Notice2025-08092
Application for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State Entities (State Entity 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
May 9, 2025
Issuing agencies
Education Department
Abstract
The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2025 for CSP Grants to State Entities.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19694-19705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08092]
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DEPARTMENT OF EDUCATION
Application for New Awards; Expanding Opportunity Through Quality
Charter Schools Program (CSP)--Grants to State Entities (State Entity
Grants)
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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[[Page 19695]]
SUMMARY: The Department of Education is issuing a notice inviting
applications for fiscal year (FY) 2025 for CSP Grants to State
Entities.
DATES:
Applications Available: May 9, 2025.
Application Deadline: June 9, 2025.
Deadline for Intergovernmental Review: August 7, 2025.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to the Application Submission Instructions
section.
FOR FURTHER INFORMATION CONTACT: Sareeta Schmitt, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970.
Telephone: (202) 205-0730. Email: <a href="/cdn-cgi/l/email-protection#b8ebfde7fbd7d5c8ddccd1ccd1d7d6f8dddc96dfd7ce"><span class="__cf_email__" data-cfemail="6536203a260a081500110c110c0a0b2500014b020a13">[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
1. Purpose of Program: Through CSP State Entity grants, the
Department awards grants on a competitive basis to State entities \1\
that, in turn, award subgrants to eligible applicants for the purpose
of opening new charter schools and replicating and expanding high-
quality charter schools.
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\1\ Defined terms are italicized the first time they are used.
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This program provides financial assistance to State entities to
support charter schools that serve elementary and secondary school
students in States with a State statute specifically authorizing the
establishment of charter schools. Charter schools receiving funds under
this program may also serve students in early childhood education
programs or postsecondary students.
Assistance Listing Number: 84.282A.
OMB Control Number: 1810-0767.
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 submission All interested applicants must submit
deadline. applications in <a href="http://Grants.gov">Grants.gov</a> no later than
11:59 p.m. Eastern time on June 9, 2025.
Complete instructions on how to register
and apply can be found at <a href="http://Grants.gov">Grants.gov</a>.
Eligibility.................. State entities with a State statute
Additional information on specifically authorizing the
eligibility, including a establishment of charter schools are
list of eligible States eligible to apply.
under this competition, is No State entity may receive a grant under
available in the Eligible this program for use in a State in which
Applicants for Grants a State entity is currently using a
section below. grant received under this program.
``State entity'' means--
(a) A State educational agency;
(b) A State charter school board;
(c) A Governor of a State; or
(d) A charter school support
organization.
Funding...................... Estimated Available Funds: $107,000,000.
Estimated Range of Awards: $2,000,000 to
$20,000,000 per year.
Estimated Average Size of Awards:
$9,000,000 per year.
Estimated Number of Awards: 4-6.
The Department is not bound by any
estimates in this notice.
Absolute Priority (AP)....... This notice includes one AP. We consider
The full text of the AP is in for funding only applications that meet
the Priorities section below. the AP.
AP: Best Practices for Charter School
Authorizers.
Competitive Preference This notice includes five CPPs. We award
Priorities (CPPs). additional points to an application that
The full text of the CPPs is addresses the CPPs. Responding to the
in the Priorities section CPPs is optional.
below. 1. At Least One Authorized Public
Chartering Agency Other than a Local
Educational Agency, or an Appeals
Process (0 or 1 point).
2. Equitable Financing (up to 2 points).
3. Best Practices to Improve Struggling
Schools and LEAs (up to 2 points).
4. Charter School Facilities (up to 2
points).
5. Serving At-Risk Students (up to 3
points).
Invitational Priority (IP)... This notice includes one IP. We are
The full text of the IP is in particularly interested in applications
the Priorities section below. that meet the IP but do not give them
competitive or absolute preference over
others. Responding to the IP is
optional.
IP: Encouraging Innovative Charter School
Models.
Application Requirements..... Applicants are required to address all
application requirements in this notice.
Requests for Waiver.......... Applicants may include in their
applications a request and justification
for a waiver of any Federal statutory or
regulatory requirements over which the
Secretary exercises authority, except
for requirements in the definition of
``charter school'' under the CSP.
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) Quality of the Project Design (30
points).
(b) Quality of Eligible Applicants
Receiving Subgrants (15 points).
(c) State Plan (35 points).
(d) Quality of the Management Plan (up to
20 points).
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2. Award Information.
Type of Award: Discretionary grants.
Estimated Available Funds: $107,000,000. Contingent upon the
availability of funds and the quality of applications, we may make
additional awards in subsequent years from the list
[[Page 19696]]
of unfunded applications from this competition.
Estimated Range of Awards: $2,000,000 to $20,000,000 per year.
Estimated Average Size of Awards: $9,000,000 per year.
Maximum Award: See section II.3(a) of this notice, Reasonable and
Necessary Costs, for information regarding the maximum amount of funds
that State entities may award for each charter school receiving
subgrant funds.
Estimated Number of Awards: 4-6.
Note: The Department is not bound by any estimates in this notice.
The estimated range and average size of awards are based on a single
12-month budget period. We may use FY 2025 funds to support multiple
12-month budget periods for one or more grantees.
Project Period: Up to 60 months.
3. Eligible Applicants for Grants: State entities in States with a
specific State statute authorizing the granting of charters to schools.
Under section 4303(e)(1) of the Elementary and Secondary Education
Act of 1965, as amended (ESEA), no State entity may receive a grant
under this competition for use in a State in which a State entity is
currently using a CSP State Entity grant.
