[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15196-15207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06017]


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DEPARTMENT OF EDUCATION


Application for New Awards; Expanding Opportunity Through Quality 
Charter Schools Program (CSP)--Grants to State Entities

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

ACTION: Notice.

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SUMMARY: CSP--Grants to State Entities; Notice inviting applications 
for new awards for fiscal year (FY) 2017.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.282A.


DATES: Application Available: March 27, 2017.
    Date of Pre-Application Webinar: March 30, 2017, 2:00 p.m. to 4:00 
p.m., Washington, DC, time.
    Deadline for Transmittal of Applications: May 11, 2017.
    Deadline for Intergovernmental Review: July 10, 2017.

FOR FURTHER INFORMATION CONTACT: Kathryn Meeley, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202-
5970. Telephone: (202) 453-6818 or by email: [email protected].
    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: Through the CSP Grants to State Entities (CSP 
State Entities) competition (CFDA number 84.282A), the Department 
awards grants to ``State entities'' (as defined in this notice) to 
enable them to award subgrants to ``eligible applicants'' (as defined 
in this notice) to enable such eligible applicants to open and prepare 
for the operation of new ``charter schools'' (as defined in this 
notice) and to ``replicate'' (as defined in this notice) and ``expand'' 
(as defined in this notice) ``high-quality charter schools'' (as 
defined in this notice). Grant funds may also be used to provide 
technical assistance to eligible applicants and ``authorized public 
chartering agencies'' (as defined in this notice) in opening and 
preparing for the operation of new charter schools, or replicating or 
expanding high-quality charter schools; and to work with authorized 
public chartering agencies to improve authorizing quality, including 
developing capacity for, and conducting, fiscal oversight and auditing 
of charter schools.
    Background: The CSP State Entities program provides financial 
assistance to State entities to support charter schools that serve 
elementary and secondary school students in a given ``State'' (as 
defined in this notice). Charter schools receiving funds under the CSP 
State Entities program also may serve students in ``early childhood 
education programs'' (as defined in this notice) or postsecondary 
students.
    The CSP State Entities program is newly authorized under the 
Elementary and Secondary Education Act of 1965 (ESEA), as amended by 
the Every Student Succeeds Act (ESSA) (20 U.S.C. 7221-7221j).\1\ This 
notice contains information regarding eligibility, priorities, 
definitions, application requirements, and selection criteria under the 
new law.
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    \1\ Prior to enactment of the ESSA, the ESEA, as amended by the 
No Child Left Behind Act of 2001 (NCLB), authorized the Secretary to 
make awards to State educational agencies to enable them to conduct 
charter school subgrant programs in their States. Unless otherwise 
indicated, all references to the ESEA in this notice are to the 
ESEA, as amended by the ESSA.
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    All charter schools receiving CSP funds must meet the definition of 
``charter school'' in section 4310(2) of the ESEA, including by 
complying with various non-discrimination laws, such as 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, section 444 of the General Education Provisions Act (GEPA), and 
part B of the Individuals with Disabilities Education Act (IDEA).
    Priorities: This notice includes eight competitive preference 
priorities. Competitive preference priorities 1 and 2 are from the 
notice of final priorities, requirements, definitions, and selection 
criteria for this program, published in the Federal Register on June 
15, 2015 (80 FR 34201) (NFP). Competitive preference priorities 3 
through 8 are from section 4303(g)(2) of the ESEA.
    Competitive Preference Priorities: For FY 2017 and any subsequent 
year in which we make awards based on the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award:
     An additional five points to an application that meets 
one, and an

[[Page 15197]]

