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This notice announces final priorities, requirements, definitions, and selection criteria for the Perkins Innovation and Modernization (PIM) grant program administered by the Office of Career, Technical, and Adult Education under Assistance Listing Number 84.051F. The priorities focus on developing career-connected high schools, partnerships between secondary and postsecondary institutions and employers, and projects serving low-income students. Applicants must describe plans to increase students' participation in dual enrollment programs, work-based learning, personalized education plans, and credential attainment. Projects will be evaluated on their ability to expand access to these opportunities equitably. The notice provides the application requirements, program requirements on topics like evaluation and programs of study, and selection criteria for reviewing applications.

Final Priorities, Requirements, Definitions, and Selection Criteria: Final Priorities, Requirements, Definitions, and Selection Criteria Document

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54882 Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

F. Environment We have analyzed this rule under

Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST

5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone lasting 5 hours on August 23, 2023, on the Ohio River. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities The Coast Guard respects the First

Amendment rights of protesters.

Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels.

List of Subjects in 33 CFR Part 165 Marine Safety, Navigation (water), Reporting, and recordkeeping requirements, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 continues to read as follows:

Authority: 46 U.S.C. 70034, 70051, 70124;

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;

Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.

■ 2. Add § 165.T08–0610 to read as follows:

§ 165.T08–0610 Safety Zone Ohio River, Wheeling, WV.

(a) Location. The following area is a temporary safety zone on the Ohio River from mile marker 90.4 to mile marker 91.

(b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Pittsburgh (COTP) in the enforcement of the safety zone.

(c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative.

(2) To seek permission to enter, contact the COTP or the COTP’s representative on Channel 16 or at 412– 670–4288. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative.

(d) Enforcement period. This section is effective from 5 through 9 p.m. on August 23, 2023. The temporary safety zone will be enforced during the 5 hours floating lantern festival.

Eric J. Velez, Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.

[FR Doc. 2023–17380 Filed 8–11–23; 8:45 am]

BILLING CODE 9110–04–P

DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED–2023–OCTAE–0048]

Final Priorities, Requirements, Definitions, and Selection Criteria— Perkins Innovation and Modernization Grant Program

AGENCY: Office of Career, Technical, and Adult Education, Department of Education.

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

SUMMARY: The Department of Education (Department) announces priorities, requirements, definitions, and selection criteria for the Perkins Innovation and Modernization (PIM) grant program, Assistance Listing Number 84.051F. The Department may use the priorities, requirements, definitions, and selection criteria for competitions in fiscal year (FY) 2023 and later years. We take this action to support grant competitions that will identify strong and well-designed projects that incorporate evidence-based and innovative strategies and activities to improve student success in secondary education, postsecondary education, and careers.

DATES: The priorities, requirements, definitions, and selection criteria are effective September 13, 2023.

FOR FURTHER INFORMATION CONTACT: Dr.

Charles ‘‘Bryan’’ Jenkins, U.S.

Department of Education, 400 Maryland Avenue SW, Room 4A192, Washington, DC 20202. Telephone: 202–987–0815.

Email: PIMGrants@ed.gov.

If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1.

SUPPLEMENTARY INFORMATION:

Purpose of Program: The purpose of the PIM grant program is to identify, support, and independently evaluate evidence-based and innovative strategies and activities to improve and modernize career and technical education (CTE) and align workforce skills with labor market needs. The Department anticipates using the PIM authority beginning in FY 2023 to award competitive grants to support Career Connected High Schools (CCHS) that will transform public high schools by expanding existing and implementing new strategies and supports to help their students identify and navigate pathways to postsecondary education and career preparation, accrue college credit, pursue in-demand and high-value industry-recognized credentials, and gain direct experience in the workplace through work-based learning.

Program Authority: Section 114(e) of the Carl D. Perkins Career and Technical Education Act of 2006, as amended by the Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (20 U.S.C. 2324).

We published a notice of proposed priorities, requirements, definitions, and selection criteria in the Federal Register on May 16, 2023 (88 FR 31196) (the NPP). The notice contained background information and our rationale for proposing the priorities, requirements, definitions, and selection criteria. As discussed in the Analysis of Comments and Changes section of this document, we made substantive changes to Priorities 1, 2, 3 and 4, Application Requirement 3, Program Requirement 3, and the selection criteria. We also added a new application requirement.

