[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Notices]
[Pages 18567-18571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9351]


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DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information; DC 
School Choice Incentive Program; Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2009

Catalog of Federal Domestic Assistance (CFDA) Number: 84.370A.

    Dates:
    Applications Available: April 23, 2009.
    Deadline for Notice of Intent to Apply: May 8, 2009.
    Deadline for Transmittal of Applications: May 26, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The DC School Choice Incentive Program, 
established under the DC School Choice Incentive Act of 2003 (Act), 
provides low-income parents residing in the District of Columbia 
(District) with expanded options for the education of their children.
    Background: For FY 2009, the Department will be awarding one grant 
on a competitive basis to an eligible applicant to continue a 
scholarship program to provide students who currently have scholarships 
under this program with scholarships for the 2009-2010 school year. 
Students are eligible to receive scholarships under this program if 
they (1) are residents of the District, and (2) come from households 
whose income does not exceed 200 percent (or, in the case of an 
eligible student whose first year of participation in the program was 
an academic year ending in June 2005 or June 2006 and whose second or 
succeeding year is an academic year ending on or before June 2009, 300 
percent) of the poverty line. These scholarships may be used to pay 
tuition and fees and transportation expenses, if any, to enable 
students to attend a participating District nonpublic elementary or 
secondary school.
    Under the absolute priority established in this notice, funds 
awarded under this competition may only be used to award scholarships 
to students currently participating in this program. Accordingly, in 
addition to the requirements described in the preceding paragraph, to 
be eligible for a scholarship for the 2009-2010 school year, a student 
must currently be receiving a scholarship through the DC School Choice 
Incentive Program.
    We are establishing this absolute priority in light of the 
prohibition in Public Law 111-8, the Omnibus Appropriations Act, 2009, 
against using funds appropriated under that law, or any other law, for 
scholarships under this program after the conclusion of the 2009-2010 
school year and the direction in the Joint Explanatory Statement for 
Public Law 111-8 to limit scholarships for 2009-2010 to students who 
are currently receiving scholarships under this program. Specifically, 
Public Law 111-8 provides, with respect to this program that ``use of 
any funds in this Act or any other [law] for opportunity scholarships 
after school year 2009-2010 shall only be available upon enactment of 
reauthorization of that program by Congress and the adoption of 
legislation by the District of Columbia approving such 
reauthorization.'' In addition, the Joint Explanatory Statement for 
Public Law 111-8 directs that ``[f]unding provided for the private 
scholarship program shall be used for currently-enrolled participants 
rather than new applicants.'' The Chancellor of the District of 
Columbia Public Schools is directed to ``promptly take steps to 
minimize potential disruption and ensure smooth transition for any 
students seeking enrollment in the public school system as a result of 
any changes made to the private scholarship program affecting periods 
after school year 2009-2010.'' See the Joint Explanatory Statement, 
Division D, Title VIII, Federal Payment for School Improvement, at 
http://thomas.loc.gov/home/approp/app09.html.
    Priorities: We are establishing this priority for the FY 2009 grant 
competition only in accordance with section 437(d)(2) of the General 
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(2).
    Absolute Priority: For FY 2009, this priority is an absolute 
priority. Under 34 CFR 75.105(c)(3) we consider only applications that 
meet this priority.
    This priority is:
    Scholarships for Currently Enrolled Participants During the 2009-
2010 School Year.
    Scholarship funds must be used to provide scholarships during the 
2009-2010 school year only to currently enrolled participants who are 
DC residents and meet the eligibility requirements related to family 
income. Funds awarded under this competition may not be used to provide 
scholarships for new applicants or for current scholarship recipients 
after the 2009-2010 school year.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities, selection criteria, 
and non-statutory requirements. Section 437(d)(2) of GEPA, however, 
allows the Secretary to exempt from rulemaking requirements, 
regulations where application of those requirements will cause extreme 
hardship to the intended beneficiaries of the program. Conducting 
notice-and-comment rulemaking for the absolute priority, selection 
criteria, and non-statutory requirement (in section III.3.(c)) 
established in this notice would preclude timely implementation of this 
program for the 2009-2010 school year and, thereby, cause extreme 
hardship to the intended beneficiaries of this program, namely those 
students who are currently receiving scholarships under this program 
and are eligible to receive scholarships in the 2009-2010 school

