[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31852-31862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14267]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program (CSP)--Grants to Charter School
Developers for the Opening of New Charter Schools and for the
Replication and Expansion of High-Quality Charter Schools
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for new awards for fiscal year (FY) 2019 for
CSP--Grants to Charter School Developers for the Opening of New Charter
Schools and for the Replication and Expansion of High-Quality Charter
Schools, Catalog of Federal Domestic Assistance (CFDA) numbers 84.282B
and 84.282E, respectively.
DATES:
Applications Available: July 3, 2019.
Date of Pre-Application Webinar: Monday, July 8, 2019, 12:30 p.m.,
Eastern Time.
Deadline for Transmittal of Applications: August 2, 2019.
Deadline for Intergovernmental Review: August 2, 2019.
Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar for prospective applicants on
Monday, July 8, 2019, 12:30 p.m., Eastern Time. Individuals interested
in attending this meeting are encouraged to pre-register by emailing
their name, organization, and contact information with the subject
heading ``DEVELOPER GRANTS PRE-APPLICATION MEETING'' to
[email protected]. There is no registration fee for attending this
meeting.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on February 13, 2019 (84 FR 3768) and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
FOR FURTHER INFORMATION CONTACT: Hans Neseth, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E215, Washington, DC 20202-
5970. Telephone: (202) 401-4125. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The major purposes of the CSP are to expand
opportunities for all students, particularly traditionally underserved
students, to attend charter schools \1\ and meet challenging State
academic standards; provide financial assistance for the planning,
program design, and initial implementation of public charter schools;
increase the number of high-quality charter schools available to
students across the United States; evaluate the impact of charter
schools on student achievement, families, and communities; share best
practices between charter schools and other public schools; encourage
States to provide facilities support to charter schools; and support
efforts to strengthen the charter school authorizing process.
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\1\ Italicized terms are defined in the Definitions section of
this notice.
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Through CSP Grants to Charter School Developers for the Opening of
New Charter Schools and for the Replication and Expansion of High-
Quality Charter Schools (CFDA numbers 84.282B and 84.282E,
respectively) (also referred to as Developer Grants), the Department
provides funds to charter school developers on a competitive basis to
enable them to open new charter schools (CFDA number 84.282B) or
replicate or expand high-quality charter schools (CFDA number 84.282E).
Eligibility for a grant under this competition is limited to charter
school developers in States that do not currently have a CSP State
Entity grant (CFDA number 84.282A) under the Elementary and Secondary
Education Act of 1965 (ESEA), as amended by the Every Student Succeeds
Act (ESSA).\2\ Eligibility in a State with a CSP State Educational
Agency (SEA) grant under the ESEA, as amended by the No Child Left
Behind Act of 2001 (NCLB) (CFDA number 84.282A), is limited to charter
school developers applying for grants for the replication and expansion
of high-quality charter schools (CFDA number 84.282E) and only if the
Department has not approved an amendment to the SEA's approved grant
application authorizing the SEA to make subgrants for replication and
expansion. Charter schools that receive financial assistance through
Developer Grants provide programs of elementary or secondary education,
or both, and may also serve students in early childhood education
programs or postsecondary students.
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\2\ All references to the ESEA in this notice are to the ESEA,
as amended by the ESSA, unless otherwise noted.
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Background: This notice invites applications from eligible
applicants for two types of grants: (1) Grants to Charter School
Developers for the Opening of New Charter Schools (CFDA number 84.282B)
and (2) Grants to Charter School Developers for the Replication and
Expansion of High-Quality Charter Schools (CFDA number 84.282E). Under
this competition, each CFDA number, 84.282B and 84.282E, constitutes
its own funding category. The Secretary intends to award grants under
each CFDA number for applications that are sufficiently high quality.
Information
[[Page 31853]]
pertaining to each type of grant is provided in subsequent sections of
this notice.
We have published elsewhere in this issue of the Federal Register a
notice of final priorities, requirements, definitions, and selection
criteria (NFP) for use in this and future Developer Grant competitions.
The NFP aligns with the ESEA and clarifies key statutory provisions.
Eligible applicants are those that are qualified based on the
requirements set forth in this notice. For more information on
eligibility, please see section III.1. of this notice.
All charter schools receiving CSP funds must meet the definition of
a charter school in section 4310(2) of the ESEA, including the
requirements that a charter school comply with non-discrimination and
privacy laws, including 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), part B of the Individuals with Disabilities
Education Act (IDEA) (i.e., rights afforded to children with
disabilities and their parents), and applicable State laws.