Public Comment: In response to our invitation in the NPP, 17 parties submitted comments. Generally, we do not address technical and other minor changes or suggested changes that the law does not authorize us to make. In addition, we do not address comments that are outside the scope of the NPP.

Analysis of Comments and Changes:

An analysis of the comments and of any changes in the proposed priorities, requirements, definitions, and selection criteria since publication of the NPP follows. We group major issues according to subject.

Priority 1—Career-Connected High Schools.

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1 U.S. Department of Education, Institute of Education Sciences, National Center for Education Statistics, National Assessment of Educational Progress (2022), 2019 NAEP High School Transcript Study (HSTS) Results: A Closer Look, Retrieved from: https://www.nationsreportcard.gov/ hstsreport/#closerlook_3_0_el. Dual credit course-taking by Native American students tabulated using the Data Explorer for the High School Transcript Study at: https://www.nationsreportcard.gov/ ndecore/xplore/hsts.

2 See, for example, Lochmiller, C.R., et al. (2016), Dual enrollment courses in Kentucky: High school students’ participation and completion rates (REL 2016–137). Washington, DC: U.S. Department of Education, Institute of Education Sciences, Retrieved from http://ies.ed.gov/ncee/edlabs/ regions/appalachia/pdf/REL_2016137.pdf. Also see Miller, Trey, et al. (2017), Dual Credit Education in Texas: Interim Report, RAND Corporation.

Retrieved from: https://www.rand.org/pubs/ research_reports/RR2043.html.

3 Fink, John, ‘‘How Many Schools in Your State Shut Out Students from Dual Enrollment or AP?’’ The Mixed Methods Blog (November 10, 2021), Community College Research Center. Retrieved from: https://ccrc.tc.columbia.edu/easyblog/ schools-dual-enrollment-ap.html.

4 Ross, M., Kazis, R., Bateman, N., and Stateler, L. (2020), Work-Based Learning Can Advance Equity and Opportunity for America’s Young People, Brookings Metropolitan Policy Program, Brookings Institution. Retrieved from: https:// www.brookings.edu/wp-content/uploads/2020/11/ 20201120_BrookingsMetro_Work-based-learning_ Final_Report.pdf.

5 More information about Unlocking Career Success can be found at https://cte.ed.gov/ unlocking-career-success/home.

6 Section 3(48) of Perkins V defines ‘‘special populations’’ to mean individuals with disabilities;

individuals from economically disadvantaged families, including low-income youth and adults;

Continued

Comments: Sixteen commenters expressed general support for Priority 1.

One commenter felt that the activities contemplated under Priority 1 are not innovative because they already are allowable uses of funds under the State formula grant program authorized by Perkins V. That commenter instead recommended giving applicants the discretion to determine their use of grant funds.

Discussion: We appreciate the commenters’ support for Priority 1.

With respect to the commenter who advocated for allowing grantees to determine how they use grant funds, the Department believes that funding projects that meet the requirements of Priority 1 will be more productive in building evidence and advancing equity than funding a set of projects that lack a clear and consistent focus. While the Department acknowledges that the activities described in Priority 1 are allowable uses of funds under the Perkins V State grant program, to the extent States and LEAs are using Federal funds for these activities, they can be expanded to ensure these activities reach all students.

Priority 1 is innovative because it promotes the implementation of these activities all together, equitably, and at a scale that will benefit all students in a high school. For example, the opportunity to participate in dual or concurrent enrollment programs (as defined in section 3 of Perkins V) is now limited to a small group of students.

Among the high school class of 2019, only about one-third of white students, about one-quarter of Asian, Native American, and Hispanic students, and less than a fifth of Black students took one or more dual enrollment courses during their time in high school.1 Other research has documented that students from low-income backgrounds are significantly underrepresented among dual enrollment course-takers.2 English learners (ELs) and students with disabilities are also often shut out of dual enrollment opportunities. For example, during the 2017–18 school year, 50 percent of public schools that offered either 11th or 12th grade attended by ELs offered dual enrollment but did not enroll any ELs in such courses, and 37 percent of such schools attended by students with disabilities offered dual enrollment but did not enroll any students with disabilities in such courses.3 Work-based learning opportunities also are uneven in their availability across the country.4

The Department’s hope is that projects that deliver all four Priority 1 components will be evidence-building pioneers whose results will inspire States and LEAs to implement these activities at scale using their own funds, as well as formula grants from the Department that allow these activities.

