[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16598-16612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05612]
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DEPARTMENT OF EDUCATION
Application for New Awards; Expanding Opportunity Through Quality
Charter Schools Program (CSP)--Grants to State Entities (State Entity)
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education is issuing a notice inviting
applications for fiscal year (FY) 2023 for CSP Grants to State
Entities, Assistance Listing Number (ALN) number 84.282A. This notice
relates to the approved information collection under OMB control number
1810-0767.
DATES:
Applications Available: March 20, 2023.
Deadline for Transmittal of Applications: June 5, 2023.
Deadline for Intergovernmental Review: August 2, 2023.
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
https://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: Adrienne Hawkins, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970.
Telephone: (202)453-5638. Email: [email protected].
[[Page 16599]]
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The CSP State Entity program, ALN 84.282A, is
authorized under Title IV, Part C of the Elementary and Secondary
Education Act of 1965, as amended by the Every Student Succeeds Act
(ESEA) (20 U.S.C. 7221-7221j). Through the CSP State Entity
competition, the Department awards grants to State entities that, in
turn, award subgrants to eligible applicants for the purpose of opening
new charter schools and replicating and expanding high-quality charter
schools. State entities also may use grant funds to provide technical
assistance to eligible applicants and authorized public chartering
agencies in opening new charter schools and replicating and expanding
high-quality charter schools, and to work with authorized public
chartering agencies in the State to improve authorizing quality,
including developing capacity for, and conducting, fiscal oversight and
auditing of charter schools. State Entity grant funds may also be used
for grant administration, which may include technical assistance and
monitoring of subgrants for performance and fiscal and regulatory
compliance, as required under 2 CFR 200.332(d).
The CSP State Entity program provides financial assistance to State
entities to support charter schools that serve elementary and secondary
school students in States with a specific State statute authorizing the
granting of charters to schools. Charter schools receiving funds under
the CSP State Entity program may also serve students in early childhood
education programs or postsecondary students.
Background: The major purposes of the CSP are to expand
opportunities for all students, particularly traditionally underserved
students, to attend public charter schools and meet challenging State
academic standards; provide financial assistance for the planning,
program design, and initial implementation of charter schools; increase
the number of high-quality charter schools available to students across
the United States; evaluate the impact of charter schools on student
achievement, families, and communities; share best practices between
charter schools and other public schools; encourage States to provide
facilities support to charter schools; and support efforts to
strengthen the charter school authorizing process.
On July 6, 2022, the Department published in the Federal Register a
notice of final priorities, requirements, definitions, and selection
criteria (2022 NFP). The 2022 NFP supplements the program statute and
is intended to help ensure the creation, replication, and expansion of
high-quality charter schools that promote positive student outcomes,
educator and community empowerment, promising practices, and school
diversity. The 2022 NFP promotes greater fiscal and operational
transparency and accountability for CSP-funded charter schools. The
application requirements and assurances associated with subgrant
monitoring and the review of subgrant applications help facilitate the
proper peer review and evaluation of CSP grant applications. The
priorities, application requirements, assurances, selection criteria,
and definitions in this notice are designed to increase access to high-
quality, diverse, and equitable learning opportunities, which should be
a goal of all public schools.
Priorities: This notice includes one absolute priority, five
competitive preference priorities, and one invitational priority. In
accordance with 34 CFR 75.105(b)(2)(ii), the absolute priority and
competitive preference priorities are from section 4303(g)(2) of the
ESEA (20 U.S.C. 7221b(g)(2)).
Absolute 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 absolute priority. Under 34 CFR
75.105(c)(3) we consider only applications that meet the absolute
priority.
This priority is:
Best Practices for Charter School Authorizers.
To meet this priority, an applicant must demonstrate that the State
entity has taken steps to ensure that all authorized \1\ public
chartering agencies implement best practices for charter school
authorizing.
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\1\ Although the statute utilizes the term ``authorizing'' the
term was modified to ``authorized'' in this notice.
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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 1 additional point
to an application that meets Competitive Preference Priority 1; up to 2
additional points to an application depending on how well it meets
Competitive Preference Priority 2; up to 2 additional points to an
application depending on how well it meets Competitive Preference
Priority 3; up to 2 additional points to an application depending on
how well it meets Competitive Preference Priority 4; and up to 3
additional points to an application depending on how well it meets
Competitive Preference Priority 5.
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 that an applicant fails
to clearly identify as a 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 10 additional points under the competitive preference
priorities.
These priorities are:
Competitive Preference Priority 1--At Least One Authorized Public
Chartering Agency Other than a Local Educational Agency, or an Appeals
Process (0 or 1 points).
To meet this priority, the State entity must demonstrate that it is
located in a State that--
(a) Allows at least one entity that is not a local educational
agency (LEA) to be an authorized public chartering agency for
developers seeking to open a charter school in the State; or
(b) In the case of a State in which LEAs are the only authorized
public chartering agencies, the State has an appeals process for the
denial of an application for a charter school.
Competitive Preference Priority 2--Equitable Financing (up to 2
points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it is located in a State that ensures
equitable financing, as compared to traditional public schools, for
charter schools and students in a prompt manner.
Competitive Preference Priority 3--Best Practices to Improve
Struggling Schools and LEAs (up to 2 points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it is located in a State that uses best
practices from charter schools to help improve struggling schools and
LEAs.
Competitive Preference Priority 4--Charter School Facilities (up to
2 points).
[[Page 16600]]
To be eligible to receive points under this priority, the State
entity must demonstrate that it is located in a State that provides
charter schools one or more of the following:
(a) Funding for facilities.
(b) Assistance with facilities acquisition.
(c) Access to public facilities.
(d) The ability to share in bonds or mill levies.
(e) The right of first refusal to purchase public school buildings.
(f) Low- or no-cost leasing privileges.
Competitive Preference Priority 5--Serving At-Risk Students (up to
3 points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it supports charter schools that serve at-
risk students through activities such as dropout prevention, dropout
recovery, or comprehensive career counseling services.
Invitational Priority: For FY 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:
Invitational Priority--Collaborations between Charter Schools and
Traditional Public Schools or Districts that Benefit Students and
Families across Schools.
(a) The Secretary is particularly interested in funding
applications that propose to encourage, but not require, eligible
applicants for subgrants to propose projects that include a new
collaboration, or the continuation of an existing collaboration, with
at least one traditional public school or traditional school district
that is designed to benefit students or families served by at least one
member of the collaboration, is designed to lead to increased and
improved educational opportunities for students served by at least one
member of the collaboration, and includes implementation of one or more
of the following:
(1) Co-developed or shared curricular and instructional resources
or academic course offerings.
(2) Professional development opportunities for teachers and other
educators, which may include professional learning communities,
opportunities for teachers to earn additional certifications, such as
in a high-need area or national board certification, and partnerships
with educator preparation programs to support teaching residencies.
(3) Evidence-based (as defined in section 8101(21) of the ESEA)
practices to improve academic performance for underserved students.
(4) Policies and practices to create safe, supportive, and
inclusive learning environments, such as systems of positive behavioral
intervention and support.
(5) Transparent enrollment and retention practices and processes
that include clear and consistent disclosure to families of policies or
requirements (e.g., discipline policies, purchasing and wearing
specific uniforms and other fees, or family participation), and any
services that are or are not provided that could impact a family's
ability to enroll or remain enrolled (e.g., transportation services or
participation in the National School Lunch Program).
(6) A shared transportation plan and system that reduces
transportation costs for members of the collaboration and takes into
consideration various transportation options, including public
transportation and district-provided or shared transportation options,
cost-sharing or free or reduced-cost fare options, and any distance
considerations for prioritized bus services.
(7) A shared special education collaborative designed to address a
significant barrier or challenge faced by participating charter schools
and traditional public schools in improving academic or developmental
outcomes and services for students with disabilities (as defined in
section 8101 of the ESEA).
(8) A shared English learner collaborative designed to address a
significant barrier or challenge faced by participating charter schools
or traditional public schools in improving academic outcomes for
English learners (as defined in section 8101 of the ESEA).
