[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19689-19694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08093]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program (CSP)--State Charter School Facilities
Incentive Grant (SFIG) Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education
ACTION: Notice.
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SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications (NIA) for fiscal year (FY) 2025 for the SFIG
Program.
DATES:
Applications Available: May 9, 2025.
Deadline for Notice of Intent to Apply: Applicants are strongly
encouraged but not required to submit a notice of intent to apply by
June 9, 2025.
Application Deadline: July 8, 2025.
Deadline for Intergovernmental Review: September 8, 2025.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to the Application Submission Instructions
section.
FOR FURTHER INFORMATION CONTACT: Clifton Jones, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970.
Telephone: (202) 205-2204. Email: [email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
1. Purpose of Program: Through the CSP SFIG program, the Department
provides grants on a competitive basis to eligible States \1\ to help
them establish or enhance, and administer, a per-pupil facilities aid
program for charter schools in the State that is specified in State law
and provides annual financing, on a per-pupil basis, for charter school
facilities.
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\1\ Terms defined in this notice are italicized the first time
each term is used.
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Charter schools that receive financial assistance through CSP SFIG
Grants provide elementary or secondary education, or both, and may also
serve students in early childhood education programs or postsecondary
students.
Assistance Listing Number: 84.282D.
OMB Control Number: 1894-0006.
Note: The table below highlights key aspects of the funding
opportunity in this NIA. Applicants are encouraged to thoroughly review
this notice for a detailed listing and description of all competition
requirements before submitting an application.
Table 1--Funding Opportunity At-a-Glance
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Topic Notes
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Application Deadline......... All interested applicants must submit
applications in Grants.gov no later than
11:59 p.m. Eastern time on July 8, 2025.
Complete instructions on how to register
and apply can be found at Grants.gov.
Eligibility.................. States are eligible to apply. In order to
be eligible to receive a grant, a State
shall establish or enhance, and
administer, a per-pupil facilities aid
program for charter schools in the
State, that--
(a) Is specified in State law; and
(b) Provides annual financing, on a per-
pupil basis, for charter school
facilities.
Funding...................... Estimated Available Funds: $10,000,000.
Estimated Range of Awards: $1,000,000 to
$10,000,000 per year.
Estimated Average Size of Awards:
$10,000,000 per year.
Estimated Number of Awards: 1-2.
The Department is not bound by any
estimates in this notice.
Competitive Preference This notice includes two CPPs. We award
Priorities (CPPs). additional points to an application that
The full text is in the addresses the CPPs. Responding to the
priorities section below. CPPs is optional.
1. Capacity of Charter Schools to Offer
Public School Choice in Communities with
the Greatest Need for Choice (Up to 6
points).
2. Applicants that Have Not Previously
Received a SFIG Grant (0 or 3 points).
[[Page 19690]]
Application Requirements..... Applicants are required to complete the
four program specific application
package instruction forms. OMB Control
Number: 1894-0006.
1. Table 1--Charter School Aid Paid by
State.
2. Table 2--Budget Form: Grant Funds
Expenditures.
3. Table 3--Grant Funds as a Percentage
of the Cost of Per-Pupil Facilities Aid.
4. Program-Specific Assurance.
Selection Criteria........... We evaluate applications using selection
The full text is in the criteria. The maximum score for
selection criteria section addressing all selection criteria is 100
below. points.
(a) Need for facility funding (30
points).
(b) Quality of plan (40 points).
(c) The grant project team (10 points).
(d) The budget (10 points).
(e) State Experience (10 points).
Cost Sharing or Matching..... A State must provide a State share of the
total cost of the project. The minimum
State share of the total cost of the
project increases each year of the
grant, as follows:
10 percent in the first year.
20 percent in the second year.
40 percent in the third year.
60 percent in the fourth year.
80 percent in the fifth year.
Supplement-Not-Supplant...... This program involves supplement-not-
supplant requirements.
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2. Background: Accessing affordable, and appropriate facilities is
one of the biggest obstacles to creating and expanding charter schools
as cited by charter school leaders.\2\ In 2021, the Government
Accountability Office (GAO) issued a report identifying the challenges
charter schools encounter with locating and securing charter school
facilities and government assistance that can address these challenges,
such as per-pupil allowances, which provide extra funds to help cover
facility expenses. In the report, the GAO identified the following four
challenges unique to charter schools when trying to secure charter
school facilities and funding: (1) affordability and limited access to
State and local funding, and affordable private loans as well as rising
real estate costs and renovation expenses; (2) availability of safe and
secure building space and lack of amenities (e.g., a cafeteria or
playground), and limited access to buildings; (3) inconsistent
assistance for charter school facilities' needs and, (4) limited staff
expertise in facilities management.\3\ This program addresses these
challenges by providing grants to encourage States to establish and
enhance or administer per-pupil facilities aid programs for charter
schools.