The Department believes this focused effort will generate greater evidence and improve the outcomes of more students than allowing each applicant to decide how to use limited PIM grant funds.

Changes: None.

Comments: Several commenters recommended that the Department revise Priority 1 to require applicants to address all four components of the priority, rather than only one or more of the components. One commenter urged the Department to amend the priority to require universal student participation in the development of personalized postsecondary and career plans (as defined in this notice), implementation of two of the remaining three components within the grant period, a plan for scaling up all four components during the grant period (or a rationale that describes why this could not be achieved and a timeline for when it would be achieved), and a commitment to develop a plan to sustain these activities after the grant period. Another commenter recommended that the Department revise the priority to require a plan and timeline for implementation of all four components and to amend and weigh the selection criteria so that applicants planning to implement all four components during the grant period are awarded more points by reviewers. Another commenter suggested revising the priority to require applicants to provide a plan for implementing all four components but permit them to focus on implementing only a subset during the grant period.

One commenter recommended that the Department align the priority with the keys to college and career success outlined in the Department’s Raise the Bar: Unlocking Career Success initiative 5 and require projects to strive for universal student participation in the four components.

Discussion: By structuring Priority 1 to allow applicants to implement one or more of four components of career-connected learning, we preserve our flexibility to adjust the number of required components in future grant competitions. For example, in a year in which limited funds are available for a competition, we could use this flexibility to support grantees in pursuing targeted approaches. At the same time, using the ‘‘one or more’’ language allows us to include the priority in a competition as an absolute priority that requires applicants to include all four components. Program Requirement 5 requires grantees to have a project plan that includes benchmarks for implementing one or more of the four keys to career-connected learning by no later than the end of the fifth year of the project. As with Priority 1, Program Requirement 5 is constructed to give the Department flexibility to specify the number of keys to career-connected learning that must be implemented by the end of the project period. We also support the commenter’s suggestion to further align Priority 1 and the Raise the Bar:

Unlocking Career Success initiative where possible, and, based on our own review, changed the language in the priority from ‘‘pillars’’ to ‘‘keys.’’

Changes: We have changed the reference to the four components in Priority 1 from ‘‘pillars’’ to ‘‘keys.’’

Comments: Several commenters expressed concern that Priority 1 was not adequately focused on promoting equitable student participation in career-connected learning. One commenter recommended that Priority 1 be reoriented to emphasize improving the access and success of students who are members of ‘‘special populations’’ 6

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54884 Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations individuals preparing for nontraditional fields, which are occupations or fields of work for which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work; single parents, including single pregnant women; out-of-workforce individuals; English learners; homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); youth who are in, or have aged out of, the foster care system; and youth with a parent who is a member of the armed forces (as such term is defined in section 101(a)(4) of title 10, United States Code);

and is on active duty (as such term is defined in section 101(d)(1) of such title).

7 The White House (2023), Biden-Harris Administration Roadmap to Support Good Jobs (Fact Sheet), May 16, 2023. Retrieved from: https:// www.whitehouse.gov/briefing-room/statements-releases/2023/05/16/biden-harris-administration-roadmap-to-support-good-jobs.

8 Section 3(54) of Perkins V defines ‘‘universal design for learning’’ by cross-referencing the definition of this term in section 8101 of the Elementary and Secondary Education Act of 1965, as amended by Every Student Succeeds Act (ESEA).

Section 8101 of ESEA cross-references the definition in section 103 of the Higher Education Act of 1965, which defines the term as ‘‘a scientifically valid framework for guiding educational practice that—(A) provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and

(B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.’’