(9) Other collaborations, such as the sharing of innovative and
best practices, designed to address a significant barrier or challenge
faced by participating charter schools or traditional public schools
and designed to improve academic outcomes for all students served by
members of the collaboration.
(b) The State entity certifies that it will ask each eligible
applicant that proposes a project that includes such a collaboration
to--
(1) Provide in its subgrant application a description of the
collaboration that--
(i) Describes each member of the collaboration and whether the
collaboration would be a new or existing commitment;
(ii) States the purpose and duration of the collaboration;
(iii) Describes the anticipated roles and responsibilities of each
member of the collaboration;
(iv) Describes how the collaboration will benefit one or more
members of the collaboration, including how it will benefit students or
families affiliated with a member and lead to increased or improved
educational opportunities for students, and meet specific and
measurable, if applicable, goals;
(vi) Describes the resources members of the collaboration will
contribute; and
(vii) Contains any other relevant information; and
(2) Within 120 days of receiving a subgrant award or within 120
days of the date the collaboration is scheduled to begin, whichever is
later, provide evidence of participation in the collaboration (which
may include, but is not required to include, a memorandum of
understanding).
Application Requirements:
These application requirements are from section 4303(f) of the ESEA
(20 U.S.C. 7221b(f)) and from the 2022 NFP. The Department will not
fund an application that does not meet each application requirement.
In addressing the application requirements, applicants must clearly
identify which application requirement they are addressing. An
applicant must address requirements (a)(1)(i), (a)(1)(vii), (a)(1)(ix),
(a)(2)(ii), and (a)(2)(iii) in its response to paragraph (a)(1) of the
Quality of the Project Design selection criterion; requirement (a)(8)
in its response to paragraph (a)(4) of the Quality of the Project
Design selection criterion; requirements (a)(1)(ii), (a)(1)(xiii),
(a)(3)(i), (a)(3)(ii), (a)(3)(iii), (a)(5), and (a)(7) in its response
to the Quality of Eligible Subgrant Applicants selection criterion;
requirements (a)(1)(vi), (a)(1)(x), and (a)(9) in its response to
paragraph (c)(1) of the State Plan selection criterion; requirements
(a)(1)(iii), (a)(1)(iv), (a)(1)(viii), and (a)(1)(xi) in its response
to paragraph (c)(3) of the State Plan selection criterion; and
requirement (a)(4) in its response to paragraph (d)(1) of the Quality
of the Management Plan selection criterion. An applicant must respond
to the application requirements in paragraph (a) that are not listed
above in the Project Narrative.
Applications for funding under the CSP State Entity program must
contain the following:
(a) Description of Program--A description of the State entity's
objectives in running a quality charter school program and how the
objectives
[[Page 16601]]
of the program will be carried out, including--
(1) A description of how the State entity will--
(i) Support the opening of charter schools through the startup of
new charter schools and, if applicable, the replication of high-quality
charter schools, and the expansion of high-quality charter schools
(including the proposed number of new charter schools to be opened,
high-quality charter schools to be opened as a result of the
replication of a high-quality charter school, or high-quality charter
schools to be expanded under the State entity's program) (4303(f));
(ii) Inform eligible charter schools, developers, and authorized
public chartering agencies of the availability of funds under the
program (4303(f));
(iii) Work with eligible applicants to ensure that the eligible
applicants access all Federal funds that such applicants are eligible
to receive, and help the charter schools supported by the applicants
and the students attending those charter schools--
(A) Participate in the Federal programs in which the schools and
students are eligible to participate;
(B) Receive the commensurate share of Federal funds the schools and
students are eligible to receive under such programs; and
(C) Meet the needs of students served under such programs,
including students with disabilities and English learners (4303(f));
(iv) Ensure that authorized public chartering agencies, in
collaboration with surrounding LEAs where applicable, establish clear
plans and procedures to assist students enrolled in a charter school
that closes or loses its charter to attend other high-quality schools
(4303(f));
(v) In the case of a State entity that is not a State educational
agency (SEA)--
(A) Work with the SEA and charter schools in the State to maximize
charter school participation in Federal and State programs for which
charter schools are eligible; and
(B) Work with the SEA to operate the State entity's program under
section 4303 of the ESEA, if applicable (4303(f));
(vi) Ensure that each eligible applicant that receives a subgrant
under the State entity's program--
(A) Is using funds provided under this program for one of the
activities described in section 4303(b)(1) of the ESEA; and
(B) Is prepared to continue to operate charter schools funded under
section 4303 of the ESEA in a manner consistent with the eligible
applicant's application for such subgrant once the subgrant funds under
this program are no longer available (4303(f));
(vii) Support--
(A) Charter schools in LEAs with a significant number of schools
identified by the State for comprehensive support and improvement under
section 1111(c)(4)(D)(i) of the ESEA; and
(B) The use of charter schools to improve struggling schools, or to
turn around struggling schools (4303(f));
(viii) Work with charter schools on--
(A) Recruitment and enrollment practices to promote inclusion of
all students, including by eliminating any barriers to enrollment for
educationally disadvantaged students (who include foster youth and
unaccompanied homeless youth); and
(B) Supporting all students once they are enrolled to promote
retention, including by reducing the overuse of discipline practices
that remove students from the classroom (4303(f));
(ix) Share best and promising practices between charter schools and
other public schools (4303(f));
(x) Ensure that charter schools receiving funds under the State
entity's program meet the educational needs of their students,
including children with disabilities and English learners (4303(f));
(xi) Support efforts to increase charter school quality
initiatives, including meeting the quality authorizing elements
described in section 4303(f)(2)(E) of the ESEA (4303(f));
(xii)(A) In the case of a State entity that is not a charter school
support organization, a description of how the State entity will
provide oversight of authorizing activity, including how the State will
help ensure better authorizing, such as by establishing authorizing
standards that may include approving, monitoring, and re-approving or
revoking the authority of an authorized public chartering agency based
on the performance of the charter schools authorized by such agency in
the areas of student achievement, student safety, financial and
operational management, and compliance with all applicable statutes and
regulations; and
(B) In the case of a State entity that is a charter school support
organization, a description of how the State entity will work with the
State to support the State's system of technical assistance and
oversight of the authorizing activity of authorized public chartering
agencies, as described in application requirement (a)(1)(xii)(A)
(4303(f)); and
(xiii) Work with eligible applicants receiving a subgrant under the
State entity's program to support the opening of new charter schools or
charter school models described in application requirement (a)(1)(i)
that are high schools (4303(f));
(2) A description of the extent to which the State entity--
(i) Is able to meet and carry out Competitive Preference Priorities
1 through 5; \2\
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\2\ In accordance with 34 CFR 105(c)(2)(i), applications are not
required to address competitive preference priorities but may
receive additional points if they do so. However, to meet this
application requirement, the State entity must describe the extent
to which it is able to meet and carry out competitive preference
priorities 1 through 5. If the State entity is unable to meet and
carry out one or more of these competitive preference priorities,
the description for that priority should state that the State entity
is unable to meet or carry out the priority.