This notice includes a competitive preference priority for
developers seeking to open a new charter school or replicate or expand
a high-quality charter school within a qualified opportunity zone, as
well as an invitational priority for applicants receiving financial
assistance from a qualified opportunity fund for the purpose of
acquiring or constructing school facilities or other property. Created
under the Tax Cuts and Jobs Act (Pub. L. 115-97), opportunity zones are
intended to promote economic development and job creation in distressed
communities through preferential tax treatment for investors.
Specifically, if an individual invests capital gains in an opportunity
fund--i.e., a vehicle established for the purpose of investing in
property in an opportunity zone--the taxes the individual owes on those
gains can be deferred and reduced. Through these priorities, the
Administration seeks to harness the power of opportunity zones to help
increase the educational choices available to students in these
communities.
Priorities: This notice includes one absolute priority, four
competitive preference priorities, and one invitational priority. The
Absolute Priority and Competitive Preference Priorities 1-3 are from
the NFP for this program published elsewhere in this issue of the
Federal Register. Competitive Preference Priority 4 is from 34 CFR
75.225.
Absolute Priority: For FY 2019 and any subsequent year in which we
make awards from the list of unfunded applications from this
competition, this priority is an Absolute Priority. Under 34 CFR
75.105(c)(3), we consider only applications that meet the priority.
Each subpart of this Absolute Priority constitutes its own funding
category. Applicants must clearly indicate under which subpart of the
Absolute Priority they are applying. The Secretary intends to award
grants under both subparts of the Absolute Priority, provided that
applications of sufficiently high quality are submitted.
The priority is:
Rural Community.
Under this priority, applicants must propose to open a new charter
school or to replicate or expand a high-quality charter school in one
of the following:
(a) A rural community.
(b) A community that is not a rural community.
Competitive Preference Priorities: For FY 2019 and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, these priorities are competitive preference
priorities.
For CFDA number 84.282B, under 34 CFR 75.105(c)(2)(i), we will
award an additional 10 points to an application that meets Competitive
Preference Priority 1; up to an additional 10 points to an application,
depending on how well the application meets Competitive Preference
Priority 2; and an additional 10 points to an application that meets
Competitive Preference Priority 4. The maximum number of competitive
preference priority points an application for CFDA number 84.282B can
receive under these priorities is 30.
For CFDA number 84.282E, under 34 CFR 75.105(c)(2)(i), we award an
additional 10 points to an application that meets Competitive
Preference Priority 1; up to an additional 10 points to an application,
depending on how well the application meets Competitive Preference
Priority 2; and an additional 10 points to an application that meets
Competitive Preference Priority 3. The maximum number of competitive
preference priority points an application for CFDA number 84.282E can
receive under these priorities is 30.
These priorities are:
Competitive Preference Priority 1--Spurring Investment in
Opportunity Zones. (0 or 10 points under CFDA numbers 84.282B and
84.282E)
Under this priority, an applicant must propose to open a new
charter school or to replicate or expand a high-quality charter school
in a qualified opportunity zone as designated by the Secretary of the
Treasury under section 1400Z-1 of the Internal Revenue Code, as amended
by the Tax Cuts and Jobs Act (Pub. L. 115-97).
An applicant must provide the census tract number of the qualified
opportunity zone in which it proposes to open a new charter school or
replicate or expand a high-quality charter school. A list of qualified
opportunity zones, with census tract numbers, is available at
www.cdfifund.gov/Pages/Opportunity-Zones.aspx.
Competitive Preference Priority 2--Opening a New Charter School or
Replicating or Expanding a High-quality Charter School To Serve Native
American Students. (Up to 10 points under CFDA numbers 84.282B and
84.282E)
Under this priority, applicants must--
(a) Propose to open a new charter school, or replicate or expand a
high-quality charter school, that--
(1) Utilizes targeted outreach and recruitment in order to serve a
high proportion of Native American students, consistent with
nondiscrimination requirements contained in the U.S. Constitution and
Federal civil rights laws;
(2) Has a mission and focus that will address the unique
educational needs of Native American students, such as through the use
of instructional programs and teaching methods that reflect and
preserve Native American language, culture, and history; and
(3) Has or will have a governing board with a substantial
percentage of members who are members of Indian Tribes or Native
American organizations located within the area to be served by the new,
replicated, or expanded charter school;
(b) Submit a letter of support from at least one Indian Tribe or
Native American organization located within the area to be served by
the new, replicated, or expanded charter school; and
(c) Meaningfully collaborate with the Indian Tribe(s) or Native
American organization(s) from which the applicant has received a letter
of support in a timely, active, and ongoing manner with respect to the
development and implementation of the educational program at the
charter school.
Competitive Preference Priority 3--Single School Operators. (0 or
10 points under CFDA number 84.282E)
[[Page 31854]]
Under this priority, applicants must provide evidence that the
applicant currently operates one, and only one, charter school.
