[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65134-65142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25739]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--Grants to Charter Management 
Organizations for the Replication and Expansion of High-Quality Charter 
Schools (CMO Grants)

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) 2020 for 
CSP--CMO grants, Catalog of Federal Domestic Assistance (CFDA) number 
84.282M. This notice relates to the approved information collection 
under OMB control number 4040-0004.

DATES: 
    Applications available: November 26, 2019.
    Date of pre-application webinar: December 5, 2019.
    Deadline for transmittal of applications: January 10, 2020.
    Deadline for intergovernmental review: March 10, 2020.
    Pre-application webinar information: The Department will hold a 
pre-application meeting via webinar for prospective applicants on 
December 5, 2019, Eastern time.

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: Katherine Cox, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E207, Washington, DC 20202-
5970. Telephone: (202) 453-6886. 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: \1\ Through charter management organizations 
(CMOs) grants, the Department provides funds to CMOs on a competitive 
basis to enable them to replicate or expand one or more high-quality 
charter schools. Grant funds may be used to expand the enrollment of 
one or more existing high-quality charter schools, or to replicate one 
or more new charter schools based on an existing high-quality charter 
school model.
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    \1\ The terms in the text of this notice that are in italics are 
defined in the Definitions section.
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    Background: A major purpose of this program is to replicate and 
expand high-quality charter schools that serve educationally 
disadvantaged students. Students living in rural communities are too 
often faced with a relative dearth of high-quality educational options, 
and our experience implementing this, and other, grant competitions has 
taught us that students in these communities experience unique 
disadvantages. Similarly, we believe it is critical to ensure that 
students who are individuals from low-income families, and particularly 
such students that attend schools with high percentages of students who 
are individuals from low-income families, have access to a myriad of 
high-quality education options. As such, in order to receive a grant 
under this competition, CMOs must either demonstrate that they will 
replicate or expand high-quality charter schools in a rural community 
or that they operate or manage charter schools with student bodies that 
are comprised of at least 40 percent students who are individuals from 
low-income families. Accordingly, applicants must choose to submit 
their applications under one of two absolute priorities--Absolute 
Priority 1--Rural Community and Absolute Priority 2--Low-Income 
Demographic.
    Priorities: This competition includes two absolute priorities and 
five competitive preference priorities. In accordance with 34 CFR 
75.105(b)(2)(iv), the absolute priorities and Competitive Preference 
Priorities 2, 3, 4, and 5 are from the notice of final priorities, 
requirements, definitions, and selection criteria for this program 
published in the Federal Register on November 30, 2018 (2018 NFP) (83 
FR 61532). Competitive Preference Priority 1 is from the notice of 
final priority for discretionary grant programs relating to the 
Administration's Opportunity Zones initiative, published in the Federal 
Register (OZ NFP).

[[Page 65135]]

    Absolute Priorities: For FY 2020 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet one or both of 
these priorities.
    Each of these absolute priorities constitutes its own funding 
category. Applicants may propose projects that address both absolute 
priorities, but must clearly indicate under which absolute priority 
they are officially applying. The Secretary intends to award grants 
under each absolute priority for which applications of sufficient 
quality are submitted.
    The priorities are:
    Absolute Priority 1--Rural Community.
    Under this priority, applicants must propose to replicate or expand 
one or more high-quality charter schools in a rural community.
    Absolute Priority 2--Low-Income Demographic.
    Under this priority, applicants must demonstrate that at least 40 
percent of the students across all of the charter schools the applicant 
operates or manages are individuals from low-income families, and that 
the applicant will maintain the same, or a substantially similar, 
percentage of such students across all of its charter schools during 
the grant period.
    Competitive Preference Priorities: For FY 2020 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities.
    Under 34 CFR 75.105(c)(2)(i) we award up to an additional seven 
points to an application, depending on how well an application meets 
one or both elements of Competitive Preference Priority 1; an 
additional five points to an application that meets Competitive 
Preference Priority 2; up to an additional two points to an 
application, depending on how well an application meets Competitive 
Preference Priority 3; up to an additional four points to an 
application, depending on how well an application meets Competitive 
Preference Priority 4; and up to an additional two points to an 
application, depending on how well an application meets Competitive 
Preference Priority 5. The maximum number of competitive preference 
priority points an application can receive under this competition is 
20.
    These priorities are:
    Competitive Preference Priority 1--Spurring Investment in Qualified 
Opportunity Zones. (Up to 7 points)
    Under this priority, an applicant must demonstrate one or both of 
the following:
    (a) The area in which the applicant proposes to provide services 
overlaps with a Qualified Opportunity Zone, as designated by the 
Secretary of the Treasury under section 1400Z-1 of the Internal Revenue 
Code (IRC). An applicant must--
    (1) Provide the census tract number of the Qualified Opportunity 
Zone(s) in which it proposes to provide services; and
    (2) Describe how the applicant will provide services in the 
Qualified Opportunity Zone(s) (Up to 4 points).

