[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40204-40217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14442]



[[Page 40204]]

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

DEPARTMENT OF EDUCATION


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

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

ACTION: Notice.

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

SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2022 for CSP Grants to State 
Entities, Assistance Listing Number (ALN) number 84.282A.

DATES: 
    Applications Available: July 6, 2022.
    Deadline for Transmittal of Applications: August 5, 2022.
    Deadline for Intergovernmental Review: September 6, 2022.

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 December 27, 2021 (86 FR 73264), and available at 
www.federalregister.gov/d/2021-27979. Please note that these Common 
Instructions supersede the version published on February 13, 2019, and, 
in part, describe the transition from the requirement to register in 
SAM.gov, a Data Universal Numbering System (DUNS) number, to the 
implementation of the Unique Entity Identifier (UEI). More information 
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.

FOR FURTHER INFORMATION CONTACT: Jill Gaitens, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970. 
Telephone: (202) 205-1224. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The CSP State Entity program, ALN 84.282A, is 
authorized under Title IV, Part C of the Elementary and Secondary 
Education Act of 1965, as amended by the Every Student Succeeds Act 
(ESEA) (20 U.S.C. 7221-7221j). Through the CSP State Entity 
competition, the Department awards grants to State entities that, in 
turn, award subgrants to eligible applicants for the purpose of opening 
new charter schools and replicating and expanding high-quality charter 
schools. State entities also may use grant funds to provide technical 
assistance to eligible applicants and authorized public chartering 
agencies in opening new charter schools and replicating and expanding 
high-quality charter schools, and to work with authorized public 
chartering agencies in the State to improve authorizing quality, 
including developing capacity for, and conducting, fiscal oversight and 
auditing of charter schools. State Entity grant funds may also be used 
for grant administration, which may include technical assistance and 
monitoring of subgrants for performance and fiscal and regulatory 
compliance, as required under 2 CFR 200.332(d).
    The CSP State Entity program provides financial assistance to State 
entities to support charter schools that serve elementary and secondary 
school students in a given State. Charter schools receiving funds under 
the CSP State Entity program also may serve students in early childhood 
education programs or postsecondary students.
    Background: The major purposes of the CSP are to expand 
opportunities for all students, particularly traditionally underserved 
students, to attend public charter schools and meet challenging State 
academic standards; provide financial assistance for the planning, 
program design, and initial implementation of charter schools; increase 
the number of high-quality charter schools available to students across 
the United States; evaluate the impact of charter schools on student 
achievement, families, and communities; share best practices between 
charter schools and other public schools; encourage States to provide 
facilities support to charter schools; and support efforts to 
strengthen the charter school authorizing process.
    We have published elsewhere in this issue of the Federal Register a 
notice of final priorities, requirements, definitions, and selection 
criteria (2022 NFP) for use in this and future State Entity program 
competitions. The 2022 NFP supplements the program statute and is 
intended to help ensure the creation, replication, and expansion of 
high-quality charter schools that promote positive student outcomes, 
educator and community empowerment, and promising practices; and to 
promote school diversity. We also seek to promote greater fiscal and 
operational transparency and accountability for CSP-funded charter 
schools. In addition, and based on our experiences administering the 
CSP, we believe the application requirements and assurances associated 
with subgrant monitoring and the review of subgrant applications will 
help facilitate the proper peer review and evaluation of CSP grant 
applications. The priorities, application requirements, assurances, 
selection criteria, and definitions in this notice are designed to 
increase access to high-quality, diverse, and equitable learning 
opportunities in their communities, which should be a goal of all 
public schools.
    Priorities: This notice includes one absolute priority, five 
competitive preference priorities, and one invitational priority. In 
accordance with 34 CFR 75.105(b)(2)(ii), the absolute priority and 
competitive preference priorities 1-5 are from section 4303(g)(2) of 
the ESEA (20 U.S.C. 7221b(g)(2)).
    Absolute Priority: For FY 2022 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3) we consider only applications that meet the absolute 
priority.
    This priority is:
    Best Practices for Charter School Authorizers.
    To meet this priority, an applicant must demonstrate that the State 
entity has taken steps to ensure that all authorized public chartering 
agencies implement best practices for charter school authorizing.
    Competitive Preference Priorities: For FY 2022 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award 1 additional point 
to an application that meets Competitive Preference Priority 1; 2 
additional points to an application that meets Competitive Preference 
Priority 2; 1 additional point to an application that meets Competitive 
Preference Priority 3; up to 3 additional points to an application that 
meets Competitive Preference Priority 4; and up to 3 additional points 
to an application that meets Competitive Preference Priority 5.
    Applicants must identify on the abstract form and in the project 
narrative section of its application the priority or priorities it 
wishes the Department to consider for purposes of earning the 
competitive preference priority points. The Department will not review 
or award points for any

[[Page 40205]]

competitive preference priority for an application that fails to 
clearly identify the competitive preference priority or priorities it 
wishes the Department to consider for purposes of earning the 
competitive preference priority points. An application may receive a 
total of up to 10 additional points under the competitive preference 
priorities.
    These priorities are:
    Competitive Preference Priority 1--At Least One Authorized Public 
Chartering Agency Other than a Local Educational Agency, or an Appeals 
Process (0 or 1 points).
    To meet this priority, an applicant must demonstrate that it is 
located in a State that--
    (a) Allows at least one entity that is not a local educational 
agency (LEA) to be an authorized public chartering agency for 
developers seeking to open a charter school in the State; or
    (b) In the case of a State in which LEAs are the only authorized 
public chartering agencies, the State has an appeals process for the 
denial of an application for a charter school.
    Competitive Preference Priority 2--Equitable Financing (Up to 2 
points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which the State 
entity is located ensures equitable financing, as compared to 
traditional public schools, for charter schools and students in a 
prompt manner.
    Competitive Preference Priority 3--Best Practices to Improve 
Struggling Schools and LEAs (0 or 1 point).
    To meet this priority, an applicant must demonstrate that the State 
entity is located in a State that uses best practices from charter 
schools to help improve struggling schools and LEAs.
    Competitive Preference Priority 4--Charter School Facilities (up to 
3 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which the State 
entity is located provides charter schools one or more of the 
following:
    (a) Funding for facilities.
    (b) Assistance with facilities acquisition.
    (c) Access to public facilities.
    (d) The ability to share in bonds or mill levies.
    (e) The right of first refusal to purchase public school buildings.
    (f) Low- or no-cost leasing privileges.
    Competitive Preference Priority 5--Serving At-Risk Students (up to 
3 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State entity supports charter 
schools that serve at-risk students through activities such as dropout 
prevention, dropout recovery, or comprehensive career counseling 
services.
    Invitational Priority: For FY 2022 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1), we do not give an application that meets this 
invitational priority any preference over other applications.
    This priority is:
    Invitational Priority--Collaborations between Charter Schools and 
Traditional Public Schools or Districts that Benefit Students and 
Families across Schools.
    (a) The Secretary is particularly interested in funding 
applications that propose to encourage, but not require, eligible 
applicants to propose projects that include a new collaboration, or the 
continuation of an existing collaboration, with at least one 
traditional public school or traditional school district that is 
designed to benefit students or families served by at least one member 
of the collaboration, is designed to lead to increased and improved 
educational opportunities for students served by at least one member of 
the collaboration, and includes implementation of one or more of the 
following--
    (1) Co-developed or shared curricular and instructional resources 
or academic course offerings.
    (2) Professional development opportunities for teachers and other 
educators, which may include professional learning communities, 
opportunities for teachers to earn additional certifications, such as 
in a high-need area or national board certification, and partnerships 
with educator preparation programs to support teaching residencies.
    (3) Evidence-based (as defined in section 8101(21) of the ESEA) 
practices to improve academic performance for underserved students.
    (4) Policies and practices to create safe, supportive, and 
inclusive learning environments, such as systems of positive behavioral 
intervention and support.
    (5) Transparent enrollment and retention practices and processes 
that include clear and consistent disclosure to families of policies or 
requirements (e.g., discipline policies, purchasing and wearing 
specific uniforms and other fees, or family participation), and any 
services that are or are not provided that could impact a family's 
ability to enroll or remain enrolled (e.g., transportation services or 
participation in the National School Lunch Program).
    (6) A shared transportation plan and system that reduces 
transportation costs for members of the collaboration and takes into 
consideration various transportation options, including public 
transportation and district-provided or shared transportation options, 
cost-sharing or free or reduced-cost fare options, and any distance 
considerations for prioritized bus services.
    (7) A shared special education collaborative designed to address a 
significant barrier or challenge faced by participating charter schools 
and traditional public schools in improving academic or developmental 
outcomes and services for students with disabilities (as defined in 
section 8101 of the ESEA);
    (8) A shared English learner collaborative designed to address a 
significant barrier or challenge faced by participating charter schools 
or traditional public schools in improving academic outcomes for 
English learners (as defined in section 8101 of the ESEA); or
    (9) Other collaborations, such as the sharing of innovative and 
best practices, designed to address a significant barrier or challenge 
faced by participating charter schools or traditional public schools 
and designed to improve academic outcomes for all students served by 
members of the collaboration.
    (b) The State entity certifies that it will ask each eligible 
applicant that proposes a project that includes such a collaboration 
to--
    (1) Provide in its subgrant application a description of the 
collaboration that--
    (i) Describes each member of the collaboration and whether the 
collaboration would be a new or existing commitment;
    (ii) States the purpose and duration of the collaboration;
    (iii) Describes the anticipated roles and responsibilities of each 
member of the collaboration;
    (iv) Describes how the collaboration will benefit one or more 
members of the collaboration, including how it will benefit students or 
families affiliated with a member and lead to increased or improved 
educational opportunities for students, and meet specific and 
measurable, if applicable, goals;
    (vi) Describes the resources members of the collaboration will 
contribute; and
    (vii) Contains any other relevant information; and
    (2) Within 120 days of receiving a subgrant award or within 120 
days of the date the collaboration is scheduled