State entities located in States in which a State entity has a
current CSP State Entity grant that is not in its final budget period,
or that is in its final budget period, but the grantee plans to request
a one-time no-cost extension in accordance with 34 CFR 75.261 and 2 CFR
200.308(g)(2) \2\ (i.e., Arizona, California, Colorado, Connecticut,
District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana,
Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri,
New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Texas, Utah, West Virginia, and Wisconsin),
are ineligible to apply for a CSP State Entity grant under this
competition.
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\2\ Under 34 CFR 75.261, a grantee may extend the project period
of an award one time for up to 12 months without the prior approval
of the Department if the grantee meets the requirements for
extension in 2 CFR 200.308(g)(2), and Department statutes,
regulations, and the terms of the award do not prohibit the
extension.
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State entities located in States in which a State entity has a
current CSP State Entity grant that is operating under a no-cost
extension (i.e., Alabama, Arkansas, Delaware, New Hampshire, and
Washington), or that is not operating under a no-cost extension but is
in its final budget period and has notified the Department that it does
not intend to request a no-cost extension (i.e., Nevada), however, are
eligible to apply for a CSP State Entity grant under this competition.
The Department will accept applications from current State entity
grantees located in these States as well as from State entities located
in these States that do not have current grants.
If multiple State entities in a State submit applications that
receive high enough scores to be recommended for funding under this
competition, only the highest scoring application among such State
entities will be funded.
Note: Charter school developers in a State in which no State entity
has an approved State Entity grant application under section 4303 of
the ESEA may apply for funding directly from the Department under the
CSP Grants to Charter School Developers for the Opening of New Charter
Schools and for the Replication and Expansion of High-Quality Charter
Schools (Developer) (ALN numbers 84.282B and 84.282E) program.
Additional information about the CSP Developer program is available at
<a href="https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/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">https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/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</a>.
4. Priorities This notice includes one absolute priority, five
competitive preference priorities, and one invitational priority. In
accordance with 34 CFR 75.105(b)(2)(iv), the absolute priority and
competitive preference priorities are from section 4303(g)(2) of the
ESEA (20 U.S.C. 7221b(g)(2)).
Absolute Priority: For FY 2025, and any subsequent year in which we
make awards from the list of unfunded applications from this
competition, this priority is an absolute priority. We consider only
applications that meet the absolute priority.
This priority is:
Best Practices for Charter School Authorizers.
To meet this priority, the State entity must demonstrate that it
has taken steps to ensure that all authorized public chartering
agencies \3\ implement best practices for charter school
authorizing.\4\
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\3\ Although section 4303(g)(2)(F) of the ESEA uses the term
``authorizing public chartering agencies,'' consistent with section
4310(1), the correct term is ``authorized public chartering
agencies.''
\4\ See Assurance (5) in the Requirements section below for
additional detail on how a State entity may promote quality
authorizing.
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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 1 additional point to an application that meets
Competitive Preference Priority 1; up to 2 additional points depending
on how well an application meets Competitive Preference Priority 2; up
to 2 additional points depending on how well an application meets
Competitive Preference Priority 3; up to 2 additional points depending
on how well an application meets Competitive Preference Priority 4; and
up to 3 additional points depending on how well an application meets
Competitive Preference Priority 5. An application may receive a maximum
of 10 additional points under the competitive preference priorities.
An applicant must identify in the abstract form and in the project
narrative section of its application the priority or priorities it
wishes the Department to consider for purposes of earning competitive
preference priority points. The Department will not review or award
points for any competitive preference priority that an applicant fails
to clearly identify as a competitive preference priority that it wishes
the Department to consider for purposes of awarding competitive
preference priority points.
These priorities are:
Competitive Preference Priority 1--At Least One Authorized Public
Chartering Agency Other than a Local Educational Agency, or an Appeals
Process (0 or 1 point).
To meet this priority, the State entity must demonstrate that it is
located in a State that--
(a) Allows at least one entity that is not a local educational
agency (LEA) to be an authorized public chartering agency for
developers seeking to open a charter school in the State; or
(b) In the case of a State in which LEAs are the only authorized
public chartering agencies, the State has an appeals process for the
denial of an application for a charter school.
Competitive Preference Priority 2--Equitable Financing (up to 2
points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it is located in a State that ensures
equitable financing, as compared to traditional public schools, for
charter schools and students in a prompt manner.
Competitive Preference Priority 3--Best Practices to Improve
Struggling Schools and LEAs (up to 2 points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it is located in a State
[[Page 19697]]
that uses best practices from charter schools to help improve
struggling schools and LEAs.
Competitive Preference Priority 4--Charter School Facilities (up to
2 points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it is located in a State that provides
charter schools one or more of the following:
(a) Funding for facilities.
(b) Assistance with facilities acquisition.
(c) Access to public facilities.
(d) The ability to share in bonds or mill levies.
(e) The right of first refusal to purchase public school buildings.
(f) Low- or no-cost leasing privileges.
Competitive Preference Priority 5--Serving At-Risk Students (up to
3 points).
To be eligible to receive points under this priority, the State
entity must demonstrate that it supports charter schools that serve at-
risk students through activities such as dropout prevention, dropout
recovery, or comprehensive career counseling services.
Invitational Priority: For FY 2025, and any subsequent year in
which we make awards from the list of unfunded applications from this
competition, this priority is an invitational priority. Under 34 CFR
75.105(c)(1), we do not give an application that meets this
invitational priority a competitive or absolute preference over other
applications.
This priority is:
Invitational Priority--Encouraging Innovative Charter School
Models.
Background: Charter schools are a key pillar in providing access to
education choice, empowering parents and families to seek the best
learning environment for their children and fostering innovation in
education models that address the unique needs of students across the
country. Through this competition, the Department is interested in
supporting further innovation in charter schools, and for this reason,
we have included an Invitational Priority to encourage the growth of
high-quality charter school models that employ innovative practices to
meet the needs of students and provide parents and families with high-
quality options for their children.
