[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Notices]
[Pages 4101-4107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1639]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Office of Innovation and Improvement Overview Information, 
Charter Schools Program (CSP); Notice Inviting Applications For New 
Awards For Fiscal Year (FY) 2005

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.282A, 
84.282B, and 84.282C.


DATES: Applications Available: January 28, 2005.
    Deadline for Transmittal of Applications: March 14, 2005.
    Deadline for Intergovernmental Review: May 13, 2005.
    Eligible Applicants:
    (a) State educational agencies (SEAs) in States with a State 
statute specifically authorizing the establishment of charter schools 
may apply for funding.
    (b) Non-SEA eligible applicants may apply for funding directly from 
the U.S. Department of Education (Department) if the SEA in the State 
elects not to participate in the CSP or does not have an application 
approved under the program.
    Additional information concerning eligibility requirements is in 
Section III, 1. in this notice.
    Estimated Available Funds: $91,000,000.
    Estimated Range of Awards: SEAs: $500,000-$20,000,000 per year. 
Other eligible applicants: $10,000-$150,000 per year.
    Estimated Average Size of Awards: SEAs: $4,000,000 per year. Other 
eligible applicants: $130,000 per year.
    Estimated Number of Awards: SEAs: 18-23. Other eligible applicants: 
25-50.

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

    Project Period: Up to 36 months.

    Note: Planning and implementation grants or subgrants awarded by 
the Secretary or an SEA to non-SEA eligible applicants will be 
awarded for a period of up to 36 months, no more than 18 months of 
which may be used for planning and program design and no more than 
two years of which may be used for the initial implementation of a 
charter school. Dissemination grants and subgrants are awarded for a 
period of up to two years.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the CSP is to increase national 
understanding of the charter school model and to expand the number of 
high-quality charter schools available to students across the Nation by 
providing financial assistance for the planning, program design, and 
initial implementation of charter schools, and evaluating the effects 
of charter schools, including the effects on students, student academic 
achievement, staff, and parents.
    The Department will hold three (3) separate competitions under this 
program. All SEA applicants must apply for grant funds under CFDA No. 
84.282A. Non-SEA eligible applicants that propose to use grant funds 
for planning, program design, and implementation must apply under CFDA 
No. 84.282B. Non-SEA eligible applicants that are requesting funds for 
dissemination activities must submit their applications under CFDA No. 
84.282C.
    Priorities: In accordance with 34 CFR 75.105(b)(2)(iv), these 
priorities are from section 5202(e) of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA), 20 U.S.C. 7221a(e).
    Competitive Preference Priorities: For FY 2005 these priorities are 
competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we 
award up to an additional 40 points to an applicant, depending on how 
well the application meets these priorities.
    In awarding grants to SEAs under CFDA No. 84.282A, the Secretary 
gives priority to States to the extent that the State meets the 
statutory criterion described in paragraph (a) of this section, and one 
or more of the statutory criteria described in paragraphs (b) through 
(d) of this section.
    An SEA that meets priority (a) but does not meet one or more of the 
other priorities will not receive any priority points.
    An SEA that does not meet priority (a) but meets one or more of the 
other priorities will not receive any priority points.
    In order to receive preference, an applicant must identify the 
priorities that it believes it meets and provide documentation 
supporting its claims.

[[Page 4102]]

    These priorities are:
    (a) Periodic Review and Evaluation (10 points). 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 academic achievement requirements and goals for charter 
schools as provided under State law or the school's charter.
    (b) Number of High-Quality Charter Schools (10 points). 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 applies for a grant under 
this competition.
    (c) One Authorized Public Chartering Agency Other than a Local 
Educational Agency (LEA), or an Appeals Process (10 points). The 
State--
    (1) Provides for one authorized public chartering agency that is 
not an 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 (10 points). The State ensures that 
each charter school has a high degree of autonomy over the charter 
school's budgets and expenditures.

    Note: The Secretary encourages applicants to provide citations 
and examples from their State charter law in responding to each of 
the competitive preference priorities.

