[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40218-40229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14448]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--Grants to Charter School 
Developers for the Opening of New Charter Schools and for the 
Replication and Expansion of High-Quality Charter Schools (Developer 
Grants)

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2022 for two 
types of grants: CSP Developer Grants, Assistance Listing Numbers 
84.282B (for the opening of new charter schools) and 84.282E (for the 
replication and expansion of high-quality charter schools).

DATES: 
    Applications Available: July 6, 2022.
    Notice of Intent to Apply: Applicants are strongly encouraged, but 
not required to submit a notice of intent to apply by July 21, 2022. 
Applicants who do not meet this deadline may still apply.
    Deadline for Transmittal of Applications: August 5, 2022.
    Deadline for Intergovernmental Review: September 6, 2022.
    Pre-Application Webinar Information: The CSP intends to hold a 
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/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/applicant-info-and-eligibility/.
    Note: For new potential grantees unfamiliar with grantmaking at the 
Department, please consult our funding basics resource at www2.ed.gov/documents/funding-101/funding-101-basics.pdf or a more detailed 
resource at www2.ed.gov/documents/funding-101/funding-101.pdf.

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: Porscheoy Brice, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E209, Washington, DC 20202-
5970. Telephone: (202) 987-1769.

[[Page 40219]]

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 major purposes of the CSP are to expand 
opportunities for all students, particularly underserved students, to 
attend 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; aid States in providing facilities support to 
charter schools; and support efforts to strengthen the charter school 
authorizing process.
    Through CSP Developer Grants, the Department provides financial 
assistance to charter school developers to enable them to open and 
prepare for the operation of new or replicated charter schools or to 
expand high-quality charter schools in States that do not currently 
have a CSP State Entity grant under the Elementary and Secondary Act of 
1965 (ESEA). Charter schools that receive financial assistance through 
Developer Grants provide programs of elementary or secondary education, 
or both, and may also serve students in early childhood education 
programs or postsecondary students.
    Background: This notice invites applications from eligible 
applicants for two types of grants: (1) Grants to Charter School 
Developers for the Opening of New Charter Schools (Assistance Listing 
Number 84.282B) and (2) Grants to Charter School Developers for the 
Replication and Expansion of High-Quality Charter Schools (Assistance 
Listing Number 84.282E). Under this competition, each Assistance 
Listing Number constitutes its own funding category. The Secretary 
intends to award grants under each Assistance Listing Number for 
applications that are sufficiently high quality.
    We have published elsewhere in this issue of the Federal Register a 
notice of final priorities, requirements, definitions, and selection 
criteria for this program (2022 NFP), which supplements the notice of 
final priorities, requirements, definitions, and selection criteria for 
Developer Grants published in the Federal Register on July 3, 2019 (84 
FR 31726) (2019 NFP).
    Priorities: This competition includes one competitive preference 
priority from the 2022 NFP.
    This competition also includes an invitational priority to 
encourage collaborations between charter and traditional public schools 
or districts that benefit students and families across schools. Some of 
the most successful charter schools have collaborated with traditional 
school districts, and there is evidence that these types of 
collaborations can improve outcomes for students in both charter 
schools and traditional public schools, including by sharing 
instructional materials, creating joint professional learning 
opportunities, and developing principal pipeline programs.
    Competitive Preference 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 a competitive preference 
priority.
    For Assistance Listing Numbers 84.282B and 84.282E, under 34 CFR 
75.105(c)(2)(i), we will award up to an additional 5 points to an 
application that meets the competitive preference priority.
    The priority is:
    Promoting High-Quality Educator- and Community-Centered Charter 
Schools to Support Underserved Students (Up to 5 points).
    (a) Under this priority, an applicant must propose to open a new 
charter school, or to replicate or expand a high-quality charter 
school, that is developed and implemented--
    (1) With meaningful and ongoing engagement with current or former 
teachers and other educators (0 or 1 point); 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. (Up to 2 points).
    (b) In its application, an applicant must provide a high-quality 
plan that demonstrates how its proposed project would meet the 
requirements in paragraph (a) of this priority, accompanied by a 
timeline for key milestones that span the course of planning, 
development, and implementation of the charter school. (Up to 2 
points).
    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 a competitive or absolute preference over other 
applications.
    This priority is:
    Collaborations between Charter Schools and Traditional Public 
Schools or Districts that Benefit Students and Families across Schools.
    (a) Under this priority, an applicant must propose 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 or 
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 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 
and 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 in the school (e.g., 
transportation services or participation in the National School Lunch 
Program).
    (6) A shared transportation plan and system that reduces 
transportation costs for at least one member of the collaboration and 
takes into consideration various transportation