Priority: The Secretary is particularly interested in applications
that propose to encourage, but not require, eligible applicants for
subgrants to propose high-quality charter school models that focus on
one or more of the following: classical and civics education; science,
technology, engineering, and mathematics (STEM) education, including
computer science; career and technical education; other innovative
educational practices with evidence of success; or serving students
with particularly unique needs, such as students with disabilities or
receiving special education or related services, military-connected
students, students living in rural areas, or Native American students.
5. Requirements:
The application requirements in this notice are from section
4303(f) of the ESEA (20 U.S.C. 7221b(f)). The Department will not fund
an application that does not meet each application requirement.
Applicants must clearly identify the application requirement they are
addressing in the project narrative.
Application Requirements:
Applications for funding under the CSP State Entity program must
contain the following:
(a) Description of Program--A description of the State entity's
objectives in running a quality charter school program and how the
objectives of the program will be carried out, including--
(1) A description of how the State entity will--
(i) Support the opening of charter schools through the startup of
new charter schools and, if applicable, the replication of high-quality
charter schools, and the expansion of high-quality charter schools
(including the proposed number of new charter schools to be opened,
high-quality charter schools to be opened as a result of the
replication of a high-quality charter school, or high-quality charter
schools to be expanded under the State entity's program);
(ii) Inform eligible charter schools, developers, and authorized
public chartering agencies of the availability of funds under the
program;
(iii) Work with eligible applicants to ensure that the eligible
applicants access all Federal funds that such applicants are eligible
to receive, and help the charter schools supported by the applicants
and the students attending those charter schools--
(A) Participate in the Federal programs in which the schools and
students are eligible to participate;
(B) Receive the commensurate share of Federal funds the schools and
students are eligible to receive under such programs; and
(C) Meet the needs of students served under such programs,
including students with disabilities and English learners;
(iv) Ensure that authorized public chartering agencies, in
collaboration with surrounding LEAs where applicable, establish clear
plans and procedures to assist students enrolled in a charter school
that closes or loses its charter to attend other high-quality schools;
(v) In the case of a State entity that is not a State educational
agency (SEA)--
(A) Work with the SEA and charter schools in the State to maximize
charter school participation in Federal and State programs for which
charter schools are eligible; and
(B) Work with the SEA to operate the State entity's program under
section 4303 of the ESEA, if applicable;
(vi) Ensure that each eligible applicant that receives a subgrant
under the State entity's program--
(A) Is using funds provided under this program for one of the
activities described in section 4303(b)(1) of the ESEA; and
(B) Is prepared to continue to operate charter schools funded under
section 4303 of the ESEA in a manner consistent with the eligible
applicant's application for such subgrant once the subgrant funds under
this program are no longer available;
(vii) Support--
(A) Charter schools in LEAs with a significant number of schools
identified by the State for comprehensive support and improvement under
section 1111(c)(4)(D)(i) of the ESEA; and
(B) The use of charter schools to improve struggling schools, or to
turn around struggling schools;
(viii) Work with charter schools on--
(A) Recruitment and enrollment practices to promote inclusion of
all students, including by eliminating any barriers to enrollment for
educationally disadvantaged students (who include foster youth and
unaccompanied homeless youth); and
(B) Supporting all students once they are enrolled to promote
retention, including by reducing the overuse of discipline practices
that remove students from the classroom;
(ix) Share best and promising practices between charter schools and
other public schools;
(x) Ensure that charter schools receiving funds under the State
entity's program meet the educational needs of their students,
including children with disabilities and English learners;
(xi) Support efforts to increase charter school quality
initiatives, including meeting the quality authorizing elements
described in section 4303(f)(2)(E) of the ESEA;
(xii)(A) In the case of a State entity that is not a charter school
support
[[Page 19698]]
organization, a description of how the State entity will provide
oversight of authorizing activity, including how the State will help
ensure better authorizing, such as by establishing authorizing
standards that may include approving, monitoring, and re-approving or
revoking the authority of an authorized public chartering agency based
on the performance of the charter schools authorized by such agency in
the areas of student achievement, student safety, financial and
operational management, and compliance with all applicable statutes and
regulations; and
(B) In the case of a State entity that is a charter school support
organization, a description of how the State entity will work with the
State to support the State's system of technical assistance and
oversight of the authorizing activity of authorized public chartering
agencies, as described in application requirement (a)(1)(xii)(A); and
(xiii) Work with eligible applicants receiving a subgrant under the
State entity's program to support the opening of new charter schools or
charter school models described in application requirement (a)(1)(i)
that are high schools (ESEA section 4303(f));
(2) A description of the extent to which the State entity--
(i) Is able to meet and carry out Competitive Preference Priorities
1 through 5; \5\
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\5\ In accordance with 34 CFR 75.105(c)(2)(i), applications are
not required to address competitive preference priorities but may
receive additional points if they do so. However, to meet this
application requirement, the State entity must describe the extent
to which it is able to meet and carry out competitive preference
priorities 1 through 5. If the State entity is unable to meet and
carry out one or more of these competitive preference priorities,
the description for that priority should state that the State entity
is unable to meet or carry out the priority.