[[Page 18568]]

year. In order to ensure the timely award of scholarships and continued 
participation of these students in this program for the upcoming school 
year, the Secretary has decided to forgo comment on the absolute 
priority, selection criteria, and non-statutory requirement (in section 
III.3.(c)) under section 437(d)(2) of GEPA. The absolute priority, 
selection criteria, and non-statutory requirement (in section 
III.3.(c)) will apply to the FY 2009 grant competition only.
    Program Authority: DC Code Sec. Sec.  38-1851.01--38-1851.11; 
Omnibus Appropriations Act, 2009, Public Law No. 111-8.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 86, 97, 98, and 99.

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


    Note:  The regulations in 34 CFR part 86 apply to institutions 
of higher education only.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $12,600,000.
    Estimated Number of Awards: 1.

    Note:  The Department plans to fund this project entirely from 
FY 2009 funds.


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

    Project Period: Up to 12 months.
    Budget Period: Up to 12 months.

III. Eligibility Information

    1. Eligible Applicants:
    (a) An educational entity of the District of Columbia Government.
    (b) A nonprofit organization.
    (c) A consortium of nonprofit organizations.

    Note:  To receive an award under this program, an applicant must 
ensure that a majority of the members of its voting board or 
governing organization are residents of the District of Columbia.

    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Additional Requirements: (a) An eligible entity receiving a 
grant under this program may award a scholarship, for the second or any 
succeeding years of a student's participation in the scholarship 
program, to a student who is a DC resident and comes from a household 
whose income does not exceed 200 percent (or, in the case of an 
eligible student whose first year of participation in the program was 
an academic year ending in June 2005 or June 2006 and whose second or 
succeeding year is an academic year ending on or before June 2009, 300 
percent) of the poverty line.
    (b) An eligible entity must assure that it will comply with all 
requests regarding the evaluation carried out under section 309 of the 
Act. Additional information regarding this evaluation can be found in 
the application package for this program.
    (c) An eligible entity must be willing and able to work with other 
entities affiliated with the Federal and District governments, as well 
as with other organizations that might conduct activities integral to 
the success of the program, including, as appropriate, determining the 
household income of scholarship recipients and ensuring the ongoing 
eligibility of schools participating in the program. Additionally, an 
eligible entity must demonstrate how it will communicate and coordinate 
with the current grantee, as needed, to ensure a seamless and smooth 
transition between the 2008-2009 and 2009-2010 school years for 
families and schools participating in the scholarship program.
    4. Other: Definitions: As used in this program:
    (a) Elementary school means an institutional day or residential 
school, including a public elementary charter school, that provides 
elementary education, as determined under District of Columbia law.
    (b) Parent includes a legal guardian or other person standing in 
loco parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare).
    (c) Poverty line means the poverty line (as defined by the Office 
of Management and Budget and revised annually in accordance with 
section 673(2) of the Community Services Block Grant Act) applicable to 
a family of the size involved.
    (d) Secondary school means an institutional day or residential 
school, including a public secondary charter school, that provides 
secondary education, as determined under District of Columbia law, 
except that the term does not include any education beyond grade 12.