[[Page 40220]]

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 
or traditional public schools in improving academic and developmental 
outcomes and services for students with disabilities (as defined in 
section 8101 of the ESEA).
    (8) A shared English learner (as defined in section 8101 of the 
ESEA) collaborative designed to address a significant barrier or 
challenge faced by participating charter schools or traditional public 
schools in providing educational programs to improve academic outcomes 
for English learners.
    (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 in 
providing educational programs to improve academic outcomes for all 
students served by members of the collaboration.
    (b) In its application, an applicant must provide a description of 
the collaboration that--
    (1) Describes each member of the collaboration and whether the 
collaboration would be a new or existing commitment;
    (2) States the purpose and duration of the collaboration;
    (3) Describes the anticipated roles and responsibilities of each 
member of the collaboration;
    (4) Describes how the collaboration will benefit one or more 
members of the collaboration, including how it will benefit students or 
families affiliated with such member and lead to increased educational 
opportunities for students, and meet specific and measurable, if 
applicable, goals;
    (5) Describes the resources members of the collaboration will 
contribute; and
    (6) Contains any other relevant information.
    (c) Within 120 days of receiving a grant award or within 120 days 
of the date the collaboration is scheduled to begin, whichever is 
later, provide evidence of participation in the collaboration (which 
may include, but is not required to include, a memorandum of 
understanding (MOU)).
    Definitions:
    The following definitions are from sections 4310 (20 U.S.C. 7221i) 
and 8101 (20 U.S.C. 7801) of the ESEA, 34 CFR 77.1, and the 2019 and 
2022 NFPs.
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure. (34 CFR 77.1)
    Authorized public chartering agency means a State educational 
agency, local educational agency, or other public entity that has the 
authority pursuant to State law and approved by the Secretary to 
authorize or approve a charter school. (Section 4310(1) of the ESEA)
    Baseline means the starting point from which performance is 
measured and targets are set. (34 CFR 77.1)
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight. (Section 4310(3) of the ESEA)
    Charter school means a public school that--
    (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; \1\
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    \1\ 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).
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    (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 clause (i);
    (9) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (10) Meets all applicable Federal, State, and local health and 
safety requirements;
    (11) Operates in accordance with State law;
    (12) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (13) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    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)

[[Page 40221]]

    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 of 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 childcare program;
    (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. (ESEA section 8101(16))
    Educationally disadvantaged student means a student in one or more 
of the categories described in section 1115(c)(2) of the ESEA, which 
include children who are economically disadvantaged, children with 
disabilities, migrant students, English learners, neglected or 
delinquent students, homeless students, and students who are in foster 
care. (2019 NFP)
    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)
    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)
    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)
    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.

[[Page 40222]]