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(ii) Is working to develop or strengthen a cohesive statewide
system to support the opening of new charter schools and, if
applicable, the replication of high-quality charter schools, and the
expansion of high-quality charter schools; and
(iii) Is working to develop or strengthen a cohesive strategy to
encourage collaboration between charter schools and LEAs on the sharing
of best practices (4303(f));
(3) A description of how the State entity will award subgrants, on
a competitive basis, including--
(i) A detailed description of how the State entity will review
applications from eligible applicants, including--
(A) How eligibility will be determined;
(B) How peer reviewers will be recruited and selected, including
efforts the applicant will make to recruit peer reviewers from diverse
backgrounds and underrepresented groups;
(C) How subgrant applications will be reviewed and evaluated;
(D) How cost analyses and budget reviews will be conducted to
ensure that costs are necessary, reasonable, and allocable to the
subgrant;
(E) How applicants will be assessed for risk (i.e., fiscal,
programmatic, compliance); and
(F) How funding decisions will be made (2022 NFP);
(ii) A description of the application each eligible applicant
desiring to receive a subgrant will be required to submit, which
application must include the following:
(A) A description of the roles and responsibilities of eligible
applicants, partner organizations, and charter management organizations
(CMO), including the administrative and contractual roles and
responsibilities of such partners (4303(f));
(1) For any existing or proposed contract between a charter and a
for-
[[Page 16602]]
profit management organization (including a nonprofit management
organization operated by or on behalf of a for-profit entity), without
regard to whether the management organization or its related entities
exercises full or substantial administrative control over the charter
school or the CSP project, the applicant must provide the following
information or equivalent information that the applicant has submitted
to the authorized public chartering agency--
(A) A copy of the existing contract with the for-profit management
organization or a description of the terms of the contract, including
the name and contact information of the management organization; the
cost (i.e., fixed costs and estimates of any ongoing costs or fees),
including the amount of CSP funds proposed to be used toward such cost,
and the percentage such cost represents of the school's overall
funding; the duration; roles and responsibilities of the management
organization; and steps the applicant will take to ensure that it pays
fair market value for any services or other items purchased or leased
from the management organization, makes all programmatic decisions,
maintains control over all CSP funds, and directly administers or
supervises the administration of the grant in accordance with 34 CFR
75.701;
(B) A description of any business or financial relationship between
the charter school developer and the management organization, including
payments, contract terms, and any property owned, operated, or
controlled by the management organization or related individuals or
entities that will be used by the charter school;
(C) The name and contact information for each member of the
governing board of the charter school and a list of the management
organization's officers, chief administrator, or other administrators,
and any staff involved in approving or executing the management
contract; and a description of any actual or perceived conflicts of
interest, including financial interests, and how the applicant will
resolve any actual or perceived conflicts of interest to ensure
compliance with 2 CFR 200.318(c);
(D) A description of how the applicant will ensure that members of
the governing board of the charter school are not selected, removed,
controlled, or employed by the management organization and that the
charter school's legal, accounting, and auditing services will be
procured independently from the management organization;
(E) An explanation of how the applicant will ensure that the
management contract is severable, severing the management contract will
not cause the proposed charter school to close, the duration of the
management contract will not extend beyond the expiration date of the
school's charter, and renewal of the management contract will not occur
without approval and affirmative action by the governing board of the
charter school; and
(F) A description of the steps the applicant will take to ensure
that it maintains control over all student records and has a process in
place to provide those records to another public school or school
district in a timely manner upon the transfer of a student from the
charter school to another public school, including due to closure of
the charter school, in accordance with section 4308 of the ESEA (2022
NFP).
(G) A description of the quality controls agreed to between the
eligible applicant and the authorized public chartering agency
involved, such as a contract or performance agreement; how a school's
performance in the State's accountability system and impact on student
achievement (which may include student academic growth) will be one of
the most important factors for renewal or revocation of the school's
charter; and how the State entity and the authorized public chartering
agency involved will reserve the right to revoke or not renew a
school's charter based on financial, structural, or operational factors
involving the management of the school (4303(f));
(H) A description of how the autonomy and flexibility granted to a
charter school is consistent with the definition of charter school in
section 4310 of the ESEA (4303(f));
(I) A description of how the eligible applicant will solicit and
consider input from parents and other members of the community on the
implementation and operation of each charter school that will receive
funds under the State entity's program (4303(f));
(J) A description of the eligible applicant's planned activities
and expenditures of subgrant funds to support opening and preparing for
the operation of new charter schools, opening and preparing for the
operation of replicated high-quality charter schools, or expanding
high-quality charter schools, and how the eligible applicant will
maintain financial sustainability after the end of the subgrant period
(4303(f));
(K) A description of how the eligible applicant will support the
use of effective parent, family, and community engagement strategies to
operate each charter school that will receive funds under the State
entity's program (4303(f)); and
(L) A needs analysis and description of the need for the proposed
project, including how the proposed project would serve the interests
and meet the needs of students and families in the communities the
charter school intends to serve. The needs analysis, which may consist
of information and documents previously submitted to an authorized
public chartering agency to address need, must include, but is not
necessarily limited to, the following:
(1) Descriptions of the local community support, including
information that demonstrates interest in, and need for, the charter
school; benefits to the community; and other evidence of demand for the
charter school that demonstrates a strong likelihood the charter school
will achieve and maintain its enrollment projections. Such information
may include information on waiting lists for the proposed charter
school or existing charter schools or traditional public schools, data
on access to seats in high-quality public schools in the districts from
which the charter school expects to draw students, and family interest
in specialized instructional approaches proposed to be implemented at
the charter school.
(2) Information on the proposed charter school's projected student
enrollment and evidence to support the projected enrollment based on
the needs analysis and other relevant data and factors, such as the
methodology and calculations used.
(3) An analysis of the proposed charter school's projected student
demographics and a description of the demographics of students
attending public schools in the local community in which the charter
school would be located and the school districts from which the
students are, or would be, drawn to attend the charter school; a
description of how the applicant plans to establish and maintain a
racially and socio-economically diverse student body, including
proposed strategies (that are consistent with applicable legal
requirements) to recruit, admit, enroll, and retain a diverse student
body. An applicant that is unlikely to establish and maintain a
racially and socio-economically diverse student body at the proposed
charter school because the charter school would be located in a
racially or socio-economically segregated or isolated community, or due
to the charter school's specific education mission, must describe--
[[Page 16603]]
(A) Why it is unlikely to be able to establish and maintain a
racially and socio-economically diverse student body at the proposed
charter school;
(B) How the anticipated racial and socio-economic makeup of the
student body would promote the purposes of the CSP to provide high-
quality educational opportunities to all students, which may include a
specialized educational program or mission; and
(C) The anticipated impact of the proposed charter school on the
racial and socio-economic diversity of the public schools and school
districts from which students would be drawn to attend the charter
school.
(4) A robust family and community engagement plan designed to
ensure the active participation of families and the community that
includes the following:
(A) How families and the community were, are, or will be engaged in
determining the vision and design for the charter school, including
specific examples of how families' and the community's input was, is,
or is expected to be incorporated into the vision and design for the
charter school.
(B) How the charter school will meaningfully engage with both
families and the community to create strong and ongoing partnerships.
(C) How the charter school will foster a collaborative culture that
involves the families of all students, including underserved students,
in ensuring their ongoing input in school decision-making.
(D) How the charter school's recruitment, admissions, enrollment,
and retention processes will engage and accommodate families from
various backgrounds, including English learners, students with
disabilities, and students of color, including by holding enrollment
and recruitment events on weekends or during non-standard work hours,
making interpreters available, and providing enrollment and recruitment
information in widely accessible formats (e.g., hard copy and online in
multiple languages; as appropriate, large print or braille for visually
impaired individuals) through widely available and transparent means
(e.g., online and at community locations).
(E) How the charter school has engaged or will engage families and
the community to develop an instructional model to best serve the
targeted student population and their families, including students with
disabilities and English learners.
(5) How the plans for the operation of the charter school will
support and reflect the needs of students and families in the
community, including consideration of district or community assets and
how the school's location, or anticipated location if a facility has
not been secured, will facilitate access for the targeted student
population (e.g., access to public transportation or other
transportation options, the demographics of neighborhoods within
walking distance of the school, and transportation plans and costs for
students who are not able to walk or use public transportation to
access the school).
(6) A description of the steps the applicant has taken or will take
to ensure that the proposed charter school (A) would not hamper, delay,
or negatively affect any desegregation efforts in the community in
which the charter school would be located and the public school
districts from which students are, or would be, drawn to attend the
charter school, including efforts to comply with a court order,
statutory obligation, or voluntary efforts to create and maintain
desegregated public schools; and (B) to ensure that the proposed
charter school would not otherwise increase racial or socio-economic
segregation or isolation in the schools from which the students are, or
would be, drawn to attend the charter school. (2022 NFP).
(iii)(A) A description of how the State entity, in awarding
subgrants to eligible applicants, will give priority to eligible
applicants that propose projects that include the creation,
replication, or expansion of a high-quality charter school that is
developed and implemented--
(1) With meaningful and ongoing engagement with current or former
teachers and other educators; and
(2) Using a community-centered approach that includes an assessment
of community assets, informs the development of the charter school, and
includes the implementation of protocols and practices designed to
ensure that the charter school will use and interact with community
assets on an ongoing basis to create and maintain strong community
ties.
