[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76014-76020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29632]


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DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information: 
Charter School Programs (CSP); Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2009

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.282A.
    Dates:
    Applications Available: December 15, 2008.
    Deadline for Transmittal of Applications: January 29, 2009.
    Deadline for Intergovernmental Review: March 30, 2009.

[[Page 76015]]

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 to evaluate the effects 
of charter schools, including their effects on students, student 
academic achievement, staff, and parents. The Secretary awards grants 
to State educational agencies (SEAs) to enable them to conduct charter 
school programs in their States. SEAs use their CSP funds to award sub-
grants 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 information on successful 
practices in, charter schools.
    Priorities: This competition includes five competitive preference 
priorities. In accordance with 34 CFR 75.105(b)(1) and 34 CFR 
75.105(b)(2)(iv), priority 1 is from the notice of final discretionary 
grant priorities for FY 2009, published in the Federal Register on 
November 21, 2008 (73 FR 70627), and priorities 2 through 5 are from 
section 5202(e) of the Elementary and Secondary Education Act of 1965 
(ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), 20 
U.S.C. 7221a(e).
    Competitive Preference Priorities: For FY 2009 and any subsequent 
year in which we make awards from the list of unfunded applicants from 
this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 
fifty (50) points to an application, depending on how well the 
application meets one or more of these priorities.

    Note: In order to receive preference under these priorities, an 
applicant must identify the priority or priorities that it believes 
it meets and provide documentation supporting its claims. In order 
to receive points for priority 2 or to receive points for priorities 
3 through 5, an application must meet priority 2 and must meet one 
or more of priorities 3 through 5.

    An SEA that meets priority 2 but does not meet one or more of 
priorities 3 through 5 will not receive any points for priorities 2 
through 5.
    An SEA that does not meet priority 2 but meets one or more of 
priorities 3 through 5 will not receive any points for priorities 2 
through 5.
    These priorities are:
    Priority 1--Secondary Schools (10 points). Projects that support 
activities and interventions aimed at improving the academic 
achievement of secondary school students who are at greatest risk of 
not meeting challenging State academic standards and not completing 
high school.
    Priority 2--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 five 
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 academic achievement 
requirements and goals for charter schools as provided under State law 
or the school's charter.
    Priority 3--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.
    Priority 4--One Authorized Public Chartering Agency Other Than a 
Local Educational Agency (LEA), or an Appeals Process (10 points). The 
State--
    (a) 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
    (b) 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.
    Priority 5--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: In responding to each of the competitive preference 
priorities, the Secretary encourages applicants to provide 
documentation, including citations and examples from their State's 
charter school law.

    Program Authority: 20 U.S.C. 7221-7221j.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 76, 77, 79, 
80, 81, 82, 84, 85, 97, 98, and 99. (b) The notice of final 
discretionary grant priorities for FY 2009, published in the Federal 
Register on November 21, 2008 (73 FR 70627).

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds:
    The Administration has requested $95,838,000 for new awards for the 
Charter School Programs for FY 2009, of which we intend to use an 
estimated $91,000,000 for this competition. The actual level of 
funding, if any, depends on final congressional action. However, we are 
inviting applications to allow enough time to complete the grant 
process before the end of the current fiscal year, if Congress 
appropriates funds for this program.
    Estimated Range of Awards: $500,000-$10,000,000 per year.
    Estimated Average Size of Awards: $5,000,000 per year.
    Estimated Number of Awards: 6-10.

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

    Project Period: Up to 36 months.

    Note: Planning and implementation sub-grants awarded by an SEA 
to non-SEA eligible applicants will be awarded for a period of up to 
three years, 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 sub-grants are awarded for a period of up to two 
years.


    Note: The estimated range, size, and number of awards are based 
on a single 12-month budget period. However, the Department may 
choose to fund more than 12 months of a project using FY 2009 funds.

III. Eligibility Information

    1. Eligible Applicants: SEAs in States with a State statute 
specifically authorizing the establishment of charter schools.

    Note: Non-SEA eligible applicants in States in which the SEA 
elects not to participate in or does not have an application 
approved under the CSP may apply for funding directly from the 
Department. The Department plans to hold a separate competition for 
non-SEA eligible applicants under CFDA numbers 84.282B and 84.282C.

    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.

