Notice2023-11874
Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)--Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-Quality Charter Schools (Developer Grants)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2023
Issuing agencies
Education Department
Abstract
The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2023 for two types of grants: CSP Developer Grants, Assistance Listing Numbers 84.282B (for the opening of new charter schools) and 84.282E (for the replication and expansion of high-quality charter schools). This notice relates to the approved information collection under OMB control number 1810-0767.
Full Text
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36544-36556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11874]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program (CSP)--Grants to Charter School
Developers for the Opening of New Charter Schools and for the
Replication and Expansion of High-Quality Charter Schools (Developer
Grants)
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for new awards for fiscal year (FY) 2023 for two
types of grants: CSP Developer Grants, Assistance Listing Numbers
84.282B (for the opening of new charter schools) and 84.282E (for the
replication and expansion of high-quality charter schools). This notice
relates to the approved information collection under OMB control number
1810-0767.
DATES:
Applications Available: June 5, 2023.
Notice of Intent to Apply: Applicants are strongly encouraged but
not required to submit a notice of intent to apply by June 30, 2023.
Applicants who do not meet this deadline may still apply.
Deadline for Transmittal of Applications: July 7, 2023.
Deadline for Intergovernmental Review: September 5, 2023.
Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar to provide technical assistance to
prospective applicants. Detailed information regarding this webinar
will be provided at <a href="https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/applicant-info-and-eligibility/">https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/applicant-info-and-eligibility/</a>.
Note: For new potential grantees unfamiliar with grantmaking at the
Department, please consult our grantmaking basics resource: <a href="https://www2.ed.gov/fund/grant/about/discretionary/index.html">https://www2.ed.gov/fund/grant/about/discretionary/index.html</a>.
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/
[[Page 36545]]
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: Porscheoy Brice, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970.
Telephone: 202-453-5563. Email: <a href="/cdn-cgi/l/email-protection#bcf8d9cad9d0d3ccd9ceffd3d1ccd9c8d5c8d5d3d28e8c8e8ffcd9d892dbd3ca"><span class="__cf_email__" data-cfemail="6f2b0a190a03001f0a1d2c00021f0a1b061b0600015d5f5d5c2f0a0b41080019">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The major purposes of the CSP are to expand
opportunities for all students, particularly for children with
disabilities,\1\ English learners, and other traditionally underserved
students, to attend charter schools and meet challenging State academic
standards; provide financial assistance for the planning, program
design, and initial implementation of charter schools; increase the
number of high-quality charter schools available to students across the
United States; evaluate the impact of charter schools on student
achievement, families, and communities; share best practices between
charter schools and other public schools; aid States in providing
facilities support to charter schools; and support efforts to
strengthen the charter school authorizing process (section 4301 of the
Elementary and Secondary Education Act of 1965, as amended by the Every
Student Succeeds Act (ESEA)).
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\1\ Terms defined in this notice are italicized the first time
each term is used.
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The CSP Developer Grant program (Assistance Listing Numbers 84.282B
and 84.282E) is authorized under title IV, part C of the ESEA (20
U.S.C. 7221-7221j). Through CSP Developer Grants, the Department
provides financial assistance to charter school developers to enable
them to open and prepare for the operation of new or replicated charter
schools or to expand high-quality charter schools in States that do not
currently have a CSP State Entity grant under the ESEA. Charter schools
that receive financial assistance through CSP Developer Grants provide
programs of elementary or secondary education, or both, and may also
serve students in early childhood education programs or postsecondary
students.
Background: This notice invites applications from eligible
applicants for two types of grants: (1) Grants to Charter School
Developers for the Opening of New Charter Schools (Assistance Listing
Number 84.282B) and (2) Grants to Charter School Developers for the
Replication and Expansion of High-Quality Charter Schools (Assistance
Listing Number 84.282E). Under this competition, each Assistance
Listing Number constitutes its own funding category. The Secretary
intends to award grants under each Assistance Listing Number for
applications that are sufficiently high quality.
On July 6, 2022, the Department published in the Federal Register a
notice of final priorities, requirements, definitions, and selection
criteria for this program (87 FR 40406) (2022 NFP), which supplements
the program statute and notice of final priorities, requirements,
definitions, and selection criteria for CSP Developer Grants published
in the Federal Register on July 3, 2019 (84 FR 31726) (2019 NFP). The
2022 NFP is intended to help ensure the creation, replication, and
expansion of high-quality charter schools that promote positive student
outcomes, educator and community empowerment, promising practices, and
school diversity. The 2022 NFP also promotes greater fiscal and
operational transparency and accountability for CSP-funded charter
schools. The priorities, application requirements, assurances,
selection criteria, and definitions in this notice are designed to
increase access to high-quality, diverse, and equitable learning
opportunities, which should be a goal of all public schools.
Further, in a January 2023 speech, the Secretary encouraged all
stakeholders to raise the bar in education. ``Raise the Bar: Lead the
World'' is the Department's call to action to transform P-12 education
and unite around evidence-based strategies that advance educational
equity and excellence for all students. When we raise the bar in
education, all our Nation's students will build the skills to thrive
inside and outside of school. The Department is focusing on six
strategies aimed at promoting academic excellence and wellness for
every learner and better preparing our Nation for global
competitiveness. This competition advances the call to raise the bar in
education, particularly promoting the focus area to ``achieve academic
excellence.''
Priorities: This competition includes one competitive preference
priority and one invitational priority. In accordance with 34 CFR
75.105(b)(2)(iv), the competitive preference priority is from the 2022
NFP.
The invitational priority is intended to encourage collaborations
between charter schools and traditional public schools or traditional
school districts that benefit students and families across schools.
Some of the most successful charter schools have collaborated with
traditional schools and districts. We believe that these types of
collaborations may improve outcomes for students in both charter
schools and traditional public schools, including by sharing
instructional materials, creating joint professional learning
opportunities, and developing principal pipeline programs. Using an
invitational priority allows the Department to encourage beneficial
collaborations without giving applications that meet this priority
preference over other applications.
Competitive Preference 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 a competitive preference
priority.
For Assistance Listing Numbers 84.282B and 84.282E, under 34 CFR
75.105(c)(2)(i), we will award up to an additional 5 points to an
application that meets the competitive preference priority, depending
on how well the application meets the priority.
The priority is:
Promoting High-Quality Educator- and Community-Centered Charter
Schools to Support Underserved Students (up to 5 points).
