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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations evidence-based strategies as defined in 34 CFR 77.1 or the ESEA incorporating one or more of the following:
a Adopting, implementing, or expanding efforts to recruit, select, prepare, support, and develop talented, diverse individuals to serve as mentors, instructional coaches, principals, or school leaders in high-need schools as may be defined in the programs authorizing statute or regulations who have the knowledge and skills to significantly improve instruction.
b Implementing practices or strategies that support high-need schools as may be defined in the programs authorizing statute or regulations in recruiting, preparing, hiring, supporting, developing, and retaining qualified, experienced, effective, diverse educators.
c Increasing the number of teachers with State or national advanced educator certification or certification in a teacher shortage area, as determined by the Secretary, such as special education or bilingual education.
d Providing high-quality professional development opportunities to all educators in high-need schools as may be defined in the programs authorizing statute or regulations on meeting the needs of diverse learners, including students with disabilities and English learners.
Proposed Priority 2Increasing Educator Diversity.
Under this priority, applicants must develop projects that are designed to improve the recruitment, outreach, preparation, support, development, and retention of a diverse educator workforce through adopting, implementing, or expanding one or more of the following:
a High-quality, comprehensive teacher preparation programs that have a track record of attracting, supporting, graduating, and placing underrepresented teacher candidates, and that include one year of highquality clinical experiences prior to becoming the teacher of record in highneed schools as may be defined in the programs authorizing statute or regulations.
b High-quality, comprehensive teacher preparation programs in Historically Black Colleges and Universities eligible institutions under part B of title III and subpart 4 of part A title VII of the HEA, Hispanic Serving Institutions eligible institutions under section 502 of the HEA, Tribal Colleges and Universities eligible institutions under section 316 of the HEA, or other Minority Serving Institutions eligible institutions under title III and title V of the HEA that include one year of high-

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quality clinical experiences prior to becoming the teacher of record in highneed schools as may be defined in the programs authorizing statute or regulations and that incorporate best practices for attracting, supporting, graduating, and placing underrepresented teacher candidates.
c Reforms to teacher preparation programs to improve the diversity of teacher candidates, including changes to ensure underrepresented teacher candidates are fully represented in program admission, completion, placement, and retention as educators.
d Educator candidate support and preparation strategies and practices focused on underrepresented teacher candidates, and which may include grow your own programs, which typically recruit middle or high school students, paraprofessionals, or other school staff and provide them with clear pathways and intensive support to enter into the teaching profession.
e Professional growth and leadership opportunities for diverse educators, including opportunities to influence school, district, or State policies and practices in order to improve educator diversity.
f High-quality professional development on addressing bias in instructional practice and fostering an inclusive, equitable, and supportive workplace and school climate for educators.
g Data systems, timelines, and action plans for promoting inclusive and biasfree human resources practices that promote and support development of educator and school leader diversity.
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
75.105c3.
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 75.105c2i; or 2 selecting an application that meets the priority over an application of comparable merit that does not meet the priority 34 CFR
75.105c2ii.
Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an
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application that meets the priority a preference over other applications 34
CFR 75.105c1.
This document does not preclude us from proposing additional priorities, requirements, definitions, 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 these priorities, we invite applications through a notice in the Federal Register.

Executive Orders 12866 and 13563
Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget OMB must determine whether this regulatory action is significant and, therefore, subject to the requirements of the Executive order and subject to review by OMB. Section 3f 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 Presidents priorities, or the principles stated in the Executive order.
This regulatory action is not a significant regulatory action subject to review by OMB under section 3f of Executive Order 12866.
We have also reviewed this 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 accountamong other things
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