    Invitational Priority: Under these competitions we are particularly 
interested in applications that address the following priority. For FY 
2005 this priority is an invitational priority. Under 34 CFR 
75.105(c)(1), we do not give an applicant that meets this invitational 
priority a competitive or absolute preference over other applications.
    The priority is:
    The applicant proposes to plan, design, and implement one or more 
high-quality charter schools in geographic areas, including urban and 
rural areas, in which a large proportion or number of public schools 
has been identified for improvement, corrective action, or 
restructuring under Title I, part A of the ESEA.
    Program Authority: 20 U.S.C. 7221-7221j.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 80, 
81, 82, 84, 85, 86, 97, 98, and 99.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $91,000,000.
    Estimated Range of Awards: SEAs: $500,000-$20,000,000 per year. 
Other eligible applicants: $10,000-$150,000 per year.
    Estimated Average Size of Awards: SEAs: $4,000,000 per year. Other 
eligible applicants: $130,000 per year.
    Estimated Number of Awards: SEAs: 18-23. Other eligible applicants: 
25-50.

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

    Project Period: Up to 36 months.

    Note: Planning and implementation grants or subgrants awarded by 
the Secretary or an SEA to non-SEA eligible applicants will be 
awarded for a period of up to 36 months, no more than 18 months of 
which may be used for planning and program design and no more than 
two years of which may be used for the initial implementation of a 
charter school. Dissemination grants and subgrants are awarded for a 
period of up to two years.

III. Eligibility Information

    1. Eligible Applicants: (a) SEAs in States with a State statute 
specifically authorizing the establishment of charter schools may apply 
for funding.

    Note: The Secretary awards grants to SEAs to enable them to 
conduct charter school programs in their States. SEAs use their CSP 
funds to award subgrants to non-SEA eligible applicants for 
planning, program design, and initial implementation of a charter 
school and to support the dissemination of information about, 
including successful practices in, charter schools.

    (b) Non-SEA eligible applicants may apply for funding directly from 
the Department if the SEA in the State elects not to participate in the 
CSP or does not have an application approved under the program.

    Note: A non-SEA eligible applicant is defined in the authorizing 
statute as a developer that has applied to an authorized public 
chartering authority to operate a charter school and has provided to 
that authority adequate and timely notice, and a copy, of its CSP 
application, except that the Secretary or the SEA may waive these 
requirements in the case of a pre-charter planning grant. Non-SEA 
eligible applicants, like SEAs, must be in States that have statutes 
specifically authorizing charter schools. If an SEA's application is 
approved in this competition, the Department will return 
applications from non-SEA eligible applicants in that State to the 
applicants. In such a case, the non-SEA eligible applicant should 
contact the SEA for information related to the State's subgrant 
competition.
    The following States currently have approved applications under 
this program: Alaska, California, Colorado, Georgia, Indiana, Iowa, 
Kansas, Maryland, Massachusetts, Michigan, Missouri, New Hampshire, 
New Mexico, Ohio, Pennsylvania, South Carolina, and Texas. In these 
States, only the SEA is eligible to receive an award under this 
competition. Non-SEA eligible applicants in States that are not 
listed must apply directly to the Department on or before the 
deadline for transmittal of applications in order to be considered 
for funding in this competition.

    (c) Dissemination Grants. A charter school may apply to an SEA for 
funds to carry out dissemination activities, whether or not the charter 
school has applied for or received funds under the CSP for planning or 
implementation, if the charter school has been in operation for at 
least three consecutive years and has demonstrated overall success, 
including--
    (1) Substantial progress in improving student academic achievement;
    (2) High levels of parent satisfaction; and
    (3) The management and leadership necessary to overcome initial 
start-up problems and establish a thriving, financially viable charter 
school.
    2. Cost Sharing or Matching: These competitions do not involve cost 
sharing or matching.
    3. Other: All applications must meet the definitions of charter 
school, developer, eligible applicant, and authorized public chartering 
agency, as defined in the authorizing statute. These definitions are in 
the application package.

