[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15697-15706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05118]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Magnet Schools Assistance Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2023 for the Magnet Schools 
Assistance Program (MSAP), Assistance Listing Number 84.165A. This 
notice relates to the approved information collection under OMB control 
number 1855-0011.

DATES: 
    Applications Available: March 14, 2023.
    Deadline for Notice of Intent to Apply: April 13, 2023.
    Deadline for Transmittal of Applications: May 15, 2023.
    Deadline for Intergovernmental Review: July 12, 2023.
    Pre-Application Webinar Information: No later than March 24, 2023, 
MSAP will begin holding webinars to provide technical assistance to 
interested applicants on key application-related topics. Interested 
applicants are strongly encouraged to participate or review the 
accompanying materials available online. Updated information and past 
application webinars can be found on the MSAP website at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/school-choice-improvement-programs/magnet-school-assistance-program-msap/. Recordings of all webinars will be available on the MSAP website 
following the sessions.

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 7, 2022 (87 FR 75045), and available at 
www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Gillian Cohen-Boyer, U.S. Department 
of Education, 400 Maryland Avenue SW, Room 3C134, Washington, DC 20202-
5970. Telephone: (202) 401-1259. 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: MSAP, authorized under title IV, part D of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA), 
provides grants to local educational agencies (LEAs) and consortia of 
LEAs to create or revise magnet schools under required or voluntary 
desegregation plans.
    Under section 4401(b) of the ESEA, 20 U.S.C. 7231, the purpose of 
MSAP is to assist LEAs in the desegregation of schools by providing 
financial assistance to eligible LEAs for: (1) the elimination, 
reduction, or prevention of minority group isolation (MGI) in 
elementary schools and secondary schools with substantial proportions 
of minority students, which shall include assisting in the efforts of 
the United States to achieve voluntary desegregation in public schools; 
(2) the development, implementation, and expansion of magnet school 
programs that will assist LEAs in achieving systemic reforms and 
providing all students the opportunity to meet challenging State 
academic standards; (3) the development, design, and expansion of 
innovative educational methods and practices that promote diversity and 
increase choices in public elementary schools and public secondary 
schools and public educational programs; (4) courses of instruction 
within magnet schools that will substantially strengthen the knowledge 
of academic subjects and the attainment of tangible and marketable 
career, technological, and professional skills of students attending 
such schools; (5) improving the capacity of LEAs, including through 
professional development, to continue operating magnet schools at a 
high performance level after Federal funding for the magnet schools is 
terminated; and (6) ensuring that all students enrolled in the magnet 
school programs have equitable access to high-quality education that 
will enable the students to succeed academically and continue with 
postsecondary education or employment.
    Background: Since its inception nearly 40 years ago, MSAP has 
supported LEAs to create magnet schools, defined under section 4402 of 
the ESEA, 20 U.S.C. 7231a, as public elementary or secondary schools or 
education centers that offer ``a special curriculum capable of 
attracting substantial numbers of students of different racial 
backgrounds,'' as part of their efforts to voluntarily desegregate 
their schools or meet the intended outcomes of desegregation plans 
required by a final order of any court of the United States, a court of 
any State, or any other State agency or official of competent 
jurisdiction (herein referred to as ``required plans'' or ``required 
desegregation plans''). In this competition, the Department seeks to 
promote applications that effectively address the legislative purpose 
of the MSAP statute, namely assisting LEAs in the desegregation of 
schools through the use of magnet schools, by requiring applicants to 
demonstrate how they intend to align the elements of their proposed 
MSAP projects to address the goals identified in their required or 
voluntary desegregation plans. Applicants are required to include a 
copy of their required or voluntary desegregation plans as a component 
of their applications under sections 4403 and 4404 of the ESEA, 20 
U.S.C. 7231b and 7231c. In accordance with 20 U.S.C. 7231d, 34 CFR 
280.2 and 280.20, under section III, part 4 of this notice, applicants 
must summarize the specific goals and objectives of their required or 
voluntary desegregation plan and explain how Federal funding of 
specific magnet schools will assist in achieving their objectives 
related to the reduction, prevention, or elimination of MGI either in 
the proposed magnets or in those magnets' feeder schools (as defined in 
this notice). Applicants must demonstrate at the time of submission 
that the goals and objectives with regards to the creation or further 
development of the proposed magnet schools have been recently approved 
by the applicant's or applicants' school board(s), if operating under a 
voluntary plan, or that a court, or other cognizant entity as 
appropriate, has been asked to consider modifying a required plan with 
these specific goals and objectives in the case of required plans. This 
information will assist the Department in confirming applicants' 
eligibility for an award and inform the Department's review of an