(B) In its application, an eligible applicant must provide a high-
quality plan that demonstrates how its proposed project would meet the
requirements in paragraph (a)(6)(iii)(A) of these application
requirements, accompanied by a timeline for key milestones that span
the course of planning, development, and implementation of the charter
school.
(4) In the case of a State entity that partners with an outside
organization to carry out the State entity's quality charter school
program, in whole or in part, a description of the roles and
responsibilities of the partner (4303(f));
(5) A description of how the State entity will ensure that each
charter school receiving funds under the State entity's program has
considered and planned for the transportation needs of the school's
students (4303(f));
(6) A description of how the State in which the State entity is
located addresses charter schools in the State's open meetings and open
records laws (4303(f));
(7) A description of how the State entity will support diverse
charter school models, including models that serve rural communities
(4303(f));
(8) Evidence to support the requested funds and projected
enrollment, such as explanations regarding the methodology and
calculations (2022 NFP); and
(9) A description, including a timeline, of how the State entity
will monitor and report on subgrant performance in accordance with 2
CFR 200.329, and address and mitigate subgrantee risk, including--
(i) How subgrantees will be selected for in-depth monitoring,
including factors that indicate higher risk (e.g., charter schools that
have management contracts with for-profit education management
organizations, virtual charter schools, and charter schools with a
history of poor performance);
(ii) How identified subgrantee risk will be addressed;
(iii) How subgrantee expenditures will be monitored;
(iv) How monitors will be trained;
(v) How monitoring findings will be shared with subgrantees;
(vi) How corrective action plans will be used to resolve monitoring
findings;
(vii) How the State entity will ensure transparency so that
monitoring findings and corrective action plans are available to
families and the public; and
(viii) How the State entity will work with authorized public
chartering agencies to share information regarding the monitoring of
subgrantees, including in areas related to fiscal protocols and
organizational governance, for the purpose of reducing the reporting
burden on charter schools (2022 NFP).
(b) Assurances--Assurances by the State entity that--
(1) Each charter school receiving funds through the State entity's
program will have a high degree of autonomy over budget and operations,
including autonomy over personnel decisions (4303(f));
(2) The State entity will support charter schools in meeting the
educational needs of their students, including children with
disabilities and English learners (4303(f));
[[Page 16604]]
(3) The State entity will ensure that the authorized public
chartering agency of any charter school that receives funds under the
State entity's program adequately monitors each charter school under
the authority of such agency in recruiting, enrolling, retaining, and
meeting the needs of all students, including children with disabilities
and English learners (4303(f));
(4) The State entity will provide adequate technical assistance to
eligible applicants to meet the objectives described in application
requirement (a)(1)(8) (4303(f));
(5) The State entity will promote quality authorizing, consistent
with State law, such as through providing technical assistance to
support each authorized public chartering agency in the State to
improve such agency's ability to monitor the charter schools authorized
by the agency, including by--
(i) Assessing annual performance data of the schools, including, as
appropriate, graduation rates, student academic growth, and rates of
student attrition;
(ii) Reviewing the schools' independent, annual audits of financial
statements prepared in accordance with generally accepted accounting
principles and ensuring that any such audits are publicly reported; and
(iii) Holding charter schools accountable to the academic,
financial, and operational quality controls agreed to between the
charter school and the authorized public chartering agency involved,
such as renewal, non-renewal, or revocation of the school's charter
(4303(f));
(6) The State entity will work to ensure that charter schools are
included with the traditional public schools in decision-making about
the public school system in the State (4303(f));
(7) The State entity will ensure that each charter school receiving
funds under the State entity's program makes publicly available,
consistent with the dissemination requirements of the annual State
report card under section 1111(h) of the ESEA, including on the website
of the school, information to help parents make informed decisions
about the education options available to their children, including--
(i) Information on the educational program;
(ii) Student support services;
(iii) Parent contract requirements (as applicable), including any
financial obligations or fees;
(iv) Enrollment criteria (as applicable); and
(v) Annual performance and enrollment data for each of the
subgroups of students, as defined in section 1111(c)(2) of the ESEA,
except that such disaggregation of performance and enrollment data
shall not be required in a case in which the number of students in a
group is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student (4303(f)).
(8) The State Entity will ensure that each charter school receiving
CSP funding has not and will not enter into a contract with a for-
profit management organization, including a nonprofit management
organization operated by or on behalf of a for-profit entity, under
which the management organization, or its related entities, exercises
full or substantial administrative control over the charter school and,
thereby, the CSP project (2022 NFP).
(9) Each charter school receiving CSP funding will provide an
assurance that any management contract between the charter school and a
for-profit management organization, including a nonprofit CMO operated
by or on behalf of a for-profit entity, guarantees or will guarantee
that--
(i) The charter school maintains control over all CSP funds, makes
all programmatic decisions, and directly administers or supervises the
administration of the subgrant;
(ii) The management organization does not exercise full or
substantial administrative control over the charter school (and,
thereby, the CSP project), except that this does not limit the ability
of a charter school to enter into a contract with a management
organization for the provision of services that do not constitute full
or substantial control of the charter school project funded under the
CSP (e.g., food services or payroll services) and that otherwise comply
with statutory and regulatory requirements;
(iii) The charter school's governing board has access to financial
and other data pertaining to the charter school, the management
organization, and any related entities; and
(iv) The charter school is in compliance with applicable Federal
and State laws and regulations governing conflicts of interest, and
there are no actual or perceived conflicts of interest between the
charter school and the management organization (2022 NFP).
(10) Each charter school receiving CSP funding will post on its
website, on an annual basis, a copy of any management contract between
the charter school and a for-profit management organization, including
a nonprofit management organization operated by or on behalf of a for-
profit entity, and report information on such contract to the State
entity, including--
(i) A copy of the existing contract with the for-profit
organization or a detailed description of the terms of the contract,
including the name and contact information of the management
organization, the cost (i.e., fixed costs and estimates of any ongoing
cost), including the amount of CSP funds proposed to be used toward
such cost, and the percentage such cost represents of the charter
school's total funding, the duration, roles and responsibilities of the
management organization, and the steps the charter school is taking to
ensure that it makes all programmatic decisions, maintains control over
all CSP funds, and directly administers or supervises the
administration of the grant or subgrant in accordance with 34 CFR
76.701;
(ii) A description of any business or financial relationship
between the charter school developer or CMO and the management
organization, including payments, contract terms, and any property
owned, operated, or controlled by the management organization or
related individuals or entities to be used by the charter school;
(iii) The names and contact information for each member of the
governing boards of the charter school and a list of management
organization's officers, chief administrator, and other administrators,
and any staff involved in approving or executing the management
contract; and a description of any actual or perceived conflicts of
interest, including financial interests, and how the applicant resolved
or will resolve any actual or perceived conflicts of interest to ensure
compliance with 2 CFR 200.318(c); and
(iv) A description of how the charter school ensured that such
contract is severable and that a change in management companies will
not cause the proposed charter school to close (2022 NFP).
(11) Each charter school receiving CSP funding will disclose, as
part of the enrollment process, any policies and requirements (e.g.,
purchasing and wearing specific uniforms and other fees, or
requirements for family participation), and any services that are or
are not provided, that could impact a family's ability to enroll or
remain enrolled in the school (e.g., transportation services or
participation in the National School Lunch Program) (2022 NFP).
(12) Each charter school receiving CSP funding will hold or
participate in a public hearing in the local community in which the
proposed charter school would be located to obtain information
[[Page 16605]]
and feedback regarding the potential benefit of the charter school,
which shall at least include information about how the proposed charter
school will increase the availability of high-quality public school
options for underserved students, promote racial and socio-economic
diversity in such community or have an educational mission to serve
primarily underserved students, and not increase racial or socio-
economic segregation or isolation in the school districts from which
students would be drawn to attend the charter school (consistent with
applicable laws). Applicants must ensure that the hearing (and notice
thereof) is accessible to individuals with disabilities and limited
English proficient individuals as required by law, actively solicit
participation in the hearing (i.e., provide widespread and timely
notice of the hearing), make good faith efforts to accommodate as many
people as possible (e.g., hold the hearing at a convenient time for
families or provide virtual participation options), and submit a
summary of the comments received as part of the application. The
hearing may be conducted as part of the charter authorizing process,
provided that it meets the requirements above. (2022 NFP).
