[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15207-15214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06016]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program--Grants for Credit Enhancement for 
Charter School Facilities

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

ACTION: Notice.

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Overview Information

    Expanding Opportunity through Quality Charter Schools Program 
(CSP)--Grants for Credit Enhancement for Charter School Facilities 
Notice inviting applications for new awards for fiscal year (FY) 2017.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.354A.

DATES: 
    Applications Available: March 27, 2017.
    Date of Pre-Application Meeting: April 12, 2017, 1:00 p.m. to 2:00 
p.m., Washington, DC, time.
    Deadline for Transmittal of Applications: May 11, 2017.
    Deadline for Intergovernmental Review: July 10, 2017.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Grants for Credit Enhancement for Charter 
School Facilities (Credit Enhancement) program provides grants to 
eligible entities to demonstrate innovative methods of helping charter 
schools to address the cost of acquiring, constructing, and renovating 
facilities by enhancing the availability of loans and bond financing.

Background

    Since FY 2002, the Department has made new Credit Enhancement 
grants each year, which has resulted in a portfolio of grantees using 
Federal funds to enhance the credit of charter schools so that they can 
access private-sector and other non-Federal capital in order to 
acquire, construct, and renovate facilities at a reasonable cost. In 
December 2015, the Credit Enhancement program was reauthorized under 
the Elementary and Secondary Education Act of 1965 (ESEA), as amended 
by the Every Student Succeeds Act (ESSA) (20 U.S.C. 7221c). This notice 
contains application requirements from the ESEA, as amended by the 
ESSA,\1\ and selection criteria and a competitive preference priority 
for charters operating in high-need communities and geographic areas. 
This notice also includes an invitational priority that encourages 
applicants to partner with other entities to leverage new or previously 
untapped capital and other resources to expand support to more schools 
and students as well as improve their ability to support schools and 
students. For example, under this priority, an applicant could propose 
to partner with a newly created State-funded credit enhancement program 
designed to improve charter schools' credit ratings on bonds, thereby 
enabling charter school facility financing at lower interest rates and 
lower borrowing costs.
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    \1\ Unless otherwise indicated, references to the ESEA are to 
the ESEA, as amended by the ESSA.
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    Priorities: This competition includes one competitive preference 
priority and one invitational priority.
    Competitive Preference Priority: In accordance with 34 CFR 
75.105(b)(2)(ii),

[[Page 15208]]

this priority is from 34 CFR 225.12. For FY 2017 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 15 
points to an application, depending on how well the application 
addresses the priority.
    This priority is:
    The capacity of charter schools to offer public school choice in 
those communities with the greatest need for this choice based on--
    (1) The extent to which the applicant would target services to 
geographic areas in which a large proportion or number of public 
schools have been identified for improvement, corrective action, or 
restructuring under Title I of the Elementary and Secondary Education 
Act of 1965, as amended by the No Child Left Behind Act of 2001 (NCLB).
    (2) The extent to which the applicant would target services to 
geographic areas in which a large proportion of students perform below 
proficient on State academic assessments; and
    (3) The extent to which the applicant would target services to 
communities with large proportions of students from low-income 
families.

    Note:  With regard to paragraph (1), consistent with the 
transition authority in section 4(b) of the ESSA, through the 2017-
2018 school year, the Department will allow applicants to target 
services to geographic areas in which a large proportion of public 
schools are, at the time of submission of an application under this 
competition: (i) Elementary and secondary schools identified as in 
need of improvement, corrective action, or restructuring under the 
ESEA, as amended by NCLB; or (ii) elementary and secondary schools 
identified as a priority or focus school by the State prior to 
August 1, 2016 under ESEA flexibility.