[[Page 15698]]

applicant's project narrative against the selection criteria outlined 
in section V, part 1 of this notice.
    Beyond proposing effective plans for creating or revising magnet 
schools that offer unique educational opportunities and attract 
substantial numbers of students of different backgrounds, we encourage 
applicants to employ a range of strategies to maximize the potential of 
providing equitable access to opportunities for all students to meet 
challenging State academic standards as a key aspect of their systemic 
reforms. Competitive Preferences Priorities 1-4 were established by 
Congress in the reauthorization of MSAP under ESEA as tools for 
promoting educational equity and commitments to excellence. 
Additionally, under section 4407 of the ESEA, 20 U.S.C. 7231f, MSAP 
permits applicants to support student transportation to and from magnet 
schools, provided the transportation costs are sustainable beyond the 
grant period and the costs do not constitute a significant portion of 
their grant funds. Also, under Competitive Preference Priority 5, we 
provide competitive preference for applicants that propose to 
establish, expand, or strengthen inter-district and regional magnet 
programs consistent with section 4407(a)(8) of the ESEA, 20 U.S.C. 
7231f.\1\ Responses to Competitive Preference Priority 5 could include 
activities such as establishing and participating in a voluntary, 
inter-district transfer program for students within geographic 
proximity but across districts' boundary lines; making strategic 
decisions regarding the selection of magnet school sites or revising 
school boundaries, attendance zones, or feeder patterns to take into 
account neighboring communities; and formal merging or coordination 
among multiple educational jurisdictions in order to pool and more 
equitably allocate resources, provide transportation, expand curricula 
options, and expand high-quality public school options for students 
from low-income backgrounds. In responding to Competitive Preference 
Priority 5, we encourage applicants to describe specific strategies 
beyond inter-district transfer policies, for example, that the 
applicant intends to employ to further promote diversity and increase 
choices across district, geographic, or other boundary lines through 
the proposed MSAP project.
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    \1\ We note that, in a FY 2023 Appropriations Report (H.R. Rep. 
No. 117-403 at 263 (2022)), the House Committee on Appropriations 
directs the Department to include such a priority, citing a 2019 
report by the Urban Institute indicating that two-thirds of total 
school segregation in metropolitan areas is due to segregation 
between, rather than within, school districts. Monarrez, 
T[oacute]mas, Kisida, Brian, and Chingos, Matthew. When is a school 
segregated? Making sense of segregation 65 years after Brown v. 
Board of Education. Urban Institute, September 27, 2019. Retrieved 
January 3, 2021, from www.urban.org/research/publication/when-school-segregated-making-sense-segregation-65-years-after-brown-v-board-education.
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    To increase the overall diversity of the school settings in which 
students learn and best support a diverse set of learners within 
proposed magnet schools, under Competitive Preference Priority 6, we 
provide competitive preference to applicants that demonstrate 
connections between their proposed MSAP projects and broader school or 
district efforts to increase students' access to high-quality 
instruction delivered by a diverse and well-supported group of 
educators. In responding to Competitive Preference Priority 6, we 
encourage applicants to describe how they intend to leverage the LEA's 
broader human resource efforts as an integrated component in meeting 
the goals and objectives of the MSAP project. For example, to further 
LEA efforts to ameliorate teacher shortages in science, technology, 
engineering, and mathematics, and expand access for all students to 
rigorous coursework in these areas, an applicant could propose to 
provide meaningful professional development and leadership 
opportunities for excellent educators to expand their instructional 
reach beyond a single school building to more students using 
technology.
    Additionally, through Invitational Priority 1, we encourage 
applicants to establish whole-school magnet programs in order to 
promote equitable learning opportunities for students in ways that 
allow all students within a school to successfully engage in the 
special curriculum and meet challenging academic content standards and 
to decrease the likelihood of tracking or segregation within schools.
    The Department is also interested in projects that propose to 
coordinate with relevant government entities--such as housing and 
transportation authorities, among others--given the impact that other 
public policy choices may have on the composition of a school's student 
body. For example, the Department seeks applications connecting MSAP 
projects to nearby public housing redevelopment projects, such as those 
funded through the Department of Housing and Urban Development (HUD) 
Choice Neighborhoods Initiative and the HUD Rental Assistance 
Demonstration program. Accordingly, under Invitational Priority 2, and 
more generally through the selection criteria outlined in section V of 
this notice, we encourage projects that propose to coordinate efforts 
with housing and transportation authorities, as well as other Federal, 
State, or local agencies, or community-based organizations.
    To assist grantees in grounding their programs in the existing 
knowledge base, as well as identifying practices that will improve LEA 
capacity to continue operating magnet schools at high performance 
levels beyond the funding period, this competition provides 
opportunities for applicants to address the use of evidence in several 
ways. Under Selection Criteria 1--Desegregation, outlined in section V, 
part 1(a) of this notice, applicants are encouraged to demonstrate a 
rationale, that is, to demonstrate how, strategically, their proposed 
project activities would allow them to meet the purposes of MSAP. In 
response to the quality of the project evaluation selection criterion 
in part 2(e), applicants should discuss both how they will monitor the 
implementation and results of their MSAP project activities and how 
they plan to evaluate a specific project component or components in a 
study designed to yield results at the level of promising evidence or 
higher. This study, to be reported on by the end of the grants project 
as outlined in section IV (4)(c), is one measure to assist the LEA in 
building capacity to continue operating magnet schools at a high 
performance level after Federal funding for the magnet schools ends.
    Priorities: This competition includes six competitive preference 
priorities and two invitational priorities. In accordance with 34 CFR 
75.105(b)(2)(ii), Competitive Preference Priorities 1 and 3 are from 
the MSAP regulations at 34 CFR 280.32. In accordance with 34 CFR 
75.105(b)(2)(iv), Competitive Preference Priorities 2 and 4 are from 
section 4406 of the ESEA, 20 U.S.C. 7231e. In accordance with 34 CFR 
75.105(b)(2)(v), Competitive Preference Priority 5 is from allowable 
activities specified in section 4407 of the ESEA, 20 U.S.C. 7231f, and 
Competitive Preference Priority 6 is from the Final Priorities and 
Definitions--Secretary's Supplemental Priorities and Definitions for 
Discretionary Grants Programs, published in the Federal Register on 
December 10, 2021 (86 FR 70612) (Supplemental Priorities).
    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 2 additional 
points to an application depending on how well the application meets 
Competitive Preference Priority 1,