9 Taylor, J.L., Allen, T.O., An, B.P., Denecker, C., Edmunds, J.A., Fink, J., Giani, M.S., Hodara, M., Hu, X., Tobolowsky, B.F., & Chen,W. (2022), Research priorities for advancing equitable dual enrollment policy and practice. Salt Lake City, UT:

in Perkins V. Another commenter recommended that Priority 1 focus on promoting equity in student access and outcomes for students of color, students from low-income backgrounds, and females, including by expanding access to higher-wage CTE pathways, such as those that prepare students for Science, Technology, Engineering, and Mathematics (STEM) careers, for students from groups that have been historically underrepresented in such programs.

Discussion: The Department appreciates the concerns of the commenters and agrees that inequities in student access and success should remain an important focus of this program. To that end, we note that Priority 4 requires projects to demonstrate that at least 51 percent of the students they will serve will be from low-income families. Moreover, there are other tools available to the Department to make advancing equity a focus of future PIM grant competitions, such as, for example: (a) the equitable access priorities from the Secretary’s Supplemental Priorities and Definitions for Discretionary Grants Programs published in the Federal Register on December 10, 2021 (86 FR 70612) (Supplemental Priorities); (b) selection criteria from the Education Department General Administrative Regulations (EDGAR) at 34 CFR 75.210(a) that assess the need for a proposed project; and (c) the EDGAR selection criterion at 34 CFR 75.210(d)(2) that evaluates the quality and sufficiency of a proposed project’s strategies for ensuring equal access and treatment for eligible participants who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or disability.

Changes: None.

Comment: One commenter urged the

Department to revise Priority 1 to highlight and encourage applicants to develop and expand access to CTE programs in the construction, transportation, electrification, and manufacturing sectors, which the commenter describes as ‘‘skilled trades.’’ The commenter also recommended adding a definition of ‘‘skilled trades education’’ to make clear that programs that prepare individuals for occupations in these sectors are CTE.

Discussion: We agree with the commenter that addressing the workforce needs of the construction, transportation, electrification, and manufacturing sectors is critically important. Historic investments made through the American Rescue Plan, Bipartisan Infrastructure Law, CHIPS and Science Act, and Inflation Reduction Act, as well as associated private sector investments, will create millions of good-paying jobs rebuilding our infrastructure, supply chains, and manufacturing.7 We will encourage applicants to consider these new opportunities as they develop college and career pathways under this program. We decline, however, to create a special focus on these sectors (or any others) in Priority 1, in favor of giving applicants the flexibility to design projects that are responsive to the most compelling workforce needs in their communities. Section 114(e)(3)(E) of Perkins V requires each applicant to describe how the programs they will implement reflect the needs of regional, State, or local employers, as demonstrated by the biennial comprehensive needs assessment that Perkins V subrecipients must complete under section 134(c) of that Act. In many communities, these will be jobs in the construction, transportation, electrification, and manufacturing sectors. We also decline to add a definition of ‘‘skilled trades education’’ because we do not consider it necessary to use rulemaking authority to clarify that the programs this term describes are allowable uses of funds under PIM.

These programs have long been an important part of CTE, and we affirm that they are eligible uses of PIM funds.

Changes: None.

Comment: One commenter recommended that we require applicants to describe how they will use evidence-based practices, including universal design for learning,8 in carrying out the activities described in Priority 1 to ensure that teachers, school leaders, and industry partners are adequately trained to implement these activities.

Discussion: We appreciate the commenter’s recommendation, but we decline to modify Priority 1 to require the description sought by the commenter because we consider it unnecessary. Because several of the selection criteria assess the likely effectiveness of applicants’ proposed strategies to increase student participation and success in career-connected learning, we anticipate that successful applicants will describe in their applications evidence-based practices, such as universal design for learning, and how they will prepare teachers, school leaders, and industry partners to implement them.

Changes: None.

Comments: Two commenters suggested modifications to Priority 1’s reference to postsecondary credits earned through dual or concurrent enrollment programs. One commenter recommended that the priority specify that earning 12 postsecondary credits is the goal because there is evidence that the benefits of dual enrollment increase with every postsecondary credit earned, at least up to 12 credits. A second commenter urged the Department to amend the priority to specify that dual or concurrent enrollment courses must be part of a guided pathway that begins in 11th grade, and is aligned with postsecondary pathways and postsecondary programs of study, so that students’ participation in dual or concurrent enrollment courses helps them progress toward identified postsecondary degrees or credentials, saving students and their families time and money toward attaining a postsecondary credential.