    Note: In order to meet paragraph (a) of this priority, one or 
more charter schools included in the application must be located in 
a Qualified Opportunity Zone. If the area in which the applicant 
proposes to provide services overlaps with a Qualified Opportunity 
Zone by--

    (i) 25 percent or less, then the applicant will receive 1 point;
    (ii) 26 percent to 50 percent, then the applicant will receive 2 
points;
    (iii) 51 to 75 percent, then the applicant will receive 3 points; 
or
    (iv) 76 percent to 100 percent, then the applicant will receive 4 
points.
    (b) The applicant has received, or will receive by January 10, 
2020, an investment, including access to real property, from a 
Qualified Opportunity Fund under section 1400Z-2 of the IRC for a 
purpose directly related to its proposed project. An applicant must--
    (1) Identify the Qualified Opportunity Fund from which it has 
received or will receive an investment; and
    (2) Describe how the investment is or will be directly related to 
its proposed project (0 or 3 points).
    Competitive Preference Priority 2-- Number of Charter Schools 
Operated or Managed by the Eligible Applicant. (0 or 5 points)
    Under this priority, applicants must demonstrate that they 
currently operate or manage two to five charter schools.
    Competitive Preference Priority 3--High School Students. (Up to 2 
points)
    Under this priority, applicants must propose to--
    (a) Replicate or expand high-quality charter schools to serve high 
school students, including educationally disadvantaged students;
    (b) Prepare students, including educationally disadvantaged 
students, in those schools for enrollment in postsecondary education 
institutions through activities such as, but not limited to, 
accelerated learning programs (including Advanced Placement and 
International Baccalaureate courses and programs, dual or concurrent 
enrollment programs, and early college high schools), college 
counseling, career and technical education programs, career counseling, 
internships, work-based learning programs (such as apprenticeships), 
assisting students in the college admissions and financial aid 
application processes, and preparing students to take standardized 
college admissions tests;
    (c) Provide support for students, including educationally 
disadvantaged students, who graduate from those schools and enroll in 
postsecondary education institutions in persisting in, and attaining a 
degree or certificate from, such institutions, through activities such 
as, but not limited to, mentorships, ongoing assistance with the 
financial aid application process, and establishing or strengthening 
peer support systems for such students attending the same institution; 
and
    (d) Propose one or more project-specific performance measures, 
including aligned leading indicators or other interim milestones, that 
will provide valid and reliable information about the applicant's 
progress in preparing students, including educationally disadvantaged 
students, for enrollment in postsecondary education institutions and in 
supporting those students in persisting in and attaining a degree or 
certificate from such institutions. An applicant addressing this 
priority and receiving a CMO grant must provide data that are 
responsive to the measure(s), including performance targets, in its 
annual performance reports to the Department.
    (e) For purposes of this priority, postsecondary education 
institutions include institutions of higher education, as defined in 
section 8101(29) of the Elementary and Secondary Education Act of 1965, 
as amended by the Every Student Succeeds Act (ESEA), and one-year 
training programs that meet the requirements of section 101(b)(1) of 
the Higher Education Act of 1965, as amended (HEA).
    Competitive Preference Priority 4--Replicating or Expanding High-
Quality Charter Schools To Serve Native American Students. (Up to 4 
points)
    Under this priority, applicants must--
    (a) Propose to replicate or expand one or more high-quality charter 
schools that--
    (1) Utilize 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;