[[Page 40206]]

to begin, whichever is later, provide evidence of participation in the 
collaboration (which may include, but is not required to include, an 
MOU).
    Application Requirements:
    These application requirements are from section 4303(f) of the ESEA 
(20 U.S.C. 7221b(f)) and from the 2022 NFP. The Department will not 
fund an application that does not meet each application requirement.
    In addressing the application requirements, applicants must clearly 
identify which application requirement they are addressing. An 
applicant must address requirements (a)(1)(i), (a)(1)(vii), (a)(1)(ix), 
(a)(2)(ii), and (a)(2)(iii) in its response to paragraph (a)(1) of the 
Quality of the Project Design selection criterion; requirement (a)(8) 
in its response to paragraph (a)(4) of the Quality of the Project 
Design selection criterion; requirements (a)(1)(ii), (a)(1)(xiii), 
(a)(3)(i), (a)(3)(ii), (a)(3)(iii), (a)(5), and (a)(7) in its response 
to the Quality of Eligible Subgrant Applicants selection criterion; 
requirements (a)(1)(vi), (a)(1)(x), and (a)(9) in its response to 
paragraph (c)(1) of the State Plan selection criterion; requirements 
(a)(1)(iii), (a)(1)(iv), (a)(1)(viii), and (a)(1)(xi) in its response 
to paragraph (c)(3) of the State Plan selection criterion; and 
requirement (a)(4) in its response to paragraph (d)(1) of the Quality 
of the Management Plan selection criterion. An applicant must respond 
to the application requirements in paragraph (a) that are not listed 
above in the Project Narrative.
    Applications for funding under the CSP State Entity program must 
contain the following:
    (a) Description of Program--A description of the State entity's 
objectives in running a quality charter school program and how the 
objectives of the program will be carried out, including--
    (1) A description of how the State entity will--
    (i) Support the opening of charter schools through the startup of 
new charter schools and, if applicable, the replication of high-quality 
charter schools, and the expansion of high-quality charter schools 
(including the proposed number of new charter schools to be opened, 
high-quality charter schools to be opened as a result of the 
replication of a high-quality charter school, or high-quality charter 
schools to be expanded under the State entity's program) (4303(f));
    (ii) Inform eligible charter schools, developers, and authorized 
public chartering agencies of the availability of funds under the 
program (4303(f));
    (iii) Work with eligible applicants to ensure that the eligible 
applicants access all Federal funds that such applicants are eligible 
to receive, and help the charter schools supported by the applicants 
and the students attending those charter schools--
    (A) Participate in the Federal programs in which the schools and 
students are eligible to participate;
    (B) Receive the commensurate share of Federal funds the schools and 
students are eligible to receive under such programs; and
    (C) Meet the needs of students served under such programs, 
including students with disabilities and English learners (4303(f));
    (iv) Ensure that authorized public chartering agencies, in 
collaboration with surrounding LEAs where applicable, establish clear 
plans and procedures to assist students enrolled in a charter school 
that closes or loses its charter to attend other high-quality schools 
(4303(f));
    (v) In the case of a State entity that is not a State educational 
agency (SEA)--
    (A) Work with the SEA and charter schools in the State to maximize 
charter school participation in Federal and State programs for which 
charter schools are eligible; and
    (B) Work with the SEA to operate the State entity's program under 
section 4303 of the ESEA, if applicable (4303(f));
    (vi) Ensure that each eligible applicant that receives a subgrant 
under the State entity's program--
    (A) Is using funds provided under this program for one of the 
activities described in section 4303(b)(1) of the ESEA; and
    (B) Is prepared to continue to operate charter schools funded under 
section 4303 of the ESEA in a manner consistent with the eligible 
applicant's application for such subgrant once the subgrant funds under 
this program are no longer available (4303(f));
    (vii) Support--
    (A) Charter schools in LEAs with a significant number of schools 
identified by the State for comprehensive support and improvement under 
section 1111(c)(4)(D)(i) of the ESEA; and
    (B) The use of charter schools to improve struggling schools, or to 
turn around struggling schools (4303(f));
    (viii) Work with charter schools on--
    (A) Recruitment and enrollment practices to promote inclusion of 
all students, including by eliminating any barriers to enrollment for 
educationally disadvantaged students (who include foster youth and 
unaccompanied homeless youth); and
    (B) Supporting all students once they are enrolled to promote 
retention, including by reducing the overuse of discipline practices 
that remove students from the classroom (4303(f));
    (ix) Share best and promising practices between charter schools and 
other public schools (4303(f));
    (x) Ensure that charter schools receiving funds under the State 
entity's program meet the educational needs of their students, 
including children with disabilities and English learners (4303(f));
    (xi) Support efforts to increase charter school quality 
initiatives, including meeting the quality authorizing elements 
described in section 4303(f)(2)(E) of the ESEA (4303(f));
    (xii)(A) In the case of a State entity that is not a charter school 
support organization, a description of how the State entity will 
provide oversight of authorizing activity, including how the State will 
help ensure better authorizing, such as by establishing authorizing 
standards that may include approving, monitoring, and re-approving or 
revoking the authority of an authorized public chartering agency based 
on the performance of the charter schools authorized by such agency in 
the areas of student achievement, student safety, financial and 
operational management, and compliance with all applicable statutes and 
regulations; and
    (B) In the case of a State entity that is a charter school support 
organization, a description of how the State entity will work with the 
State to support the State's system of technical assistance and 
oversight, as described in paragraph (xii)(A), of the authorizing 
activity of authorized public chartering agencies (4303(f)); and
    (xiii) Work with eligible applicants receiving a subgrant under the 
State entity's program to support the opening of new charter schools or 
charter school models described in application requirement (a)(1)(i) 
that are high schools (4303(f));
    (2) A description of the extent to which the State entity--
    (i) Is able to meet and carry out Competitive Preference Priorities 
1 through 5; \1\
---------------------------------------------------------------------------