    After school year 2017-2018, the Department will require an 
applicant that receives points under this priority and receives a grant 
under this competition to amend its approved application, as needed, to 
describe how it will target services to geographic areas in which a 
large proportion of public schools are elementary and secondary schools 
identified for comprehensive or targeted support and improvement under 
the ESEA, as amended by the ESSA.
    Invitational Priority: For FY 2017 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1) we do not give an application that meets this invitational 
priority a competitive or absolute preference over other applications.
    This priority is:
    Projects proposing the development of one or more partnerships that 
will enable the applicant to leverage newly created or previously 
untapped sources of capital or other assistance, which may include non-
Federal programs, in financing charter school facilities.

Definitions

    The following definition is from section 4310 of the ESEA.
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements in section 4310 of the ESEA;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred 
to as the ``Family Educational Rights and Privacy Act of 1974''), and 
part B of the Individuals with Disabilities Education Act;
    (h) Is a school to which parents choose to send their children, and 
that--
    (1) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A), if more students apply for admission than can be 
accommodated; or
    (2) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in clause (1);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students.
    Program Authority: 20 U.S.C. 7221c.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82, 
84, 86, 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 225.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Further Continuing and Security 
Assistance Appropriations Act, 2017, would provide, on an annualized 
basis, $332,538,640 for the CSP program and the authority to use at 
least $16,000,000 of CSP funds for Credit Enhancement awards. We intend 
to use an estimated $16,000,000 for new awards under this competition. 
The actual level of funding depends on final congressional action. 
However, we are inviting applications to allow enough time to complete 
the grant

[[Page 15209]]

process if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $4,000,000 to $8,000,000.
    Estimated Average Size of Awards: $5,333,000.
    Maximum Award: We will reject any application that proposes a 
budget exceeding $8,000,000 for a grant project.
    Estimated Number of Awards: 3.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: From the start date indicated on the grant award 
document until the Federal funds and earnings on those funds have been 
expended for the grant purposes or until financing facilitated by the 
grant has been retired, whichever is later.

III. Eligibility Information

1. Eligible Applicants:

    (a) A public entity, such as a State or local governmental entity;
    (b) A private, nonprofit entity; or
    (c) A consortium of entities described in paragraphs (a) and (b) of 
this section.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Other: The charter schools that a grantee selects to benefit 
from this program must meet the definition of ``charter school'' in 
section 4310 of the ESEA.

IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an 
application package via the Internet or from the Education Publications 
Center (ED Pubs). To obtain a copy via the Internet, use the following 
address: http://innovation.ed.gov/what-we-do/charter-schools/credit-enhancement-for-charter-school-facilities-program/. To obtain a copy 
from ED Pubs, write, fax, or call: ED Pubs, U.S. Department of 
Education, 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 the Federal 
Relay Service (FRS), 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 package from ED Pubs, be sure to 
identify this program or competition as follows: CFDA number 84.354A.
    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 person or team listed under 
Accessible Format in section VIII of this notice.
    2. a. Content and Form of Application Submission: Each Credit 
Enhancement program application must include the following specific 
elements:
    (A) A statement identifying the activities that the eligible entity 
proposes to carry out with funds received under the program, including 
how the eligible entity will determine which charter schools will 
receive assistance, and how much and what types of assistance charter 
schools will receive.
    (B) A description of the involvement of charter schools in the 
application's development and the design of the proposed activities.
    (C) A description of the eligible entity's expertise in capital 
market financing. (Consortium applicants must provide this information 
for each of the participating organizations.)
    (D) A description of how the proposed activities will leverage the 
maximum amount of private-sector financing capital relative to the 
amount of government funding used and otherwise enhance credit 
available to charter schools, including how the eligible entity will 
offer a combination of rates and terms more favorable than the rates 
and terms that a charter school could receive without assistance from 
the eligible entity under this section.
    (E) A description of how the eligible entity possesses sufficient 
expertise in education to evaluate the likelihood of success of a 
charter school program for which facilities financing is sought.
    (F) In the case of an application submitted by a State governmental 
entity, a description of the actions that the eligible entity has 
taken, or will take, to ensure that charter schools within the State 
receive the funding that charter schools need to have adequate 
facilities.
    (G) In the case of applicants applying as a consortium, applicants 
must also submit consortium agreements as part of their application 
package. These applicants must either designate one member of the group 
to apply for the grant or establish a separate legal entity to apply 
for the grant. All members of the consortium must then enter into an 
agreement that details the activities that each member of the group 
plans to perform and that binds each member to the application 
statements and assurances. This consortium agreement must be submitted 
as part of the consortium's application. The Department's 
administrative regulations at 34 CFR 75.127--129 provide more details 
about the requirements that govern group/consortium applications.
    Requirements concerning the content and form of an application, 
together with the forms you must submit, are in the application package 
for this program.
    Page Limit: The application narrative is where you, the applicant, 
address the selection criteria that reviewers use to evaluate your 
application. We recommend that you limit the application narrative to 
40 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.
    Furthermore, applicants are strongly encouraged to include a table 
of contents that specifies where each required part of the application 
is located.