    (12) A student performing significantly below grade level. (2022 
NFP)
    Application Requirements:
    Applications for CSP Developer Grant funds must address the 
following application requirements. These requirements are from section 
4303(f) \2\ of the ESEA (20 U.S.C. 7221b) and the 2019 and 2022 NFPs. 
The source of each requirement is provided in parentheses following 
each requirement. Except as otherwise provided, an applicant may choose 
to respond to each requirement separately or in the context of the 
applicant's responses to the selection criteria in section V.1 of this 
notice.
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    \2\ Under section 4305(c) of the ESEA, Developer Grants must 
have the same terms and conditions as grants awarded to State 
entities under section 4303. For clarity, with respect to 
requirements that derive from section 4303, the Department has, as 
applicable, omitted the term ``State entity'' or replaced it with 
``eligible applicant.'' In addition, the Department has replaced 
``State entity's program'' and ``subgrant,'' respectively, with 
``program'' and ``grant.''
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    Grants to Charter School Developers for the Opening of New Charter 
Schools (Assistance Listing Number 84.282B) and for the Replication and 
Expansion of High-Quality Charter Schools (Assistance Listing Number 
84.282E).
    Applicants for grants under Assistance Listing Numbers 84.282B or 
84.282E must address the following application requirements. An 
applicant must respond to the requirements in paragraph (a) in a stand-
alone section of the application or in an appendix.
    (a) Describe the eligible applicant's objectives in running a 
quality charter school program and how the objectives of the program 
will be carried out, including--
    (1) How the eligible applicant will ensure that charter schools 
receiving funds under this program meet the educational needs of their 
students, including children with disabilities and English learners 
(Section 4303(f)(1)(A)(x) of the ESEA);
    (2) The roles and responsibilities of eligible applicants, partner 
organizations, and charter management organizations, including the 
administrative and contractual roles and responsibilities of such 
partners (Section 4303(f)(1)(C)(i)(I) of the ESEA);
    (3) The quality controls agreed to between the eligible applicant 
and the authorized public chartering agency involved, such as a 
contract or performance agreement, how a school's performance in the 
State's accountability system and impact on student achievement (which 
may include student academic growth) will be one of the most important 
factors for renewal or revocation of the school's charter, and how the 
authorized public chartering agency involved will reserve the right to 
revoke or not renew a school's charter based on financial, structural, 
or operational factors involving the management of the school (Section 
4303(f)(1)(C)(i)(II) of the ESEA);
    (4) How the autonomy and flexibility granted to a charter school is 
consistent with the definition of a charter school in section 4310 of 
the ESEA (Section 4303(f)(1)(C)(i)(III) of the ESEA);
    (5) How the eligible applicant will solicit and consider input from 
parents and other members of the community on the implementation and 
operation of each charter school that will receive funds under the 
grant (Section 4303(f)(1)(C)(i)(IV) of the ESEA);
    (6) The eligible applicant's planned activities and expenditures of 
grant funds to support the activities described in section 4303(b)(1) 
of the ESEA, and how the eligible applicant will maintain financial 
sustainability after the end of the grant period (Section 
4303(f)(1)(C)(i)(V) of the ESEA);
    (7) How the eligible applicant will support the use of effective 
parent, family, and community engagement strategies to operate each 
charter school that will receive funds under the grant (Section 
4303(f)(1)(C)(i)(VI) of the ESEA); and
    (8) How the eligible applicant will ensure that each charter school 
receiving funds under this program has considered and planned for the 
transportation needs of the school's students (Section 4303(f)(1)(E) of 
the ESEA).
    (b) Describe the educational program that the applicant will 
implement in the charter school receiving funding under this program, 
including--
    (1) Information on how the program will enable all students to meet 
the challenging State academic standards;
    (2) The grade levels or ages of students who will be served; and
    (3) The instructional practices that will be used. (2019 NFP)
    (c) Describe how the applicant will ensure that the charter school 
that will receive funds will recruit, enroll, and retain students, 
including educationally disadvantaged students, which include children 
with disabilities and English learners. (2019 NFP)
    (d) Describe the lottery and enrollment procedures that the 
applicant will use for the charter school if more students apply for 
admission than can be accommodated and, if the applicant proposes to 
use a weighted lottery, how the weighted lottery complies with section 
4303(c)(3)(A) of the ESEA. (2019 NFP)
    (e) Provide a complete logic model (as defined in 34 CFR 77.1) for 
the grant project. The logic model must include the applicant's 
objectives for implementing a new charter school or replicating or 
expanding a high-quality charter school with funding under this 
competition. (2019 NFP)
    (f) Provide a budget narrative, aligned with the activities, target 
grant project outputs, and outcomes described in the logic model, that 
outlines how grant funds will be expended to carry out planned 
activities. (2019 NFP)
    (g) If the applicant proposes to open a new charter school 
(Assistance Listing Number 84.282B) or proposes to replicate or expand 
a high-quality charter school (Assistance Listing Number 84.282E) that 
provides a single-sex educational program, demonstrate that the 
proposed single-sex educational programs are in compliance with the 
title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.) 
(``Title IX'') and its implementing regulations, including 34 CFR 
106.34. (2019 NFP)
    (h) Provide the applicant's most recent available independently 
audited financial statements prepared in accordance with generally 
accepted accounting principles. (2019 NFP)
    (i) Provide--
    (1) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the eligible entity believes 
are necessary for the successful operation of the charter school to be 
opened or to be replicated or expanded; and
    (2) A description of any State or local rules, generally applicable 
to public schools, that will be waived or otherwise not apply to the 
school that will receive funds. (2019 NFP)
    (j) Describe how each school that will receive funds meets the 
definition of charter school under section 4310(2) of the ESEA. (2019 
NFP)
    (k) For any existing or proposed contract with 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 exercise 
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--
    (1) 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.,