Discussion: We agree that promoting attainment of at least 12 postsecondary credits through participation in dual or concurrent enrollment programs should be a goal of career-connected high schools because research suggests that the benefits of dual enrollment increase with every postsecondary credit earned, at least up to 12 credits.9 However, we

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University of Utah. Retrieved from: https:// cherp.utah.edu/_resources/documents/ publications/research_priorities_for_advancing_ equitable_dual_enrollment_policy_and_ practice.pdf.

10 Jenkins, D., Lahr, H., Fink, J., and Ganga, E.

(2018), What We Are Learning About Guided Pathways: Part 1: A Reform Moves from Theory to Practice, Community College Research Center, Teachers College, Columbia University. Retrieved from: https://ccrc.tc.columbia.edu/media/k2/ attachments/guided-pathways-part-1-theory-practice.pdf.

11 Mehl, G., Wynder, J., Barnett, E., Fink, J., Jenkins, D. (2020), The Dual Enrollment Playbook:

A Guide to Equitable Acceleration for Students, Community College Research Center and the Aspen Institute College Excellence Program. Retrieved from: https://ccrc.tc.columbia.edu/media/k2/ attachments/dual-enrollment-playbook-equitable-acceleration.pdf.

12 College in High School Alliance (n.d.), The Benefits of College in High School Programs.

Retrieved from: https://collegeinhighschool.org/wp-content/uploads/2022/10/TheBenefitsofCollegein HighSchoolPrograms-1.pdf.

13 College Board (2022), New to AP? Here’s Where to Start. Retrieved from: https:// apcentral.collegeboard.org/about-ap/district-leaders.

14 College Board (2022), Student Scores Distribution: AP Exams May 2022. Retrieved from:

https://apstudents.collegeboard.org/about-ap-scores/score-distributions.

15 Weinstein, P., Jr. (2016), Diminishing Credit:

How Colleges and Universities Restrict the Use of Advanced Placement, Progressive Policy Institute.

Retrieved from: https://www.progressivepolicy.org/ wp-content/uploads/2016/09/MEMO-Weinstein- AP.pdf.

decline to modify Priority 1 to specify that projects must make this the goal for all students, to preserve flexibility for applicants to design projects that are responsive to the needs of their students and local circumstances and resources.

Instead, we are establishing an application requirement that directs applicants to describe how they will seek to increase not only the number of students who earn any postsecondary credits through dual or concurrent enrollment programs but also how they will seek to increase the average number of postsecondary credits earned by students to 12 or more. To measure the progress of grantees in pursuing those goals, we also are establishing an additional reporting requirement that will collect data on the average number of postsecondary credits earned by students.

We agree that participation in dual or concurrent programs should be part of a defined program of study so that students may advance toward their college and career goals and accelerate their attainment of a postsecondary credential. As the commenter suggests, where institutions of higher education (IHEs) are restructuring their programs around broad career pathways, which are sometimes described as ‘‘guided pathways,’’ 10 dual or concurrent programs should be integrated into these efforts so that students and their families have clear program maps showing how each postsecondary course adds up to a postsecondary credential.11 We decline the commenter’s recommendation to specify that these programs must commence in 11th grade, however, to give grantees flexibility in designing these programs of study.

Changes: We added a fifth application requirement that applicants include in their applications a description of how they will seek to increase the proportion of students who earn any postsecondary credits from participation in dual or concurrent enrollment programs, and how, over the 60-month project period, they also will seek to increase the average number of postsecondary credits earned by students to 12 or more. We also revised the program evaluation requirements to require grantees to report annually on the average number of postsecondary credits earned by students through participation in dual or concurrent enrollment programs and the extent to which students attain any postsecondary credits and at least 12 postsecondary credits in a program of study that culminates with an associate, bachelor’s, or advanced degree, or completion of a Registered Apprenticeship Program.

