[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40647-40662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16462]


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

DEPARTMENT OF EDUCATION

34 CFR Chapter II

[CFDA Number: 84.282N]


Final Priorities, Requirements, and Definitions--Charter Schools 
Program (CSP) Grants for National Leadership Activities

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

ACTION: Final priorities, requirements, and definitions.

-----------------------------------------------------------------------

SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement 
announces final priorities, requirements, and definitions under the CSP 
Grants for National Leadership Activities. The Assistant Deputy 
Secretary may use one or more of these priorities, requirements, and 
definitions for competitions in fiscal year (FY) 2015 and later years.

DATES:  Effective Date: These final priorities, requirements, and 
definitions are effective August 13, 2014.

FOR FURTHER INFORMATION CONTACT: Brian Martin, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W224, Washington, DC 20202-
5970. Telephone: (202) 205-9085. Or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Purpose of Program

    The purpose of the 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 (as 
defined in the notice) available to students across the Nation; and
    (4) Encouraging the States to provide support to charter schools 
for facilities financing in an amount that is more commensurate with 
the amount the States have typically provided for non-chartered public 
schools.
    The purpose of the CSP Grants for National Leadership Activities 
(CFDA 84.282N) is to support efforts by eligible entities to improve 
the quality of charter schools by providing technical assistance and 
other types of support on issues of national significance and scope.

Program Authority

    The CSP is authorized under 20 U.S.C. 7221-7221i; CSP Grants for 
National Leadership Activities are authorized under 20 U.S.C. 7221d.
    The U.S. Department of Education (Department) published a notice of 
proposed priorities, requirements, and definitions (NPP) for the CSP 
Grants for National Leadership Activities in the Federal Register on 
December 3, 2013 (78 FR 72600). The NPP contained background 
information and our reasons for proposing the particular priorities, 
requirements, and definitions.
    The Analysis of Comments and Changes section in this notice 
describes the differences between the priorities, requirements, and 
definitions we proposed in the NPP and these final priorities, 
requirements, and definitions. The two most significant changes are as 
follows:
    We revised the language in Priority 2--Improving Accountability to 
clarify how applicants can describe how their projects will improve 
authorized public chartering agencies' capacity to approve new charter 
schools. We made this change because the proposed priority referred to 
authorized public chartering agencies' capacity to approve only high-
quality charter schools, which, as defined in this notice, requires 
that the school show evidence of strong academic results for the past 
three years (or over the life of the school, if the school has been 
open for fewer than three years). While authorized public chartering 
agencies, or authorizers, should approve only high-quality charter 
petitions, it is not feasible for authorizers to approve only high-
quality charter schools as defined in this notice, as the definition 
would not allow an authorizer to approve a new charter school with no 
academic achievement data.
    We revised Priority 3--Students with Disabilities and Priority 4--
English Learners to allow applicants to address the priorities by 
promoting collaborative activities between charter schools, non-
chartered public schools, and as applicable, key special education 
stakeholders or key English learner stakeholders, which are designed to 
improve academic achievement and attainment outcomes for these student 
subgroups.
    Public Comment: In response to our invitation in the NPP, 38 
parties submitted comments on the proposed priorities, requirements, 
and definitions.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address comments that raise concerns not directly 
related to the proposed priorities, requirements, or definitions.
    Analysis of Comments and Changes: An analysis of the comments and 
any changes in the proposed priorities, requirements, and definitions 
since publication of the NPP follows.

Priorities

    Comment: Multiple commenters made suggestions regarding how each of 
the priorities should be designated (i.e.,

[[Page 40648]]

absolute, competitive preference, or invitational). Specifically, one 
commenter suggested that we use Priority 1--Improving Efficiency 
through Economies of Scale as an invitational priority because, 
according to the commenter, the objectives of the priority are already 
in place through cooperative agreements with school districts and 
private organizations. Another commenter suggested that due to the 
overall growth of English learners, Priority 4--English Learners should 
be a competitive preference priority. A third commenter suggested that 
Priority 5--Personalized Technology-Enabled Learning should be an 
absolute priority, as positive impact can be seen across all student 
subgroups.
    Discussion: This notice is designed only to establish the 
priorities that we may choose to use in the CSP Grants for National 
Leadership Activities competitions in 2015 and future years. We do not 
designate whether a priority will be absolute, competitive, or 
invitational in this notice; we retain the flexibility to determine how 
best to designate the priorities to ensure that funded projects address 
the most pressing areas of need for competitions in 2015 or in future 
years. When inviting applications for a competition using one or more 
of these priorities, we will designate the type of each priority 
through a notice in the Federal Register.
    Changes: None.
    Comment: One commenter suggested that each of the priorities should 
place more of an emphasis on communication and dissemination activities 
in order to ensure that each project's effectiveness can be reviewed 
and evaluated by other organizations.
    Discussion: We appreciate the suggestion and agree that the 
evaluation of a project and the communication and dissemination of 
information about a project's effectiveness are important. Because 
entities receiving the CSP Grants for National Leadership Activities 
are required to demonstrate how they will disseminate information at 
the charter school national level (as defined in this notice), an 
emphasis on communication and dissemination already exists in this 
notice. Although we agree project evaluation and dissemination of the 
results of the evaluation are critical to the CSP Grants for National 
Leadership Activities, we do not think it is necessary to develop a 
program-specific requirement regarding evaluation because evaluation 
design can be addressed through selection criteria. Specifically, the 
Education Department General Administrative Regulations (EDGAR) include 
a selection criterion under 34 CFR 75.210(h), Quality of the Project 
Evaluation, that provides selection factors that encourage applicants 
to conduct rigorous evaluations of their projects and disseminate 
relevant findings, which could be incorporated in the selection 
criteria for a future competition under this program.
    Changes: None.
    Comment: Two commenters suggested creating a priority designed to 
increase the development and refinement of charter school leaders. One 
of the commenters stated that creating a leadership pipeline was 
important, particularly in the current context of major reforms, 
including the implementation of Common Core State Standards and new 
teacher evaluation systems. Both commenters stated that high-quality 
leaders are of critical national importance as States launch new 
assessments aligned with college- and career-ready standards.
    Discussion: We agree that improving human capital development for 
the charter school sector is of national significance. However, we do 
not think a separate priority is needed to address this issue. We note 
that applicants already have flexibility to incorporate activities 
involving human capital development as part of projects addressing 
Priority 1--Improving Efficiency through Economies of Scale.
    Changes: None.
    Comment: One commenter proposed that the Department add an 
additional priority, ``Promoting Racial and Economic Diversity.'' 
Another commenter proposed we add a similar priority with a focus on 
diversity and cultural competency. Both commenters noted that the 
absence of a school diversity priority is especially troubling in light 
of Department publications that emphasize the importance of, and offer 
guidance with respect to, issues regarding diversity in public 
education.
    Discussion: We appreciate the commenters' concerns and agree that 
increasing diversity is important; however, we do not think a separate 
priority is needed. We note that efforts to increase diversity and 
cultural competency can be included as allowable activities under the 
priorities selected for CSP Grants for National Leadership Activities 
competitions. In addition, the eligible applicants under other CSP 
competitions, such as those under the CSP State Educational Agency 
(SEA) competition, whose grantees provide start-up and dissemination 
grants directly to individual charter schools, are likely better suited 
to increase diversity in charter schools.
    Changes: None.
    Comment: One commenter suggested that we create an additional 
priority that rewards applicants that demonstrate their schools have an 
expulsion and suspension rate similar to, or lower than, the schools in 
their surrounding communities or school districts. In addition, the 
commenter recommended preference be given to grant applicants under 
this program that have a record of serving students with disabilities 
and English learners at the same or better rates than their surrounding 
communities or school districts.
    Discussion: Although we appreciate the commenter's concerns, the 
CSP Grants for National Leadership Activities competition is designed 
to support projects of national significance for charter schools and is 
not meant to award points based on the specific characteristics of a 
given school.
    Changes: None.
    Comment: One commenter suggested we add a priority addressing the 
following topics: curriculum, instruction and assessment, data-driven 
decision-making and analysis, performance management, and professional 
learning communities.
    Discussion: We agree that each of the topics above, especially for 
the purpose of improving student achievement and teacher effectiveness, 
is an area of national significance. However, we do not think a 
separate priority is needed to address these topics as applicants 
already have flexibility to incorporate these topics as part of 
projects addressing Priority 1--Improving Efficiency through Economies 
of Scale.
    Changes: None.
    Comment: One commenter suggested that many charter school 
incubators and other investing organizations play a major role in 
opening and closing charter schools; therefore, the Department should 
consider assisting such organizations in increasing the quality of 
their investment processes and the sharing of their best practices 
under this program.
    Discussion: We think investing organizations, such as charter 
school incubators, play an important role in the charter school sector. 
We note that applicants already have flexibility to incorporate these 
concepts as part of projects addressing Priority 1--Improving 
Efficiency through Economies of Scale.
    Changes: None.
    Comment: One commenter recommended removing the national scope 
requirement from Priority 1--Improving Efficiency through Economies of 
Scale and Priority 2--Improving Accountability. The commenter stated 
that, for Priority 1, the costs of

