Je veux savoir à propos de…

Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

teachers, principals, and other school leaders educators especially educators in High-Need Schools who raise student academic achievement and close the achievement gap between highand low-performing students. In addition, a portion of TSL funds may be used to study the effectiveness, fairness, quality, consistency, and reliability of such systems.
Program Authority: Sections 2211
2213 of the Elementary and Secondary Education Act of 1965, as amended ESEA, 20 U.S.C. 66316633.
A notice of proposed priorities NPP
for this program was published in the Federal Register on April 9, 2021 86 FR
18519. The NPP contained background information and our reasons for proposing the priority and definition.
Except for minor editorial and technical revisions, there are no differences between the proposed priority and definition and the final priority and definition.
Public Comment: In response to our invitation in the NPP, two comments were received, neither of which were relevant to the proposed priority and definition. The Secretary appreciates the publics interest in this program and the comments received in response to the NPP. However, we do not address general comments that raise concerns not directly related to the NPP.
Final Priority High-Need Schools.
Under this priority, eligible applicants must concentrate proposed activities on teachers, principals, or other school leaders serving in High-Need Schools.
In order to demonstrate that the TSL
project is concentrated in High-Need Schools, the applicant must a Provide the requested data in paragraph c of this priority to demonstrate that at least the majority of the schools participating in the proposed project are High-Need Schools and describe how the TSL-assisted grant activities are focused on those schools;
b Include a list of all schools in which the proposed TSL-funded project would be implemented and indicate which schools are High-Need Schools;
and c Provide the most recently available school-level data supporting each schools designation as a High-Need School.
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:

VerDate Sep<11>2014

15:58 Jul 08, 2021

Jkt 253001

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 application that meets the priority a preference over other applications 34
CFR 75.105c1.
Final Definition The Assistant Secretary establishes the following definition for this program. We may apply this definition in any year in which this program is in effect.
High-Need School means a school with 50 percent or more of its enrollment from low-income families as calculated using 1 The number of children eligible for a free or reduced-price lunch under the National School Lunch Program NSLP
or, if an LEA does not participate in the NSLP, comparable data from another source such as a survey;
2 If an LEA has one or more schools that participate in the Community Eligibility Provision CEP of the NSLP, for any of its schools i.e., CEP and nonCEP schools, the method in paragraph 1 of this definition or an alternative method approved by the Department;
and 3 For middle and high schools, data from feeder schools that can establish that the middle or high school is a HighNeed School under paragraph 1 or 2
of this definition.
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 this priority and definition, 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
PO 00000

Frm 00029

Fmt 4700

Sfmt 4700

36221

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 final 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 final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency 1 Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs recognizing that some benefits and costs are difficult to quantify;
2 Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into accountamong other things and to the extent practicablethe 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 incentivessuch as user fees or marketable permitsto encourage the desired behavior, or
E:FRFM09JYR1.SGM

09JYR1