Competitive Preference Priority 4--Novice Applicants. (0 or 10
points under CFDA number 84.282B)
This priority is for applications submitted by novice applicants.
(34 CFR 75.225)
Invitational Priority: This priority is an invitational priority.
Under 34 CFR 75.105(c)(1), we do not give an application that meets
this invitational priority any preference over other applications.
This priority is:
Opportunity Funds.
This priority is for applicants that have received or will receive
an investment from a qualified opportunity fund under section 1400Z-2
of the Internal Revenue Code, as amended by the Tax Cuts and Jobs Act,
for one or more of the following, as needed to open or to replicate or
expand the school:
(1) The acquisition (by purchase, lease, donation, or otherwise) of
an interest (including an interest held by a third party for the
benefit of the school) in improved or unimproved real property;
(2) The construction of new facilities, or the renovation, repair,
or alteration of existing facilities;
(3) The predevelopment costs required to assess sites for purposes
of subparagraph (1) or (2); and
(4) The acquisition of other tangible property.
In addressing this priority, an applicant must identify the
qualified opportunity fund from which it has received or will receive
financial assistance.
Definitions: The following definitions are from sections 4310 and
8101 of the ESEA, section 602 of the IDEA, 34 CFR 75.225 and 77.1, and
the NFP.
Academically poor-performing public school means:
(a) A school identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i) of the ESEA; or
(b) A public school otherwise identified by the State or, in the
case of a charter school, its authorized public chartering agency, as
similarly academically poor-performing. (NFP)
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, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
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. (Section 4310(1) of the ESEA)
Baseline means the starting point from which performance is
measured and targets are set. (34 CFR 77.1)
Charter management organization means a nonprofit organization that
operates or manages a network of charter schools linked by centralized
support, operations, and oversight. (Section 4310(3) 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 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 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. (Section 4310(2) of the ESEA)
Child with a disability means--
(i) In general--
The term ``child with a disability'' means a child--
(A) With intellectual disabilities, hearing impairments (including
deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance (referred to in
this chapter as ``emotional disturbance''), orthopedic impairments,
autism, traumatic brain injury, other health impairments, or specific
learning disabilities; and
(B) Who, by reason thereof, needs special education and related
services.
(ii) Child aged 3 through 9--
The term ``child with a disability'' 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--
(A) Experiencing developmental delays, as defined by the State and
as measured by appropriate diagnostic instruments and procedures, in 1
or more of the following areas: Physical development; cognitive
development; communication development; social or
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emotional development; or adaptive development; and
(B) Who, by reason thereof, needs special education and related
services. (Section 8101(4) of the ESEA and section 602 of the IDEA)
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.
(Section 4310(5) of the ESEA)
Educationally disadvantaged student means a student in one or more
of the categories described in section 1115(c)(2) of the ESEA, which
include children who are economically disadvantaged, children with
disabilities, migrant students, English learners, neglected or
delinquent students, homeless students, and students who are in foster
care. (NFP)
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. (Section
8101(20) of the ESEA)
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. (Section 4310(7) of the ESEA)
High proportion, when used to refer to Native American students,
means a fact-specific, case-by-case determination based upon the unique
circumstances of a particular charter school or proposed charter
school. The Secretary considers ``high proportion'' to include a
majority of Native American students. In addition, the Secretary may
determine that less than a majority of Native American students
constitutes a ``high proportion'' based on the unique circumstances of
a particular charter school or proposed charter school, as described in
the application for funds. (NFP)
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 student.