[[Page 40649]]

providing services for English learners and students with disabilities, 
and educators, in addition to the costs associated with bringing 
schools in different geographic locations together, far outweigh the 
costs saved by developing systems of scale. The commenter stated that 
Priority 2's requirement for projects of national significance and 
scope would exclude authorized public chartering agencies that limit 
their charters to only one State.
    Discussion: As the CSP Grants for National Leadership Activities 
competition is dedicated to national activities, it is important that 
we award grants for projects with a national relevance. We disagree 
that the cost of implementing a project that is national in its scope 
outweighs the benefits of developing shared systems of collaboration 
and information. In Priority 1, the Department encourages organizations 
affiliated with the charter school sector to implement innovative ideas 
for achieving economies of scale and aggregating demand in the charter 
sector. Applicants addressing these priorities must describe how the 
project will have national significance and scope. However, the 
priorities do not dictate how an individual applicant should 
incorporate national significance or scope into its proposed project. 
We think that if an applicant proposed a project that would occur 
within only one State, but still demonstrated that the proposed project 
is of national significance and scope and meets all requirements, the 
proposed project could be eligible under Priority 1 or Priority 2.
    Changes: None.
    Comment: Two commenters suggested eliminating Priority 1--Improving 
Efficiency through Economies of Scale. One commenter felt that the 
priority does not warrant enough importance for this competition. A 
second commenter stated that the idea behind the priority was 
appealing, but that, in practice, transaction costs often outweigh any 
sustainable economies of scale.
    Discussion: We think Priority 1 is important for this competition, 
as it will encourage more collaboration and improve efficiencies in the 
charter sector. This priority is intended to address the barriers that 
charter schools experience when trying to achieve economies of scale, 
and to promote shared systems for acquiring and developing resources 
supporting the charter school sector. By promoting projects of national 
significance that can encourage such shared systems and that support 
the dissemination and replication of successful practices nationally, 
including the assembly of communities of practice, we think eligible 
applicants will address the concerns and transaction costs that can 
potentially discourage such partnerships and collaborations. In 
addition, we think that the creation of partnerships and collaborations 
will foster the development of innovative practices in scaling 
operational services that may benefit schools. This priority is not 
only for charter school collaborations that are achieving economies of 
scale but could also be for organizations bringing charter schools 
together to develop economies of scale and thus reduce the costs and 
burden placed on the schools.
    Changes: None.
    Comment: One commenter noted that Priority 1--Improving Efficiency 
through Economies of Scale appears to indicate that urban centers may 
receive preferential treatment over rural areas. The commenter 
suggested that a competition of truly national scope must include a 
goal of creating and supporting both a single site and a network of 
vibrant rural sites, as well as serving large urban areas.
    Discussion: The priorities are designed to encourage charter school 
projects with a national scope and significance. The definition of 
``charter school national level'' used in Priority 1--Improving 
Efficiency through Economies of Scale and Priority 2--Improving 
Accountability states that the applicant's dissemination strategy at 
the charter school national level will consist of working across 
multiple States across the country, including rural and urban areas. 
Other priorities only require that projects are of national 
significance and scope, which does not give preference to urban centers 
over rural areas.
    Changes: None.
    Comment: One commenter urged that a series of in-depth cost studies 
be undertaken to provide a detailed overview of the types of costs 
associated with Priority 1--Improving Efficiency through Economies of 
Scale.
    Discussion: We appreciate the commenter's concern regarding the 
types of costs associated with Priority 1--Improving Efficiency through 
Economies of Scale. Applicants that apply under this priority would 
need to describe how, and the extent to which, the activities proposed 
in their applications will achieve efficiencies. These narrative 
descriptions in the applications, along with the other measures in 
paragraphs (2) through (5) of Priority 1 will allow peer reviewers to 
evaluate whether, and to what extent, applicants will achieve 
efficiencies in the use of time, staff, money, services for special 
populations, or other resources. Provided an applicant meets all 
requirements under this priority, the applicant could propose to use 
these funds to conduct a cost study as part of its proposed project 
activities.
    Changes: None.
    Comment: One commenter asked if Priority 1--Improving Efficiency 
through Economies of Scale supports economies of scale that can arise 
from teacher-based cooperative arrangements or human capital management 
solutions. The commenter also asked how the priority would apply to 
individual schools, or whether a critical evaluation of office products 
or services, group licensing of licensed services, or a comparison with 
various sources of teachers and leaders from the cost efficiency 
perspective would be sufficient to meeting the requirements of the 
priority. In addition, the commenter asked if Priority 1--Improving 
Efficiency through Economies of Scale would apply to efficiencies 
across providers within a sector.
    Discussion: Individual charter schools, provided they meet all 
requirements under this priority, would be eligible to apply as part of 
an existing or proposed partnership or consortium. An individual 
charter school would not be eligible to apply under this priority 
independent of an existing or proposed partnership or consortium. As 
stated in Priority 1--Improving Efficiency through Economies of Scale, 
applicants should seek innovative solutions to achieve efficiencies in 
the use of time, staff, money, services for special populations, or 
other resources for the purpose of creating, supporting, and sustaining 
high-quality charter schools (as defined in this notice). If teacher-
based cooperative agreements, human capital management solutions, 
critical evaluations of office products or services, group licensing of 
licensed services, a comparison with various sources of teachers and 
leaders from the cost efficiency perspective, or other proposed 
activities would achieve these efficiencies, an applicant could include 
these activities to address Priority 1. Similarly, if proposed 
activities to increase the efficiencies across providers within a 
sector meet all requirements under this priority, an applicant could 
include those activities to address Priority 1.
    Changes: None.
    Comment: One commenter recommended that under Priority 1--Improving 
Efficiency through Economies of Scale, we consider how applicants can 
demonstrate that their policies, processes, and communications will 
achieve efficiencies in assisting special

[[Page 40650]]

populations, or any activities related to running a high-quality 
charter school.
    Discussion: Priority 1--Improving Efficiency through Economies of 
Scale is not limited to specific economies of scale, such as assisting 
special populations, or the specific activities of operating a high-
quality charter school (as defined in this notice). We want all 
applicants to consider, based on their experience, the areas of 
greatest need for the charter school sector to determine how to address 
the priority. As such, applicants have the flexibility and discretion 
to propose projects that achieve efficiencies in any of the areas 
included in the priority language.
    Changes: None.
    Comment: One commenter suggested that Priority 1--Improving 
Efficiency through Economies of Scale include the possibility for 
organizations that have collaborations already in place to apply for 
funding.
    Discussion: Priority 1--Improving Efficiency through Economies of 
Scale is intended to encourage the development of consortia of charter 
schools that will share systems for acquiring goods or services. We 
edited the second introductory paragraph of Priority 1--Improving 
Efficiency through Economies of Scale to clarify that existing 
partnerships or consortia could apply under this priority. We agree 
that this change is appropriate to further the purpose of the program 
and Priority 1.
    Changes: We changed the second introductory paragraph of Priority 1 
to ``An applicant addressing this priority must apply as part of an 
existing or proposed partnership or consortium that includes two or 
more high-quality charter schools, as defined in this notice . . .''
    Comment: One commenter suggested that the goal of Priority 1--
Improving Efficiency through Economies of Scale is undermined by not 
including charter management organizations (CMOs) seeking to promote 
shared services and systems. The commenter noted that CMOs are often at 
the forefront of efforts to share services and systems, and that 
successful CMOs can serve as national models and leaders for district 
and charter schools in developing these shared systems and economies of 
scale. Conversely, another commenter suggested that Priority 1--
Improving Efficiency through Economies of Scale clarify whether 
eligible applicants must be CMOs.
    Discussion: To clarify, CMOs are eligible applicants under Priority 
1. Eligible applicants include public and private nonprofit 
organizations with a mission that explicitly includes operating, 
supporting, or managing charter schools; this eligibility includes CMOs 
and many other types of organizations. In addition, upon further 
review, we determined that the language of the proposed priority would 
have allowed a single CMO to develop a partnership or consortium 
comprised solely of schools within its network, which was not the 
intent. We revised paragraph (2) of Priority 1--Improving Efficiency 
through Economies of Scale to clarify that the applicant must describe 
how activities will include members or proposed members that are not 
affiliated exclusively with a common network (e.g., a charter 
management organization). As such, a CMO applicant's project must 
include other entities beyond its current network. This requirement 
does not exclude CMOs from applying, but it does require project 
applications from CMOs to identify members of the proposed partnership 
or consortium beyond their network.
    Change: We revised paragraph (2) of Priority 1--Improving 
Efficiency through Economies of Scale to ``The members or proposed 
members of the partnership or consortium, how the composition of this 
partnership or consortium contributes to achieving efficiencies, and 
the specific activities each member or proposed member will implement. 
Applicants must demonstrate that members of the existing or proposed 
partnership or consortium are not affiliated exclusively with a common 
network (e.g., a charter management organization).''
    Comment: Two commenters made suggestions regarding consortia in 
Priority 1--Improving Efficiency through Economies of Scale. One 
commenter suggested that charter schools that are not yet high-quality 
charter schools be allowed to participate in consortia and receive 
services through consortia. The commenter noted that the current 
language could be interpreted to only allow consortia to serve schools 
that already meet the definition of high-quality charter schools, thus 
reducing the effectiveness and viability of consortia. In addition, one 
commenter suggested that the priority should not be limited to 
developing consortia of charter schools but rather encourage the 
development of any innovative system that achieves economies of scale 
in the charter sector.
    Discussion: The Department would like to clarify that Priority 1--
Improving Efficiency through Economies of Scale does not limit 
consortia to serving only schools that meet the definition of high-
quality charter schools; however, all charter schools that apply as 
part of a partnership or consortium, or apply under a group 
application, must meet that definition. The purpose of this priority is 
to establish a connected group that will create an opportunity for 
charter schools to develop strategies and practices to assist the 
charter schools in becoming high-quality charter schools (as defined in 
this notice). This priority creates an opportunity for charter schools 
to develop strategies and practices that will assist them in becoming 
high-quality charter schools, as defined by standards in this notice or 
by State and authorizer standards, whichever are more rigorous. 
Consortia members are not limited to charter schools; they may be 
comprised of any organizations that meet the eligibility requirements 
under the Eligibility section of this notice. As discussed elsewhere in 
this notice, we clarified this point by editing the second introductory 
paragraph of Priority 1. In addition, upon further review of the 
priority language, we changed the first introductory paragraph of 
Priority 1 and paragraph (3) of Priority 1. Creating and sustaining 
high-quality charter schools (as defined in this notice) is a 
fundamental component of high-quality authorizing; however, while 
authorized public chartering agencies should only approve petitions 
from applicants that demonstrate the capacity to create high-quality 
charter schools, we recognize that it is not possible for newly created 
charter schools to meet the definition of a high-quality charter school 
because the definition includes a requirement that the school show 
evidence of strong academic results for the past three years (or over 
the life of the school, if the school has been open for fewer than 
three years). As discussed elsewhere in this notice, new charter 
schools would not be able to meet the requirements of this definition. 
In addition to language that would help in creating charter schools 
that demonstrate the capacity to become high-quality and in sustaining 
those that are high-quality, we added language to support new charter 
schools in becoming high-quality.
    Changes: We revised the first introductory paragraph of Priority 
1--Improving Efficiency through Economies of Scale by replacing 
``creating and sustaining high-quality charter schools'' with 
``creating, supporting, and sustaining high-quality charter schools (as 
defined in this notice).'' In addition, in paragraph (3) of Priority 1, 
we replaced ``How proposed project activities will help create and 
sustain high-quality charter schools'' with ``How the proposed project 
activities will help create charter schools that demonstrate the 
capacity to become