IV. Application and Submission Information

    1. Address To Request Application Package: Michelle Armstrong, U.S. 
Department of Education, 400 Maryland Avenue, SW., Room 4W217, 
Washington, DC 20202-5970. Telephone: (202) 205-1729 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 competition.
    Notice of Intent To Apply: The Department will be able to develop a 
more efficient process for reviewing grant applications if it has a 
better understanding of the number of entities that intend to apply for 
funding under this competition. Therefore, the Secretary strongly 
encourages each potential applicant to notify the Department by sending 
a short e-mail message indicating the applicant's intent to submit an 
application for funding. The e-mail need not include information 
regarding the content of the proposed application, only the applicant's 
intent to submit it. This e-mail notification should be sent to 
[email protected]. Applicants that fail to provide this e-mail 
notification may still apply for funding.
    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. You must limit the 
application narrative [Part III] to the equivalent of no more than 25 
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. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    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

[[Page 18569]]

certifications; or the one-page abstract, the resumes, the 
bibliography, or the letters of support. However, the page limit does 
apply to all of the application narrative section [Part III].
    3. Submission Dates and Times:
    Applications Available: April 23, 2009.
    Deadline for Notice of Intent To Apply: May 8, 2009.
    Deadline for Transmittal of Applications: May 26, 2009.
    Applications for grants under this program must be submitted in 
paper format by mail or hand delivery. For information (including dates 
and times) about how to submit your application by mail or hand 
delivery, 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.
    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.
    (a) Scholarships.
    (1) A grantee must use grant funds to provide currently 
participating students who are D.C. residents and who meet the 
household income requirements of this program with scholarships to pay 
the tuition, fees, and transportation expenses, if any, to enable them 
to attend a participating District nonpublic elementary school or 
secondary school of their choice. A grantee must ensure that the amount 
of any tuition or fees charged by a school to a student participating 
in the program does not exceed the amount of tuition or fees that the 
school customarily charges to students who do not participate in the 
program. An entity that receives an award under this program will be 
responsible for ensuring compliance with this requirement by each 
participating school.
    (2) A grantee may award scholarships in varying amounts (subject to 
paragraph (b) of this section), with larger amounts going to students 
with the greatest need.
    (b) Annual Limit on Amount of Scholarship: The amount of assistance 
provided to any eligible student by a grantee with funds received under 
this program may not exceed $7,500 for any academic year.
    (c) Administrative Expenses: A grantee may use not more than 3 
percent of the amount provided under the grant each year for the 
administrative expenses of carrying out its program.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section in this notice.
    6. Other Submission Requirements: Applications for grants under 
this competition must be submitted in paper format by mail or hand 
delivery.
    a. Submission of Applications by Mail.
    If you submit your application by mail (through the U.S. Postal 
Service or a commercial carrier), 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 
84.370A), LBJ Basement Level 1, 400 Maryland Avenue, SW., Washington, 
DC 20202-4260.
    We request that you submit two additional copies of your 
application, in addition to the original and the required two copies 
(for a total of one original and four copies).
    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.

    b. Submission of Applications by Hand Delivery.
    If you submit your application by hand delivery, you (or a courier 
service) 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 84.370A), 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.
    We request that you submit two additional copies of your 
application, in addition to the original and the required two copies 
(for a total of one original and four copies).

    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 grant 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: We are establishing the following selection 
criteria for the FY 2009 grant competition only in accordance with 
section 437(d)(2) of GEPA, 20 U.S.C. 1232(d)(2). The maximum score for 
all of the selection criteria is 120 points. The maximum score for each 
criterion is indicated in parentheses with the criterion.
    (a) Selection of students (up to 10 points). In determining the 
quality of the applicant's plan for the selection of students to 
receive scholarships, the Secretary considers the extent to which--
    (i) The application provides a description of the lottery that 
would be used for selecting students to attend a participating school 
if more students apply to, and are accepted for enrollment by, that 
school than it can accommodate; and
    (ii) The application provides assurances and appropriate 
documentation that the applicant, if funded, will cooperate with the