(a) Under this priority, an applicant must propose to open a new
charter school, or to replicate or expand a high-quality charter
school, that is developed and implemented--
(1) With meaningful and ongoing engagement with current or former
teachers and other educators; and
(2) Using a community-centered approach that includes an assessment
of community assets, informs the development of the charter school, and
includes the implementation of protocols and practices designed to
ensure that the charter school will use and interact with community
assets on an ongoing basis to create and maintain strong community
ties.
(b) In its application, an applicant must provide a high-quality
plan that demonstrates how its proposed project would meet the
requirements in paragraph (a) of this priority, accompanied by a
timeline for key milestones that span the course of planning,
development, and implementation of the charter school.
[[Page 36546]]
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.
The priority is:
Collaborations between Charter Schools and Traditional Public
Schools or Districts that Benefit Students and Families across Schools.
(a) The Secretary is particularly interested in funding
applications that propose a new collaboration, or the continuation of
an existing collaboration, with at least one traditional public school
or traditional school district that is designed to benefit students or
families served by at least one member of the collaboration, is
designed to lead to increased or improved educational opportunities for
students served by at least one member of the collaboration, and
includes implementation of one or more of the following--
(1) Co-developed or shared curricular and instructional resources
or academic course offerings.
(2) Professional development opportunities for teachers and other
educators, which may include professional learning communities,
opportunities for teachers to earn additional certifications, such as
in a high-need area or national board certification, and partnerships
with educator preparation programs to support teaching residencies.
(3) Evidence-based (as defined in section 8101 of the ESEA)
practices to improve academic performance for underserved students.
(4) Policies and practices to create safe, supportive, and
inclusive learning environments, such as systems of positive behavioral
intervention and support.
(5) Transparent enrollment and retention practices and processes
that include clear and consistent disclosure to families of policies or
requirements (e.g., discipline policies, purchasing and wearing
specific uniforms and other fees, or family participation), and any
services that are or are not provided, that could impact a family's
ability to enroll or remain enrolled in the school (e.g.,
transportation services or participation in the National School Lunch
Program).
(6) A shared transportation plan and system that reduces
transportation costs for at least one member of the collaboration and
takes into consideration various transportation options, including
public transportation and district-provided or shared transportation
options, cost-sharing or free or reduced-cost fare options, and any
distance considerations for prioritized bus services.
(7) A shared special education collaborative designed to address a
significant barrier or challenge faced by participating charter schools
or traditional public schools in improving academic and developmental
outcomes and services for students with disabilities (as defined in
section 8101 of the ESEA).
(8) A shared English learner collaborative designed to address a
significant barrier or challenge faced by participating charter schools
or traditional public schools in providing educational programs to
improve academic outcomes for English learners.
(9) Other collaborations, such as the sharing of innovative and
best practices, designed to address a significant barrier or challenge
faced by participating charter schools or traditional public schools in
providing educational programs to improve academic outcomes for all
students served by members of the collaboration.
(b) In its application, an applicant must provide a description of
the collaboration that--
(1) Describes each member of the collaboration and whether the
collaboration would be a new or existing commitment;
(2) States the purpose and duration of the collaboration;
(3) Describes the anticipated roles and responsibilities of each
member of the collaboration;
(4) Describes how the collaboration will benefit one or more
members of the collaboration, including how it will benefit students or
families affiliated with a member and lead to increased educational
opportunities for students, and meet specific and measurable, if
applicable, goals;
(5) Describes the resources members of the collaboration will
contribute; and
(6) Contains any other relevant information.
(c) Within 120 days of receiving a grant award or within 120 days
of the date the collaboration is scheduled to begin, whichever is
later, the grantee provides evidence of participation in the
collaboration (which may include, but is not required to include, a
memorandum of understanding).
Definitions:
The following definitions are from sections 4310 (20 U.S.C. 7221i)
and 8101 (20 U.S.C. 7801) of the ESEA, 34 CFR 77.1, and the 2019 and
2022 NFPs.
Ambitious means promoting continued, meaningful improvement for
program participants or for other individuals or entities affected by
the grant or representing a significant advancement in the field of
education research, practices, or methodologies. When used to describe
a performance target, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
for that measure. (34 CFR 77.1)
Authorized public chartering agency means a State educational
agency (SEA), local educational agency (LEA), or other public entity
that has the authority pursuant to State law and approved by the
Secretary to authorize or approve a charter school. (Section 4310(1) of
the ESEA)
Baseline means the starting point from which performance is
measured and targets are set. (34 CFR 77.1)
Charter management organization (CMO) means a nonprofit
organization that operates or manages a network of charter schools
linked by centralized support, operations, and oversight. (Section
4310(3) of the ESEA)
Charter school means a public school that--
(1) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempt from significant State or
local rules that inhibit the flexible operation and management of
public schools, but not from any rules relating to the other
requirements of this definition;
(2) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
(3) Operates in pursuit of a specific set of educational objectives
determined by the school's developer and agreed to by the authorized
public chartering agency;
(4) Provides a program of elementary or secondary education, or
both;
(5) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution; \2\
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\2\ The Department will apply this element of the definition of
``charter school'' consistent with applicable U.S. Supreme Court
precedent, including Trinity Lutheran Church of Columbia, Inc. v.
Comer, 137 S.Ct. 2012 (2017), Espinoza v. Montana Department of
Revenue, 140 S.Ct. 2246 (2020), and Carson v. Makin, 142 S.Ct. 1987
(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,
[[Page 36547]]
section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA
(20 U.S.C. 1232g) (commonly referred to as the ``Family Educational
Rights and Privacy Act of 1974''), and part B of the Individuals with
Disabilities Education Act (IDEA);
(8) Is a school to which parents choose to send their children, and
that--
(i) Admits students on the basis of a lottery, consistent with
section 4303(c)(3)(A) of the ESEA, if more students apply for admission
than can be accommodated; or
(ii) In the case of a school that has an affiliated charter school
(such as a school that is part of the same network of schools),
automatically enrolls students who are enrolled in the immediate prior
grade level of the affiliated charter school and, for any additional
student openings or student openings created through regular attrition
in student enrollment in the affiliated charter school and the
enrolling school, admits students on the basis of a lottery as
described in clause (i);
(9) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(10) Meets all applicable Federal, State, and local health and
safety requirements;
(11) Operates in accordance with State law;
(12) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(13) May serve students in early childhood education programs or
postsecondary students. (Section 4310(2) of the ESEA)
Child with a disability means--
(1) A child (i) with intellectual disabilities, hearing impairments
(including deafness), speech or language impairments, visual
impairments (including blindness), serious emotional disturbance
(referred to as ``emotional disturbance''), orthopedic impairments,
autism, traumatic brain injury, other health impairments, specific
learning disabilities, deaf-blindness, or multiple disabilities; and
(ii) who, by reason thereof, needs special education and related
services.