    \1\ In accordance with 34 CFR 105(c)(2)(i), applications are not 
required to address competitive preference priorities but may 
receive additional points if they do so. However, to meet this 
application requirement, the State entity must describe the extent 
to which it is able to meet and carry out competitive preference 
priorities 1 through 5. If the State entity is unable to meet and 
carry out one or more of these competitive preference priorities, 
the description for that priority should state that the State entity 
is unable to meet or carry out the priority.
---------------------------------------------------------------------------

    (ii) Is working to develop or strengthen a cohesive statewide 
system to support the opening of new charter

[[Page 40207]]

schools and, if applicable, the replication of high-quality charter 
schools, and the expansion of high-quality charter schools; and
    (iii) Is working to develop or strengthen a cohesive strategy to 
encourage collaboration between charter schools and LEAs on the sharing 
of best practices (4303(f));
    (3) A description of how the State entity will award subgrants, on 
a competitive basis, including--
    (i) A detailed description of how the State entity will review 
applications from eligible applicants, including--
    (A) How eligibility will be determined;
    (B) How peer reviewers will be recruited and selected, including 
efforts the applicant will make to recruit peer reviewers from diverse 
backgrounds and underrepresented groups;
    (C) How subgrant applications will be reviewed and evaluated;
    (D) How cost analyses and budget reviews will be conducted to 
ensure that costs are necessary, reasonable, and allocable to the 
subgrant;
    (E) How applicants will be assessed for risk (i.e., fiscal, 
programmatic, compliance); and
    (F) How funding decisions will be made (2022 NFP);
    (ii) A description of the application each eligible applicant 
desiring to receive a subgrant will be required to submit, which 
application must include the following:
    (A) A description of the roles and responsibilities of eligible 
applicants, partner organizations, and charter management organizations 
(CMO), including the administrative and contractual roles and 
responsibilities of such partners (4303(f));
    (1) For any existing or proposed contract between a charter and a 
for-profit management organization (including a nonprofit management 
organization operated by or on behalf of a for-profit entity), without 
regard to whether the management organization or its related entities 
exercises full or substantial administrative control over the charter 
school or the CSP project, the applicant must provide the following 
information or equivalent information that the applicant has submitted 
to the authorized public chartering agency--
    (A) A copy of the existing contract with the for-profit management 
organization or a description of the terms of the contract, including 
the name and contact information of the management organization; the 
cost (i.e., fixed costs and estimates of any ongoing costs or fees), 
including the amount of CSP funds proposed to be used toward such cost, 
and the percentage such cost represents of the school's overall 
funding; the duration; roles and responsibilities of the management 
organization; and steps the applicant will take to ensure that it pays 
fair market value for any services or other items purchased or leased 
from the management organization, makes all programmatic decisions, 
maintains control over all CSP funds, and directly administers or 
supervises the administration of the grant in accordance with 34 CFR 
75.701;
    (B) A description of any business or financial relationship between 
the charter school developer and the management organization, including 
payments, contract terms, and any property owned, operated, or 
controlled by the management organization or related individuals or 
entities that will be used by the charter school;
    (C) The name and contact information for each member of the 
governing board of the charter school and a list of the management 
organization's officers, chief administrator, or other administrators, 
and any staff involved in approving or executing the management 
contract; and a description of any actual or perceived conflicts of 
interest, including financial interests, and how the applicant will 
resolve any actual or perceived conflicts of interest to ensure 
compliance with 2 CFR 200.318(c);
    (D) A description of how the applicant will ensure that members of 
the governing board of the charter school are not selected, removed, 
controlled, or employed by the management organization and that the 
charter school's legal, accounting, and auditing services will be 
procured independently from the management organization;
    (E) An explanation of how the applicant will ensure that the 
management contract is severable, severing the management contract will 
not cause the proposed charter school to close, the duration of the 
management contract will not extend beyond the expiration date of the 
school's charter, and renewal of the management contract will not occur 
without approval and affirmative action by the governing board of the 
charter school; and
    (F) A description of the steps the applicant will take to ensure 
that it maintains control over all student records and has a process in 
place to provide those records to another public school or school 
district in a timely manner upon the transfer of a student from the 
charter school to another public school, including due to closure of 
the charter school, in accordance with section 4308 of the ESEA (2022 
NFP).
    (B) A description of the quality controls agreed to between the 
eligible applicant and the authorized public chartering agency 
involved, such as a contract or performance agreement, how a school's 
performance in the State's accountability system and impact on student 
achievement (which may include student academic growth) will be one of 
the most important factors for renewal or revocation of the school's 
charter, and how the State entity and the authorized public chartering 
agency involved will reserve the right to revoke or not renew a 
school's charter based on financial, structural, or operational factors 
involving the management of the school (4303(f));
    (C) A description of how the autonomy and flexibility granted to a 
charter school is consistent with the definition of charter school in 
section 4310 of the ESEA (4303(f));
    (D) A description of how the eligible applicant will solicit and 
consider input from parents and other members of the community on the 
implementation and operation of each charter school that will receive 
funds under the State entity's program (4303(f));
    (E) A description of the eligible applicant's planned activities 
and expenditures of subgrant funds to support opening and preparing for 
the operation of new charter schools, opening and preparing for the 
operation of replicated high-quality charter schools, or expanding 
high-quality charter schools, and how the eligible applicant will 
maintain financial sustainability after the end of the subgrant period 
(4303(f));
    (F) A description of how the eligible applicant will support the 
use of effective parent, family, and community engagement strategies to 
operate each charter school that will receive funds under the State 
entity's program (4303(f)); and
    (G) A needs analysis and description of the need for the proposed 
project, including how the proposed project would serve the interests 
and meet the needs of students and families in the communities the 
charter school intends to serve. The needs analysis, which may consist 
of information and documents previously submitted to an authorized 
public chartering agency to address need, must include, but is not 
necessarily limited to, the following:
    (1) Descriptions of the local community support, including 
information that demonstrates interest in, and need for, the charter 
school; benefits to the community; and other evidence of demand for the 
charter