[[Page 15699]]

up to 3 additional points to an application depending on how well the 
application meets Competitive Preference Priority 2, up to 2 additional 
points to an application depending on how well the application meets 
Competitive Preference Priority 3, up to 3 additional points to an 
application depending on how well the application meets Competitive 
Preference Priority 4, up to 3 additional points to an application 
depending on how well the application meets Competitive Preference 
Priority 5, and up to 3 additional points to an application depending 
on how well the application meets Competitive Preference Priority 6, 
for up to a total of 16 additional points. These points are in addition 
to any points the application earns under the selection criteria in 
this notice. Applicants may address one or more of the competitive 
preference priorities.
    These priorities are:
    Competitive Preference Priority 1--Need for Assistance (up to 2 
points).
    The Secretary evaluates the applicant's need for assistance by 
considering--
    (1) The costs of fully implementing the magnet schools project as 
proposed;
    (2) The resources available to the applicant to carry out the 
project if funds under the program were not provided;
    (3) The extent to which the costs of the project exceed the 
applicant's resources; and
    (4) The difficulty of effectively carrying out the approved plan 
and the project for which assistance is sought, including consideration 
of how the design of the magnet school project--e.g., the type of 
program proposed, the location of the magnet school within the LEA--
impacts the applicant's ability to successfully carry out the approved 
plan.
    Competitive Preference Priority 2--New or Revised Magnet Schools 
Projects and Strength of Evidence to Support Proposed Projects (up to 3 
points).
    The Secretary determines the extent to which the applicant proposes 
to (1) carry out a new, evidence-based magnet school program; (2) 
significantly revise an existing magnet school program, using evidence-
based methods and practices, as available; or (3) replicate an existing 
magnet school program that has a demonstrated record of success in 
increasing student academic achievement and reducing isolation of 
minority groups.
    Competitive Preference Priority 3--Selection of Students (up to 2 
points).
    The Secretary determines the extent to which the applicant proposes 
to select students to attend magnet schools by methods such as lottery, 
rather than through academic examination.
    Competitive Preference Priority 4--Increasing Racial Integration 
and Socioeconomic Diversity (up to 3 points).
    The Secretary determines the extent to which the applicant proposes 
to increase racial integration by taking into account socioeconomic 
diversity in designing and implementing magnet school programs.
    Competitive Preference Priority 5--Inter-district and Regional 
Approaches (up to 3 points).
    Under this priority, an applicant must demonstrate that grant funds 
will be used to enable the LEA, or consortium of such agencies, or 
other organizations partnered with such agency or consortium, to 
establish, expand, or strengthen inter-district and regional magnet 
programs.
    Competitive Preference Priority 6--Supporting a Diverse Educator 
Workforce and Professional Growth to Strengthen Student Learning (up to 
3 points).
    Projects that are designed to increase the proportion of well-
prepared, diverse, and effective educators serving students, with a 
focus on underserved students, through building or expanding high-
poverty school districts' capacity to hire, support, and retain an 
effective and diverse educator workforce, through one or both of the 
following:
    (a) Adopting or expanding comprehensive, strategic career and 
compensation systems that provide competitive compensation and include 
opportunities for educators to serve as mentors and instructional 
coaches, or to take on additional leadership roles and responsibilities 
for which educators are compensated.
    (b) Developing data systems, timelines, and action plans for 
promoting inclusive and bias-free human resources practices that 
promote and support development of educator diversity.
    Invitational 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 invitational priorities. Under 34 CFR 
75.105(c)(1), we do not give an application that meets these 
invitational priorities a competitive or absolute preference over other 
applications.
    These priorities are:
    Invitational Priority 1--Whole School Magnet Programs.
    Projects that propose to implement ``whole-school magnet'' schools 
in which all students enrolled in the school participate in the magnet 
school program, rather than schools that implement magnet programs 
within schools that are offered to less than the entire school 
population.
    Invitational Priority 2--Coordination Across Agencies and 
Organizations.
    Projects that propose to coordinate efforts with relevant 
governmental agencies, such as housing or transportation authorities, 
or community organizations to promote student diversity and achievement 
in magnet schools. This may include projects coordinated with public 
housing redevelopment efforts, such as those funded through the HUD 
Choice Neighborhoods Initiative or the HUD Rental Assistance 
Demonstration program.
    Definitions: The definition of ``evidence-based'' is from 20 U.S.C. 
7801. The definitions of ``desegregation,'' ``feeder school,'' ``magnet 
school,'' and ``minority group'' are from 34 CFR 280.4. The definitions 
of ``demonstrates a rationale,'' ``experimental study,'' ``logic 
model,'' ``project component,'' ``promising evidence,'' ``quasi-
experimental design study,'' ``relevant outcome,'' and ``What Works 
Clearinghouse Handbooks'' are from 34 CFR 77.1(c). The definitions of 
``children or students with disabilities,'' ``disconnected youth,'' 
``educator,'' ``English learner,'' ``military- or veteran-connected 
student,'' and ``underserved student'' are from the Supplemental 
Priorities.
    Children or students with disabilities means children with 
disabilities as defined in section 602(3) of the Individuals with 
Disabilities Education Act (IDEA) (20 U.S.C. 1401(3)) and 34 CFR 300.8, 
or students with disabilities, as defined in the Rehabilitation Act of 
1973 (29 U.S.C. 705(37), 705(202)(B)).
    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.
    Desegregation, in reference to a plan, means a plan for the 
reassignment of children or faculty to remedy the illegal separation of 
minority group children or faculty in the schools of an LEA or a plan 
for the reduction, elimination, or prevention of minority group 
isolation in one or more of the schools of an LEA.
    Disconnected youth means an individual, between the ages 14 and 24, 
who may be from a low-income background, experiences homelessness, is 
in foster care, is involved in the justice system, or is not working or 
not enrolled in (or at risk of dropping out of) an educational 
institution.

