[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89911-89920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29907]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Magnet Schools Assistance Program

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

ACTION: Notice.

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    Overview Information: Magnet Schools Assistance Program (MSAP) 
Notice inviting applications for new awards for fiscal year (FY) 2017.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A.

DATES: 
    Applications Available: December 13, 2016.
    Deadline for Notice of Intent To Apply: January 9, 2017.
    Deadline for Transmittal of Applications: April 11, 2017.
    Date of Informational Webinar: The Department of Education 
(Department) intends to hold a Webinar to provide technical assistance 
to interested applicants. Detailed information

[[Page 89912]]

regarding this Webinar will be provided on the MSAP Web site at http://innovation.ed.gov/what-we-do/parental-options/magnet-school-assistance-program-msap/. A recording of this Webinar will be available on the Web 
site following the session.
    Deadline for Intergovernmental Review: May 8, 2017.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The MSAP, authorized under Title IV, Part D of 
the Elementary and Secondary Education Act (ESEA), as amended by the 
Every Student Succeeds Act (ESSA), provides grants to local educational 
agencies (LEAs) and consortia of LEAs to support magnet schools under 
an approved, required or voluntary, desegregation plan.
    The ESSA amended the MSAP in several important ways. To better 
support the development and implementation of magnet schools that 
increase racial integration and promote academic opportunity and 
excellence, the ESSA amended the MSAP to prioritize the creation and 
replication of evidence-based magnet programs and magnet schools that 
seek to reduce, eliminate, or prevent minority group isolation by 
taking into account socioeconomic diversity. To assist LEAs with 
improving access to magnet schools, under the program as reauthorized 
by the ESSA, MSAP funds may now be used to support student 
transportation, provided the transportation costs are sustainable and 
the costs do not constitute a significant portion of grant funds. 
Additionally, the reauthorized MSAP extends the grant term from three 
years to up to five years, and increases the maximum cumulative grant 
award from $12 million to $15 million to each grantee over the course 
of its project. Grantees must use grant funds for activities intended 
to improve students' academic achievement, including acquiring books, 
materials, technology, and equipment to support a rigorous, theme-based 
academic program; conducting planning and promotional activities; 
providing professional development opportunities for teachers to 
implement the academic program; and paying the salaries of effective 
teachers and other instructional personnel.
    Background: The MSAP seeks to reduce minority group isolation by 
funding projects in LEAs or consortia of LEAs that propose to implement 
magnet schools with academically challenging, innovative instructional 
approaches or specialized curricula ``designed to bring students from 
different social, economic, ethnic, and racial backgrounds together.'' 
\1\ Unique to many of these schools is the implementation of high-
demand, industry-specific themes, using sophisticated technology and 
curricula.
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    \1\ 20 U.S.C. 7231(b)(2).
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    Recent MSAP grantees have experienced both successes and 
challenges. Some grantees have effectively diversified their schools, 
while other grantees have struggled to meet their desegregation goals. 
Similar to the disparity in grantees' results related to desegregation 
efforts, significant variations in grantees' ability to increase 
academic achievement have emerged.\2\ As such, this year's competition 
continues to emphasize programs that show promise of promoting academic 
achievement and desegregation (primarily through the use of selection 
criteria focused on these issues).
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    \2\ Walton, M., Silva, B., and Ford, E. (2016). Magnet Schools 
Assistance Program FY 2013 Cohort Characteristics and Government 
Performance and Results Act Data Report for Performance Year 2. U.S. 
Department of Education, Washington, DC.
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    In addition, as part of the program's focus on improving academic 
achievement and reducing minority group isolation, we include the 
program's new statutory priority to give a preference to applicants 
that propose to increase racial integration by taking into account 
socioeconomic diversity in designing and implementing magnet programs. 
The socioeconomic make-up of the school is one of the strongest 
predictors of whether or not a student will succeed academically. 
Moreover, the social benefits of attending an integrated school also 
contribute to improved academic and life outcomes for students.\3\ As 
of 2011, almost half of public elementary school students attend 
schools where most of the students are from lower-income households, 
and black and Latino students are disproportionately concentrated in 
these schools in almost every State.\4\ In this year's MSAP 
competition, we encourage applicants to propose a range of activities 
that incorporate a focus on socioeconomic diversity, including 
establishing and participating in a voluntary, inter-district transfer 
program for students from varied neighborhoods; making strategic 
decisions regarding magnet school sites to maximize the potential 
diversity (socioeconomically and otherwise) of the school given the 
schools' neighboring communities; revising school boundaries, 
attendance zones, or feeder patterns to take into account residential 
segregation or other related issues; and the formally merging of or 
coordinating among multiple educational jurisdictions in order to pool 
resources, provide transportation, and expand high-quality public 
school options for lower-income students. Applicants that choose to 
address this priority should identify the criteria they intend to use 
to determine students' socioeconomic status (e.g., based on family 
income, education level, other factors, or a combination thereof) and 
clearly describe and support how their approach to incorporating 
socioeconomic diversity is part of their overall effort to eliminate, 
reduce, or prevent minority group isolation.
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    \3\ Coleman, James. ``Equality and Educational Opportunity.'' 
Does Segregation Still Matter, Russell Rumberger and Gregory 
Palardy, 2005, 1999-2045.
    \4\ Susan Aud et al., The Condition of Education 2011 
(Washington, DC: U.S. Government Printing Office, 2011), Table A-28-
1.
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    Designing schools that attract and retain a diverse group of 
students necessitates engagement with their parents, families, and 
community. For this reason, we encourage applicants to demonstrate 
ongoing, robust family and community engagement (primarily through the 
use of a selection criterion focused on this issue). As applicable, 
each applicant's process for public involvement and consultation should 
reflect coordination with other relevant government entities, including 
housing and transportation authorities, given the impact that other 
public policies, such as housing and transportation, have on the 
composition of a school's student body. To encourage systemic and 
timely change, the Department is also interested in proposals that 
establish new school assignment or admissions policies for schools that 
seek to increase the number of low-income students they serve through 
student assignment policies that consider the socioeconomic status of 
students' households, students residing in neighborhoods experiencing 
concentrated poverty, and students from low-performing schools (amongst 
other factors). The Department is further interested in proposals that 
establish magnet schools at multiple locations within an LEA or 
consortia of LEAs that vary in terms of the demographics of the 
surrounding neighborhoods to increase opportunities for all students to 
attend high-quality magnet schools without placing the majority of the 
transportation burden on students of color. Such proposals should be 
addressed in response to Competitive Preference Priority 4.
    With this year's competition, the Department also aims to improve