[[Page 18570]]

evaluation contractor selected by the Department and the District of 
Columbia Government in planning and implementing the lottery for 
selecting program participants.
    (b) Notification of parents (up to 10 points). In determining the 
quality of the applicant's plan to notify parents of currently 
participating students about schools they may attend, the Secretary 
considers the extent to which the application provides evidence that 
parents will receive sufficient information about their options to 
allow them to make informed decisions, including, but not limited to, 
information on each participating school about the qualifications of 
its teachers; the educational philosophy and available courses and 
programs of the school; the achievement of the school's students; 
student expectations (such as uniforms, discipline policy, honor code, 
and required classes); and the safety and school environment of the 
school.
    (c) Amount of scholarship (up to 10 points). In determining the 
quality of the applicant's plan for establishing the amount of a 
scholarship to an eligible student, the Secretary considers the extent 
to which the applicant's methods--
    (i) Provide a mechanism to award scholarships for tuition and fees, 
and transportation expenses, if any, in larger amounts to those 
eligible students with the greatest need, provided they do not exceed 
the maximum annual scholarship amount; and
    (ii) Ensure that the amount of tuition and fees charged by a 
participating school to a scholarship student under the program will 
not exceed the amount of tuition and fees that the school customarily 
charges to students who do not participate in the program.
    (d) Participating schools (up to 10 points). In determining the 
quality of the applicant's plan for identifying participating nonpublic 
schools, the Secretary considers the extent to which the application--
    (i) Describes the applicant's plan to seek out non-public 
elementary and secondary schools that operate lawfully in the District, 
to participate in the program during the 2009-2010 school year;
    (ii) Describes how the applicant will ensure that participating 
schools will comply with the requirements of the Act and will provide 
the information needed for the applicant to meet the reporting 
requirements of the Act; and
    (iii) Describes how the applicant will ensure that participating 
schools are financially responsible and will use the funds received 
under this program effectively.
    (e) Renewal of scholarships (up to 20 points). In determining the 
quality of the applicant's plan for the renewal of scholarships, the 
Secretary considers the applicant's methods for determining the 
eligibility of participating students to continue in the program.
    (f) Quality of project personnel (up to 20 points). In determining 
the quality of the personnel of the proposed project, the Secretary 
considers the qualifications, including relevant training and 
experience, of the project director, other key personnel, and any 
project consultants in such areas as--
    (i) Working with schools, parents, and government officials;
    (ii) Operating a scholarship program; and
    (iii) Establishing and maintaining record-keeping requirements.
    (g) Organizational capability (up to 20 points). In determining the 
applicant's organizational capability, the Secretary considers--
    (i) The amount and quality of experience the applicant has with the 
types of activities it proposes to undertake in its application, such 
as conducting outreach, administering funds, tracking scholarships, and 
ensuring that scholarship funds are used for the payment of tuition and 
fees and transportation expenses, if any, in accordance with the Act; 
and
    (ii) The applicant's financial soundness.
    (h) Reports (up to 10 points). In determining the quality of the 
applicant's reporting plan, the Secretary considers the extent to which 
the applicant's plan for assembling the information and submitting 
activities reports, achievement reports, and reports to parents 
complies with the requirements under section 310 of the Act.
    (i) Collection of data (up to 10 points). In determining the 
quality of the applicant's plan to collect data, the Secretary 
considers the extent to which the applicant documents how it will 
cooperate with the evaluation contractor to collect data, including, 
but not limited to, student and parent demographics and income, parent 
perception of a student's current school (including safety), parent 
awareness of their choice options, contact information for parents, and 
consent forms for ongoing data collection.

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.
    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 http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: The long-term performance indicator for 
this program is whether, at the end of the program, the student 
achievement gains of participants are greater than that of students in 
control or comparison groups. Data for the performance measure will be 
collected through the program evaluation.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Michelle Armstrong, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 4W217, Washington, DC 20202-
5970. Telephone: (202) 205-1729 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 person 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

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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: April 20, 2009.
James H. Shelton III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. E9-9351 Filed 4-22-09; 8:45 am]
BILLING CODE 4000-01-P