We modified the dual or concurrent enrollment component of Priority 1 to specify that these postsecondary credits must be part of a program of study that culminates with an associate, bachelor’s, or advanced degree, or completion of a Registered Apprenticeship Program. In addition, we made several conforming changes to Priority 1 to reflect the new program of study requirement. Because programs of study will integrate both secondary and postsecondary content, we modified Priority 1 to indicate that the 5-year plan it requires must not only provide for the alignment of secondary and postsecondary education but also the integration of the two. We also modified Application Requirement 3, which relates to the 5-year plan, to conform with the change to the 5-year plan in Priority 1. Because programs of study may begin earlier than the last two years of high school, we also deleted the reference in Priority 1 to the last two years of high school and now specify that the plan address alignment and integration of high school generally with the first two years of postsecondary education.

Comments: One commenter asked the Department to clarify whether Priority 1’s goal of substantially increasing the proportion of students who graduate from high school with postsecondary credits earned from dual or concurrent enrollment programs could be satisfied through student participation in Advanced Placement (AP) courses, expressing the view that students who score highly on AP examinations also receive postsecondary credit. A second commenter supported excluding participation in AP courses from the priority because, the commenter maintained, students rarely receive postsecondary credit even if they receive a high score on the associated examinations.

Discussion: AP courses can be a valuable part of a well-rounded education and may be included in programs of study developed and implemented with grant funds under this program. However, Priority 1 specifically promotes participation in dual or concurrent programs as one of the four keys to college and career success, because such programs enable students to earn postsecondary credits immediately upon completion of each course, and these credits may usually be transferred to other colleges and universities after the student completes high school.12 Accumulating postsecondary credit through AP courses is less certain. Students must first achieve a designated score, typically 3 or higher on a single examination; 13 in 2022, the percentage of AP test-takers who failed to score 3 or higher ranged from 11.7 percent in Art and Design: Drawing to 56.7 percent in Physics 1.14 Students then must petition the IHE in which they enroll to seek the postsecondary credit. One study found that most colleges and universities imposed restrictions on the award of credit for AP test scores, such as requiring a score higher than 3, restricting the subject areas in which credit could be awarded, limiting the awarded credit to elective coursework, or limiting the total amount of credit a student could receive.15 In addition, dual or concurrent programs are typically available for a wider range of disciplines than the 38 subject areas in which there are AP examinations, such as health science, engineering technology, and other postsecondary CTE programs. Dual or concurrent programs also require LEAs and schools to establish close partnerships with the IHEs offering the postsecondary programming, which can benefit students in other ways, such as by improving the alignment of curriculum and the readiness of high school graduates to enter postsecondary education without need for remediation.

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54886 Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

16 Institute of Education Sciences, U.S.

Department of Education (2017), What Works Clearinghouse Intervention Report: Dual Enrollment Programs. Retrieved from: https://ies.ed.gov/ncee/ wwc/Docs/InterventionReports/wwc_dual_ enrollment_022817.pdf.

17 D’Antoni, K. (2019), Simulated Workplaces in West Virginia, State Education Standard, volume 19 number 3 (September 2019), National Association of State Boards of Education. Retrieved from:

https://eric.ed.gov/?id=EJ1229651.

Further, there is compelling evidence that participation in dual or concurrent programs not only has positive effects on postsecondary outcomes like postsecondary enrollment and degree attainment, but also high school outcomes such as graduation and general academic achievement.16

Changes: None.

Comments: We received a number of comments on the work-based learning component of Priority 1. Several commenters supported the inclusion of the work-based learning opportunity component in Priority 1. One commenter expressed concern that it would be difficult for grantees to increase participation in work-based learning opportunities for immigrant students who lack documentation that enables them to work in the United States. One commenter supported the requirement that wages or academic credit be provided to students for completing work-based learning opportunities, and encouraged the Department to retain this requirement, because compensated work-based learning experiences result in higher levels of satisfaction for students than those that are uncompensated. Another commenter maintained that the definition of work-based learning opportunity used in the NPP, which is from section 3 of Perkins V, did not include a wide range of relevant experiences and should be enhanced to include applied learning activities that are not implemented in the context of work because they also enable students to contextualize and apply the knowledge and skills taught in classrooms. Another commenter recommended that the work-based learning component of Priority 1 give students multiple means to demonstrate what they have learned through work-based learning and that teachers, work-based learning coordinators, and industry partners be trained to assess student performance through multiple means. One commenter highlighted a noteworthy innovation that offers postsecondary credit and work experience simultaneously through work-based dual credit courses that are co-taught by college faculty and employer supervisors, using the workplace as a learning lab, with at least 20 percent of the course taught at the workplace by an employer instructor.