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\2\ 2024-CSP-Impact-Report.pdf.
\3\ https://www.gao.gov/assets/gao-21-104446.pdf.
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3. Award Information:
Type of Award: Discretionary grants.
Estimated Available Funds: $10,000,000.
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: $1,000,000 to $10,000,000.
Estimated Average Size of Awards: $10,000,000.
Estimated Number of Awards: 1-2.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 60 months.
4. Eligible Applicants: States. In order to be eligible to receive
a grant, a State shall establish or enhance, and administer, a per-
pupil facilities aid program for charter schools in the State, that--
(a) Is specified in State law; and
(b) Provides annual financing, on a per-pupil basis, for charter
school facilities. (ESEA section 4304(k)(4)(B)(i)).
A State that is required under State law to provide charter schools
with access to adequate facility space, but that does not have a per-
pupil facilities aid program for charter schools specified in State
law, is eligible to receive a grant if the State agrees to use the
funds to develop a per-pupil facilities aid program consistent with the
requirements in this NIA. (ESEA section 4304(k)(4)(B)(ii))
5. Priorities: This notice includes two competitive preference
priorities. In accordance with 34 CFR 75.105(b)(2)(ii), these
priorities are from 34 CFR 226.14.
Competitive Preference Priorities: For FY 2025 and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, these priorities are competitive preference
priorities. We award up to an additional 6 points, depending on how
well an application meets Competitive Preference Priority 1, and 3
additional points to applicants that meet Competitive Preference
Priority 2.
These priorities are:
Competitive Preference Priority 1-- Capacity of Charter Schools to
Offer Public School Choice in Communities with the Greatest Need for
Choice (Up to 6 points).
To meet this priority, the applicant must demonstrate the capacity
of charter schools to offer public school choice in those communities
with the greatest need for this choice based on--
(a) The extent to which the applicant would target services to
geographic areas in which a large proportion or number of public
schools have been identified for comprehensive support and improvement
or targeted support and improvement under the ESEA;
(b) The extent to which the applicant would target services to
geographic areas in which a large proportion of students perform poorly
on State academic assessments; and
(c) The extent to which the applicant would target services to
communities with large proportions of low-income students.
Competitive Preference Priority 2-- Applicants that Have Not
Previously Received a SFIG Grant (0 or 3 points).
This priority is for applicants that have not previously received a
grant under the program.
6.a. Cost Sharing or Matching: Under section 4304(k)(2)(C) of the
ESEA, a State must provide a State share of the total cost of the
project. The minimum State share of the total cost of the project
[[Page 19691]]
increases each year of the grant, as follows:
10 percent in the first year
20 percent in the second year
40 percent in the third year
60 percent in the fourth year
80 percent in the fifth year
A State may partner with one or more organizations, and such
organizations may provide up to 50 percent of the State share of the
cost of establishing or enhancing, and administering, the per-pupil
facilities aid program. (ESEA section 4304(k)(2)(D)).
Note: Applicants that are provisionally selected to receive grants
will not receive grant funds unless they demonstrate before grant funds
are obligated that they are, or will be able to, provide the State
share required under this program.
b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Under section 4304(k)(3)(C) of the ESEA
(20 U.S.C. 7221c(k)(3)(C)), program funds must be used to supplement,
and not supplant, State and local public funds expended to provide per-
pupil facilities aid programs, operations financing programs, or other
programs, for charter schools. Therefore, the Federal funds provided
under this program, as well as the matching funds provided by the
grantee, must be in addition to the State and local funds that would
otherwise be used for this purpose in the absence of this Federal
program. The Department generally considers that State and local funds
would be available for this purpose at least in the amount of the funds
that was available in the preceding year and that the Federal funds and
matching funds under this program would supplement that amount.
c. Indirect Cost Rate Information: This program uses a restricted
indirect cost rate. For more information regarding indirect costs, or
to obtain a negotiated indirect cost rate, please see https://www.ed.gov/about/ed-offices/ofo#Indirect-Cost-Division.
d. Administrative Cost Limitation: State grantees may use up to
five percent of their grant award for administrative expenses that
include: indirect costs, evaluation, technical assistance,
dissemination, personnel costs, and any other costs involved in
administering the State's per-pupil facilities aid program. (34 CFR
226.22)
Charter school subgrantees may use grant funds for administrative
costs that are necessary and reasonable for the proper and efficient
performance and administration of this Federal grant. This use of
funds, as well as indirect costs and rates, must comply with EDGAR and
the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards in 2 CFR part 200 (Uniform Guidance),
as adopted and amended as regulations of the Department in 2 CFR part
3474.