(2) For a child aged 3 through 9 (or any subset of that age range,
including ages 3 through 5), may, at the discretion of the State and
the LEA, include a child (i) experiencing developmental delays, as
defined by the State and as measured by appropriate diagnostic
instruments and procedures, in one or more of the following areas:
physical development; cognitive development; communication development;
social or emotional development; or adaptive development; and (ii) who,
by reason thereof, needs special education and related services.
(Section 8101(4) of the ESEA)
Community assets means resources that can be identified and
mobilized to improve conditions in the charter school and local
community. These assets may include--
(1) Human assets, including capacities, skills, knowledge base, and
abilities of individuals within a community; and
(2) Social assets, including networks, organizations, businesses,
and institutions that exist among and within groups and communities.
(2022 NFP)
Demonstrates a rationale means a key project component included in
the project's logic model is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes. (34 CFR 77.1)
Developer means an individual or group of individuals (including a
public or private nonprofit organization), which may include teachers,
administrators and other school staff, parents, or other members of the
local community in which a charter school project will be carried out.
(Section 4310(5) of the ESEA)
Disconnected youth means an individual, between the ages of 14 and
24, who may be from a low-income background, experiences homelessness,
is in foster care, is involved in the justice system, or is not working
or not enrolled in (or at risk of dropping out of) an educational
institution. (2022 NFP)
Early childhood education program means--
(1) A Head Start program or an Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant
or seasonal Head Start program, an Indian Head Start program, or a Head
Start program or an Early Head Start program that also receives State
funding;
(2) A State licensed or regulated childcare program;
(3) A program that--
(i) Serves children from birth through age 6 that addresses the
children's cognitive (including language, early literacy, and early
mathematics), social, emotional, and physical development; and
(ii) Is (A) a State prekindergarten program; (B) a program
authorized under section 619 (20 U.S.C. 1419) or part C of the IDEA; or
(C) a program operated by an LEA. (ESEA section 8101(16))
Educationally disadvantaged student means a student in one or more
of the categories described in section 1115(c)(2) of the ESEA, which
include children who are economically disadvantaged, students who are
children with disabilities, migrant students, English learners,
neglected or delinquent students, homeless students, and students who
are in foster care. (2019 NFP)
Educator means an individual who is an early learning educator,
teacher, principal or other school or district leader, specialized
instructional support personnel (e.g., school psychologist, counselor,
school social worker, early intervention service personnel),
paraprofessional, or faculty. (2022 NFP)
English learner, when used with respect to an individual, means an
individual--
(1) Who is aged 3 through 21;
(2) Who is enrolled or preparing to enroll in an elementary school
or secondary school;
(3)(i) Who was not born in the United States or whose native
language is a language other than English;
(ii)(A) Who is a Native American or Alaska Native, or a native
resident of the outlying areas; and
(B) Who comes from an environment where a language other than
English has had a significant impact on the individual's level of
English language proficiency; or
(iii) Who is migratory, whose native language is a language other
than English, and who comes from an environment where a language other
than English is dominant; and
(4) Whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny the
individual--
(i) The ability to meet the challenging State academic standards;
(ii) The ability to successfully achieve in classrooms where the
language of instruction is English; or
(iii) The opportunity to participate fully in society. (Section
8101(20) of the ESEA)
Expand, when used with respect to a high-quality charter school,
means to significantly increase enrollment or add one or more grades to
the high-quality
[[Page 36548]]
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)
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.
(5) A child or student with a disability.
(6) A disconnected youth.
(7) A migrant student.
(8) A student experiencing homelessness or housing insecurity.
(9) A student who is in foster care.
(10) A pregnant, parenting, or caregiving student.
(11) A student impacted by the justice system, including a formerly
incarcerated student.
(12) A student performing significantly below grade level. (2022
NFP)
Application Requirements:
Applications for CSP Developer Grant funds must address the
following application requirements. These requirements are from section
4303(f) \3\ of the ESEA and the 2019 and 2022 NFPs. The source of each
requirement is provided in parentheses following each requirement. The
Department will not fund an application that does not meet each
applicable application requirement.
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\3\ Under section 4305(c) of the ESEA, CSP Developer Grants must
have the same terms and conditions as grants awarded to State
entities under section 4303. For clarity, with respect to
requirements that derive from section 4303, the Department has, as
applicable, omitted the term ``State entity'' or replaced it with
``eligible applicant.'' In addition, the Department has replaced
``State entity's program'' and ``subgrant,'' respectively, with
``program'' and ``grant.''
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In addressing the application requirements, applicants must clearly
identify which application requirement they are addressing. Except as
otherwise provided, an applicant may choose to respond to each
requirement separately or in the context of the applicant's responses
to the selection criteria in section V.1 of this notice.
Grants to Charter School Developers for the Opening of New Charter
Schools (Assistance Listing Number 84.282B) and for the Replication and
Expansion of High-Quality Charter Schools (Assistance Listing Number
84.282E).
Applicants for grants under Assistance Listing Numbers 84.282B or
84.282E must address the following application requirements. An
applicant must respond to the requirements in paragraph (a) in a stand-
alone section of the application or in an appendix.