The commenter recommended that this innovation be considered a work-based learning opportunity under Perkins V.

Discussion: We appreciate the commenters’ support for the work-based learning component of Priority 1. We understand the concerns of the commenter who described the challenges associated with identifying work-based learning opportunities for students who lack documentation that authorizes them to work in the United States. We note that the definition of work-based learning in Perkins V includes both actual work in authentic workplace settings and also simulated work in classroom environments.

Simulated work in classroom environments may be useful in helping these students, as well as those in remote, rural communities develop professional skills. The State of West Virginia, for example, has received considerable attention for the innovative Simulated Workplace program that it has implemented statewide.17

We appreciate the support of the commenter for the requirement in Priority 1 that students earn academic credit or wages for their participation in work-based learning opportunities.

The Department agrees with the commenter who expressed the view that applied learning activities can be valuable even when they are not implemented in the context of work.

While the definition of work-based learning opportunity in Perkins V does not include such applied learning opportunities, the statutory definition of CTE includes applied learning activities and does not require that they be implemented in the context of work.

Consequently, projects may carry out the activities the commenter recommends notwithstanding the exclusion of applied learning from the definition of work-based learning in Perkins V.

We agree with the commenter who stressed the importance of training teachers, work-based learning coordinators, and industry partners in assessing student participation in work-based learning opportunities, but we decline to impose this as a Priority 1 requirement to preserve applicants’ flexibility to accommodate local circumstances and contexts. The Department may include assessing work-based learning in the technical assistance we intend to provide PIM grantees, however. Similarly, with respect to work-based dual credit courses, we affirm that such courses are consistent with the definition of work-based learning opportunity in Perkins V, but do not believe it is necessary to specify this in Priority 1.

Changes: None.

Comments: A few commenters recommended revisions to Priority 1 relating to the personalized postsecondary and career plans that are developed and updated annually through a system of career guidance and academic counseling and postsecondary education navigation supports. One commenter urged the Department to specify that the personalized postsecondary education and career plan must provide multiple entry points, be accessible to all students, including students with and without disabilities, be co-designed with students, and include ways for students to interact with role models or mentors from similar backgrounds and with similar life experiences. These amendments, the commenter contends, would strengthen this component of Priority 1 by grounding it in research and best practices. Another commenter urged the Department to expand this component of the priority to include comprehensive wraparound supports to promote the successful participation of all students, including tutoring, mentoring, foundational coursework, and payment of any required participation costs. Another commenter stated that Priority 1 would be more effective if it specified that a project must include professional development to train student advisers in delivering career coaching that is culturally competent and informed by accurate and current labor market information.

Further, this commenter continued, Priority 1 should require that students participate in a carefully sequenced set of career development activities, such as completing career interest inventories and participating in mock interviews.

Another commenter urged the Department to clarify that youth-serving organizations may be sources of career exploration and support for education and career planning assistance, noting an example of a youth-serving organization that provides counseling and career planning to students participating in internships in out-of-school time hours.

Discussion: We appreciate the commenters’ support for personalized postsecondary and career plans. With respect to the recommendation that these plans provide multiple entry points and be co-designed with students, we note that Priority 1 already specifies that the plans must be updated annually, and the definition of personalized postsecondary and career

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54887 Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations plans already requires that these plans be developed with students and, to the greatest extent practicable, the student’s family or guardian. All of the activities funded by PIM must meet or be consistent with the requirements of the Individuals with Disabilities Education Act and section 504 of the Rehabilitation Act. For this reason, while we appreciate the commenter’s recommendation that we modify the priority to indicate that the plans be accessible to students with disabilities, we believe this is already required. We agree that providing students with mentors is a commendable practice, but we decline to require this in Priority 1 or the definition of personalized postsecondary and career plans, to give applicants flexibility to design a system of career guidance and academic counseling and postsecondary education navigation supports that reflects local needs, assets, and resource limitations. We agree with the commenter who emphasized the importance of providing students with comprehensive wraparound support services, and so we have modified the definition of personalized postsecondary and career plan to indicate that the plan must identify any wraparound supports a student will need to carry out the activities and pursue the goals described in the plan.