[[Page 15700]]

    Educator means an individual who is an early learning (as defined 
in the Supplemental Priorities) educator, teacher, principal or other 
school leader, specialized instructional support personnel (e.g., 
school psychologist, counselor, school social worker, early 
intervention service personnel), paraprofessional, or faculty.
    English learner means an individual who is an English learner as 
defined in section 8101(20) of the ESEA, or an individual who is an 
English language learner as defined in section 203(7) of the Workforce 
Innovation and Opportunity Act.
    Evidence-based means an activity, strategy, or intervention that--
    (i) Demonstrates a statistically significant effect on improving 
student outcomes or other relevant outcomes based on--
    (A) Strong evidence from at least one well-designed and well-
implemented experimental study;
    (B) Moderate evidence from at least one well-designed and well-
implemented quasi-experimental study; or
    (C) Promising evidence from at least one well-designed and well-
implemented correlational study with statistical controls for selection 
bias; or
    (ii)(A) Demonstrates a rationale based on high-quality research 
findings or positive evaluation that such activity, strategy, or 
intervention is likely to improve student outcomes or other relevant 
outcomes; and
    (B) Includes ongoing efforts to examine the effects of such 
activity, strategy, or intervention.
    Experimental study means a study that is designed to compare 
outcomes between two groups of individuals (such as students) that are 
otherwise equivalent except for their assignment to either a treatment 
group receiving a project component or a control group that does not. 
Randomized controlled trials, regression discontinuity design studies, 
and single-case design studies are the specific types of experimental 
studies that, depending on their design and implementation (e.g., 
sample attrition in randomized controlled trials and regression 
discontinuity design studies), can meet What Works Clearinghouse (WWC) 
standards without reservations as described in the WWC Handbooks:
    (i) A randomized controlled trial employs random assignment of, for 
example, students, teachers, classrooms, or schools to receive the 
project component being evaluated (the treatment group) or not to 
receive the project component (the control group).
    (ii) A regression discontinuity design study assigns the project 
component being evaluated using a measured variable (e.g., assigning 
students reading below a cutoff score to tutoring or developmental 
education classes) and controls for that variable in the analysis of 
outcomes.
    (iii) A single-case design study uses observations of a single case 
(e.g., a student eligible for a behavioral intervention) over time in 
the absence and presence of a controlled treatment manipulation to 
determine whether the outcome is systematically related to the 
treatment.
    Feeder school means a school from which students are drawn to 
attend a magnet school.
    Logic model (also referred to as a 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.
    Magnet school means a public elementary school, public secondary 
school, public elementary education center, or public secondary 
education center that offers a special curriculum capable of attracting 
substantial numbers of students of different racial backgrounds.
    Military- or veteran-connected student means a child participating 
in an early learning (as defined in the Supplemental Priorities) 
program, a student enrolled in preschool through grade 12, or a student 
enrolled in career and technical education or postsecondary education 
who has a parent or guardian who is a veteran of the uniformed services 
(as defined by 37 U.S.C. 101), in the Army, Navy, Air Force, Marine 
Corps, Coast Guard, Space Force, National Guard, Reserves, National 
Oceanic and Atmospheric Administration, or Public Health Service or is 
a veteran of the uniformed services with an honorable discharge (as 
defined by 38 U.S.C. 3311).
    Minority group means the following:
    (1) American Indian or Alaskan Native. A person having origins in 
any of the original peoples of North America, and who maintains 
cultural identification through tribal affiliation or community 
recognition.
    (2) Asian or Pacific Islander. A person having origins in any of 
the original peoples of the Far East, Southeast Asia, the Indian 
subcontinent, or the Pacific Islands. This area includes, for example, 
China, India, Japan, Korea, the Philippine Islands, and Samoa.
    (3) Black (Not of Hispanic Origin). A person having origins in any 
of the black racial groups of Africa.
    (4) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or 
South American, or other Spanish culture or origin, regardless of race.
    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).
    Promising evidence means that there is evidence of the 
effectiveness of a key project component in improving a relevant 
outcome, based on a relevant finding from one of the following:
    (i) A practice guide prepared by WWC reporting a ``strong evidence 
base'' or ``moderate evidence base'' for the corresponding practice 
guide recommendation;
    (ii) An intervention report prepared by the WWC reporting a 
``positive effect'' or ``potentially positive effect'' on a relevant 
outcome with no reporting of a ``negative effect'' or ``potentially 
negative effect'' on a relevant outcome; or
    (iii) A single study assessed by the Department, as appropriate, 
that-
    (A) Is an experimental study, a quasi-experimental design study, or 
a well-designed and well-implemented correlational study with 
statistical controls for selection bias (e.g., a study using regression 
methods to account for differences between a treatment group and a 
comparison group); and
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome.
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental study by identifying a 
comparison group that is similar to the treatment group in important 
respects. This type of study, depending on design and implementation 
(e.g., establishment of baseline equivalence of the groups being 
compared), can meet WWC standards with reservations, but cannot meet 
WWC standards without reservations, as described in the WWC Handbooks.
    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.
    Underserved student means a student (which includes students in K-
12 programs) in one or more of the following student groups:

