[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24690-24694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10005]


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DEPARTMENT OF EDUCATION


Exemplary Charter School Collaboration Awards; Proposed 
Definitions, Requirements, and Selection Criteria; Catalog of Federal 
Domestic Assistance (CFDA) Number 84.282P

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice.

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SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement 
proposes definitions, requirements, and selection criteria for the 
Exemplary Charter School Collaboration Awards (Collaboration Awards) 
and may use these definitions, requirements, and selection criteria for 
a competition in fiscal year (FY) 2012 and later years. The Assistant 
Deputy Secretary is taking this action to create incentives for charter 
schools (as defined in section 5210(1) of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA)) to (a) collaborate with non-
chartered public schools (as defined in this notice) and non-chartered 
local educational agencies (LEAs) to share and transfer best 
educational and operational practices at the elementary and secondary 
school levels; and (b) disseminate information about these 
collaborations across the Nation.
    The Collaboration Awards competition would be designed to encourage 
charter schools and non-chartered public schools or non-chartered LEAs 
to share resources and responsibilities, build trust and teamwork, 
boost academic excellence in charter schools and non-chartered public 
schools alike, and provide students and their parents with a range of 
effective educational options.

DATES: We must receive your comments on or before May 25, 2012.

ADDRESSES: Address all comments about this notice to Erin Pfeltz, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W255, 
Washington, DC 20202-5970; or to Nancy Paulu, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W246, Washington, DC 20202-
5970.
    If you prefer to send your comments by email, use the following 
addresses: ed.gov">erin.pfeltz@ed.gov or ed.gov">nancy.paulu@ed.gov. You must include 
the phrase ``Exemplary Charter School Collaboration Awards--Comments on 
Proposed Definitions, Requirements, and Selection Criteria'' in the 
subject line of your electronic message.

[[Page 24691]]


FOR FURTHER INFORMATION CONTACT: Erin Pfeltz at (202) 205-3525 or by 
email at ed.gov">erin.pfeltz@ed.gov or Nancy Paulu at (202) 205-5392 or by 
email at ed.gov">nancy.paulu@ed.gov.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final definitions, requirements, and selection 
criteria, we urge you to identify clearly the specific proposed 
definition, requirement, or selection criterion that each comment 
addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from these 
proposed definitions, requirements, and selection criteria. Please let 
us know of ways we could reduce potential costs or increase potential 
benefits while preserving the effective and efficient administration of 
the Department's programs and activities.
    During and after the comment period, you may inspect all public 
comments about this notice in room 4W255, 400 Maryland Avenue SW., 
Washington, DC, between 8:30 a.m. and 4:00 p.m. Washington, DC time, 
Monday through Friday of each week except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record:
    On request, we will provide an appropriate accommodation or 
auxiliary aid to an individual with a disability who needs assistance 
to review the comments or other documents in the public rulemaking 
record for this notice. If you want to schedule an appointment for this 
type of accommodation or auxiliary aid, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program:
    The purpose of the Charter Schools Program (CSP) is to increase 
national understanding of the charter school model by---
    (1) Providing financial assistance for the planning, program 
design, and initial implementation of charter schools;
    (2) Evaluating the effects of charter schools, including the 
effects on students, student academic achievement, staff, and parents;
    (3) Expanding the number of high-quality charter schools available 
to students across the Nation; and
    (4) Encouraging the States to provide support to charter schools 
for facilities financing in an amount more nearly commensurate to the 
amount the States have typically provided for traditional public 
schools.
    Background:
    Over the past 20 years, the charter school movement has grown in 
size and significance. The first charter school opened in Minnesota in 
1992; today more than 5,000 charter schools are spread across the 
Nation. As charter schools have increased in number and popularity, so 
too has the tension between charter schools and traditional public 
schools and LEAs, as they compete for students. We believe that 
encouraging and facilitating collaboration between charter schools and 
non-chartered public schools and non-chartered LEAs can help change 
this dynamic.
    By encouraging charter schools, other public schools, and LEAs to 
work together as partners, the Department, through the Collaboration 
Awards competition, aims to increase national understanding of the 
charter school model. By creating partnerships and carrying out 
dissemination activities, non-chartered public schools and non-
chartered LEAs would get first-hand experience with the charter school 
model--freedom from some of the strict rules, regulations, and statutes 
that inhibit the flexible operation of traditional public schools and 
LEAs in exchange for increased accountability for producing certain 
results, as set forth in each school's charter. The Collaboration 
Awards competition would further support recent Federal initiatives 
that encourage Federal agencies to provide awards as incentives to 
stimulate innovation and promote agencies' core missions.
    Authorized Activities:
    The Collaboration Awards competition would be conducted as a part 
of the CSP's national activities. Under section 5205(a) of the ESEA, 
the Secretary reserves CSP funds to carry out a number of national 
activities, which may include, among other things, (a) providing 
information, training, and assistance to charter schools; (b) 
disseminating best or promising practices in charter schools to other 
public schools; (c) conducting evaluations or studies of the impact of 
charter schools on student achievement; and (d) providing other types 
of support and technical assistance to charter schools and other 
applicants for assistance under the CSP. The required activities that 
we are proposing for Collaboration Awards are within the scope of these 
authorized activities.
    Collaboration Award grantees would collaborate, and disseminate 
information about the collaborations, in a broad range of areas within 
the scope of activities authorized under section 5205(a) of the ESEA. 
Awards would be based on the quality of existing or past collaboration 
activities as well as proposals in the grant applications for future 
collaboration activities, which could involve continuing, modifying, or 
expanding the existing or past model or models of collaboration. In 
making awards, the Secretary also would consider the quality of 
proposals to disseminate information or best practices regarding the 
collaboration activities upon which the award is based.
    Program Authority:
    The CSP is authorized under 20 U.S.C. 7221-7221i. CSP national 
activities are authorized under 20 U.S.C. 7221d.