Consistent with the requirements in 34 CFR 75.564(c)(2), any
charter school subgrantees that use grant funds for construction
activities may not be reimbursed for indirect costs for those
activities. (34 CFR 226.23)
7. Other: a. Build America, Buy America Act: This program is
subject to the Build America, Buy America Act (Pub. L. 117-58) domestic
sourcing requirements. Accordingly, under this program, grantees and
their subrecipients (subgrantees) and contractors may not use their
grant funds for infrastructure projects or activities (e.g.,
construction, remodeling, and broadband infrastructure) unless--
i. All iron and steel used in the infrastructure project or
activity are produced in the United States;
ii. All manufactured products used in the infrastructure project or
activity are produced in the United States; and
iii. All construction materials are manufactured in the United
States.
Grantees may request waivers to these requirements by submitting a
Build America, Buy America Act Waiver Request Form. For more
information, including a link to the Waiver Request Form, see the
Department's Build America Buy America Waiver website at: https://www2.ed.gov/policy/fund/guid/buy-america/index.html.
b. The charter schools that a grantee selects to benefit from this
program must meet the definition of ``charter school'' in section
4310(2) of the ESEA (20 U.S.C. 7221i(2)), which is included in this
notice.
8. Definitions:
The following definitions are from sections 4310(1), 4310(2),
4304(k)(1), and 8101(48) of the ESEA (20 U.S.C. 7221i(1), 7221i(2),
7221c(k)(1), 7801)), and 34 CFR 77.1(c).
Ambitious means promoting continued, meaningful improvement for
program participants or for other individuals or entities affected by
the grant or representing a significant advancement in the field of
education research, practices, or methodologies. When used to describe
a performance target, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
for that measure. (34 CFR 77.1)
Authorized public chartering agency means a State educational
agency, local educational agency, or other public entity that has the
authority pursuant to State law and approved by the Secretary to
authorize or approve a charter school. (Section 4310(1) of the ESEA)
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 in section 4310 of the ESEA;
(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;
(6) Does not charge tuition;
(7) Complies with the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 444 of the General Education Provisions Act (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 (20 U.S.C. 1411 et seq.);
(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 (20 U.S.C. 7221b(c)(3)(A)), 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
[[Page 19692]]
affiliated charter school and the enrolling school, admits students on
the basis of a lottery as described in paragraph (h)(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).
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).
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)
Per-pupil facilities aid program means a program in which a State
makes payments, on a per-pupil basis, to charter schools to provide the
schools with financing--
(1) That is dedicated solely to funding charter school facilities;
or
(2) A portion of which is dedicated for funding charter school
facilities. (section 4304(k)(1))
Public means as applied to an agency, organization, or institution
that the agency, organization, or institution is under the
administrative supervision or control of a government other than the
Federal Government. (34 CFR 77.1)
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)
9. Selection Criteria: The selection criteria for this program are
from 34 CFR 226.12. The maximum score for addressing all of the
selection criteria is 100 points. The maximum score for addressing each
criterion is indicated in parentheses and are as follows:
(a) Need for facility funding (30 points).
(1) The need for per-pupil charter school facility funding in the
State.
(2) The extent to which the proposal meets the need to fund charter
school facilities on a per-pupil basis.
(b) Quality of plan (40 points).
(1) The likelihood that the proposed grant project will result in
the State either retaining a new per-pupil facilities aid program or
continuing to enhance such a program without the total amount of
assistance (State and Federal) declining over a five-year period.
(2) The flexibility charter schools have in their use of facility
funds for the various authorized purposes.
(3) The quality of the plan for identifying charter schools and
determining their eligibility to receive funds.
(4) The per-pupil facilities aid formula's ability to target
resources to charter schools with the greatest need and the highest
proportions of students in poverty.
(5) For projects that plan to reserve funds for evaluation, the
quality of the applicant's plan to use grant funds for this purpose.
(6) For projects that plan to reserve funds for technical
assistance, dissemination, or personnel, the quality of the applicant's
plan to use grant funds for these purposes.
(c) The grant project team (10 points).
(1) The qualifications, including relevant training and experience,
of the project manager and other members of the grant project team,
including employees not paid with grant funds, consultants, and
subcontractors.
(2) The adequacy and appropriateness of the applicant's staffing
plan for the grant project.
(d) The budget (10 points).
(1) The extent to which the requested grant amount and the project
costs are reasonable in relation to the objectives, design, and
potential significance of the proposed grant project.
(2) The extent to which the costs are reasonable in relation to the
number of students served and to the anticipated results and benefits.
(3) The extent to which the non-Federal share exceeds the minimum
percentages (which are based on the percentages under section
4304(k)(2)(C) of the ESEA), particularly in the initial years of the
program.
(e) State Experience (10 points).
(1) The experience of the State in addressing the facility needs of
charter schools through various means, including providing per-pupil
aid and access to State loan or bonding pools.