[[Page 40223]]

fixed costs and estimates of any ongoing costs), including the amount 
of CSP funds proposed to be used toward such cost, and the percentage 
such cost represents of the school's total 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;
    (2) 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;
    (3) The name and contact information for each member of the 
governing board of the charter school and list of the 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);
    (4) 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 for-profit management organization and 
that the charter school's legal, accounting, and auditing services will 
be procured independently from the for-profit management organization);
    (5) 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
    (6) 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)
    (l) Each applicant must provide--
    (1) The name and address of the authorized public chartering agency 
that issued the applicant's approved charter or, in the case of an 
applicant that has not yet received an approved charter, the authorized 
public chartering agency to which the applicant has applied;
    (2) A copy of the approved charter or, in the case of an applicant 
that has not yet received an approved charter, a copy of the charter 
application that was submitted to the authorized public chartering 
agency, including the date the application was submitted, and an 
estimated date by which the authorized public chartering agency will 
issue its final decision on the charter application;
    (3) Documentation that the applicant has provided notice to the 
authorized public chartering agency that it has applied for a CSP 
grant; and
    (4) A proposed budget, including a detailed description of any 
post-award planning costs and, for an applicant that does not yet have 
an approved charter, any planning costs expected to be incurred prior 
to the date the authorized public chartering agency issues a decision 
on the charter application. (2022 NFP)
    Grants for the Replication and Expansion of High-Quality Charter 
Schools (Assistance Listing Number 84.282E).
    In addition to the preceding application requirements, applicants 
for grants under Assistance Listing Number 84.282E must--
    (a) For each charter school currently operated or managed by the 
applicant, provide--
    (1) Information that demonstrates that the school is treated as a 
separate school by its authorized public chartering agency and the 
State, including for purposes of accountability and reporting under 
title I, part A of the ESEA;
    (2) Student assessment results for all students and for each 
subgroup of students described in section 1111(c)(2) of the ESEA;
    (3) Attendance and student retention rates for the most recently 
completed school year and, if applicable, the most recent available 4-
year adjusted cohort graduation rates and extended year adjusted cohort 
graduation rates; and
    (4) Information on any significant compliance and management issues 
encountered within the last three school years by the existing charter 
school being operated or managed by the eligible entity, including in 
the areas of student safety and finance. (2019 NFP)
    Assurances:
    Applicants for CSP Developer Grants must provide the following 
assurances. These assurances are from section 4303(f) of the ESEA and 
the 2022 NFP. The source of each assurance is provided in parentheses 
following each assurance.
    Applicants for funds under this program must provide assurances 
that--
    (a) Each charter school receiving funds through this program will 
have a high degree of autonomy over budget and operations, including 
autonomy over personnel decisions (Section 4303(f)(2)(A) of the ESEA);
    (b) The eligible applicant will support charter schools in meeting 
the educational needs of their students, as described in section 
4303(f)(1)(A)(x) of the ESEA (Section 4303(f)(2)(B) of the ESEA); and
    (c) The eligible applicant will ensure that each charter school 
receiving funds under this program makes publicly available, consistent 
with the dissemination requirements of the annual State report card 
under section 1111(h) of the ESEA, including on the website of the 
school, information to help parents make informed decisions about the 
education options available to their children, including--
    (i) Information on the educational program;
    (ii) Student support services;
    (iii) Parent contract requirements (as applicable), including any 
financial obligations or fees;
    (iv) Enrollment criteria (as applicable); and
    (v) Annual performance and enrollment data for each of the 
subgroups of students, as defined in section 1111(c)(2) of the ESEA, 
except that such disaggregation of performance and enrollment data 
shall not be required in a case in which the number of students in a 
group is insufficient to yield statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student. (Section 4303(f)(2)(G) of the ESEA)
    (d) Each applicant must provide an assurance that it 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)