(a) Describe the eligible applicant's objectives in running a
quality charter school program and how the objectives of the program
will be carried out, including--
(1) How the eligible applicant will ensure that charter schools
receiving funds under this program meet the educational needs of their
students, including children with disabilities and English learners
(Section 4303(f)(1)(A)(x) of the ESEA);
(2) A description of the roles and responsibilities of eligible
applicants, partner organizations, and charter management
organizations, including the administrative and contractual roles and
responsibilities of such partners (Section 4303(f)(1)(C)(i)(I) of the
ESEA);
(3) 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 authorized public chartering agency involved will
reserve the right to revoke or not renew a school's charter based on
financial, structural, or operational factors involving the management
of the school (Section 4303(f)(1)(C)(i)(II) of the ESEA);
(4) A description of how the autonomy and flexibility granted to a
charter school is consistent with the definition of a charter school in
section 4310 of the ESEA (Section 4303(f)(1)(C)(i)(III) of the ESEA);
(5) 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 grant (Section 4303(f)(1)(C)(i)(IV) of the ESEA);
(6) A description of the eligible applicant's planned activities
and expenditures of grant funds to support the activities described in
section 4303(b)(1) of the ESEA, and how the eligible applicant will
maintain financial sustainability after the end of
[[Page 36549]]
the grant period (Section 4303(f)(1)(C)(i)(V) of the ESEA);
(7) 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 grant
(Section 4303(f)(1)(C)(i)(VI) of the ESEA); and
(8) A description of how the eligible applicant will ensure that
each charter school receiving funds under this program has considered
and planned for the transportation needs of the school's students
(Section 4303(f)(1)(E) of the ESEA).
(b) Describe the educational program that the applicant will
implement in the charter school receiving funding under this program,
including--
(1) Information on how the program will enable all students to meet
the challenging State academic standards;
(2) The grade levels or ages of students who will be served; and
(3) The instructional practices that will be used. (2019 NFP)
(c) Describe how the applicant will ensure that the charter school
that will receive funds will recruit, enroll, and retain students,
including educationally disadvantaged students, which include children
with disabilities and English learners. (2019 NFP)
(d) Describe the lottery and enrollment procedures that the
applicant will use for the charter school if more students apply for
admission than can be accommodated and, if the applicant proposes to
use a weighted lottery, how the weighted lottery complies with section
4303(c)(3)(A) of the ESEA. (2019 NFP)
(e) Provide a complete logic model (as defined in 34 CFR 77.1) for
the grant project. The logic model must include the applicant's
objectives for implementing a new charter school or replicating or
expanding a high-quality charter school with funding under this
competition. (2019 NFP)
(f) Provide a budget narrative, aligned with the activities, target
grant project outputs, and outcomes described in the logic model, that
outlines how grant funds will be expended to carry out planned
activities. (2019 NFP)
(g) If the applicant proposes to open a new charter school
(Assistance Listing Number 84.282B) or proposes to replicate or expand
a high-quality charter school (Assistance Listing Number 84.282E) that
provides a single-sex educational program, demonstrate that the
proposed single-sex educational programs are in compliance with the
title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.)
(``Title IX'') and its implementing regulations, including 34 CFR
106.34. (2019 NFP)
(h) Provide the applicant's most recent available independently
audited financial statements prepared in accordance with generally
accepted accounting principles. (2019 NFP)
(i) Provide--
(1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the eligible entity believes
are necessary for the successful operation of the charter school to be
opened or to be replicated or expanded; and
(2) A description of any State or local rules, generally applicable
to public schools, that will be waived or otherwise not apply to the
school that will receive funds. (2019 NFP)
(j) Describe how each school that will receive funds meets the
definition of charter school under section 4310(2) of the ESEA. (2019
NFP)
(k) For any existing or proposed contract with a for-profit
management organization (including a nonprofit management organization
operated by or on behalf of a for-profit entity), without regard to
whether the management organization or its related entities exercise
full or substantial administrative control over the charter school or
the CSP project, provide the following information or equivalent
information that the applicant has submitted to the authorized public
chartering agency--
(1) A copy of the existing contract with the for-profit management
organization or a description of the terms of the contract, including
the name and contact information of the management organization; the
cost (i.e., fixed costs and estimates of any ongoing costs), including
the amount of CSP funds proposed to be used toward such cost, and the
percentage such cost represents of the school's total funding; the
duration; roles and responsibilities of the management organization;
and steps the applicant will take to ensure that it pays fair market
value for any services or other items purchased or leased from the
management organization, makes all programmatic decisions, maintains
control over all CSP funds, and directly administers or supervises the
administration of the grant in accordance with 34 CFR 75.701;
(2) A description of any business or financial relationship between
the charter school developer and the management organization, including
payments, contract terms, and any property owned, operated, or
controlled by the management organization or related individuals or
entities that will be used by the charter school;
(3) The name and contact information for each member of the
governing board of the charter school and list of the management
organization's officers, chief administrator, and other administrators,
and any staff involved in approving or executing the management
contract; and a description of any actual or perceived conflicts of
interest, including financial interests, and how the applicant resolved
or will resolve any actual or perceived conflicts of interest to ensure
compliance with 2 CFR 200.318(c);
(4) A description of how the applicant will ensure that members of
the governing board of the charter school are not selected, removed,
controlled, or employed by the management organization and that the
charter school's legal, accounting, and auditing services will be
procured independently from the management organization);
(5) An explanation of how the applicant will ensure that the
management contract is severable, severing the management contract will
not cause the proposed charter school to close, the duration of the
management contract will not extend beyond the expiration date of the
school's charter, and renewal of the management contract will not occur
without approval and affirmative action by the governing board of the
charter school; and
(6) A description of the steps the applicant will take to ensure
that it maintains control over all student records and has a process in
place to provide those records to another public school or school
district in a timely manner upon the transfer of a student from the
charter school to another public school, including due to closure of
the charter school, in accordance with section 4308 of the ESEA (2022
NFP).
(l) Provide--
(1) The name and address of the authorized public chartering agency
that issued the applicant's approved charter or, in the case of an
applicant that has not yet received an approved charter, the authorized
public chartering agency to which the applicant has applied;
(2) A copy of the approved charter or, in the case of an applicant
that has not yet received an approved charter, a copy of the charter
application that was submitted to the authorized public chartering
agency, including the date the application was submitted, and an
estimated date by which the authorized public chartering agency will
issue its final decision on the charter application;
(3) Documentation that the applicant has provided notice to the
authorized
[[Page 36550]]
public chartering agency that it has applied for a CSP grant; and
(4) A proposed budget, including a detailed description of any
post-award planning costs and, for an applicant that does not yet have
an approved charter, any planning costs expected to be incurred prior
to the date the authorized public chartering agency issues a decision
on the charter application. (2022 NFP)
Grants for the Replication and Expansion of High-Quality Charter
Schools (Assistance Listing Number 84.282E).