[[Page 40208]]

school that demonstrates a strong likelihood the charter school will 
achieve and maintain its enrollment projections. Such information may 
include information on waiting lists for the proposed charter school or 
existing charter schools or traditional public schools; data on access 
to seats in high-quality public schools in the districts from which the 
charter school expects to draw students; and family interest in 
specialized instructional approaches proposed to be implemented at the 
charter school.
    (2) Information on the proposed charter school's projected student 
enrollment, and evidence to support the projected enrollment based on 
the needs analysis and other relevant data and factors, such as the 
methodology and calculations used.
    (3) An analysis of the proposed charter school's projected student 
demographics and a description of the demographics of students 
attending public schools in the local community in which the charter 
school would be located and the school districts from which the 
students are, or would be, drawn to attend the charter school; a 
description of how the applicant plans to establish and maintain a 
racially and socio-economically diverse student body, including 
proposed strategies (that are consistent with applicable legal 
requirements) to recruit, admit, enroll, and retain a diverse student 
body. An applicant that is unlikely to establish and maintain a 
racially and socio-economically diverse student body at the proposed 
charter school because the charter school would be located in a 
racially or socio-economically segregated or isolated community, or due 
to the charter school's specific education mission, must describe--
    (A) Why it is unlikely to be able to establish and maintain a 
racially and socio-economically diverse student body at the proposed 
charter school;
    (B) How the anticipated racial and socio-economic makeup of the 
student body would promote the purposes of the CSP to provide high-
quality educational opportunities to all students, which may include a 
specialized educational program or mission; and
    (C) The anticipated impact of the proposed charter school on the 
racial and socio-economic diversity of the public schools and school 
districts from which students would be drawn to attend the charter 
school.
    (4) A robust family and community engagement plan designed to 
ensure the active participation of families and the community that 
includes the following:
    (A) How families and the community were, are, or will be engaged in 
determining the vision and design for the charter school, including 
specific examples of how families' and the community's input was, is, 
or is expected to be incorporated into the vision and design for the 
charter school.
    (B) How the charter school will meaningfully engage with both 
families and the community to create strong and ongoing partnerships.
    (C) How the charter school will foster a collaborative culture that 
involves the families of all students, including underserved students, 
in ensuring their ongoing input in school decision-making.
    (D) How the charter school's recruitment, admissions, enrollment, 
and retention processes will engage and accommodate families from 
various backgrounds, including English learners, students with 
disabilities, and students of color, including by holding enrollment 
and recruitment events on weekends or during non-standard work hours, 
making interpreters available, and providing enrollment and recruitment 
information in widely accessible formats (e.g., hard copy and online in 
multiple languages; as appropriate, large print or braille for 
visually-impaired individuals) through widely available and transparent 
means (e.g., online and at community locations).
    (E) How the charter school has engaged or will engage families and 
the community to develop an instructional model to best serve the 
targeted student population and their families, including students with 
disabilities and English learners.
    (5) How the plans for the operation of the charter school will 
support and reflect the needs of students and families in the 
community, including consideration of district or community assets and 
how the school's location, or anticipated location if a facility has 
not been secured, will facilitate access for the targeted student 
population (e.g., access to public transportation or other 
transportation options, the demographics of neighborhoods within 
walking distance of the school, and transportation plans and costs for 
students who are not able to walk or use public transportation to 
access the school).
    (6) A description of the steps the applicant has taken or will take 
to ensure that the proposed charter school (A) would not hamper, delay, 
or negatively affect any desegregation efforts in the community in 
which the charter school would be located and the public school 
districts from which students are, or would be, drawn to attend the 
charter school, including efforts to comply with a court order, 
statutory obligation, or voluntary efforts to create and maintain 
desegregated public schools; and (B) to ensure that the proposed 
charter school would not otherwise increase racial or socio-economic 
segregation or isolation in the schools from which the students are, or 
would be, drawn to attend the charter school. (2022 NFP).
    (iii)(A) A description of how the State entity, in awarding 
subgrants to eligible applicants, will give priority to eligible 
applicants that propose projects that include the creation, 
replication, or expansion of a high-quality charter school that is 
developed and implemented--
    (1) With meaningful and ongoing engagement with current or former 
teachers and other educators; and
    (2) Using a community-centered approach that includes an assessment 
of community assets, informs the development of the charter school, and 
includes the implementation of protocols and practices designed to 
ensure that the charter school will use and interact with community 
assets on an ongoing basis to create and maintain strong community 
ties.
    (B) In its application, an applicant must provide a high-quality 
plan that demonstrates how its proposed project would meet the 
requirements in paragraph (iii)(A) of the Promoting High-Quality 
Educator- and Community-Centered Charter Schools to Support Underserved 
Students priority, accompanied by a timeline for key milestones that 
span the course of planning, development, and implementation of the 
charter school.
    (4) In the case of a State entity that partners with an outside 
organization to carry out the State entity's quality charter school 
program, in whole or in part, a description of the roles and 
responsibilities of the partner (4303(f));
    (5) A description of how the State entity will ensure that each 
charter school receiving funds under the State entity's program has 
considered and planned for the transportation needs of the school's 
students (4303(f));
    (6) A description of how the State in which the State entity is 
located addresses charter schools in the State's open meetings and open 
records laws (4303(f));
    (7) A description of how the State entity will support diverse 
charter school models, including models that serve rural communities 
(4303(f));
    (8) Evidence to support the requested funds and projected 
enrollment, such as explanations regarding the methodology and 
calculations (2022 NFP); and

[[Page 40209]]

    (9) A description, including a timeline, of how the State entity 
will monitor and report on subgrant performance in accordance with 2 
CFR 200.329, and address and mitigate subgrantee risk, including--
    (i) How subgrantees will be selected for in-depth monitoring, 
including factors that indicate higher risk (e.g., charter schools that 
have management contracts with for-profit EMOs, virtual charter 
schools, and charter schools with a history of poor performance);
    (ii) How identified subgrantee risk will be addressed;
    (iii) How subgrantee expenditures will be monitored;
    (iv) How monitors will be trained;
    (v) How monitoring findings will be shared with subgrantees;
    (vi) How corrective action plans will be used to resolve monitoring 
findings;
    (vii) How the State entity will ensure transparency so that 
monitoring findings and corrective action plans are available to 
families and the public; and
    (viii) How the State entity will work with authorized public 
chartering agencies to share information regarding the monitoring of 
subgrantees, including in areas related to fiscal protocols and 
organizational governance, for the purpose of reducing the reporting 
burden on charter schools (2022 NFP).
    (b) Assurances--Assurances by the State entity that--
    (1) Each charter school receiving funds through the State entity's 
program will have a high degree of autonomy over budget and operations, 
including autonomy over personnel decisions (4303(f));
    (2) The State entity will support charter schools in meeting the 
educational needs of their students, including children with 
disabilities and English learners (4303(f));
    (3) The State entity will ensure that the authorized public 
chartering agency of any charter school that receives funds under the 
State entity's program adequately monitors each charter school under 
the authority of such agency in recruiting, enrolling, retaining, and 
meeting the needs of all students, including children with disabilities 
and English learners (4303(f));
    (4) The State entity will provide adequate technical assistance to 
eligible applicants to meet the objectives described in application 
requirement (a)(1)(8) (4303(f));
    (5) The State entity will promote quality authorizing, consistent 
with State law, such as through providing technical assistance to 
support each authorized public chartering agency in the State to 
improve such agency's ability to monitor the charter schools authorized 
by the agency, including by--
    (i) Assessing annual performance data of the schools, including, as 
appropriate, graduation rates, student academic growth, and rates of 
student attrition;
    (ii) Reviewing the schools' independent, annual audits of financial 
statements prepared in accordance with generally accepted accounting 
principles and ensuring that any such audits are publicly reported; and
    (iii) Holding charter schools accountable to the academic, 
financial, and operational quality controls agreed to between the 
charter school and the authorized public chartering agency involved, 
such as renewal, non-renewal, or revocation of the school's charter 
(4303(f));
    (6) The State entity will work to ensure that charter schools are 
included with the traditional public schools in decision-making about 
the public school system in the State (4303(f));
    (7) The State entity will ensure that each charter school receiving 
funds under the State entity's program makes publicly available, 
consistent with the dissemination requirements of the annual State 
report card under section 1111(h) of the ESEA, including on the 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 statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student (4303(f)).
    (8) The State Entity will ensure that each charter school receiving 
CSP funding has not and will not enter into a contract with a for-
profit management organization, including a nonprofit management 
organization operated by or on behalf of a for-profit entity, under 
which the management organization, or its related entities, exercises 
full or substantial administrative control over the charter school and, 
thereby, the CSP project (2022 NFP).
    (9) Each charter school receiving CSP funding will provide an 
assurance that any management contract between the charter school and a 
for-profit management organization, including a nonprofit CMO operated 
by or on behalf of a for-profit entity, guarantees or will guarantee 
that--
    (i) The charter school maintains control over all CSP funds, makes 
all programmatic decisions, and directly administers or supervises the 
administration of the subgrant;
    (ii) The management organization does not exercise full or 
substantial administrative control over the charter school (and, 
thereby, the CSP project), except that this does not limit the ability 
of a charter school to enter into a contract with a management 
organization for the provision of services that do not constitute full 
or substantial control of the charter school project funded under the 
CSP (e.g., food services or payroll services) and that otherwise comply 
with statutory and regulatory requirements;
    (iii) The charter school's governing board has access to financial 
and other data pertaining to the charter school, the management 
organization, and any related entities; and
    (iv) The charter school is in compliance with applicable Federal 
and State laws and regulations governing conflicts of interest, and 
there are no actual or perceived conflicts of interest between the 
charter school and the management organization (2022 NFP).
    (10) Each charter school receiving CSP funding will post on its 
website, on an annual basis, a copy of any management contract between 
the charter school and a for-profit management organization, including 
a nonprofit management organization operated by or on behalf of a for-
profit entity, and report information on such contract to the State 
entity, including--
    (i) A copy of the existing contract with the for-profit 
organization or a detailed description of the terms of the contract, 
including the name and contact information of the management 
organization, the cost (i.e., fixed costs and estimates of any ongoing 
cost), including the amount of CSP funds proposed to be used toward 
such cost, and the percentage such cost represents of the charter 
school's total funding, the duration, roles and responsibilities of the 
management organization, and the steps the charter school is taking to 
ensure that it makes all programmatic decisions, maintains control over 
all CSP funds, and directly administers or supervises the 
administration of the grant or subgrant in accordance with 34 CFR 
76.701;