We also agree with the commenter who recommended that we require students to receive culturally responsive career coaching and advising that is informed by the labor market and delivered by trained personnel, and we have modified Priority 1 accordingly. We decline to amend the definition of personalized postsecondary and career plan to require a specific sequence of career development activities, to preserve applicant flexibility. We affirm that youth-serving organizations can be useful partners in supporting the career exploration and identification of postsecondary education and career goals. We plan to support this work in our technical assistance to applicants and grantees.

Changes: We modified Priority 1 to indicate that the system of career guidance and academic counseling (as defined in section 3(7) of Perkins V) and postsecondary education navigation must include college and career coaching by trained advisors that is culturally responsive and informed by accurate and current labor market information. We modified the definition of personalized postsecondary and career plan to specify that it must identify any comprehensive wraparound support services that a student may need to carry out the activities and pursue the goals described in the plan.

Priority 2—Partnership Applications.

Comments: Several parties expressed support for the focus in Priority 2 on applications that include as partners at least one business or industry representative, a local educational agency (LEA) or other entity eligible to receive assistance under section 131 of Perkins V, and an IHE eligible to receive assistance under section 132 of Perkins V. Three commenters recommended that the Department add other categories of required partners to the priority. One commenter urged the Department to require the inclusion of an entity that would coordinate work-based learning opportunities for the project, contending that such entities were necessary to ensure the work-based learning opportunities were high-quality and successful. Similarly, another commenter recommended including an intermediary organization to facilitate and maintain relationships among schools and LEAs, IHEs, and employers to ensure the quality, consistency, and scale of work-based learning opportunities, better leverage resources, improve data collection, and make the partnership sustainable in the long-term. The same commenter also urged the Department to require the inclusion of local workforce development boards as partners, to leverage resources available under Title I of the Workforce Innovation and Opportunity Act (WIOA) and help educators and students access and interpret labor market information. A third commenter recommended adding as a required partner a local teachers union, school staff union or organization, or a representative organization of teachers, so that teachers understand the work for which students are being prepared and the skills they will need to be successful. Another commenter recommended adding afterschool and summer learning programs to the list of optional partners.

Discussion: We appreciate the commenters’ thoughtful support for the partnership priority. We agree that qualified intermediaries (as defined by section 3 of Perkins V) can be helpful partners in coordinating work-based learning opportunities and in facilitating relationships among the partners, and we strongly recommend that prospective applicants consider including a qualified intermediary in partnerships they develop to meet Priority 2 or 3. We decline to require the inclusion of a qualified intermediary in the partnership out of concern that appropriate intermediaries may not be available in every community, but we modified Priority 2 to indicate that qualified intermediaries may be optional partners. We decline to mandate the inclusion of workforce development boards, local unions, or other representatives of teachers and faculty in each partnership, to preserve applicant flexibility to accommodate local circumstances, but we agree that these entities can make useful contributions to a project and should be identified as optional partners. We also agree that afterschool and summer learning programs should be identified as optional partners, because they can make valuable contributions to expanding student access to the keys to career-connected learning.

Changes: We modified Priority 2 to identify as optional partners qualified intermediaries, local teachers unions or school staff unions or other representatives of teachers and faculty, and afterschool and summer learning programs. For consistency, we also made these changes to Priority 3.

Comments: Two commenters recommended that we modify the specifications for some required partner categories. One commenter urged the Department to require including at least two employers in sectors aligned with regional labor market needs, rather than a single business and industry representative, and to specify that these employers must make explicit commitments to participate actively in the project’s leadership, assist the grantee in designing career pathways that will prepare students for in-demand skills and include certifications with labor market value, help develop a continuum of work-based learning opportunities, and offer students a wide range of such work-based learning opportunities.

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