[[Page 40224]]

    (e) Each applicant must 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--
    (1) The charter school maintains control over all CSP funds, makes 
all programmatic decisions, and directly administers or supervises the 
administration of the grant or subgrant;
    (2) 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 or payroll services) and that otherwise comply with 
statutory and regulatory requirements;
    (3) 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
    (4) 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)
    (f) Each applicant must provide an assurance that it 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 
Department, including--
    (1) A copy of the existing contract with the for-profit management 
organization or 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), including the 
amount of CSP funds proposed to be used toward such costs, and the 
percentage such cost represents of the charter school's total funding, 
the duration, roles and responsibilities of the management 
organization, the steps the charter will take to ensure that it pays 
fair market value for any services or other items purchased or leased 
from 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 
75.701 and 76.701;
    (2) 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;
    (3) 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
    (4) 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)
    (g) Each applicant must provide an assurance that it will disclose, 
as part of the enrollment process, any policies or 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)
    (h) Each applicant must provide an assurance that it 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 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 it meets the 
requirements above. (2022 NFP)
    (i) Each applicant must provide an assurance that it will not use 
any 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, as prescribed 
under section 4303(d)(1)(B) of the ESEA. In such a case, applicants may 
request approval from the Department 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 grantee may request approval from 
the Department, as appropriate, 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.
    Program Authority: Title IV, part C of the ESEA, as amended.

[[Page 40225]]

    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, 
86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines 
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) 
in 2 CFR part 180, as adopted and amended as regulations of the 
Department in 2 CFR part 3485. (c) The Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards in 2 CFR part 200, as adopted and amended as regulations of the 
Department in 2 CFR part 3474. (d) The 2019 and 2022 NFPs.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $4,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $150,000-$300,000 per year.
    Estimated Average Size of Awards: $225,000 per year.
    Maximum Award: See Reasonable and Necessary Costs in section III.4. 
for information regarding the maximum amount of funds that may be 
awarded per new school.
    Estimated Number of Awards: 8-10.
    Note: The Department is not bound by any estimates in this notice. 
The estimated range and average size of awards are based on a single 
12-month budget period. We may use available funds to support multiple 
12-month budget periods for one or more grantees.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants:
    Eligible applicants are developers that have--
    (a) Applied to an authorized public chartering authority to operate 
a charter school; and
    (b) Provided adequate and timely notice to that authority. (Section 
4310(6) of the ESEA).
    Additionally, the charter school must be located in a State with a 
State statute specifically authorizing the establishment of charter 
schools (as defined in section 4310(2) of the ESEA) and in which a 
State entity currently does not have a CSP State Entity grant 
(Assistance Listing Number 84.282A) under section 4303 of the ESEA.\3\ 
(Section 4305(a)(2) of the ESEA) Eligibility in a State with a CSP SEA 
grant (Assistance Listing Number 84.282A) under the ESEA, as amended by 
the No Child Left Behind Act of 2001 (NCLB), is limited to grants for 
replication and expansion \4\ (Assistance Listing Number 84.282E) and 
only if the Department has not approved an amendment to the SEA's 
approved grant application authorizing the SEA to make subgrants for 
replication and expansion.\5\
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    \3\ States in which a State entity currently has an approved CSP 
State Entity grant application under section 4303 of the ESEA that 
is actively running subgrant competitions are Alabama, Arizona, 
Arkansas, California, Colorado, Delaware, District of Columbia, 
Florida, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, 
Nevada, New Hampshire, New Mexico, New Jersey, New York, North 
Carolina, Oklahoma, Pennsylvania, Rhode Island, Texas, Washington, 
and Wisconsin. We will not consider applications from applicants in 
these States under either Assistance Listing Numbers 84.282B or 
84.282E.
    \4\ States in which the SEA currently has an approved CSP SEA 
grant application under the ESEA, as amended by NCLB (i.e., a grant 
award made in fiscal year 2016 or earlier), are Georgia and Ohio. We 
will not consider applications from applicants in these States for 
grants for the opening of new charter schools submitted under 
Assistance Listing Number 84.282B.
    \5\ States in which the SEA currently has an approved CSP SEA 
grant application under the ESEA, as amended by NCLB (i.e., a grant 
award made in fiscal year 2016 or earlier), and have approved 
amendment requests that authorize the SEA to make subgrants for 
replication and expansion, is Ohio. We will not consider 
applications from applicants in this State for grants for the 
replication or expansion of high-quality charter schools under 
Assistance Listing Number 84.282E either.
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    As a general matter, the Secretary considers charter schools that 
have been in operation for more than five years to be past the initial 
implementation phase and, therefore, ineligible to receive CSP funds 
under Assistance Listing Number 84.282B to support the opening of a new 
charter school or under Assistance Listing Number 84.282E for the 
replication of a high-quality charter school; however, such schools may 
receive CSP funds under Assistance Listing Number 84.282E for the 
expansion of a high-quality charter school.
    Note: If you are a nonprofit organization, under 34 CFR 75.51, you 
may demonstrate your nonprofit status by providing (1) proof that the 
Internal Revenue Service currently recognizes the applicant as an 
organization to which contributions are tax deductible under section 
501(c)(3) of the Internal Revenue Code; (2) a statement from a State 
taxing body or the State attorney general certifying that the 
organization is a nonprofit organization operating within the State and 
that no part of its net earnings may lawfully benefit any private 
shareholder or individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate; or (5) 
for an entity that holds a sincerely held religious belief that it 
cannot apply for a determination as an entity that is tax-exempt under 
section 501(c)(3) of the Internal Revenue Code, evidence sufficient to 
establish that the entity would otherwise qualify as a nonprofit 
organization under (1) through (4) above.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Supplement-Not-Supplant: This competition does not involve 
supplement-not-supplant funding requirements.
    c. Indirect Cost Rate Information: 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.
    d. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Reasonable and Necessary Costs: The Secretary may elect to 
impose maximum limits on the amount of grant funds that may be awarded 
for a new charter school, or replicated, or expanded, high-quality 
charter school.
    For this competition, the maximum limit of grant funds that may be 
awarded for a new, replicated, or expanded charter school is 
$1,500,000.
    In accordance with 2 CFR 200.404, applicants must ensure that all 
costs included in the proposed budget are reasonable and necessary in 
light of the goals and objectives of the proposed project. Any costs 
determined by the Secretary to be unreasonable or unnecessary will be 
removed from the final approved budget.

