[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31165-31175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11047]


-----------------------------------------------------------------------

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 (Developer 
Grants)

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2020 for 
CSP--Developer Grants, Catalog of Federal Domestic Assistance (CFDA) 
numbers 84.282B (for the opening of new charter schools) and 84.282E 
(for the replication and expansion of high-quality charter schools). 
This notice relates to the

[[Page 31166]]

approved information collection under OMB control number 1894-0006.

DATES: 
    Applications Available: May 19, 2020.
    Deadline for Notice of Intent to Apply: Applicants are strongly 
encouraged, but not required, to submit a notice of intent to apply by 
June 1, 2020.
    Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar for prospective applicants on 
Tuesday, May 26, 2020 from 2:00-4:00 p.m., Eastern Time.
    Deadline for Transmittal of Applications: June 19, 2020.
    Deadline for Intergovernmental Review: August 18, 2020.

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. 
Grants.gov has relaxed the requirement for applicants to have an active 
registration in the System for Award Management (SAM) in order to apply 
for funding during the COVID-19 pandemic. An applicant that does not 
have an active SAM registration can still register with Grants.gov, but 
must contact the Grants.gov Support Desk, toll-free, at 1-800-518-4726, 
in order to take advantage of this flexibility.

FOR FURTHER INFORMATION CONTACT: Leslie Hankerson, U.S. Department of 
Education, 400 Maryland Avenue SW, room 3E117, Washington, DC 20202-
5970. Telephone: (202) 205-8524. 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 authorizing process.
---------------------------------------------------------------------------

    \1\ Italicized terms are defined in the Definitions section of 
this notice.
---------------------------------------------------------------------------

    CSP--Developer Grants are intended to provide financial assistance 
for the planning, program design, and initial implementation of charter 
schools through awarding CSP Grants to Charter School Developers for 
the Opening of New Charter Schools and for the Replication and 
Expansion of High-Quality Charter Schools (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.
---------------------------------------------------------------------------

    \2\ All references to the ESEA in this notice are to the ESEA, 
as amended by the ESSA, unless otherwise noted.
---------------------------------------------------------------------------

    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 constitutes its own funding 
category. The Secretary intends to award grants under each CFDA number 
for applications that are sufficiently high quality.
    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.
    For more information on eligibility, please see section III.1 of 
this notice.
    Priorities: This notice includes five competitive preference 
priorities. Competitive Preference Priorities 1, 2, 3, and 4 are from 
the notice of final priorities, requirements, definitions, and 
selection criteria (NFP) for this program published in the Federal 
Register on July 3, 2019 (84 FR 31726). Competitive Preference Priority 
5 is from the notice of final priorities published in the Federal 
Register on March 9, 2020 (85 FR 13640) (Administrative Priorities).

    Note: In order to receive points under these competitive 
preference priorities, the applicant must identify the priority or 
priorities that it is addressing and provide documentation that 
supports the identified competitive preference priority or 
priorities.

    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.
    For CFDA number 84.282B, under 34 CFR 75.105(c)(2)(i), we will 
award an additional 7 points to an application that meets Competitive 
Preference Priority 1; up to an additional 7 points, depending on how 
well the application addresses Competitive Preference Priority 2; up to 
an additional 5 points to an application, depending on how well the 
application addresses Competitive Preference Priority 3; and an 
additional 3 points to an application that meets Competitive Preference 
Priority 5. The maximum number of competitive preference priority 
points an application for CFDA number 84.282B can receive under these 
priorities is 22.
    For CFDA number 84.282E, under 34 CFR 75.105(c)(2)(i), we will 
award an