In addition to the preceding application requirements, applicants
for grants under Assistance Listing Number 84.282E must--
(a) For each charter school currently operated or managed by the
applicant, provide--
(1) Information that demonstrates that the school is treated as a
separate school by its authorized public chartering agency and the
State, including for purposes of accountability and reporting under
title I, part A of the ESEA;
(2) Student assessment results for all students and for each
subgroup of students described in section 1111(c)(2) of the ESEA;
(3) Attendance and student retention rates for the most recently
completed school year and, if applicable, the most recent available
four-year adjusted cohort graduation rates and extended year adjusted
cohort graduation rates; and
(4) Information on any significant compliance and management issues
encountered within the last three school years by the existing charter
school being operated or managed by the eligible entity, including in
the areas of student safety and finance. (2019 NFP)
Assurances:
All applicants for CSP Developer Grants must provide the following
assurances. These assurances are from section 4303(f)(2) of the ESEA
and the 2022 NFP. The source of each assurance is provided in
parentheses following each assurance.
Applicants for funds under this program must provide assurances
that--
(a) Each charter school receiving funds through this program will
have a high degree of autonomy over budget and operations, including
autonomy over personnel decisions (Section 4303(f)(2)(A) of the ESEA);
(b) The eligible applicant will support charter schools in meeting
the educational needs of their students, as described in section
4303(f)(1)(A)(x) of the ESEA (Section 4303(f)(2)(B) of the ESEA); and
(c) The eligible applicant will ensure that each charter school
receiving funds under this program makes publicly available, consistent
with the dissemination requirements of the annual State report card
under section 1111(h) of the ESEA, including on the website of the
school, information to help parents make informed decisions about the
education options available to their children, including--
(i) Information on the educational program;
(ii) Student support services;
(iii) Parent contract requirements (as applicable), including any
financial obligations or fees;
(iv) Enrollment criteria (as applicable); and
(v) Annual performance and enrollment data for each of the
subgroups of students, as defined in section 1111(c)(2) of the ESEA,
except that such disaggregation of performance and enrollment data
shall not be required in a case in which the number of students in a
group is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student. (Section 4303(f)(2)(G) of the ESEA)
(d) Each applicant must provide an assurance that it has not and
will not enter into a contract with a for-profit management
organization, including a nonprofit management organization operated by
or on behalf of a for-profit entity, under which the management
organization or its related entities exercises full or substantial
administrative control over the charter school and, thereby, the CSP
project. (2022 NFP)
(e) Each applicant must provide an assurance that any management
contract between a charter school and a for-profit management
organization, including a nonprofit CMO operated by or on behalf of a
for-profit entity, guarantees or will guarantee that--
(1) The charter school maintains control over all CSP funds, makes
all programmatic decisions, and directly administers or supervises the
administration of the grant;
(2) The management organization does not exercise full or
substantial administrative control over the charter school (and,
thereby, the CSP project), except that this does not limit the ability
of a charter school to enter into a contract with a management
organization for the provision of services that do not constitute full
or substantial control of the charter school project funded under the
CSP (e.g., food or payroll services) and that otherwise comply with
statutory and regulatory requirements;
(3) The charter school's governing board has access to financial
and other data pertaining to the charter school, the management
organization, and any related entities; and
(4) The charter school is in compliance with applicable Federal and
State laws and regulations governing conflicts of interest, and there
are no actual or perceived conflicts of interest between the charter
school and the management organization. (2022 NFP)
(f) Each applicant must provide an assurance that it will post on
its website, on an annual basis, a copy of any management contract
between the charter school and a for-profit management organization,
including a nonprofit management organization operated by or on behalf
of a for-profit entity, and report information on such contract to the
Department, including--
(1) A copy of the existing contract with the for-profit management
organization or description of the terms of the contract, including the
name and contact information of the management organization; the cost
(i.e., fixed costs and estimates of any ongoing costs), including the
amount of CSP funds proposed to be used toward such costs, and the
percentage such cost represents of the charter school's total funding;
the duration, roles and responsibilities of the management
organization; the steps the charter will take to ensure that it pays
fair market value for any services or other items purchased or leased
from the management organization; and the steps the charter school is
taking to ensure that it makes all programmatic decisions, maintains
control over all CSP funds, and directly administers or supervises the
administration of the grant in accordance with 34 CFR 75.701;
(2) A description of any business or financial relationship between
the charter school developer or CMO and the management organization,
including payments, contract terms, and any property owned, operated,
or controlled by the management organization or related individuals or
entities to be used by the charter school;
(3) The names and contact information for each member of the
governing boards of the charter school and a list of management
organization's officers, chief administrator, and other administrators,
and any staff involved in approving or executing the management
contract; and a description of any actual or perceived conflicts of
interest, including financial interests, and how the applicant resolved
or will resolve any actual or perceived conflicts of
[[Page 36551]]
interest to ensure compliance with 2 CFR 200.318(c); and
(4) A description of how the charter school ensured that such
contract is severable and that a change in management companies will
not cause the proposed charter school to close. (2022 NFP)
(g) Each applicant must provide an assurance that it will disclose,
as part of the enrollment process, any policies and requirements (e.g.,
purchasing and wearing specific uniforms and other fees, or
requirements for family participation), and any services that are or
are not provided, that could impact a family's ability to enroll or
remain enrolled in the school (e.g., transportation services or
participation in the National School Lunch Program). (2022 NFP)
(h) Each applicant must provide an assurance that it will hold or
participate in a public hearing in the local community in which the
proposed charter school would be located to obtain information and
feedback regarding the potential benefit of the charter school, which
shall at least include how the proposed charter school will increase
the availability of high-quality public school options for underserved
students, promote racial and socio-economic diversity in such community
or have an educational mission to serve primarily underserved students,
and not increase racial or socioeconomic segregation or isolation in
the school districts from which students would be drawn to attend the
charter school (consistent with applicable laws). Applicants must
ensure that the hearing (and notice thereof) is accessible to
individuals with disabilities and limited English proficient
individuals as required by law, actively solicit participation in the
hearing (i.e., provide widespread and timely notice of the hearing),
make good faith efforts to accommodate as many people as possible
(e.g., hold the hearing at a convenient time for families or provide
virtual participation options), and submit a summary of the comments
received as part of the application. The hearing may be conducted as
part of the charter authorizing process, provided it meets the
requirements above. (2022 NFP)
(i) Each applicant must provide an assurance that it will not use
any implementation funds for a charter school until after the charter
school has received a charter from an authorized public chartering
agency and has a contract, lease, mortgage, or other documentation
indicating that it has a facility in which to operate. Consistent with
sections 4303(b)(1), 4303(h)(1)(B), and 4310(6) of the ESEA, an
eligible applicant may use CSP planning funds for post-award planning
and design of the educational program of a proposed new or replicated
high-quality charter school that has not yet opened, which may include
hiring and compensating teachers, school leaders, and specialized
instructional support personnel; providing training and professional
development to staff; and other critical planning activities that need
to occur prior to the charter school opening when such costs cannot be
met from other sources. (2022 NFP)
Note: The Department recognizes that the charter approval process
may exceed the 18-month planning period for CSP grants, as prescribed
under section 4303(d)(1)(B) of the ESEA. In such a case, applicants may
request approval from the Department to amend their application to
request an extension of the 18-month planning period. Under section
4303(d)(5) of the ESEA, the Secretary, in his discretion, may waive any
statutory or regulatory requirement over which he exercises
administrative authority, except the requirements related to the
definition of ``charter school'' in section 4310(2) of the ESEA,
provided that the waiver is requested in an approved application and
the Secretary determines that granting the waiver will promote the
purposes of the CSP. A grantee also may request approval from the
Department, as appropriate, to amend its approved application and
budget to cover additional planning costs that it may incur due to an
unexpected delay in the charter approval process.
