[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Notices]
[Pages 24744-24746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11346]




[[Page 24743]]

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Part VIII





Department of Education





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Public Charter Schools Program; New Awards for Fiscal Year 1995; 
Invitation to Apply; Notice

  Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Notices 
   
[[Page 24744]] 

DEPARTMENT OF EDUCATION

[CFDA No.: 84.282A]


Public Charter Schools Program, Notice Inviting Applications for 
New Awards for Fiscal Year (FY) 1995

    Purpose of Program: The purpose of the Public Charter Schools 
program is to increase understanding of the charter schools model by 
providing financial assistance for the design and initial 
implementation of charter schools.
    Eligible Applicants: State educational agencies (SEAs) that have 
the authority under State law to authorize or approve a charter school, 
and, if such an SEA elects not to participate in this program, eligible 
applicants, as defined in this notice, that serve these States. Each 
eligible applicant that is not an SEA and desires to participate in 
this competition is responsible for finding out if the SEA in its State 
is applying for a grant under this program. An eligible applicant that 
is not an SEA that plans to participate in this competition must submit 
an application in partnership with a developer--as defined in this 
notice.

    Note: If an eligible SEA applies but does not have an 
application approved under this competition, the Secretary may issue 
a separate notice at a later date inviting eligible applicants that 
are not SEAs and that serve such State or States to apply directly 
to the Secretary for a grant to plan and implement a charter school.

    Deadline for Transmittal of Applications: June 16, 1995.
    Deadline for Intergovernmental Review: August 15, 1995.
    Applications Available: May 15, 1995.
    Available Funds: $5,400,000.
    Estimated Range of Awards: State educational agencies: $50,000- 
$750,000; other eligible applicants: $10,000-$200,000.
    Estimated Average Size of Awards: State educational agencies: 
$500,000; other eligible applicants: $50,000.
    Estimated Number of Awards: State educational agencies: 5-11; other 
eligible applicants: 3-20.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: State educational agencies: Up to 36 months. Other 
eligible applicants: Grants awarded by the Secretary to eligible 
applicants or subgrants awarded by SEAs to eligible applicants will be 
awarded for a period of up to 36 months, of which the eligible 
applicant may use--
    (a) Not more than 18 months for planning and program design; and
    (b) Not more than two years for the initial implementation of a 
charter school.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR Parts 75 (except 75.210), 
77, 79, 80, 81, 82, 85 and 86.

    SUPPLEMENTARY INFORMATION: A part of wider efforts to enhance 
flexibility in order to strengthen teaching and learning, charter 
schools represent an innovative approach to improving public education. 
Public charter schools are freed from most statutory and regulatory 
requirements in exchange for better student academic achievement. The 
idea is to replace rules-based governance with performance-based 
accountability, thereby stimulating the creativity and commitment of 
teachers, parents, students, and citizens.

Definitions

    As used in this program--
    (a) The term ``charter school'' means a public school that--
    (1) In accordance with an enabling State statute, is exempted from 
significant State or local rules that inhibit the flexible operation 
and management of public schools, but not from any rules relating to 
the other requirements of this definition;
    (2) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (3) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (4) Provides a program of elementary or secondary education, or 
both;
    (5) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (6) Does not charge tuition;
    (7) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, and part B of the 
Individuals With Disabilities Education Act;
    (8) Admits students on the basis of a lottery, if more students 
apply for admission than can be accommodated;
    (9) Agrees to comply with the same Federal and State audit 
requirements as do other elementary and secondary schools in the State, 
unless the requirements are specifically waived for the purposes of 
this program;
    (10) Meets all applicable Federal, State, and local health and 
safety requirements; and
    (11) Operates in accordance with State law.
    (b) The term ``developer'' means an individual or group of 
individuals (including a public or private nonprofit organization), 
which may include teachers, administrators and other school staff, 
parents, or other members of the local community in which a charter 
school project will be carried out.
    (c) The term ``eligible applicant'' means an authorized public 
chartering agency participating in a partnership with a developer to 
establish a charter school in accordance with this program.
    (d) The term ``authorized public chartering agency'' means a State 
educational agency, local educational agency, or other public entity 
that has the authority under State law and approved by the Secretary to 
authorize or approve a charter school.