IV. Application and Submission Information

    1. Address to Request Application Package: Dean Kern, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 4W227, FB6, 
Washington, DC 20202-5961. Telephone: (202) 260-1882 or by e-mail: 
[email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    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 
person listed in this section.
    2. Content and Form of Application Submission: Requirements 
concerning

[[Page 4103]]

the content of an application, together with the forms you must submit, 
are in the application package for this competition.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. The Secretary strongly 
encourages applicants to limit Part III to the equivalent of no more 
than 50 pages, using the following standards:
     A ``page'' is 8.5 x 11, on one side 
only, with 1 margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    The suggested page limit does not apply to Part I, the cover sheet; 
Part II, the budget section, including the narrative budget 
justification; Part IV, the assurances and certifications; or the one-
page abstract, the resumes, the bibliography, or the letters of 
support. However, you must include all of the application narrative in 
Part III.
    3. Submission Dates and Times:
    Applications Available: January 28, 2005.
    Deadline for Transmittal of Applications: March 14, 2005.
    Applications for grants under this competition must be submitted 
electronically using the Electronic Grant Application System (e-
Application) available through the Department's e-Grants system. For 
information (including dates and times) about how to submit your 
application electronically or by mail or hand delivery if you qualify 
for an exception to the electronic submission requirement, please refer 
to section IV.6. Other Submission Requirements in this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Deadline for Intergovernmental Review: May 13, 2005.
    4. Intergovernmental Review: This competition 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 
competition.
    5. Funding Restrictions: Use of Funds for Dissemination Activities. 
An SEA may reserve not more than 10 percent of the grant funds to 
support dissemination activities. A charter school may use those funds 
to assist other schools in adapting the charter school's program (or 
certain aspects of the charter school's program), or to disseminate 
information about the charter school through such activities as--
    (a) Assisting other individuals with the planning and start-up of 
one or more new public schools, including charter schools, that are 
independent of the assisting charter school and the assisting charter 
school's developers and that agree to be held to at least as high a 
level of accountability as the assisting charter school;
    (b) Developing partnerships with other public schools, including 
charter schools, designed to improve student performance in each of the 
schools participating in the partnership;
    (c) Developing curriculum materials, assessments, and other 
materials that promote increased student achievement and are based on 
successful practices within the assisting charter school; and
    (d) Conducting evaluations and developing materials that document 
the successful practices of the assisting charter school and that are 
designed to improve student achievement.
    We reference regulations outlining funding restrictions in the 
Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under 
this competition must be submitted electronically, unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    a. Electronic Submission of Applications.
    Applications for grants under the Charter Schools Program--CFDA 
Number 84.282A, 84.282B, and 84.282C--must be submitted electronically 
using e-Application available through the Department's e-Grants system, 
accessible through the e-Grants portal page at: http://e-grants.ed.gov.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     You must complete the electronic submission of your grant 
application by 4:30 p.m., Washington, DC time, on the application 
deadline date. The e-Application system will not accept an application 
for this program [competition] after 4:30 p.m., Washington, DC time, on 
the application deadline date. Therefore, we strongly recommend that 
you do not wait until the application deadline date to begin the 
application process.
     The regular hours of operation of the e-Grants Web site 
are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until 
midnight Saturday, Washington, DC time. Please note that the system is 
unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on 
Thursdays, Washington, DC time, for maintenance. Any modifications to 
these hours are posted on the e-Grants Web site.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
the Application for Federal Education Assistance (ED 424), Budget 
Information--Non-Construction Programs (ED 524), and all necessary 
assurances and certifications.
     Any narrative sections of your application should be 
attached as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format.
     Your electronic application must comply with any page 
limit requirements described in this notice.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgement that 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 ED 424 to the Application Control 
Center after following these steps:
    (1) Print ED 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.