(Section 4310(8) of the ESEA)
Indian Tribe means a federally-recognized or a State-recognized
Tribe. (NFP)
Individual from a low-income family means an individual who is
determined by a State educational agency or local educational agency to
be a child from a low-income family on the basis of (a) data used by
the Secretary to determine allocations under section 1124 of the ESEA,
(b) data on children eligible for free or reduced-price lunches under
the Richard B. Russell National School Lunch Act, (c) data on children
in families receiving assistance under part A of title IV of the Social
Security Act, (d) data on children eligible to receive medical
assistance under the Medicaid program under title XIX of the Social
Security Act, or (e) an alternate method that combines or extrapolates
from the data in items (a) through (d) of this definition. (NFP)
Institution of higher education means an educational institution in
any State that--
(a) Admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate, or persons who meet the
requirements of section 484(d)of the HEA;
(b) Is legally authorized within such State to provide a program of
education beyond secondary education;
(c) Provides an educational program for which the institution
awards a bachelor's degree or provides not less than a 2-year program
that is acceptable for full credit toward such a degree, or awards a
degree that is acceptable for admission to a graduate or professional
degree program, subject to review and approval by the Secretary;
(d) Is a public or other nonprofit institution; and
(e) Is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted preaccreditation status by such an agency or association that
has been recognized by the Secretary for the granting of
preaccreditation status, and the Secretary has determined that there is
satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(NFP)
Logic model (also referred to as theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes. (34 CFR 77.1)
Native American means an Indian (including an Alaska Native), as
defined in section 6132(b)(2) of the ESEA, Native Hawaiian, or Native
American Pacific Islander. (NFP)
Native American language means the historical, traditional
languages spoken by Native Americans. (NFP)
Native American organization means an organization that--
(a) Is legally established--
(1) By Tribal or inter-Tribal charter or in accordance with State
or Tribal law; and
(2) With appropriate constitution, by-laws, or articles of
incorporation;
(b) Includes in its purposes the promotion of the education of
Native Americans;
(c) Is controlled by a governing board, the majority of which is
Native American;
(d) If located on an Indian reservation, operates with the sanction
or by charter
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of the governing body of that reservation;
(e) Is neither an organization or subdivision of, nor under the
direct control of, any institution of higher education; and
(f) Is not an agency of State or local government. (NFP)
Novice applicant means--
(a) Any applicant for a grant from the Department that--
(i) Has never received a grant or subgrant under the program from
which it seeks funding;
(ii) Has never been a member of a group application, submitted in
accordance with 34 CFR 75.127-75.129, that received a grant under the
program from which it seeks funding; and
(iii) Has not had an active discretionary grant from the Federal
Government in the five years before the deadline date for applications
for new awards under the program.
(b) In the case of a group application submitted in accordance with
Sec. Sec. 75.127-75.129, a group that includes only parties that meet
the requirements of paragraph (a) of this definition.
(c) For the purposes of paragraph (a) of this definition, a grant
is active until the end of the grant's project or funding period,
including any extensions of those periods that extend the grantee's
authority to obligate funds. (34 CFR 75.225)
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. (Section 4310(9) of the
ESEA)
Rural community is a community served by one or more local
educational agencies (LEAs) (a) with a locale code of 32, 33, 41, 42,
or 43; or (b) that include a majority of schools with a locale code of
32, 33, 41, 42, or 43. Applicants are encouraged to retrieve locale
codes from the National Center for Education Statistics School District
search tool (https://nces.ed.gov/ccd/districtsearch/), where LEAs can
be looked up individually to retrieve locale codes, and Public School
search tool (https://nces.ed.gov/ccd/schoolsearch/), where individual
schools can be looked up to retrieve locale codes. (NFP)
Application Requirements: Applications for CSP Developer Grant
funds must address the following application requirements. These
requirements are from the NFP and section 4303(f) \3\ of the ESEA. The
source of each requirement is provided in parentheses following each
requirement. Except as otherwise provided, an applicant may choose to
respond to each requirement separately or in the context of the
applicant's responses to the selection criteria in section V.1 of this
notice.
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\3\ Per section 4305(c) of the ESEA, Developer Grants shall have
the same terms and conditions as grants awarded to State entities
under section 4303. For clarity, with respect to requirements that
derive from section 4303 the Department has, as applicable, omitted
the term ``State entity'' or replaced it with ``eligible
applicant.'' In addition, the Department has replaced ``State
entity's program'' and ``subgrant,'' respectively, with ``program''
and ``grant.''
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Grants to Charter School Developers for the Opening of New Charter
Schools (CFDA number 84.282B) and for the Replication and Expansion of
High-Quality Charter Schools (CFDA number 84.282E).
Applicants for grants under CFDA number 84.282B or 84.282E must
address the following application requirements. An applicant must
respond to the requirements in paragraph (a) in a stand-alone section
of the application or in an appendix.
(a) Describe the eligible applicant's objectives in running a
quality charter school program and how the program will be carried out,
including--
(1) A description of how the eligible applicant will ensure that
charter schools receiving funds under this program meet the educational
needs of their students, including children with disabilities and
English learners (Section 4303(f)(1)(A)(x) of the ESEA);
(2) A description of the roles and responsibilities of eligible
applicants, partner organizations, and charter management
organizations, including the administrative and contractual roles and
responsibilities of such partners (Section 4303(f)(1)(C)(i)(I) of the
ESEA);
(3) A description of the quality controls agreed to between the
eligible applicant and the authorized public chartering agency
involved, such as a contract or performance agreement, how a school's
performance in the State's accountability system and impact on student
achievement (which may include student academic growth) will be one of
the most important factors for renewal or revocation of the school's
charter, and how the authorized public chartering agency involved will
reserve the right to revoke or not renew a school's charter based on
financial, structural, or operational factors involving the management
of the school (Section 4303(f)(1)(C)(i)(II) of the ESEA);
(4) A description of how the autonomy and flexibility granted to a
charter school is consistent with the definition of a charter school in
section 4310 of the ESEA (Section 4303(f)(1)(C)(i)(III) of the ESEA);
(5) A description of how the eligible applicant will solicit and
consider input from parents and other members of the community on the
implementation and operation of each charter school that will receive
funds under the grant (Section 4303(f)(1)(C)(i)(IV) of the ESEA);
(6) A description of the eligible applicant's planned activities
and expenditures of grant funds to support the activities described in
section 4303(b)(1) of the ESEA, and how the eligible applicant will
maintain financial sustainability after the end of the grant period
(Section 4303(f)(1)(C)(i)(V) of the ESEA);
(7) A description of how the eligible applicant will support the
use of effective parent, family, and community engagement strategies to
operate each charter school that will receive funds under the grant
(Section 4303(f)(1)(C)(i)(VI) of the ESEA); and
(8) A description of how the eligible applicant will ensure that
each charter school receiving funds under this program has considered
and planned for the transportation needs of the school's students
(Section 4303(f)(1)(E) of the ESEA).
