[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67876-67888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24704]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program (CSP)--Grants to Charter Management
Organizations for the Replication and Expansion of High-Quality Charter
Schools (CMO Grants)
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for new awards for fiscal year (FY) 2023 for CSP
CMO Grants, Assistance Listing Number (ALN) 84.282M. This notice
relates to the approved information collection under OMB control number
1810-0767.
DATES:
Applications Available: November 10, 2022.
Notice of Intent to Apply: Applicants are strongly encouraged but
not required to submit a notice of intent to apply by December 5, 2022.
Applicants who do not meet this deadline may still apply.
Deadline for Transmittal of Applications: January 3, 2023.
Deadline for Intergovernmental Review: March 4, 2023.
Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar to provide technical assistance to
prospective 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-grants-for-replications-and-expansion-of-high-quality-charter-schools/applicant-information-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: Stephanie S. Jones, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970.
Telephone: (202) 453-5563. Email: CMOCompetition2023ed.gov.
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 CMO Grant program (ALN 84.282M) 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 CSP CMO Grants, the Department
awards grants to charter management organizations (CMOs) \1\ on a
competitive basis to enable them to replicate or expand one or more
high-quality charter schools. Grant funds may be used to significantly
increase the enrollment of, or add one or more grades to, an existing
high-quality charter school or to open one or more new charter schools
or new campuses of a high-quality charter school based on the
educational model of an existing high-quality charter school. Charter
schools that receive financial assistance through CSP CMO Grants
provide programs of elementary or secondary education, or both, and may
also serve students in early childhood education programs or
postsecondary students, consistent with the terms of their charter.
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\1\ Terms defined in this notice are italicized the first time
each term is used.
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Background: 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.
On July 6, 2022, the Department published in the Federal Register a
notice of final priorities, requirements, definitions, and selection
criteria for this program (87 FR 40406) (2022 NFP), which supplements
the program statute and notice of final priorities, requirements,
definitions, and selection criteria for CSP CMO Grants published in the
Federal Register on November 30, 2018 (83 FR 61532) (2018 NFP). The
2022 NFP 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 promote school diversity. We also seek to promote greater fiscal
and operational transparency and accountability for CSP-funded charter
schools. The priorities, application requirements, assurances,
selection criteria, and definitions in this notice are designed to
increase access to high-quality, diverse, and equitable learning
[[Page 67877]]
opportunities, which should be a goal of all public schools.
Specifically, this competition includes a statutory priority from
section 4305(b)(5)(A) of the ESEA to promote racially and
socioeconomically diverse student bodies. The Department used a similar
priority in the FY 2019 competition (83 FR 65351).
This competition also includes an invitational priority to
encourage collaborations between charter schools and traditional public
schools or traditional school 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. Using an invitational priority allows the Department to
encourage beneficial collaborations without giving applications that
meet this priority preference over other applications.
Priorities: This notice includes three competitive preference
priorities and one invitational priority. In accordance with 34 CFR
75.105(b)(2)(iv), Competitive Preference Priority 1 is from section
4305(b)(5)(A) of the ESEA. Competitive Preference Priority 2 is from
the 2018 NFP. Competitive Preference Priority 3 is from the 2022 NFP.
Competitive Preference Priorities: For FY 2023 and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, these priorities are competitive preference
priorities. Under 34 CFR 75.105(c)(2)(i), we award up to an additional
7 points to an application that meets Competitive Preference Priority
1, up to an additional 7 points to an application that meets
Competitive Preference Priority 2, and up to an additional 7 points to
an application that meets Competitive Preference Priority 3, depending
on how well the application meets one or more of these priorities.
An applicant 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 competitive
preference priority points. The Department will not review or award
points for any 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
competitive preference priority points. An application may receive a
total of up to 21 additional points under the competitive preference
priorities.
These priorities are:
Competitive Preference Priority 1--Racially and Socioeconomically
Diverse Student Bodies (up to 7 points).
Under this priority, applicants must propose to operate or manage
high-quality charter schools with racially and socioeconomically
diverse student bodies. (Section 4305(b)(5)(A) of the ESEA).
Competitive Preference Priority 2--High School Students (up to 7
points).