(13) No eligible applicant receiving funds under the State entity's
program will use implementation funds for a charter school until after
the charter school has received a charter from an authorized public
chartering agency and has a contract, lease, mortgage, or other
documentation indicating that it has a facility in which to operate.
Consistent with sections 4303(b)(1), 4303(h)(1)(B), and 4310(6) of the
ESEA, an eligible applicant may use CSP planning funds for post-award
planning and design of the educational program of a proposed new or
replicated high-quality charter school that has not yet opened, which
may include hiring and compensating teachers, school leaders, and
specialized instructional support personnel; providing training and
professional development to staff; and other critical planning
activities that need to occur prior to the charter school opening when
such costs cannot be met from other sources. (2022 NFP).
Note: The Department recognizes that the charter approval process
may exceed the 18-month planning period for CSP grants and subgrants,
as prescribed under section 4303(d)(1)(B) of the ESEA. In such a case,
applicants may request approval from the State entity to amend their
application to request an extension of the 18-month planning period.
Under section 4303(d)(5) of the ESEA, the Secretary, in his discretion,
may waive any statutory or regulatory requirement over which he
exercises administrative authority, except the requirements related to
the definition of ``charter school'' in section 4310(2), provided that
the waiver is requested in an approved application and the Secretary
determines that granting the waiver will promote the purposes of the
CSP. It is also worth noting that a subgrantee may request approval
from the State entity to amend its approved application and budget to
cover additional planning costs that it may incur due to an unexpected
delay in the charter approval process.
(14) Within 120 days of the date of any subgrant award
notifications, the grantee will post on its website:
(i) A list of the charter schools slated to receive CSP funds,
including the following for each school:
(A) The name, address, and grades served.
(B) A description of the education model.
(C) If the charter school has contracted with a for-profit
management organization, the name of the management organization, the
amount of CSP funding the management organization will receive from the
school, and a description of the services to be provided.
(D) The award amount, including any funding that has been approved
for the current year and any additional years of the CSP grant for
which the school will receive support.
(E) The grant or subgrant application (redacted as necessary).
(F) The peer review materials, including reviewer comments and
scores (redacted as necessary) from the subgrant competition (2022
NFP).
(c) Waivers--Requests for information about waivers, including--
(1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the State entity believes are
necessary for the successful operation of the charter schools that will
receive funds under the State entity's program under section 4303 of
the ESEA or, in the case of a State entity that is a charter school
support organization, a description of how the State entity will work
with the State to request such necessary waivers, where applicable; and
(2) A description of any State or local rules, generally applicable
to public schools, that will be waived or otherwise not apply to such
schools.
Definitions:
The following definitions are from sections 4303(a), 4310, and 8101
of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); 34 CFR 77.1; and the
2022 NFP.
Ambitious means promoting continued, meaningful improvement for
program participants or for other individuals or entities affected by
the grant, or representing a significant advancement in the field of
education research, practices, or methodologies. When used to describe
a performance target, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
for that measure (34 CFR 77.1).
Authorized public chartering agency means an SEA, LEA, or other
public entity that has the authority pursuant to State law and approved
by the Secretary to authorize or approve a charter school (section
4310(1) of the ESEA).
Baseline means the starting point from which performance is
measured and targets are set (34 CFR 77.1).
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; \3\
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\3\ 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
[[Page 16606]]
Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA (20 U.S.C.
1232g) (commonly referred to as the ``Family Educational Rights and
Privacy Act of 1974''), and part B of the Individuals with Disabilities
Education Act (IDEA);
(8) Is a school to which parents choose to send their children, and
that--
(i) Admits students on the basis of a lottery, consistent with
section 4303(c)(3)(A) of the ESEA, if more students apply for admission
than can be accommodated; or
(ii) In the case of a school that has an affiliated charter school
(such as a school that is part of the same network of schools),
automatically enrolls students who are enrolled in the immediate prior
grade level of the affiliated charter school and, for any additional
student openings or student openings created through regular attrition
in student enrollment in the affiliated charter school and the
enrolling school, admits students on the basis of a lottery as
described in paragraph (i);
(9) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(10) Meets all applicable Federal, State, and local health and
safety requirements;
(11) Operates in accordance with State law;
(12) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(13) May serve students in early childhood education programs or
postsecondary students (section 4310(2) of the ESEA).
Charter school support organization means a nonprofit,
nongovernmental entity that is not an authorized public chartering
agency and provides, on a statewide basis--
(1) Assistance to developers during the planning, program design,
and initial implementation of a charter school; and
(2) Technical assistance to operating charter schools (section
4310(4) of the ESEA).
Child with a disability means--
(1) A child (i) with intellectual disabilities, hearing impairments
(including deafness), speech or language impairments, visual
impairments (including blindness), serious emotional disturbance
(referred to as ``emotional disturbance''), orthopedic impairments,
autism, traumatic brain injury, other health impairments, or specific
learning disabilities; and (ii) who, by reason thereof, needs special
education and related services.
(2) For a child aged 3 through 9 (or any subset of that age range,
including ages 3 through 5), may, at the discretion of the State and
the LEA, include a child (i) experiencing developmental delays, as
defined by the State and as measured by appropriate diagnostic
instruments and procedures, in one or more of the following areas:
physical development, cognitive development, communication development,
social or emotional development, or adaptive development; and (ii) who,
by reason thereof, needs special education and related services
(section 8101(4) of the ESEA).
Community assets means resources that can be identified and
mobilized to improve conditions in the charter school and community.
These assets may include--
(1) Human assets, including capacities, skills, knowledge base, and
abilities of individuals within a community; and
(2) Social assets, including networks, organizations, businesses,
and institutions that exist among and within groups and communities
(2022 NFP).
Demonstrates a rationale means a key project component included in
the project's logic model is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes (34 CFR 77.1).
Developer means an individual or group of individuals (including a
public or private nonprofit organization), which may include teachers,
administrators and other school staff, parents, or other members of the
local community in which a charter school project will be carried out
(section 4310(5) of the ESEA).
Disconnected youth means an individual, between the ages 14 and 24,
who may be from a low-income background, experiences homelessness, is
in foster care, is involved in the justice system, or is not working or
not enrolled in (or at risk of dropping out of) an educational
institution (2022 NFP).
Early childhood education program means--
(1) A Head Start program or an Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant
or seasonal Head Start program, an Indian Head Start program, or a Head
Start program or an Early Head Start program that also receives State
funding;
(2) A State licensed or regulated child care program; or
(3) A program that (i) serves children from birth through age 6
that addresses the children's cognitive (including language, early
literacy, and early mathematics), social, emotional, and physical
development; and (ii) is (A) a State prekindergarten program, (B) a
program authorized under section 619 (20 U.S.C. 1419) or part C of the
IDEA, or (C) a program operated by an LEA (section 8101(16) of the
ESEA).
Educator means an individual who is an early learning educator,
teacher, principal or other school or district leader, specialized
instructional support personnel (e.g., school psychologist, counselor,
school social worker, early intervention service personnel),
paraprofessional, or faculty (2022 NFP).
Educationally disadvantaged student means a student in one or more
of the categories described in section 1115(c)(2) of the ESEA, which
include children who are economically disadvantaged, children with
disabilities, migrant students, English learners, neglected or
delinquent students, homeless students, and students who are in foster
care (2022 NFP).
Eligible applicant means a developer that has--
(1) Applied to an authorized public chartering authority to operate
a charter school; and
(2) Provided adequate and timely notice to that authority (section
4310(6) of the ESEA).