(b) Describe the educational program that the applicant will
implement in the charter school receiving funding under this program,
including--
(1) Information on how the program will enable all students to meet
the challenging State academic standards;
(2) The grade levels or ages of students who will be served; and
(3) The instructional practices that will be used. (NFP)
(c) Describe how the applicant will ensure that the charter school
that will receive funds will recruit, enroll, and retain students,
including educationally disadvantaged students, which include children
with disabilities and English learners. (NFP)
(d) Describe the lottery and enrollment procedures that the
applicant will use for the charter school if more students apply for
admission than can be accommodated and, if the applicant proposes to
use a weighted lottery, how the weighted lottery complies with section
4303(c)(3)(A) of the ESEA. (NFP)
[[Page 31857]]
(e) Provide a complete logic model (as defined in 34 CFR 77.1) for
the grant project. The logic model must include the applicant's
objectives for implementing a new charter school or replicating or
expanding a high-quality charter school with funding under this
competition. (NFP)
(f) Provide a budget narrative, aligned with the activities, target
grant project outputs, and outcomes described in the logic model, that
outlines how grant funds will be expended to carry out planned
activities. (NFP)
(g) If the applicant proposes to open a new charter school (CFDA
number 84.282B) or proposes to replicate or expand a high-quality
charter school (CFDA number 84.282E) that provides a single-sex
educational program, demonstrate that the proposed single-sex
educational programs are in compliance with the title IX of the
Education Amendments of 1972 (20 U.S.C. 1681, et seq.) (``Title IX'')
and its implementing regulations, including 34 CFR 106.34. (NFP)
(h) Provide the applicant's most recent available independently
audited financial statements prepared in accordance with generally
accepted accounting principles. (NFP)
(i) Provide--
(1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the eligible entity believes
are necessary for the successful operation of the charter school to be
opened or to be replicated or expanded; and
(2) A description of any State or local rules, generally applicable
to public schools, that will be waived or otherwise not apply to the
school that will receive funds. (NFP)
(j) Describe how each school that will receive funds meets the
definition of charter school under section 4310(2) of the ESEA. (NFP)
Grants for the Replication and Expansion of High-Quality Charter
Schools (CFDA number 84.282E).
In addition to the preceding application requirements, applicants
for grants under CFDA number 84.282E must--
(a) For each charter school currently operated or managed by the
applicant, provide--
(1) Information that demonstrates that the school is treated as a
separate school by its authorized public chartering agency and the
State, including for purposes of accountability and reporting under
title I, part A of the ESEA;
(2) Student assessment results for all students and for each
subgroup of students described in section 1111(c)(2) of the ESEA;
(3) Attendance and student retention rates for the most recently
completed school year and, if applicable, the most recent available
four-year adjusted cohort graduation rates and extended-year adjusted
cohort graduation rates; and
(4) Information on any significant compliance and management issues
encountered within the last three school years by the existing charter
school being operated or managed by the eligible entity, including in
the areas of student safety and finance. (NFP)
Assurances: Applicants for CSP Developer grants must provide the
following assurances. These assurances are from section 4303(f) of the
ESEA. The source of each assurance is provided in parentheses following
each assurance.
Applicants for funds under this program must provide assurances
that--
(a) Each charter school receiving funds through this program will
have a high degree of autonomy over budget and operations, including
autonomy over personnel decisions (Section 4303(f)(2)(A) of the ESEA);
(b) The eligible applicant will support charter schools in meeting
the educational needs of their students, as described in section
4303(f)(1)(A)(x) of the ESEA (Section 4303(f)(2)(B) of the ESEA); and
(c) The eligible applicant will ensure that each charter school
receiving funds under this 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 website of the
school, information to help parents make informed decisions about the
education options available to their children, including--
(i) Information on the educational program;
(ii) Student support services;
(iii) Parent contract requirements (as applicable), including any
financial obligations or fees;
(iv) Enrollment criteria (as applicable); and
(v) 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 statically reliable information or the
results would reveal personally identifiable information about an
individual student. (Section 4303(f)(2)(G) of the ESEA)
Program Authority: Title IV, part C of the ESEA, as amended.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84,
86, 97, 98, and 99. (b) The Office of Management and Budget 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 in 2 CFR part 3474.
