[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Notices]
[Pages 8262-8266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02877]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Opportunity Scholarship Program

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 fiscal year (FY) 2020 for the District of 
Columbia Opportunity Scholarship Program (OSP), Catalog of Federal 
Domestic Assistance (CFDA) number 84.370A. This notice relates to the 
approved information collection under OMB control number 1855-0015.
    Applications Available: February 13, 2020.
    Deadline for Transmittal of Applications: March 30, 2020.
    Deadline for Intergovernmental Review: May 28, 2020.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common

[[Page 8263]]

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: Beth Yeh, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E335, Washington, DC 20202-
5960. Telephone: (202) 205-5798. 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 purpose of the OSP is to provide low-income 
parents residing in the District of Columbia, particularly parents of 
students who attend an elementary school or secondary school identified 
as one of the lowest-performing schools under the District of 
Columbia's accountability system, with expanded opportunities for 
enrolling their children in private schools in the District of 
Columbia.
    Background: The OSP was established in 2004 under the DC School 
Choice Incentive Act of 2003 (School Choice Incentive Act) (Title III 
of Division C of the Consolidated Appropriations Act, 2004; Pub. L. 
108-199; 118 Stat. 126-188 Stat. 134 (2004)). In 2011, Congress 
authorized the OSP under the Scholarships for Opportunity and Results 
(SOAR) Act of 2011, Pub. L. 112-10, 125 Stat. 199-125 Stat. 212 (2011). 
In 2017, Congress reauthorized the OSP under the SOAR Act (Division C 
of Pub. L. 112-10, as amended by Pub. L. 115-31; DC Code 38-
1853.01-.14).
    For FY 2020, the Department will award one grant to an eligible 
entity to administer the OSP. The grant will be awarded in the form of 
a cooperative agreement between the Department and the grantee. An 
applicant is expected to explain in its application, among other 
things, how it would do the following: (1) Recruit and select eligible 
scholarship applicants in years that scholarships are awarded; (2) 
serve scholarship students and families in a timely manner; (3) 
identify and work with participating schools; (4) monitor compliance of 
participating schools with program and reporting requirements; (5) 
maintain reliable data regarding the operation of the program; and (6) 
ensure appropriate coordination with the other entities that conduct 
activities related to this program.
    The Consolidated Appropriations Act, 2020, provides that up to 
$1,200,000 of the grant may be used for the combination of 
administrative expenses, parental assistance, and student academic 
assistance, notwithstanding the allowances specified in the SOAR Act. 
Conducting outreach to parents to raise awareness of the educational 
options available to their children is an important priority of this 
program and is consistent with the Secretary's Supplemental Priority 
1--Empowering Families and Individuals to Choose a High-Quality 
Education that Meets Their Unique Needs.
    Application Requirements: The following requirements are from 
section 3005(b) of the SOAR Act and apply to all applications submitted 
by eligible entities under this competition. Each entity's application 
must include a detailed description of--
    (1) How the entity will address the priorities described in section 
3006 of the SOAR Act;
    (2) How the entity will ensure that if more eligible students seek 
admission in the program of the entity than the program can 
accommodate, eligible students are selected for admission through a 
random selection process which gives weight to the priorities described 
in section 3006 of the SOAR Act;
    (3) How the entity will ensure that if more participating eligible 
students seek admission to a participating school than the school can 
accommodate, participating eligible students are selected for admission 
through a random selection process;
    (4) How the entity will notify parents of eligible students of the 
expanded choice opportunities in order to allow the parents to make 
informed decisions;
    (5) The activities that the entity will carry out to provide 
parents of eligible students with expanded choice opportunities through 
the awarding of scholarships under section 3007(a) of the SOAR Act;
    (6) How the entity will determine the amount that will be provided 
to parents under section 3007(a)(2) of the SOAR Act for the payment of 
tuition, fees, and transportation expenses, if any;
    (7) How the entity will seek out private elementary schools and 
secondary schools in District of Columbia to participate in the 
program;
    (8) How the entity will ensure that each participating school will 
meet the reporting and other program requirements under the SOAR Act;
    (9) How the entity will ensure that participating schools submit to 
site visits by the entity as determined to be necessary by the entity;
    (10) How the entity will ensure that participating schools are 
financially responsible and will use the funds received under section 
3007 of the SOAR Act effectively;
    (11) How the entity will ensure the financial viability of 
participating schools in which 85 percent or more of the total number 
of students enrolled at the school are participating eligible students 
that receive and use an opportunity scholarship;
    (12) How the entity will address the renewal of scholarships to 
participating eligible students, including continued eligibility;
    (13) How the entity will ensure that a majority of its voting board 
members or governing organization are residents of District of 
Columbia;
    (14) How that the entity will ensure that it will comply with all 
requests regarding any evaluation carried out under section 3009(a) of 
the SOAR Act; and
    (15) How the eligible entity will ensure that it utilizes internal 
fiscal and quality controls and complies with applicable financial 
reporting requirements.
    In addition to the statutory application requirements, we encourage 
applicants to include a description of (1) how they will provide 
information to parents on the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.) provisions that do or do not apply when a 
student with a disability is moved from a public school to a private 
school by their parents and (2) if applicable, how they intend to spend 
funds reserved for administrative expenses, parental assistance and 
student academic assistance.
    Definitions: The definitions for ``Elementary school,'' ``Parent,'' 
and ``Secondary school'' are from section 3013 of the SOAR Act. The 
definition for ``nonprofit'' is from 34 CFR 77.1(c).
    Elementary school means an institutional day or residential school, 
including a public elementary charter school, that provides elementary 
education, as determined under District of Columbia law.
    Nonprofit, as applied to an agency, organization, or institution, 
means that it is owned and operated by one or more corporations or 
associations whose net earnings do not benefit, and cannot lawfully 
benefit, any private shareholder or entity.
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person