[[Page 15701]]

    (a) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (b) A student of color.
    (c) A student who is a member of a federally recognized Indian 
Tribe.
    (d) An English learner.
    (e) A child or student with a disability.
    (f) A disconnected youth.
    (g) A technologically unconnected youth.
    (h) A migrant student.
    (i) A student experiencing homelessness or housing insecurity.
    (j) A lesbian, gay, bisexual, transgender, queer or questioning, or 
intersex (LGBTQI+) student.
    (k) A student who is in foster care.
    (l) A student without documentation of immigration status.
    (m) A pregnant, parenting, or caregiving student.
    (n) A student impacted by the justice system, including a formerly 
incarcerated student.
    (o) A student performing significantly below grade level.
    (p) A military- or veteran-connected student.
    What Works Clearinghouse (WWC) Handbooks means the standards and 
procedures set forth in the WWC Standards Handbook, Versions 4.0 or 
4.1, and WWC Procedures Handbook, Versions 4.0 or 4.1, or in the WWC 
Procedures and Standards Handbook, Version 3.0 or Version 2.1 (all 
incorporated by reference, see Sec.  77.2). Study findings eligible for 
review under WWC standards can meet WWC standards without reservations, 
meet WWC standards with reservations, or not meet WWC standards. WWC 
practice guides and intervention reports include findings from 
systematic reviews of evidence as described in the WWC Handbooks 
documentation.
    Note: The WWC Procedures and Standards Handbook (Version 4.1), as 
well as the more recent WWC Handbooks released in August 2022 (Version 
5.0), are available at https://ies.ed.gov/ncee/wwc/Handbooks.
    Program Authority: 20 U.S.C. 7231-7231j.
    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, 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 regulations for this program in 34 CFR part 280. (e) 
Supplemental Priorities.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $122,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2024 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $1,500,000-$3,500,000 per budget year.
    Maximum Award: Under section 4408(c) of the ESEA, 20 U.S.C. 
7231h(3), awards to an LEA or a consortium of LEAs must not exceed 
$15,000,000 for the project period. Under section 4408(b) of the ESEA, 
20 U.S.C. 7231h(2), grantees may not expend more than 50 percent of 
year one grant funds and not more than 15 percent of years two and 
three grant funds on planning activities. Professional development is 
not considered to be a planning activity.
    Note: Yearly award amounts may vary.
    Estimated Number of Awards: 25.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs implementing a 
desegregation plan as specified in section III. 4 of this notice.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: 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. Other--Desegregation Plans: Under section 4404 of the ESEA, 20 
U.S.C. 7231c, and 34 CFR 280.20(e) and (f), to establish eligibility to 
receive MSAP assistance, applicants must submit with their applications 
one of the following types of desegregation plans: (i) a desegregation 
plan required by a court order; (ii) a desegregation plan required by a 
State agency or an official of competent jurisdiction; (iii) a 
desegregation plan required by the Department's Office for Civil Rights 
(OCR) under title VI of the Civil Rights Act of 1964 (title VI); or 
(iv) a voluntary desegregation plan adopted by the applicant and 
submitted to the Department for approval as part of the application. 
Under the MSAP regulations, applicants are required to provide all of 
the information outlined in 34 CFR 280.20(a) through (g) in order to 
satisfy the eligibility requirements in 34 CFR 280.2(a)(2) and (b).
    Applicants that are not operating under a required plan must submit 
with their application a copy of their voluntary desegregation plan. 
Applicants that are operating under a required plan must submit with 
their application a copy of their required plan along with 
documentation demonstrating that a request to modify that plan as 
necessary to meet the goals of the MSAP project was made to the court, 
agency, or official that approved a required plan per 34 CFR 280.10(c). 
An application must also include, in accordance with 34 CFR 280.20(e), 
(f), and (g)--
     Projected enrollment by race and ethnicity for magnet and 
feeder schools (Note: If seeking to prevent MGI, as opposed to seeking 
to reduce or eliminate MGI, we encourage applicants to include trend 
data showing the trajectory of school enrollment in the absence of MSAP 
funding);
     Signed civil rights assurances; and
     An assurance that the desegregation plan is being 
implemented or will be implemented if the application is funded.
    Finally, under section 4405(b)(1)(A) of the ESEA, 20 U.S.C. 
7231d(b)(1)(A), applicants must describe ``how a grant awarded under 
this part will be used to promote desegregation, including any 
available evidence on, or if such evidence is not available, a 
rationale, based on current research, for how the proposed magnet 
school programs will increase interaction among students of different 
social, economic, ethnic, and racial backgrounds.'' Applicants should 
provide this information in responding to the first selection criterion 
described