[[Page 65136]]

    (2) Have 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) Have a governing board with a substantial percentage of members 
who are members of Indian Tribes or Indian organizations located within 
the area to be served by the replicated or expanded charter school;
    (b) Submit a letter of support from at least one Indian Tribe or 
Indian organization located within the area to be served by the 
replicated or expanded charter school; and
    (c) Meaningfully collaborate with the Indian Tribe(s) or Indian 
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 5--Reopening Academically Poor-
Performing Schools as Charter Schools. (Up to 2 points)
    Under this priority, applicants must--
    (a) Demonstrate past success working with one or more academically 
poor-performing public schools or schools that previously were 
designated as persistently lowest-achieving schools or priority schools 
under the former School Improvement Grant program or in States that 
exercised ESEA flexibility, respectively, under the Elementary and 
Secondary Education Act of 1965, as amended by the No Child Left Behind 
Act of 2001; and
    (b) Propose to use grant funds under this program to restart one or 
more academically poor-performing public schools as charter schools 
during the project period by--
    (1) Replicating one or more high-quality charter schools based on a 
successful charter school model for which the applicant has provided 
evidence of success; and
    (2) Targeting a demographically similar student population in the 
replicated charter schools as was served by the academically poor-
performing public schools.
    Definitions: The following definitions are from sections 4310 and 
8101 of the ESEA, 34 CFR 77.1, and the 2018 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. (2018 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, or CMO, 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--
    (1) 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;
    (2) 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;
    (3) 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;
    (4) Provides a program of elementary or secondary education, or 
both;
    (5) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (6) Does not charge tuition;
    (7) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred 
to as the ``Family Educational Rights and Privacy Act of 1974''), and 
part B of the Individuals with Disabilities Education Act;
    (8) Is a school to which parents choose to send their children, and 
that--
    (i) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A), if more students apply for admission than can be 
accommodated; or
    (ii) 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 (i);
    (9) 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;
    (10) Meets all applicable Federal, State, and local health and 
safety requirements;
    (11) Operates in accordance with State law;
    (12) 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
    (13) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    Child with a disability means--
    (1) In general--
    The term child with a disability means a child--
    (i) 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
    (ii) Who, by reason thereof, needs special education and related 
services.

[[Page 65137]]

    (2) 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--
    (i) 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 emotional 
development; or adaptive development; and
    (ii) Who, by reason thereof, needs special education and related 
services. (Section 8101(4) 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, students who are 
children with disabilities, migrant students, English learners, 
neglected or delinquent students, homeless students, and students who 
are in foster care. (2018 NFP)
    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. (2018 NFP)
    High-quality charter school means a charter school that--
    (1) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (2) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (3) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (4) 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), 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 organization means an organization that--
    (1) Is legally established--
    (i) By Tribal or inter-Tribal charter or in accordance with State 
or Tribal law; and
    (ii) With appropriate constitution, by-laws, or articles of 
incorporation;
    (2) Includes in its purposes the promotion of the education of 
Indians;
    (3) Is controlled by a governing board, the majority of which is 
Indian;
    (4) If located on an Indian reservation, operates with the sanction 
or by charter of the governing body of that reservation;
    (5) Is neither an organization or subdivision of, nor under the 
direct control of, any institution of higher education; and
    (6) Is not an agency of State or local government. (2018 NFP)
    Indian Tribe means a federally recognized or a State-recognized 
Tribe. (2018 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. (2018 NFP)
    Institution of higher education means an educational institution in 
any State that--
    (1) 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;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) 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;
    (4) Is a public or other nonprofit institution; and
    (5) 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. 
(2018 NFP)
    Logic model (also referred to as a 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), 
Native Hawaiian, or Native American Pacific Islander. (2018 NFP)
    Native American language means the historical, traditional 
languages spoken by Native Americans. (2018 NFP)
    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 means a community that is served by a local 
educational agency that is eligible to apply for funds under the Small 
Rural School Achievement (SRSA) program or the Rural and Low-Income 
School (RLIS) program authorized under title V, part B of the ESEA. 
Applicants may determine

