[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Notices]
[Pages 8318-8321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3849]



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Part IV





Department of Education





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Office of Innovation and Improvement; Overview Information; State 
Charter School Facilities Incentive Grants Program; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2004; Notice

  Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004 / 
Notices  

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DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information; State 
Charter School Facilities Incentive Grants Program; Notice Inviting 
Applications for New Awards for Fiscal Year (FY) 2004

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.282D.

DATES: Applications Available: March 12, 2004.
    Deadline for Transmittal of Applications: July 1, 2004.
    Deadline for Intergovernmental Review: August 30, 2004.
    Eligible Applicants: States that have enacted a State law 
authorizing per-pupil facilities aid for charter schools.
    Estimated Available Funds: $18,700,000.
    Estimated Range of Awards: $2,000,000-$10,000,000.
    Estimated Average Size of Awards: $3,740,000.
    Estimated Number of Awards: 5.

    Note: Contingent upon the availability of funds, we may make 
additional awards in future years from the rank-ordered list of 
unfunded applications from this competition.


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

    Project Period: The program duration may be for a period of up to 5 
years.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: This program will provide grants to eligible 
States to help them establish or enhance, and administer, per-pupil 
facilities aid programs for charter schools.

Priorities

    Competitive Preference Priority: In accordance with 34 CFR 
75.105(b)(2)(iv), the following priority is from sections 5202(e) and 
5205(b) of the Elementary and Secondary Education Act of 1965 (ESEA), 
as amended. For this competition, this priority is a competitive 
preference priority. Under 34 CFR 75.105(c)(2)(i), we award up to an 
additional 20 points to an application, depending on how well the 
application meets this priority.
    This priority is:
    The Secretary gives priority to States to the extent that States 
meet all four of the statutory criteria described in paragraphs (a) 
through (d) of this section.
    A State educational agency (SEA) that does not meet any one of the 
four statutory criteria will not receive any priority points.
    In order to receive preference, an applicant must identify the 
statutory criteria that it meets and provide documentation supporting 
its claims.

Statutory Criteria

    (a) Periodic Review and Evaluation (5 points, ESEA paragraph 
5202(e)(2)). The State provides for periodic review and evaluation by 
the authorized public chartering agency of each charter school at least 
once every 5 years unless required more frequently by State law, to 
determine whether the charter school is meeting the terms of the 
school's charter, and is meeting or exceeding the student's academic 
performance requirements and goals for charter schools as provided 
under State law or the school's charter.
    (b) Number of High-Quality Charter Schools (5 points, ESEA 
subparagraph 5202(e)(3)(A)). The State has demonstrated progress in 
increasing the number of high-quality charter schools that are held 
accountable in the terms of the schools' charters for meeting clear and 
measurable objectives for the educational progress of the students 
attending the schools, in the period prior to the period for which an 
SEA or eligible applicant applies for a grant under this competition.
    (c) One Authorized Public Chartering Agency Other Than an LEA, or 
an Appeals Process (5 points, ESEA subparagraph 5202(e)(3)(B)). The 
State--
    (1) Provides for one authorized public chartering agency that is 
not an local educational agency (LEA), such as a State chartering 
board, for each individual or entity seeking to operate a charter 
school pursuant to State law; or
    (2) In the case of a State in which LEAs are the only authorized 
public chartering agencies, allows for an appeals process for the 
denial of an application for a charter school.
    (d) High Degree of Autonomy (5 points, ESEA subparagraph 
5202(e)(3)(C)). The State ensures that each charter school has a high 
degree of autonomy over the charter school's budgets and expenditures.
    Invitational Priority: Under this competition we are particularly 
interested in applications that address the following priority. For 
this competition this priority is an invitational priority. Under 34 
CFR 75.105(c)(1), we do not give an application that meets this 
invitational priority a competitive or absolute preference over other 
applications.
    This priority is:
    School choice. The Secretary invites applications that propose to 
increase the capacity of charter schools to offer public school choice 
in those communities with the greatest need for this choice by 
addressing the following factors:

     The extent to which the applicant would target 
services to geographic areas in which a large proportion or number of 
public schools have been identified for improvement, corrective action, 
or restructuring under title I of the ESEA, as amended by the No Child 
Left Behind Act of 2001 (NCLB);
     The extent to which the applicant would target 
services to geographic areas in which a large proportion of students 
perform poorly on State academic assessments; and
     The extent to which the applicant would target 
services to communities with large proportions of low-income students.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553) the Department generally offers interested parties 
the opportunity to comment on proposed selection criteria and other 
non-statutory requirements. Section 437(d)(1) of the General Education 
Provisions Act (GEPA) (20 U.S.C. 1232(d)(1)), however, allows the 
Secretary to exempt from rulemaking requirements rules governing the 
first grant competition under a new or substantially revised program 
authority. This is the first competition for this program. In order to 
ensure timely grant awards in FY 2004, the Secretary has decided to 
issue this application notice without first publishing the proposed 
selection criteria and other non-statutory requirements. These 
selection criteria and other non-statutory requirements, such as the 
clarification under ``Funding Clarifications and Restrictions'' that 
the program funds for this facilities program may be used for 
construction or the acquisition of real property, will apply to this 
grant competition only.

    Program Authority: 20 U.S.C. 7221d(b).

    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 80, 
81, 82, 84, 85, 86, 97, and 99.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $18,700,000.
    Estimated Range of Awards: $2,000,000-$10,000,000.
    Estimated Average Size of Awards: $3,740,000.
    Estimated Number of Awards: 5.

    Note: Contingent upon the availability of funds, we may make 
additional awards in future years from the rank-ordered list of 
unfunded applications from this competition.



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

    Project Period: The program duration may be for a period of up to 5 
years.

III. Eligibility Information

    1. Eligible Applicants: States that have enacted a State law 
authorizing per-pupil facilities aid for charter schools.
    2. Cost Sharing or Matching: Under section 5205(b)(2)(C) of the 
ESEA, as amended by the NCLB, States, or parties that are closely 
collaborating with them, are required to provide matching funds. The 
minimum non-Federal share of the total cost of the project increases 
each year of the grant, from 10 percent the first year to 80 percent in 
the fifth year.
    Applicants that are initially selected to receive grants will not 
receive grant funds until they demonstrate, by July 15, 2004, that they 
have funded the non-Federal share of the matching funds required under 
this program. The Department reserves the right to revoke a grant award 
if an initial recipient does not have the required non-Federal funding 
by this date.
    Supplement-not-supplant provision. Grantees shall use funds under 
this program to supplement, and not supplant, State and local public 
funds spent on per-pupil facilities aid programs, administration of 
these programs, and programs for charter schools in total at the State 
and local levels.
    3. Other: The charter schools that a grantee selects to benefit 
from this program must meet the definition of a charter school, as 
defined in the Charter Schools Program authorizing statute in section 
5210(1) of the ESEA. The definitions of charter school and authorized 
public chartering agency are in the application package.

IV. Application and Submission Information

    1. Address to Request Application Package: Education Publications 
Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll 
free): 1-877-433-7827. Fax: (301) 470-1244. If you use a 
telecommunications device for the deaf (TDD), you may call (toll free): 
1-877-576-7734.
    You may also contact ED Pubs at its Web site: www.ed.gov/pubs/edpubs.html or you may contact ED Pubs at its e-mail address: 
[email protected]
    If you request an application from ED Pubs, be sure to identify 
this competition as follows: CFDA number 84.282D.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) by contacting the program contact 
persons listed elsewhere in this notice under FOR FURTHER INFORMATION 
CONTACT (see VII. Agency Contacts).
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this program.
    Page Limit: We have found that reviewers are able to conduct the 
highest-quality review when applications are concise and easy to read. 
Applicants are encouraged to limit their applications to no more than 
30 double-spaced pages (not including the required forms and tables), 
to use a 12-point or larger-size font with one-inch margins at the top, 
bottom, and both sides, and to number pages consecutively. Furthermore, 
applicants are strongly encouraged to include a table of contents that 
specifies where each required part of the application is located.
    3. Submission Dates and Times:
    Applications Available: March 12, 2004.
    Deadline for Transmittal of Applications: July 1, 2004.

    Note: We are requiring that applications for grants under this 
program be submitted electronically using the Electronic Grant 
Application System (e-Application) available through the 
Department's e-GRANTS system. For information about how to access 
the e-GRANTS system or to request a waiver of the electronic 
submission requirement, please refer to Section IV, Other Submission 
Requirements, in this notice.