[[Page 89913]]

MSAP's short- and longer-term outcomes and generate evidence to inform 
future efforts by encouraging applicants to (1) propose projects that 
are supported by prior evidence and (2) propose robust evaluations of 
their proposed MSAP projects that would yield evidence of promise (as 
defined in this notice) from which future MSAP applicants could learn. 
Along these lines, we include a selection criterion that encourages 
applicants to submit a logic model as part of their applications. Each 
proposed project should be supported by a logic model with clearly 
defined outcomes that will inform the project's performance measures 
and evaluation. In addition, through Competitive Preference Priority 2 
we encourage applicants to submit research that demonstrates that the 
applicant's proposed approach to their MSAP-funded magnet schools is 
based on prior evidence and we encourage applicants to submit evidence 
that corresponds to the highest levels of evidence available.
    Under the ESSA amendments to the ESEA, MSAP grantees will now have 
more funding, time, and resources to implement meaningful, proven 
methods for developing magnet programs to diversify schools and improve 
academic outcomes for students. We encourage LEAs to use the MSAP funds 
as a catalyst to create comprehensive and systematic approaches to 
racial and socioeconomic integration, including effective desegregation 
programs that will be continued after the end of the grant.
    Priorities: This competition includes four competitive preference 
priorities. In accordance with 34 CFR 75.105(b)(2)(ii), Competitive 
Preference Priorities 1 and 3 are from the MSAP regulations at 34 CFR 
280.32. In accordance with 34 CFR 75.105(b)(2)(iv), Competitive 
Preference Priorities 2 and 4 are from section 4406 of the ESEA, as 
amended by the ESSA, 20 U.S.C. 7231e.
    Competitive Preference Priorities: For FY 2017, these priorities 
are competitive preference priorities. Under 34 CFR 280.30(f), we will 
award up to six additional points to an application, depending on how 
well the applicant addresses Competitive Preference Priorities 1, 2, 
and 3. Under 34 CFR 75.105(c)(2)(i) we will award up to an additional 
four points to an application, depending on how well the application 
addresses Competitive Preference Priority 4. Together, depending on how 
well the application meets these priorities, an application may be 
awarded up to a total of 10 additional points. Applicants may apply 
under any, all, or none of the competitive preference priorities. The 
maximum possible points for each competitive preference priority are 
indicated in parentheses following the name of the priority. These 
points are in addition to any points the application earns under the 
selection criteria in this notice.
    These priorities are:

Competitive Preference Priority 1--Need for Assistance (0 or 2 
Additional Points)

    The Secretary evaluates the applicant's need for assistance by 
considering--
    (a) The costs of fully implementing the magnet schools project as 
proposed;
    (b) The resources available to the applicant to carry out the 
project if funds under the program were not provided;
    (c) The extent to which the costs of the project exceed the 
applicant's resources; and
    (d) The difficulty of effectively carrying out the approved plan 
and the project for which assistance is sought, including consideration 
of how the design of the magnet schools project--e.g., the type of 
program proposed, the location of the magnet school within the LEA--
impacts the applicant's ability to successfully carry out the approved 
plan.

Competitive Preference Priority 2--New or Revised Magnet Schools 
Projects and Strength of Evidence To Support Proposed Projects (0 to 3 
Additional Points)

    The Secretary determines the extent to which the applicant proposes 
to carry out a new evidence-based (as defined in this notice) magnet 
school program or significantly revise an existing magnet school 
program using evidence-based methods and practices, as available, or 
replicate an existing magnet school program that has a demonstrated 
record of success in increasing student academic achievement and 
reducing isolation of minority groups.

Competitive Preference Priority 3--Selection of Students (0 to 2 
Additional Points)

    The Secretary determines the extent to which the applicant proposes 
to select students to attend magnet schools by methods such as lottery, 
rather than through academic examination.

Competitive Preference Priority 4--Increasing Racial Integration and 
Socioeconomic Diversity (0 to 4 Additional Points)

    The Secretary determines the extent to which the applicant proposes 
to increase racial integration by taking into account socioeconomic 
diversity in designing and implementing magnet school programs.
    Definitions: The definition of ``evidence-based'' is from 20 U.S.C. 
7801. The remaining definitions are from 34 CFR 77.1(c).
    Evidence-based means an activity, strategy, or intervention that--
    (i) Demonstrates a statistically significant effect on improving 
student outcomes or other relevant outcomes based on--
    (A) Strong evidence from at least one well-designed and well-
implemented experimental study;
    (B) Moderate evidence from at least one well designed and well-
implemented quasi-experimental study; or
    (C) Promising evidence from at least one well-designed and well-
implemented correlational study with statistical controls for selection 
bias; or
    (ii)
    (A) Demonstrates a rationale based on high-quality research 
findings or positive evaluation that such activity, strategy, or 
intervention is likely to improve student outcomes or other relevant 
outcomes; and
    (B) Includes ongoing efforts to examine the effects of such 
activity, strategy, or intervention.
    Evidence of promise means there is empirical evidence to support 
the theoretical linkage(s) between at least one critical component and 
at least one relevant outcome presented in the logic model for the 
proposed process, product, strategy, or practice. Specifically, 
evidence of promise means the conditions in paragraphs (i) and (ii) of 
this section are met:
    (i) There is at least one study that is a--
    (A) Correlational study with statistical controls for selection 
bias;
    (B) Quasi-experimental study that meets the What Works 
Clearinghouse Evidence Standards with reservations; or
    (C) Randomized controlled trial that meets the What Works 
Clearinghouse Evidence Standards with or without reservations.
    (ii) The study referenced in paragraph (i) found a statistically 
significant or substantively important (defined as a difference of 0.25 
standard deviations or larger), favorable association between at least 
one critical component and one relevant outcome presented in the logic 
model for the proposed process, product, strategy, or practice.
    Logic model (also referred to as theory of action) means a well-
specified conceptual framework that identifies key components of the 
proposed process, product, strategy, or practice