(d) The NFP.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $14,460,000.
Estimated Range of Awards: $150,000-$300,000 per year.
Estimated Average Size of Awards: $300,000 per year.
Maximum Award: See Reasonable and Necessary Costs in section III.4.
for information regarding the maximum amount of funds that may be
awarded per new school seat and per new school.
Estimated Number of Awards: 25-35.
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 available funds to
support multiple 12-month budget periods for one or more grantees.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: Eligible applicants are developers that
have--
(a) Applied to an authorized public chartering authority to operate
a charter school; and
(b) Provided adequate and timely notice to that authority. (Section
4310(6) of the ESEA).
Additionally, the charter school must be located in a State with a
State statute specifically authorizing the establishment of charter
schools (section 4310(2) of the ESEA) and in which a State entity
currently does not have a CSP State Entity grant (CFDA number 84.282A)
under section 4303 of the ESEA.\4\ (Section 4305(a)(2) of the ESEA).
Eligibility in a State with a CSP SEA grant (CFDA 84.282A) under the
[[Page 31858]]
ESEA, as amended by NCLB, is limited to grants for replication and
expansion \5\ (CFDA 84.282E) and only if the Department has not
approved an amendment to the SEA's approved grant application
authorizing the SEA to make subgrants for replication and expansion.\6\
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\4\ States in which a State entity currently has an approved CSP
State Entity grant application under section 4303 of the ESEA are
Arizona, Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland,
Michigan, Minnesota, Mississippi, New Mexico, New York, North
Carolina, Oklahoma, Rhode Island, Texas, and Wisconsin. We will not
consider applications from applicants in these States under either
CFDA 84.282B or 84.282E.
\5\ States in which the SEA currently has an approved CSP SEA
grant application under the ESEA, as amended by NCLB (i.e., a grant
award made in fiscal year 2016 or earlier), include California,
District of Columbia, Florida, Georgia, Illinois, Louisiana,
Massachusetts, Nevada, Ohio, Oregon, South Carolina, Tennessee, and
Washington. We will not consider applications from applicants in
these States for grants for the opening of new charter schools
submitted under CFDA number 84.282B.
\6\ States in which the SEA currently has an approved CSP SEA
grant application under the ESEA, as amended by NCLB (i.e., a grant
award made in fiscal year 2016 or earlier) and have approved
amendment requests that authorize the SEA to make subgrants for
replication and expansion, include California, District of Columbia,
Nevada, Ohio, and Oregon. We will not consider applications from
applicants in these States under CFDA 84.282E either.
---------------------------------------------------------------------------
As a general matter, the Secretary considers charter schools that
have been in operation for more than five years to be past the initial
implementation phase and, therefore, ineligible to receive CSP funds
under CFDA number 84.282B to support the opening of a new charter
school or under CFDA number 84.282E for the replication of a high-
quality charter school; however, such schools may receive CSP funds
under CFDA number 84.282E for the expansion of a high-quality charter
school.
Note: If an applicant has applied to an authorized public
chartering agency to operate a new school and has not yet been
approved, it should include information in its application
addressing the plan and timeline to receive notification from the
authorizer on the final decision. Additionally, an applicant should
delineate any costs in its proposed budget that are projected to be
incurred prior to the date the applicant's charter school
application is approved by the authorized public chartering agency.
2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
4. Reasonable and Necessary Costs: The Secretary may elect to
impose maximum limits on the amount of grant funds that may be awarded
for a new charter school, or replicated, or expanded, high-quality
charter school.
For this competition, the maximum limit of grant funds that may be
awarded for a new, replicated, or expanded charter school is
$1,500,000.
In accordance with 2 CFR 200.404, 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.
A charter school that previously has received CSP funds for
replication or expansion or for planning or initial implementation of a
charter school under CFDA number 84.282A or 84.282M (under the ESEA)
may not use funds under this grant for the same purpose. However, such
charter school may be eligible to receive funds under this competition
to expand the charter school beyond the existing grade levels or
student count. Likewise, a charter school that receives funds under
this competition is ineligible to receive funds for the same purpose
under section 4303(b)(1) or 4305(b) of the ESEA, including opening and
preparing for the operation of a new charter school, opening and
preparing for the operation of a replicated high-quality charter
school, or expanding a high-quality charter school (i.e., CFDA number
84.282A or 84.282M).