[[Page 15702]]

in section V(1) of this notice--Desegregation. However, to assist the 
Department in conducting this review and applicants in submitting 
succinct and comprehensive information, the application package for 
this competition includes a Desegregation Plan Form OMB-1855-0011. On 
this form, clearly summarize the goals and objectives of the 
desegregation plan, including: (1) the proposed magnet schools to be 
revised or created under the applicant's MSAP project; (2) the specific 
schools (either magnet and/or feeder schools) targeted for change in 
MGI; (3) the nature of the MGI goals for each school, that is whether 
it is to reduce, eliminate, or prevent MGI; and (4) the current degree 
of and change in MGI sought at each targeted school over the period of 
the grant.
    Note: Section 4401(b)(1) of the ESEA, 20 U.S.C. 7231, states MSAP's 
desegregation purpose as the elimination, reduction, or prevention of 
MGI in elementary and secondary schools with substantial proportions of 
minority students. A main goal of the MSAP statute is to support 
districts ``seeking to foster meaningful interaction among students of 
different racial and ethnic backgrounds.'' Section 4401(a)(4)(A) of the 
ESEA, 20 U.S.C. 7231(a)(4)(A). Congress also recognized that 
``segregation exists between minority and nonminority students as well 
as among students of different minority groups.'' Section 4401(a)(4)(C) 
of the ESEA, 20 U.S.C. 7231(a)(4)(C). Therefore, projects should target 
schools where a particular minority group is isolated or is likely to 
become isolated without MSAP interventions such that the group has 
limited access to meaningful interaction with students from different 
racial and ethnic backgrounds. In accordance with section 4404 of the 
ESEA, 20 U.S.C. 7231c, and 34 CFR 280.2, projects that are not designed 
to reduce, eliminate, or prevent MGI and to bring students from 
different social, economic, ethnic, and racial backgrounds together in 
accordance with an approved desegregation plan, are not eligible for 
MSAP funding. Additionally, under 34 CFR 280.4(b), a ``feeder school'' 
is defined as ``a school from which students are drawn to attend the 
magnet school,'' and refers to the schools that students attending 
magnet schools would otherwise have attended had the magnet school not 
been available.
    Note: Voluntary desegregation plans with current school board 
approval must be submitted as a part of the required application 
materials for consideration in this competition. However, these 
desegregation plans do not require Department approval prior to 
application submission. Under section 4404 of the ESEA, 20 U.S.C. 
7231c, and 34 CFR 280.2(b), the Department will review applicants' 
voluntary desegregation plans to ensure that for each magnet school for 
which funding is sought, the magnet school will reduce, eliminate, or 
prevent MGI within the project period, either in the magnet school or 
in a feeder school, as appropriate.
    Further details regarding types of desegregation plans and required 
documentation follows:

Required Desegregation Plans

    1. Desegregation plans required by a court order. An applicant 
submitting a desegregation plan required by a court order must submit 
complete and signed copies of all court documents demonstrating that 
the magnet schools are a part of the approved desegregation plan. 
Examples of the types of documents that would meet this requirement 
include a Federal or State court order that establishes specific magnet 
schools, amends a previous order or orders by establishing additional 
or different specific magnet schools, requires or approves the 
establishment of one or more unspecified magnet schools, or authorizes 
the inclusion of magnet schools at the discretion of the applicant.
    2. Desegregation plans required by a State agency or official of 
competent jurisdiction. An applicant submitting a desegregation plan 
ordered by a State agency or official of competent jurisdiction must 
provide documentation that shows that the desegregation plan was 
ordered based upon a determination that State law was violated. In the 
absence of this documentation, the applicant should consider its 
desegregation plan to be a voluntary plan and submit the data and 
information necessary for voluntary plans.
    3. Desegregation plans required by OCR under Title VI. An applicant 
that submits a desegregation plan required by OCR under Title VI must 
submit a complete copy of the desegregation plan demonstrating that 
magnet schools are part of the approved plan or that the plan 
authorizes the inclusion of magnet schools at the discretion of the 
applicant.
    4. Modifications to required desegregation plans. A previously 
approved desegregation plan that does not include the magnet school or 
program for which the applicant is now seeking assistance must be 
modified to include the magnet school component. The modification to 
the desegregation plan must be approved by the court, agency, or 
official that originally approved the plan. An applicant that wishes to 
modify a previously approved OCR Title VI desegregation plan to include 
different or additional magnet schools must submit the proposed 
modification for review and approval to the OCR regional office that 
approved its original plan.
    An applicant should indicate in its application if it is seeking to 
modify its previously approved desegregation plan. Applicants seeking 
modifications to their plans are encouraged to submit evidence that the 
applicant has requested the modification as part of their application 
package and to submit demonstration of approval for the modification 
before September 11, 2023. Proof of approval for plan modifications 
should be emailed to Gillian Cohen-Boyer at [email protected] or mailed 
to: U.S. Department of Education, 400 Maryland Avenue SW, Room 3C134, 
Washington, DC 20202-5970. Telephone: (202) 401-1259.