additional 10 points to an application that meets both, of competitive 
preference priorities 1 and 2;
     An additional two points to an application that meets 
competitive preference priority 3;
     Up to an additional eight points, depending on how well 
the application addresses one or more of competitive preference 
priorities 4, 5, 6, and 7; and
     Up to an additional five points, depending on how well the 
application addresses competitive preference priority 8.
    An application may receive up to a total of 25 points under the 
competitive preference priorities.
    Competitive Preference Priority 1--Periodic Review and Evaluation 
(0 or 5 points): To meet this priority, an applicant must demonstrate 
that the State provides for periodic review and evaluation by the 
authorized public chartering agency of each charter school at least 
once every five years, unless required more frequently by State law, 
and takes steps to ensure that such reviews take place. The review and 
evaluation must serve to determine whether the charter school is 
meeting the terms of the school's charter and meeting or exceeding the 
student academic achievement requirements and goals for charter schools 
as set forth in the school's charter or under State law, a State 
regulation, or a State policy, provided that the student academic 
achievement requirements and goals for charter schools established by 
that policy meet or exceed those set forth under applicable State law 
or State regulation. This periodic review and evaluation must include 
an opportunity for the authorized public chartering agency to take 
appropriate action or impose meaningful consequences on the charter 
school, if necessary.
    Competitive Preference Priority 2--Charter School Oversight (0 or 5 
points): To meet this priority, an application must demonstrate that 
State law, regulations, or other policies in the State where the 
applicant is located require the following:
    (a) That each charter school in the State--
    (1) Operates under a legally binding charter or performance 
contract between itself and the school's authorized public chartering 
agency that describes the rights and responsibilities of the school and 
the authorized public chartering agency;
    (2) Conducts annual, timely, and independent audits of the school's 
financial statements that are filed with the school's authorized public 
chartering agency; and
    (3) Demonstrates improved student academic achievement; and
    (b) That all authorized public chartering agencies in the State use 
increases in student academic achievement for all groups of students 
described in section 1111(c)(2) of the ESEA (20 U.S.C. 6311(c)(2)) as 
one of the most important factors when determining whether to renew or 
revoke a school's charter.
    Competitive Preference Priority 3--One Authorized Public Chartering 
Agency Other than a Local Educational Agency, or an Appeals Process (0 
or 2 points).
    To meet this priority, an applicant must demonstrate that it is 
located in a State that--
    (a) Allows at least one entity that is not a local educational 
agency to be an authorized public chartering agency for ``developers'' 
(as defined in this notice) seeking to open a charter school in the 
State; or
    (b) In the case of a State in which local educational agencies are 
the only authorized public chartering agencies, the State has an 
appeals process for the denial of an application for a charter school.
    Competitive Preference Priority 4--Equitable Financing (up to 2 
points).
    To receive points under this priority, an applicant must 
demonstrate the extent to which the State in which it is located 
ensures equitable financing, as compared to traditional public schools, 
for charter schools and students in a prompt manner.
    Competitive Preference Priority 5--Charter School Facilities (up to 
2 points).
    To receive points under this priority, an applicant must 
demonstrate the extent to which the State in which it is located 
provides charter schools one or more of the following:
    (a) Funding for facilities;
    (b) Assistance with facilities acquisition;
    (c) Access to public facilities;
    (d) The ability to share in bonds or mill levies;
    (e) The right of first refusal to purchase public school buildings; 
or
    (f) Low- or no-cost leasing privileges.
    Competitive Preference Priority 6--Best Practices to Improve 
Struggling Schools and Local Educational Agencies (up to 2 points).
    To receive points under this priority, an applicant must 
demonstrate the extent to which the State in which it is located uses 
best practices from charter schools to help improve struggling schools 
and local educational agencies.
    Competitive Preference Priority 7--Serving At-Risk Students (up to 
2 points).
    To receive points under this priority, an applicant must 
demonstrate the extent to which it supports charter schools that serve 
at-risk students through activities such as dropout prevention, dropout 
recovery, or comprehensive career counseling services.
    Competitive Preference Priority 8--Best Practices for Charter 
School Authorizing (up to 5 points).
    To receive points under this priority, an applicant must 
demonstrate the extent to which it has taken steps to ensure that all 
authorized public chartering agencies implement best practices for 
charter school authorizing.

Application Requirements

    These application requirements are from section 4303(f) of the ESEA 
(20 U.S.C. 7221b(f)). The Department will reject an application that 
does not meet the application requirements.
    Applications for funding under the CSP State Entities program must 
contain the following:
    (I) Description of Program--A description of the State entity's 
objectives in running a quality charter school program and how the 
objectives of the program will be carried out, including--
    (A) A description of how the State entity will--
    (1) Support the opening of charter schools through the startup of 
new charter schools and, if applicable, the replication of high-quality 
charter schools, and the expansion of high-quality charter schools 
(including the proposed number of new charter schools to be opened, 
high-quality charter schools to be opened as a result of the 
replication of a high-quality charter school, or high-quality charter 
schools to be expanded under the State entity's program);
    (2) Inform eligible charter schools, developers, and authorized 
public chartering agencies of the availability of funds under the 
program;
    (3) Work with eligible applicants to ensure that the eligible 
applicants access all Federal funds that such applicants are eligible 
to receive, and help the charter schools supported by the applicants 
and the students attending those charter schools--
    (a) Participate in the Federal programs in which the schools and 
students are eligible to participate;
    (b) Receive the commensurate share of Federal funds the schools and 
students are eligible to receive under such programs; and
    (c) Meet the needs of students served under such programs, 
including

[[Page 15198]]