[[Page 40651]]

high-quality charter schools, support new charter schools to become 
high-quality charter schools, and sustain charter schools that are 
high-quality.''
    Comment: One commenter suggested that under Priority 1--Improving 
Efficiency through Economies of Scale, we broaden the scope of 
allowable activities to encourage information sharing and efforts, such 
as developing common systems of open enrollment.
    Discussion: As stated in Priority 1--Improving Efficiency through 
Economies of Scale, applicants should seek innovative solutions to 
achieve efficiencies in the use of time, staff, money, services for 
special populations, or other resources for the purpose of creating, 
supporting, and sustaining high-quality charter schools (as defined in 
this notice). As written, the priority language provides applicants the 
flexibility and discretion to propose projects that achieve 
efficiencies in any of the areas included in the priority language. As 
such, an applicant is not prohibited from proposing activities to 
encourage information sharing and efforts such as developing common 
systems of open enrollment so long as that applicant meets the 
requirements of this priority and all eligibility requirements.
    Changes: None.
    Comment: One commenter suggested that we add language to paragraphs 
(1) and (2) under Priority 1--Improving Efficiency through Economies of 
Scale that requires applicants to document the involvement of parents 
and other members from the community where the charter school will be 
located. The commenter also suggested that applicants should be 
required to communicate guidance, rules, policy changes, and 
expectations to approved charter schools and the school's student 
applicants in an effective and timely manner.
    Discussion: We appreciate the commenter's support for family and 
community engagement and effective communication with charter schools 
and their applicants and think because of the wide range of projects 
that could be considered under this priority, it is not appropriate to 
require a family and community engagement component of all applicants. 
In addition, a requirement to communicate guidance, rules, policy 
changes, and expectations to approved charter schools and the school's 
student applicants in an effective and timely manner would be included 
in a grant application and not in this final priority. Such 
requirements, if any, will be detailed in the notice inviting 
applications or application package for any future competition under 
this program.
    Changes: None.
    Comment: None.
    Discussion: Upon further review, we determined that paragraph (1) 
of proposed Priority 1--Improving Efficiency through Economies of 
Scale, which supports projects that improve efficiency in the ``use of 
time, staff, money, services for special populations, or other areas,'' 
should be revised. We think that the word ``areas'' is too broad, and 
that ``resources'' suggests achieving economic efficiencies in a way 
that ``areas'' does not.
    Changes: In paragraph (1) of Priority 1--Improving Efficiency 
through Economies of Scale, we replaced ``areas'' with ``resources.'' 
This change also maintains consistency in the language with the first 
sentence of the priority.
    Comment: None.
    Discussion: Upon further review, we realized that in the 
introductory paragraph of Priority 1--Improving Efficiency through 
Economies of Scale, we refer to ``partnership or consortium'' but we 
also refer to ``consortium or consortia'' in the priority. We want to 
maintain consistent language in these references.
    Changes: We replaced ``consortium or consortia'' in the second 
introductory paragraph and paragraph (1) with ``partnership or 
consortium.''
    Comment: None.
    Discussion: Upon further review, we determined that we could avoid 
using both ``primarily'' and ``primary'' in the same sentence in 
paragraph (4) of Priority 1--Improving Efficiency through Economies of 
Scale without changing the intended meaning. Accordingly, we have 
replaced ``primary'' with ``chief.'' In addition, in that same 
paragraph, we added LEAs as an example of a stakeholder group to whom 
the project activities could be disseminated secondarily.
     Changes: We replaced the phrase ``primarily to charter schools as 
the primary stakeholder group'' with ``primarily to charter schools as 
the chief stakeholder group.'' We also included the term ``LEAs'' to 
read ``. . . such as charter school support organizations, LEAs, and 
authorized public chartering agencies, as appropriate, at the charter 
school national level (as defined in this notice).''
    Comment: None.
    Discussion: Upon further review of Priority 1--Improving Efficiency 
through Economies of Scale, we determined that the dissemination 
strategy required under paragraph (4) includes dissemination at the 
charter school national level (as defined in this notice) and this 
creates confusion with the ``national significance and scope'' 
described in paragraph (6). To clarify our intent, we have edited 
``national significance and scope'' to ``national significance'' in 
paragraph (6).
    Changes: We replaced ``national significance and scope'' with 
``national significance'' in paragraph (6) of Priority 1--Improving 
Efficiency through Economies of Scale.
    Comment: One commenter suggested that a statement in the background 
section to Proposed Priority 2--Improving Accountability in the NPP be 
retracted. The sentence in the NPP said, ``Once schools are open, 
accountability practices for charter schools need to be strengthened 
within States.'' In addition, the commenter noted that use of the term 
``more consistently'' in this same section of the background in the NPP 
has no backing to substantiate the claim that authorizers need to 
review their accountability practices.
    Discussion: In the background section for this priority in the NPP, 
we provided an explanation of the development of the priority. Because 
charter schools across the country are not authorized by a single 
entity and 43 distinct sets of State laws govern charter schools, the 
potential for inconsistency exists in how charter schools are held 
accountable for their academic, financial, and operational performance 
results. In addition, we think that accountability practices for 
charter schools need to be strengthened within States. Priority 2--
Improving Accountability is designed to support improvements in the 
accountability of authorizers. Specifically, this priority aims to 
support the dissemination of effective authorizing practices to all 
authorizers so they adopt practices that will strengthen oversight.
    Changes: None.
    Comment: One commenter noted that the language in paragraph (2) of 
Priority 2--Improving Accountability precludes applicants that serve 
charter schools in one State, or one city, from the opportunity to 
apply for funds and to extend their reach nationally. The commenter 
noted that the CSP Grants for National Leadership Activities 
competition would exclude the best of local authorized public 
chartering agencies that authorize charter schools in only one State or 
city.
    Discussion: The purpose of Priority 2--Improving Accountability is 
to ensure that applicants build authorizer capacity and disseminate 
successful practices within multiple regions of the United States. 
While this requirement

[[Page 40652]]

would limit local authorized public chartering agencies from applying 
individually, eligible applicants may apply as a partnership or 
consortium, allowing them to pool their experiences, skills, and 
resources. An authorized public chartering agency that authorizes 
charter schools in only one State could propose a project to improve 
authorized public chartering agencies' capacity at the regional level 
or national level.
    Changes: None.
    Comment: One commenter suggested that we add language to Priority 
2--Improving Accountability that would require authorizers to develop 
and implement policies on how they will monitor charter applicants 
providing services to students with disabilities.
    Discussion: To the extent that the commenter is referring to 
authorizer monitoring of the academic performance of charter schools, 
we agree that it is important for authorizers to focus in particular on 
students with disabilities. In addition, upon further review, we think 
it is also important for authorizers to focus similarly on English 
learners and other students in need of specialized services. 
Accordingly, we revised Priority 2--Improving Accountability by adding 
language that requires CSP Grants for National Leadership Activities 
applicants to include metrics to assess educational equity for students 
with disabilities, English learners, and other students in need of 
specialized services in their descriptions of the types of data 
authorizers should use to monitor and oversee charter schools. In 
addition, it is important to note that under section 612(a)(11) of the 
Individuals with Disabilities Education Act (IDEA) and 34 CFR 
300.149(a)(2)(ii), the State educational agency, in carrying out its 
general supervisory responsibility, is required to ensure that all 
educational programs for students with disabilities administered in the 
State, including any other State agency or local agency, meet the 
educational standards of the State educational agency, including the 
requirements in the IDEA. Thus, under IDEA, the SEA has an overarching 
responsibility to ensure that all program requirements in the IDEA are 
met and to monitor implementation of those requirements by eligible 
entities, including charter schools that operate as LEAs that have 
established their eligibility under section 613 of the IDEA for Part B 
of the IDEA funds, and charter schools that are public schools of LEAs 
that receive Part B funds.
    Changes: We revised paragraphs (1)(ii) and (2)(ii) of Priority 2--
Improving Accountability to ``Monitor and oversee charter schools 
through measureable performance goals and multiple sources of regularly 
collected academic and operational performance data (using financial 
data, disaggregated student discipline data, and disaggregated student 
performance data, including metrics to assess educational equity for 
students with disabilities, English learners, and other students in 
need of specialized services).''
    Comment: One commenter suggested we expand Priority 2--Improving 
Accountability to ensure the eligibility of projects proposed by 
charter support organizations that are designed to improve the capacity 
to develop and track measurable performance goals. The commenter stated 
that responsibility for the success of a charter school rests on the 
school and its governing organization, and that any priority for 
improved accountability must also include activities that focus on 
school-level accountability.
    Discussion: We recognize the importance of factors, such as 
governance and performance management, to charter operators and 
authorized public chartering agencies. However, Priority 2--Improving 
Accountability is designed to address accountability through authorized 
public chartering agencies. The types of activities suggested by the 
commenter would fall within the scope of Priority 1--Improving 
Efficiency through Economies of Scale.
    Changes: None.
    Comment: One commenter suggested Priority 2--Improving 
Accountability be a competitive preference priority because the 
commenter's State does not address authorizer accountability.
    Discussion: The intent of Priority 2--Improving Accountability is 
to support projects that are designed to improve authorizer capacity. 
We think this priority will encourage authorizers to improve their 
practices, even if their State does not clearly address authorizer 
accountability. In addition, as stated elsewhere in this notice, this 
action is designed only to establish the priorities that we may choose 
to use in the CSP Grants for National Leadership Activities 
competitions in 2015 and future years. We do not designate whether a 
priority will be absolute, competitive, or invitational in this notice.
    Changes: None.
    Comment: One commenter suggested that we should broaden the scope 
of Priority 2--Improving Accountability to clarify that successful 
applicants may work with non-authorizers that have influence over, and 
play a role in, improving authorizer quality.
    Discussion: Applicants may propose dissemination activities 
described in paragraphs (3) and (4) of Priority 2 that include 
organizations other than authorized public chartering agencies, such as 
SEAs or charter support organizations, so long as authorized public 
chartering agencies are the primary focus of those activities. While we 
understand the important role of non-authorizers in authorizer 
accountability, the intent of this priority is to build authorizer 
capacity.
    Changes: None.
    Comment: One commenter suggested that the phrase ``within a variety 
of communities'' in Priority 2--Improving Accountability be clarified 
or removed, as it is unclear to the commenter whether ``communities'' 
means geographic communities or another type of community.
    Discussion: In this context, we intend ``within a variety of 
communities'' to mean a variety of geographic communities, specifically 
communities at the regional level (as defined in this notice), or at 
the national level (as defined in this notice). Notably, we added 
definitions of ``national level'' and ``regional level,'' and these 
definitions include the ``variety of communities'' phrasing that the 
commenter referenced. Therefore, we deleted the phrase from the 
language of Priority 2 to avoid duplicative phrasing.
    Changes: We changed the text of Priority 2, paragraph (1) to ``How 
the proposed project will improve, at the regional level (as defined in 
this notice) or the national level (as defined in this notice), 
authorized public chartering agencies' capacity to . . . '' We also 
changed the text of Priority 2, paragraph (2) to ``The applicant's 
prior success in improving, at the regional level (as defined in this 
notice) or the national level (as defined in this notice), authorized 
public chartering agencies' capacity to . . .''
    Comment: One commenter suggested that Priority 2--Improving 
Accountability should clarify the goal of improving authorizer capacity 
in paragraphs (1)(i) and (2)(i) by focusing on improving standards of 
approval, not the capacity to approve charter schools.
    Discussion: To clarify, the intent of paragraphs (1)(i) and (2)(i) 
is improving standards of approval by authorized public chartering 
agencies. We think that ambitious standards for approving charter 
school applications and rigorous application review processes will 
ensure that authorizers approve only charter school applications that 
demonstrate the capacity to create and sustain high-quality charter 
schools (as defined in this notice). Furthermore, it