Contents of a State Educational Agency Application

    Each SEA application shall--
    (a) Describe the objectives of the SEA's charter school grant 
program and how those objectives will be fulfilled, including steps 
taken by the SEA to inform teachers, parents, and communities of the 
SEA's charter school grant program;
    (b) Contain assurances that the SEA will require each eligible 
applicant desiring to receive a subgrant to submit an application to 
the SEA containing--
    (1) A description of the educational program to be implemented by 
the proposed charter school, including (A) how the program will enable 
all students to meet challenging State student performance standards; 
(B) the grade levels or ages of children to be served; and (C) the 
curriculum and instructional practices to be used;
    (2) A description of how the charter school will be managed;
    (3) A description of (A) the objectives of the charter school; and 
(B) the methods by which the charter school will determine its progress 
toward achieving those objectives;
    (4) A description of the administrative relationship between the 
charter school and the authorized public chartering agency;
    (5) A description of how parents and other members of the community 
will be involved in the design and implementation of the charter 
school;
    (6) A description of how the authorized public chartering agency 
will provide for continued operation of the school once the Federal 
grant has expired, if the agency determines that the school has met the 
objectives described in subparagraph (3)(A); [[Page 24745]] 
    (7) A request and justification for waivers of any Federal 
statutory or regulatory provisions, except Federal civil rights laws, 
that the applicant believes are necessary for the successful operation 
of the charter school, and a description of any State or local rules, 
generally applicable to public schools, that will be waived for, or 
otherwise not apply to, the school;
    (8) A description of how the subgrant funds will be used, including 
a description of how these funds will be used in conjunction with other 
Federal programs administered by the Secretary;
    (9) A description of how students in the community will be (A) 
informed about the charter school; and (B) given an equal opportunity 
to attend the charter school;
    (10) An assurance that the eligible applicant will annually provide 
the Secretary and the SEA information as may be required to determine 
if the charter school is making satisfactory progress toward achieving 
the objectives described in subparagraph (3)(A);
    (11) An assurance that the applicant will cooperate with the 
Secretary and the SEA in evaluating the charter school assisted under 
this program; and
    (12) Other information and assurances as the Secretary and the SEA 
may require;
    (c) Contain assurances that the SEA will--
    (1) Award subgrants under this program in a manner that, to the 
extent possible, subgrants are distributed throughout different areas 
of the State, including urban and rural areas;
    (2) Assist charter schools representing a variety of educational 
approaches, such as approaches to reduce school size;
    (3) Use the grant funds to award subgrants to one or more eligible 
applicants in the State to enable the applicant to plan and implement a 
charter school in accordance with this program; and
    (4) Use a peer review process to review applications for subgrants;
    (d) If an SEA elects to reserve part of the grant funds for the 
establishment of a revolving loan fund as allowed under this program, 
describe how the revolving loan fund would operate; and
    (e) If an SEA desires the Secretary to consider waivers under the 
authority of this program, contain--
    (1) a request and justification for waivers of any Federal 
statutory or regulatory provisions that the SEA believes are necessary 
for the successful operation of a charter school, and
    (2) a description of any State or local rules, generally applicable 
to public schools, that will be waived for, or otherwise not apply to, 
a charter school.

Contents of a non-SEA Application

    Each application submitted to the Secretary by an eligible 
applicant that is not an SEA shall contain--
    (a) The information and assurances described in (b) (1) through 
(12) under the section ``Contents of a State Educational Agency 
Application,'' except that subparagraphs (10), (11), and (12) shall be 
applied by striking ``and the SEA'' where this phrase appears;
    (b) Assurances that the SEA--
    (1) Will grant, or will obtain, waivers of State statutory or 
regulatory requirements; and
    (2) Will assist each eligible applicant in the State in receiving 
applicable waivers; and
    (c) Assurance that the eligible applicant will use the funds to 
plan and implement a charter school in accordance with this program.