Program Authority: Title IV, part C of the ESEA, as amended.
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The 2019 and 2022 NFPs.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $4,000,000.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in subsequent years from
the list of unfunded applications from this competition.
Estimated Range of Awards: $200,000 to $400,000 per year.
Estimated Average Size of Awards: $300,000 per year.
Maximum Award: See Reasonable and Necessary Costs in section III.4
for information regarding the maximum amount of funds that may be
awarded per charter school.
Estimated Number of Awards: 8-10.
Note: The Department is not bound by any estimates in this notice.
The estimated range and average size of awards are based on a single
12-month budget period. We may use available funds to support multiple
12-month budget periods for one or more grantees.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants:
Eligible applicants are developers that have--
(a) Applied to an authorized public chartering authority to operate
a charter school; and
(b) Provided adequate and timely notice to that authority. (Section
4310(6) of the ESEA).
Additionally, the charter school must be located in a State with a
State statute specifically authorizing the establishment of charter
schools (as defined in section 4310(2) of the ESEA) and in which a
State entity currently does not have a CSP State Entity grant
(Assistance Listing Number 84.282A) under section 4303 of the ESEA.\4\
(Section 4305(a)(2) of the ESEA).
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\4\ States in which a State entity currently has an approved CSP
State Entity grant application under section 4303 of the ESEA that
is actively running subgrant competitions are Alabama, Arizona,
Arkansas, California, Colorado, 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. We will not consider applications from applicants in
these States under either Assistance Listing Number 84.282B or
84.282E.
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As a general matter, the Secretary considers charter schools that
have been in operation for more than five years to be past the initial
implementation phase and, therefore, ineligible to receive CSP funds
under Assistance Listing Number 84.282B to support the opening of a new
charter school or under Assistance Listing Number 84.282E for the
replication of a high-quality charter
[[Page 36552]]
school; however, such schools may receive CSP funds under Assistance
Listing Number 84.282E for the expansion of a high-quality charter
school.
Note: If you are a nonprofit organization, under 34 CFR 75.51, you
may demonstrate your nonprofit status by providing: (1) proof that the
Internal Revenue Service currently recognizes the applicant as an
organization to which contributions are tax deductible under section
501(c)(3) of the Internal Revenue Code; (2) a statement from a State
taxing body or the State attorney general certifying that the
organization is a nonprofit organization operating within the State and
that no part of its net earnings may lawfully benefit any private
shareholder or individual; (3) a certified copy of the applicant's
certificate of incorporation or similar document if it clearly
establishes the nonprofit status of the applicant; or (4) any item
described above if that item applies to a State or national parent
organization, together with a statement by the State or parent
organization that the applicant is a local nonprofit affiliate; or (5)
for an entity that holds a sincerely held religious belief that it
cannot apply for a determination as an entity that is tax-exempt under
section 501(c)(3) of the Internal Revenue Code, evidence sufficient to
establish that the entity would otherwise qualify as a nonprofit
organization under (1) through (4) above.
2. a. Cost Sharing or Matching: This competition does not require
cost sharing or matching.
b. Supplement-Not-Supplant: This competition does not involve
supplement-not-supplant funding requirements.
c. Indirect Cost Rate Information: This program uses an
unrestricted indirect cost rate. For more information regarding
indirect costs, or to obtain a negotiated indirect cost rate, please
see <a href="http://www2.ed.gov/about/offices/list/ocfo/intro.html">www2.ed.gov/about/offices/list/ocfo/intro.html</a>.
d. Administrative Cost Limitation: This program does not include
any program-specific limitation on administrative expenses. All
administrative expenses must be reasonable and necessary and conform to
the Cost Principles described in 2 CFR part 200 subpart E of the
Uniform Guidance.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
4. Reasonable and Necessary Costs: The Secretary may elect to
impose maximum limits on the amount of grant funds that may be awarded
for a new charter school, or replicated, or expanded, high-quality
charter school.
For this competition, the maximum limit of grant funds that may be
awarded for a new, replicated, or expanded charter school is
$2,000,000.
In accordance with 2 CFR 200.404, applicants must ensure that all
costs included in the proposed budget are reasonable and necessary in
light of the goals and objectives of the proposed project. Any costs
determined by the Secretary to be unreasonable or unnecessary will be
removed from the final approved budget.
5. Other CSP Grants: A charter school that previously has received
CSP funds for replication or expansion or for planning or initial
implementation of a charter school under Assistance Listing Number
84.282A or 84.282M (under the ESEA) may not use funds under this grant
for the same purpose. However, such charter school may be eligible to
receive funds under this competition to expand the charter school
beyond the existing grade levels or student count and beyond the grade
levels or projected student count provided in the previous CSP award.
Likewise, a charter school that receives funds under this
competition is ineligible to receive funds for the same purpose under
section 4303(b)(1) or 4305(b) of the ESEA, including opening and
preparing for the operation of a new charter school, opening and
preparing for the operation of a replicated high-quality charter
school, or expanding a high-quality charter school (i.e., Assistance
Listing Number 84.282A or 84.282M).