[[Page 4104]]

    (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) 245-6272.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application System 
Unavailability: If you are prevented from electronically 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 electronic 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 
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 person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If the system is down and therefore 
the application deadline is extended, an e-mail will be sent to all 
registered users who have initiated an e-Application. Extensions 
referred to in this section apply only to the unavailability of the 
Department's e-Application system.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the e-Application system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Department's e-Application system; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Dean Kern, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 4W227, 
Washington, DC 20202-5961. Fax: (202) 205-5630.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for any exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the applicable 
following address:
    By mail through the U.S. Postal Service: U.S. Department of 
Education, Application Control Center, Attention: (CFDA Number 84.282A, 
84.282B, or 84.282C), 400 Maryland Avenue, SW., Washington, DC 20202-
4260; or
    By mail through a commercial carrier: U.S. Department of Education, 
Application Control Center--Stop 4260, Attention: (CFDA Number 84.282A, 
84.282B, or 84.282C), 7100 Old Landover Road, Landover, MD 20785-1506.
    Regardless of which address you use, you must show proof of mailing 
consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application, by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.282A, 84.282B, or 84.282C), 550 12th Street, SW., Room 
7041, Potomac Center Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, 
Sundays, and Federal holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department:
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 4 of the ED 424 the CFDA number--and suffix letter, 
if any--of the competition under which you are submitting your 
application.
    (2) The Application Control Center will mail a grant application 
receipt acknowledgment to you. If you do not receive the grant 
application receipt acknowledgment within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: All SEA and non-SEA applicants applying for 
CSP grant funds must address both the application requirements and the 
selection criteria. Each SEA and non-SEA applicant applying for CSP 
grant funds may choose to respond to the application requirements in 
the context of the applicant's responses to the selection criteria.
    (a) SEAs (CFDA No. 84.282A).
    (i) Application Requirements (CFDA No. 84.282A).
    (A) Describe the objectives of the SEA's charter school grant 
program and describe how these objectives will be fulfilled, including 
steps taken by the

[[Page 4105]]

SEA to inform teachers, parents, and communities of the SEA's charter 
school grant program;
    (B) Describe how the SEA will inform each charter school in the 
State about Federal funds that the charter school is eligible to 
receive and Federal programs in which the charter school may 
participate;
    (C) Describe how the SEA will ensure that each charter school in 
the State receives the school's commensurate share of Federal education 
funds that are allocated by formula each year, including during the 
first year of operation of the school;
    (D) Describe how the SEA will disseminate best or promising 
practices of charter schools to each LEA in the State;
    (E) If an SEA elects to reserve part of its grant funds (no more 
than 10 percent) for the establishment of a revolving loan fund, 
describe how the revolving loan fund would operate;
    (F) If an SEA desires the Secretary to consider waivers under the 
authority of the CSP, include a request and justification for any 
waiver of statutory or regulatory provisions that the SEA believes is 
necessary for the successful operation of charter schools in the State; 
and
    (G) Describe how charter schools that are considered to be LEAs 
under State law, and LEAs in which charter schools are located, will 
comply with sections 613(a)(5) and 613(e)(1)(B) of the Individuals with 
Disabilities Education Act.
    (ii) Selection Criteria (CFDA No. 84.282A). SEAs that propose to 
use a portion of their grant funds for dissemination activities must 
address each selection criterion (A) through (E) individually and title 
each accordingly. SEAs that do not propose to use a portion of their 
grant funds for dissemination activities must address selection 
criteria (A) through (D) only, and need not address selection criterion 
(E).
    The maximum possible score is 120 points for SEAs that do not 
propose to use grant funds to support dissemination activities and 150 
points for SEAs that propose to use grant funds to support 
dissemination activities.
    The maximum possible score for each criterion is indicated in 
parentheses following the criterion.
    To ensure fairness, if an SEA is not proposing to use grant funds 
to support dissemination activities, the Secretary will not consider 
points awarded under criterion (E) in determining whether to approve an 
application for funding.
    In evaluating an application from an SEA, the Secretary considers 
the following criteria:
    (A) The contribution the charter schools grant program will make in 
assisting educationally disadvantaged and other students to achieve 
State academic content standards and State student academic achievement 
standards (30 points).

    Note: The Secretary encourages applicants to provide a 
description of the objectives for the SEA's charter school grant 
program and how these objectives will be fulfilled, including steps 
taken by the SEA to inform teachers, parents, and communities of the 
SEA's charter school grant program and how the SEA will disseminate 
best or promising practices of charter schools to each LEA in the 
State.

    (B) The degree of flexibility afforded by the SEA to charter 
schools under the State's charter school law (30 points).