``students with disabilities'' \2\ and ``English learners'' (as defined 
in this notice);
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    \2\ For purposes of this notice, ``students with disabilities,'' 
or ``student with a disability,'' has the same meaning as ``children 
with disabilities,'' or ``child with a disability'' (as defined in 
this notice).
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    (4) Ensure that authorized public chartering agencies, in 
collaboration with surrounding local educational agencies where 
applicable, establish clear plans and procedures to assist students 
enrolled in a charter school that closes or loses its charter to attend 
other high-quality public schools;
    (5) In the case of a State entity that is not a ``State educational 
agency'' (as defined in this notice)--
    (a) Work with the State educational agency and charter schools in 
the State to maximize charter school participation in Federal and State 
programs for which charter schools are eligible; and
    (b) Work with the State educational agency to operate the State 
entity's program under this competition, if applicable;
    (6) Ensure that each eligible applicant that receives a subgrant 
under the State entity's program--
    (a) Is using funds provided under this competition for one of the 
activities described in section 4303(b)(1) of the ESEA; and
    (b) Is prepared to continue to operate charter schools funded under 
this competition in a manner consistent with the eligible applicant's 
application for such subgrant once the subgrant funds under this 
program are no longer available;
    (7) Support--
    (a) Charter schools in local educational agencies with a 
significant number of schools identified by the State for comprehensive 
support and improvement under section 1111(c)(4)(D)(i) of the ESEA; and
    (b) The use of charter schools to improve struggling schools, or to 
turn around struggling schools;
    (8) Work with charter schools on--
    (a) Recruitment and enrollment practices to promote inclusion of 
all students, including by eliminating any barriers to enrollment for 
educationally disadvantaged students (who include foster youth and 
unaccompanied homeless youth); and
    (b) Supporting all students once they are enrolled to promote 
retention, including by reducing the overuse of discipline practices 
that remove students from the classroom;
    (9) Share best and promising practices between charter schools and 
other public schools;
    (10) Ensure that charter schools receiving funds under the State 
entity's program meet the educational needs of their students, 
including ``children with disabilities'' (as defined in this notice) 
and English learners;
    (11) Support efforts to increase charter school quality 
initiatives, including meeting the quality authorizing elements 
described in section 4303(f)(2)(E) of the ESEA;
    (12) (a) In the case of a State entity that is not a ``charter 
school support organization'' (as defined in this notice), a 
description of how the State entity will provide oversight of 
authorizing activity, including how the State will help ensure better 
authorizing, such as by establishing authorizing standards that may 
include approving, monitoring, and re-approving or revoking the 
authority of an authorized public chartering agency based on the 
performance of the charter schools authorized by such agency in the 
areas of student achievement, student safety, financial and operational 
management, and compliance with all applicable statutes and 
regulations; and
    (b) In the case of a State entity that is a charter school support 
organization, a description of how the State entity will work with the 
State to support the State's system of technical assistance and 
oversight, as described in application requirement (I)(A)(12)(a) above, 
of the authorizing activity of authorized public chartering agencies; 
and
    (13) Work with eligible applicants receiving a subgrant under the 
State entity's program to support the opening of new charter schools or 
charter school models described in application requirement (I)(A)(1) 
that are high schools;
    (B) A description of the extent to which the State entity--
    (1) Is able to meet and carry out competitive preference priorities 
3 through 8; \3\
    (2) Is working to develop or strengthen a cohesive statewide system 
to support the opening of new charter schools and, if applicable, the 
replication of high-quality charter schools, and the expansion of high-
quality charter schools; and
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    \3\ In accordance with 34 CFR 105(c)(2)(i), applications are not 
required to address competitive preference priorities but may 
receive additional points if they do so. Therefore, to meet this 
application requirement, the State entity must describe the extent 
to which it is able to meet and carry out competitive preference 
priorities 3 through 8. If the State entity is unable to meet and 
carry out one or more of these competitive preference priorities, 
the description for that priority should state that the State entity 
is unable to meet or carry out the priority.
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    (3) Is working to develop or strengthen a cohesive strategy to 
encourage collaboration between charter schools and local educational 
agencies on the sharing of best practices;
    (C) A description of how the State entity will award subgrants, on 
a competitive basis, including--
    (1) A description of the application each eligible applicant 
desiring to receive a subgrant will be required to submit and how the 
State entity will ensure that such application complies with section 
4303(f)(1)(C)(i) of the ESEA; and
    (2) A description of how the State entity will review applications 
from eligible applicants;
    (D) In the case of a State entity that partners with an outside 
organization to carry out the State entity's quality charter school 
program in whole or in part, a description of the roles and 
responsibilities of the partner;
    (E) A description of how the State entity will ensure that each 
charter school receiving funds under the State entity's program has 
considered and planned for the transportation needs of the school's 
students;
    (F) A description of how the State in which the State entity is 
located addresses charter schools in the State's open meetings and open 
records laws; and
    (G) A description of how the State entity will support diverse 
charter school models, including models that serve rural communities.
    (II) Assurances that--
    (A) Each charter school receiving funds through the State entity's 
program will have a high degree of autonomy over budget and operations, 
including autonomy over personnel decisions;
    (B) The State entity will support charter schools in meeting the 
educational needs of their students, including children with 
disabilities and English learners;
    (C) The State entity will ensure that the authorized public 
chartering agency of any charter school that receives funds under the 
State entity's program adequately monitors each charter school under 
the authority of such agency in recruiting, enrolling, retaining, and 
meeting the needs of all students, including children with disabilities 
and English learners;
    (D) The State entity will provide adequate technical assistance to 
eligible applicants to meet the objectives described in application 
requirement (I)(A)(8) above;
    (E) The State entity will promote quality authorizing, consistent 
with State law, such as through providing technical assistance to 
support each authorized public chartering agency in the State to 
improve such agency's