    Note:  The applicant should review the Performance Measures 
section of this notice for information on the requirements for 
developing project-specific performance measures and targets 
consistent with the objectives of the program.

    b. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the Credit 
Enhancement 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,

[[Page 15210]]

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: March 27, 2017.
    Date of Pre-Application Meeting: April 12, 2017, 1:00 p.m. to 2:00 
p.m., Washington, DC, time.
    Deadline for Transmittal of Applications: May 11, 2017.
    Applications for grants under this program must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to 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: July 10, 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: (a) Reserve accounts. An eligible entity 
receiving a grant shall, in accordance with State and local law, 
directly or indirectly, alone or in collaboration with others, deposit 
the funds received, other than funds used for administrative costs, in 
a reserve account established and maintained by the eligible entity. 
Amounts deposited in such account shall be used by the eligible entity 
for one or more of the following purposes:
    (1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences 
of debt, loans, and interests therein.
    (2) Guaranteeing and insuring leases of personal and real property.
    (3) Facilitating financing by identifying potential lending 
sources, encouraging private lending, and other similar activities that 
directly promote lending to, or for the benefit of, charter schools.
    (4) Facilitating the issuance of bonds by charter schools, or by 
other public entities for the benefit of charter schools, by providing 
technical, administrative, and other appropriate assistance (including 
the recruitment of bond counsel, underwriters, and potential investors 
and the consolidation of multiple charter school projects within a 
single bond issue).
    Funds received and deposited in the reserve account shall be 
invested in obligations issued or guaranteed by the United States or a 
State, or in other similarly low-risk securities. Any earnings on funds 
received shall be deposited in the reserve account and used in 
accordance with this program.
    (b) Charter school objectives. An eligible entity receiving a grant 
must use the funds deposited in the reserve account to assist one or 
more charter schools to access private-sector capital to accomplish one 
or more of the following objectives:
    (1) The acquisition (by purchase, lease, donation, or otherwise) of 
an interest (including an interest held by a third party for the 
benefit of a charter school) in improved or unimproved real property 
that is necessary to commence or continue the operation of a charter 
school.
    (2) The construction of new facilities, or the renovation, repair, 
or alteration of existing facilities, necessary to commence or continue 
the operation of a charter school.
    (3) The predevelopment costs required to assess sites and to 
commence or continue the operation of a charter school.
    (c) Other. Grantees must ensure that all costs incurred using funds 
from the reserve account are reasonable. Under 20 U.S.C. 7221(c)(g), an 
eligible entity may use not more than 2.5 percent of the funds received 
under this grant for the administrative costs of carrying out its 
project responsibilities.
    We specify unallowable costs in 34 CFR 225.21.
    The full faith and credit of the United States are not pledged to 
the payment of funds under such obligation. In the event of a default 
on any debt or other obligation, the United States has no liability to 
cover the cost of the default.
    Applicants that are selected to receive an award must enter into a 
written Performance Agreement with the Department prior to drawing down 
funds, unless the grantee receives written permission from the 
Department in the interim to draw down a specific limited amount of 
funds. Grantees must maintain and enforce standards of conduct 
governing the performance of their employees, officers, directors, 
trustees, and agents engaged in the selection, award, and 
administration of contracts or agreements related to this grant. The 
standards of conduct must mandate disinterested decision-making. The 
Secretary, in accordance with chapter 37 of title 31 of the United 
States Code, will collect all or a portion of the funds in the reserve 
account established with grant funds (including any earnings on those 
funds) if the Secretary determines that: (1) The grantee has 
permanently ceased to use such funds to accomplish the purposes 
described in the authorizing statute and the Performance Agreement; or 
(2) not earlier than two years after the date on which it first 
receives these funds, the grantee has failed to make substantial 
progress in undertaking the grant project.
    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