[[Page 31167]]

additional 7 points to an application that meets Competitive Preference 
Priority 1; up to an additional 7 points, depending on how well the 
application addresses Competitive Preference Priority 2; up to an 
additional 5 points to an application, depending on how well the 
application addresses Competitive Preference Priority 3; and an 
additional 3 points to an application that meets Competitive Preference 
Priority 4. The maximum number of competitive preference priority 
points an application for CFDA number 84.282E can receive under these 
priorities is 22.
    These priorities are:
    Competitive Preference Priority 1--Rural Community. (0 or 7 points 
under CFDA numbers 84.282B and 84.282E).
    Under this priority, applicants must propose to open a new charter 
school or to replicate or expand a high-quality charter school in a 
rural community.
    Competitive Preference Priority 2--Spurring Investment in 
Opportunity Zones.
    Under this priority, an applicant must address one or both of the 
following priority areas:
    (a) Proposes 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). (0 or 3 points under CFDA numbers 84.282B and 
84.282E)
    In addressing paragraph (a) of this priority, 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.

    Note: Applicants may also determine whether a particular area is 
part of a qualified opportunity zone using the National Center of 
Education Statistics' map located at https://nces.ed.gov/programs/maped/LocaleLookup/.

    (b) Provide evidence in its application that it has 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 paragraph (b) of this priority, an applicant must 
identify the qualified opportunity fund from which it has received or 
will receive financial assistance. (0 or 4 points under CFDA numbers 
84.282B and 84.282E)
    Competitive Preference Priority 3--Opening a New Charter School or 
Replicating or Expanding a High-quality Charter School to Serve Native 
American Students. (Up to 5 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 4--Single School Operators. (0 or 3 
points under CFDA number 84.282E)
    Under this priority, applicants must provide evidence that the 
applicant currently operates one, and only one, charter school.
    Competitive Preference Priority 5--Applications from New Potential 
Grantees. (0 or 3 points under CFDA number 84.282B)
    Under this priority, an applicant must demonstrate that it has 
never received a grant, including through membership in a group 
application submitted in accordance with 34 CFR 75.127-75.129, under 
the program from which it seeks funds.
    Definitions:
    The following definitions are from sections 4310 and 8101 of the 
ESEA, section 602 of the IDEA, 34 CFR 77.1, and the 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;

[[Page 31168]]

    (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--
    (a) 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 title as ``emotional disturbance''), orthopedic impairments, 
autism, traumatic brain injury, other health impairments, or specific 
learning disabilities; and
    (ii) Who, by reason thereof, needs special education and related 
services.
    (b) 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 and section 602 of the IDEA)
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes. (34 CFR 77.1)
    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

[[Page 31169]]

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)
    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 pre-accreditation status by such an agency or association that 
has been recognized by the Secretary for the granting of pre-
accreditation 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 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)
    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)
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component (e.g., training teachers 
or instructional practices for English learners and follow-on coaching 
for these teachers). (34 CFR 77.1)
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program. (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.
---------------------------------------------------------------------------

    \3\ Under section 4305(c) of the ESEA, Developer Grants must 
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.''
---------------------------------------------------------------------------

    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) 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) 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) 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,

[[Page 31170]]

structural, or operational factors involving the management of the 
school (Section 4303(f)(1)(C)(i)(II) of the ESEA);
    (4) 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) 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) 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) 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) 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)
    (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

[[Page 31171]]

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 
NFP. (e) The Administrative Priorities.

    Note:  The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $7,500,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $150,000--$300,000 per year.
    Estimated Average Size of Awards: $225,000 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: 12-25.

    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 (as defined in 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 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\
---------------------------------------------------------------------------

    \4\ States in which a State entity currently has an approved CSP 
State Entity grant application under section 4303 of the ESEA that 
is actively running subgrant competitions are Alabama, Arizona, 
Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland, Michigan, 
Minnesota, Mississippi, New Hampshire, New Mexico, New York, North 
Carolina, Oklahoma, Rhode Island, Texas, Washington, 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), are California, District 
of Columbia, Florida, Georgia, Louisiana, Massachusetts, Nevada, 
Ohio, South Carolina, and Tennessee. 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, are California, District of Columbia, 
Massachusetts, Nevada, and Ohio. We will not consider applications 
from applicants in these States for grants for the replication or 
expansion of high-quality charter schools 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 must include in its application, a dated copy of its 
application to the authorized public chartering agency, and 
information 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 and beyond the grade levels or projected student count 
provided in the previous CSP award. 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: 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. 
Grants.gov has relaxed the requirement for applicants to have an active 
registration in SAM in order to apply for funding during the COVID-19 
pandemic. An applicant that does not have an active SAM registration 
can still register with Grants.gov, but must contact the Grants.gov 
Support Desk, toll-free, at 1-800-518-4726, in order to take advantage 
of this flexibility.