Proposed Definitions

    In addition to the definitions in section 5210 of the ESEA, which 
include the definition of charter school, we are proposing the 
following definitions for the Collaboration Awards competition. We may 
apply one or more of these definitions in any year in which we make 
awards under a Collaboration Awards competition.
    Collaboration refers to the activities of a partnership in which 
two or more organizations or entities work together to accomplish a 
common goal, which may involve sharing or transferring best practices 
or strategies.
    Non-chartered local educational agency (LEA) refers to an LEA that 
does not qualify as a charter school as defined in section 5210(1) of 
the ESEA or under State law.
    Non-chartered public school refers to a public school that does not 
qualify as a charter school under section 5210(1) of the ESEA or under 
State law.
    Significant compliance issue means a violation that did, will, or 
could lead to the revocation of a school's charter.
    Student achievement means--
    (a) For tested grades and subjects: (1) A student's score on the 
State's assessments under the ESEA; and, as appropriate (2) other 
measures of student learning, such as those described in paragraph (b) 
of this definition, provided they are rigorous and comparable across 
schools.
    (b) For non-tested grades and subjects: Alternative measures of 
student learning and performance, such as student scores on pre-tests 
and end-of-course tests;

[[Page 24692]]

student performance on English language proficiency assessments; and 
other measures of student achievement that are rigorous and comparable 
across schools.

Proposed Competition Requirements

Background

    The Department proposes to use the Collaboration Awards competition 
to encourage collaboration between charter schools and non-chartered 
public schools and non-chartered LEAs, as well as to disseminate 
information and share or transfer best practices to improve educational 
and operational practices in public schools, including public charter 
schools. The Assistant Deputy Secretary for Innovation and Improvement 
proposes the following requirements to support these goals. The 
Department may apply one or more of these requirements in any year in 
which this competition is in effect.

Proposed Eligibility Requirements

    1. Eligible applicants are charter schools (as defined in section 
5210(1) of the ESEA). In order to be eligible to receive an award under 
a Collaboration Awards competition, a charter school must apply in 
partnership with at least one non-chartered public school (as defined 
in this notice) or non-chartered LEA (as defined in this notice) and 
have the support of the partner(s) to participate in the competition. 
Multiple charter schools may be included in the partnership so long as 
they apply in partnership with each other and with at least one non-
chartered public school (as defined in this notice) or non-chartered 
LEA (as defined in this notice).
    2. The partnership must comply with the requirements for group 
applications set forth in 34 CFR 75.127-129.

    Note: Only an eligible party under the competition may apply for 
a grant or be the fiscal agent for a grant. Thus a non-chartered 
public school or a non-chartered LEA would not be eligible to be the 
lead applicant or fiscal agent for an exemplary charter school 
collaboration award.

    3. An applicant may submit more than one application if each 
application proposes to carry out substantially different authorized 
activities.
    4. Applicants may not have any significant compliance issues (as 
defined in this notice), including in the areas of student safety, 
financial management, and statutory or regulatory compliance.