[[Page 15211]]

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 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 this program must be submitted 
electronically unless you qualify for an exception to this requirement 
in accordance with the instructions in this section.
a. Electronic Submission of Applications
    Applications for grants under the Credit Enhancement program, CFDA 
number 84.354A, 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 the Credit 
Enhancement program at www.Grants.gov. You must search for the 
downloadable application package for this competition by the CFDA 
number. Do not include the CFDA number's alpha suffix in your search 
(e.g., search for 84.354, not 84.354A).
    Please note the following:
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time stamped by the Grants.gov system after 
4:30:00 p.m., Washington, DC time, on the application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this program to ensure that you 
submit your application in a timely manner to the Grants.gov system. 
You can also find the Education Submission Procedures pertaining to 
Grants.gov 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

[[Page 15212]]

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, 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: Clifton Jones, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W244, 
Washington, DC 20202-5970. FAX: (202) 205-2204.
    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 84.354A), 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 84.354A), 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 for this program are 
from program regulations at 34 CFR 225.11. The Secretary awards up to 
100 points for addressing these criteria. The maximum possible score 
for addressing

[[Page 15213]]

each criterion is indicated in parentheses. Each criterion also 
includes the factors that the reviewers will consider to determine how 
well an application meets the criterion. We encourage applicants to 
make explicit connections to the selection criteria and factors in 
their applications. The Secretary uses the following criteria to 
evaluate an application for a Credit Enhancement grant:
(a) Quality of Project Design and Significance (35 Points)
    In determining the quality of project design and significance, the 
Secretary considers--
    (1) The extent to which the grant proposal would provide financing 
to charter schools at better rates and terms than they can receive 
absent assistance through the program;
    (2) The extent to which the project goals, objectives, and timeline 
are clearly specified, measurable, and appropriate for the purpose of 
the program;
    (3) The extent to which the project implementation plan and 
activities, including the partnerships established, are likely to 
achieve measurable objectives that further the purposes of the program;
    (4) The extent to which the project is likely to produce results 
that are replicable;
    (5) The extent to which the project will use appropriate criteria 
for selecting charter schools for assistance and for determining the 
type and amount of assistance to be given;
    (6) The extent to which the proposed activities will leverage 
private or public-sector funding and increase the number and variety of 
charter schools assisted in meeting their facilities needs more than 
would be accomplished absent the program;
    (7) The extent to which the project will serve charter schools in 
States with strong charter laws, consistent with the criteria for such 
laws in section 4303(g)(2) of the ESEA; and
    (8) The extent to which the requested grant amount and the project 
costs are reasonable in relation to the objectives, design, and 
potential significance of the project.
(b) Quality of Project Services (15 points)
    In determining the quality of the project services, the Secretary 
considers--
    (1) The extent to which the services to be provided by the project 
reflect the identified needs of the charter schools to be served;
    (2) The extent to which charter schools and chartering agencies 
were involved in the design of, and demonstrate support for, the 
project;
    (3) The extent to which the technical assistance and other services 
to be provided by the proposed grant project involve the use of cost-
effective strategies for increasing charter schools' access to 
facilities financing, including the reasonableness of fees and lending 
terms; and
    (4) The extent to which the services to be provided by the proposed 
grant project are focused on assisting charter schools with a 
likelihood of success and the greatest demonstrated need for assistance 
under the program.
(c) Capacity (35 points)
    In determining an applicant's business and organizational capacity 
to carry out the project, the Secretary considers--
    (1) The amount and quality of experience of the applicant in 
carrying out the activities it proposes to undertake in its 
application, such as enhancing the credit on debt issuances, 
guaranteeing leases, and facilitating financing;
    (2) The applicant's financial stability;
    (3) The ability of the applicant to protect against unwarranted 
risk in its loan underwriting, portfolio monitoring, and financial 
management;
    (4) The applicant's expertise in education to evaluate the 
likelihood of success of a charter school;
    (5) The ability of the applicant to prevent conflicts of interest, 
including conflicts of interest by employees and members of the board 
of directors in a decision-making role;
    (6) If the applicant has co-applicants (consortium members), 
partners, or other grant project participants, the specific resources 
to be contributed by each co-applicant (consortium member), partner, or 
other grant project participant to the implementation and success of 
the grant project;
    (7) For State governmental entities, the extent to which steps have 
been or will be taken to ensure that charter schools within the State 
receive the funding needed to obtain adequate facilities; and
    (8) For previous grantees under the charter school facilities 
programs, their performance in implementing these grants.
(d) Quality of Project Personnel (15 points)
    In determining the quality of project personnel, the Secretary 
considers--
    (1) The qualifications of project personnel, including relevant 
training and experience, of the project manager and other members of 
the project team, including consultants or subcontractors; and
    (2) The staffing plan for the grant 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 
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 
program 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