[[Page 31172]]

    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for this 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 program.
    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 the 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 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 of 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.
    6. Notice of Intent to Apply: The Department will be able to 
develop a more efficient process for reviewing grant applications if it 
has a better understanding of the number of entities that intend to 
apply for funding under this competition. Therefore, we strongly 
encourage each potential applicant to notify us of their intent to 
submit an application for funding by sending an email to 
[email protected] with FY 2020 CSP Developer Intent to Apply in the 
subject line, by June 1, 2020. Applicants that do not send a notice of 
intent to apply may still apply for funding.

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) Quality of the management plan (up to 30 points).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, 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). (34 CFR 75.210(g)(2)(i))
    (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 10 points). (34 CFR 75.210(g)(2)(iv))
    (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 5 points). 
(34 CFR 75.210(g)(2)(v))
    (2) Quality of the continuation plan (up to 10 points).

[[Page 31173]]

    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)
    (3) Significance of contribution in assisting educationally 
disadvantaged students (up to 20 points).
    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)
    (4) 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 proposed project demonstrates a 
rationale (as defined in 34 CFR 77.1(c)) (up to 10 points). (34 CFR 
75.210(c)(2)(xxix))
    (ii) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 10 points). (34 CFR 75.210(c)(2)(i))
    (iii) 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 (up to 5 points). (34 CFR 75.210(c)(2)(x))
    (5) Quality of the project personnel (up to 15 points).
    The Secretary considers the quality of the personnel who will carry 
out the proposed project.
    (i) 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 (up to 5 points). (34 CFR 
75.210(e)(2))
    (ii) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel 
(up to 10 points). (34 CFR 75.210(e)(3)(ii))
    (b) Selection Criteria for Replication and Expansion Grants (CFDA 
number 84.282E).
    (1) Quality of the eligible applicant (up to 30 points).
    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 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 (up to 10 points). (NFP)
    (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 with statutory or regulatory requirements; or have had 
their affiliation with the applicant revoked or terminated, including 
through voluntary disaffiliation (up to 10 points). (NFP)
    (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 
5 points). (NFP)
    (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) Quality of the continuation plan (up to 10 points).
    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)
    (3) Significance of contribution in assisting educationally 
disadvantaged students (up to 20 points).
    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)
    (4) 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 proposed project demonstrates a 
rationale (as defined in 34 CFR 77.1(c)) (up to 10 points). (34 CFR 
75.210(c)(2)(xxix))
    (ii) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 10 points). (34 CFR 75.210(c)(2)(i))
    (iii) 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 (up to 5 points). (34 CFR 75.210(c)(2)(x))
    (5) Quality of the project personnel and management plan (up to 15 
points).
    The Secretary considers the quality of the personnel who will carry 
out the proposed project and the management plan. In determining the 
quality of project personnel and the management plan, the Secretary 
considers the following factors:
    (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). (34 CFR 
75.210(e)(2))
    (ii) The qualifications, including relevant training and 
experience, of key project personnel (up to 10 points). (34 CFR 
75.210(e)(3)(i))
    (iii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the

[[Page 31174]]

proposed project (up to 3 points). (34 CFR 75.210(g)(2)(ii))
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(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 SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. 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.

[[Page 31175]]

    (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 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.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2020-11047 Filed 5-21-20; 8:45 am]
BILLING CODE 4000-01-P