IV. Application and Submission Information

    1. Address to Request Application Package: Leslie Hankerson or 
Jeanne Siegel, U.S. Department of Education, 400 Maryland Avenue, SW., 
room 4W249, Washington, DC 20202-5970. Telephone: (202) 205-8524 or 
(202)

[[Page 76016]]

205-5482, or by e-mail: [email protected] or 
[email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting either program contact person 
listed in this section.
    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 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 60 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).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The 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: December 15, 2008. Deadline for Transmittal 
of Applications: January 29, 2009.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format 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 of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
either person listed under For Further Information Contact in section 
VII in this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: March 30, 2009.
    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: The following funding restrictions apply 
to this competition:
    Use of Funds for Post-Award Planning and Design of the Educational 
Program and Initial Implementation of the Charter School. A non-SEA 
eligible applicant receiving a sub-grant under this program may use the 
sub-grant funds only for--
    (a) Post-award planning and design of the educational program, 
which may include (i) refinement of the desired educational results and 
of the methods for measuring progress toward achieving those results; 
and (ii) 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 
(i) informing the community about the school; (ii) acquiring necessary 
equipment and educational materials and supplies; (iii) acquiring or 
developing curriculum materials; and (iv) other initial operational 
costs that cannot be met from State or local sources. (20 U.S.C. 
7221c(f)(3))
    Use of Funds for Dissemination Activities. An SEA may reserve not 
more than 10 percent of its grant funds to support dissemination 
activities. (20 U.S.C. 7221c(f)(1)) 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 academic achievement 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. (20 U.S.C. 7221c(f)(6)(B)(i) 
through (iv))
    Award Basis. In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the amount of any carryover funds the applicant has under an 
existing grant under the program. (34 CFR 75.233(b))
    We reference additional 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.
    a. Electronic Submission of Applications.
    Applications for grants under the CSP, CFDA Number 84.282A, must be 
submitted electronically using the Governmentwide Grants.gov Apply site 
at www.Grants.gov. Through this site, you will be able to download a 
copy of the application package, complete it offline, and then upload 
and submit your application. You may not e-mail an electronic copy of a 
grant application to us.
    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.

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    You may access the electronic grant application for the Charter 
School Programs at www.Grants.gov. You must search for the downloadable 
application package for this competition by the CFDA number. Do not 
include the CFDA number's alpha suffix in your search (e.g., search for 
84.282, not 84.282A).
    Please note the following:
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30:00 p.m., Washington, DC time, on the application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this competition to ensure that 
you submit your application in a timely manner to the Grants.gov 
system. You can also find the Education Submission Procedures 
pertaining to Grants.gov at http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.
     To submit your application via Grants.gov, you must 
complete all steps in the Grants.gov registration process (see http://www.grants.gov/applicants/get_registered.jsp). These steps include (1) 
registering your organization, a multi-part process that includes 
registration with the Central Contractor Registry (CCR); (2) 
registering yourself as an Authorized Organization Representative 
(AOR); and (3) getting authorized as an AOR by your organization. 
Details on these steps are outlined in the Grants.gov 3-Step 
Registration Guide (see http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf). You also must provide on your 
application the same D-U-N-S Number used with this registration. Please 
note that the registration process may take five or more business days 
to complete, and you must have completed all registration steps to 
allow you to submit successfully an application via Grants.gov. In 
addition you will need to update your CCR registration on an annual 
basis. This may take three or more business days to complete.
     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 
all information you typically provide on the following forms: 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications.
     You must attach any narrative sections of your application 
as files in a .DOC (document), .RTF (rich text), or .PDF (Portable 
Document) format. If you upload a file type other than the three file 
types specified in this paragraph or submit a password-protected file, 
we will not review that material.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. (This notification indicates 
receipt by Grants.gov only, not receipt by the Department.) The 
Department then will retrieve your application from Grants.gov and send 
a second notification to you by e-mail. This second notification 
indicates that the Department has received your application and has 
assigned your application a PR/Award number (an ED-specified 
identifying number unique to your application).
     We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
with the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk, toll free, at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30:00 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30:00 p.m., Washington, DC 
time, on the application deadline date, please contact either person 
listed under FOR FURTHER INFORMATION CONTACT of section VII in this 
notice and provide an explanation of the technical problem you 
experienced with Grants.gov, along with the Grants.gov Support Desk 
Case Number. We will accept your application if we can confirm that a 
technical problem occurred with the Grants.gov system and that that 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. The 
Department will contact you after a determination is made on whether 
your application will be accepted.

    Note: The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov 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 Grants.gov system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Grants.gov 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

[[Page 76018]]

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: Leslie Hankerson or 
Jeanne Siegel, U.S. Department of Education, 400 Maryland Avenue, SW., 
room 4W249, Washington, DC 20202-5970. 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 an 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 following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.282A), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    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.
    (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.
    (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 the 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), 550 12th Street, SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 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 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this notification 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: The selection criteria for this competition 
are from the authorizing statute for this program and 34 CFR 75.210 of 
EDGAR and are as follows:
    SEAs that propose to use a portion of their grant funds for 
dissemination activities must address each selection criterion (i) 
through (vi) 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 (i) through (iv) and (vi) 
only. SEAs that do not address criterion (v) because they are not 
proposing to use a portion of their grant funds for dissemination 
activities will not be penalized. The maximum possible score is 150 
points for SEAs that do not propose to use grant funds to support 
dissemination activities and 180 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.
    (i) 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 the applicant 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.