Voluntary Desegregation Plans

    In order to be eligible for MSAP funding, an applicant must be 
operating under an approved voluntary desegregation plan, and under 34 
CFR 280.2(b), the Secretary approves a voluntary desegregation plan 
only if it is determined that for each magnet school for which funding 
is sought, the magnet school will reduce, eliminate, or prevent 
minority group isolation within the period of the grant award, either 
in the magnet school or in a feeder school, as appropriate. A voluntary 
desegregation plan must be approved by the Department each time an 
application is considered for funding. Even if the Department has 
approved an LEA's voluntary desegregation plan in an LEA in the past, 
to be reviewed for approval, the desegregation plan must be resubmitted 
with each new application by the application deadline.
    As part of the eligibility review for this award, the Department 
determines on a case-by-case basis whether an LEA's voluntary plan 
meets the statutory purpose of reducing, eliminating, or preventing MGI 
in its magnet or feeder schools, considering the unique circumstances 
in each district and school. As part of this determination, the 
Department will consider, consistent with 20 U.S.C. 7231(b)(1), whether 
the project is designed to eliminate, reduce, or prevent MGI in 
elementary and/or secondary schools with substantial proportions of 
students from any minority group(s). The Department's

[[Page 15703]]

case-by-case review will include an examination of the factual basis 
for any proposed increases in enrollment of students from minority 
groups at district schools; for example, the Department will consider 
whether a plan to reduce, eliminate, or prevent MGI at a magnet school 
or at a feeder school would significantly increase MGI at any other 
magnet or feeder school in the LEA at the grade levels served by the 
magnet school.
    An applicant's voluntary desegregation plan must demonstrate how 
the LEA will reduce, eliminate, or prevent MGI for each magnet school 
in the proposed project, and/or, if relevant, at identified feeder 
schools.
    Under 34 CFR 280.20(f) and (g), applicants with voluntary 
desegregation plans must submit complete and accurate enrollment forms 
and other information to demonstrate their eligibility (specific 
requirements are detailed in the application package).
    Voluntary desegregation plan applicants must submit documentation 
of school board approval (or documentation of other official adoption 
of the plan by a governing authority for the LEA as required under 34 
CFR 280.20(f)(2)) when submitting their application. LEAs that were 
previously subject to a required desegregation plan, but have achieved 
unitary status and so are voluntary desegregation plan applicants, 
typically would not need to include court orders. Rather, such 
applicants should provide the documentation discussed in this section.
    5. Single-Sex Programs: An applicant proposing to operate a single-
sex magnet school or a coeducational magnet school that offers single-
sex classes or extracurricular activities will undergo a review of its 
proposed single-sex educational program to determine compliance with 
applicable nondiscrimination laws, including the Equal Protection 
Clause of the U.S. Constitution (as interpreted in United States v. 
Virginia, 518 U.S. 515 (1996), and other cases) and Title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681, et seq.) and its 
regulations--including 34 CFR 106.34. This review may require the 
applicant to provide additional fact-specific information about the 
single-sex program.

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 7, 2022 (87 FR 75045) and available at 
www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the MSAP, your 
application may include business information that you consider 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary, and thus protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information, please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition.
    4. Funding Restrictions: Unallowable costs are specified in section 
4407 of the ESEA, 20 U.S.C. 7231f. 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 
application narrative to 150 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, certifications, desegregation plan and related information; 
or the one-page abstract, the resumes, or letters of support. However, 
the recommended page limit does apply to 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 the Department of their intent to 
submit an application. To do so, please submit your intent to apply by 
emailing [email protected] with the subject line, ``[LEA Name(s)] Intent 
to Apply.'' Applicants that do not notify the Department of their 
intent to apply may still apply for funding.

V. Application Review Information

    1. Selection Criteria: The selection criteria are from 34 CFR 
75.210, 280.31, and sections 4401 and 4405 of the ESEA, 20 U.S.C. 7231 
and 7231d.
    The maximum score for all of the selection criteria is 100 points. 
The maximum score for each criterion is included in parentheses 
following the title of the specific selection criterion. Each criterion 
also includes the factors that reviewers will consider in determining 
the extent to which an applicant meets the criterion.
    Points awarded under these selection criteria are in addition to 
any points an applicant earns under the competitive preference 
priorities in this notice. The maximum score that an application may 
receive under the competitive preference priorities and the selection 
criteria is 116 points.
    (a) Desegregation (up to 30 points).
    The Secretary reviews each application to determine the quality of 
the desegregation-related activities, including:
    (1) The effectiveness of the applicant's proposed desegregation 
strategies for the elimination, reduction, or prevention of MGI in 
elementary schools and secondary schools with substantial proportions 
of minority students. (section 4401(b)(1) of the ESEA, 20 U.S.C. 7231) 
(up to 10 points)