[[Page 40653]]

is not feasible to expect authorizers to approve only high-quality 
charter schools, as the definition includes a requirement that the 
school show evidence of strong academic results for the past three 
years (or over the life of the school, if the school has been open for 
fewer than three years). We recognize that new charter schools would 
not be able to meet this requirement as they would not yet have 
evidence of strong academic results.
    Changes: We replaced ``Approve only high-quality charter schools 
that meet the standards of a rigorous application process and review'' 
in paragraphs (1)(i) and (2)(i) of Priority 2--Improving Accountability 
with ``Approve only applications that demonstrate capacity to create 
and sustain high-quality charter schools (as defined in this notice) 
and meet the standards of a rigorous application process and review.''
    Comment: One commenter stated that the language ''maintain 
portfolios of high-quality charter schools by evaluating authorizer and 
portfolio performance and disseminating information on the performance 
of those portfolios'' in proposed Priority 2--Improving Accountability 
was unclear and recommended it be removed.
    Discussion: Evaluating authorizer and portfolio performance will 
result in more high-quality charter schools being approved; however, 
for the reasons discussed elsewhere in this notice, we understand that 
it is practically infeasible to use the ``high-quality charter school'' 
definition proposed in the NPP for charter school applicants that have 
not yet begun educating students. As such, we agree with the commenter 
that clarification is needed and have edited the language of Priority 
2--Improving Accountability to provide that clarification.
    In addition, while not in response to public comment, upon further 
review of Priority 2--Improving Authorizer Accountability, we removed 
``and help improve the ability of other authorized public chartering 
agencies to produce similar results'' from paragraph (2)(iv). Our 
intent in this section is for applicants to include information about 
their prior successes in evaluating authorizer and portfolio 
performance and disseminating information on that performance. We did 
not intend for applicants that are authorized public chartering 
agencies to be required to show how they have helped other authorized 
public chartering agencies to produce similar results, as the proposed 
language implied.
    Changes: We replaced ``Maintain portfolios of high-quality charter 
schools by evaluating authorizer and portfolio performance and 
disseminating information on the performance of those portfolios'' in 
Priority 2--Improving Accountability, paragraphs (1)(iv) and (2)(iv) 
with ``Evaluate authorizer and portfolio performance and disseminate 
information on that performance.'' We also removed ``and help improve 
the ability of other authorized public chartering agencies to produce 
similar results'' from paragraph (2)(iv).
    Comment: One commenter suggested the Department encourage 
authorizers to employ data effectively by ensuring the data are 
available to and usable to relevant stakeholders, including parents and 
community members. The commenter also suggested that Priority 2--
Improving Accountability support charter school authorizers that 
include disaggregated student data and data on student growth in their 
performance management systems.
    Discussion: We appreciate the comments about the effective use of 
data, including the use of disaggregated student data to promote 
authorizer accountability. We believe applicants could use the 
dissemination activities described in Priority 2--Improving 
Accountability paragraphs (3) and (4) to ensure that data are made 
available to multiple stakeholders, including parents and community 
members. As such, we decline to edit that portion of the priority 
language. However, we agree that disaggregated data are important, 
particularly in identifying achievement gaps and discipline 
disparities, and including student growth data in performance 
management systems will improve the ability of authorizers to monitor 
and oversee charter schools as well as to measure performance. As such, 
we revised the priority language to emphasize the use of performance 
data.
    Changes: In the introductory paragraph of Priority 2--Improving 
Accountability, we revised ``monitor and oversee charter schools using 
data and measurable performance goals'' to ``monitor and oversee 
charter schools using multiple sources of data, including disaggregated 
student data, and measurable performance goals.'' In addition, in 
paragraphs (1)(ii) and (2)(ii), we revised the language ``Monitor and 
oversee charter schools through the regular collection of data, 
including student performance and financial data, and measurable 
performance goals'' to ``Monitor and oversee charter schools through 
measurable performance goals and multiple sources of regularly 
collected academic and operational performance data (using financial 
data, disaggregated student discipline data, and disaggregated student 
performance data, including metrics to assess educational equity for 
students with disabilities, English learners, and other students in 
need of specialized services).'' In addition, upon further review, we 
revised the introductory paragraph of Priority 2--Improving 
Accountability by replacing ``communicate the performance of that 
portfolio'' with ``disseminate information on the performance of 
charter schools,'' as we think this language more closely corresponds 
to paragraph (3) of Priority 2.
    Comment: One commenter suggested that Priority 2--Improving 
Accountability could improve accountability and authorizer practices 
through: Collective voluntary accountability, where a self-monitoring 
network could exist within the public charter school community; 
experimentation with new approaches such as parental influence on 
school accountability; and building knowledge bases, where authorized 
public chartering agencies could provide assistance to other 
authorizers in implementing successful practices that improve the 
quality of schools they authorize.
    Discussion: The intended focus of Priority 2--Improving 
Accountability is on improving authorizer capacity, as we think 
effective authorizing and oversight influence charter school quality. 
While voluntary accountability, parental influence on accountability, 
and knowledge building and sharing could be components of improving 
accountability and authorizer practices, we think improving authorizer 
capacity, as described in Priority 2--Improving Accountability, would 
have the largest impact on improving accountability, and would, in 
turn, increase quality in the charter school sector.
    Changes: None.
    Comment: One commenter suggested that a research and evaluation 
component be added to Priority 2--Improving Accountability to enhance 
national understanding of high-quality authorizing and how policy can 
best support it. The commenter noted that the proposed priority should 
also consider how local districts and authorizers managing a diverse 
portfolio of schools can improve their accountability frameworks for 
both the public charter and non-chartered public sectors.
    Discussion: In addition to meeting other requirements, successful 
applicants under this priority must improve authorizer capacity to 
evaluate authorizer and portfolio performance and disseminate that 
information to

[[Page 40654]]

help improve the ability of other authorized public chartering agencies 
to produce similar results. While we think research and evaluation 
could greatly benefit authorizers, we decline to make a change. 
Provided that they meet all requirements under this priority, 
applicants' research and evaluation activities would be allowable under 
this program. In addition, the selection criterion 34 CFR 75.210(h), 
Quality of the Project Evaluation, provides selection factors that 
encourage applicants to conduct rigorous evaluations of their projects, 
which could be incorporated in the selection criteria for a future 
competition under this program.
    Changes: None.
    Comment: One commenter suggested that the activities under Priority 
3--Students with Disabilities do not address the need of public charter 
schools to provide instruction for students with disabilities in the 
least restrictive environment (LRE), which is a major component of the 
IDEA.
    Discussion: We agree with the commenter that LRE is critical to the 
education of all children with disabilities in charter schools. Because 
under the IDEA, students with disabilities and their parents retain all 
rights under the IDEA, including the right to be educated in the LRE, 
we do not believe it is necessary for this priority to focus on the 
IDEA's LRE requirements.
    Changes: None.
    Comment: One commenter stated that studies have shown that the lack 
of enrollment of students with disabilities in public charter schools 
is the result of policies and practices designed to minimize the 
enrollment of these students and not a capacity issue. The commenter 
further stated that ``strategies and tools'' referenced in Priority 3--
Students with Disabilities are not the same as the ``practices'' 
referred to in the recommendations from a recent report by the U.S. 
Government Accountability Office (GAO).\1\
---------------------------------------------------------------------------

    \1\ U.S. Government Accountability Office. ``Charter Schools: 
Additional Federal Attention Needed to Help Protect Access for 
Students with Disabilities.'' GAO-12-543: Published Jun 7, 2012. 
Available at: www.gao.gov/assets/600/591435.pdf.
---------------------------------------------------------------------------