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(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.
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental design by identifying a 
comparison group that is similar to the treatment group in important 
respects. These studies, depending on design and implementation, can 
meet What Works Clearinghouse Evidence Standards with reservations (but 
not What Works Clearinghouse Evidence Standards without reservations).
    Randomized controlled trial means a study that employs random 
assignment of, for example, students, teachers, classrooms, schools, or 
districts to receive the intervention being evaluated (the treatment 
group) or not to receive the intervention (the control group). The 
estimated effectiveness of the intervention is the difference between 
the average outcomes for the treatment group and for the control group. 
These studies, depending on design and implementation, can meet What 
Works Clearinghouse Evidence Standards without reservations.
    Relevant outcome 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.
    Strong theory means a rationale for the proposed process, product, 
strategy, or practice that includes a logic model.
    What Works Clearinghouse Evidence Standards means the standards set 
forth in the What Works Clearinghouse Procedures and Standards Handbook 
(Version 3.0, March 2014), which can be found at the following link: 
http://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19.
    Program Authority: 20 U.S.C. 7231-7231j.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 97, 98, and 99. (b) The OMB Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 
180, as adopted and amended as regulations of the Department in 2 CFR 
part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The regulations for this program in 34 CFR part 280.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $90,582,483.
    The Administration has requested $115,000,000 for this program for 
FY 2017, of which we estimate $90,582,483 will be for new awards. The 
actual level of funding, if any, depends on final congressional action. 
However, we are inviting applications at this time to allow enough time 
for applicants to develop strong applications and for the Department to 
complete the grant process before the end of the 2017 fiscal year, if 
Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2018 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $700,000-$3,000,000 per budget year.
    Maximum Award: No grant awarded under this competition to a LEA, or 
a consortium of LEAs, shall be for more than $15,000,000 for the 
project period. Grantees may not expend more than 50 percent of the 
year one grant funds and not more than 15 percent of year two and three 
grant funds for planning activities. Professional development is not 
considered to be a planning activity.

    Note: Yearly award amounts may vary.

    Estimated Number of Awards: 23-30.

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

    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs implementing a 
desegregation plan as specified in section III. 3 of this notice.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Application Requirement: Under section 4405(b)(1)(A) of the 
ESEA, as amended by the ESSA, applicants must describe how a grant 
awarded under this competition will be used to promote desegregation. 
Applicants must include any available evidence on how the proposed 
magnet school programs will increase interaction among students of 
different social, economic, ethnic, and racial backgrounds. If such 
evidence is not available, applicants must include a rationale, based 
on current research, for how the proposed magnet school programs will 
increase interaction among students of different social, economic, 
ethnic, and racial backgrounds. Applicants should address this 
application requirement in the project narrative and, as appropriate, 
the logic model.
    4. Other: Applicants must submit with their applications one of the 
following types of desegregation plans to establish eligibility to 
receive MSAP assistance: (a) A desegregation plan required by a court 
order; (b) a desegregation plan required by a State agency or an 
official of competent jurisdiction; (c) a desegregation plan required 
by the Department's Office for Civil Rights (OCR) under Title VI of the 
Civil Rights Act of 1964 (Title VI); or (d) a voluntary desegregation 
plan adopted by the applicant and submitted to the Department for 
approval as part of the application. Under the MSAP regulations, 
applicants are required to provide all of the information required in 
34 CFR 280.20(a) through (g) in order to satisfy the civil rights 
eligibility requirements found in 34 CFR 280.2(a)(2) and (b).
    In addition to the particular data and other items for required and 
voluntary desegregation plans described in the application package, an 
application must include--
     Projected enrollment by race and ethnicity for magnet and 
feeder schools;
     Signed civil rights assurances (included in the 
application package); and
     An assurance that the desegregation plan is being 
implemented or will be implemented if the application is funded.

Required Desegregation Plans

    1. Desegregation plans required by a court order. An applicant that 
submits a desegregation plan required by a court order must submit 
complete and signed copies of all court documents demonstrating that 
the magnet schools are a part of the approved desegregation plan. 
Examples of the types of documents that would meet this requirement 
include a Federal or State court order that establishes specific magnet 
schools, amends a previous order or orders by establishing additional 
or different specific magnet schools, requires or approves the 
establishment of one or more unspecified magnet schools, or that 
authorizes the inclusion of magnet schools at the discretion of the 
applicant.
    2. Desegregation plans required by a State agency or official of 
competent jurisdiction. An applicant submitting a desegregation plan 
ordered by a State agency or official of competent jurisdiction must 
provide documentation that shows that the