    Note: The Secretary encourages the applicant to include a 
description of how the State's law establishes an administrative 
relationship between the charter school and the authorized public 
chartering agency, and exempts charter schools from significant 
State or local rules that inhibit the flexible operation and 
management of public schools.

    The Secretary also encourages the applicant to include a 
description of the degree of autonomy charter schools have achieved 
over such matters as the charter school's budget, expenditures, daily 
operation, and personnel in accordance with their State's law.
    (C) The number of high-quality charter schools to be created in the 
State (30 points).

    Note: The Secretary considers the SEA's estimate of the number 
of new charter schools to be authorized and opened in the State 
during the 36-month period of this grant.

    Because research has identified the lack of adequate resources as a 
major impediment to the creation of high-quality charter schools, the 
Secretary encourages the applicant to describe how the SEA will inform 
each charter school in the State about Federal funds that the charter 
school is eligible to receive and about the Federal programs in which 
the charter school may participate.
    The Secretary also considers how the SEA will ensure that each 
charter school in the State receives the school's commensurate share of 
Federal education funds that are allocated by formula each year, 
including during the first year of operation of the school and during a 
year in which the school's enrollment expands significantly.
    (D) The quality of the management plan to achieve the objectives of 
the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (30 points).

    Note: In addition to describing the proposed objectives of the 
SEA charter school grant program and how these objectives will be 
fulfilled, the Secretary encourages applicants to provide 
descriptions of the steps that the SEA will take to award subgrant 
funds to eligible applicants desiring to receive these funds, 
including descriptions of the peer review process to review 
applications for assistance, the timelines for awarding such funds, 
and how the SEA will assess the quality of the applications.

    (E) In the case of SEAs that propose to use grant funds to support 
dissemination activities under section 5204(f)(6) of the ESEA, the 
quality of the dissemination activities (15 points) and the likelihood 
that those activities will improve student achievement (15 points).

    Note: The Secretary encourages applicants to provide a 
description of the steps that the SEA will take to award these funds 
to eligible applicants, including descriptions of the peer review 
process to review applications for dissemination, the timelines for 
awarding such funds, and how the SEA will assess the quality of the 
applications.

    (b) Non-SEA Applicants (CFDA No. 84.282B and 84.282C). The 
application requirements for all non-SEA applicants are listed in 
paragraph (i) in this section.
    The selection criteria for non-SEA applicants for Planning, Program 
Design, and Implementation Grants (CFDA No. 82.282B) are listed in 
paragraph (ii) in this section.
    The selection criteria for non-SEA applicants for Dissemination 
Grants (CFDA No. 84.282C) are listed in paragraph (iii) in this 
section.
    (i) Application Requirements (CFDA Nos. 84.282B and 84.282C). (A) 
Describe the educational program to be implemented by the proposed 
charter school, including how the program will enable all students to 
meet challenging State student academic achievement standards, the 
grade levels or ages of students to be served, and the curriculum and 
instructional practices to be used;
    (B) Describe how the charter school will be managed;
    (C) Describe the objectives of the charter school and the methods 
by which the charter school will determine its progress toward 
achieving those objectives;
    (D) Describe the administrative relationship between the charter 
school and the authorized public chartering agency;
    (E) Describe how parents and other members of the community will be

[[Page 4106]]