[[Page 40210]]

    (ii) A description of any business or financial relationship 
between the charter school developer or CMO and the management 
organization, including payments, contract terms, and any property 
owned, operated, or controlled by the management organization or 
related individuals or entities to be used by the charter school;
    (iii) The names and contact information for each member of the 
governing boards of the charter school and a list of management 
organization's officers, chief administrator, and other administrators, 
and any staff involved in approving or executing the management 
contract; and a description of any actual or perceived conflicts of 
interest, including financial interests, and how the applicant resolved 
or will resolve any actual or perceived conflicts of interest to ensure 
compliance with 2 CFR 200.318(c); and
    (iv) A description of how the charter school ensured that such 
contract is severable and that a change in management companies will 
not cause the proposed charter school to close (2022 NFP).
    (11) Each charter school receiving CSP funding will disclose, as 
part of the enrollment process, any policies and requirements (e.g., 
purchasing and wearing specific uniforms and other fees, or 
requirements for family participation), and any services that are or 
are not provided, that could impact a family's ability to enroll or 
remain enrolled in the school (e.g., transportation services or 
participation in the National School Lunch Program) (2022 NFP).
    (12) Each charter school receiving CSP funding will hold or 
participate in a public hearing in the local community in which the 
proposed charter school would be located to obtain information and 
feedback regarding the potential benefit of the charter school, which 
shall at least include information about how the proposed charter 
school will increase the availability of high-quality public school 
options for underserved students, promote racial and socio-economic 
diversity in such community or have an educational mission to serve 
primarily underserved students, and not increase racial or socio-
economic segregation or isolation in the school districts from which 
students would be drawn to attend the charter school (consistent with 
applicable laws). Applicants must ensure that the hearing (and notice 
thereof) is accessible to individuals with disabilities and limited 
English proficient individuals as required by law, actively solicit 
participation in the hearing (i.e., provide widespread and timely 
notice of the hearing), make good faith efforts to accommodate as many 
people as possible (e.g., hold the hearing at a convenient time for 
families or provide virtual participation options), and submit a 
summary of the comments received as part of the application. The 
hearing may be conducted as part of the charter authorizing process, 
provided that it meets the requirements above. (2022 NFP)
    (13) No eligible applicant receiving funds under the State entity's 
program will use implementation funds for a charter school until after 
the charter school has received a charter from an authorized public 
chartering agency and has a contract, lease, mortgage, or other 
documentation indicating that it has a facility in which to operate. 
Consistent with sections 4303(b)(1), 4303(h)(1)(B), and 4310(6) of the 
ESEA, an eligible applicant may use CSP planning funds for post-award 
planning and design of the educational program of a proposed new or 
replicated high-quality charter school that has not yet opened, which 
may include hiring and compensating teachers, school leaders, and 
specialized instructional support personnel; providing training and 
professional development to staff; and other critical planning 
activities that need to occur prior to the charter school opening when 
such costs cannot be met from other sources. (2022 NFP)
    Note: The Department recognizes that the charter approval process 
may exceed the 18-month planning period for CSP grants and subgrants, 
as prescribed under section 4303(d)(1)(B) of the ESEA. In such a case, 
applicants may request approval from the State entity to amend their 
application to request an extension of the 18-month planning period. 
Under section 4303(d)(5) of the ESEA, the Secretary, in his discretion, 
may waive any statutory or regulatory requirement over which he 
exercises administrative authority, except the requirements related to 
the definition of ``charter school'' in section 4310(2), provided that 
the waiver is requested in an approved application and the Secretary 
determines that granting the waiver will promote the purposes of the 
CSP. It is also worth noting that a subgrantee may request approval 
from the State entity to amend its approved application and budget to 
cover additional planning costs that it may incur due to an unexpected 
delay in the charter approval process.
    (14) Within 120 days of the date of any subgrant award 
notifications, the grantee will post on its website:
    (i) A list of the charter schools slated to receive CSP funds, 
including the following for each school:
    (A) The name, address, and grades served.
    (B) A description of the education model.
    (C) If the charter school has contracted with a for-profit 
management organization, the name of the management organization, the 
amount of CSP funding the management organization will receive from the 
school, and a description of the services to be provided.
    (D) The award amount, including any funding that has been approved 
for the current year and any additional years of the CSP grant for 
which the school will receive support.
    (E) The grant or subgrant application (redacted as necessary).
    (F) The peer review materials, including reviewer comments and 
scores (redacted as necessary) from the subgrant competition (2022 
NFP).
    (c) Waivers--Requests for information about waivers, including--
    (1) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the State entity believes are 
necessary for the successful operation of the charter schools that will 
receive funds under the State entity's program under section 4303 of 
the ESEA or, in the case of a State entity that is a charter school 
support organization, a description of how the State entity will work 
with the State to request such necessary waivers, where applicable; and
    (2) A description of any State or local rules, generally applicable 
to public schools, that will be waived or otherwise not apply to such 
schools.
    Definitions:
    The following definitions are from sections 4303(a), 4310, and 8101 
of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); 34 CFR 77.1; and the 
2022 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 an SEA, LEA, 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).