Under this priority, applicants must propose to--
(a) Replicate or expand high-quality charter schools to serve high
school students, including educationally disadvantaged students;
(b) Prepare students, including educationally disadvantaged
students, in those schools for enrollment in postsecondary education
institutions through activities such as, but not limited to,
accelerated learning programs (including Advanced Placement and
International Baccalaureate courses and programs, dual or concurrent
enrollment programs, and early college high schools), college
counseling, career and technical education programs, career counseling,
internships, work-based learning programs (such as apprenticeships),
assisting students in the college admissions and financial aid
application processes, and preparing students to take standardized
college admissions tests;
(c) Provide support for students, including educationally
disadvantaged students, who graduate from those schools and enroll in
postsecondary education institutions in persisting in, and attaining a
degree or certificate from, such institutions, through activities such
as, but not limited to, mentorships, ongoing assistance with the
financial aid application process, and establishing or strengthening
peer support systems for such students attending the same institution;
and
(d) Propose one or more project-specific performance measures,
including aligned leading indicators or other interim milestones, that
will provide valid and reliable information about the applicant's
progress in preparing students, including educationally disadvantaged
students, for enrollment in postsecondary education institutions and in
supporting those students in persisting in and attaining a degree or
certificate from such institutions. An applicant addressing this
priority and receiving a CSP CMO Grant must provide data that are
responsive to the measure(s), including performance targets, in its
annual performance reports to the Department.
(e) For purposes of this priority, postsecondary education
institutions include institutions of higher education, as defined in
section 8101(29) of the ESEA, and one-year training programs that meet
the requirements of section 101(b)(1) of the Higher Education Act of
1965, as amended (HEA).
Competitive Preference Priority 3--Promoting High-Quality Educator-
and Community-Centered Charter Schools to Support Underserved Students
(up to 7 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; 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 (a) of this priority, accompanied by a
timeline for key milestones that span the course of planning,
development, and implementation of the charter school.
Invitational Priority: For FY 2023, 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) The Secretary is particularly interested in funding
applications that 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
[[Page 67878]]
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 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 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 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 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 a 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, the grantee provides evidence of participation in the
collaboration (which may include, but is not required to include, a
memorandum of understanding).
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, the 2018 NFP, 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 a State educational
agency, local educational agency (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)
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\
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\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).
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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
[[Page 67879]]
of schools), automatically enrolls students who are enrolled in the
immediate prior grade level of the affiliated charter school and, for
any additional student openings or student openings created through
regular attrition in student enrollment in the affiliated charter
school and the enrolling school, admits students on the basis of a
lottery as described in clause (i);
(9) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(10) Meets all applicable Federal, State, and local health and
safety requirements;
(11) Operates in accordance with State law;
(12) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(13) May serve students in early childhood education programs or
postsecondary students. (Section 4310(2) of the ESEA)
Child with a disability means--
(1) 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, specific
learning disabilities, deaf-blindness, or multiple 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 local
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)
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 child care 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, students who are
children with disabilities, migrant students, English learners,
neglected or delinquent students, homeless students, and students who
are in foster care. (2018 NFP)
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
[[Page 67880]]
the results would reveal personally identifiable information about an
individual student. (Section 4310(8) of the ESEA)
Institution of higher education means an educational institution in
any State that--
(1) Admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate, or persons who meet the
requirements of section 484(d) of the HEA;
(2) Is legally authorized within such State to provide a program of
education beyond secondary education;
(3) Provides an educational program for which the institution
awards a bachelor's degree or provides not less than a 2-year program
that is acceptable for full credit toward such a degree, or awards a
degree that is acceptable for admission to a graduate or professional
degree program, subject to review and approval by the Secretary;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted pre-accreditation status by such an agency or association that
has been recognized by the Secretary for the granting of pre-
accreditation status, and the Secretary has determined that there is
satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(2018 NFP)
Logic model (also referred to as theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes. (34 CFR 77.1)
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)
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)
Application Requirements:
Applications for CSP CMO Grant funds must address the following
application requirements. These requirements are from sections
4303(f)(1) \3\ and 4305(b)(3) of the ESEA, the 2018 NFP, and the 2022
NFP. The Department will not fund an application that does not meet
each application requirement. The source of each requirement is
provided in parentheses following each requirement.
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\3\ Per section 4305(c) of the ESEA, CSP CMO Grants shall have
the same terms and conditions as grants awarded to State entities
under section 4303. For clarity, the Department has replaced the
term ``State entity'' with ``applicant'' in the requirements that
derive from section 4303.
