On May 21, the U.S. Department of Education (ED) published, “Proposed Priorities and Definitions-Secretary’s Supplemental Priorities and Definitions on Evidence-Based Literacy, Education Choice, and Returning Education to the States” in the Federal Register. The proposed rule is part of the federal rulemaking process used by government agencies to notify the public of changes in the execution of laws and allows for public input on the intended changes.
The proposed rule relates to discretionary grant programs, which are competitive grants awarded based on applications submitted to ED and are distinct from formula grants that make up the bulk of K-12 funding from the federal government. The proposal outlines three new priorities that will be used when awarding grants in existing programs and future programs: Promoting evidence-based literacy, expanding education choice, and returning education to the states. These three priorities are meant to replace the six previously published priorities from the Biden Administration, which included addressing the impact of COVID-19, promotion of equity in student access to resources, and meeting student social-emotional and academic needs, among other themes.
Each priority in the proposed rule includes a section of background information that details why the priority is needed, as well as the projects or proposal types that would be relevant to the priority. For example, according to ED, the promoting evidence-based literacy priority is established to achieve the goal of “ensuring that every student in America becomes proficient in reading,” so projects or proposals that advance, increase or focus on evidence-based literacy instruction (as defined in the proposed rule) will be considered in line with this priority.
The expanding education choice priority will allow families rather than the government, as described by the proposed rule, to choose the education setting that is best for their children. Projects or proposals to be considered in line with this priority include, but are not limited to, those that increase access to charter schools and other “innovative school models,” expand access through open enrollment or course-based choice, and support state and local development or implementation of education savings accounts. Last, returning education to the states is needed because “as the Department transitions toward closure, it is more critical than ever for States to rise to the occasion and lead with urgency and vision.” Projects or proposals that are carried out by governors, state higher education agencies, and other state actors are the preference for this priority.
The proposed rule also describes the categories or “types” of priority that may be used for any given discretionary grant program. These categories indicate the extent to which a submitted application would be required to satisfy the applicable priority in order for it to be competitive. There are absolute, competitive preference and invitational categories for the priorities. The proposed rule also provides definitions of terms that will be used when executing the priorities, providing additional information about what is expected in each of the three priorities.
The next step in the rulemaking process is the public comment period during which members of the public may respond to the proposed rule with feedback and suggestions for improvement or concerns they may have before it is finalized. Comments can be submitted through the Federal eRulemaking Portal as outlined in the proposed rule and are due by June 20. After June 20, all the submitted comments will be reviewed, considered and incorporated as ED sees fit. With those steps completed, the revised priorities (if any changes are made based on the comments) will be published as a final rule.