6. Build America, Buy America Act: This program is not subject to
the Build America, Buy America Act (Pub. L. 117-58) domestic sourcing
requirements.
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on December 7, 2022 (87 FR 75045), and available at <a href="https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs">https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs</a>, which contain requirements and information on how to
submit an application. 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 this competition,
your application may include business information that you consider
proprietary. In 34 CFR 5.11, we define ``business information'' and
describe the process we use in determining whether any of that
information is proprietary and, thus, protected from disclosure under
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as
amended). Because we plan to make successful applications available to
the public, you may wish to request confidentiality of business
information.
Consistent with Executive Order 12600, please designate in your
application any information that you believe is exempt from disclosure
under Exemption 4. In the appropriate Appendix section of your
application, under ``Other Attachments Form,'' please list the page
number or numbers on which we can find this information. For additional
information please see 34 CFR 5.11(c).
3. Intergovernmental Review: This competition is subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
Information about Intergovernmental Review of Federal Programs under
Executive Order 12372 is in the application package for this
competition.
4. Funding Restrictions: Grantees must use the grant funds to open
and prepare for the operation of a new charter school, to open and
prepare for the operation of a replicated high-quality charter school,
or to expand a high-quality charter school, as applicable. Grant funds
must be used to carry out allowable activities, described in section
4303(h) of the ESEA, which include the following:
(a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
(1) Providing professional development; and
(2) Hiring and compensating, during the eligible applicant's
planning period specified in the application for funds, one or more of
the following:
(i) Teachers.
(ii) School leaders.
(iii) Specialized instructional support personnel.
(b) Acquiring supplies, training, equipment (including technology),
and educational materials (including developing and acquiring
instructional materials).
(c) Carrying out necessary renovations to ensure that a new school
building complies with applicable statutes and regulations, and minor
facilities repairs (excluding construction).
[[Page 36553]]
(d) Providing one-time, startup costs associated with providing
transportation to students to and from the charter school.
(e) Carrying out community engagement activities, which may include
paying the cost of student and staff recruitment.
(f) Providing for other appropriate, non-sustained costs related to
the opening of new charter schools, or the replication or expansion of
high-quality charter schools, as applicable, when such costs cannot be
met from other sources.
A grant awarded by the Secretary under this competition may be for
a period of not more than 5 years, of which the grantee may use not
more than 18 months for planning and program design. (Section
4303(d)(1)(B) of the ESEA). Applicants may propose to support only one
charter school per grant application.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
5. Recommended Page Limit and English Language Requirement: The
project narrative is where you, the applicant, address the priority,
selection criteria, and application requirements that peer reviewers
use to evaluate your application. We recommend that you (1) limit the
project narrative to no more than 50 pages, and (2) use the following
standards:
<bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
<bullet> Double-space (no more than three lines per vertical inch)
all text in the project narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
<bullet> Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
<bullet> Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
Applications must be in English, and peer reviewers will only
consider supporting documents submitted with the application that are
in English.
The recommended page limit does not apply to the cover sheet; the
budget section, including the narrative budget justification; the
assurances and certifications; or the one-page abstract, the resumes,
the bibliography, or the letters of support. However, the recommended
page limit does apply to all of the project narrative.
6. Notice of Intent to Apply: The Department will be able to review
grant applications more efficiently if we know the approximate number
of applicants that intend to apply. Therefore, we strongly encourage
each potential applicant to notify us of their intent to submit an
application. To do so, please email the program contact person listed
under (FOR FURTHER INFORMATION CONTACT) with the subject line ``Intent
to Apply,'' and include the applicant's name, a contact person's name
and email address, and the Assistance Listing Number. Applicants that
do not submit a notice of intent to apply may still apply for funding.
V. Application Review Information
1. Selection Criteria: The selection criteria for applicants
submitting applications under Assistance Listing Numbers 84.282B and
84.282E are listed in paragraphs (a) and (b) of this section,
respectively. The maximum possible score for addressing all the
selection criteria is 100 points. The maximum possible score for
addressing each criterion is indicated in parentheses following the
criterion. These selection criteria are from the 2019 and 2022 NFPs and
34 CFR 75.210.
In evaluating an application for a CSP Developer Grant, the
Secretary considers the following criteria:
(a) Selection Criteria for Grants for the Opening of New Charter
Schools (Assistance Listing Number 84.282B).
(1) Quality of the Charter School's Management Plan (up to 40
points).
The Secretary considers the quality of the management plan for the
proposed project. In determining the quality of the management plan for
the proposed project, the Secretary considers the following factors:
(i) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (up to 10 points). (34 CFR 75.210(g)(2)(i))
(ii) The extent to which the costs are reasonable in relation to
the objectives, design, and potential significance of the proposed
project (up to 5 points). (34 CFR 75.210(f)(2)(iv))
(iii) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed project
(up to 5 points). (34 CFR 75.210(g)(2)(iv))
(iv) The qualifications, including relevant training and
experience, of key project personnel (up to 5 points). (34 CFR
75.210(e)(3)(ii))
(v) The adequacy of the applicant's plan to maintain control over
all CSP grant funds (up to 5 points). (2022 NFP)
(vi) The adequacy of the applicant's plan to make all programmatic
decisions (up to 5 points). (2022 NFP)
(vii) The adequacy of the applicant's plan to administer or
supervise the administration of the grant, including maintaining
management and oversight responsibilities over the grant (up to 5
points). (2022 NFP)
(2) Quality of the Continuation Plan (up to 20 points).
In determining the quality of the continuation plan, the Secretary
considers the extent to which the eligible applicant is prepared to
continue to operate the charter school that would receive grant funds
in a manner consistent with the eligible applicant's application once
the grant funds under this program are no longer available. (2019 NFP)
(3) Quality of the Project Design (up to 10 points).
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(i) The extent to which the proposed project demonstrates a
rationale (as defined in 34 CFR 77.1(c)) (up to 5 points). (34 CFR
75.210(c)(2)(xxix))
(ii) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable
(up to 5 points). (34 CFR 75.210(c)(2)(i))
(4) Need for Project (up to 30 points).
The Secretary considers the need for the proposed project. In
determining the need for the proposed project, the Secretary considers
one or more of the following factors:
(i) The magnitude or severity of the problem to be addressed by the
proposed project (up to 15 points). (34 CFR 75.210(a)(2)(i))
(ii) The magnitude of the need for the services to be provided or
the activities to be carried out by the proposed project (up to 15
points). (34 CFR 75.210(a)(2)(ii))
(b) Selection Criteria for Grants for the Replication and Expansion
of High-Quality Charter Schools (Assistance Listing Number 84.282E).