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In addressing the application requirements, applicants must clearly
identify which application requirement they are addressing. An
applicant must respond to application requirement (a) in a stand-alone
section of the application or in an appendix. For all other application
requirements, an applicant may choose to respond to each requirement
separately or in the context of the applicant's responses to the
selection criteria in section V.1 of this notice.
Applications for funding under the CSP CMO Grant program must--
(a) Describe the applicant's objectives in running a quality
charter school program and how the program will be carried out,
including--
(1) A description of how the applicant will ensure that charter
schools receiving funds under this program meet the educational needs
of their students, including children with disabilities and English
learners (Section 4303(f)(1)(A)(x) of the ESEA); and
(2) A description of how the applicant will ensure that each
charter school receiving funds under this program has considered and
planned for the transportation needs of the school's students (Section
4303(f)(1)(E) of the ESEA);
(b) For each charter school currently operated or managed by the
applicant, provide--
(1) Student assessment results for all students and for each
subgroup of students described in section 1111(c)(2) of the ESEA;
(2) 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
(3) Information on any significant compliance and management issues
encountered within the last 3 school years by any school operated or
managed by the eligible entity, including in the areas of student
safety and finance (Section 4305(b)(3)(A) of the ESEA);
(c) Describe the educational program that the applicant will
implement in each charter school receiving funding under this program,
including--
(1) Information on how the program will enable all students to meet
the challenging State academic standards;
(2) The grade levels or ages of students who will be served; and
(3) The instructional practices that will be used (Section
4305(b)(3)(B)(ii) of the ESEA);
(d) Demonstrate that the applicant currently operates or manages
more than one charter school. For purposes of this program, multiple
charter schools
[[Page 67881]]
are considered to be separate schools if each school--
(1) Meets each element of the definition of charter school under
section 4310(2) of the ESEA; and
(2) Is treated as a separate school by its authorized public
chartering agency and the State in which the charter school is located,
including for purposes of accountability and reporting under title I,
part A of the ESEA (2018 NFP);
(e) Provide information regarding any compliance issues, and how
they were resolved, for any charter schools operated or managed by the
applicant that have--
(1) Closed;
(2) Had their charter(s) revoked due to problems with statutory or
regulatory compliance, including compliance with sections 4310(2)(G)
and (J) of the ESEA; or
(3) Had their affiliation with the applicant revoked or terminated,
including through voluntary disaffiliation (2018 NFP);
(f) Provide a complete logic model for the grant project. The logic
model must include the applicant's objectives for replicating or
expanding one or more high-quality charter schools with funding under
this program, including the number of high-quality charter schools the
applicant proposes to replicate or expand (2018 NFP);
(g) If the applicant currently operates, or is proposing to
replicate or expand a single-sex charter school or coeducational
charter school that provides a single-sex class or extracurricular
activity (collectively referred to as a ``single-sex educational
program''), demonstrate that the existing or proposed single-sex
educational program is in compliance with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681, et seq.) and its implementing
regulations, including 34 CFR 106.34 (2018 NFP);
(h) Describe how the applicant currently operates or manages the
high-quality charter schools for which it has presented evidence of
success and how the proposed replicated or expanded charter schools
will be operated or managed, including the legal relationship between
the applicant and its schools. If a legal entity other than the
applicant has entered or will enter into a performance contract with an
authorized public chartering agency to operate or manage one or more of
the applicant's schools, the applicant must also describe its
relationship with that entity (2018 NFP);
(i) Describe how the applicant will solicit and consider input from
parents and other members of the community on the implementation and
operation of each replicated or expanded charter school, including in
the area of school governance (2018 NFP);
(j) Describe the lottery and enrollment procedures that will be
used for each replicated or expanded charter school if more students
apply for admission than can be accommodated, including how any
proposed weighted lottery complies with section 4303(c)(3)(A) of the
ESEA (2018 NFP);
(k) Describe how the applicant will ensure that all eligible
children with disabilities receive a free appropriate public education
in accordance with Part B of the Individuals with Disabilities
Education Act (2018 NFP);
(l) Describe how the proposed project will assist educationally
disadvantaged students in mastering challenging State academic
standards (2018 NFP);
(m) Provide a budget narrative, aligned with the activities, target
grant project outputs, and outcomes described in the logic model, that
outlines how grant funds will be expended to carry out planned
activities (2018 NFP);
(n) Provide the applicant's most recent independently audited
financial statements prepared in accordance with generally accepted
accounting principles (2018 NFP);
(o) Describe the applicant's policies and procedures to assist
students enrolled in a charter school that closes or loses its charter
to attend other high-quality schools (2018 NFP);
(p) Provide--
(1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the applicant believes are
necessary for the successful operation of the charter schools to be
replicated or expanded; and
(2) A description of any State or local rules, generally applicable
to public schools, that will be waived, or otherwise not apply, to such
schools (2018 NFP);
(q) Provide a needs analysis and describe 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 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, or evidence of
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 proposed
charter school would be located and the school districts from which
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 socioeconomically 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
socioeconomically diverse student body at the proposed charter school
because the charter school would be located in a racially or
socioeconomically segregated or isolated community, or due to the
charter school's specific educational mission, must describe--
(i) Why it is unlikely to establish and maintain a racially and
socioeconomically diverse student body at the proposed charter school;
(ii) How the anticipated racial and socioeconomic makeup of the
student body would promote the purposes of the CSP, including to
provide high-quality educational opportunities to underserved students,
which may include a specialized educational program or mission; and
(iii) The anticipated impact of the proposed charter school on the
racial and socioeconomic 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--
[[Page 67882]]
(i) 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.