Selection Criteria for SEAs

    The maximum score for all of the criteria in this section is 100 
points. The maximum score for each criterion is indicated in 
parentheses with the criterion. In evaluating an application from an 
SEA the Secretary will consider the following factors:
    (a) The contribution that the charter schools grant program will 
make to assisting educationally disadvantaged and other students to 
achieve State content standards and State student performance standards 
and, in general, a State's education improvement plan (20 points);
    (b) The degree of flexibility afforded by the SEA to charter 
schools under the State's charter schools law (20 points);
    (c) The ambitiousness of the objectives for the State charter 
school grant program (20 points);
    (d) The quality of the strategy for assessing achievement of those 
objectives (20 points); and
    (e) The likelihood that the charter school grant program will meet 
those objectives and improve educational results for students (20 
points).

Selection Criteria for non-SEA Eligible Applicants

    The maximum score for all of the criteria in this section is 120 
points. The maximum score for each criterion is indicated in 
parentheses with the criterion. In evaluating an application from an 
eligible applicant other than an SEA the Secretary will consider the 
following factors:
    (a) The quality of the proposed curriculum and instructional 
practices (20 points);
    (b) The degree of flexibility afforded by the SEA and, if 
applicable, the local educational agency, to the charter school (20 
points);
    (c) The extent of community support for the application (20 
points);
    (d) The ambitiousness of the objectives for the charter school (20 
points);
    (e) The quality of the strategy for assessing achievement of those 
objectives (20 points); and
    (f) The likelihood that the charter school will meet those 
objectives and improve educational results for students (20 points).

Diversity of Projects

    The Secretary will ensure that grants--
    (a) Are distributed throughout different areas of the Nation and 
each State, including urban and rural areas; and
    (b) Will assist charter schools representing a variety of 
educational approaches, such as approaches designed to reduce school 
size.

Empowerment Zones and Enterprise Communities

    The Secretary especially invites applications that address linkages 
between charter school initiatives and any comprehensive educational 
improvement strategies of Empowerment Zones and Enterprise Communities 
designated by the Departments of Agriculture or Housing and Urban 
Development.

Waivers

    The Secretary may waive any statutory or regulatory requirement 
over which the Secretary exercises administrative authority except any 
requirement relating to the elements of a charter school, as defined 
above, if--
    (a) The waiver is requested in an approved application under this 
program; and
    (b) The Secretary determines that granting such a waiver will 
promote the purposes of this program.
    The Secretary strongly urges applicants to provide the public with 
notice and an opportunity to comment on waiver requests. In addition, 
the Secretary has determined, as a matter of policy, that waivers of 
Title II of the Americans with Disabilities Act of 1990 will not be 
granted.

Allowable Activities

    An eligible applicant receiving a grant or subgrant under this 
program may use the grant or subgrant funds only for--
    (a) Post-award planning and design of the educational program, 
which may [[Page 24746]] include (1) refinement of the desired 
educational results and of the methods for measuring progress toward 
achieving those results; and (2) professional development of teachers 
and other staff who will work in the charter school; and
    (b) Initial implementation of the charter school, which may include 
(1) informing the community about the school; (2) acquiring necessary 
equipment and educational materials and supplies; (3) acquiring or 
developing curriculum materials; and (4) other initial operating costs 
that cannot be met from State or local sources.

Administrative Expenses

    Each SEA receiving a grant under this program may reserve not more 
than five percent of the grant for administrative expenses related to 
the charter school grant program assisted under this program.

Revolving Loan Funds

    Each SEA receiving a grant under this program may reserve not more 
than 20 percent of the grant amount for the establishment of a 
revolving loan fund, which the SEA would use to make loans to its 
subgrantees to defray initial operating costs of the charter school.
    For Applications or Information Contact: John Fiegel, U.S. 
Department of Education, 600 Independence Avenue, SW., Portals Room 
4504D, Washington, DC. 20202-6140. Telephone (202) 260-2671. Internet 
[email protected]. Individuals who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, 
Monday through Friday.
    Information about the Department's funding opportunities, including 
copies of application notices for discretionary grant competitions, can 
be viewed on the Department's electronic bulletin board (ED Board), 
telephone (202) 260-9950; or on the Internet Gopher Server at 
GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases). 
However, the official application notice for a discretionary grant 
competition is the notice published in the Federal Register.

    Program Authority: 20 U.S.C. 8061-8067.

    Dated: May 1, 1995.
Thomas W. Payzant,
Assistant Secretary Elementary and Secondary Education.
[FR Doc. 95-11346 Filed 5-8-95; 8:45 am]
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