[[Page 40226]]

    A charter school that previously has received CSP funds for 
replication or expansion or for planning or initial implementation of a 
charter school under Assistance Listing Numbers 84.282A or 84.282M 
(under the ESEA) may not use funds under this grant for the same 
purpose. However, such charter school may be eligible to receive funds 
under this competition to expand the charter school beyond the existing 
grade levels or student count and beyond the grade levels or projected 
student count provided in the previous CSP award. Likewise, a charter 
school that receives funds under this competition is ineligible to 
receive funds for the same purpose under section 4303(b)(1) or 4305(b) 
of the ESEA, including opening and preparing for the operation of a new 
charter school, opening and preparing for the operation of a replicated 
high-quality charter school, or expanding a high-quality charter school 
(i.e., Assistance Listing Numbers 84.282A or 84.282M).

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on 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 this competition, 
your application may include business information that you consider 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
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 
award by the end of FY 2022.
    4. Funding Restrictions: Grantees must use the grant funds to open 
and prepare for the operation of a new charter school, to open and 
prepare for the operation of a replicated high-quality charter school, 
or to expand a high-quality charter school, as applicable. Grant funds 
must be used to carry out allowable activities, described in section 
4303(h) of the ESEA, which include the following:
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying the costs 
associated with--
    (1) Providing professional development; and
    (2) Hiring and compensating, during the eligible applicant's 
planning period specified in the application for funds, one or more of 
the following:
    (i) Teachers.
    (ii) School leaders.
    (iii) Specialized instructional support personnel.
    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including developing and acquiring 
instructional materials).
    (c) Carrying out necessary renovations to ensure that a new school 
building complies with applicable statutes and regulations, and minor 
facilities repairs (excluding construction).
    (d) Providing one-time, startup costs associated with providing 
transportation to students to and from the charter school.
    (e) Carrying out community engagement activities, which may include 
paying the cost of student and staff recruitment.
    (f) Providing for other appropriate, non-sustained costs related to 
the opening of new charter schools, or the replication or expansion of 
high-quality charter schools, as applicable, when such costs cannot be 
met from other sources.
    A grant awarded by the Secretary under this competition may be for 
a period of not more than five years, of which the grantee may use not 
more than 18 months for planning and program design. (Section 
4303(d)(1)(B) of the ESEA). Applicants may propose to support only one 
charter school per grant application.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
narrative to no more than 50 pages, and (2) use the following 
standards:
     A ``page'' is 8.5''; x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name, a contact person's name and 
email address, and the Assistance Listing Number. Applicants that do 
not submit a notice of intent to apply may still apply for funding.