(ii) How the charter school will meaningfully engage with both
families and the community to create strong and ongoing partnerships.
(iii) 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.
(5) How the charter school's recruitment, admissions, enrollment,
and retention policies and practices will engage and accommodate
students and families from diverse backgrounds, including English
learners, students with disabilities, and students of color, including
holding enrollment and recruitment events on weekends or during
nonstandard 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).
(6) 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.
(7) 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).
(8) A description of the steps the applicant has taken or will take
to ensure that the proposed charter school (1) would not hamper, delay,
or negatively affect any desegregation efforts in the local community
in which the charter school would be located or in 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 (2) to ensure that the proposed
charter school would not otherwise increase racial or socioeconomic
segregation or isolation in the schools from which the students are, or
would be, drawn to attend the charter school (2022 NFP);
(r) 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, 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., 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 management organization and that the
charter school's legal, accounting, and auditing services will be
procured independently from the 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); and
(s) 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)
Assurances:
[[Page 67883]]
Applicants for CSP CMO Grants must provide the following
assurances. These assurances are from sections 4303(f)(2) and
4305(b)(3)(C) 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) The grantee will support charter schools in meeting the
educational needs of their students, as described in section
4303(f)(1)(A)(x) of the ESEA. (Section 4303(f)(2)(B) of the ESEA)
(b) The grantee will ensure that each charter school receiving
funds under this program makes publicly available, consistent with the
dissemination requirements of the annual State report card under
section 1111(h) of the ESEA, including on the website of the school,
information to help parents make informed decisions about the education
options available to their children, including--
(1) Information on the educational program;
(2) Student support services;
(3) Parent contract requirements (as applicable), including any
financial obligations or fees;
(4) Enrollment criteria (as applicable); and
(5) Annual performance and enrollment data for each of the
subgroups of students, as defined in section 1111(c)(2) of the ESEA,
except that such disaggregation of performance and enrollment data
shall not be required in a case in which the number of students in a
group is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student. (Section 4303(f)(2)(G) of the ESEA)
(c) The eligible entity has sufficient procedures in effect to
ensure timely closure of low-performing or financially mismanaged
charter schools and clear plans and procedures in effect for the
students in such schools to attend other high-quality schools. (Section
4305(b)(3)(C) of the ESEA)
(d) Each charter school it funds 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)
(e) Any management contract between a charter school that the
applicant funds 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;
(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 charter school that the applicant funds 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 in accordance with 34 CFR 75.701;
(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 charter school that the applicant funds 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)
(h) Each charter school that the applicant funds 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 socioeconomic diversity in such community
or have an educational mission to serve primarily underserved students,
and not increase racial or socioeconomic 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
[[Page 67884]]
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 charter school that the applicant funds 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)
(j) Each applicant must provide an assurance that, within 120 days
of the date of the grant award notification (GAN), the grantee will
post on its website:
(1) A list of the charter schools slated to receive CSP funds,
including the following for each school:
(i) The name, address, and grades served.
(ii) A description of the educational model.
(iii) 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.
(iv) 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.
(v) The grant (redacted as necessary).
(2) As applicable for CMO grants, such a list must be updated at
least annually and provide the anticipated number of charter schools
that will receive CSP planning funds before securing a facility.