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whether a particular local educational agency is eligible for these 
programs by referring to information on the following Department 
websites. For the SRSA program: https://www2.ed.gov/programs/reapsrsa/eligibility.html. For the RLIS program: www2.ed.gov/programs/reaprlisp/eligibility.html. (2018 NFP)
    Application Requirements: Applications for CSP CMO grant funds must 
address the following application requirements. These requirements are 
from the 2018 NFP and sections 4303(f)(1) \2\ and 4305(b)(3) of the 
ESEA. The source of each requirement is provided in parentheses 
following each requirement. An applicant must respond to requirement 
(a) in a stand-alone section of the application or in an appendix. For 
all other application requirements, 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.2 of this notice.
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    \2\ Per section 4305(c) of the ESEA, CMO grants shall have the 
same terms and conditions as grants awarded to State entities under 
section 4303. For clarity, the Department has replaced the term 
``State entity'' with ``applicant'' in the requirements that derive 
from section 4303.
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    Applicants for funds under this program must--
    (a) Describe the 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 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); and
    (2) A description of how the 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) For each charter school currently operated or managed by the 
applicant, provide--
    (1) Student assessment results for all students and for each 
subgroup of students described in section 1111(c)(2);
    (2) 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
    (3) Information on any significant compliance and management issues 
encountered within the last three school years by any school operated 
or managed by the eligible entity, including in the areas of student 
safety and finance (Section 4305(b)(3)(A) of the ESEA);
    (c) Describe the educational program that the applicant will 
implement in each 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 (Section 
4305(b)(3)(B)(ii) of the ESEA);
    (d) Demonstrate that the applicant currently operates or manages 
more than one charter school. For purposes of this program, multiple 
charter schools are considered to be separate schools if each school--
    (1) Meets each element of the definition of charter school under 
section 4310(2) of the ESEA; and
    (2) Is treated as a separate school by its authorized public 
chartering agency and the State in which the charter school is located, 
including for purposes of accountability and reporting under title I, 
part A of the ESEA (2018 NFP);
    (e) Provide information regarding any compliance issues, and how 
they were resolved, for any charter schools operated or managed by the 
applicant that have--
    (1) Closed;
    (2) Had their charter(s) revoked due to problems with statutory or 
regulatory compliance, including compliance with sections 4310(2)(G) 
and (J) of the ESEA; or
    (3) Had their affiliation with the applicant revoked or terminated, 
including through voluntary disaffiliation (2018 NFP);
    (f) Provide a complete logic model for the grant project. The logic 
model must include the applicant's objectives for replicating or 
expanding one or more high-quality charter schools with funding under 
this program, including the number of high-quality charter schools the 
applicant proposes to replicate or expand (2018 NFP);
    (g) If the applicant currently operates, or is proposing to 
replicate or expand a single-sex charter school or coeducational 
charter school that provides a single-sex class or extracurricular 
activity (collectively referred to as a ``single-sex educational 
program''), demonstrate that the existing or proposed single-sex 
educational program is in compliance with title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681, et seq.) and its implementing 
regulations, including 34 CFR 106.34 (2018 NFP);
    (h) Describe how the applicant currently operates or manages the 
high-quality charter schools for which it has presented evidence of 
success and how the proposed replicated or expanded charter schools 
will be operated or managed, including the legal relationship between 
the applicant and its schools. If a legal entity other than the 
applicant has entered or will enter into a performance contract with an 
authorized public chartering agency to operate or manage one or more of 
the applicant's schools, the applicant must also describe its 
relationship with that entity (2018 NFP);
    (i) Describe how the applicant will solicit and consider input from 
parents and other members of the community on the implementation and 
operation of each replicated or expanded charter school, including in 
the area of school governance (2018 NFP);
    (j) Describe the lottery and enrollment procedures that will be 
used for each replicated or expanded charter school if more students 
apply for admission than can be accommodated, including how any 
proposed weighted lottery complies with section 4303(c)(3)(A) of the 
ESEA (2018 NFP);
    (k) Describe how the applicant will ensure that all eligible 
children with disabilities receive a free appropriate public education 
in accordance with Part B of the Individuals with Disabilities 
Education Act (2018 NFP);
    (l) Describe how the proposed project will assist educationally 
disadvantaged students in mastering challenging State academic 
standards (2018 NFP);
    (m) 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 (2018 NFP);
    (n) Provide the applicant's most recent independently audited 
financial statements prepared in accordance with generally accepted 
accounting principles (2018 NFP);
    (o) Describe the applicant's policies and procedures to assist 
students enrolled in a charter school that closes or loses its charter 
to attend other high-quality schools (2018 NFP); and
    (p) Provide--
    (1) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the applicant believes are 
necessary for the successful operation of the charter schools 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