[[Page 40227]]

V. Application Review Information

    1. Selection Criteria. The selection criteria for applicants 
submitting applications under Assistance Listing Numbers 84.282B and 
84.282E are listed in paragraphs (a) and (b) of this section, 
respectively. The maximum possible score for addressing all of the 
selection criteria is 100 points. The maximum possible score for 
addressing each criterion is indicated in parentheses following the 
criterion. These selection criteria are from the 2019 and 2022 NFPs and 
34 CFR 75.210.
    In evaluating an application for a Developer Grant, the Secretary 
considers the following criteria:
    (a) Selection Criteria for Grants for the Opening of New Charter 
Schools (Assistance Listing Number 84.282B).
    (1) Quality of the Charter School's Management Plan (up to 40 
points).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 10 points). (34 CFR 75.210(g)(2)(i))
    (ii) The extent to which the costs are reasonable in relation to 
the objectives, design, and potential significance of the proposed 
project (up to 5 points). (34 CFR 75.210(f)(2)(iv))
    (iii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 5 points). (34 CFR 75.210(g)(2)(iv))
    (iv) The qualifications, including relevant training and 
experience, of key project personnel (up to 5 points). (34 CFR 
75.210(e)(3)(ii))
    (v) The adequacy of the applicant's plan to maintain control over 
all CSP grant funds (up to 5 points). (2022 NFP)
    (vi) The adequacy of the applicant's plan to make all programmatic 
decisions (up to 5 points). (2022 NFP)
    (vii) The adequacy of the applicant's plan to administer or 
supervise the administration of the grant, including maintaining 
management and oversight responsibilities over the grant (up to 5 
points). (2022 NFP)
    (2) Quality of the Continuation Plan (up to 20 points).
    In determining the quality of the continuation plan, the Secretary 
considers the extent to which the eligible applicant is prepared to 
continue to operate the charter school that would receive grant funds 
in a manner consistent with the eligible applicant's application once 
the grant funds under this program are no longer available. (2019 NFP)
    (3) Quality of the Project Design (up to 10 points).
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the proposed project demonstrates a 
rationale (as defined in 34 CFR 77.1(c)) (up to 5 points). (34 CFR 
75.210(c)(2)(xxix))
    (ii) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 5 points). (34 CFR 75.210(c)(2)(i))
    (4) Need for the Project (up to 30 points).
    The Secretary considers the need for the proposed project. In 
determining the need for the proposed project, the Secretary considers 
one or more of the following factors:
    (i) The magnitude or severity of the problem to be addressed by the 
proposed project (up to 15 points). (34 CFR 75.210(a)(2)(i))
    (ii) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project (up to 15 
points). (34 CFR 75.210(a)(2)(ii))
    (b) Selection Criteria for Grants for the Replication and Expansion 
of High-Quality Charter Schools (Assistance Listing Number 84.282E).
    (1) Quality of the Eligible Applicant (up to 20 points).
    In determining the quality of the eligible applicant, the Secretary 
considers the following factors:
    (i) The extent to which the academic achievement results (including 
annual student performance on statewide assessments and annual student 
attendance and retention rates and where applicable and available, 
student academic growth, high school graduation rates, postsecondary 
enrollment and persistence rates, including in college or career 
training programs, employment rates, earnings and other academic 
outcomes) for educationally disadvantaged students served by the 
charter schools operated or managed by the applicant have exceeded the 
average academic achievement results for such students served by other 
public schools in the State (up to 5 points). (2019 NFP)
    (ii) The extent to which one or more charter schools operated or 
managed by the applicant have closed; have had a charter revoked due to 
noncompliance with statutory or regulatory requirements; or have had 
their affiliation with the applicant revoked or terminated, including 
through voluntary disaffiliation (up to 5 points). (2019 NFP)
    (iii) The extent to which one or more charter schools operated or 
managed by the applicant have had any significant issues in the area of 
financial or operational management or student safety, or have 
otherwise experienced significant problems with statutory or regulatory 
compliance that could lead to revocation of the school's charter (up to 
5 points). (2019 NFP)
    (iv) The extent to which the schools operated or managed by the 
applicant demonstrate strong results on measurable outcomes in non-
academic areas such as, but not limited to, parent satisfaction, school 
climate, student mental health, civic engagement, and crime prevention 
and reduction (up to 5 points). (2019 NFP)
    (2) Quality of the Charter School's Management Plan (up to 35 
points).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 5 points). (34 CFR 75.210(g)(2)(i))
    (ii) The extent to which the costs are reasonable in relation to 
the objectives, design, and potential significance of the proposed 
project (up to 5 points). (34 CFR 75.210(f)(2)(iv))
    (iii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 5 points). (34 CFR 75.210(g)(2)(iv))
    (iv) The qualifications, including relevant training and 
experience, of key project personnel (up to 5 points). (34 CFR 
75.210(e)(3)(ii))
    (v) The adequacy of the applicant's plan to maintain control over 
all CSP grant funds (up to 5 points). (2022 NFP)
    (vi) The adequacy of the applicant's plan to make all programmatic 
decisions (up to 5 points). (2022 NFP)
    (vii) The adequacy of the applicant's plan to administer or 
supervise the