Note: The Department recognizes that the charter approval process
may exceed the 18-month planning period prescribed under section
4303(d)(1)(B) of the ESEA. In such a case, a grantee may request a
waiver from the Department under section 4303(d)(5), to enable the
grantee to amend its approved application to extend the 18-month
planning period prescribed by section 4303(d)(1)(B). 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) of the ESEA,
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.
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 2018 NFP. (e) The 2022 NFP.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $95,000,000.
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: $250,000 to $15,000,000 per year.
Estimated Average Size of Awards: $2,000,000 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 charter school.
Estimated Number of Awards: 15-20.
Note: The Department is not bound by any estimates in this notice.
The estimated range and average size of awards are based on a single
12-month budget period. We may use available funds to support multiple
12-month budget periods for one or more grantees.
Project Period: Up to 60 months.
A grant awarded by the Secretary under this competition may be for
a period of not more than 5 years, of which the grantee may use not
more than 18 months for planning and program design. (Section
4303(d)(1)(B) of the ESEA)
III. Eligibility Information
1. Eligible Applicants: CMOs. Eligible applicants may apply
individually or as part of a group or consortium.
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; or (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.
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: 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.
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
the Cost Principles described in 2
[[Page 67885]]
CFR part 200 subpart E of the Uniform Guidance.
3. Subgrantees: A grantee under this competition may not award
subgrants.
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 replicated or expanded high-quality charter school.
For this competition, the maximum limit of grant funds that may be
awarded for a 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.
5. Other CSP Grants: A charter school that previously received
funds for replication or expansion under this program, or that has been
awarded a subgrant or grant for opening or preparing to operate a new
charter school, replication, or expansion under the CSP Grants to State
Entities (SE Grants) program (ALN 84.282A) or CSP Grants to Developers
for the Opening of New Charter Schools and for the Replication and
Expansion of High-Quality Charter Schools (Developer Grants) program
(ALNs 84.282B and 84.282E), may not receive funds under this grant to
carry out the same activities. However, such a charter school may be
eligible to receive funds through a CSP CMO Grant awarded under this
competition to expand the charter school beyond the existing grade
levels or student count.
Likewise, a charter school that is included in an approved
application for funding under this competition is ineligible to receive
a subgrant or grant to carry out the same activities under the CSP SE
Grant program (ALN 84.282A) or CSP Developer Grant program (ALNs
84.282B and 84.282E), including for opening or preparing to operate a
new charter school or for replication or expansion of a high-quality
charter school.
IV. Application and Submission 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.
4. Funding Restrictions: Grantees under this program must use the
grant funds to replicate or expand the charter school model or models
for which the applicant has presented evidence of success.
Specifically, grant funds must be used to carry out allowable
activities, as described in section 4305(b)(1) of the ESEA. In
addition, grant funds must be used to carry out one or more of the
activities described in section 4303(h), which include--
(a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
(1) Providing professional development; and
(2) Hiring and compensating, during the eligible applicant's
planning period, one or more of the following:
(i) Teachers.
(ii) School leaders.
(iii) Specialized instructional support personnel;
(b) Acquiring supplies, training, equipment (including technology),
and educational materials (including developing and acquiring
instructional materials);
(c) Carrying out necessary renovations to ensure that a new school
building complies with applicable statutes and regulations, and minor
facilities repairs (excluding construction);
(d) Providing one-time, startup costs associated with providing
transportation to students to and from the charter school;
(e) Carrying out community engagement activities, which may include
paying the cost of student and staff recruitment; and
(f) Providing for other appropriate, non-sustained costs related to
the replication or expansion of high-quality charter schools when such
costs cannot be met from other sources.
Further, within the context of opening and preparing for the
operation of one or more replicated high-quality charter schools or
expanding one or more high-quality charter schools, a portion of grant
funds can be used for appropriate, non-sustained costs associated with
the expansion or improvement of the grantee's oversight or management
of its charter schools, provided that (i) the specific charter schools
being replicated or expanded under the grant are the intended
beneficiaries of such expansion or improvement; (ii) such expansion or
improvement is intended to improve the grantee's ability to manage or
oversee the charter schools being replicated or expanded under the
grant; and (iii) the costs cannot be met from other sources. In order
to use grant funds for this purpose, an applicant must describe how the
proposed costs are necessary to meet the objectives of the project and
reasonable in light of the overall cost of the project.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
5. Recommended Page Limit and English Language Requirement: The
project narrative 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 project
narrative to no more than 60 pages, and (2) use the following
standards:
[[Page 67886]]
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 project 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 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 project 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.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 75.210, the 2018 NFP, and the 2022 NFP. 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.