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who is legally responsible for the child's welfare).
    Secondary school means an institutional day or residential school, 
including a public secondary charter school, that provides secondary 
education, as determined under District of Columbia law, except that 
the term does not include any education beyond grade 12.
    Program Authority: SOAR Act (Division C of Pub. L. 112-10, as 
amended by Pub. L. 115-31; DC Code 38-1853.01-.14).
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Government wide 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.

II. Award Information

    Type of Award: Cooperative agreement.
    Estimated Available Funds: $17,000,000.
    Estimated Number of Awards: 1.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: To be eligible for an OSP grant, an entity 
must be either a nonprofit organization or a consortium of nonprofit 
organizations.
    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.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the 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 the OSP 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. 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 
competition.
    4. Funding Restrictions: We reference 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 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.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all the selection 
criteria is 100 points. The maximum score for each criterion is 
indicated in parentheses. Each criterion also includes the factors that 
reviewers will consider in determining the extent to which an applicant 
meets the criterion. In addressing each criterion, applicants are 
encouraged to make explicit connections to relevant aspects of 
responses to other selection criteria.
    (a) Quality of project services (20 points).
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the extent to which the 
services to be provided by the proposed
    project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (b) Quality of project personnel (25 points).
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) 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.
    (3) In addition, the Secretary considers:
    (i) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (ii) The qualifications, including relevant training and 
experience, of key project personnel.
    (c) Adequacy of resources (20 points).
    (1) The Secretary considers the adequacy of resources for the 
proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers:
    (i) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (ii) The extent to which the budget is adequate to support the 
proposed project.
    (d) Quality of the management plan (35 points).

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    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers:
    (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.
    (ii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project.
    (iii) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive cooperative agreement 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. 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.
    4. Performance Measures: The long-term performance indicator for 
this program is whether, at the end of the program, the student 
achievement gains of participating eligible students are greater than 
those of students in control or comparison groups. Data for the 
performance measure will be collected through the program evaluation.
    5. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. 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

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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.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2020-02877 Filed 2-12-20; 8:45 am]
 BILLING CODE 4000-01-P