[[Page 65139]]

otherwise not apply, to such schools (2018 NFP).
    Assurances: Applications for CSP CMO grant funds must provide the 
following assurances. These assurances are from sections 4303(f)(2) and 
4305(b)(3)(C) of the ESEA. The source of each assurance is provided in 
parentheses following each assurance.
    Applicants for funds under this program must provide the following 
assurances:
    (a) The grantee 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)
    (b) The grantee 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--
    (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. (Section 4303(f)(2)(G) of the ESEA)
    (c) The eligible entity has sufficient procedures in effect to 
ensure timely closure of low-performing or financially mismanaged 
charter schools and clear plans and procedures in effect for the 
students in such schools to attend other high-quality schools. (Section 
4305(b)(3)(C) of the ESEA)
    Program Authority: Title IV, Part C of the ESEA.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) 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 as 
regulations of the Department in 2 CFR part 3474. (d) The 2018 NFP. (e) 
The OZ NFP.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $65,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2021 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $250,000-$15,000,000 per year.
    Estimated Average Size of Awards: $2,000,000 per year.
    Maximum Award: For this competition, the maximum limit of grant 
funds that may be awarded per new or expanded charter school is 
$1,500,000.
    Estimated Number of Awards: 15-20 awards.

    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.
    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)

III. Eligibility Information

    1. Eligible Applicants: CMOs. Eligible applicants may apply 
individually or as part of a group or consortium.
    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.
    3. Subgrantees: A grantee under this program may not award 
subgrants.
    4. Authorized Costs: Applicants must ensure that all costs included 
in the proposed budget are authorized under the CSP and are reasonable 
and necessary in light of the goals and objectives of the proposed 
project. Any costs determined by the Secretary to be unauthorized, or 
otherwise unreasonable or unnecessary, will be removed from the final 
approved budget.
    5. Other CSP Grants: A charter school that previously received 
funds for replication or expansion under this program, or that has been 
awarded a subgrant or grant for opening or preparing to operate a new 
charter school, replication, or expansion under the CSP Grants to State 
Entities (State Entities) program (CFDA number 84.282A) or CSP Grants 
to Developers for the Opening of New Charter Schools and for the 
Replication and Expansion of High-quality Charter Schools (Developers) 
program (CFDA numbers 84.282B and 84.282E), may not receive funds under 
this grant to carry out the same activities. However, such a charter 
school may be eligible to receive funds through a CMO grant awarded 
under this competition to expand the charter school beyond the existing 
grade levels or student count.
    Likewise, a charter school that is included in an approved 
application for funding under this competition is ineligible to receive 
a subgrant or grant to carry out the same activities under the State 
Entities program (CFDA number 84.282A) or Developers program (CFDA 
numbers 84.282B and 84.282E), including for opening or preparing to 
operate a new charter school or for replication or expansion of a high-
quality charter school.

IV. Application and Submission Instructions

    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.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the CMO 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 believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information.

[[Page 65140]]