[[Page 15199]]

ability to monitor the charter schools authorized by the agency, 
including by--
    (1) Assessing annual performance data of the schools, including, as 
appropriate, graduation rates, student academic growth, and rates of 
student attrition;
    (2) Reviewing the schools' independent, annual audits of financial 
statements prepared in accordance with generally accepted accounting 
principles and ensuring that any such audits are publically reported; 
and
    (3) Holding charter schools accountable to the academic, financial, 
and operational quality controls agreed to between the charter school 
and the authorized public chartering agency involved, such as through 
renewal, non-renewal, or revocation of the school's charter;
    (F) The State entity will work to ensure that charter schools are 
included with the traditional public schools in decisionmaking about 
the public school system in the State; and
    (G) The State entity will ensure that each charter school receiving 
funds under the State entity's program makes publicly available, 
consistent with the dissemination requirements of the annual State 
report card under section 1111(h) of the ESEA, including on the Web 
site of the school, information to help ``parents'' (as defined in this 
notice) make informed decisions about the education options available 
to their children, including--
    (1) Information on the educational program;
    (2) Student support services;
    (3) Parent contract requirements (as applicable), including any 
financial obligations or fees;
    (4) Enrollment criteria (as applicable); and
    (5) Annual performance and enrollment data for each of the 
subgroups of students, as defined in section 1111(c)(2) of the ESEA, 
except that such disaggregation of performance and enrollment data 
shall not be required in a case in which the number of students in a 
group is insufficient to yield statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student.
    (III) Requests for information about waivers, including--
    (A) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the State entity believes are 
necessary for the successful operation of the charter schools that will 
receive funds under the State entity's program under section 4303 of 
the ESEA or, in the case of a State entity that is a charter school 
support organization, a description of how the State entity will work 
with the State to request such necessary waivers, where applicable; and
    (B) A description of any State or local rules, generally applicable 
to public schools, that will be waived or otherwise not apply to such 
schools.

Definitions

    The following definitions are from sections 4303(a), 4310, and 8101 
of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801), and 34 CFR 77.1.
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant, or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a ``performance target'' (as defined in this notice), whether a 
performance target is ambitious depends upon the context of the 
relevant ``performance measure'' (as defined in this notice) and the 
``baseline'' (as defined in this notice) for that measure. (34 CFR 
77.1)
    Authorized public chartering agency means a State educational 
agency, local educational agency, or other public entity that has the 
authority pursuant to State law and approved by the Secretary to 
authorize or approve a charter school. (ESEA section 4310(1))
    Baseline means the starting point from which performance is 
measured and targets are set. (34 CFR 77.1)
    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 of this definition;
    (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 GEPA 
(20 U.S.C. 1232g) (commonly referred to as the ``Family Educational 
Rights and Privacy Act of 1974'') and part B of the IDEA;
    (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) of the ESEA, 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 paragraph (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 educational programs or 
postsecondary students. (ESEA section 4310(2))
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight. (ESEA section 4310(3))
    Charter school support organization means a nonprofit, non-
governmental entity that is not an authorized public chartering agency 
and provides, on a statewide basis--

[[Page 15200]]