[[Page 40211]]

    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--
    (1) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements of this definition;
    (2) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (3) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (4) Provides a program of elementary or secondary education, or 
both;
    (5) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution; \2\
---------------------------------------------------------------------------

    \2\ The Department will apply this element of the definition of 
``charter school'' consistent with applicable U.S. Supreme Court 
precedent, including Trinity Lutheran Church of Columbia, Inc. v. 
Comer, 137 S.Ct. 2012 (2017), Espinoza v. Montana Department of 
Revenue, 140 S.Ct. 2246 (2020), and Carson v. Makin, 596 U.S. 
_(2022).
---------------------------------------------------------------------------

    (6) Does not charge tuition;
    (7) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA 
(20 U.S.C. 1232g) (commonly referred to as the ``Family Educational 
Rights and Privacy Act of 1974''), and part B of the Individuals with 
Disabilities Education Act (IDEA);
    (8) Is a school to which parents choose to send their children, and 
that--
    (i) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or
    (ii) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in paragraph (i);
    (9) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (10) Meets all applicable Federal, State, and local health and 
safety requirements;
    (11) Operates in accordance with State law;
    (12) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (13) May serve students in early childhood education programs or 
postsecondary students (section 4310(2) of the ESEA).
    Child with a disability means--
    (1) A child (i) with intellectual disabilities, hearing impairments 
(including deafness), speech or language impairments, visual 
impairments (including blindness), serious emotional disturbance 
(referred to 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.
    (2) 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 LEA, include a child (i) experiencing developmental delays, as 
defined by the State and as measured by appropriate diagnostic 
instruments and procedures, in one or more of the following areas: 
physical development; cognitive development; communication development; 
social or emotional development; or adaptive development; and (ii) who, 
by reason thereof, needs special education and related services 
(section 8101(4) of the ESEA).
    Community assets means resources that can be identified and 
mobilized to improve conditions in the charter school and community. 
These assets may include--
    (1) Human assets, including capacities, skills, knowledge base, and 
abilities of individuals within a community; and
    (2) Social assets, including networks, organizations, businesses, 
and institutions that exist among and within groups and communities 
(2022 NFP).
    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).
    Disconnected youth means an individual, between the ages 14 and 24, 
who may be from a low-income background, experiences homelessness, is 
in foster care, is involved in the justice system, or is not working or 
not enrolled in (or at risk of dropping out of) an educational 
institution (2022 NFP).
    Early childhood education program means--
    (1) A Head Start program or an Early Head Start program carried out 
under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant 
or seasonal Head Start program, an Indian Head Start program, or a Head 
Start program or an Early Head Start program that also receives State 
funding;
    (2) A State licensed or regulated child care program; or
    (3) a program that (i) serves children from birth through age 6 
that addresses the children's cognitive (including language, early 
literacy, and early mathematics), social, emotional, and physical 
development; and (ii) is (A) a State prekindergarten program; (B) a 
program authorized under section 619 (20 U.S.C. 1419) or part C of the 
IDEA; or (C) a program operated by an LEA (section 8101(16) of the 
ESEA).
    Educator means an individual who is an early learning educator, 
teacher, principal or other school or district leader, specialized 
instructional support personnel (e.g., school psychologist, counselor, 
school social worker, early intervention service personnel), 
paraprofessional, or faculty (2022 NFP).
    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

[[Page 40212]]

students who are in foster care (2022 NFP).
    Eligible applicant means a developer that has--
    (1) Applied to an authorized public chartering authority to operate 
a charter school; and
    (2) Provided adequate and timely notice to that authority (section 
4310(6) of the ESEA).
    English learner, when used with respect to an individual, means an 
individual--
    (1) Who is aged 3 through 21;
    (2) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (3)(i) Who was not born in the United States or whose native 
language is a language other than English;
    (ii)(A) Who is a Native American or Alaska Native, or a native 
resident of the outlying areas; and
    (B) 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
    (iii) 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
    (4) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (i) The ability to meet the challenging State academic standards;
    (ii) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (iii) 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-quality charter school means a charter school that--
    (1) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (2) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (3) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (4) Has demonstrated success in increasing student academic 
achievement, including graduation rates where applicable, for each of 
the subgroups of students, as defined in section 1111(c)(2) of the 
ESEA, except that such demonstration is not required in a case in which 
the number of students in a group is insufficient to yield 
statistically reliable information or the results would reveal 
personally identifiable information about an individual student 
(section 4310(8) of the ESEA).
    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).
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare) 
(section 8101(38) of the ESEA).
    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 or to a combination of 
project components (e.g., training teachers on 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).
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas (section 
8101(48)of the ESEA).
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools (section 8101(49) of the ESEA).
    State entity means--
    (1) A State educational agency;
    (2) A State charter school board;
    (3) A Governor of a State; or
    (4) A charter school support organization (section 4303(a) of the 
ESEA).
    Underserved student means a student in one or more of the following 
subgroups:
    (1) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (2) A student of color.
    (3) A student who is a member of a federally recognized Indian 
Tribe.
    (4) An English learner (as defined in section 8101 of the ESEA).
    (5) A child or student with a disability (as defined in section 
8101 of the ESEA).
    (6) A disconnected youth.
    (7) A migrant student.
    (8) A student experiencing homelessness or housing insecurity.
    (9) A student who is in foster care.
    (10) A pregnant, parenting, or caregiving student.
    (11) A student impacted by the justice system, including a formerly 
incarcerated student.
    (12) A student performing significantly below grade level (2022 
NFP).
    Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
7221j).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The 2022 NFP.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $73,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in

[[Page 40213]]

subsequent years from the list of unfunded applications from this 
competition.
    Estimated Range of Awards: $2,000,000 to $25,000,000 per year.
    Estimated Average Size of Awards: $10,000,000 per year.
    Maximum Award: See section III.4(a) of this notice, Reasonable and 
Necessary Costs, for information regarding the maximum amount of funds 
that State Entities may award for each charter school receiving 
subgrant funds.
    Estimated Number of Awards: 8.
    Note: The Department is not bound by any estimates in this notice. 
The estimated range and average size of awards are based on a single 
12-month budget period. We may use FY 2022 funds to support multiple 
12-month budget periods for one or more grantees.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Entities: State entities in States with a specific 
State statute authorizing the granting of charters to schools.
    Under section 4303(e)(1) of the ESEA, no State entity may receive a 
grant under this competition for use in a State in which a State entity 
is currently using a CSP State Entity grant. Accordingly, State 
entities in States in which a State entity has a current CSP State 
Entity grant that is not in its final budget period (nor operating 
under a no-cost extension in accordance with 34 CFR 75.261 \3\) (i.e., 
Alabama, Arizona, Arkansas, California, Colorado, Delaware, District of 
Columbia, Florida, Idaho, Indiana, Maryland, Michigan, Minnesota, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, 
Washington, and Wisconsin) are ineligible to apply for a CSP State 
Entity grant under this competition. State entities in States in which 
a State entity has a current CSP State Entity grant that is operating 
under a no-cost extension (i.e., Mississippi), or that is not operating 
under a no-cost extension but is in its final budget period and has 
notified the Department that it does not intend to request a no-cost 
extension (i.e., no current grantees), however, are eligible to apply 
for a CSP State Entity grant under this competition.
---------------------------------------------------------------------------

    \3\ Under 34 CFR 75.261, a grantee may extend the project period 
of an award one time for up to 12 months without the prior approval 
of the Department if the grantee meets the requirements for 
extension in 2 CFR 200.308(d)(2), and Department statutes, 
regulations, and the terms of the award do not prohibit the 
extension.
---------------------------------------------------------------------------