    (ii) 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.
    (iii) The number of high-quality charter schools to be created in 
the State (30 points).

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

    The Secretary also considers how the SEA will inform each charter 
school in the State about Federal funds the charter school is eligible 
to receive and 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.
    (iv) The quality of the management plan for the proposed project. 
In determining the quality of the management plan for the proposed 
project, the Secretary considers 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 (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 to be taken by the SEA to award sub-grant 
funds to eligible applicants desiring to receive these funds, 
including descriptions of the peer review process the SEA will use 
to review applications for assistance, the timelines for

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awarding such funds, and how the SEA will assess the quality of the 
applications.

    (v) 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 academic achievement (15 
points).

    Note: The Secretary encourages the applicant to describe the 
steps to be taken by the SEA to award these funds to eligible 
applicants, including descriptions of the peer review process the 
SEA will use to review applications for dissemination, the timelines 
for awarding such funds, and how the SEA will assess the quality of 
the applications.

    (vi) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the extent to which the methods of 
evaluation include the use of objective performance measures that are 
clearly related to the intended outcomes of the project and will 
produce quantitative and qualitative data to the extent possible (30 
points).

    Note: The Secretary encourages the applicant to include a strong 
evaluation plan in the application narrative and to use that plan, 
as appropriate, to shape the development of the project from the 
beginning of the grant period. The Secretary encourages the 
applicant to design the plan so that it includes (a) benchmarks to 
monitor progress toward specific project objectives and (b) outcome 
measures to assess the impact on teaching and learning or other 
important outcomes for project participants. In its plan, we 
encourage the applicant to identify the individual and/or 
organization that has agreed to serve as evaluator for the project 
and to describe the qualifications of that evaluator. We also 
encourage the applicant to describe, in its application, the 
evaluation design, indicating: (1) The types of data that will be 
collected; (2) when various types of data will be collected; (3) the 
methods that will be used; (4) the instruments that will be 
developed and when; (5) how the data will be analyzed; (6) when 
reports of results and outcomes will be available; and (7) how the 
applicant will use the information collected through the evaluation 
to monitor progress of the funded project and to provide 
accountability information both about success at the initial site 
and about effective strategies for replication in other settings. 
Applicants are encouraged to devote an appropriate level of 
resources to project evaluation.

    Application Requirements: Applicants applying for CSP grant funds 
must address both the following application requirements, which are 
based on the statute, and the selection criteria described in this 
notice. An applicant may choose to respond to the application 
requirements in the context of its responses to the selection criteria.
    (i) Describe the objectives of the SEA's charter school grant 
program and describe 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;
    (ii) Describe how the SEA will inform each charter school in the 
State about Federal funds the charter school is eligible to receive and 
Federal programs in which the charter school may participate;
    (iii) 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 and a year in which the school's 
enrollment expands significantly;
    (iv) Describe how the SEA will disseminate best or promising 
practices of charter schools to each LEA in the State;
    (v) 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;
    (vi) 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
    (vii) 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.

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 notify you informally, also.
    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 directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). For specific requirements 
on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html
    4. Performance Measures: The goal of the CSP is to support the 
creation and 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 two performance indicators to measure this goal: 
(1) The number of charter schools in operation around the Nation, and 
(2) the percentage of fourth- and eighth-grade charter school students 
who are achieving at or above the proficient level on State 
examinations in mathematics and reading. Additionally, the Secretary 
has established the following measure to examine the efficiency of the 
CSP: Federal cost per student in implementing a successful school 
(defined as a school in operation for three or more years).
    All grantees will be expected to submit an annual performance 
report documenting their contribution in assisting the Department in 
meeting these performance measures.

VII. Agency Contacts

For Further Information Contact: Leslie Hankerson or Jeanne Siegel, 
U.S. Department of Education, 400 Maryland Avenue, SW., room 4W249, 
Washington, DC 20202-5970. Telephone: (202) 205-8524 or (202) 205-5482, 
or by e-mail: [email protected] or [email protected].
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or computer diskette) on 
request to either program contact persons listed under For Further

[[Page 76020]]

Information Contact of section VII in this notice.
    Electronic Access to This Document: You can 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: December 10, 2008.
Amanda L. Farris,
Assistant Deputy Secretary for Innovation and Improvement.
 [FR Doc. E8-29632 Filed 12-12-08; 8:45 am]
BILLING CODE 4000-01-P