For additional information please see 34 CFR 5.11(c).
    3. 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.
    4. Funding Restrictions: Grantees under this program must use the 
grant funds to replicate or expand the charter school model or models 
for which the applicant has presented evidence of success. 
Specifically, grant funds must be used to carry out allowable 
activities, as described in section 4305(b)(1) of the ESEA. In 
addition, grant funds must be used to carry out one or more of the 
activities described in section 4303(h), which include--
    (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 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; and
    (f) Providing for other appropriate, non-sustained costs related to 
the replication or expansion of high-quality charter schools when such 
costs cannot be met from other sources.
    Further, under section 4305(b)(1) of the ESEA, CMO grant funds must 
be used to open and prepare for the operation of one or more replicated 
high-quality charter schools or to expand one or more high-quality 
charter schools. Within the context of opening and preparing for the 
operation of one or more replicated high-quality charter schools or 
expanding one or more high-quality charter schools, a portion of grant 
funds can be used for appropriate, non-sustained costs associated with 
the expansion or improvement of the grantee's oversight or management 
of its charter schools, provided that (i) the specific charter schools 
being replicated or expanded under the grant are the intended 
beneficiaries of such expansion or improvement; (ii) such expansion or 
improvement is intended to improve the grantee's ability to manage or 
oversee the charter schools being replicated or expanded under the 
grant; and (iii) the costs cannot be met from other sources. In order 
to use grant funds for this purpose, an applicant must describe how the 
proposed costs are necessary to meet the objectives of the project and 
reasonable in light of the overall cost of the project.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 60 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 are from the 2018 NFP 
and 34 CFR 75.210. The source of each selection criterion is included 
in parentheses. The maximum possible score for addressing all of the 
criteria in this section is 100 points. The maximum possible score for 
addressing each criterion is indicated in parentheses following the 
criterion.
    In evaluating an application, the Secretary considers the following 
criteria:
    (a) Quality of the eligible applicant and adequacy of resources (40 
points).
    In determining the quality of the eligible applicant, the Secretary 
considers the following factors:
    (1) The extent to which the academic achievement results (including 
annual student performance on statewide assessments, annual student 
attendance and retention rates, and, where applicable and available, 
student academic growth, high school graduation rates, college 
attendance rates, and college persistence rates) for educationally 
disadvantaged students served by the charter schools operated or 
managed by the applicant have exceeded the average academic achievement 
results for such students served by other public schools in the State 
(10 points). (2018 NFP)
    (2) 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 with statutory or regulatory requirements; or have had 
their affiliation with the applicant revoked or terminated, including 
through voluntary disaffiliation (10 points). (2018 NFP)
    (3) 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 (10 
points). (2018 NFP)
    (4) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support (10 points). (34 CFR 
75.210)
    (b) Significance of contribution in assisting educationally 
disadvantaged students (20 points).
    In determining the significance of the contribution the proposed 
project will make in expanding educational opportunities for 
educationally disadvantaged students and enabling those students to 
meet challenging State academic standards, the Secretary considers the 
following factors:
    (1) The extent to which charter schools currently operated or 
managed by the applicant serve educationally disadvantaged students, 
particularly students with disabilities and English learners, at rates 
comparable to surrounding public schools or, in the

[[Page 65141]]

case of virtual charter schools, at rates comparable to public schools 
in the State (10 points). (2018 NFP)
    (2) The quality of the plan to ensure that the charter schools the 
applicant proposes to replicate or expand will recruit, enroll, and 
effectively serve educationally disadvantaged students, particularly 
students with disabilities and English learners (10 points). (2018 NFP)
    (c) Quality of the project design and evaluation plan for the 
proposed project (30 points).
    In determining the quality of the evaluation plan for the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which there is a conceptual framework underlying 
the proposed research or demonstration activities and the quality of 
that framework (5 points). (34 CFR 75.210)
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the proposed project, as described in the 
applicant's logic model, and that will produce quantitative and 
qualitative data by the end of the grant period (10 points). (2018 NFP)
    (3) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(5 points). (34 CFR 75.210)
    (4) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project (10 points). (34 CFR 75.210)
    (d) Quality of the project personnel and management plan (10 
points).
    (1) In determining the quality of project personnel, the Secretary 
considers 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.
    (2) In addition, in determining the quality of project personnel 
and management plan, the Secretary considers:
    (i) The qualifications, including relevant training and experience, 
of key project personnel (5 points). (34 CFR 75.210)
    (ii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project (5 
points). (34 CFR 75.210)
    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 (currently 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 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. 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).

[[Page 65142]]

    (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 annual 
performance reports that provide 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) Program Performance Measures. The 
program performance measures are: (1) The number of charter schools in 
operation around the Nation; (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; and (3) 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. Applicants 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 annual performance reports 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).

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 this 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. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: November 21, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-25739 Filed 11-25-19; 8:45 am]
 BILLING CODE 4000-01-P