      an application, such as the use of such               Adobe Acrobat Reader, which is
                                                Paperwork Reduction Act of 1995, we                     application to create partnerships with               available free at the site.
                                                identify and explain burdens                            other entities in order to assist SEAs.                 You may also access documents of the
                                                specifically associated with information                   The Secretary believes that the                    Department published in the Federal
                                                collection requirements.                                proposed priorities, requirements,                    Register by using the article search
                                                   Paperwork Reduction Act of 1995                      definitions, and performance measures                 feature at: www.federalregister.gov.
                                                (PRA): These proposed priorities,                       would not impose any additional                       Specifically, through the advanced
                                                requirements, definitions, and                          burden on a small entity applying for a               search feature at this site, you can limit
                                                performance measures do not contain                     grant than the entity would face in the               your search to documents published by
                                                any information collection                              absence of the proposed action. That is,              the Department.
                                                requirements.                                           the length of the applications those
                                                   Regulatory Flexibility Act                                                                                   Dated: September 24, 2018.
                                                                                                        entities would submit in the absence of
                                                Certification: The Secretary certifies that             the proposed regulatory action and the                Frank Brogan,
                                                this proposed regulatory action would                   time needed to prepare an application                 Assistant Secretary for Elementary and
                                                not have a significant economic impact                  would likely be the same.                             Secondary Education.
                                                on a substantial number of small                           Further, this proposed regulatory                  [FR Doc. 2018–21089 Filed 9–27–18; 8:45 am]
                                                entities. The U.S. Small Business                       action could help a small entity                      BILLING CODE 4000–01–P
                                                Administration Size Standards define                    determine whether it has the interest,
                                                ‘‘small entities’’ as for-profit or                     need, or capacity to implement
                                                nonprofit institutions with total annual                activities under the program and, thus,               FEDERAL COMMUNICATIONS
                                                revenue below $7,000,000 or, if they are                prevent a small entity that does not have             COMMISSION
                                                institutions controlled by small                        such an interest, need, or capacity from
                                                governmental jurisdictions (that are                    absorbing the burden of applying.                     47 CFR Part 54
                                                comprised of cities, counties, towns,                      This proposed regulatory action
                                                                                                                                                              [WC Docket No. 10–90; DA 18–929]
                                                townships, villages, school districts, or               would not have a significant economic
                                                special districts), with a population of                impact on a small entity once it receives             Wireline Competition Bureau Seeks
                                                less than 50,000.                                       a grant because it would be able to meet              Comment on Procedures To Identify
                                                   The small entities that this proposed                the costs of compliance using the funds               and Resolve Location Discrepancies in
                                                regulatory action could affect are                      provided under this program. The                      Eligible Census Blocks Within Winning
                                                eligible research organizations, agencies,              Secretary invites comments from small                 Bid Areas
                                                institutions of higher education, or                    eligible entities as to whether they
                                                partnerships among such entities, or                    believe this proposed regulatory action               AGENCY:  Federal Communications
                                                individuals. The Secretary believes that                would have a significant economic                     Commission.
                                                the costs imposed on an applicant by                    impact on them and, if so, requests                   ACTION: Proposed rule.
                                                the proposed priorities, requirements,                  evidence to support that belief.
                                                definitions, and performance measures                      Intergovernmental Review: This                     SUMMARY:   In this document, Wireline
                                                would be limited to paperwork burden                    program is subject to Executive Order                 Competition Bureau seeks comment on
                                                related to preparing an application and                 12372 and the regulations in 34 CFR                   several proposals to implement a
                                                that the benefits of implementing these                 part 79. One of the objectives of the                 process for resolving location
                                                proposals would outweigh any costs                      Executive order is to foster an                       discrepancies at issue for Phase II
                                                incurred by the applicant.                              intergovernmental partnership and a                   auction support recipients.
                                                   Participation in the Comprehensive                   strengthened federalism. The Executive                DATES: Comments are due on or before
                                                Centers program is voluntary. For this                  order relies on processes developed by                October 29, 2018 and reply comments
                                                reason, the proposed priorities,                        State and local governments for                       are due on or before November 13, 2018.
                                                requirements, definitions, and                          coordination and review of proposed                   ADDRESSES: You may submit comments,
                                                performance measures would impose no                    Federal financial assistance.
                                                burden on small entities unless they                                                                          identified by WC Docket No. 10–90 by
                                                                                                           This document provides early                       the following method:
                                                applied for funding under the                           notification of our specific plans and
                                                Comprehensive Centers program using                                                                              • Electronic Filers: Comments may be
                                                                                                        actions for this program.                             filed electronically using the internet by
                                                the proposed priorities, requirements,                     Accessible Format: Individuals with
                                                definitions, and performance measures.                                                                        accessing the ECFS: http://fjallfoss.
                                                                                                        disabilities can obtain this document in
                                                We expect that in determining whether                                                                         fcc.gov/ecfs2/.
                                                                                                        an accessible format (e.g., braille, large
                                                to apply for Comprehensive Center                                                                                For detailed instructions for
                                                                                                        print, audiotape, or compact disc) on
                                                funds, an eligible entity would evaluate                                                                      submitting comments and additional
                                                                                                        request to the program contact person
                                                the requirements of preparing an                                                                              information on the rulemaking process,
                                                                                                        listed under FOR FURTHER INFORMATION
                                                application and implementing a                                                                                see the SUPPLEMENTARY INFORMATION
                                                                                                        CONTACT.
                                                Comprehensive Center, and any                              Electronic Access to This Document:                section of this document.
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                                                associated costs, and weigh them                        The official version of this document is              FOR FURTHER INFORMATION CONTACT:
                                                against the benefits likely to be achieved              the document published in the Federal                 Alexander Minard, Wireline
                                                by implementing a Center. An eligible                   Register. You may access the official                 Competition Bureau at (202) 418–7400
                                                entity would probably apply only if it                  edition of the Federal Register and the               or TTY (202) 418–0484.
                                                determines that the likely benefits                     Code of Federal Regulations via the                   SUPPLEMENTARY INFORMATION: This is a
                                                exceed the costs of preparing an                        Federal Digital System at: www.gpo.gov/               synopsis of the Wireline Competition
                                                application and implementing a project.                 fdsys. At this site you can view this                 Bureau’s document in WC Docket No.
                                                The likely benefits of applying for a                   document, as well as all other                        10–90; DA 18–929, released September


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Document Created: 2018-09-28 01:22:34
Document Modified: 2018-09-28 01:22:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed priorities.
DatesWe must receive your comments on or before October 29, 2018.
ContactKim Okahara, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E204, Washington, DC 20202- 6135. Telephone: (202) 453-6930. Email: [email protected]
FR Citation83 FR 49031 

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