English learner, when used with respect to an individual, means an
individual--
(1) Who is aged 3 through 21;
(2) Who is enrolled or preparing to enroll in an elementary school
or secondary school;
(3)(i) Who was not born in the United States or whose native
language is a language other than English;
(ii)(A) Who is a Native American or Alaska Native, or a native
resident of the outlying areas; and
(B) Who comes from an environment where a language other than
English has had a significant impact on the individual's level of
English language proficiency; or
(iii) Who is migratory, whose native language is a language other
than English, and who comes from an environment where a language other
than English is dominant; and
(4) Whose difficulties in speaking, reading, writing, or
understanding the
[[Page 16607]]
English language may be sufficient to deny the individual--
(i) The ability to meet the challenging State academic standards;
(ii) The ability to successfully achieve in classrooms where the
language of instruction is English; or
(iii) The opportunity to participate fully in society (section
8101(20) of the ESEA).
Expand, when used with respect to a high-quality charter school,
means to significantly increase enrollment or add one or more grades to
the high-quality charter school (section 4310(7) of the ESEA).
High-quality charter school means a charter school that--
(1) Shows evidence of strong academic results, which may include
strong student academic growth, as determined by a State;
(2) Has no significant issues in the areas of student safety,
financial and operational management, or statutory or regulatory
compliance;
(3) Has demonstrated success in significantly increasing student
academic achievement, including graduation rates where applicable, for
all students served by the charter school; and
(4) Has demonstrated success in increasing student academic
achievement, including graduation rates where applicable, for each of
the subgroups of students, as defined in section 1111(c)(2) of the
ESEA, except that such demonstration is not required in a case in which
the number of students in a group is insufficient to yield
statistically reliable information or the results would reveal
personally identifiable information about an individual student
(section 4310(8) of the ESEA).
Logic model (also referred to as theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes (34 CFR 77.1).
Parent includes a legal guardian or other person standing in loco
parentis (such as a grandparent or stepparent with whom the child
lives, or a person who is legally responsible for the child's welfare)
(section 8101(38) of the ESEA).
Performance measure means any quantitative indicator, statistic, or
metric used to gauge program or project performance (34 CFR 77.1).
Performance target means a level of performance that an applicant
would seek to meet during the course of a project or as a result of a
project (34 CFR 77.1).
Project component means an activity, strategy, intervention,
process, product, practice, or policy included in a project. Evidence
may pertain to an individual project component or to a combination of
project components (e.g., training teachers on instructional practices
for English learners and follow-on coaching for these teachers) (34 CFR
77.1).
Relevant outcome means the student outcome(s) or other outcome(s)
the key project component is designed to improve, consistent with the
specific goals of the program (34 CFR 77.1).
Replicate, when used with respect to a high-quality charter school,
means to open a new charter school, or a new campus of a high-quality
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional
charter, if permitted or required by State law (section 4310(9) of the
ESEA).
State means each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and each of the outlying areas (section
8101(48) of the ESEA).
State educational agency means the agency primarily responsible for
the State supervision of public elementary schools and secondary
schools (section 8101(49) of the ESEA).
State entity means--
(1) A State educational agency;
(2) A State charter school board;
(3) A Governor of a State; or
(4) A charter school support organization (section 4303(a) of the
ESEA).
Underserved student means a student in one or more of the following
subgroups:
(1) A student who is living in poverty or is served by schools with
high concentrations of students living in poverty.
(2) A student of color.
(3) A student who is a member of a federally recognized Indian
Tribe.
(4) An English learner (as defined in section 8101 of the ESEA).
(5) A child or student with a disability (as defined in section
8101 of the ESEA).
(6) A disconnected youth.
(7) A migrant student.
(8) A student experiencing homelessness or housing insecurity.
(9) A student who is in foster care.
(10) A pregnant, parenting, or caregiving student.
(11) A student impacted by the justice system, including a formerly
incarcerated student.
(12) A student performing significantly below grade level (2022
NFP).
Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
7221j).
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The 2022 NFP.
II. Award Information
Type of Award: Discretionary grant.
Estimated Available Funds: $173,000,000.
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: $2,000,000 to $20,000,000 per year.
Estimated Average Size of Awards: $8,000,000 per year.
Maximum Award: See section III.4(a) of this notice, Reasonable and
Necessary Costs, for information regarding the maximum amount of funds
that State Entities may award for each charter school receiving
subgrant funds.
Estimated Number of Awards: 8-10.
Note: The Department is not bound by any estimates in this notice.
The estimated range and average size of awards are based on a single
12-month budget period. We may use FY 2023 funds to support multiple
12-month budget periods for one or more grantees.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Entities: State entities in States with a specific
State statute authorizing the granting of charters to schools.
Under section 4303(e)(1) of the ESEA, no State entity may receive a
grant under this competition for use in a State in which a State entity
is currently using a CSP State Entity grant.
[[Page 16608]]
Accordingly, State entities located in States in which a State entity
has a current CSP State Entity grant that is not in its final budget
period (or is in its final budget period, but the grantee plans to
request a one-time no-cost extension in accordance with 34 CFR 75.261
and 2 CFR 200.308(e)(2) \4\) (i.e., Alabama, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, District of Columbia,
Florida, Georgia, Illinois, Massachusetts, Michigan, Mississippi,
Nevada, New Hampshire, New Jersey, New York, North Carolina,
Pennsylvania, South Carolina, Tennessee, Texas, and Washington) are
ineligible to apply for a CSP State Entity grant under this
competition.
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\4\ Under 34 CFR 75.261, a grantee may extend the project period
of an award one time for up to 12 months without the prior approval
of the Department if the grantee meets the requirements for
extension in 2 CFR 200.308(d)(2), and Department statutes,
regulations, and the terms of the award do not prohibit the
extension. See also 2 CFR 200.308(e)(2).
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State entities located in States in which a State entity has a
current CSP State Entity grant that is operating under a no-cost
extension (i.e., Indiana, Maryland, Minnesota, New Mexico, Ohio,
Oklahoma, Rhode Island, and Wisconsin), or that is not operating under
a no-cost extension but is in its final budget period and has notified
the Department that it does not intend to request a no-cost extension
(i.e., Idaho), however, are eligible to apply for a CSP State Entity
grant under this competition. The Department will accept applications
from current State entity grantees located in these States as well as
from State entities located in these States that do not have a current
CSP State Entity grant.
Consistent with section 4303(e)(1), if a State entity is approved
for a new CSP State Entity grant under this competition for use in a
State in which a State entity has a current CSP State Entity grant that
is operating under a no-cost extension (or that is in its final budget
period and does not request a no-cost extension at least 10 calendar
days before the end of the performance period specified in the Federal
award in accordance with 2 CFR 200.308(e)(2)), the current State entity
grantee must either (a) obligate all grant funds prior to the end of
the current budget period; or (b) request a waiver under section
4303(d)(5) of the ESEA to enable it to complete grant activities. In
the absence of an approved waiver, the current State entity grantee
must complete all grant activities and begin the grant closeout process
(i.e., liquidating the grant and not incurring new costs) prior to the
expiration date of the no-cost extension (or the end of the performance
period for a grantee that is in its final budget period and did not
request a no-cost extension). Likewise, if multiple State entities in a
State submit applications that receive high enough scores to be
recommended for funding under this competition, only the highest
scoring application among such State entities would be funded.
State entities in States in which an SEA has a current CSP Grant
for SEAs that was awarded under the Elementary and Secondary Education
Act of 1965, as amended by the No Child Left Behind Act of 2001 (i.e.,
prior to FY 2017) are eligible to apply for a CSP State Entity grant
under this competition, as long as no other State entity in the State
has a current CSP State Entity grant that is not in its final budget
period nor operating under a no-cost extension.
2. a. Cost Sharing or Matching: This program does not require cost
sharing or matching.
b. Indirect Cost Rate Information: This program uses an
unrestricted indirect cost rate. For more information regarding
indirect costs, or to obtain a negotiated indirect cost rate, please
see www2.ed.gov/about/offices/list/ocfo/intro.html.
c. Administrative Cost Limitation: A State Entity receiving a grant
under this section shall not reserve more than 3 percent of funds for
administrative costs, which may include technical assistance.
3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a
State entity may award subgrants to eligible applicants and technical
assistance providers.
(b) Under section 4303(d)(2) of the ESEA, when awarding subgrants
to eligible applicants, a State Entity must use a peer review process
to review applications.