involved in the planning, program design, and implementation of the 
charter school;
    (F) Describe how the authorized public chartering agency will 
provide for continued operation of the charter school once the Federal 
grant has expired, if that agency determines that the charter school 
has met its objectives;
    (G) If the charter school desires the Secretary to consider waivers 
under the authority of the CSP, include 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;
    (H) Describe how the grant funds will be used, including how these 
funds will be used in conjunction with other Federal programs 
administered by the Secretary;
    (I) Describe how students in the community will be informed about 
the charter school and be given an equal opportunity to attend the 
charter school;
    (J) Describe how a charter school that is considered an LEA under 
State law, or an LEA in which a charter school is located, will comply 
with sections 613(a)(5) and 613(e)(1)(B) of the Individuals with 
Disabilities Education Act; and
    (K) If the eligible applicant desires to use grant funds for 
dissemination activities under section 5202(c)(2)(C), describe those 
activities and how those activities will involve charter schools and 
other public schools, LEAs, developers, and potential developers.
    (ii) Selection Criteria (CFDA No. 84.282B). Non-SEA Planning, 
Program Design, and Initial Implementation Grant applicants must 
address each selection criterion (A) through (I) individually and title 
each accordingly.
    The maximum possible score for all of the criteria in this section 
is 145 points.
    The maximum possible score for each criterion is indicated in 
parentheses following the criterion.
    In evaluating an application from a non-SEA eligible applicant for 
Planning, Program Design, and Implementation, the Secretary considers 
the following criteria:
    (A) The quality of the proposed curriculum and instructional 
practices (25 points).
    (B) The degree of flexibility afforded by the SEA and, if 
applicable, the LEA to the charter school (10 points).
    (C) The extent of community support for the application (10 
points).
    (D) The ambitiousness of the objectives for the charter school (15 
points).
    (E) The quality of the strategy for assessing achievement of those 
objectives (10 points).
    (F) The likelihood that the charter school will meet those 
objectives and improve educational results for students during and 
after the period of Federal financial assistance (20 points).
    (G) The extent to which the proposed project encourages parental 
involvement (20 points).
    (H) The qualifications, including relevant training and experience, 
of the project director; and the extent to which the applicant 
encourages applications for employment from persons who are members of 
groups that traditionally have been underrepresented based on race, 
color, national origin, gender, age, or disability (10 points).
    (I) The contribution the charter school will make in assisting 
educationally disadvantaged and other students to achieve to State 
academic content standards and State student academic achievement 
standards (25 points).
    (iii) Selection Criteria (CFDA No. 84.282C). Non-SEA applicants for 
Dissemination Grants must address each selection criterion (A) through 
(E) individually and title each accordingly.
    The maximum possible score for all of the criteria in this section 
is 125 points.
    The maximum possible score for each criterion is indicated in 
parentheses following the criterion.
    In evaluating an application from a non-SEA eligible applicant for 
a dissemination grant, the Secretary considers the following criteria:
    (A) The quality of the proposed dissemination activities and the 
likelihood that those activities will improve student achievement (30 
points).
    (B) The extent to which the school has demonstrated overall 
success, including--
    (1) Substantial progress in improving student achievement (15 
points);
    (2) High levels of parent satisfaction (15 points); and
    (3) The management and leadership necessary to overcome initial 
start-up problems and establish a thriving, financially viable charter 
school (15 points).
    (C) The extent to which the results of the proposed project will be 
disseminated in a manner that will enable others to use the information 
or strategies (20 points).
    (D) The qualifications, including relevant training and experience, 
of the project director and the extent to which the applicant 
encourages applications for employment from persons who are members of 
groups that traditionally have been underrepresented based on race, 
color, national origin, gender, age, or disability (10 points).
    (E) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (20 points).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we will notify 
your U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (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 
an 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: Under the Government Performance and 
Results Act (GPRA), one measure has been developed for evaluating the 
overall effectiveness of the CSP: To support the creation of a large 
number of high-quality charter schools. The objective of this goal is 
to encourage the development of a large number of high-quality charter 
schools that are free from State or local rules that inhibit flexible 
operation, are held accountable for enabling students to reach 
challenging State performance standards, and are open to all students. 
The Secretary has set an overall performance target that calls for an 
increase in both the number of States with charter school legislation 
and the number of charter schools in operation around the Nation.
    All grantees will be expected to submit an annual performance 
report

[[Page 4107]]

documenting their contribution in assisting the Department in meeting 
this performance measure by creating or supporting the creation of one 
or more high-quality charter schools that are free from State or local 
rules that inhibit flexible operation, are held accountable for 
enabling students to reach challenging state performance standards, and 
are open to all students.

VII. Agency Contact

    For Further Information Contact: Dean Kern, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4W227, FB6, Washington, DC 
20202-5961. Telephone: (202) 260-1882 or by e-mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) 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 person 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: http://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: http://www.gpoaccess.gov/nara/index.html.


    Dated: January 25, 2005.
Nina Shokraii Rees,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 05-1639 Filed 1-27-05; 8:45 am]
BILLING CODE 4000-01-P