    The application package for this program specifies the hours of 
operation of the e-Application Web site. If you are requesting a waiver 
of the electronic submission requirement, the dates and times for the 
transmittal of applications by mail or by hand (including a courier 
service or commercial carrier) are also in the application package.
    We do not consider an application that does not comply with the 
deadline requirements.
    Deadline for Intergovernmental Review: August 30, 2004.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Clarifications and Restrictions: Under 34 CFR 75.533, a 
grantee is prohibited from using grant funds for construction or the 
acquisition of real property, unless specifically authorized by statute 
or regulation. Consistent with the provisions of 34 CFR 75.533, and 
based on the purpose of this facilities program, namely to provide 
funding for charter school facilities, we interpret section 5205(b) of 
the ESEA to permit the use of funds awarded under this competition and 
the acquisition of real property. Administrative costs in excess of 
five percent are not allowable under the program statute.
    Administration of a per-pupil facilities aid program includes 
providing indirect costs, evaluation, technical assistance, 
dissemination, personnel costs, and any other costs involved in 
administering the State's per-pupil facilities aid program.
    6. Other Submission Requirements: Instructions and requirements for 
the transmittal of applications by mail or by hand (including a courier 
service or commercial carrier) are in the application package for this 
program. Application Procedures: The Government Paperwork Elimination 
Act (GPEA) of 1998 (Pub. L. 105-277) and the Federal Financial 
Assistance Management Improvement Act of 1999 (Pub. L. 106-107) 
encourage us to undertake initiatives to improve our grant processes. 
Enhancing the ability of individuals and entities to conduct business 
with us electronically is a major part of our response to these Acts. 
Therefore, we are taking steps to adopt the Internet as our chief means 
of conducting transactions in order to improve services to our 
customers and to simplify and expedite our business processes.
    We are requiring that applications for grants under the State 
Charter School Facilities Incentive Grants Program--CFDA Number 84.282D 
be submitted electronically using the Electronic Grant Application 
System (e-Application) available through the Department's e-GRANTS 
system. The e-GRANTS system is accessible through its portal page at: 
http://e-grants.ed.gov.

    Note: The e-Application for this program will be available on 
March 12, 2004. Please be advised that applicants can begin work on 
program narrative sections, using a word processing program such as 
MS Word or WordPerfect, prior to the application availability date. 
Applicants should be aware that, in e-Application, the program 
narrative will be divided into sections with each selection criteria 
requiring a separate file upload. All files should be saved in .DOC 
or .RTF format, as the e-Application system only accepts those file 
types.

    If you are unable to submit an application through the e-GRANTS 
system, you may submit a written request for a waiver of the electronic

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submission requirement. In your request, you should explain the reason 
or reasons that prevent you from using the Internet to submit your 
application. Address your request to: Jim Houser, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 3C140, Washington, DC 20202. 
Please submit your request no later than two weeks before the 
application deadline date.
    If, within two weeks of the application deadline date, you are 
unable to submit an application electronically, you must submit a paper 
application by the application deadline date in accordance with the 
transmittal instructions in the application package. The paper 
application must include a written request for a waiver documenting the 
reasons that prevented you from using the Internet to submit your 
application.
    Pilot Project for Electronic Submission of Applications: We are 
continuing to expand our pilot project for electronic submission of 
applications to include additional formula grant programs and 
additional discretionary grant competitions. The State Charter School 
Facilities Incentive Grants Program--CFDA Number 84.282D is one of the 
programs included in the pilot project. If you are an applicant under 
the State Charter School Facilities Incentive Grants Program, you must 
submit your application to us in electronic format or receive a waiver.
    The pilot project involves the use of e-Application. If you use e-
Application, you will be entering data online while completing your 
application. You may not e-mail an electronic copy of a grant 
application to us. The data you enter online will be saved into a 
database. We shall continue to evaluate the success of e-Application 
and solicit suggestions for its improvement.
    If you participate in e-Application, please note the following:
     When you enter the e-Application system, you 
will find information about its hours of operation. We strongly 
recommend that you do not wait until the application deadline date to 
initiate an e-Application package.
     You will not receive additional point value 
because you submit a grant application in electronic format, nor will 
we penalize you if you submit an application in paper format.
     You must submit all documents electronically, 
including the Application for Federal Education Assistance (ED 424); 
program-specific tables, and all necessary assurances and 
certifications.
     Your e-Application must comply with any page 
limit requirements described in this notice.
     After you electronically submit your 
application, you will receive an automatic acknowledgement, which will 
include a PR/Award number (an identifying number unique to your 
application).
     Within three working days after submitting your 
electronic application, fax a signed copy of the Application for 
Federal Education Assistance (ED 424) to the Application Control Center 
after following these steps:
    1. Print ED 424 from e-Application.
    2. The institution's Authorizing Representative must sign this 
form.
    3. Place the PR/Award number in the upper right hand corner of the 
hard copy signature page of the ED 424.
    4. Fax the signed ED 424 to the Application Control Center at (202) 
260-1349.
     We may request that you give us original 
signatures on other forms at a later date.
    Application Deadline Date Extension in Case of System 
Unavailability: If you are prevented from submitting your application 
on the application deadline date because the e-Application system is 
unavailable, we will grant you an extension of one business day in 
order to transmit your application electronically, by mail, or by hand 
delivery. We will grant this extension if--
    1. You are a registered user of e-Application and you have 
initiated an e-Application for this competition; and
    2. (a) The e-Application system is unavailable for 60 minutes or 
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, 
on the application deadline date; or
    (b) The e-Application system is unavailable for any period of time 
during the last hour of operation (that is, for any period of time 
between 3:30 p.m. and 4:30 p.m., Washington, DC time) on the 
application deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgement of any system unavailability, you may 
contact either (1) the persons listed elsewhere in this notice under 
FOR FURTHER INFORMATION CONTACT (see VII. Agency Contacts) or (2) the 
e-GRANTS help desk at 1-888-336-8930.
    You may access the electronic grant application for the State 
Charter School Facilities Incentive Grants Program at: http://e-grants.ed.gov.