    Consistent with section 4303(e)(1), if a State entity is approved 
for a new CSP State Entity grant under this competition for use in a 
State in which a State entity has a current CSP State Entity grant that 
is operating under a no-cost extension (or that is in its final budget 
period and does not request a no-cost extension at least 10 calendar 
days before the end of the performance period specified in the Federal 
award in accordance with 2 CFR 200.308(e)(2)), the current State entity 
grantee must obligate all grant funds prior to the end of the current 
budget period. In other words, the current State entity grantee must 
complete all grant activities and begin the grant closeout process 
(i.e., liquidating the grant and not incurring new costs) prior to the 
expiration date of the no-cost extension (or the end of the performance 
period for a grantee that is in its final budget period and did not 
request a no-cost extension). Likewise, if multiple State entities in a 
State submit applications that receive high enough scores to be 
recommended for funding under this competition, only the highest 
scoring application among such State entities would be funded.
    State entities in States in which an SEA has a current CSP Grant 
for SEAs that was awarded under the Elementary and Secondary Education 
Act of 1965, as amended by the No Child Left Behind Act of 2001 (i.e., 
prior to FY 2017) are eligible to apply for a CSP State Entity grant 
under this competition, so long as no other State entity in the State 
has a current CSP State Entity grant that is not in its final budget 
period nor operating under a no-cost extension.
    2.a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: A State Entity receiving a grant 
under this section shall not reserve more than 3 percent of funds for 
administrative costs, which may include technical assistance.
    3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a 
State entity may award subgrants to eligible applicants and technical 
assistance providers.
    (b) Under section 4303(d)(2) of the ESEA, when awarding subgrants 
to eligible applicants, a State Entity must use a peer review process 
to review applications.
    Note: An eligible applicant (i.e., charter school developer or 
charter school) in a State in which no State Entity has an approved 
grant application under section 4303 of the ESEA may apply for funding 
directly from the Department under the 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) 
(ALN number 84.282B or 84.282E) program. Additional information about 
the CSP Developer program and the competition that is currently 
underway is available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/.
    4. Other: (a) Reasonable and Necessary Costs: The Secretary may 
elect to impose maximum limits on the amount of subgrant funds that a 
State Entity may award to an eligible applicant per new charter school 
created or replicated, per charter school expanded, or per new school 
seat created.
    For this competition, the maximum amount of subgrant funds a State 
Entity may award to a subgrantee per new charter school, replicated 
high-quality charter school, or expanded high-quality charter school 
over a five-year subgrant period is $1,500,000.
    Note: Applicants must ensure that all costs included in the 
proposed budget are necessary and reasonable to meet 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.
    (b) Audits: (i) A non-Federal entity that expends $750,000 or more 
during the non-Federal entity's fiscal year in Federal awards must have 
a single or program-specific audit conducted for that year in 
accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a)).
    (ii) A non-Federal entity that expends less than $750,000 during 
the non-Federal entity's fiscal year in Federal awards is exempt from 
Federal audit requirements for that year, except as noted in 2 CFR 
200.503 (Relation to other audit requirements), but records must be 
available for review or audit by appropriate officials of the Federal 
agency, pass-through entity, and Government Accountability Office. (2 
CFR 200.501(d)).

[[Page 40214]]

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 December 27, 2021 (86 FR 73264), and available at 
www.federalregister.gov/d/2021-27979, which contain requirements and 
information on how to submit an application. Please note that these 
Common Instructions supersede the version published on February 13, 
2019, and, in part, describe the transition from the requirement to 
register in SAM.gov a DUNS number to the implementation of the UEI. 
More information on the phase-out of DUNS numbers is available at 
https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the CSP State Entity 
grant competition, your application may include business information 
that you consider proprietary. In 34 CFR 5.11, we define ``business 
information'' and describe the process we use in determining whether 
any of that information is proprietary and, thus, protected from 
disclosure under Exemption 4 of the Freedom of Information Act (5 
U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information, please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition. Please note 
that, under 34 CFR 79.8(a), we have shortened the standard 60-day 
intergovernmental review period in order to make an awards by the end 
of FY 2022.
    4. Funding Restrictions: In accordance with section 4303(c) of the 
ESEA, a State entity receiving a grant under this program shall: (a) 
use not less than 90 percent of the grant funds to award subgrants to 
eligible applicants, in accordance with the quality charter school 
program described in the State entity's application pursuant to section 
4303(f), for activities related to opening and preparing for the 
operation of new charter schools and replicated high-quality charter 
schools, or expanding high-quality charter schools; (b) reserve not 
less than 7 percent of the grant funds to provide technical assistance 
to eligible applicants and authorized public chartering agencies in 
carrying out such activities, and to work with authorized public 
chartering agencies in the State to improve authorizing quality, 
including developing capacity for, and conducting, fiscal oversight and 
auditing of charter schools; and (c) reserve not more than 3 percent of 
the grant funds for administrative costs, which may include technical 
assistance. A State entity may use a grant received under this program 
to provide technical assistance and to work with authorized public 
chartering agencies to improve authorizing quality under section 
4303(b)(2) of the ESEA directly or through grants, contracts, or 
cooperative agreements.
    Limitation on Grants and Subgrants: Under section 4303(d) of the 
ESEA, a grant awarded by the Secretary to a State entity under this 
competition shall be for a period of not more than 5 years.
    A subgrant awarded by a State entity under this program shall be 
for a period of not more than 5 years, of which an eligible applicant 
may use not more than 18 months for planning and program design. An 
eligible applicant may not receive more than one subgrant under this 
program for each individual charter school for a 5-year period, unless 
the eligible applicant demonstrates to the State entity that such 
individual charter school has at least 3 years of improved educational 
results for students enrolled in such charter school, with respect to 
the elements described in section 4310(8)(A) and (D) of the ESEA.\4\
---------------------------------------------------------------------------

    \4\ Section 4303(e)(2) of the ESEA prescribes the circumstances 
under which an eligible applicant may be eligible to apply to a 
State entity for a second subgrant for an individual charter school 
for a 5-year period. The eligible applicant still would have to meet 
all program requirements, including the requirements for replicating 
or expanding a high-quality charter school.
---------------------------------------------------------------------------

    Other CSP Grants: A charter school that previously received funds 
for opening or preparing to operate a new charter school, or 
replicating or expanding a high-quality charter school, under the CSP 
State Entity program (ALN number 84.282A), the CSP Grants to Charter 
Management Organizations for the Replication and Expansion of High-
Quality Charter Schools (CMO) program (ALN number 84.282M), or the CSP 
Developer program (ALN numbers 84.282B and 84.282E) may not use funds 
under this program to carry out the same or substantially similar 
activities. However, such charter school may be eligible to receive 
funds under this competition to expand the charter school beyond the 
existing grade levels or student count.
    Likewise, a charter school that previously was awarded a subgrant 
from a State entity under this program (or the former CSP Grants for 
State Educational Agencies program) is ineligible to receive funds to 
carry out the same activities under the CMO program (ALN number 
84.282M) or Developer program (ALN numbers 84.282B and 84.282E), 
including for opening or preparing to operate a new charter school, or 
for replication or expansion.
    Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State 
entities awarded grants under this competition shall award subgrants to 
eligible applicants to enable such eligible applicants to--
    (a) Open and prepare for the operation of new charter schools;
    (b) Open and prepare for the operation of replicated high-quality 
charter schools; or
    (c) Expand high-quality charter schools.
    Under section 4303(h) of the ESEA, an eligible applicant receiving 
a subgrant under this program shall use such funds to support 
activities related to opening and preparing for the operation of new 
charter schools or replicating or expanding high-quality charter 
schools, which shall include one or more of the following:
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying costs 
associated with--
    (i) Providing professional development; and
    (ii) Hiring and compensating, during the eligible applicant's 
planning period specified in the application for subgrant funds, one or 
more of the following:
    (A) Teachers.
    (B) School leaders.
    (C) Specialized instructional support personnel.
    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including developing and acquiring 
instructional materials).
    (c) Carrying out necessary renovations to ensure that a new school 
building complies with applicable statutes and

[[Page 40215]]