    Discussion: While we agree with the commenter that the enrollment 
of students with disabilities in public charter schools is an important 
issue, we find that studies on this topic have not identified a single 
reason for any disparity in enrollment that may occur in some schools 
and districts. The GAO report recommended that ``the Secretary of 
Education take measures to help charter schools recognize practices 
that may affect enrollment of students with disabilities . . . '' We 
think that the ``strategies and tools'' that applicants develop in 
response to this priority will help them identify and improve practices 
that may affect enrollment of students with disabilities and increase 
equitable access to students with disabilities in public charter 
schools.
    Changes: None.
    Comment: One commenter stated that ``promising practices,'' as used 
in Priority 3--Students with Disabilities, are instructional approaches 
that improve student achievement, not approaches that only increase 
students with disabilities' access to schools to which they already 
have a legal right to attend. Furthermore, the commenter stated that an 
abundance of knowledge already exists on how to improve student 
achievement, and improving the achievement of students with 
disabilities in public charter schools does not differ significantly 
from improving their achievement in non-chartered public schools.
    Discussion: We disagree that ``promising practices'' only refers to 
instructional approaches, and we consider practices that increase 
equitable access to public charter schools for students with 
disabilities and the schools' capacity to enroll students with 
disabilities, as well as approaches that improve student achievement, 
student growth, high school graduation rates, and college enrollment 
rates for students with disabilities to be promising practices.
    While existing resources for improving the achievement of students 
with disabilities can benefit public charter schools and non-chartered 
public schools, charter schools need to be aware of, and have access 
to, such resources.
    Changes: None.
    Comment: One commenter suggested that to better address any issues 
that may exist around the enrollment of students with disabilities in 
public charter schools, the activities should be more closely aligned 
with recommendations made in the GAO report on the enrollment of 
students with disabilities in charter schools.\2\
---------------------------------------------------------------------------

    \2\ Id.
---------------------------------------------------------------------------

    Discussion: The GAO report referenced above made the following 
recommendations:
    1. Update existing guidance to ensure that public charter schools 
have better information about their obligations related to the 
enrollment of students with disabilities; and
    2. Conduct additional fact finding and research to understand the 
factors affecting enrollment of students with disabilities in public 
charter schools and act upon that information, as appropriate.
    We are in the process of updating existing guidance on the rights 
of students with disabilities in charter schools and are conducting 
additional fact finding and research to understand the factors 
affecting enrollment of students with disabilities in public charter 
schools. Our response to the GAO report cited above includes reviewing 
and documenting State policies, guidance, and reports regarding 
enrollment of, and services to, students with disabilities in charter 
schools and includes compiling a set of case studies of charter schools 
with both high and low enrollment of students with disabilities; these 
activities are continuing. In the meantime, the CSP Grants for National 
Leadership Activities competition includes Priority 3--Students with 
Disabilities to help address enrollment, access, and achievement of 
students with disabilities in charter schools.
    In addition, the Department's response to the second recommendation 
in the GAO report stated that the CSP's grant competitions ``are likely 
to continue to include competitive and invitational priorities for 
applications that propose to improve achievement for students with 
disabilities.'' The inclusion of Priority 3--Students with Disabilities 
in this notice of final priorities addresses that recommendation.
    Changes: None.
    Comment: One commenter suggested that Priority 3--Students with 
Disabilities include a research component that would provide national 
leadership in discovering the nature of, and systematically identifying 
the solution to, the underrepresentation of students with disabilities 
in certain locations, as identified in the GAO report on the enrollment 
of students with disabilities in charter schools.\3\ The commenter also 
suggested the Department prioritize research on the outcomes of 
students with disabilities who attend charter schools.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    Discussion: The Department understands the importance of research 
and evaluation of issues around the enrollment of students with 
disabilities in charter schools, which may advance policies that 
support equitable access to charter schools for students with 
disabilities. While this priority does not specifically mention 
research components, applicants may propose activities focused on 
research and

[[Page 40655]]

evaluation. While not the primary intent of this program, those 
activities would be permitted, so long as the applicant meets all other 
requirements and submits an application that meets all parts of the 
priority.
    Changes: None.
    Comment: One commenter suggested that Priority 3--Students with 
Disabilities mention stand-alone strict discipline academies. 
Specifically, the commenter mentions that these academies do not meet 
the open enrollment requirement.
    Discussion: To receive funding through the CSP, a charter school 
must meet all requirements outlined in the definition of a charter 
school in section 5210 of the Elementary and Secondary Education Act of 
1965, as amended (ESEA).
    Therefore, to qualify as an eligible applicant under the CSP Grants 
for National Leadership Activities competition, a charter school must 
meet all parts of the definition of a charter school in section 5210 of 
the ESEA. This includes section 5210(1)(G), which requires that a 
charter school comply with certain Federal civil rights laws, including 
section 504 of the Rehabilitation Act of 1973, and Part B of the IDEA, 
and section 5210(1)(H), which requires that it is a school to which 
parents choose to send their children, and that admits students on the 
basis of a lottery, if more students apply for admission than can be 
accommodated. Further, although we are not familiar with the 
requirements for ``strict discipline academies,'' charter school 
discipline policies and procedures must comply with the requirements of 
section 504 and section 615(k) of the IDEA and their implementing 
regulations.
    Changes: None.
    Comment: Several commenters suggested a third activity for Priority 
3--Students with Disabilities and Priority 4--English Learners. 
Specifically, the commenters recommended developing cooperation and 
collaboration between a public charter school, a non-chartered public 
school, special education communities, and English learner advocacy 
communities be added to the priorities, as each sector would provide 
insightful development and promote dissemination of effective 
approaches to serving these students.
    Discussion: We appreciate the commenters' support for Priority 3--
Students with Disabilities and Priority 4--English Learners. We agree 
with the commenters that promoting collaborative activities between a 
charter school, a non-chartered public school, key special education 
stakeholders, and key English learner stakeholders is important. After 
reviewing the comments, we also consider the suggested additions to be 
beneficial to both Priority 3--Students with Disabilities and Priority 
4--English Learners.
    Changes: We added the following activity as paragraph (3) of 
Priority 3--Students with Disabilities: ``Promoting collaborative 
activities between charter schools, non-chartered public schools, and 
key special education stakeholders designed to improve student 
achievement, including student growth, and attainment (e.g., high 
school graduation rates, college enrollment rates) for students with 
disabilities.'' We also added the following corresponding activity as 
paragraph (3) of Priority 4--English Learners: ``Promoting 
collaborative activities between charter schools, non-chartered public 
schools, and key English learner stakeholders designed to improve 
student achievement, including student growth, and attainment (e.g., 
high school graduation rates, college enrollment rates) for English 
learners.''
    Comment: One commenter suggested changing the wording of the 
``activities'' section of Priority 3--Students with Disabilities to 
more appropriately reflect the legal obligations of public charter 
schools. The commenter suggested that projects designed to ensure 
equitable enrollment, recruitment, and opportunities in charter schools 
for students with disabilities would more accurately reflect the 
responsibility incumbent on public charter schools. Another commenter 
suggested that charter schools must be held accountable for ensuring 
access to all students and for providing meaningful teaching and 
instruction designed to improve educational outcomes for those 
students. The commenter felt that the language in the NPP did not 
include a focus on recruitment and serving students with disabilities.
    Discussion: We agree that public charter schools must provide 
equitable access to students with disabilities. In this context, we 
think equitable access includes equitable enrollment opportunities as 
well as capabilities of public charter schools to meet the needs of 
students with disabilities during recruitment and once enrolled. In 
addition, we place a similar emphasis in Priority 4--English Learners.
    Changes: We changed the language of Priority 3--Students with 
Disabilities and Priority 4--English Learners by replacing ``to 
increase access'' throughout with ``to increase equitable access.'' In 
Priority 3, we also changed ``increase charter schools' capacity to 
enroll students with disabilities'' in paragraphs (1) and (2) to 
``increase charter schools' capacity to recruit, enroll, and serve 
students with disabilities.'' Throughout Priority 4, we made 
corresponding edits to maintain consistency with Priority 3. 
Specifically, we replaced ``increase charter schools' capacity to 
enroll English learners'' with ``increase charter schools' capacity to 
recruit, enroll, and serve English learners . . .''
    Comment: None.
    Discussion: After additional review, we determined that Priority 
3--Students with Disabilities and Priority 4--English Learners could be 
clarified by consistently referring to schools as ``charter schools,'' 
where appropriate. In addition, we determined that, depending on the 
nature of the project, it may not always be appropriate for each 
project under Priority 3 to ``improve student achievement, student 
growth, high school graduation rates, and college enrollment rates for 
students with disabilities.'' We edited paragraph (1) of Priority 3 to 
``improve student achievement, including student growth, and attainment 
(e.g., high school graduation rates, college enrollment rates) for 
students with disabilities'' to allow more flexibility. Similarly, for 
Priority 4, we edited paragraph (1) to ``improve student achievement, 
including student growth and English proficiency, and attainment (e.g., 
high school graduation rates, college enrollment rates) for English 
learners.'' We made corresponding changes to paragraph (2) of both 
priorities for the same reason. Finally, we added ``. . . of students 
with disabilities'' in the introductory paragraph of Priority 3, to 
maintain a consistent structure with Priority 4.
    Changes: For both Priority 3--Students with Disabilities and 
Priority 4--English Learners, we inserted the word ``charter'' before 
schools in three places. These changes do not alter the intended 
meaning; rather, we are adding the word ``charter'' to ensure clarity. 
In addition, in paragraph (1) of both priorities, we added the phrase 
``to recruit, enroll, and serve.'' We also replaced ``increase charter 
schools' enrollment, as well as improve achievement . . .'' with 
``increase charter schools' enrollment of students with disabilities, 
as well as improve achievement . . .''
    Comment: One commenter suggested that the Department follow the 
recommendations in the GAO report on

[[Page 40656]]

English learners in charter schools \4\ to examine why charter schools 
are unable to provide accurate enrollment numbers of specific student 
populations, especially English learner populations. The commenter 
noted the importance of educators gaining a better understanding of the 
nature of the problem at a national level, which will better position 
researchers and practitioners to address concerns of limited access to 
charter schools for English learners.
---------------------------------------------------------------------------

    \4\ U.S. Government Accountability Office. ''Education: 
Education Needs to Further Examine Data Collection on English 
Language Learners in Charter Schools.'' GAO-13-655R: Published Jul 
17, 2013. Available at: www.gao.gov/assets/660/655930.pdf.
---------------------------------------------------------------------------