Proposed Application Requirements

    An applicant for a Collaboration Award must--
    (1) Provide a detailed narrative describing (a) the applicant's 
past or existing collaboration model or models (which may involve more 
than one area of collaboration or partner); (b) the applicant's 
proposal to continue, modify, or expand the collaboration model or 
models (which may include adding new areas of collaboration or 
partners); and (c) the applicant's plan to disseminate information 
about the collaboration model or models (which may include information 
about best practices) to other public schools, including chartered 
schools, non-chartered schools, and non-chartered LEAs. The proposed 
collaboration model or models may focus on a wide range of areas within 
the scope of activities authorized under section 5205(a) of the ESEA, 
which includes, but is not limited to, curriculum and instruction, data 
management and sharing, organization and management, personnel, 
facilities, finances, Federal programs, standards, assessments, special 
education services, English learners, students with other special 
needs, student transportation, and professional development and 
training.

    Note:  In a particular year, the Secretary may restrict 
applications to one or more areas of focus or authorized activity 
under section 5205(a) of the ESEA.

    (2) Provide written assurance from authorized officials of the 
entities involved in the partnership that all participants--
     Agree to submit an application for an award under the 
competition and have read, understand, and agree with the application 
for the competition; and
     Agree to have the executive summary or narrative of the 
application, with proprietary information redacted, published on the 
U.S. Department of Education's Web site (ed.gov), data.ed.gov, the 
National Charter School Resource Center Web site 
(charterschoolcenter.org), or any other Web site or publication deemed 
appropriate by the Secretary;
    (3) Submit a partnership agreement that meets the requirements of 
34 CFR 75.128(b).
    (4) Provide a clear description of the goals and desired outcomes 
of the proposed collaboration and current or proposed measures that 
would be used to gauge success in meeting those goals and desired 
outcomes.
    (5) Describe any past, existing, or anticipated obstacles to 
implementing the collaboration model or models or to disseminating 
information about the collaboration model or models, and the strategies 
that were or will be used to overcome those obstacles.
    (6) Specify how the award money will be used to implement the 
collaboration model or models and to disseminate information about the 
collaboration model or models in accordance with section 5205(a) of the 
ESEA.
    (7) Specify how the award money will be shared between the partners 
named in the application. If grant activities will be carried out by 
both the applicant (the charter school) and its partner(s), the 
applicant must describe in the application and in the partnership 
agreement how the award money will be allocated between the partners, 
including the applicant.

Proposed Award Amounts and Funding Restrictions

    (1) The Department will announce in a notice inviting applications 
published in the Federal Register the estimated amount of funds 
available for a given Collaboration Awards competition and the number 
of awards that we expect to make.
    (2) A Collaboration Award grantee must use the award funds to carry 
out one or more of the following activities: (a) Continuing the 
collaboration model or models for which it received the award, as 
described in its grant application; (b) modifying the collaboration 
model or models for which it received the award, as described in the 
application; (c) expanding the collaboration model or models for which 
it received the award by adding additional areas of collaboration, as 
described in the application; or (d) expanding the collaboration model 
or models for which it received the award by adding additional partners 
(schools or LEAs), as described in the application. Collaboration Award 
grantees also must use award funds to disseminate information about the 
collaboration activities to other public schools, including chartered 
schools, non-chartered schools, and non-chartered LEAs. All activities 
carried out under the Collaboration Awards must fall within the scope 
of authorized activities set forth in section 5205(a) of the ESEA.

Proposed Selection Criteria

Background

    The selection criteria we propose are designed to-- (1) support 
collaborations between charter schools and non-chartered public schools 
and non-chartered LEAs that are most effective in raising student 
outcomes and creating efficiencies; (2) further the CSP's mission of 
increasing national understanding of the charter school

[[Page 24693]]

model; and (3) expand the number of high-quality charter schools.

Selection Criteria

    The Secretary proposes the following selection criteria for 
Collaboration Awards competitions and further proposes that we may 
apply one or more of these criteria alone or in combination with one or 
more selection criteria (1) based on the CSP authorizing statute or (2) 
in 34 CFR 75.210, in any year in which this program is in effect. In 
the notice inviting applications or the application package, or both, 
we will announce the maximum possible points assigned to each 
criterion.
    The Secretary could make awards to the top-rated applications 
proposing to carry out activities in specific areas of focus (e.g., 
curriculum and instruction, data management and sharing, organization 
and management) within the scope of authorized activities under section 
5205(a) of the ESEA. In a particular year, the Secretary may restrict 
applications to one or more areas of focus. Additionally, in making 
awards, the Secretary could fund applications out of rank order in 
order to ensure that the Collaboration Awards are distributed 
throughout each area of the Nation or a State.
    (1) Record of and potential for success. (A) The extent to which 
the applicant's past or existing collaboration model or models have 
improved educational outcomes and operational practices, and (B) the 
extent to which the applicant's proposed collaboration model or models 
and dissemination plan will achieve one or more of the following 
demonstrable results:
    (i) Improved operational practices and productivity among all 
partners;
    (ii) Improved student achievement (as defined in this notice);
    (iii) Improved high school graduation rates;
    (iv) Improved rates of college matriculation and college 
graduation; or
    (v) Improved rates of attendance and graduation from other 
postsecondary (i.e., non-college) institutions or programs.