    (a) Assistance to developers during the planning, program design, 
and initial implementation of a charter school; and
    (b) Technical assistance to operating charter schools. (ESEA 
section 4310(4))
    Child with a disability means--
    (a) A child (i) with mental retardation, hearing impairments 
(including deafness), speech or language impairments, visual 
impairments (including blindness), serious emotional disturbance 
(referred to in this title as `emotional disturbance'), orthopedic 
impairments, autism, traumatic brain injury, other health impairments, 
or specific learning disabilities; and (ii) who, by reason thereof, 
needs special education and related services.
    (b) For a child aged 3 through 9 (or any subset of that age range, 
including ages 3 through 5), may, at the discretion of the State and 
the local educational agency, include a child (i) experiencing 
developmental delays, as defined by the State and as measured by 
appropriate diagnostic instruments and procedures, in one or more of 
the following areas: Physical development; cognitive development; 
communication development; social or emotional development; or adaptive 
development; and (ii) who, by reason thereof, needs special education 
and related services. (ESEA section 8101(4))
    Developer means an individual or group of individuals (including a 
public or private nonprofit organization), which may include teachers, 
administrators and other school staff, parents, or other members of the 
local community in which a charter school project will be carried out. 
(ESEA section 4310(5))
    Early childhood education program means (A) a Head Start program or 
an Early Head Start program carried out under the Head Start Act (42 
U.S.C. 9831 et seq.), including a migrant or seasonal Head Start 
program, an Indian Head Start program, or a Head Start program or an 
Early Head Start program that also receives State funding; (B) a State 
licensed or regulated child care program; or (C) a program that (i) 
serves children from birth through age six that addresses the 
children's cognitive (including language, early literacy, and early 
mathematics), social, emotional, and physical development; and (ii) is 
(I) a State prekindergarten program; (II) a program authorized under 
section 619 or part C of the Individuals with Disabilities Education 
Act; or (III) a program operated by a local educational agency. (ESEA 
section 8101(16))
    Eligible applicant, when used with respect to subgrants made by a 
State entity, means a developer that has--
    (a) Applied to an authorized public chartering authority to operate 
a charter school; and
    (b) Provided adequate and timely notice to that authority. (ESEA 
section 4310(6))
    English learner, when used with respect to an individual, means an 
individual--
    (a) Who is aged 3 through 21;
    (b) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (c)(1) Who was not born in the United States or whose native 
language is a language other than English;
    (2)(i) Who is a Native American or Alaska Native, or a native 
resident of the outlying areas; and
    (ii) Who comes from an environment where a language other than 
English has had a significant impact on the individual's level of 
English language proficiency; or
    (3) Who is migratory, whose native language is a language other 
than English, and who comes from an environment where a language other 
than English is dominant; and
    (d) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (1) The ability to meet the challenging State academic standards;
    (2) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (3) The opportunity to participate fully in society. (ESEA section 
8101(20))
    Expand, when used with respect to a high-quality charter school, 
means to significantly increase enrollment or add one or more grades to 
the high-quality charter school. (ESEA section 4310(7))
    High-quality charter school means a charter school that--
    (a) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (b) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (c) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (d) Has demonstrated success in increasing student academic 
achievement, including graduation rates where applicable, for each of 
the subgroups of students, as defined in section 1111(c)(2) of the 
ESEA, except that such demonstration is not required in a case in which 
the number of students in a group is insufficient to yield 
statistically reliable information or the results would reveal 
personally identifiable information about an individual students. (ESEA 
section 4310(8))
    Logic model (also referred to as a theory of action) means a well-
specified conceptual framework that identifies key components of the 
proposed process, product, strategy, or practice (i.e., the active 
``ingredients'' that are hypothesized to be critical to achieving the 
relevant outcomes) and describes the relationships among the key 
components and outcomes, theoretically and operationally. (34 CFR 77.1)
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare). 
(ESEA section 8101(38))
    Performance Measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance. (34 CFR 77.1)
    Performance Target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project. (34 CFR 77.1)
    Replicate, when used with respect to a high-quality charter school, 
means to open a new charter school, or a new campus of a high-quality 
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional 
charter, if permitted or required by State law. (ESEA section 4310(9))
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas. (ESEA 
section 8101(48))
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools. (ESEA section 8101(45))
    State entity means--
    (a) A State educational agency;
    (b) A State charter school board;
    (c) A Governor of a State; or
    (d) A charter school support organization. (ESEA section 4303(a))
    Program Authority: Title IV, Part C of the ESEA (20 U.S.C. 7221-
7221j).
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 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

[[Page 15201]]

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 in 2 CFR part 3474. 
(d) The NFP.

II. Award Information

    Type of Award: Discretionary grant.
    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, of which we would use an 
estimated $157,000,000 for this competition. The actual level of 
funding, if any, depends on final congressional action. However, we are 
inviting applications to allow enough time to complete the grant 
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 FY 2018 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $2,000,000 to $23,000,000 per year.
    Estimated Average Size of Awards: $10,000,000 per year.
    Maximum Award: See Reasonable and Necessary Costs in section 
III.4.(a) of this notice for information regarding the maximum amount 
of funds that State entities may award for each charter school 
receiving subgrant funds.
    Estimated Number of Awards: 3-8.

    Note: The Department is not bound by any estimates in this 
notice. The estimated range and average size of awards are based on 
a single 12-month budget period. We may use FY 2017 funds to support 
multiple 12-month budget periods for one or more grantees.

    Project Period: Up to five years.

    Note: State entities may award subgrants to eligible applicants 
for a period of up to five years, no more than 18 months of which 
may be used for planning and program design.

III. Eligibility Information

    1. Eligible Applicants: State entities in States with a State 
statute specifically authorizing the establishment of charter schools.
    Under section 4303(e)(1) of the ESEA, no State entity may receive a 
grant under this program for use in a State in which a State entity is 
currently using a grant received under this program. Accordingly, if 
multiple State entities in a State submit applications that receive 
high enough scores to be recommended for funding under this 
competition, only the highest-scoring application amongst such State 
entities would be funded.

    Note: A charter school developer in a State in which no State 
entity has an application for a grant approved under section 4303 of 
the ESEA may apply for funding directly from the Department under 
the CSP Grants to Developers competitions. Additional information 
about the CSP Grants to Developers competitions is available at 
http://innovation.ed.gov/what-we-do/charter-schools.