IV. Application and Submission Information
1. Application Submission Instructions: For information on how to
submit an application please refer to our Common Instructions for
Applicants to Department of Education Discretionary Grant Programs,
published in the Federal Register on February 13, 2019 (84 FR 3768) and
available at www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which contain requirements and information on how to submit
an application.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for this competition, an
application may include business information that the applicant
considers 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 of the Freedom of Information Act. In the appropriate
Appendix section of your application, under ``Other Attachments Form,''
please list the page number or numbers on which we can find this
information. For additional information please see 34 CFR 5.11(c).
3. Intergovernmental Review: This competition 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.
Please note that, under 34 CFR 79.8(a), we have shortened the standard
60-day intergovernmental review period in order to make awards by the
end of FY 2019.
4. Funding Restrictions: Grantees must use the grant funds to open
and prepare for the operation of a new charter school; to open and
prepare for the operation of a replicated high-quality charter school;
or to expand a high-quality charter school, as applicable. Grant funds
must be used to carry out allowable activities, described in section
4303(h) of the ESEA, which include the following:
(a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
(1) Providing professional development; and
(2) Hiring and compensating, during the eligible applicant's
planning period specified in the application for funds, one or more of
the following:
(i) Teachers.
(ii) School leaders.
(iii) 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.
(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
the opening of new charter schools, or the replication or expansion of
high-quality charter schools, as applicable, when
[[Page 31859]]
such costs cannot be met from other sources.
A grant awarded by the Secretary under this competition may be for
a period of not more than five years, of which the grantee may use not
more than 18 months for planning and program design. (Section
4303(d)(1)(B) of the ESEA). Applicants may propose to support only one
charter school per grant application.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section in this notice.
5. Recommended Page Limit: The application narrative (Part III of
the application) is where you, the applicant, address the selection
criteria that reviewers use to evaluate your application. We recommend
that you (1) limit the narrative to no more than 50 pages, and (2) use
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.
The recommended 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 recommended page limit does apply to all of the
application narrative.
V. Application Review Information
1. Selection Criteria. The selection criteria for applicants
submitting applications under CFDA numbers 84.282B and 84.282E are
listed in paragraphs (a) and (b) of this section, respectively. These
selection criteria are from the NFP and 34 CFR 75.210. The maximum
possible score for addressing all of the criteria in each section is
100 points. The maximum possible score for addressing each criterion is
indicated in parentheses following the criterion.
In evaluating an application for a Developer Grant, the Secretary
considers the following criteria:
(a) Selection Criteria for Grants for the Opening of New Charter
Schools (CFDA number 84.282B).
(1) Significance of contribution in assisting educationally
disadvantaged students (up to 15 points).
The Secretary considers the significance of contribution in
assisting educationally disadvantaged students for the proposed
project. In determining the significance of the contribution the
proposed project will make in expanding educational opportunity for
educationally disadvantaged students and enabling those students to
meet challenging State academic standards, the Secretary considers the
quality of the plan to ensure that the charter school the applicant
proposes to open, replicate, or expand will recruit, enroll, and
effectively serve educationally disadvantaged students, which include
children with disabilities and English learners. (NFP)
(2) Quality of the project design (up to 30 points).
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(i) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable;
and
(ii) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs. (34 CFR 75.210(c)(1) and
(c)(2)(i) and (ii))
(3) Quality of project personnel (up to 20 points).
The Secretary considers the quality of the personnel who will carry
out the proposed project. In determining the quality of project
personnel, the Secretary considers:
(i) The extent to which the applicant encourages applications for
employment from persons who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability (up to 2 points); and
(ii) The qualifications, including relevant training and
experience, of key project personnel (up to 18 points). (34 CFR
75.210(e)(1), (e)(2), and (e)(3)(ii))
(4) Quality of the management plan (up to 20 points).
The Secretary considers the quality of the management plan for the
proposed project. In determining the quality of the applicant's
management plan, the Secretary considers the following factors:
(i) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (up to 15 points);
(ii) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed project
(up to 3 points); and
(iii) How the applicant will ensure that a diversity of
perspectives are brought to bear in the operation of the proposed
project, including those of parents, teachers, the business community,
a variety of disciplinary and professional fields, recipients or
beneficiaries of services, or others, as appropriate (up to 2 points).
(34 CFR 75.210(g)(1), and (g)(2)(i) and (g)(2)(iv)-(v))
(5) Quality of the continuation plan (up to 15 points).
The Secretary considers the quality of the continuation plan for
the proposed project. In determining the quality of the continuation
plan, the Secretary considers the extent to which the eligible
applicant is prepared to continue to operate the charter school that
would receive grant funds in a manner consistent with the eligible
applicant's application once the grant funds under this program are no
longer available. (NFP)
(b) Selection Criteria for Replication and Expansion Grants (CFDA
number 84.282E).