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(ii) Is working to develop or strengthen a cohesive statewide
system to support the opening of new charter schools and, if
applicable, the replication of high-quality charter schools, and the
expansion of high-quality charter schools; and
(iii) Is working to develop or strengthen a cohesive strategy to
encourage collaboration between charter schools and LEAs on the sharing
of best practices (ESEA section 4303(f));
(3) A description of how the State entity will award subgrants, on
a competitive basis, including--
(i) A description of the application each eligible applicant
desiring to receive a subgrant will be required to submit, which
application must include the following:
(A) A description of the roles and responsibilities of eligible
applicants, partner organizations, and charter management organizations
(CMOs), including the administrative and contractual roles and
responsibilities of such partners (ESEA section 4303(f));
(B) A description of the quality controls agreed to between the
eligible applicant and the authorized public chartering agency
involved, such as a contract or performance agreement; how a school's
performance in the State's accountability system and impact on student
achievement (which may include student academic growth) will be one of
the most important factors for renewal or revocation of the school's
charter; and how the State entity and the authorized public chartering
agency involved will reserve the right to revoke or not renew a
school's charter based on financial, structural, or operational factors
involving the management of the school (ESEA section 4303(f));
(C) A description of how the autonomy and flexibility granted to a
charter school is consistent with the definition of charter school in
section 4310 of the ESEA (ESEA section 4303(f));
(D) A description of how the eligible applicant will solicit and
consider input from parents and other members of the community on the
implementation and operation of each charter school that will receive
funds under the State entity's program (ESEA section 4303(f));
(E) A description of the eligible applicant's planned activities
and expenditures of subgrant funds to support opening and preparing for
the operation of new charter schools, opening and preparing for the
operation of replicated high-quality charter schools, or expanding
high-quality charter schools, and how the eligible applicant will
maintain financial sustainability after the end of the subgrant period
(ESEA section 4303(f));
(F) A description of how the eligible applicant will support the
use of effective parent, family, and community engagement strategies to
operate each charter school that will receive funds under the State
entity's program (ESEA section 4303(f)); and
(ii) A description of how the State entity will review applications
from eligible applicants (ESEA section 4303(f));
(4) In the case of a State entity that partners with an outside
organization to carry out the State entity's quality charter school
program, in whole or in part, a description of the roles and
responsibilities of the partner (ESEA section 4303(f));
(5) A description of how the State entity will ensure that each
charter school receiving funds under the State entity's program has
considered and planned for the transportation needs of the school's
students (4303(f));
(6) A description of how the State in which the State entity is
located addresses charter schools in the State's open meetings and open
records laws (ESEA section 4303(f));
(7) A description of how the State entity will support diverse
charter school models, including models that serve rural communities
(ESEA section 4303(f));
(b) Assurances--Assurances by the State entity that--
(1) Each charter school receiving funds through the State entity's
program will have a high degree of autonomy over budget and operations,
including autonomy over personnel decisions (ESEA section 4303(f));
(2) The State entity will support charter schools in meeting the
educational needs of their students, including children with
disabilities and English learners (ESEA section 4303(f));
(3) The State entity will ensure that the authorized public
chartering agency of any charter school that receives funds under the
State entity's program adequately monitors each charter school under
the authority of such agency in recruiting, enrolling, retaining, and
meeting the needs of all students, including children with disabilities
and English learners (ESEA section 4303(f));
(4) The State entity will provide adequate technical assistance to
eligible applicants to meet the objectives described in application
requirement (a)(1)(viii) (ESEA section 4303(f));
(5) The State entity will promote quality authorizing, consistent
with State law, such as through providing technical assistance to
support each authorized public chartering agency in the State to
improve such agency's ability to monitor the charter schools authorized
by the agency, including by--
(i) Assessing annual performance data of the schools, including, as
appropriate, graduation rates, student academic growth, and rates of
student attrition;
(ii) Reviewing the schools' independent, annual audits of financial
statements prepared in accordance with generally accepted accounting
principles and ensuring that any such audits are publicly reported; and
(iii) Holding charter schools accountable to the academic,
financial, and operational quality controls agreed to between the
charter school and the authorized public chartering agency involved,
such as renewal, non-renewal, or revocation of the school's charter
(ESEA section 4303(f));
[[Page 19699]]
(6) The State entity will work to ensure that charter schools are
included with the traditional public schools in decision-making about
the public school system in the State (ESEA section 4303(f)); and
(7) The State entity will ensure that each charter school receiving
funds under the State entity's program makes publicly available,
consistent with the dissemination requirements of the annual State
report card under section 1111(h) of the ESEA, including on the website
of the school, information to help parents make informed decisions
about the education options available to their children, including--
(i) Information on the educational program;
(ii) Student support services;
(iii) Parent contract requirements (as applicable), including any
financial obligations or fees;
(iv) Enrollment criteria (as applicable); and
(v) Annual performance and enrollment data for each of the
subgroups of students, as defined in section 1111(c)(2) of the ESEA,
except that such disaggregation of performance and enrollment data must
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 (ESEA section 4303(f)).
(c) Waivers--Requests for information about waivers, including--
(1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the State entity believes are
necessary for the successful operation of the charter schools that will
receive funds under the State entity's program under section 4303 of
the ESEA or, in the case of a State entity that is a charter school
support organization, a description of how the State entity will work
with the State to request such necessary waivers, where applicable; and
(2) A description of any State or local rules, generally applicable
to public schools, that will be waived or otherwise not apply to such
schools.
4303(a) of the ESEA).
Note: The Secretary recognizes that State entities and the charter
schools they serve may need additional flexibility in implementing CSP
grants and subgrants to achieve the purposes of the CSP. Under section
4303(d)(5) of the ESEA, the Secretary, in her discretion, may waive any
statutory or regulatory requirement over which she exercises
administrative authority, except the requirements related to the
definition of ``charter school'' in section 4310(2), provided that the
waiver is requested in an approved application and the Secretary
determines that granting the waiver will promote the purposes of the
CSP.