[[Page 15214]]

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 $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) If you receive a grant under this competition, you must submit 
an annual report that complies with the reporting requirements for 
Credit Enhancement grantees in section 4304(h)(2) of the ESEA and the 
performance and financial expenditure reporting requirements in 34 CFR 
75.720. At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. 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.

4. Performance Measures

    (a) Program Performance Measures The performance measures for this 
program are: (1) The amount of funding grantees leverage for charter 
schools to acquire, construct, and renovate school facilities and (2) 
the number of charter schools served. Grantees must provide this 
information as part of their annual performance reports.
    (b) Project-Specific Performance Measures Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the project and program. Applicants 
must provide the following information as directed under 34 CFR 
75.110(b):
    (1) Project Performance Measures. How each proposed project-
specific performance measure would accurately measure the performance 
of the project and how the proposed project-specific performance 
measure would be consistent with the performance measures established 
for the program funding the competition.
    (2) Project Performance Targets. Why each proposed performance 
target is ambitious yet achievable compared to the baseline for the 
performance measure and when, during the project period, the applicant 
would meet the performance target(s).

    Note: The Secretary encourages applicants to consider measures 
and targets tied to their grant activities (for instance, if an 
applicant is using eligibility for free and reduced-price lunch to 
measure the number of low-income families served by the project, the 
applicant could provide a percentage for students qualifying for 
free and reduced-price lunch), during the grant period. The measures 
should be sufficient to gauge the progress throughout the grant 
period, and show results by the end of the grant period.

    (3) Data Collection and Reporting. (i) The data collection and 
reporting methods the applicant would use and why those methods are 
likely to yield reliable, valid, and meaningful performance data; and
    (ii) The applicant's capacity to collect and report reliable, 
valid, and meaningful performance data, as evidenced by high-quality 
data collection, analysis, and reporting in other projects or research.
    Note: If applicants do not have experience with collection and 
reporting of performance data through other projects or research, they 
should provide other evidence of their capacity to successfully carry 
out data collection and reporting for their proposed project.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT:  Clifton Jones, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W244, Washington, DC 20202-
5970. Telephone: (202) 205-2204 or by email: [email protected].
    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-
8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or 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: March 22, 2017.
Margo Anderson,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2017-06016 Filed 3-24-17; 8:45 am]
 BILLING CODE 4000-01-P