    2. Audits: (a) All grantees must provide to the Department their 
most recent independent audits of the grantee's financial statements 
prepared in accordance with generally accepted accounting principles, 
and all grantees must continue to provide independent, annual audits of 
their financial statements prepared in accordance with generally 
accepted accounting principles each year of the grant.
    (b) All grantees must ensure that charter schools receiving 
subgrants conduct independent, annual audits of their financial 
statements prepared in accordance with generally accepted accounting 
principles, and ensure that any such audits are publicly reported.
    3. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    4. Other: (a) Reasonable and Necessary Costs: The Secretary may 
elect to impose maximum limits on the amount of subgrant funds that a 
State entity may award to an eligible applicant per new charter school 
created or replicated, per charter school expanded, or per new school 
seat created.
    For this competition, the maximum amount of grant funds a State 
entity may award to a subgrantee per new charter school, replicated 
high-quality charter school, or expanding high-quality charter school 
is $900,000.

    Note: Applicants must ensure that all costs included in the 
proposed budget are reasonable and necessary in light of the goals 
and objectives of the proposed project. Any costs determined by the 
Secretary to be unreasonable or unnecessary will be removed from the 
final approved budget.

IV. Application and Submission Information

    1. Address to Request Application Package: Kathryn Meeley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W257, 
Washington, DC 20202-5970. Telephone: (202) 453-6818 or by email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
    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.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the priorities, selection 
criteria, and application requirements that reviewers use to evaluate 
your application. We recommend that you limit the application narrative 
to no more than 60 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; or the one-page abstract, the 
resumes, the bibliography, or the letters of support. However, the page 
limit does apply to all of the application narrative.
    b. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the State Entities 
grant competition, 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 feel is exempt from disclosure 
under Exemption 4. In the appropriate

[[Page 15202]]

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: March 27, 2017.
    Date of Pre-Application Webinar: The Department will hold a pre-
application meeting via Webinar for prospective applicants on March 30, 
2017 from 2:00 p.m.-4:00 p.m., Washington, DC, time. Individuals 
interested in attending this meeting are encouraged to pre-register by 
emailing their name, organization, and contact information with the 
subject heading ``STATE ENTITIES PRE-APPLICATION MEETING'' to 
[email protected]. There is no registration fee for attending this 
meeting.
    For further information about the pre-application meeting, contact 
Kathryn Meeley, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 4W257, Washington, DC 20202-5970. Telephone: (202) 453-6818 or by 
email: [email protected].
    Deadline for Transmittal of Applications: May 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: 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 competition.
    5. Funding Restrictions: In accordance with section 4303(c) of the 
ESEA, a State entity receiving a grant under this program shall use not 
less than 90 percent of the grant funds to award subgrants to eligible 
applicants, in accordance with the charter school program described in 
the State entity's application pursuant to section 4303(f) of the ESEA, 
for activities related to opening and preparing for the operation of 
new charter schools or to replicate or expand high-quality charter 
schools; reserve not less than seven percent of such funds to provide 
technical assistance to eligible applicants and authorized public 
chartering agencies in opening and preparing for the operation of new 
charter schools or to replicate or expand high-quality charter schools 
and in improving authorizing quality, including developing capacity 
for, and conducting, fiscal oversight and auditing of charter schools; 
and reserve not more than three percent of such funds for 
administrative costs, which may include technical assistance. A State 
entity may use a grant received under this program to carry out the 
activities authorized under this program directly or through grants, 
contracts, or cooperative agreements.
    Limitation on Grants and Subgrants: A grant awarded by the 
Secretary to a State entity under this competition shall be for a 
period of not more than five years.
    A subgrant awarded by a State entity under this program shall be 
for a period of not more than five years, of which an eligible 
applicant may use not more than 18 months for planning and program 
design. An eligible applicant may not receive more than one subgrant 
under this program for each individual charter school for a five-year 
period, unless the eligible applicant demonstrates to the State entity 
that such individual charter school has at least three years of 
improved educational results for students enrolled in such charter 
school, with respect to the elements described in section 4310(8)(A) 
and (D) of the ESEA.\4\
---------------------------------------------------------------------------

    \4\ Section 4303(e)(2) of the ESEA clarifies when an applicant 
may be eligible to apply to a State entity for a second subgrant for 
an individual charter school. The applicant still would have to meet 
all program requirements, including the requirements for replicating 
or expanding a high-quality charter school.
---------------------------------------------------------------------------

    Other CSP Grants: A charter school that previously received CSP 
funds for planning or initial implementation under section 5202(c)(2) 
of the ESEA, as amended by the NCLB (CFDA number 84.282B), or for the 
replication or expansion of a high-quality charter school under one of 
the Department's Appropriations Acts \5\ (CFDA number 84.282M), is not 
eligible to receive funds from a State entity under this program for 
the same or a substantially similar purpose. However, a charter school 
may be eligible to receive funds to expand if the school is a high-
quality charter school.
---------------------------------------------------------------------------