For example, a State Entity applicant may request approval from the
Department, on behalf of its subgrant applicants, for a waiver of
requirements in section 4303(h) of the ESEA regarding use of funds to
allow subgrantees to use funds for sustained costs (e.g., personnel
costs for school leaders or instructional staff, software
subscriptions, student assessments, etc.) throughout the life of the
grant, provided that such costs are necessary to open new charter
schools or replicate or expand high-quality charter schools and that
the charter school can demonstrate that it will maintain financial
sustainability after the end of the subgrant period.
6. Definitions: The following definitions are from sections
4303(a), 4310, and 8101 of the ESEA (20 U.S.C. 7221b(a), 7221i, and
7801); 34 CFR 77.1.
Ambitious means promoting continued, meaningful improvement for
program participants or for other individuals or entities affected by
the grant, or representing a significant advancement in the field of
education research, practices, or methodologies. When used to describe
a performance target, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
for that measure (34 CFR 77.1).
Authorized public chartering agency means an SEA, LEA, or other
public entity that has the authority pursuant to State law and approved
by the Secretary to authorize or approve a charter school (section
4310(1) of the ESEA).
Baseline means the starting point from which performance is
measured and targets are set (34 CFR 77.1).
Charter management organization means a nonprofit organization that
operates or manages a network of charter schools linked by centralized
support, operations, and oversight (section 4310(3) of the ESEA).
Charter school means a public school that--
(1) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempt from significant State or
local rules that inhibit the flexible operation and management of
public schools, but not from any rules relating to the other
requirements of this definition;
(2) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
(3) Operates in pursuit of a specific set of educational objectives
determined by the school's developer and agreed to by the authorized
public chartering agency;
(4) Provides a program of elementary or secondary education, or
both;
(5) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution; \6\
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\6\ 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, 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 paragraph (i);
(9) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(10) Meets all applicable Federal, State, and local health and
safety requirements;
(11) Operates in accordance with State law;
(12) Has a written performance contract with the authorized public
[[Page 19700]]
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(13) May serve students in early childhood education programs or
postsecondary students (section 4310(2) of the ESEA).
Charter school support organization means a nonprofit,
nongovernmental entity that is not an authorized public chartering
agency and provides, on a statewide basis--
(1) Assistance to developers during the planning, program design,
and initial implementation of a charter school; and
(2) Technical assistance to operating charter schools (section
4310(4) of the ESEA).
Child with a disability means--
(1) A child (i) with intellectual disabilities, hearing impairments
(including deafness), speech or language impairments, visual
impairments (including blindness), serious emotional disturbance
(referred to as ``emotional disturbance''), orthopedic impairments,
autism, traumatic brain injury, other health impairments, or specific
learning disabilities; and (ii) who, by reason thereof, needs special
education and related services.
(2) For a child aged 3 through 9 (or any subset of that age range,
including ages 3 through 5), may, at the discretion of the State and
the LEA, include a child (i) experiencing developmental delays, as
defined by the State and as measured by appropriate diagnostic
instruments and procedures, in one or more of the following areas:
physical development, cognitive development, communication development,
social or emotional development, or adaptive development; and (ii) who,
by reason thereof, needs special education and related services
(section 8101(4) of the ESEA).
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).
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).
Eligible applicant means a developer that has--
(1) Applied to an authorized public chartering authority to operate
a charter school; and
(2) Provided adequate and timely notice to that authority (section
4310(6) of the ESEA).
English learner, when used with respect to an individual, means an
individual--
(1) Who is aged 3 through 21;
(2) Who is enrolled or preparing to enroll in an elementary school
or secondary school;
(3)(i) Who was not born in the United States or whose native
language is a language other than English;
(ii)(A) Who is a Native American or Alaska Native, or a native
resident of the outlying areas; and
(B) Who comes from an environment where a language other than
English has had a significant impact on the individual's level of
English language proficiency; or
(iii) Who is migratory, whose native language is a language other
than English, and who comes from an environment where a language other
than English is dominant; and
(4) Whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny the
individual--
(i) The ability to meet the challenging State academic standards;
(ii) The ability to successfully achieve in classrooms where the
language of instruction is English; or
(iii) The opportunity to participate fully in society (section
8101(20) of the ESEA).
Expand, when used with respect to a high-quality charter school,
means to significantly increase enrollment or add one or more grades to
the high-quality charter school (section 4310(7) of the ESEA).
High-quality charter school means a charter school that--
(1) Shows evidence of strong academic results, which may include
strong student academic growth, as determined by a State;
(2) Has no significant issues in the areas of student safety,
financial and operational management, or statutory or regulatory
compliance;
(3) Has demonstrated success in significantly increasing student
academic achievement, including graduation rates where applicable, for
all students served by the charter school; and
(4) Has demonstrated success in increasing student academic
achievement, including graduation rates where applicable, for each of
the subgroups of students, as defined in section 1111(c)(2) of the
ESEA, except that such demonstration is not required in a case in which
the number of students in a group is insufficient to yield
statistically reliable information or the results would reveal
personally identifiable information about an individual student
(section 4310(8) of the ESEA).
Logic model (also referred to as a theory of action) means a
framework that identifies key project components of the proposed
project (i.e., the active ``ingredients'' that are hypothesized to be
critical to achieving the relevant outcomes) and describes the
theoretical and operational relationships among the key project
components and relevant outcomes (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).
Public, as applied to an agency, organization, or institution,
means 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).
Relevant outcome means the student outcome(s) or other outcome(s)
the key project component is designed to
[[Page 19701]]
improve, consistent with the specific goals of the program (34 CFR
77.1).
Replicate, when used with respect to a high-quality charter school,
means to open a new charter school, or a new campus of a high-quality
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional
charter, if permitted or required by State law (section 4310(9) of the
ESEA).
State means each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and each of the outlying areas (section
8101(48) of the ESEA).