[[Page 89915]]

desegregation plan was ordered based upon a determination that State 
law was violated. In the absence of this documentation, the applicant 
should consider its desegregation plan to be a voluntary plan and 
submit the data and information necessary for voluntary plans.
    3. Desegregation plans required by Title VI. An applicant that 
submits a desegregation plan required by OCR under Title VI must submit 
a complete copy of the desegregation plan demonstrating that magnet 
schools are part of the approved plan or that the plan authorizes the 
inclusion of magnet schools at the discretion of the applicant.
    4. Modifications to required desegregation plans. A previously 
approved desegregation plan that does not include the magnet school or 
program for which the applicant is now seeking assistance must be 
modified to include the magnet school component. The modification to 
the desegregation plan must be approved by the court, agency, or 
official that originally approved the plan. An applicant that wishes to 
modify a previously approved OCR Title VI desegregation plan to include 
different or additional magnet schools must submit the proposed 
modification for review and approval to the OCR regional office that 
approved its original plan.
    An applicant should indicate in its application if it is seeking to 
modify its previously approved desegregation plan. However, all 
applicants must submit proof of approval of all modifications to their 
plans to the Department by May 19, 2017. Proof of plan modifications 
should be mailed to the person and address identified under FOR FURTHER 
INFORMATION CONTACT in section VII of this notice.

Voluntary Desegregation Plans

    A voluntary desegregation plan must be approved by the Department 
each time an application is submitted for funding. Even if the 
Department has approved a voluntary desegregation plan in an LEA in the 
past, to be reviewed, the desegregation plan must be resubmitted with 
the application, by the application deadline.
    An applicant's voluntary desegregation plan must describe how the 
LEA defines or identifies minority group isolation, demonstrate how the 
LEA will reduce, eliminate, or prevent minority group isolation for 
each magnet school in the proposed magnet school application, and, if 
relevant, at identified feeder schools, and demonstrate that the 
proposed voluntary desegregation plan is adequate under Title VI. For 
additional guidance on how an LEA can voluntarily reduce minority group 
isolation and promote diversity in an LEA in light of the Supreme 
Court's decision in Parents Involved in Community Schools v. Seattle 
School District No 1 et al., 551 U.S. 701 (2007), see the December 2, 
2011, ``Guidance on the Voluntary Use of Race to Achieve Diversity and 
Avoid Racial Isolation in Elementary and Secondary Schools'' available 
on the Department's Web site at www.ed.gov/ocr/docs/guidance-ese-201111.pdf.
    Complete and accurate enrollment forms and other information as 
required by the regulations in 34 CFR 280.20(f) and (g) for applicants 
with voluntary desegregation plans are critical to the Department's 
determination of an applicant's eligibility under a voluntary 
desegregation plan (specific requirements are detailed in the 
application package).
    Voluntary desegregation plan applicants must submit documentation 
of school board approval or documentation of other official adoption of 
the plan as required by the regulations in 34 CFR 280.20(f)(2) when 
submitting their application. LEAs that were previously under a 
required desegregation plan, but that have achieved unitary status and 
so are voluntary desegregation plan applicants, typically would not 
need to include court orders. Rather such applications should provide 
the documentation discussed in this section.
    4. Single-Sex Programs: In addition to the normal MSAP grant review 
process, an applicant proposing to operate a single-sex magnet school 
or a coeducational magnet school that offers single-sex classes or 
extracurricular activities will undergo a separate and detailed review 
of its proposed single-sex educational program to determine compliance 
with applicable nondiscrimination laws, including the Equal Protection 
Clause of the U.S. Constitution (as interpreted in United States v. 
Virginia, 518 U.S. 515 (1996), and other cases) and Title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681, et seq.) and its 
regulations, including 34 CFR 106.34. This additional review is likely 
to require the applicant to provide additional fact-specific 
information about the single-sex program within the Department's 
timeframes for determining eligibility for funding. It is likely 
special conditions will be placed on any grant used to support a 
single-sex educational program. Please see the application package for 
additional information about an application proposing a single-sex 
magnet school or a coeducational magnet school offering single-sex 
classes or extracurricular activities.

IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an 
application package via the Internet, from the Education Publications 
Center (ED Pubs), or from the program office.
    To obtain a copy via the Internet, use the following address: 
www.ed.gov/fund/grant/apply/grantapps/.
    To obtain a copy from ED Pubs, write, fax, or call the following: 
Education Publications Center, P.O. Box 22207, Alexandria, VA 22304. 
Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a 
telecommunications device for the deaf (TDD) or a text telephone (TTY), 
call, toll free: 1-877-576-7734.
    You can contact ED Pubs at its Web site, also: www.EdPubs.gov or at 
its email address: [email protected].
    If you request an application from ED Pubs, be sure to identify 
this program as follows: CFDA number 84.165A.
    To obtain a copy from the program office, contact: Jennifer Todd, 
U.S. Department of Education, 400 Maryland Avenue SW., Room 4W201, 
Washington, DC 20202-5970. Telephone: (202) 453-7200 or by email: 
[email protected].
    If you use a TDD or TTY, call the Federal Relay Service (FRS), toll 
free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the program contact person listed in 
this section.
    2. a. Content and Form of Application Submission: Requirements 
concerning the content and form of an application, together with the 
forms you must submit, are in the application package for this 
competition.
    Notice of Intent to Apply: The Department will be able to develop a 
more efficient process for reviewing grant applications if it has a 
better understanding of the number of entities that intend to apply for 
funding under this competition. Therefore, the Secretary strongly 
encourages each potential applicant to notify the Department of the 
applicant's intent to submit an application for funding by completing a 
Web-based form. When completing this form, applicants will provide (1) 
the applicant organization's name and address, (2) the number of and 
proposed theme(s) of school(s) that will be served through the MSAP 
grant, and (3) information on the priority or

[[Page 89916]]

priorities (if any) under which the applicant intends to apply. 
Applicants may access this form online at http://innovation.ed.gov/what-we-do/parental-options/magnet-school-assistance-program-msap/. 
Applicants that do not complete this form may still apply for funding.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria and the 
competitive preference priorities that reviewers use to evaluate your 
application. The suggested page limit for the application narrative is 
no more than 150 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12-point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
     Include page numbers at the bottom of each page in your 
narrative.
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances, certifications, the desegregation plan and related 
information, and the tables used to respond to Competitive Preference 
Priorities 2 and 3; or the one-page abstract, the resumes, or letters 
of support. However, the page limit does apply to all of the 
application narrative in Part III.
    2. b. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the MSAP program, 
your application may include business information that you consider 
proprietary. In 34 CFR 5.11 we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Submission Dates and Times:
    Applications Available: December 13, 2016.
    Date of Informational Webinar: The MSAP intends to hold a Webinar 
to provide technical assistance to interested applicants. Detailed 
information regarding this Webinar will be provided on the MSAP Web 
site at: http://innovation.ed.gov/what-we-do/parental-options/magnet-school-assistance-program-msap/.
    A recording of this Webinar will be available on the Web site 
following the session.
    Deadline for Transmittal of Applications: April 11, 2017.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to Other Submission Requirements in section 
IV of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under For Further Information Contact in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: May 8, 2017.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    5. Funding Restrictions: We specify unallowable costs in 34 CFR 
280.41. The ESEA, as amended by the ESSA, removed the statutory 
prohibition on the use of funds for transportation; therefore, the 
prohibition on transportation in the regulation is no longer 
applicable. We reference additional regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the System for Award 
Management (SAM), the Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number from Dun and Bradstreet at the 
following Web site: http://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.

    Note: Once your SAM registration is active, it may be 24 to 48 
hours before you can access the information in, and submit an 
application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This may take three or more business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you

[[Page 89917]]

