[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Pages 33717-33719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16509]


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DEPARTMENT OF EDUCATION
[CFDA No.: 84.282A]


Public Charter Schools Program; Notice Inviting Applications for 
New Awards for Fiscal Year (FY) 1996

Purpose of Program

    A major purpose of the Public Charter Schools grant program is to 
increase understanding of the charter schools model by providing 
financial assistance for the design and initial implementation of 
charter schools.

Who May Apply

    (a) State educational agencies (SEAs) in States with laws 
authorizing the establishment of charter schools. The Secretary awards 
grants to SEAs to enable them to conduct charter schools programs in 
their States. SEAs use their Public Charter Schools funds to award 
subgrants to ``eligible applicants,'' as defined in this notice, for 
planning, program design, and initial implementation of a charter 
school.
    (b) Under certain circumstances, an authorized public chartering 
agency participating in a partnership with a charter school developer. 
Such a partnership is eligible to receive funding directly from the 
U.S. Department of Education if--
    (1) Its SEA elects not to participate in this competition; or
    (2) Its SEA does not have an application approved under this 
program.
    If an SEA's application is approved in this competition, 
applications received from non-SEA eligible applicants in that State 
will be returned to the applicants. In such a case, the eligible 
applicant should contact the SEA for information related to its 
subgrant competition.

    Note: The following States currently have approved applications 
under this program: Arizona, California, Colorado, Georgia, 
Louisiana, Massachusetts, Michigan, Minnesota, Oregon, and Texas. In 
these States, only the SEA is eligible to receive an award under 
this competition. Eligible applicants in these States should contact 
their respective SEAs for information about participation in the 
State's charter school program.

    Deadline for Transmittal of Applications: August 16, 1996.
    Deadline for Intergovernmental Review: October 15, 1996.
    Applications Available: July 2, 1996.
    Available Funds: $11,500,000.
    Estimated Range of Awards: State educational agencies: $250,000-
$1,000,000 per year; other eligible applicants: $25,000-$200,000 per 
year.
    Estimated Average Size of Awards: State educational agencies: 
$750,000 per year; other eligible applicants: $50,000 per year.
    Estimated Number of Awards: State educational agencies: 10-20; 
other eligible applicants: 3-20.

    Note: These estimates are projections for the guidance of 
potential applicants. The Department is not bound by any estimates 
in this notice.

Project Period

    State educational agencies: Up to 36 months. Eligible applicants: 
Grants awarded by the Secretary directly 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.

Priority

    Under 34 CFR 75.105(c)(1) the Secretary is particularly interested 
in applications that meet the following invitational priority. However, 
an application that meets this invitational priority does not receive 
absolute or competitive preference over other applications:

Invitational Priority--Empowerment Zones and Enterprise Communities

    Projects that address linkages between charter school initiatives 
and comprehensive educational improvement strategies undertaken in 
Empowerment Zones and Enterprise Communities designated by the 
Departments of Agriculture or Housing and Urban Development.

Supplementary Information

    As part of wider education reform efforts to strengthen teaching 
and learning, charter schools can be an innovative approach to 
improving public education and expanding public school choice. While 
there is no one model, public charter schools are freed from most 
statutory and regulatory requirements in exchange for better student 
academic achievement. They replace rules-based governance with 
performance-based accountability, thereby stimulating the creativity 
and commitment of teachers, parents, students, and citizens.
    The following definitions, required contents of applications, 
selection criteria, diversity of projects requirements, waivers, and 
allowable activities are taken directly from the public charter schools 
statute, in title X, part C, of the Elementary and Secondary Education 
Act. They are being repeated in this application notice for the 
convenience of the applicant.

Definitions

    The following definitions apply to this program:
    (a) 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) Developer means an individual or group of individuals 
(including a public

[[Page 33718]]

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) 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) Authorized public chartering agency means a State educational 
agency, local educational agency, or other public entity that has the 
authority under State law and is approved by the Secretary to authorize 
or approve a charter school.