(1) Quality of the eligible applicant (up to 30 points).
The Secretary considers the quality of the eligible applicant for
the proposed project. In determining the quality of the eligible
applicant, the Secretary considers the following factors:
(i) The extent to which the academic achievement results (including
annual student performance on statewide assessments and annual student
attendance and retention rates and, where applicable and available,
student academic growth, high school graduation rates, postsecondary
enrollment and persistence rates, including in college or career
training programs, employment rates, earnings, and other academic
outcomes) for educationally disadvantaged students served by the
charter school(s) operated or managed by the applicant have exceeded
the average academic achievement results for such students served by
other public schools in the State (up to 10 points);
(ii) The extent to which one or more charter schools operated or
managed by the applicant have closed; have had a charter revoked due to
noncompliance
[[Page 31860]]
with statutory or regulatory requirements; or have had their
affiliation with the applicant revoked or terminated, including through
voluntary disaffiliation (up to 5 points);
(iii) The extent to which one or more charter schools operated or
managed by the applicant have had any significant issues in the area of
financial or operational management or student safety, or have
otherwise experienced significant problems with statutory or regulatory
compliance that could lead to revocation of the school's charter (up to
10 points); and
(iv) The extent to which the schools operated or managed by the
applicant demonstrate strong results on measurable outcomes in non-
academic areas such as, but not limited to, parent satisfaction, school
climate, student mental health, civic engagement, and crime prevention
and reduction (up to 5 points). (NFP)
(2) Significance of contribution in assisting educationally
disadvantaged students (up to 15 points).
The Secretary considers the significance of the contribution in
assisting educationally disadvantaged students for the proposed
project. In determining the significance of the contribution the
proposed project will make in expanding educational opportunity for
educationally disadvantaged students and enabling those students to
meet challenging State academic standards, the Secretary considers the
quality of the plan to ensure that the charter school the applicant
proposes to open, replicate, or expand will recruit, enroll, and
effectively serve educationally disadvantaged students, which include
children with disabilities and English learners. (NFP)
(3) Quality of the project design (up to 25 points).
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(i) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable;
and
(ii) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs. (34 CFR 75.210(c)(1) and
(c)(2)(i) and (ii))
(4) Quality of project personnel (up to 10 points).
The Secretary considers the quality of the personnel who will carry
out the proposed project. In determining the quality of project
personnel, the Secretary considers:
(i) The extent to which the applicant encourages applications for
employment from persons who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability (up to 2 points); and
(ii) The qualifications, including relevant training and
experience, of key project personnel (up to 8 points). (34 CFR
75.210(e)(1),(e)(2), and (e)(3)(ii))
(5) Quality of the management plan (up to 10 points)
The Secretary considers the quality of the management plan for the
proposed project. In determining the quality of the applicant's
management plan, the Secretary considers the following factors:
(i) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (up to 6 points);
(ii) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed project
(up to 2 points); and
(iii) How the applicant will ensure that a diversity of
perspectives are brought to bear in the operation of the proposed
project, including those of parents, teachers, the business community,
a variety of disciplinary and professional fields, recipients or
beneficiaries of services, or others, as appropriate (up to 2 points).
(34 CFR 75.210(g)(1) and (g)(2)(i) and (g)(2)(iv)-(v))
(6) Quality of the continuation plan (up to 10 points).
The Secretary considers the quality of the continuation plan for
the proposed project. In determining the quality of the continuation
plan, the Secretary considers the extent to which the eligible
applicant is prepared to continue to operate the charter school that
would receive grant funds in a manner consistent with the eligible
applicant's application once the grant funds under this program are no
longer available. (NFP)
2. Review and Selection Process: We remind potential applicants
that in reviewing applications under 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
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific 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
$250,000), 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 (referred to as the Federal
Awardee Performance and Integrity Information System (FAPIIS)),
accessible through the System for Award Management. 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 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
[[Page 31861]]
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. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
4. 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) 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.
5. Performance Measures: (a) The Secretary has two performance
indicators to measure progress toward achieving the purposes of the
program, which are discussed elsewhere in this notice. The performance
indicators are: (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: The 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 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 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.
6. 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).
7. 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 as an administrative cost in their proposed
budgets.
VII. 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.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of the Department published in
the Federal Register, in text or Portable Document Format (PDF). To use
PDF you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov.
[[Page 31862]]
Specifically, through the advanced search feature at this site, you can
limit your search to documents published by the Department.
Dated: June 28, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-14267 Filed 7-2-19; 8:45 am]
BILLING CODE 4000-01-P