    Discussion: The Department agrees that a better understanding of 
charter school non-reporting or under-enrollment of English learners 
should be addressed. In response to the GAO report's finding that they 
were unable to compare English learners' enrollment in charter schools 
to English learners enrollment in non-chartered public schools due to 
incomplete data, the Department continues to improve its data 
collection and has been conducting a systematic review and 
reconciliation of directory data across data sources. In addition, the 
CSP Grants for National Leadership Activities competition includes 
Priority 3--Students with Disabilities and Priority 4--English Learners 
to help address the issues of enrollment, access, and achievement of 
students with disabilities and English learners in charter schools. We 
do not explicitly include data collection in either priority because 
data collection activities may be eligible project activities under 
Priority 3 or Priority 4.
    Changes: None.
    Comment: One commenter suggested that Priority 5--Personalized, 
Technology-Enabled Learning should specifically exclude virtual schools 
from eligibility.
    Discussion: Virtual schools, provided they meet the eligibility 
requirements described in the Eligibility section, will not 
automatically be deemed ineligible. However, the intent of this 
priority is to support projects that incorporate learning models that 
blend traditional, classroom-based teaching and learning with virtual, 
online, or digital delivery of personalized instructional content, and 
which are national in scope.
    Changes: None.
    Comment: One commenter suggested that the Department expand each 
priority to ensure that students with disabilities are specifically 
mentioned as examples of the students who may require personalized and 
technology-based supports and services. The commenter noted that, in 
particular, Priority 5--Personalized Technology-Enabled Learning will 
be most effective if it builds on previous work funded by the 
Department that provided training to charter school authorizers and 
operators focused on serving students with disabilities.
    Discussion: Activities that focus on students with disabilities may 
be included under any priority, and activities that include 
personalized and technology-based services would be eligible under 
Priority 5--Personalized Technology-Enabled Learning. We agree that 
students with disabilities can benefit from personalized learning, and 
Priority 5--Personalized Technology-Enabled Learning provides that such 
projects should be designed to support high-need students (as defined 
in this notice), which includes students with disabilities.
    Changes: None.
    Comment: One commenter suggested the Department clarify the types 
of activities that it considers essential and that would be supported 
under Priority 5--Personalized Technology-Enabled Learning; 
specifically, the commenter suggested highlighting blended learning as 
a model supported under this priority. Similarly, another commenter 
provided specific examples of the types of activities that should be 
supported under this priority. A third commenter suggested that the 
Department ensure Priority 5--Personalized Technology-Enabled Learning 
focus on the development of education technology and online platforms, 
collaborative practices, and instructional models for dissemination, in 
addition to research into blended learning implementation.
    Discussion: The CSP Grants for National Leadership Activities 
competition is designed to encourage innovative solutions to address a 
number of public educational needs across the Nation. In order to 
support innovation in technology-enabled instructional models, tools, 
and supports, we do not want to restrict applicants to specific types 
of activities and have written this priority to allow applicants 
flexibility in the projects they propose. In addition, we note that 
applicants proposing projects with a focus on education technology and 
online platforms, collaborative practices, and instructional models for 
dissemination may be eligible under Priority 1--Increasing Efficiency 
through Economies of Scale, in addition to Priority 5.
    Changes: None.
    Comment: None.
    Discussion: After additional review, we determined that the 
language of Priority 5--Personalized Technology-Enabled Learning should 
remain consistent with an ultimate goal of increasing overall student 
learning, rather than simply providing instruction. The technology-
enabled instructional models, tools, and supports referenced in this 
priority are intended to personalize students' learning. The phrase 
``personalize instruction'' that was included in the proposed priority 
implies an emphasis on the process, (i.e., instruction), rather than on 
the outcome (i.e., learning).
    Changes: We removed the phrase ``personalize instruction'' from 
Priority 5--Personalized Technology-Enabled Learning and revised the 
priority language to say ``supports that personalize learning.''

Definitions

    Comment: None.
    Discussion: We added the definitions for ``national level'' and 
``regional level,'' as these terms are now referenced within other 
parts of this notice. These definitions are used in other Department 
grant competitions and the definitions come from 34 CFR 77.1.
    Changes: The definitions for ``national level'' and ``regional 
level'' have been added.
    Comment: One commenter suggested the Department revise the 
definition of ``significant compliance issues'' to accommodate current 
practice by rigorous authorizers that are unlikely to revoke a charter 
for a single or limited event. The commenter further explained that the 
proposed definition reflected a zero-tolerance approach that is 
inappropriate, as it takes a pattern of misbehavior, or individual 
failures that are more egregious, to lead an authorized public 
chartering agency to revoke a school's charter.
    Discussion: The Department agrees with the need for further 
clarification on the issue of compliance with Federal and State law, 
and authorizer policy.
    Changes: We revised the definition of ``significant compliance 
issue'' to clarify that these are issues that, if not addressed or are 
representative of a pattern of misconduct or non-compliance, could lead 
to the revocation of a school's charter.
    Comment: Two commenters suggested altering the definition of 
``charter school national level.'' One commenter suggested changing the 
proposed definition to clarify that any public or private nonprofit 
organization with a mission that explicitly includes supporting charter 
schools is eligible for

[[Page 40657]]

this competition, including those that are able to support a wide 
variety of charter schools from both urban and rural areas. Another 
commenter noted that the definition places an undue burden on an 
applicant to disseminate urban-focused best practices to agencies, 
organizations, or groups that must serve rural agencies.
    Discussion: The definition of ``charter school national level'' is 
not designed to limit eligible organizations, but rather to define a 
level at which activities take place. The Department believes that a 
broad, national scope for project activities and for dissemination is 
necessary to meet the goals of the program.
    Changes: None.
    Comment: Multiple commenters requested that the definition of 
``high-quality charter school'' be revised. One commenter suggested the 
Department make the definition consistent with the definition of 
``highly mobile students,'' with particular attention given to how 
highly mobile students and related data will be counted in 
accountability assessments across State lines. Two other commenters 
noted that the proposed definition for high-quality charter school did 
not take into account new schools with no achievement data and would be 
applied comprehensively, instead of considering additional factors that 
make up high-quality schools. In addition, one of those commenters 
stated that the proposed definition did not take into account the role 
of authorizers and accountability systems within applicable States.
    Discussion: The definition of ``high-quality charter school'' is 
designed to emphasize the importance of a school's evidence of strong 
academic performance for the past three years, or over the life of the 
school, if the school has been open for fewer than three years, and we 
decline to make the definition consistent with that of highly mobile 
students, which is not used in this notice. We agree that the proposed 
definition of ``high-quality charter school'' should be strengthened to 
take into account the role of authorizers and accountability systems 
and have added paragraph (a)(4), which focuses on the results of a 
performance framework established by the State or authorized public 
chartering agency. In addition, we made a number of clarifying edits to 
paragraphs (a)(1) and (a)(3). These are not intended to change the 
meaning of the priority but only to clarify our intent. As described 
elsewhere in this document, we also edited parts of Priority 1--
Improving Efficiency through Economies of Scale and Priority 2--
Improving Accountability so authorizers are not held accountable for 
authorizing only high-quality charter schools or only having high-
quality charter schools in their portfolios of schools. In addition, 
the insertion of ``and equitable and nondiscriminatory treatment for 
students'' in paragraph (a)(5) of the high-quality charter school 
definition is meant to ensure that compliance extends to the civil 
rights of students. Upon further review, we edited paragraph (a)(1) of 
the same definition to include high school graduation rates and college 
and other postsecondary enrollment rates. Paragraph (a)(3) has been 
similarly edited in that the list of achieved results include student 
attendance, retention rates, and postsecondary attendance and 
persistence rates.
    Changes: We added the clarifying phrases ``(including, if 
applicable, high school graduation rates and college and other 
postsecondary enrollment rates)'' and ``served by the charter school'' 
in paragraph (a)(1). In paragraph (a)(3), we added ``student attendance 
and retention rates,'' ``postsecondary attendance and persistence 
rates,'' and ``if applicable and available'' in paragraph (a)(3). We 
also removed the word ``achieved'' before the word ``results'' in 
paragraph (a)(3), as it is redundant. We added paragraph (a)(4): 
``Positive results on a performance framework established by the State 
or authorized public chartering agency for purposes of evaluating 
charter school quality'' and renumbered proposed paragraph (a)(4) to be 
paragraph (a)(5). In the final paragraph (a)(5), we added ``and 
equitable and nondiscriminatory treatment for students'' at the end of 
the paragraph. We also added a new paragraph (b) to the definition to 
clarify that an applicant can use its State's definition of high-
quality charter school, provided that the State's definition is at 
least as rigorous as the definition included in this notice.
    Comment: None.
    Discussion: Upon further review of the definition of ``high-quality 
charter school,'' we determined that the third paragraph of this 
definition, which has been used in multiple Department competitions and 
shows how achieved results compare to results for similar lolstudents 
in the State, was missing. Therefore, we included language to ensure 
the element is discussed.
    Changes: In paragraph (a)(3) of the definition for ``high-quality 
charter school,'' we inserted ``that are above the average academic 
achievement results for such students in the State.''
    Comment: One commenter suggested that the definition of ``student 
achievement'' include other universally available measures of student 
learning that are tied to teacher evaluations, which currently are not 
addressed in the definition.
    Discussion: The definition for ``student achievement'' requires 
that any measures used be comparable across schools, which we think is 
a key component of this definition. As noted elsewhere in this notice, 
it is important that the CSP Grants for National Leadership Activities 
competition use definitions consistent with other Department programs. 
Because of the variation in measures that tie student learning to 
teacher evaluations, and because proposed projects will be national in 
scope, we do not think that applicants would be able to compare 
increases in student achievement across districts and States if teacher 
evaluation measures were to be incorporated into this definition.
    Changes: None.
    Comment: Two commenters suggested that the proposed definition of 
``high-need students'' should be reviewed for further clarification. 
One commenter suggested adding ``first generation college-bound 
students'' to the list of high-need student indicators. Another 
commenter noted that this definition should be reviewed to ensure the 
focus is on charter schools and not higher education.
    Discussion: We agree with the commenters that it is important to 
ensure that each definition used in the CSP Grants for National 
Leadership Activities competition is appropriate to the CSP's mission. 
The definition for high-need students does not specifically mention 
charter schools or non-chartered public schools; however, any student 
at risk of educational failure would be included under the definition, 
regardless of the school that student attends.
    Changes: None.
    Comment: One commenter suggested that the Department develop 
definitions for ``rural public charter schools'' and ``Rural State.''
    Discussion: Rural public charter schools and rural State are not 
terms that are used in these priorities, so it is unclear how those 
definitions would be used. Because the commenter did not provide 
context for this suggestion, we are unable to provide additional 
clarification. Applicants that want to demonstrate their commitment to 
serving rural areas may use elements of the definition of ``rural local 
educational agency,'' which is defined by other programs at the 
Department as an LEA that is eligible under the Small Rural School 
Achievement program or the Rural and Low-Income School program