(1) Quality of the Eligible Applicant (up to 20 points).
In determining the quality of the eligible applicant, the Secretary
considers the following factors:
(i) The extent to which the academic achievement results (including
annual student performance on statewide assessments and annual student
attendance and retention rates and
[[Page 36554]]
where applicable and available, student academic growth, high school
graduation rates, postsecondary enrollment and persistence rates,
including in college or career training programs, employment rates,
earnings and other academic outcomes) for educationally disadvantaged
students served by the charter schools operated or managed by the
applicant have exceeded the average academic achievement results for
such students served by other public schools in the State (up to 5
points). (2019 NFP)
(ii) The extent to which one or more charter schools operated or
managed by the applicant have closed; have had a charter revoked due to
noncompliance with statutory or regulatory requirements; or have had
their affiliation with the applicant revoked or terminated, including
through voluntary disaffiliation (up to 5 points). (2019 NFP)
(iii) The extent to which one or more charter schools operated or
managed by the applicant have had any significant issues in the area of
financial or operational management or student safety, or have
otherwise experienced significant problems with statutory or regulatory
compliance that could lead to revocation of the school's charter (up to
5 points). (2019 NFP)
(iv) The extent to which the schools operated or managed by the
applicant demonstrate strong results on measurable outcomes in non-
academic areas such as, but not limited to, parent satisfaction, school
climate, student mental health, civic engagement, and crime prevention
and reduction (up to 5 points). (2019 NFP)
(2) Quality of the Charter School's Management Plan (up to 35
points).
The Secretary considers the quality of the management plan for the
proposed project. In determining the quality of the management plan for
the proposed project, the Secretary considers the following factors:
(i) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (up to 5 points). (34 CFR 75.210(g)(2)(i))
(ii) The extent to which the costs are reasonable in relation to
the objectives, design, and potential significance of the proposed
project (up to 5 points). (34 CFR 75.210(f)(2)(iv))
(iii) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed project
(up to 5 points). (34 CFR 75.210(g)(2)(iv))
(iv) The qualifications, including relevant training and
experience, of key project personnel (up to 5 points). (34 CFR
75.210(e)(3)(ii))
(v) The adequacy of the applicant's plan to maintain control over
all CSP grant funds (up to 5 points). (2022 NFP)
(vi) The adequacy of the applicant's plan to make all programmatic
decisions (up to 5 points). (2022 NFP)
(vii) The adequacy of the applicant's plan to administer or
supervise the administration of the grant, including maintaining
management and oversight responsibilities over the grant (up to 5
points). (2022 NFP)
(3) Quality of the Continuation Plan (up to 10 points).
In determining the quality of the continuation plan, the Secretary
considers the extent to which the eligible applicant is prepared to
continue to operate the charter school that would receive grant funds
in a manner consistent with the eligible applicant's application once
the grant funds under this program are no longer available. (2019 NFP)
(4) Quality of the Project Design (up to 10 points).
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(i) The extent to which the proposed project demonstrates a
rationale (as defined in 34 CFR 77.1(c)) (up to 5 points). (34 CFR
75.210(c)(2)(xxix))
(ii) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable
(up to 5 points). (34 CFR 75.210(c)(2)(i))
(5) Need for Project (up to 25 points).
The Secretary considers the need for the proposed project. In
determining the need for the proposed project, the Secretary considers
one or more of the following factors:
(i) The magnitude or severity of the problem to be addressed by the
proposed project (up to 15 points). (34 CFR 75.210(a)(2)(i))
(ii) The magnitude of the need for the services to be provided or
the activities to be carried out by the proposed project (up to 10
points). (34 CFR 75.210(a)(2)(ii))
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
5. In General: In accordance with the Office of Management and
Budget's
[[Page 36555]]
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. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to <a href="http://www.ed.gov/fund/grant/apply/appforms/appforms.html">www.ed.gov/fund/grant/apply/appforms/appforms.html</a>.
(c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
5. Performance Measures: (a) For the purposes of Department
reporting under 34 CFR 75.110 the Secretary has established two
performance indicators: (1) the number of charter schools in operation
around the Nation and (2) the percentage of fourth- and eighth-grade
charter school students who are achieving at or above the proficient
level on State assessments in mathematics and reading/language arts.
Additionally, the Secretary has established the following measure to
examine the efficiency of the CSP: The Federal cost per student in
implementing a successful school (defined as a school in operation for
three or more consecutive years).
(b) Project-Specific Performance Measures. Applicants must propose
project-specific performance measures and performance targets
consistent with the objectives of the proposed project. Applications
must provide the following information as directed under 34 CFR
75.110(b) and (c):
(1) Performance measures. How each proposed performance measure
would accurately measure the performance of the project and how the
proposed performance measure would be consistent with the performance
measures established for the program funding the competition.
(2) Baseline data. (i) Why each proposed baseline is valid; or (ii)
if the applicant has determined that there are no established baseline
data for a particular performance measure, an explanation of why there
is no established baseline and how and when, during the project period,
the applicant would establish a valid baseline for the performance
measure.
(3) Performance targets. Why each proposed performance target is
ambitious yet achievable compared to the baseline for the performance
measure and when, during the project period, the applicant would meet
the performance target(s).
(4) Data collection and reporting. (i) The data collection and
reporting methods the applicant would use and why those methods are
likely to yield reliable, valid, and meaningful performance data; and
(ii) the applicant's capacity to collect and report reliable, valid,
and meaningful performance data, as evidenced by high-quality data
collection, analysis, and reporting in other projects or research.
All grantees must submit an annual performance report with
information that is responsive to these performance measures.
6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things, whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, whether
the grantee has made substantial progress in achieving the performance
targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
7. Project Directors' Meeting: Applicants approved for funding
under this competition must attend a meeting for project directors
either virtually or at
[[Page 36556]]
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 performance period.
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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site, you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
James F. Lane,
Principal Deputy Assistant Secretary, Delegated the Authority to
Perform the Functions and Duties of the Assistant Secretary, Office of
Elementary and Secondary Education.
[FR Doc. 2023-11874 Filed 6-2-23; 8:45 am]
BILLING CODE 4000-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.