    \5\ Beginning with the Consolidated Appropriations Act, 2010, 
Public Law 111-117, each of the Department's Appropriations Acts 
through the FY 2016 Appropriations Act authorized the Secretary to 
award grants for the replication and expansion of charter schools.
---------------------------------------------------------------------------

    Likewise, a charter school that receives funds from a State entity 
is ineligible to receive funds for the same or a substantially similar 
purpose under section 4305(a)(2) and (b) of the ESEA.
    Uses of Subgrant Funds: State entities awarded grants under this 
competition shall award subgrants to eligible applicants to enable such 
eligible applicants to--
    (a) Open and prepare for the operation of new charter schools;
    (b) Open and prepare for the operation of replicated high-quality 
charter schools; or
    (c) Expand high-quality charter schools.
    An eligible applicant receiving a subgrant under this program shall 
use such funds to support activities related to opening and preparing 
for the operation of new charter schools or replicating or expanding 
high-quality charter schools, which shall include one or more of the 
following:
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying costs 
associated with--
    (i) Providing professional development; and
    (ii) Hiring and compensating, during the eligible applicant's 
planning period specified in the application for funds, one or more of 
the following:
    (A) Teachers.
    (B) School leaders.
    (C) Specialized instructional support personnel.
    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including developing and acquiring 
instructional materials).
    (c) Carrying out necessary renovations to ensure that a new school 
building complies with applicable statutes and regulations, and minor 
facilities repairs (excluding construction).
    (d) Providing one-time, startup costs associated with providing 
transportation to students to and from the charter school.

[[Page 15203]]

    (e) Carrying out community engagement activities, which may include 
paying the cost of student and staff recruitment.
    (f) Providing for other appropriate, non-sustained costs related to 
opening, replicating, or expanding high-quality charter schools when 
such costs cannot be met from other sources.
    Diversity of Projects: Each State entity awarding subgrants under 
this competition shall award subgrants in a manner that, to the extent 
practicable and applicable, ensures that such subgrants--
    (a) Are distributed throughout different areas, including urban, 
suburban, and rural areas; and
    (b) Will assist charter schools representing a variety of 
educational approaches.
    Award Basis: In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the applicant's performance and use of funds under a previous 
or existing award under any Department program (34 CFR 75.217(d)(3)(ii) 
and 233(b)). In assessing the applicant's performance and use of funds 
under a previous or existing award, the Secretary will consider, among 
other things, the outcomes the applicant has achieved and the results 
of any Departmental grant monitoring, including the applicant's 
progress in remedying any deficiencies identified in such monitoring.
    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 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: 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 competition 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 CSP Grants to Support High-Quality Charter Schools for State 
Entities, CFDA number 84.282A, 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 CSP Grants to 
Support High-Quality Charter Schools for State Entities 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 84.282, not 
84.282A).
    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

[[Page 15204]]

submitting an application through Grants.gov that are included in the 
application package for this competition 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, 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: Kathryn Meeley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W257, 
Washington, DC 20202-5970. FAX: (202) 453-6818.
    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,

[[Page 15205]]

Application Control Center, Attention: CFDA Number 84.282A, 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.
    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 84.282A, 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 Secretary awards grants to State 
entities on the basis of the quality of the applications submitted 
under section 4303(f) of the ESEA, after taking into consideration the 
following selection criteria. These selection criteria are from section 
4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and the NFP. The maximum 
possible total score an application can receive for addressing the 
criteria is 100 points. The maximum possible score for each criterion 
is indicated in parentheses following the criterion.
    (a) Flexibility (up to 10 points): The degree of flexibility 
afforded by the State's charter school law and how the State entity 
will work to maximize the flexibility provided to charter schools under 
such law.
    (b) Objectives (up to 15 points): The ambitiousness of the State 
entity's objectives for the quality charter school program carried out 
under this program.
    (c) Quality of Eligible Subgrant Applicants (up to 15 points): The 
likelihood that the eligible applicants receiving subgrants under the 
program will meet those objectives and improve educational results for 
students.
    (d) State Plan (up to 20 points): The State entity's plan to--
    (1) Adequately monitor the eligible applicants receiving subgrants 
under the State entity's program;
    (2) Work with the authorized public chartering agencies involved to 
avoid duplication of work for the charter schools and authorized public 
chartering agencies; and
    (3) Provide technical assistance and support for--
    (i) The eligible applicants receiving subgrants under the State 
entity's program; and
    (ii) Quality authorizing efforts in the State.
    (e) Parent and Community Involvement (up to 10 points): The State 
entity's plan to solicit and consider input from parents and other 
members of the community on the implementation and operation of charter 
schools in the State.
    (f) Quality of the Project Design (up to 15 points): The Secretary 
considers the quality of the design of the State entity's charter 
school subgrant program, including the extent to which the project 
design furthers the State entity's overall strategy for increasing the 
number of high-quality charter schools in the State and improving 
student academic achievement. In determining the quality of the project 
design, the Secretary considers the quality of the State entity's 
process for awarding subgrants for planning, program design, and 
initial implementation including--
    (1) The subgrant application and peer review process, timelines for 
these processes, and how the State entity intends to ensure that 
subgrants will be awarded to eligible applicants demonstrating the 
capacity to create high-quality charter schools; and
    (2) A reasonable year-by-year estimate, with supporting evidence, 
of (i) the number of subgrants the State entity expects to award during 
the project period and the average size of those subgrants, including 
an explanation of any assumptions upon which the estimates are based; 
and (ii) if the State entity has previously received a CSP grant, the 
percentage of eligible applicants that were awarded subgrants and how 
this percentage related to the overall quality of the applicant pool.
    (g) Quality of the Management Plan and Theory of Action (up to 15 
points): The Secretary considers the quality of the management plan and 
the project's theory of action. In determining the quality of the 
management plan and the project's theory of action, the Secretary 
considers the following factors:
    (1) The quality, including the cohesiveness and strength of 
reasoning, of the ``logic model'' (as defined in this notice), and the 
extent to which it addresses the role of the grant in promoting the 
State-level strategy for using charter schools to improve educational 
outcomes for students through CSP subgrants for planning, program 
design, and initial implementation and other strategies;
    (2) The extent to which the State entity's project-specific 
performance measures, including any measures required by the 
Department, support the logic model; and
    (3) The adequacy of the management plan to--
    (i) Achieve the objectives of the proposed project on time and 
within budget, including the existence of clearly defined 
responsibilities, timelines, and milestones for accomplishing project 
tasks; and
    (ii) Address any compliance issues or findings related to the CSP 
that are identified in an audit or other monitoring review.
    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