V. Application Review Information

    Selection Criteria: The selection criteria for this program are as 
follows:
    (a) Adequacy of facility funding (35 points).
    (i) The extent to which the proposal provides adequate funding for 
charter school facilities on a per-pupil basis.
    (ii) The extent to which there is adequate funding, including funds 
other than per-pupil facilities aid, for charter schools to meet their 
facility needs.
    (b) Quality of plan (35 points).
    (i) The likelihood that the proposed grant project will result in 
the State either retaining a new per-pupil facilities aid program or 
continuing to enhance such a program without the total amount of 
assistance (State and Federal) declining over a five-year period.
    (ii) The flexibility charter schools have in their use of facility 
funds for the various authorized purposes.
    (iii) The quality of the plan for identifying charter schools and 
determining their eligibility to receive funds.
    (iv) The formula's ability to target resources to charter schools 
with the greatest need and the highest proportions of students in 
poverty.
    (v) For projects that plan to reserve funds for evaluation, the 
quality of the applicant's plan to use grant funds for this purpose.
    (vi) For projects that plan to reserve funds for technical 
assistance, dissemination, or personnel, the quality of the applicant's 
plan to use grant funds for these purposes.
    (c) The grant project team (15 points).
    (i) The qualifications, including relevant training and experience, 
of the project manager and other members of the grant project team, 
including employees not paid with grant funds, consultants, and 
subcontractors.
    (ii) The adequacy and appropriateness of the applicant's staffing 
plan for the grant project.
    (d) The budget (15 points).
    (i) The extent to which the requested grant amount and the project 
costs are reasonable in relation to the objectives, design, and 
potential significance of the proposed grant project.
    (ii) The extent to which the costs are reasonable in relation to 
the number of students served and to the anticipated results and 
benefits.
    (iii) The extent to which the Federal share of the costs of the 
project (which may not exceed the percentages allowed under section 
5205(b)(2)(C) of the ESEA) falls below the maximums allowed, 
particularly in the initial years of the program.
    (iv) The need for per-pupil charter school facility funding in the 
State.

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VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award Notice 
(GAN). We may also notify you informally.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
the award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as specified by the Secretary in 
34 CFR 75.118.
    4. Performance Measures: The performance measure for this program 
is growth in the number of States with per-pupil facilities aid 
programs for charter schools. The Department may develop additional 
measures at a later date that may require data collection from 
grantees.

VII. Agency Contacts

FOR FURTHER INFORMATION CONTACT: Valarie Perkins or Jim Houser, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 3C140, 
Washington, DC 20202-6140. Telephone: (202) 260-1924 or by e-mail: 
[email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the program contact persons listed in this 
section.

VIII. Other Information

    Electronic Access to This Document: You may view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO access at: www.gpoaccess.gov/nara/index.html.


    Dated: February 18, 2004.
Nina Shokraii Rees,
Deputy Under Secretary for Innovation and Improvement.
[FR Doc. 04-3849 Filed 2-20-04; 8:45 am]
BILLING CODE 4000-01-P