[[Page 15704]]

    (2) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project. (34 CFR 75.210) (up to 8 
points)
    (3) The effectiveness of its plan to recruit students from 
different social, economic, ethnic, and racial backgrounds into the 
magnet schools. (34 CFR 280.31) (up to 4 points)
    (4) How it will foster interaction among students of different 
social, economic, ethnic, and racial backgrounds in classroom 
activities, extracurricular activities, or other activities in the 
magnet schools (or, if appropriate, in the schools in which the magnet 
school programs operate). (34 CFR 280.31) (up to 4 points)
    (5) The extent to which there is a conceptual framework underlying 
the proposed research or demonstration activities and the quality of 
that framework. (34 CFR 75.210) (up to 4 points)
    (b) Quality of the project design (up to 30 points).
    The Secretary reviews each application to determine the quality of 
the project design. In determining the quality of the design of the 
proposed project, the Secretary considers the following factors:
    (1) The manner and extent to which the magnet school program will 
increase student academic achievement in the instructional areas 
offered by the school, including any evidence, or if such evidence is 
not available, a rationale based on current research findings, to 
support such description. (section 4405(b)(1)(B) of the ESEA, 20 U.S.C. 
7231d(b)(1)(B)) (up to 6 points)
    (2) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services. (34 CFR 75.210) (up to 6 
points)
    (3) The extent to which each magnet school for which funding is 
sought will encourage greater parental decision-making and involvement. 
(34 CFR 280.31) (up to 6 points)
    (4) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services. (34 CFR 75.210) (up 
to 6 points)
    (5) The potential for the incorporation of project purposes, 
activities, or benefits into the ongoing program of the agency or 
organization at the end of Federal funding. (34 CFR 75.210) (up to 6 
points)
    (c) Quality of the management plan (up to 10 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:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks. (34 CFR 75.210) (up to 5 points)
    (2) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits. (34 CFR 75.210) (up to 5 points)
    (d) Quality of personnel (up to 15 points).
    (1) The Secretary determines the extent to which--
    (a) The project director (if one is used) is qualified to manage 
the project;
    (b) Other key personnel are qualified to manage the project; and
    (c) Teachers who will provide instruction in participating magnet 
schools are qualified to implement the special curriculum of the magnet 
schools. (34 CFR 280.31) (up to 10 points)
    (2) To determine personnel qualifications, the Secretary considers 
experience and training in fields related to the objectives of the 
project, including the key personnel's knowledge of and experience in 
curriculum development and desegregation strategies. (34 CFR 280.31) 
(up to 5 points)
    (e) Quality of the project evaluation (up to 15 points).
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) How the applicant will assess, monitor, and evaluate the impact 
of the activities funded under this part on student achievement and 
integration. (section 4405(b)(1)(D) of the ESEA, 20 U.S.C. 
7231d(b)(1)(D)) (up to 5 points)
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible. (34 CFR 75.210) (up to 5 
points)
    (3) The extent to which the methods of evaluation will, if well 
implemented, produce promising evidence (as defined in 34 CFR 77.1(c)) 
about the project's effectiveness. (34 CFR 75.210) (up to 5 points)
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000) under 2 CFR 200.206(a)(2), we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    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,

[[Page 15705]]

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 
as well.
    If your application is not evaluated or not selected for funding, 
we will 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) If awarded a grant, applicants must also submit a final report 
with the results of a study designed to yield results at the level of 
promising evidence or higher, undertaken during the grant to assist the 
LEA in building capacity to continue operating magnet schools at a high 
performance level after Federal funding ends. The plans for this study, 
which may be narrowly tailored to a specific project component(s), are 
specifically what is being assessed under selection criterion factor 
(e)(3).
    5. Performance Measures: For the purposes of reporting under 34 CFR 
75.110, the following six performance measures have been established 
for the MSAP:
    (a) The number and percentage of magnet schools receiving 
assistance whose student enrollment eliminates, reduces, or prevents 
MGI.
    (b) The percentage increase of students from major racial and 
ethnic groups in magnet schools receiving assistance who score 
proficient or above on State assessments in reading/language arts as 
compared to the previous year.
    (c) The percentage increase of students for all students across 
each racial and ethnic group in magnet schools receiving assistance who 
score proficient or above on State assessments in mathematics as 
compared to the previous year.
    (d) The percentage of MSAP-funded magnet schools still operating 
magnet school programs 3 years after Federal funding ends.
    (e) The percentage increase of students for all students across 
each racial and ethnic group in MSAP-funded magnet schools still 
operating magnet school programs who score proficient or above on State 
assessments in reading/language arts 3 years after Federal funding ends 
as compared to the final project year.
    (f) The percentage increase of students for all students across 
each racial and ethnic group in MSAP-funded magnet schools still 
operating magnet school programs who score proficient or above on State 
assessments in mathematics 3 years after Federal funding ends as 
compared to the final project year.
    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).

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

[[Page 15706]]

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 F. Lane,
Senior Advisor to the Secretary, Delegated the Duties of the Assistant 
Secretary Office of Elementary and Secondary Education.
[FR Doc. 2023-05118 Filed 3-13-23; 8:45 am]
BILLING CODE 4000-01-P