[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2569-2573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-772]


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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) 2009

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

DATES: Applications Available: January 15, 2009.
    Deadline for Transmittal of Applications: July 1, 2009.
    Deadline for Intergovernmental Review: August 31, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: This program provides grants to eligible States 
to help them establish or enhance, and administer, per-pupil facilities 
aid programs for charter schools. States eligible for these grants are 
those with per-pupil aid programs that assist charter schools with 
their school facility costs.
    Priorities: In accordance with 34 CFR 75.105(b)(2)(ii), these 
priorities are from the regulations for this program (34 CFR 226.13 and 
226.14).
    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 
40 points to an application, depending on how well the application 
meets these priorities.
    These priorities are:
    Competitive Preference Priority 1. The Secretary will award up to 
20 points to an application under competitive preference priority 1. 
The applicant must meet all of the following requirements ((a) through 
(d)) in order to receive the full 20 points. The requirements are:
    (a) Periodic Review and Evaluation.
    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 
performance requirements and goals for charter schools as set forth 
under State law or the school's charter.
    (b) Number of High-Quality Charter Schools.
    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 the State applies for a grant 
under this competition.
    (c) One Authorized Public Chartering Agency Other than an LEA, or 
an Appeals Process.
    The State--
    (1) Provides for one authorized public chartering agency that is 
not a 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.
    The State ensures that each charter school has a high degree of 
autonomy over the charter school's budgets and expenditures.
    Competitive Preference Priority 2. The Secretary may award up to 10 
points to an application under a competitive preference priority 
regarding the capacity of charter schools to offer public school choice 
in those communities with the greatest need for this choice based on--
    (1) 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 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);
    (2) 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
    (3) The extent to which the applicant would target services to 
communities with large proportions of low-income students.
    Competitive Preference Priority 3. The Secretary may award up to 10 
points to an application under a competitive preference priority for 
applicants that have not previously received a grant under the program.

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

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 97, 98, and 99. (b) The regulations for this program in 
34 CFR part 226.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration has requested 
$14,782,000 for new awards for this program for FY 2009. 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,

[[Page 2570]]

if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2010 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $2,000,000-$10,000,000.
    Estimated Average Size of Awards: $3,695,500.
    Estimated Number of Awards: 4.

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

    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: States that have enacted a State law 
authorizing per-pupil facilities aid for charter schools.
    2. a. 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 unless they demonstrate, by July 15, 2009, that 
they will be able to fund the non-Federal share of the matching funds 
required under this program. The Department reserves the right to 
reject an application if an initial recipient does not demonstrate that 
it will have the required non-Federal funding by this date.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements under section 5205(b)(3)(C) of the ESEA 
(20 U.S.C. 7221d(b)(3)(C)).
    Funds under this program must be used to supplement, and not 
supplant, State and local public funds expended to provide per pupil 
facilities aid programs, operations, financing programs, or other 
programs, for charter schools. Therefore, the Federal funds provided 
under this program, as well as the matching funds provided by the 
grantee, must be in addition to the State and local funds that would 
otherwise be used for this purpose in the absence of this Federal 
program. The Department generally considers that State and local funds 
would be available for this purpose at least in the amount of the funds 
that was available in the preceding comparison year and that the 
Federal funds and matching funds under this program would supplement 
that amount.
    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: Valarie Perkins, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 4W258, 
Washington, DC 20202-5970. Telephone: (202) 260-1924 or by e-mail: 
[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 the 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 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: January 15, 2009.
    Deadline for Transmittal of Applications: July 1, 2009.
    Applications for grants under this program 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 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of 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: August 31, 2009.
    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 Restrictions: We specify unallowable costs in 34 CFR 
75.533. We reference additional regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under 
this program 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 State Charter School Facilities 
Incentive Grants Program, CFDA number 84.282D, 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.
    You may access the electronic grant application for State Charter 
School Facilities Incentive Grants Program at

[[Page 2571]]

www.Grants.gov. You must search for the downloadable application 
package for this program by the CFDA number. Do not include the CFDA 
number's alpha suffix in your search (e.g. , search for 84.282, not 
84.282D).
    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 program 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 
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 the person 
listed under FOR FURTHER INFORMATION CONTACT in section VII of 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 exception 
prevent you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked

[[Page 2572]]

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: Valarie Perkins, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 4W258, 
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 84.282D) 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 84.282D) 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 program are 
from the program regulations in 34 CFR 226.12. The maximum score for 
all of the selection criteria is 100 points. The maximum score for each 
criterion is indicated in parentheses. Each criterion also includes the 
factors that the reviewers will consider to determine how well an 
application meets the criterion. We encourage applicants to make 
explicit connections to the selection criteria and factors in their 
applications.
    (a) Need for facility funding (30 points).
    (1) The need for per-pupil charter school facility funding in the 
State.
    (2) The extent to which the proposal meets the need to fund charter 
school facilities on a per-pupil basis.
    (b) Quality of plan (30 points).
    (1) 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.
    (2) The flexibility charter schools have in their use of facility 
funds for the various authorized purposes.
    (3) The quality of the plan for identifying charter schools and 
determining their eligibility to receive funds.
    (4) The per-pupil facilities aid formula's ability to target 
resources to charter schools with the greatest need and the highest 
proportions of students in poverty.
    (5) For projects that plan to reserve funds for evaluation, the 
quality of the applicant's plan to use grant funds for this purpose.
    (6) 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).
    (1) 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.
    (2) The adequacy and appropriateness of the applicant's staffing 
plan for the grant project.
    (d) The budget (15 points).
    (1) 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.
    (2) The extent to which the costs are reasonable in relation to the 
number of students served and to the anticipated results and benefits.
    (3) The extent to which the non-Federal share exceeds the minimum 
percentages (which are based on the percentages under section 
5205(b)(2)(C) of the ESEA), particularly in the initial years of the 
program.
    (e) State experience (10 points).
    The experience of the State in addressing the facility needs of 
charter schools through various means, including providing per-pupil 
aid, access to State loan or bonding pools, and the use of Qualified 
Zone Academy Bonds.
    2. Review and Selection Process: Additional factors we consider in 
selecting an application for an award are in 34 CFR 226.13 and 226.14.

    Note: As described in 34 CFR 226.14(c), the Secretary may elect 
to consider the points awarded under the competitive preference 
priorities only for proposals that exhibit sufficient quality to 
warrant funding under the selection criteria.

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 
Notification (GAN). We may notify you informally, also.

[[Page 2573]]

    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).
    4. Performance Measures: The performance measure for this program 
is the ratio of funds leveraged by States for charter school facilities 
to funds awarded by the Department under the State Charter School 
Facilities Incentive Program.
    VII. Agency Contacts

FOR FURTHER INFORMATION CONTACT: Valarie Perkins or Ann Margaret 
Galiatsos, U.S. Department of Education, 400 Maryland Avenue, SW., room 
4W258, Washington, DC 20202-5970. Telephone: (202) 260-1924 or by e-
mail: [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 the program contact persons listed under FOR FURTHER 
INFORMATION CONTACT in section VII of 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: January 9, 2009.
Amanda L. Farris,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. E9-772 Filed 1-14-09; 8:45 am]
BILLING CODE 4000-01-P