10. Program Authority: Section 4304(k) of the ESEA (20 U.S.C.
7221c(k)).
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97,
98, and 99. (b) The Office of Management and Budget (OMB) 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 Guidance for Federal Financial Assistance
in 2 CFR part 200 (Uniform Guidance), as adopted and amended as
regulations of the Department in 2 CFR part 3474. (d) The regulations
for this program in 34 CFR part 226.
II. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on December 23, 2024 (89 FR 104528) and available at https://www.federalregister.gov/documents/2024/12/23/2024-30488/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the State Charter
School Facilities Incentive Grants Program, an application may include
business information that is considered proprietary. In 34 CFR 5.11, we
define
[[Page 19693]]
``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 (Predisclosure Notification
Procedures for Confidential Commercial Information), 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: We reference funding restrictions in the
Administrative Cost Limitation section of this notice. We reference
additional regulations outlining funding restrictions in the Applicable
Regulations section of this notice.
5. Notice of Intent to Apply: The Department will be able to review
grant applications more efficiently if we know the approximate number
of applicants that intend to apply. Therefore, we strongly encourage
each potential applicant to notify us of their intent to submit an
application. To do so, please email the program contact person listed
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to
Apply,'' and include the applicant's name and a contact person's name
and email address. Applicants that do not submit a notice of intent to
apply may still apply for funding; applicants that do submit a notice
of intent to apply are not bound to apply or bound by the information
provided.
6. Date of Pre-Application Webinar Information: The SFIG Program
intends to hold a webinar designed to provide technical assistance to
interested applicants. Detailed information regarding this webinar will
be provided on the SFIG Program web page at https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/state-charter-school-facilities-incentive-grants.
Note: For new potential grantees unfamiliar with grantmaking at the
Department, please consult our ``Getting Started with Discretionary
Grant Applications'' web page at https://www.ed.gov/grants-and-programs/apply-grant/getting-started-discretionary-grant-applications.
III. Application Review Information
1. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
Note: As described in 34 CFR 226.14(c), the Secretary may elect to
consider the points awarded under the competitive preference priorities
only for proposals that exhibit sufficient quality to warrant funding
under the selection criteria.
2. Risk Assessment and Specific Conditions: Before awarding grants
under this program the Department conducts a review of the risks posed
by applicants. The Secretary may impose specific conditions and, 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.
3. 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.
IV. 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 also may notify you
informally.
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
[[Page 19694]]
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. See the standards in
2 CFR 170.105 to determine whether you are covered by 2 CFR part 170.
(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. The
Secretary may also require more frequent performance reports. For
specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
5. Performance Measures: The Department has developed the following
performance measure for the purpose of Department reporting under 34
CFR 75.110:
(a) Program Performance Measures. (1) The ratio of funds leveraged
by States for charter school facilities to funds awarded by the
Department under the program. Grantees must provide information that is
responsive to this measure as part of their annual performance reports.
(2) In accordance with 34 CFR 75.110(b), applications must
describe:
(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.
(ii) The applicant's capacity to collect and report the quality of
the performance data, as evidenced by quality data collection,
analysis, and reporting in other projects or research.
(b) Project-Specific Performance Measures. Applicants must propose
project-specific performance measures and performance targets
consistent with the objectives of the proposed project. In accordance
with 34 CFR 75.110(c), applications must include the following:
(1) Project-specific performance measures. How each proposed
project-specific performance measure would: accurately measure the
performance of the project; be consistent with the program performance
measures established under paragraph (a) of this section; and be used
to inform continuous improvement of the project.
(2) Baseline data. (i) Why each proposed baseline is valid and
reliable, including an assessment of the quality data used to establish
the baseline; 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).
All grantees must submit an annual performance report with
information that is responsive to these performance measures.
6. 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.
Note: If applicants do not have experience with collection and
reporting of performance data through other projects or research, they
should provide other evidence of their capacity to successfully carry
out data collection and reporting for their proposed project.
7. Continuation Awards: In making a continuation award, 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.
8. Project Directors' Meeting: Applicants approved for funding
under this competition must attend a meeting for project directors at a
location to be determined in the continental United States during each
year of the project. Applicants may include the cost of attending this
meeting as an administrative cost in their proposed budgets.
9. Technical Assistance: Grantees under this competition must
participate in all program technical assistance offerings provided by
the Department and its contractual technical assistance providers and
partners throughout the life of the project.
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, compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other Department documents published in the
Federal Register, in text or Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access Department documents published in the Federal
Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Hayley B. Sanon,
Principal Deputy Assistant Secretary and Acting Assistant Secretary,
Office of Elementary and Secondary Education.
[FR Doc. 2025-08093 Filed 5-8-25; 8:45 am]
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