[[Page 40658]]

authorized under Title VI, Part B of the ESEA. See www2.ed.gov/nclb/freedom/local/reap.html. The elements of the definition can be used by 
applicants to demonstrate their commitment to serving rural areas.
    Changes: None.
    Comment: One commenter suggested modifying the definition of 
``community of practice'' to include public and private nonprofit 
organizations with a mission that explicitly includes supporting 
charter schools to better promote a community of practice within and 
across State lines.
    Discussion: We currently include the term ``stakeholders'' in the 
definition, which provides a wider range of options than the suggested 
change. Because we do not want to unnecessarily limit participation in 
the community of practice (as defined in this notice), we decline to 
revise the term used in the definition in a manner that would limit the 
types of stakeholders included in the communities of practice.
    Changes: None.
    Comment: One commenter noted that the definition for ``logic 
model'' was different than the definition currently used in 34 CFR 
77.1.
    Discussion: As noted elsewhere in this notice, we agree that it is 
important the CSP Grants for National Leadership Activities competition 
use definitions consistent with other Department programs. As such, we 
will use the same definition for logic model as included in 34 CFR 
77.1.
    Changes: We replaced the term ``charter school logic model'' with 
``logic model'' from 34 CFR 77.1.

Eligibility

    Comment: One commenter suggested the language in the Eligibility 
section be reviewed. Specifically, the commenter felt that there is no 
explicit language permitting an applicant to apply as an individual 
nonprofit organization, although that may be implied. The commenter 
suggested we change ``Eligible applicants may apply as a group or 
consortium'' to ``Eligible applicants may apply as an individual 
organization as defined above or as a partnership or consortium.'' A 
second commenter asked whether an individual charter school operator 
could be an eligible applicant.
    Discussion: Eligible applicants include public and private 
nonprofit organizations with a mission that explicitly supports 
operating, supporting, or managing charter schools, which makes 
individual organizations eligible. The intent of this grant competition 
is to support projects of national significance and scope; however, we 
agree that clarification is needed on whether individual charter 
schools are eligible. An individual charter school that meets all 
eligibility requirements could apply under this competition. We also 
want to clarify that eligible applicants may be organizations whose 
missions involve operating, supporting, and managing charter schools--
not just supporting charter schools. Upon further review of the 
Eligibility section, we determined that additional clarity was needed 
to reflect that CMOs are eligible entities. In addition, upon further 
review, we added a requirement that, to the extent that eligible 
applicants that are partnerships or consortia include charter schools, 
the lead applicant, each charter school operated or managed by the lead 
applicant and all partnership or consortium members, including, in the 
case of a CMO applicant, all charter schools managed by the CMO, must 
meet the definition of high-quality charter school (as defined in this 
notice). We made this change to clarify that CMO applicants are 
eligible and that all charter schools in a partnership or consortium 
must meet the definition of high-quality charter school. We also added 
a requirement that eligible applicants that are charter schools may not 
have any significant compliance issues (as defined in this notice) to 
ensure that these applicants do not have any violations that did, will, 
or could lead to the revocation of the school's charter.
    Changes: We edited the Eligibility section to include ``public and 
private nonprofit entities with a mission that explicitly includes 
operating, supporting, or managing charter schools.'' In addition, we 
added the following language to the Eligibility section: ``Eligible 
applicants that are charter schools may not have any significant 
compliance issues (as defined in this notice), including in the areas 
of student safety, financial management, civil rights, and statutory or 
regulatory compliance. In addition, to the extent that eligible 
applicants that are partnerships or consortia include charter schools, 
the lead applicant, each charter school operated or managed by the lead 
applicant, and all partnership or consortium members, including, in the 
case of a CMO applicant, all charter schools managed by the CMO, must 
meet the definition of high-quality charter school (as defined in this 
notice).''
    Comment: One commenter suggested changing the regulations that 
require eligible public and private nonprofit organizations to have a 
mission that explicitly includes supporting charter schools so that all 
organizations and communities affected by such policies may apply 
whether or not their missions provide explicit references to supporting 
charter schools. The commenter recommended that community-based 
organizations and national intermediaries that represent the 
communities served by charter schools be considered as eligible 
entities.
    Discussion: The Eligibility section does not preclude community-
based organizations and national intermediaries from applying, provided 
they meet all eligibility requirements, including that their 
organizational missions explicitly include supporting charter schools. 
Because funds for the CSP Grants for National Leadership Activities 
competition are appropriated for charter schools, we seek to ensure 
that organizations supported by these funds are focused on supporting 
charter schools.
    Changes: None.

Final Priorities

    The Assistant Deputy Secretary for Innovation and Improvement 
establishes the following five priorities for the CSP Grants for 
National Leadership Activities competition. We may apply one or more of 
these priorities in any year in which this program is in effect.

Priority 1--Improving Efficiency through Economies of Scale

    This priority is for projects of national significance and scope 
that promote shared systems for acquiring goods or services to achieve 
efficiencies in the use of time, staff, money, services for special 
populations, or other resources for the purpose of creating, 
supporting, and sustaining high-quality charter schools (as defined in 
this notice).
    An applicant addressing this priority must apply as part of an 
existing or proposed partnership or consortium that includes two or 
more high-quality charter schools, as defined in this notice, and must 
include detailed descriptions (including supporting documentation) of 
the following:
    (1) The proposed project activities of the partnership or 
consortium and how and to what extent the activities will achieve 
efficiencies in the use of time, staff, money, services for special 
populations, or other resources related to operating charter schools;
    (2) The members or proposed members of the partnership or 
consortium, how the composition of this partnership or consortium 
contributes to achieving efficiencies, and the specific activities each 
member or proposed

[[Page 40659]]

member will implement. Applicants must demonstrate that members of the 
existing or proposed partnership or consortium are not affiliated 
exclusively with a common network (e.g., a charter management 
organization);
    (3) How the proposed project activities will help create charter 
schools that demonstrate the capacity to become high-quality charter 
schools, support new charter schools to become high-quality charter 
schools, and sustain charter schools that are high-quality;
    (4) How information about the proposed project activities will be 
disseminated primarily to charter schools as the chief stakeholder 
group, and secondarily to other stakeholders, such as charter school 
support organizations, LEAs, and authorized public chartering agencies, 
as appropriate, at the charter school national level (as defined in 
this notice);
    (5) How the dissemination strategy will include assembling a 
community of practice (as defined in this notice) for the stakeholder 
group(s) served; and
    (6) The national significance of the proposed project.

Priority 2--Improving Accountability

    This priority is for projects of national significance and scope 
that are designed to improve authorized public chartering agencies' 
capacity to conduct rigorous application reviews; monitor and oversee 
charter schools using multiple sources of data, including disaggregated 
student data, and measurable performance goals; close underperforming 
schools; replicate and expand high-performing schools; maintain a 
portfolio of high-quality charter schools; and evaluate and disseminate 
information on the performance of charter schools.
    Applicants addressing this priority must provide detailed 
descriptions (including supporting documentation) of the following:
    (1) How the proposed project will improve, at the regional level 
(as defined in this notice) or the national level (as defined in this 
notice), authorized public chartering agencies' capacity to:
    i. Approve only applications that demonstrate capacity to create 
and sustain high-quality charter schools (as defined in this notice) 
and meet the standards of a rigorous application process and review;
    ii. Monitor and oversee charter schools through measurable 
performance goals and multiple sources of regularly collected academic 
and operational performance data (using financial data, disaggregated 
student discipline data, and disaggregated student performance data, 
including metrics to assess educational equity for students with 
disabilities, English learners, and other students in need of 
specialized services);
    iii. Identify schools eligible for renewal and those that should be 
closed, through clear renewal and revocation criteria; and
    iv. Evaluate authorizer and portfolio performance and disseminate 
information on that performance;
    (2) The applicant's prior success in improving, at the regional 
level (as defined in this notice) or the national level (as defined in 
this notice), authorized public chartering agencies' capacity to:
    i. Approve only applications that demonstrate the capacity to 
create and sustain high-quality charter schools (as defined in this 
notice) and meet the standards of a rigorous application process and 
review;
    ii. Monitor and oversee charter schools through measurable 
performance goals and multiple sources of regularly collected academic 
and operational performance data (using financial data, disaggregated 
student discipline data, and disaggregated student performance data, 
including metrics to assess educational equity for students with 
disabilities, English learners, and other students in need of 
specialized services);
    iii. Identify schools eligible for renewal and those that should be 
closed, through clear renewal and revocation criteria; and
    iv. Evaluate authorizer and portfolio performance and disseminate 
information on that performance;
    (3) How dissemination activities focus on authorized public 
chartering agencies as the primary stakeholder group, and secondarily 
on other stakeholders, such as charter school support organizations or 
charter schools, as appropriate, at the charter school national level 
(as defined in this notice);
    (4) How the dissemination strategy will include assembling a 
community of practice (as defined in this notice) for the stakeholder 
group(s) served; and
    (5) The national significance of the proposed project.