[[Page 15206]]

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 competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific 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 $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) In accordance with section 4303(i) of the ESEA, each State 
entity receiving a grant under this section shall submit to the 
Secretary, at the end of the third year of the five-year grant period 
(or at the end of the second year if the grant period is less than five 
years), and at the end of such grant period, a report that includes the 
following:
    (1) The number of students served by each subgrant awarded under 
this section and, if applicable, the number of new students served 
during each year of the period of the subgrant.
    (2) A description of how the State entity met the objectives of the 
quality charter school program described in the State entity's 
application, including--
    (A) How the State entity met the objective of sharing best and 
promising practices as outlined in section 4303(f)(1)(A)(ix) of the 
ESEA in areas such as instruction, professional development, curricula 
development, and operations between charter schools and other public 
schools; and
    (B) If known, the extent to which such practices were adopted and 
implemented by such other public schools.
    (3) The number and amount of subgrants awarded under this program 
to carry out activities described in section 4303(b)(1)(A) through (C) 
of the ESEA.
    (4) A description of--
    (A) How the State entity complied with, and ensured that eligible 
applicants complied with, the assurances included in the State entity's 
application; and
    (B) How the State entity worked with authorized public chartering 
agencies, and how the agencies worked with the management company or 
leadership of the schools that received subgrant funds under this 
program, if applicable.
    (d) Under 34 CFR 75.250(b), 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:
    (a) Program Performance Measures (GPRA Measures). The primary goal 
of the CSP is to support the creation and development of a large number 
of high-quality charter schools that are free from State or local rules 
that inhibit flexible operation, are held accountable for enabling 
students to reach challenging State performance standards, and are open 
to all students. The Secretary has established two performance 
indicators to measure progress towards this goal: (1) The number of 
charter schools in operation around the Nation, and (2) the percentage 
of fourth- and eighth-grade charter school students who are achieving 
at or above the proficient level on State assessments in mathematics 
and reading/language arts. Additionally, the Secretary has established 
the following measure to examine the efficiency of the CSP: Federal 
cost per student in implementing a successful school (defined as a 
school in operation for three or more consecutive years).
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project. Applications 
must provide the

[[Page 15207]]

following information as directed under 34 CFR 75.110(b) and (c).
    (1) Performance measures. How each proposed performance measure 
would accurately measure the performance of the project and how the 
proposed performance measure would be consistent with the performance 
measures established for the program funding the competition.
    (2) Baseline data. (i) Why each proposed ``baseline'' (as defined 
in this notice) is valid; or (ii) If the applicant has determined that 
there are no established baseline data for a particular performance 
measure, an explanation of why there is no established baseline and of 
how and when, during the project period, the applicant would establish 
a valid baseline for the performance measure.
    (3) 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).
    (4) 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.
    All grantees must submit an annual performance report with 
information that is responsive to these performance measures.
    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).
    6. Project Director's Meeting: Applicants approved for funding 
under this competition must attend a two-day meeting for project 
directors at a location to be determined in the continental United 
States during each year of the project. Applicants may include the cost 
of attending this meeting in their proposed budgets.

VII. Agency Contact

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in 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. 2017-06017 Filed 3-24-17; 8:45 am]
 BILLING CODE 4000-01-P