State educational agency means the agency primarily responsible for
the State supervision of public elementary schools and secondary
schools (section 8101(49) of the ESEA).
State entity means--
(1) A State educational agency;
(2) A State charter school board;
(3) A Governor of a State; or
(4) A charter school support organization (section 4303(a) of the
ESEA)
7. Selection Criteria: The selection criteria for this competition
are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and 34
CFR 75.210. The maximum possible total score an application can receive
for addressing the criteria is 100 points. The maximum possible score
for addressing each criterion is indicated in parentheses following the
criterion.
(a) Quality of the Project Design (up to 30 points). The Secretary
considers the quality of the design of the proposed project. In
determining the quality of the design of the proposed project, the
Secretary considers:
(1) The quality of the logic model or other conceptual framework
underlying the proposed project, including how inputs are related to
outcomes. (34 CFR 75.210) (up to 5 points);
(2) The ambitiousness of the State entity's objectives for the
quality charter school program carried out under the CSP State Entity
program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B))
(up to 5 points);
(3) The extent to which the budget is adequate to support the
proposed project and the costs are reasonable in relation to the
objectives, design, and potential significance of the proposed project.
(section 34 CFR 74.210) (up to 10 points); and
(4) The extent to which the proposed project demonstrates that it
is designed to build capacity and yield sustainable results that will
extend beyond the project period. (section 34 CFR 74.210) (up to 10
points)
(b) Quality of Eligible Applicants Receiving Subgrants (up to 15
points): The likelihood that the eligible applicants receiving
subgrants under the program will meet the State entity's objectives for
the quality charter school program and improve educational results for
students (section 4303(g)(1)(C) (20 U.S.C. 7221b(g)(1)(C))).
(c) State Plan (up to 35 points): The State entity's plan to--
(1) Adequately monitor the eligible applicants receiving subgrants
under the State entity's program (section 4303(g)(1)(D)(i) (20 U.S.C.
7221b(g)(1)(D)(i))) (up to 10 points);
(2) Work with the authorized public chartering agencies involved to
avoid duplication of work for the charter schools and authorized public
chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C.
7221b(g)(1)(D)(ii))) (up to 5 points);
(3) Provide technical assistance and support for--
(i) The eligible applicants receiving subgrants under the State
entity's program; and
(ii) Quality authorizing efforts in the State (section
4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10
points);
(4) The State entity's plan to solicit and consider input from
parents and other members of the community on the implementation and
operation of charter schools in the State (section 4303(g)(1)(E) of
ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and
(5) The degree of flexibility afforded by the State's charter
school law and how the State entity will work to maximize the
flexibility provided to charter schools under such law (section
4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points).
(d) Quality of the Management Plan (up to 20 points). The Secretary
considers the quality of the management plan for the proposed project.
In determining the quality of the management plan for the proposed
project, the Secretary considers:
(1) The feasibility of the management plan to achieve project
objectives and goals on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks (34 CFR 75.210) (up to 10 points);
(2) The adequacy of plans for ensuring the use of quantitative and
qualitative data, including meaningful community member and partner
input, to inform continuous improvement in the operation of the
proposed project (34 CFR 75.210) (up to 5 points); and
(3) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed project
(34 CFR 75.210) (up to 5 points).
In addressing the selection criteria and application requirements
in this notice, an applicant must clearly identify which criterion or
requirement it is addressing. In addition, an applicant must address
corresponding application requirements when addressing the specific
selection criteria noted in the table below.
Table 2--Alignment of the Selection Criteria and Application
Requirements
------------------------------------------------------------------------
Selection criterion Application requirement(s)
------------------------------------------------------------------------
Quality of the Project Design paragraph (a)(1)(i), (a)(1)(vii),
(a)(1). (a)(1)(ix), (a)(2)(ii), and
(a)(2)(iii).
Quality of Eligible Subgrant Applicants (a)(1)(ii), (a)(1)(xiii),
(b). (a)(3)(i), (a)(3)(ii),
(a)(5), and (a)(7).
State Plan paragraph (c)(1)............... (a)(1)(vi) and (a)(1)(x).
State Plan paragraph (c)(3)............... (a)(1)(iii), (a)(1)(iv),
(a)(1)(viii), and
(a)(1)(xi).
Management Plan (d)....................... (a)(4).
------------------------------------------------------------------------
All other application requirements not listed in the table above
must be addressed elsewhere in the Project Narrative. This includes all
assurances and the following requirements: (a)(1)(v), (a)(1)(xii),
(a)(2)(i), and (a)(6), (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6),
(b)(7), (c)(1), and (c)(2).
8. Performance Measures: The Department has developed the following
performance measures for the purposes of the Department reporting under
34 CFR 75.110:
(a) Program Performance Measures. (1) The performance indicators
for this program are: (i) The number of charter schools in operation
around the Nation, and (ii) 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).
(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
[[Page 19702]]
reliable, valid, and meaningful performance data.
(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.
(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.
9. Program Authority and Applicable Regulations:
Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
7221j).
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84,
97, 98, and 99. (b) The Office of Management and Budget (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 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.
II. Supplemental Requirements
1. a. Cost Sharing or Matching: This program does not require cost
sharing or matching.
b. Indirect Cost Rate Information: This program uses an
unrestricted indirect cost rate. For more information regarding
indirect costs, or to obtain a negotiated indirect cost rate, please
see <a href="https://www.ed.gov/about/ed-offices/ofo#Indirect-Cost-Division">https://www.ed.gov/about/ed-offices/ofo#Indirect-Cost-Division</a>.
c. Administrative Cost Limitation: A State entity receiving a grant
under this section must not reserve more than 3 percent of funds for
administrative costs, which may include technical assistance (ESEA
section 4303(c)(1)(C)).
2. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a
State entity must award subgrants to eligible applicants and may award
subgrants to technical assistance providers.
(b) Under section 4303(d)(2) of the ESEA, when awarding subgrants
to eligible applicants, a State entity must use a peer review process
to review applications.
3. Other: (a) Use of Funds: State entities may use grant funds to
provide technical assistance to eligible applicants and authorized
public chartering agencies in opening and preparing for the operation
of new charter schools and replicated high-quality charter schools, and
expanding high-quality charter schools, and to work with these agencies
in the State to improve authorizing quality, including developing
capacity for, and conducting, fiscal oversight and auditing of charter
schools. State Entity grant funds may also be used for grant
administration, which may include technical assistance and monitoring
of subgrants for performance and fiscal and regulatory compliance, as
required under 2 CFR 200.332(e).
(b) Reasonable and Necessary Costs: The Secretary may elect to
impose maximum limits on the amount of subgrant funds that a State
entity may award to an eligible applicant per new charter school
created or replicated, per charter school expanded, or per new school
seat created (34 CFR 75.101(a)(2) and 75.104(b)).
For this competition, the maximum amount of subgrant funds a State
entity may award to a subgrantee per new charter school, replicated
high-quality charter school, or expanded high-quality charter school
over a 5-year subgrant period is $2,000,000.
Note: Applicants must ensure that all costs included in the
proposed budget are necessary and reasonable to meet the goals and
objectives of the proposed project. Any costs determined by the
Secretary to be unreasonable or unnecessary will be removed from the
final approved budget.
(c) Audits: (i) A non-Federal entity that expends $1,000,000 or
more during the non-Federal entity's fiscal year in Federal awards must
have a single or program-specific audit conducted for that year in
accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))
(ii) A non-Federal entity that expends less than $1,000,000 during
the non-Federal entity's fiscal year in Federal awards is exempt from
Federal audit requirements for that year, except as noted in 2 CFR
200.503 (Relation to other audit requirements), but records must be
available for review or audit by appropriate officials of the Federal
agency, pass-through entity, and Government Accountability Office. (2
CFR 200.501(d)).
4. Funding Restrictions: In accordance with section 4303(c) of the
ESEA, a State entity receiving a grant under this program must: (a) use
not less than 90 percent of the grant funds to award subgrants to
eligible applicants, in accordance with the quality charter school
program described in the State entity's application pursuant to section
4303(f), for activities related to opening and preparing for the
operation of new charter schools and replicated high-quality charter
schools, or expanding high-quality charter schools; (b) reserve not
less than 7 percent of the grant funds to provide technical assistance
to eligible applicants and authorized public chartering agencies in
carrying out such activities, and to work with authorized public
chartering agencies in the State to improve authorizing quality,
including developing capacity for, and conducting, fiscal oversight and
auditing of charter schools; and (c) reserve not more than 3 percent of
the grant funds for administrative costs, which may include technical
assistance. The State entity's application should include a description
of the State entity's objectives in providing technical assistance to
eligible applicants and authorized public chartering agencies under
section 4303(b)(2) of the ESEA, and the activities identified to
provide such technical assistance. A State entity may use a grant
received under this program to provide technical assistance and to work
with authorized public chartering agencies to improve authorizing
quality under section 4303(b)(2) of the ESEA
[[Page 19703]]
directly or through grants, contracts, or cooperative agreements.
Limitation on Grants and Subgrants: Under section 4303(d) of the
ESEA, a grant awarded by the Secretary to a State entity under this
competition must be for a period of not more than 5 years.
Additionally, a subgrant awarded by a State entity under this
program must be for a period of not more than 5 years, of which an
eligible applicant may use not more than 18 months for planning and
program design. An eligible applicant may not receive more than one
subgrant under this program for each individual charter school for a 5-
year period, unless the eligible applicant demonstrates to the State
entity that such individual charter school has at least 3 years of
improved educational results for students enrolled in such charter
school, with respect to the elements described in section 4310(8)(A)
and (D) of the ESEA.\7\
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\7\ Section 4303(e)(2) of the ESEA prescribes the circumstances
under which an eligible applicant may be eligible to apply to a
State entity for a second subgrant for an individual charter school
for a 5-year period. The eligible applicant still would have to meet
all program requirements, including the requirements for replicating
or expanding a high-quality charter school.
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Other CSP Grants: A charter school that previously received funds
for opening or preparing to operate a new charter school, or
replicating or expanding a high-quality charter school, under the CSP
State Entity program (ALN number 84.282A), the CSP Grants to Charter
Management Organizations for the Replication and Expansion of High-
Quality Charter Schools (CMO) program (ALN number 84.282M), or the CSP
Developer program (ALN numbers 84.282B and 84.282E), may not use funds
under this program to carry out the same or substantially similar
activities. However, such charter school may be eligible to receive
funds under this competition to expand the charter school beyond the
existing grade levels or student count.
Likewise, a charter school that previously was awarded a subgrant
by a State entity under this program (or the former CSP Grants for
State Educational Agencies program) is ineligible to receive funds to
carry out the same activities under the CMO program (ALN number
84.282M) or Developer program (ALN numbers 84.282B and 84.282E),
including for opening or preparing to operate a new charter school, or
for replication or expansion.
Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State
entities awarded grants under this competition must award subgrants to
eligible applicants to enable such eligible applicants to--
(a) Open and prepare for the operation of new charter schools;
(b) Open and prepare for the operation of replicated high-quality
charter schools; or
(c) Expand high-quality charter schools.