[[Page 40228]]

administration of the grant, including maintaining management and 
oversight responsibilities over the grant (up to 5 points). (2022 NFP)
    (3) Quality of the Continuation Plan (up to 10 points).
    In determining the quality of the continuation plan, the Secretary 
considers the extent to which the eligible applicant is prepared to 
continue to operate the charter school that would receive grant funds 
in a manner consistent with the eligible applicant's application once 
the grant funds under this program are no longer available. (2019 NFP)
    (4) Quality of the Project Design (up to 10 points).
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the proposed project demonstrates a 
rationale (as defined in 34 CFR 77.1(c)) (up to 5 points). (34 CFR 
75.210(c)(2)(xxix))
    (ii) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 5 points). (34 CFR 75.210(c)(2)(i))
    (5) Need for the Project (up to 25 points).
    The Secretary considers the need for the proposed project. In 
determining the need for the proposed project, the Secretary considers 
one or more of the following factors:
    (i) The magnitude or severity of the problem to be addressed by the 
proposed project (up to 15 points). (34 CFR 75.210(a)(2)(i))
    (ii) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project (up to 10 
points). (34 CFR 75.210(a)(2)(ii))
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, 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.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    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.

[[Page 40229]]

    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    5. Performance Measures: For the purposes of the Department 
reporting under 34 CFR 75.110: (a) The Secretary has two performance 
indicators to measure progress toward achieving the purposes of the 
program, which are discussed elsewhere in this notice. The performance 
indicators are: (1) the number of charter schools in operation around 
the Nation and (2) the percentage of fourth- and eighth-grade charter 
school students who are achieving at or above the proficient level on 
State assessments in mathematics and reading/language arts. 
Additionally, the Secretary has established the following measure to 
examine the efficiency of the CSP: The Federal cost per student in 
implementing a successful school (defined as a school in operation for 
three or more consecutive years).
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project. Applications 
must provide the following information as directed under 34 CFR 
75.110(b) and (c):
    (1) Performance measures. How each proposed performance measure 
would accurately measure the performance of the project and how the 
proposed performance measure would be consistent with the performance 
measures established for the program funding the competition.
    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii) 
if the applicant has determined that there are no established baseline 
data for a particular performance measure, an explanation of why there 
is no established baseline and 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 at a 
location to be determined in the continental United States during each 
year of the project. Applicants may include the cost of attending this 
meeting as an administrative cost in their proposed budgets.

VII. Other Information

    Accessible Format: 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. 2022-14448 Filed 7-5-22; 8:45 am]
BILLING CODE 4000-01-P