Note: An eligible applicant (i.e., charter school developer or
charter school) in a State in which no State entity has an approved
grant application under section 4303 of the ESEA may apply for funding
directly from the Department under the CSP Grants to Charter School
Developers for the Opening of New Charter Schools and for the
Replication and Expansion of High-Quality Charter Schools (Developer)
(ALN numbers 84.282B and 84.282E) program. Additional information about
the CSP Developer program is available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/.
4. Other: (a) Reasonable and Necessary Costs: The Secretary may
elect to impose maximum limits on the amount of subgrant funds that a
State Entity may award to an eligible applicant per new charter school
created or replicated, per charter school expanded, or per new school
seat created.
For this competition, the maximum amount of subgrant funds a State
Entity may award to a subgrantee per new charter school, replicated
high-quality charter school, or expanded high-quality charter school
over a 5-year subgrant period is $2,000,000.
Note: Applicants must ensure that all costs included in the
proposed budget are necessary and reasonable to meet the goals and
objectives of the proposed project. Any costs determined by the
Secretary to be unreasonable or unnecessary will be removed from the
final approved budget.
(b) Audits: (i) A non-Federal entity that expends $750,000 or more
during the non-Federal entity's fiscal year in Federal awards must have
a single or program-specific audit conducted for that year in
accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))
(ii) A non-Federal entity that expends less than $750,000 during
the non-Federal entity's fiscal year in Federal awards is exempt from
Federal audit requirements for that year, except as noted in 2 CFR
200.503 (Relation to other audit requirements), but records must be
available for review or audit by appropriate officials of the Federal
agency, pass-through entity, and Government Accountability Office. (2
CFR 200.501(d)).
IV. Application and Submission Information
1. Application Submission Instructions: 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 https://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.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the CSP State Entity
grant competition, your application may include business
[[Page 16609]]
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: In accordance with section 4303(c) of the
ESEA, a State entity receiving a grant under this program shall (a) use
not less than 90 percent of the grant funds to award subgrants to
eligible applicants, in accordance with the quality charter school
program described in the State entity's application pursuant to section
4303(f), for activities related to opening and preparing for the
operation of new charter schools and replicated high-quality charter
schools, or expanding high-quality charter schools; (b) reserve not
less than 7 percent of the grant funds to provide technical assistance
to eligible applicants and authorized public chartering agencies in
carrying out such activities, and to work with authorized public
chartering agencies in the State to improve authorizing quality,
including developing capacity for, and conducting, fiscal oversight and
auditing of charter schools; and (c) reserve not more than 3 percent of
the grant funds for administrative costs, which may include technical
assistance. The State entity's application should include a description
of the State entity's objectives in providing technical assistance to
eligible applicants and authorized public chartering agencies under
section 4303(b)(2) of the ESEA, and the activities identified to
provide such technical assistance, including any activities related to
serving students with disabilities and English learners. A State entity
may use a grant received under this program to provide technical
assistance and to work with authorized public chartering agencies to
improve authorizing quality under section 4303(b)(2) of the ESEA
directly or through grants, contracts, or cooperative agreements.
Limitation on Grants and Subgrants: Under section 4303(d) of the
ESEA, a grant awarded by the Secretary to a State entity under this
competition shall be for a period of not more than 5 years.
A subgrant awarded by a State entity under this program shall be
for a period of not more than 5 years, of which an eligible applicant
may use not more than 18 months for planning and program design. An
eligible applicant may not receive more than one subgrant under this
program for each individual charter school for a 5-year period, unless
the eligible applicant demonstrates to the State entity that such
individual charter school has at least 3 years of improved educational
results for students enrolled in such charter school, with respect to
the elements described in section 4310(8)(A) and (D) of the ESEA.\5\
---------------------------------------------------------------------------
\5\ Section 4303(e)(2) of the ESEA prescribes the circumstances
under which an eligible applicant may be eligible to apply to a
State entity for a second subgrant for an individual charter school
for a 5-year period. The eligible applicant still would have to meet
all program requirements, including the requirements for replicating
or expanding a high-quality charter school.
---------------------------------------------------------------------------
Other CSP Grants: A charter school that previously received funds
for opening or preparing to operate a new charter school, or
replicating or expanding a high-quality charter school, under the CSP
State Entity program (ALN number 84.282A), the CSP Grants to Charter
Management Organizations for the Replication and Expansion of High-
Quality Charter Schools (CMO) program (ALN number 84.282M), or the CSP
Developer program (ALN numbers 84.282B and 84.282E) may not use funds
under this program to carry out the same or substantially similar
activities. However, such charter school may be eligible to receive
funds under this competition to expand the charter school beyond the
existing grade levels or student count.
Likewise, a charter school that previously was awarded a subgrant
from a State entity under this program (or the former CSP Grants for
State Educational Agencies program) is ineligible to receive funds to
carry out the same activities under the CMO program (ALN number
84.282M) or Developer program (ALN numbers 84.282B and 84.282E),
including for opening or preparing to operate a new charter school, or
for replication or expansion.
Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State
entities awarded grants under this competition shall award subgrants to
eligible applicants to enable such eligible applicants to--
(a) Open and prepare for the operation of new charter schools;
(b) Open and prepare for the operation of replicated high-quality
charter schools; or
(c) Expand high-quality charter schools.
Under section 4303(h) of the ESEA, an eligible applicant receiving
a subgrant under this program shall use such funds to support
activities related to opening and preparing for the operation of new
charter schools or replicating or expanding high-quality charter
schools, which shall include one or more of the following:
(a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
(i) Providing professional development; and
(ii) Hiring and compensating, during the eligible applicant's
planning period specified in the application for subgrant funds, one or
more of the following:
(A) Teachers.
(B) School leaders.
(C) Specialized instructional support personnel.
(b) Acquiring supplies, training, equipment (including technology),
and educational materials (including developing and acquiring
instructional materials).
(c) Carrying out necessary renovations to ensure that a new school
building complies with applicable statutes and regulations, and minor
facilities repairs (excluding construction).
(d) Providing one-time, startup costs associated with providing
transportation to students to and from the charter school.
(e) Carrying out community engagement activities, which may include
paying the cost of student and staff recruitment.
(f) Providing for other appropriate, non-sustained costs related to
opening, replicating, or expanding high-quality charter schools when
such costs cannot be met from other sources.
Diversity of Projects: Per section 4303(d)(4) of the ESEA, each
State entity awarding subgrants under this competition shall award
subgrants in a manner that, to the extent practicable and applicable,
ensures that such subgrants--
[[Page 16610]]
(a) Are distributed throughout different areas, including urban,
suburban, and rural areas; and
(b) Will assist charter schools representing a variety of
educational approaches.
Award Basis: In determining whether to approve a grant award and
the amount of such award, the Department will consider, among other
things, the applicant's performance and use of funds under a previous
or existing award under any Department program (34 CFR 75.217(d)(3)(ii)
and 233(b)). In assessing the applicant's performance and use of funds
under a previous or existing award, the Secretary will consider, among
other things, the outcomes the applicant has achieved and the results
of any Departmental grant monitoring, including the applicant's
progress in remedying any deficiencies identified in such monitoring.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
5. Recommended Page Limit and English Language Requirement: The
application narrative (Part III of the application) is where you, the
applicant, address the priorities, selection criteria, and application
requirements that reviewers use to evaluate your application. We
recommend that you (1) limit the application narrative to no more than
60 pages and (2) use the following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double-space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
Applications must be in English, and peer reviewers will only
consider supporting documents submitted with the application that are
in English.
The recommended page limit does not apply to Part I, the cover
sheet; Part II, the budget section, including the narrative budget
justification; Part IV, the assurances and certifications; or the one-
page abstract, the resumes, the bibliography, or the letters of
support. However, the recommended page limit does apply to all of the
application narrative.
6. Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar designed to provide technical
assistance to interested applicants. Detailed information regarding
this webinar will be provided at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/state-entities/application-info-and-eligibility/. There is no registration
fee for attending this meeting.
For further information about the pre-application meeting, contact
Adrienne Hawkins, U.S. Department of Education, 400 Maryland Avenue SW,
Washington, DC 20202-5970. Telephone: (202) 453-4538. Email:
[email protected].