Under section 4303(h) of the ESEA, an eligible applicant receiving
a subgrant under this program must use such funds to support activities
related to opening and preparing for the operation of new charter
schools or replicating or expanding high-quality charter schools, which
must include one or more of the following:
(a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
(i) Providing professional development; and
(ii) Hiring and compensating, during the eligible applicant's
planning period specified in the application for subgrant funds, one or
more of the following:
(A) Teachers.
(B) School leaders.
(C) Specialized instructional support personnel.
(b) Acquiring supplies, training, equipment (including technology),
and educational materials (including developing and acquiring
instructional materials).
(c) Carrying out necessary renovations to ensure that a new school
building complies with applicable statutes and regulations, and minor
facilities repairs (excluding construction).
(d) Providing one-time, startup costs associated with providing
transportation to students to and from the charter school.
(e) Carrying out community engagement activities, which may include
paying the cost of student and staff recruitment.
(f) Providing for other appropriate, non-sustained costs related to
opening, replicating, or expanding high-quality charter schools when
such costs cannot be met from other sources.
Diversity of Projects: Per section 4303(d)(4) of the ESEA, each
State entity awarding subgrants under this competition must award
subgrants in a manner that, to the extent practicable and applicable,
ensures that such subgrants--
(a) Are distributed throughout different areas, including urban,
suburban, and rural areas; and
(b) Will assist charter schools representing a variety of
educational approaches.
Award Basis: In determining whether to approve a grant award and
the amount of such award, the Department will consider, among other
things, the applicant's performance and use of funds under a previous
or existing award under any Department program (34 CFR
75.217(d)(3)(ii)) and any other financial resources available to the
applicant (34 CFR 75.233(b)). In assessing the applicant's performance
and use of funds under a previous or existing award, the Secretary will
consider, among other things, the outcomes the applicant has achieved
and the results of any Departmental grant monitoring, including the
applicant's progress in remedying any deficiencies identified in such
monitoring.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
III. 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 <a href="https://www.federalregister.gov/d/2024-30488">https://www.federalregister.gov/d/2024-30488</a>, which contain requirements and
information on how to submit an application.
2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the CSP State Entity
grant 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 (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 competition is subject to
[[Page 19704]]
intergovernmental review under Executive Order 12372. Information about
this process is in the application package.
4. Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar designed to provide technical
assistance to interested applicants. Detailed information regarding
this webinar will be provided at <a href="https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/expanding-opportunities-through-quality-charter-schools-program-csp-grants-to-state-entities">https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/expanding-opportunities-through-quality-charter-schools-program-csp-grants-to-state-entities</a>, on the FY 2025 CSP State Entity Competition tab. There
is no registration fee for attending this meeting.
For further information about the pre-application meeting, contact
Sareeta Schmitt, U.S. Department of Education, 400 Maryland Avenue SW,
Washington, DC 20202-5970. Telephone: (202) 205-0730. Email:
<a href="/cdn-cgi/l/email-protection#d487918b97bbb9a4b1a0bda0bdbbba94b1b0fab3bba2"><span class="__cf_email__" data-cfemail="0457415b476b697461706d706d6b6a4461602a636b72">[email protected]</span></a>.
IV. 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, completion of grant activities,
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).
2. Risk Assessment and Specific Conditions: Before awarding grants
under this competition, 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), 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 System
for Award Management's (SAM) Responsibility/Qualification reports
(formerly referred to as the Federal Awardee Performance and Integrity
Information System (FAPIIS)). You may review and comment on any
information about yourself that a Federal agency previously entered and
that is currently in the Responsibility/Qualification reports in SAM.
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
SAM semiannually. Please review these requirements if this grant plus
all the other Federal funds you receive exceed $10,000,000.
V. 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 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 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,
including a description of the State entity's objectives in providing
technical assistance to eligible applicants and authorized public
chartering agencies under section 4303(b)(2) of the ESEA, and the
activities identified to provide such technical assistance; and the
impact of the State entity's actions or, if no known impact, an
explanation of why. The Secretary may also require more frequent
performance reports. 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) In accordance with section 4303(i) of the ESEA, each State
entity receiving a grant under this section must submit to the
Secretary, at the end of the third year of the 5-year grant period (or
at the end of the second year if the grant period is less than 5
years), and at the end of such grant period, a report that includes the
following:
(1) The number of students served by each subgrant awarded under
this section and, if applicable, the number of new students served
during each year of the period of the subgrant.
(2) A description of how the State entity met the objectives of the
quality charter school program described in the State entity's
application, including--
(A) How the State entity met the objective of sharing best and
promising practices as outlined in section 4303(f)(1)(A)(ix) of the
ESEA in areas such as instruction, professional development, curricula
development,
[[Page 19705]]
and operations between charter schools and other public schools; and
(B) If known, the extent to which such practices were adopted and
implemented by such other public schools.
(3) The number and amount of subgrants awarded under this program
to carry out activities described in section 4303(b)(1)(A) through (C)
of the ESEA.
(4) A description of--
(A) How the State entity complied with, and ensured that eligible
applicants complied with, the assurances included in the State entity's
application; and
(B) How the State entity worked with authorized public chartering
agencies, and how the agencies worked with the management company or
leadership of the schools that received subgrant funds under this
program, if applicable.
(d) 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. 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.
6. 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, if applicable, the cost of
attending these meetings in their proposed budgets as allowable
administrative costs.
7. Technical Assistance: Applicants approved for funding under this
competition will be required to participate in all general and certain
specified technical assistance offerings, to include but not limited
to, other on-site gatherings sponsored by the Department and its
contracted technical assistance providers and partners throughout the
life of the grant.
VI. 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.
Hayley B. Sanon,
Principal Deputy Assistant Secretary and Acting Assistant Secretary,
Office of Elementary and Secondary Education.
[FR Doc. 2025-08092 Filed 5-8-25; 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.