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 
opening, replicating, or expanding high-quality charter schools when 
such costs cannot be met from other sources.
    Diversity of Projects: Per section 4303(d)(4) of the ESEA, each 
State entity awarding subgrants under this competition shall award 
subgrants in a manner that, to the extent practicable and applicable, 
ensures that such subgrants--
    (a) Are distributed throughout different areas, including urban, 
suburban, and rural areas; and
    (b) Will assist charter schools representing a variety of 
educational approaches.
    Award Basis: In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the applicant's performance and use of funds under a previous 
or existing award under any Department program (34 CFR 75.217(d)(3)(ii) 
and 233(b)). In assessing the applicant's performance and use of funds 
under a previous or existing award, the Secretary will consider, among 
other things, the outcomes the applicant has achieved and the results 
of any Departmental grant monitoring, including the applicant's 
progress in remedying any deficiencies identified in such monitoring.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit and English Language Requirement: The 
application narrative (Part III of the application) is where you, the 
applicant, address the priorities, selection criteria, and application 
requirements that reviewers use to evaluate your application. We 
recommend that you (1) limit the application narrative to no more than 
60 pages and (2) use the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    Applications must be in English, and peer reviewers will only 
consider supporting documents submitted with the application that are 
in English.
    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. Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar designed to provide technical 
assistance to interested applicants. Detailed information regarding 
this webinar will be provided at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/state-entities/application-info-and-eligibility/. There is no registration 
fee for attending this meeting.
    For further information about the pre-application meeting, contact 
Jill Gaitens, U.S. Department of Education, 400 Maryland Avenue SW, 
Washington, DC 20202-5970. Telephone: (202) 205-1224. Email: 
[email protected]

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)), the 
2022 NFP, and 34 CFR 75.210. The maximum possible total score an 
application can receive for addressing the criteria is 100 points. The 
maximum possible score for addressing each criterion is indicated in 
parentheses following the criterion.
    (a) Quality of the Project Design (up to 35 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:
    (1) The extent to which the proposed project demonstrates a 
rationale (34 CFR 75.210(c)(2)(xxix)) (up to 5 points);
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce both quantitative and 
qualitative data to the extent possible (34 CFR 75.210(h)(2)(iv)) (up 
to 5 points);
    (3) The ambitiousness of the State entity's objectives for the 
quality charter school program carried out under the CSP State Entity 
program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B)) 
(up to 5 points);
    (4) The extent to which the projected number of subgrant awards for 
each grant project year is supported by evidence of demand and need; 
and the extent to which the proposed average subgrant award amount is 
supported by evidence of the need of applicants (2022 NFP) (up to 20 
points).
    (b) Quality of Eligible Applicants Receiving Subgrants (up to 15 
points): The likelihood that the eligible applicants receiving 
subgrants under the program will meet the State entity's objectives for 
the quality charter school program and improve educational results for 
students (section 4303(g)(1)(C) (20 U.S.C. 7221b(g)(1)(C))).
    (c) State Plan (up to 35 points): The State entity's plan to--
    (1) Adequately monitor the eligible applicants receiving subgrants 
under the State entity's program (section 4303(g)(1)(D)(i) (20 U.S.C. 
7221b(g)(1)(D)(i))) (up to 10 points);
    (2) Work with the authorized public chartering agencies involved to 
avoid duplication of work for the charter schools and authorized public 
chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C. 
7221b(g)(1)(D)(ii))) (up to 5 points);
    (3) Provide technical assistance and support for--
    (i) The eligible applicants receiving subgrants under the State 
entity's program; and
    (ii) Quality authorizing efforts in the State (section 
4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10 
points);
    (4) The State entity's plan to solicit and consider input from 
parents and other members of the community on the implementation and 
operation of charter schools in the State (section 4303(g)(1)(E) of 
ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and
    (5) The degree of flexibility afforded by the State's charter 
school law and how the State entity will work to maximize the 
flexibility provided to charter schools under such law (section 
4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points).
    (d) Quality of the Management Plan (up to 15 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:

[[Page 40216]]

    (1) 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 (34 CFR 75.210(g)(2)(i)) (up to 10 points);
    (2) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project (34 CFR 
75.210(g)(2)(ii)) (up to 3 points); and
    (3) 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 
(34 CFR 75.210(g)(2)(iv)) (up to 2 points).
    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 
200.206, before awarding grants under this competition, the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, 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 200.206(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.
    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.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

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) In accordance with section 4303(i) of the ESEA, each State 
entity receiving a grant under this section must submit to the 
Secretary, at the end of the third

[[Page 40217]]

year of the 5-year grant period (or at the end of the second year if 
the grant period is less than 5 years), and at the end of such grant 
period, a report that includes the following:
    (1) The number of students served by each subgrant awarded under 
this section and, if applicable, the number of new students served 
during each year of the period of the subgrant.
    (2) A description of how the State entity met the objectives of the 
quality charter school program described in the State entity's 
application, including--
    (A) How the State entity met the objective of sharing best and 
promising practices as outlined in section 4303(f)(1)(A)(ix) of the 
ESEA in areas such as instruction, professional development, curricula 
development, and operations between charter schools and other public 
schools; and
    (B) If known, the extent to which such practices were adopted and 
implemented by such other public schools.
    (3) The number and amount of subgrants awarded under this program 
to carry out activities described in section 4303(b)(1)(A) through (C) 
of the ESEA.
    (4) A description of--
    (A) How the State entity complied with, and ensured that eligible 
applicants complied with, the assurances included in the State entity's 
application; and
    (B) How the State entity worked with authorized public chartering 
agencies, and how the agencies worked with the management company or 
leadership of the schools that received subgrant funds under this 
program, if applicable.
    (d) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection, analysis, and reporting. 
In this case, the Secretary establishes a data collection period.
    5. Performance Measures: For the purposes of the Department 
reporting under 34 CFR 75.110: (a) The Secretary has established two 
performance indicators to measure annual progress toward achieving the 
purposes of the program, which are discussed elsewhere in this notice. 
The performance indicators are: (1) the number of charter schools in 
operation around the Nation; and (2) the percentage of fourth- and 
eighth-grade charter school students who are achieving at or above the 
proficient level on State assessments in mathematics and reading/
language arts. Additionally, the Secretary has established the 
following measure to examine the efficiency of the CSP: the Federal 
cost per student in implementing a successful school (defined as a 
school in operation for three or more consecutive years).
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project. Applications 
must provide the following information as directed under 34 CFR 
75.110(b) and (c).
    (1) Performance measures. How each proposed performance measure 
would accurately measure the performance of the project and how the 
proposed performance measure would be consistent with the performance 
measures established for the program funding the competition.
    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii) 
if the applicant has determined that there are no established baseline 
data for a particular performance measure, an explanation of why there 
is no established baseline and of how and when, during the project 
period, the applicant would establish a valid baseline for the 
performance measure.
    (3) Performance targets. Why each proposed performance target is 
ambitious yet achievable compared to the baseline for the performance 
measure and when, during the project period, the applicant would meet 
the performance target(s).
    (4) Data collection and reporting. (i) The data collection and 
reporting methods the applicant would use and why those methods are 
likely to yield reliable, valid, and meaningful performance data; and 
(ii) the applicant's capacity to collect and report reliable, valid, 
and meaningful performance data, as evidenced by high-quality data 
collection, analysis, and reporting in other projects or research.
    All grantees must submit an annual performance report with 
information that is responsive to these performance measures.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things, whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving 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 Directors' Meeting: Applicants approved for funding 
under this competition must attend a meeting for project directors 
either virtually or at a location to be determined in the continental 
United States during each year of the project. Applicants may include, 
if applicable, the cost of attending this meeting in their proposed 
budgets as allowable administrative costs.

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    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.

Ruth E. Ryder,
Deputy Assistant Secretary for Policy and Programs Office of Elementary 
and Secondary Education.
[FR Doc. 2022-14442 Filed 7-5-22; 8:45 am]
BILLING CODE 4000-01-P