Contents of a State Educational Agency Application

    Each SEA application must--
    (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--
    (i) How the program will enable all students to meet challenging 
State student performance standards;
    (ii) The grade levels or ages of children to be served; and
    (iii) The curriculum and instructional practices to be used;
    (2) A description of how the charter school will be managed;
    (3) A description of--
    (i) The objectives of the charter school; and
    (ii) 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 paragraph (b)(3)(i);
    (7) A request and justification for waivers of any Federal, 
statutory, or regulatory provisions 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
    (i) Informed about the charter school; and
    (ii) Given an equal opportunity to attend the charter school;
    (10) An assurance that the eligible applicant will annually provide 
the Secretary and the SEA any information that may be required to 
determine if the charter school is making satisfactory progress toward 
achieving the objectives described in paragraph (b)(3)(i);
    (11) An assurance that the applicant will cooperate with the 
Secretary and the SEA in evaluating the charter school assisted under 
this program;
    (12) Other information and assurances that the Secretary and the 
SEA may require; and
    (13) As required by section 427 of the General Education Provisions 
Act (GEPA), a description of proposed steps to ensure equitable access 
to, and participation in, its federally assisted program. The statute, 
which allows applicants discretion in developing the required 
description, highlights six types of barriers that can impede equitable 
access or participation: gender, race, national origin, color, 
disability, or age. Applicants may use local circumstances to determine 
the extent to which these or other barriers prevent equitable 
participation by students, teachers, parents, or other community 
members. The description need not be lengthy, but it should include a 
clear and succinct description of how the applicant plans to address 
those barriers that are applicable to its circumstances;
    (c) Contain additional assurances that the SEA will--
    (1) Assist charter schools representing a variety of educational 
approaches, such as approaches to reduce school size;
    (2) 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;
    (3) Use a peer review process to review applications for subgrants; 
and
    (4) Reserve not more than 5 percent of grant funds for 
administrative expenses associated with this program; and
    (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.

Contents of a Non-SEA Application

    Each application from an eligible applicant that is not an SEA, 
whether submitted directly to the Secretary or to an SEA, must 
contain--
    (a) The information and assurances described in paragraphs (b)(1) 
through (b)(13) under the section ``Contents of a State Educational 
Agency Application,'' except that paragraphs (b)(10), (b)(11), and 
(b)(12) must be applied by striking ``and the SEA'' where this phrase 
appears; and
    (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.

Selection Criteria for SEAs

    The maximum possible score for all of the criteria in this section 
is 100 points. The maximum possible score for each criterion is 
indicated in parentheses following each criterion. In evaluating an 
application from an SEA the Secretary considers the following criteria:
    (a) The contribution that the charter schools grant program will 
make in assisting educationally disadvantaged and other students to 
achieve State content standards, 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 
schools grant program (20 points).
    (d) The quality of the strategy for assessing achievement of those 
objectives (20 points).
    (e) The likelihood that the charter schools grant program will meet 
those objectives and improve educational results for students (20 
points).

Selection Criteria for Non-SEA Eligible Applicants

    The maximum possible score for all of the criteria in this section 
is 120 points. The maximum possible score for each criterion is 
indicated in parentheses following each criterion. In evaluating an 
application from an eligible

[[Page 33719]]

applicant other than an SEA the Secretary considers the following 
criteria:
    (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).
    (f) The likelihood that the charter school will meet those 
objectives and improve educational results for students (20 points).

Diversity of Projects

    The Secretary and SEAs will, to the extent possible, 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.

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 in 
the ``Definitions'' section of this notice, 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 may not waive the requirements of 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. In addition, a charter school may not 
obtain waivers of requirements of the Americans with Disabilities Act 
of 1990. The Secretary strongly urges applicants to provide the public 
with notice of and an opportunity to comment on waiver requests.

Allowable Activities

    An eligible applicant receiving a grant or subgrant under this 
program may use the grant or subgrant funds for only--
    (a) Post-award planning and design of the educational program, 
which may 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.
    For Applications or Information Contact: John Fiegel, U.S. 
Department of Education, 600 Independence Avenue, S.W., Room 4512, 
Portals Building, Washington, D.C. 20202-6140. Telephone (202) 260-
2671. Internet address: [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; on the Internet Gopher Server at 
GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases); or 
on the World Wide Web (at http://www.ed.gov/money.html). 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: June 19, 1996.
Gerald N. Tirozzi,
Assistant Secretary, Elementary and Secondary Education.
[FR Doc. 96-16509 Filed 6-27-96; 8:45 am]
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