[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Notices]
[Pages 26492-26494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12618]


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DEPARTMENT OF EDUCATION

[CFDA No.: 84.282A]


Public Charter Schools Program; Notice Inviting Applications for 
New and Supplemental Awards for Fiscal Year (FY) 1997

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 charter 
schools.
    (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) The SEA in its State elects not to participate in this 
competition; or
    (2) The SEA in its State 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.

Current Grantees

    In FY 1997, the Department received a substantial increase in its 
appropriation for this program. As a result, the average size of awards 
for this competition is expected to be larger than it has been in 
previous years, and all ``high quality'' eligible applications are 
expected to receive some funding. In an effort to bring current 
grantees up to a comparable level of funding, the Department is also 
inviting current grantees to apply for supplements to their existing 
grants by requesting supplemental funds on a noncompetitive basis or by 
submitting amendments to their approved applications under this 
competition. A grantee may request either a noncompetitive supplement 
to its current grant or an amendment to its approved application, or 
both, depending on the needs of the grantee. The following information 
and examples are provided to help grantees determine an appropriate 
course of action.
    (a) Requests for Supplemental Funds: A current grantee may propose 
changes to the scope of its charter schools grant by submitting a 
written request for a supplement to its existing grant. Such request 
may be submitted to the Department at any time, and will be reviewed by 
Department staff on a noncompetitive basis. To be assured of 
consideration, requests for supplemental funds should be submitted to 
the Department by August 15, 1997. The Department may not have 
sufficient time in FY 1997 to review and fund requests for supplements 
submitted after that date.
    (b) Amended Applications: If a current grantee is seeking 
additional funding for the purpose of implementing major changes in its 
charter schools grant that are likely to result in a change in the 
objectives of the grantee's approved application, the grantee should 
submit an amendment to its approved application under this competition. 
Such amendment should provide a detailed description of the changes the 
grantee proposes to implement in its charter schools grant that justify 
the increase being requested. Upon evaluating all proposed amended and 
new applications, a panel of peer reviewers will make recommendations 
to the Department regarding the applications that should be funded. If 
an amended application submitted by a current grantee is not approved 
for funding, the existing grant will continue as originally approved.
    (c) Examples: (i) The approved application of a current SEA grantee

[[Page 26493]]

provides for the establishment of twenty (20) charter schools. A 
subgrant competition is held, and the SEA receives thirty (30) high 
quality applications that are eligible for funding. The SEA would like 
to fund all thirty (30) subgrant applications without changing the 
objectives of the approved application. The SEA may submit a request to 
the Department for a supplement to its grant to fund the additional ten 
(10) charter schools. This request would be reviewed on a 
noncompetitive basis.
    (ii) In its original application, a current grantee requested 
$200,000 to establish ten (10) charter schools. The Department approved 
the application but, due to limited funds, awarded a grant in the 
amount of $150,000. The grantee has implemented its program and has 
determined that it cannot operate efficiently at the $150,000 funding 
level. Because the proposed change in the grantee's charter schools 
program is not likely to result in a change in the objectives of the 
approved application, the grantee may request a supplement to its grant 
in the amount of $50,000 (i.e., up to the amount requested in its 
original application). This request would be reviewed on a 
noncompetitive basis.
    (iii) In its approved application, a current SEA grantee proposed 
to provide subgrant funding to ten (10) individual charter schools in 
the State. The SEA now wants to provide subgrant funding to several 
consortia of two (2) or three (3) charter schools. Because the SEA's 
proposed change in its charter schools program is likely to result in a 
change in the objectives of the approved application, the SEA should 
submit an amended application to the Department as part of this 
competition.

    Note: The following States currently have approved applications 
under this program: Alaska, Arizona, California, Colorado, 
Connecticut, Delaware, District of Columbia, Florida, Georgia, 
Illinois, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, New 
Jersey, North Carolina, Oregon, Puerto Rico, Texas, and Wisconsin. 
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 schools subgrant program.

    Deadline for Transmittal of Applications:  June 30, 1997.
    Deadline for Intergovernmental Review: August 29, 1997.
    Applications Available: May 16, 1997.
    Available Funds: $25,000,000.
    Estimated Range of Awards: 
      State educational agencies: $250,000-$4,000,000 per year.
      Other eligible applicants: $25,000-$250,000 per year.
    Estimated Average Size of Awards: 
      State educational agencies: $1,750,000 per year.
      Other eligible applicants: $100,000 per year.
    Estimated Number of Awards: 
      State educational agencies: 10-15.
      Other eligible applicants: 3-5.

    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. Other eligible 
applicants: Grants awarded by the Secretary directly to non-SEA 
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 and Statute

    The Education Department General Administrative Regulations (EDGAR) 
in 34 CFR Parts 75 (except 75.210), 77, 79, 80, 81, 82, 85, and 86. 
Title X, Part C, Elementary and Secondary Education Act of 1965, as 
amended, 20 U.S.C. Secs. 8061-8067.

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 
exempted 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.
    Information regarding the required contents of applications, 
diversity of projects, and waivers are provided in the application 
package for this program.
    The following definitions, selection criteria, and allowable 
activities are taken from the public charter schools statute, in Title 
X, Part C, of the Elementary and Secondary Education Act of 1965, as 
amended. 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 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.

[[Page 26494]]

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 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).

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, SW., Room 4512, Portals 
Building, Washington, DC 20202-6140. Telephone (202) 260-2671. Internet 
address: John__F[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://
gcs.ed.gov); or on the World Wide Web (at http://gcs.ed.gov). However, 
the official application notice for a discretionary grant competition 
is the notice published in the Federal Register.

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

    Dated: May 9, 1997.
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 97-12618 Filed 5-13-97; 8:45 am]
BILLING CODE 4000-01-P