    Note:  In the notice inviting applications or the application 
package, or both, we may assign points individually to the factors 
listed under this selection criterion.


    Note:  The Secretary invites comment on this criterion 
particularly with respect to measures that might be used to 
determine the extent to which an applicant's proposed collaboration 
model or models and dissemination plan will achieve improved 
operational practices and productivity among all partners.

    (2) Quality of the project design. The extent to which the 
applicant proposes a high-quality plan to use its award money to 
improve educational outcomes and operational practices in public 
schools, including charter schools.
    (3) Potential for scalability. The extent to which the applicant's 
proposed collaboration model or models can be replicated or adapted 
beyond the participating partners by other public schools or non-
chartered LEAs and sustained long-term.
    (4) Innovation. The extent to which the applicant demonstrates that 
its proposed collaboration model or models, as well as its 
dissemination plan, are either (a) substantially different from other 
efforts in its area of focus; or (b) substantially more effective than 
similar efforts in its area of focus.

Final Definitions, Requirements, and Selection Criteria

    We will announce the final definitions, requirements, and selection 
criteria in a notice in the Federal Register. We will determine the 
final definitions, requirements, and selection criteria after 
considering responses to this notice and other information available to 
the Department. This notice does not preclude us from proposing 
priorities or additional definitions, requirements, or selection 
criteria, subject to meeting applicable rulemaking requirements.

    Note:  This notice does not solicit applications. In any year in 
which we choose to use one or more of these proposed definitions, 
requirements, and selection criteria, we will invite applications 
through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3 (f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practical--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety and other advantages; 
distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated behavior 
changes.''
    We are taking this proposed regulatory action only on a reasoned 
determination that the benefits justify the costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
maximize net benefits. The Department believes that this proposed 
regulatory action is consistent with the principles in Executive Order 
13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits of this regulatory action. 
The potential costs associated with this regulatory action are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department conducts a preclearance consultation program to 
provide the general public and Federal agencies with an opportunity to 
comment on proposed and continuing collections of information in 
accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3506(c)(2)(A)).

[[Page 24694]]

This helps ensure that the public understands the Department's 
collection instructions, respondents can provide the requested data in 
the desired format, reporting burden (time and financial resources) is 
minimized, collection instruments are clearly understood, and the 
Department can properly assess the impact of collection requirements on 
respondents.
    We estimate that each applicant would spend approximately 176 hours 
of staff time to address the proposed requirements and selection 
criteria, prepare the application, and obtain necessary clearances. The 
total number of hours for all expected applicants is an estimated 7,040 
hours. We estimate the total cost per hour of the applicant-level staff 
who will carry out this work to be $57 per hour. The total estimated 
cost for all applicants would be $401,280.
    We have submitted an Information Collection Request (ICR) for this 
collection to the Office of Management and Budget (OMB). If you want to 
comment on the proposed information collection requirements, please 
send your comments to the Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for U.S. Department of Education. Send 
these comments by email to [email protected] or by fax to (202) 
395-6974. You may also send a copy of these comments to the Department 
contact named in the ADDRESSES section of this notice.
    In preparing your comments you may want to review the ICR, which we 
maintain in the Education Department Information Collection System 
(EDICS) at http://edicsweb.ed.gov. Click on ``Browse Pending 
Collections.'' This proposed collection is identified as proposed 
collection 1855-NEW. This ICR is also available on OMB's RegInfo Web 
site at www.reginfo.gov.
    We consider your comments on this proposed collection of 
information in--
     Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
information we collect; and
     Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed definitions, requirements, and 
selection criteria between 30 and 60 days after publication of this 
document in the Federal Register. Therefore, to ensure that OMB gives 
your comments full consideration, it is important that OMB receives 
your comments on the proposed collection by May 25, 2012. This does not 
affect the deadline for your comments to us on the proposed 
definitions, requirements, and selection criteria.
    Please note that a Federal agency cannot conduct or sponsor a 
collection of information unless OMB approves the collection under the 
PRA and the corresponding information collection instrument displays a 
currently valid OMB control number. Notwithstanding any other provision 
of law, no person is required to comply with, or is subject to penalty 
for failure to comply with, a collection of information if the 
collection instrument does not display a currently valid OMB control 
number. We will provide the OMB control number when we publish the 
notice of final definitions, requirements, and selection criteria.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site 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). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: April 20, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2012-10005 Filed 4-24-12; 8:45 am]
BILLING CODE 4000-01-P