Priority 3--Students With Disabilities

    This priority is for projects of national significance and scope 
that are designed to increase equitable access to charter schools for 
students with disabilities and increase charter schools' enrollment of 
students with disabilities, as well as improve achievement (including 
student achievement and student growth) and attainment (including high 
school graduation rates and college enrollment rates) for students with 
disabilities in charter schools, through one or more of the following 
activities:
    (1) Developing strategies and tools to increase equitable access to 
charter schools for students with disabilities and increase charter 
schools' capacity to recruit, enroll, and serve students with 
disabilities, and improve student achievement, including student 
growth, and attainment (e.g., high school graduation rates, college 
enrollment rates) for students with disabilities.
    (2) Disseminating promising practices for increasing equitable 
access to charter schools for students with disabilities; increasing 
charter schools' capacity to recruit, enroll, and serve students with 
disabilities; and improving student achievement, including student 
growth, and attainment (e.g., high school graduation rates, college 
enrollment rates) for students with disabilities.
    (3) Promoting collaborative activities between charter schools, 
non-chartered public schools, and key special education stakeholders 
designed to improve student achievement, including student growth, and 
attainment (e.g., high school graduation rates, college enrollment 
rates) for students with disabilities.

Priority 4--English Learners

    This priority is for projects of national significance and scope 
that are designed to increase equitable access to charter schools for 
English learners and increase charter schools' enrollment of English 
learners, as well as improve academic achievement (including student 
achievement and student growth) and attainment (including English 
proficiency, high school graduation rates, and college enrollment 
rates) for English learners, through one or more of the following 
activities:
    (1) Developing strategies and tools to increase equitable access to 
charter schools for English learners; increase charter schools' 
capacity to recruit, enroll, and serve English learners; and improve 
student achievement, including student growth and English proficiency, 
and attainment (e.g., high school graduation rates, college enrollment 
rates) for English learners.
    (2) Disseminating promising practices for increasing equitable 
access to charter schools for English learners; increasing charter 
schools' capacity to recruit, enroll, and serve English learners; and 
improving student achievement, including student growth and English 
proficiency, and attainment (e.g., high school graduation rates, 
college enrollment rates) for English learners.

[[Page 40660]]

    (3) Promoting collaborative activities between charter schools, 
non-chartered public schools, and key English learner stakeholders 
designed to improve student achievement, including student growth and 
English proficiency, and attainment (e.g., high school graduation 
rates, college enrollment rates) for English learners.

Priority 5--Personalized Technology-Enabled Learning

    This priority is for projects of national significance and scope 
that are designed to improve achievement and attainment outcomes for 
high-need students (as defined in this notice) through the development 
and implementation in charter schools of technology-enabled 
instructional models, tools, and supports that personalize learning.

Types of Priorities

    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Final Requirements

    The Assistant Deputy Secretary for Innovation and Improvement 
establishes the following program requirements for the CSP Grants for 
National Leadership Activities competitions. We may apply one or more 
of these requirements in any year in which this program is in effect. 
By requiring that applicants provide a logic model supporting their 
projects and restricting eligibility for grants to specific types of 
entities, the Department will ensure that grantees have the preparation 
and experience to be successful with a CSP Grants for National 
Leadership Activities grant.

Application Requirements

    (a) Logic Model: An applicant for a CSP Grants for National 
Leadership Activities grant must provide a logic model (as defined in 
this notice) supporting its project.
    (b) Eligibility: Eligible applicants include (1) State educational 
agencies (SEAs) in States with a State statute specifically authorizing 
the establishment of charter schools; (2) authorized public chartering 
agencies; (3) public and private nonprofit organizations with a mission 
that explicitly includes operating, supporting, or managing charter 
schools; and (4) public and private nonprofit organizations in 
partnership with an SEA, authorized public chartering agency, or a 
public or private nonprofit organization with a mission that explicitly 
includes supporting charter schools. Eligible applicants may apply as a 
partnership or consortium and, if so applying, must comply with the 
requirements for group applications set forth in 34 CFR 75.127-75.129.
    Eligible applicants that are charter schools may not have any 
significant compliance issues (as defined in this notice), including in 
the areas of student safety, financial management, civil rights, and 
statutory or regulatory compliance. In addition, to the extent that 
eligible applicants that are partnerships or consortia include charter 
schools, the lead applicant, each charter school operated or managed by 
the lead applicant, and all partnership or consortium members, 
including, in the case of a CMO applicant, all charter schools managed 
by the CMO, must meet the definition of high-quality charter school (as 
defined in this notice).

Final Definitions

    In addition to the definitions otherwise included in section 5210 
of the ESEA, which includes the definition of ``charter school,'' and 
34 CFR 77.1, we are establishing the following definitions for the CSP 
Grants for National Leadership Activities competition. We may apply one 
or more of these definitions in any year in which this program is in 
effect.
    Charter school national level means, with respect to an applicant's 
dissemination strategy, that the strategy covers a wide variety of 
charter schools, authorized public chartering agencies, charter support 
organizations, and other stakeholder groups within multiple States 
across the country, including rural and urban areas.
    Community of practice means a group of stakeholders that interacts 
regularly to solve a persistent problem or to improve practice in an 
area that is important to them and the success of the grant project.
    Graduation rate means a four-year adjusted cohort graduation rate 
consistent with 34 CFR 200.19(b)(1) and may also include an extended-
year adjusted cohort graduation rate consistent with 34 CFR 
200.19(b)(1)(v) if the State in which the proposed project is 
implemented has been approved by the Secretary to use such a rate under 
Title I of the ESEA.
    High-need students means children and students at risk of 
educational failure, such as children and students who are living in 
poverty, who are English Learners, who are far below grade level or who 
are not on track to becoming college- or career-ready by graduation, 
who have left school or college before receiving, respectively, a 
regular high school diploma or a college degree or certificate, who are 
at risk of not graduating with a diploma on time, who are homeless, who 
are in foster care, who are pregnant or parenting teenagers, who have 
been incarcerated, who are new immigrants, who are migrant, or who have 
disabilities.
    High-quality charter school means--
    (a) A school that shows evidence of strong academic results for the 
past three years (or over the life of the school, if the school has 
been open for fewer than three years), based on the following factors:
    (1) Increased student academic achievement and attainment 
(including, if applicable, high school graduation rates and college and 
other postsecondary enrollment rates) for all students, including, as 
applicable, educationally disadvantaged students served by the charter 
school;
    (2) Either:
    (i) Demonstrated success in closing historic achievement gaps for 
the subgroups of students described in section 1111(b)(2)(C)(v)(II) of 
the ESEA (20 U.S.C. 6311) at the charter school; or
    (ii) No significant achievement gaps between any of the subgroups 
of students described in section 1111 (b)(2)(C)(v)(II) of the ESEA (20 
U.S.C. 6311) at the charter school and significant gains in student 
academic achievement for all populations of students served by the 
charter school;
    (3) Results (including, if applicable and available, performance on 
statewide tests, annual student attendance and retention rates, high 
school graduation rates, college and other postsecondary attendance 
rates, and college and other postsecondary persistence rates) for

[[Page 40661]]

low-income and other educationally disadvantaged students served by the 
charter school that are above the average academic achievement results 
for such students in the State;
    (4) Positive results on a performance framework established by the 
State or authorized public chartering agency for purposes of evaluating 
charter school quality; and
    (5) No significant compliance issues (as defined in this notice), 
particularly in the areas of student safety, financial management, and 
equitable and nondiscriminatory treatment for students; or
    (b) A high-quality charter school as defined by the State, provided 
that the State's definition is at least as rigorous as paragraph (a).
    Logic model (also referred to as theory of action), as defined in 
34 CFR 77.1(c), means a well-specified conceptual framework that 
identifies key components of the proposed process, product, strategy, 
or practice (i.e., the active ``ingredients'' that are hypothesized to 
be critical to achieving the relevant outcomes) and describes the 
relationships among the key components and outcomes, theoretically and 
operationally.
    National level, as defined in 34 CFR 77.1(c), describes the level 
of scope or effectiveness of a process, product, strategy, or practice 
that is able to be effective in a wide variety of communities, 
including rural and urban areas, as well as with different groups 
(e.g., economically disadvantaged, racial and ethnic groups, migrant 
populations, individuals with disabilities, English learners, and 
individuals of each gender).
    Regional level, as defined in 34 CFR 77.1(c), describes the level 
of scope or effectiveness of a process, product, strategy, or practice 
that is able to serve a variety of communities within a State or 
multiple States, including rural and urban areas, as well as with 
different groups (e.g., economically disadvantaged, racial and ethnic 
groups, migrant populations, individuals with disabilities, English 
learners, and individuals of each gender). For an LEA-based project to 
be considered a regional-level project, a process, product, strategy, 
or practice must serve students in more than one LEA, unless the 
process, product, strategy, or practice is implemented in a State in 
which the State educational agency is the sole educational agency for 
all schools.
    Relevant outcome, as defined in 34 CFR 77.1(c), means the student 
outcome(s) (or the ultimate outcome if not related to students) the 
proposed process, product, strategy, or practice is designed to 
improve; consistent with the specific goals of a program.
     Significant compliance issue means a violation that did, will, or 
could (if not addressed or if it represents a pattern of repeated 
misconduct or material non-compliance) 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; student performance on English language 
proficiency assessments; and other measures of student achievement that 
are rigorous and comparable across schools.
    Student growth means the change in achievement data for an 
individual student between two or more points in time. Growth may also 
include other measures that are rigorous and comparable across 
classrooms.

Final priorities, requirements, and definitions

    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, 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 priorities, 
requirements, and definitions we invite applications through a 
notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final 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 final 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 upon 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 practicable--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 
behavioral changes.''

[[Page 40662]]

    We are issuing these final priorities, requirements, and 
definitions only on a reasoned determination that their benefits 
justify their costs. In choosing among alternative regulatory 
approaches, we selected those approaches that maximize net benefits. 
Based on the analysis that follows, the Department believes that this 
regulatory action is consistent with the principles in Executive Order 
13563.
    We also have determined that this regulatory action does 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, both quantitative and 
qualitative, of this regulatory action. The potential costs 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: The Paperwork Reduction Act of 
1995 does not require you to respond to a collection of information 
unless it displays a valid OMB control number. The collection of 
information is approved under OMB control number 1855-0026.
    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 either 
of the program contact persons 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: July 9, 2014.
Nadya Chinoy Dabby,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2014-16462 Filed 7-11-14; 8:45 am]
BILLING CODE 4000-01-P