with obtaining and registering your DUNS number and TIN in SAM or 
updating your existing SAM account, we have prepared a SAM.gov Tip 
Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.
    In addition, if you are submitting your application via Grants.gov, 
you must (1) be designated by your organization as an Authorized 
Organization Representative (AOR); and (2) register yourself with 
Grants.gov as an AOR. Details on these steps are outlined at the 
following Grants.gov Web page: www.grants.gov/web/grants/register.html.
    7. Other Submission Requirements: Applications for grants under 
MSAP must be submitted electronically unless you qualify for an 
exception to this requirement in accordance with the instructions in 
this section.
    a. Electronic Submission of Applications.
    Applications for grants under MSAP, CFDA number 84.165A, must be 
submitted electronically using the Governmentwide Grants.gov Apply site 
at www.Grants.gov. Through this site, you will be able to download a 
copy of the application package, complete it offline, and then upload 
and submit your application. You may not email an electronic copy of a 
grant application to us.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    You may access the electronic grant application for MSAP at 
www.Grants.gov. You must search for the downloadable application 
package for this program by the CFDA number. Do not include the CFDA 
number's alpha suffix in your search (e.g., search for 84.165, not 
84.165A).
    Please note the following:
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30:00 p.m., Washington, DC time, on the application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for MSAP to ensure that you submit 
your application in a timely manner to the Grants.gov system. You can 
also find the Education Submission Procedures pertaining to Grants.gov 
under News and Events on the Department's G5 system home page at 
www.G5.gov. In addition, for specific guidance and procedures for 
submitting an application through Grants.gov, please refer to the 
Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications.
     You must upload any narrative sections and all other 
attachments to your application as files in a read-only, non-modifiable 
Portable Document Format (PDF). Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a 
password-protected file, we will not review that material. Please note 
that this could result in your application not being considered for 
funding because the material in question--for example, the application 
narrative--is critical to a meaningful review of your proposal. For 
that reason it is important to allow yourself adequate time to upload 
all material as PDF files. The Department will not convert material 
from other formats to PDF.
     Your electronic application must comply with any page 
limit requirements described in this notice.
     After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. This notification indicates 
receipt by Grants.gov only, not receipt by the Department. Grants.gov 
will also notify you automatically by email if your application met all 
the Grants.gov validation requirements or if there were any errors 
(such as submission of your application by someone other than a 
registered Authorized Organization Representative, or inclusion of an 
attachment with a file name that contains special characters). You will 
be given an opportunity to correct any errors and resubmit, but you 
must still meet the deadline for submission of applications.
    Once your application is successfully validated by Grants.gov, the 
Department will retrieve your application from Grants.gov and send you 
an email with a unique PR/Award number for your application.
    These emails do not mean that your application is without any 
disqualifying errors. While your application may have been successfully 
validated by Grants.gov, it must also meet the Department's application 
requirements as specified in this notice and in the application 
instructions. Disqualifying errors could include, for instance, failure 
to upload attachments in a read-only, non-modifiable PDF; failure to 
submit a required part of the application; or failure to meet applicant 
eligibility requirements. It is your responsibility to ensure that your 
submitted application has met all of the Department's requirements.
     We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
With the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk,

[[Page 89918]]

toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk 
Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30:00 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30:00 p.m., Washington, DC 
time, on the application deadline date, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT in section VII of this 
notice and provide an explanation of the technical problem you 
experienced with Grants.gov, along with the Grants.gov Support Desk 
Case Number. We will accept your application if we can confirm that a 
technical problem occurred with the Grants.gov system and that the 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. We will 
contact you after we determine whether your application will be 
accepted.

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

    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the Grants.gov system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Grants.gov system;
    and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline 
date. If you fax your written statement to the Department, we must 
receive the faxed statement no later than two weeks before the 
application deadline date.
    Address and mail or fax your statement to: Jennifer Todd, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W250, 
Washington, DC 20202-5970. FAX: (202) 205-5630.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.165A), LBJ Basement Level 1, 400 Maryland Avenue SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    We will not consider applications postmarked after the application 
deadline date.
    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.165A), 550 12th Street SW., Room 7039, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by 
the Department--in Item 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this notification within 15 business days from the 
application deadline date, you should call the U.S. Department of 
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria are from 34 CFR 
75.210, 34 CFR 280.30, 34 CFR 280.31, and sections 4401 and 4405 of the 
ESEA, as amended by the ESSA. All of the selection criteria are listed 
in this section and in the application package.
    The maximum score for all of the selection criteria is 100 points. 
The maximum score for each criterion is included in parentheses 
following the title of the specific selection criterion. Each criterion 
also includes the factors that reviewers will consider in determining 
the extent to which an applicant meets the criterion.
    Points awarded under these selection criteria are in addition to 
any points an applicant earns under the competitive preference 
priorities in this notice. The maximum score that an application may 
receive under the competitive preference priorities and the selection 
criteria is 110 points.
    (a) Desegregation (30 points).
    The Secretary reviews each application to determine the quality of 
the desegregation-related activities and determines the extent to which 
the applicant demonstrates--
    (1) The effectiveness of its plan to recruit students from 
different social, economic, ethnic, and racial backgrounds into the 
magnet schools. (34 CFR 280.31(a)(2)(v))
    (2) How it will foster interaction among students of different 
social, economic, ethnic, and racial backgrounds in classroom 
activities,