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)), the
2022 NFP, and 34 CFR 75.210. The maximum possible total score an
application can receive for addressing the criteria is 100 points. The
maximum possible score for addressing each criterion is indicated in
parentheses following the criterion.
(a) Quality of the Project Design (up to 35 points). The Secretary
considers the quality of the design of the proposed project. In
determining the quality of the design of the proposed project, the
Secretary considers:
(1) The extent to which the proposed project demonstrates a
rationale (34 CFR 75.210(c)(2)(xxix)) (up to 5 points);
(2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and will produce both quantitative and
qualitative data to the extent possible (34 CFR 75.210(h)(2)(iv)) (up
to 5 points);
(3) The ambitiousness of the State entity's objectives for the
quality charter school program carried out under the CSP State Entity
program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B))
(up to 5 points);
(4) The extent to which the projected number of subgrant awards for
each grant project year is supported by evidence of demand and need,
and the extent to which the proposed average subgrant award amount is
supported by evidence of the need of applicants (2022 NFP) (up to 20
points).
(b) Quality of Eligible Applicants Receiving Subgrants (up to 15
points): The likelihood that the eligible applicants receiving
subgrants under the program will meet the State entity's objectives for
the quality charter school program and improve educational results for
students (section 4303(g)(1)(C) (20 U.S.C. 7221b(g)(1)(C))).
(c) State Plan (up to 35 points): The State entity's plan to--
(1) Adequately monitor the eligible applicants receiving subgrants
under the State entity's program (section 4303(g)(1)(D)(i) (20 U.S.C.
7221b(g)(1)(D)(i))) (up to 10 points);
(2) Work with the authorized public chartering agencies involved to
avoid duplication of work for the charter schools and authorized public
chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C.
7221b(g)(1)(D)(ii))) (up to 5 points);
(3) Provide technical assistance and support for--
(i) The eligible applicants receiving subgrants under the State
entity's program; and
(ii) Quality authorizing efforts in the State (section
4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10
points);
(4) The State entity's plan to solicit and consider input from
parents and other members of the community on the implementation and
operation of charter schools in the State (section 4303(g)(1)(E) of
ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and
(5) The degree of flexibility afforded by the State's charter
school law and how the State entity will work to maximize the
flexibility provided to charter schools under such law (section
4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points).
(d) Quality of the Management Plan (up to 15 points). The Secretary
considers the quality of the management plan for the proposed project.
In determining the quality of the management plan for the proposed
project, the Secretary considers:
(1) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (34 CFR 75.210(g)(2)(i)) (up to 10 points);
(2) The adequacy of procedures for ensuring feedback and continuous
improvement in the operation of the proposed project (34 CFR
75.210(g)(2)(ii)) (up to 3 points); and
(3) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed project
(34 CFR 75.210(g)(2)(iv)) (up to 2 points).
2. Review and Selection Process: We remind potential applicants
that in
[[Page 16611]]
reviewing applications in any discretionary grant competition, the
Secretary may consider, under 34 CFR 75.217(d)(3), the past performance
of the applicant in carrying out a previous award, such as the
applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition, the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
5. In General: In accordance with the Office of Management and
Budget's guidance located at 2 CFR part 200, all applicable Federal
laws, and relevant Executive guidance, the Department will review and
consider applications for funding pursuant to this notice inviting
applications in accordance with--
(a) Selecting recipients most likely to be successful in delivering
results based on the program objectives through an objective process of
evaluating Federal award applications (2 CFR 200.205);
(b) Prohibiting the purchase of certain telecommunication and video
surveillance services or equipment in alignment with section 889 of the
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR
200.216);
(c) Providing a preference, to the extent permitted by law, to
maximize use of goods, products, and materials produced in the United
States (2 CFR 200.322); and
(d) Terminating agreements in whole or in part to the greatest
extent authorized by law if an award no longer effectuates the program
goals or agency priorities (2 CFR 200.340).
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements, please refer to 2 CFR
3474.20.
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, including a description of the State entity's objectives in
providing technical assistance to eligible applicants and authorized
public chartering agencies under section 4303(b)(2) of the ESEA, and
the activities identified to provide such technical assistance,
including any activities related to serving students with disabilities
and English learners; and the impact of the State entity's actions or,
if no known impact, an explanation of why. The Secretary may also
require more frequent performance reports under 34 CFR 75.720(c). For
specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
(c) In accordance with section 4303(i) of the ESEA, each State
entity receiving a grant under this section must submit to the
Secretary, at the end of the third year of the 5-year grant period (or
at the end of the second year if the grant period is less than 5
years), and at the end of such grant period, a report that includes the
following:
(1) The number of students served by each subgrant awarded under
this section and, if applicable, the number of new students served
during each year of the period of the subgrant.
[[Page 16612]]
(2) A description of how the State entity met the objectives of the
quality charter school program described in the State entity's
application, including--
(A) How the State entity met the objective of sharing best and
promising practices as outlined in section 4303(f)(1)(A)(ix) of the
ESEA in areas such as instruction, professional development, curricula
development, and operations between charter schools and other public
schools; and
(B) If known, the extent to which such practices were adopted and
implemented by such other public schools.
(3) The number and amount of subgrants awarded under this program
to carry out activities described in section 4303(b)(1)(A) through (C)
of the ESEA.
(4) A description of--
(A) How the State entity complied with, and ensured that eligible
applicants complied with, the assurances included in the State entity's
application; and
(B) How the State entity worked with authorized public chartering
agencies, and how the agencies worked with the management company or
leadership of the schools that received subgrant funds under this
program, if applicable.
(d) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection, analysis, and reporting.
In this case, the Secretary establishes a data collection period.
5. Performance Measures: For the purposes of reporting under 34 CFR
75.110: (a) The Secretary has established two performance indicators to
measure annual progress toward achieving the purposes of the program,
which are discussed elsewhere in this notice. The performance
indicators are (1) the number of charter schools in operation around
the Nation; and (2) the percentage of fourth- and eighth-grade charter
school students who are achieving at or above the proficient level on
State assessments in mathematics and reading/language arts.
Additionally, the Secretary has established the following measure to
examine the efficiency of the CSP: the Federal cost per student in
implementing a successful school (defined as a school in operation for
3 or more consecutive years).
(b) Project-Specific Performance Measures. Applicants must propose
project-specific performance measures and performance targets
consistent with the objectives of the proposed project. Applications
must provide the following information as directed under 34 CFR
75.110(b) and (c).
(1) Performance measures. How each proposed performance measure
would accurately measure the performance of the project and how the
proposed performance measure would be consistent with the performance
measures established for the program funding the competition.
(2) Baseline data. (i) Why each proposed baseline is valid; or (ii)
if the applicant has determined that there are no established baseline
data for a particular performance measure, an explanation of why there
is no established baseline and of how and when, during the project
period, the applicant would establish a valid baseline for the
performance measure.
(3) Performance targets. Why each proposed performance target is
ambitious yet achievable compared to the baseline for the performance
measure and when, during the project period, the applicant would meet
the performance target(s).
(4) Data collection and reporting. (i) The data collection and
reporting methods the applicant would use and why those methods are
likely to yield reliable, valid, and meaningful performance data; and
(ii) the applicant's capacity to collect and report reliable, valid,
and meaningful performance data, as evidenced by high-quality data
collection, analysis, and reporting in other projects or research.
All grantees must submit an annual performance report with
information that is responsive to these performance measures.
6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things, whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, whether
the grantee has made substantial progress in achieving the performance
targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
7. Project Directors' Meeting: Applicants approved for funding
under this competition must attend a meeting for project directors
either virtually or at a location to be determined in the continental
United States during each year of the project. Applicants may include,
if applicable, the cost of attending this meeting in their proposed
budgets as allowable administrative costs.
8. Technical Assistance: Applicants approved for funding under this
competition will be required to participate in all technical assistance
offerings, to include project directors' meetings and other on-site
gatherings sponsored by the Department and its contracted technical
assistance providers and partners throughout the life of the grant.
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
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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. 2023-05612 Filed 3-17-23; 8:45 am]
BILLING CODE 4000-01-P