In evaluating an application for a CSP CMO Grant, the Secretary
considers the following criteria:
(a) Quality of the Eligible Applicant and Adequacy of Resources (up
to 30 points).
In determining the quality of the eligible applicant, the Secretary
considers the following factors:
(1) The extent to which the academic achievement results (including
annual student performance on statewide assessments, annual student
attendance and retention rates, and, where applicable and available,
student academic growth, high school graduation rates, college
attendance rates, and college persistence rates) for educationally
disadvantaged students served by the charter schools operated or
managed by the applicant have exceeded the average academic achievement
results for such students served by other public schools in the State
(up to 15 points). (2018 NFP)
(2) The extent to which one or more charter schools operated or
managed by the applicant have closed; have had a charter revoked due to
noncompliance with statutory or regulatory requirements; or have had
their affiliation with the applicant revoked or terminated, including
through voluntary disaffiliation (up to 5 points). (2018 NFP)
(3) The extent to which one or more charter schools operated or
managed by the applicant have had any significant issues in the area of
financial or operational management or student safety, or have
otherwise experienced significant problems with statutory or regulatory
compliance that could lead to revocation of the school's charter (up to
5 points). (2018 NFP)
(4) The potential for continued support of the project after
Federal funding ends, including, as appropriate, the demonstrated
commitment of appropriate entities to such support (up to 5 points).
(34 CFR 75.210)
(b) Quality of the Needs Analysis (up to 25 points).
In determining the quality of the needs analysis, the Secretary
considers the following factors:
(1) The extent to which the needs analysis demonstrates that the
proposed charter school will address the needs of all students served
by the charter school, including underserved students; will ensure
equitable access to high-quality learning opportunities; and
demonstrates sufficient demand for the charter school (up to 10
points). (2022 NFP)
(2) The extent to which the needs analysis demonstrates that the
proposed charter school has considered and mitigated, whenever
possible, potential barriers to application, enrollment, and retention
of underserved students and their families (up to 10 points). (2022
NFP)
(3) The extent to which the proposed charter school is supported by
families and the community, including the extent to which parents and
other members of the community were engaged in determining the need and
vision for the school and will continue to be engaged on an ongoing
basis, including in the academic, financial, organizational, and
operational performance of the charter school (up to 5 points). (2022
NFP)
(c) Quality of the Project Design and Evaluation Plan for the
Proposed Project (up to 10 points).
In determining the quality of the evaluation plan for the proposed
project, the Secretary considers the following factors:
(1) The extent to which there is a conceptual framework underlying
the proposed research or demonstration activities and the quality of
that framework (up to 2 points). (34 CFR 75.210)
(2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the proposed project, as described in the
applicant's logic model, and that will produce quantitative and
qualitative data by the end of the grant period (up to 6 points). (2018
NFP)
(3) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable
(up to 2 points). (34 CFR 75.210)
(d) Quality of the Management Plan (up to 35 points).
In determining the quality of the management plan for the proposed
project, the Secretary considers the following factors:
(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 (up to 6 points). (34 CFR 75.210(g)(2)(i))
(2) The extent to which the costs are reasonable in relation to the
objectives, design, and potential significance of the proposed project
(up to 6 points). (34 CFR 75.210(f)(2)(iv))
(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
(up to 5 points). (34 CFR 75.210(g)(2)(iv))
(4) The adequacy of the applicant's plan to maintain control over
all CSP grant funds (up to 6 points). (2022 NFP)
(5) The adequacy of the applicant's plan to make all programmatic
decisions (up to 6 points). (2022 NFP)
(6) The adequacy of the applicant's plan to administer or supervise
the administration of the grant, including maintaining management and
oversight
[[Page 67887]]
responsibilities over the grant (up to 6 points). (2022 NFP)
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 GAN; or we may
send you an email containing a link to access an electronic version of
your GAN. We may notify you informally, also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
5. Performance Measures: (a) For the purposes of Department
reporting under 34 CFR 75.110 the Secretary has two performance
indicators: (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).
[[Page 67888]]
(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.
James Lane,
Senior Advisor to the Secretary Delegated the Authority to Perform the
Functions and Duties of the Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2022-24704 Filed 11-9-22; 8:45 am]
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