[[Page 89919]]

extracurricular activities, or other activities in the magnet schools 
(or, if appropriate, in the schools in which the magnet school programs 
operate). (34 CFR 280.31)
    (3) How it will ensure equal access and treatment for eligible 
project participants who have been traditionally underrepresented in 
courses or activities offered as part of the magnet school, e.g., women 
and girls in mathematics, science, or technology courses, and disabled 
students. (34 CFR 280.31)
    (4) The effectiveness of all other desegregation strategies 
proposed by the applicant for the elimination, reduction, or prevention 
of minority group isolation in elementary schools and secondary schools 
with substantial proportions of minority students. (Section 4401(b)(1) 
of the ESEA, as amended by the ESSA)
    (b) Quality of Project Design (30 points).
    The Secretary reviews each application to determine the quality of 
the project design. In determining the quality of the design of the 
proposed project, the Secretary considers the following factors:
    (1) The manner and extent to which the magnet school program will 
improve student academic achievement for all students attending the 
magnet school programs, including the manner and extent to which each 
magnet school program will increase student academic achievement in the 
instructional area or areas offered by the school, including any 
evidence, or if such evidence is not available, a rationale based on 
current research findings, to support such description. (Sections 
4405(b)(1)(E)(i) and 4405(b)(1)(B) of the ESEA, as amended by the ESSA)
    (2) The extent to which the applicant demonstrates that it has the 
resources to operate the project beyond the length of the grant, 
including a multi-year financial and operating model and accompanying 
plan; the demonstrated commitment of any partners; evidence of broad 
support from stakeholders (e.g., State educational agencies, teachers' 
unions) critical to the project's long-term success; or more than one 
of these types of evidence. (34 CFR 75.210)
    (3) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services. (34 CFR 75.210)
    (4) The extent to which the proposed project is supported by strong 
theory (as defined in this notice). (34 CFR 75.210)
    (c) Quality of Management Plan (15 points) (34 CFR 75.210).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (2) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.
    (d) Quality of Personnel (5 points) (34 CFR 280.31).
    (1) The Secretary reviews each application to determine the 
qualifications of the personnel the applicant plans to use on the 
project. The Secretary determines the extent to which--
    (a) The project director (if one is used) is qualified to manage 
the project;
    (b) Other key personnel are qualified to manage the project; and
    (c) Teachers who will provide instruction in participating magnet 
schools are qualified to implement the special curriculum of the magnet 
schools.
    (2) To determine personnel qualifications, the Secretary considers 
experience and training in fields related to the objectives of the 
project, including the key personnel's knowledge of and experience in 
curriculum development and desegregation strategies.
    (e) Quality of Project Evaluation (20 points) (34 CFR 75.210).
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) The extent to which the methods of evaluation will, if well-
implemented, produce evidence of promise (as defined in this notice).
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (3) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
also requires various assurances including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose special conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$150,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds

[[Page 89920]]

$10,000,000, the reporting requirements in 2 CFR part 200, Appendix 
XII, require you to report certain integrity information to FAPIIS 
semiannually. Please review the requirements in 2 CFR part 200, 
Appendix XII, if this grant plus all the other Federal funds you 
receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) The Secretary may provide a grantee with additional funding for 
data collection analysis and reporting. In this case the Secretary 
establishes a data collection period.
    4. Performance Measures: We have established the following five 
performance measures for the MSAP:
    (a) The number and percentage of magnet schools receiving 
assistance whose student enrollment reduces, eliminates, or prevents 
minority group isolation.
    (b) The percentage increase of students from major racial and 
ethnic groups in magnet schools receiving assistance who score 
proficient or above on State assessments in reading/language arts as 
compared to previous year's data.
    (c) The percentage increase of students from major racial and 
ethnic groups in magnet schools receiving assistance who score 
proficient or above on State assessments in mathematics as compared to 
previous year's data.
    (d) The percentage of magnet schools that received assistance that 
are still operating magnet school programs three years after Federal 
funding ends.
    (e) The percentage of magnet schools that received assistance that 
meet the State's annual measurable objectives and, for high schools, 
graduation rate targets at least three years after Federal funding 
ends.

    Note: Recognizing that States are no longer required to report 
annual measurable objectives to the Department under the ESEA, as 
amended by the ESSA, we include this performance measure in order to 
ensure MSAP grantees monitor and report high school graduation 
rates. States must establish and measure against ambitious, long-
term goals; we encourage MSAP grantees to consider these State goals 
and incorporate them into their annual performance reporting as 
appropriate.

    5. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Jennifer Todd, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W201, Washington, DC 20202-
5970. Telephone: (202) 453-7200 or by email: [email protected].
    If you use a TDD or TTY, call the FRS, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact person listed under FOR FURTHER INFORMATION CONTACT 
in section VII of this notice.
    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 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: December 8, 2016.
Nadya Chinoy Dabby,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2016-29907 Filed 12-12-16; 8:45 am]
 BILLING CODE 4000-01-P