Notice2025-08783
Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program-Grants for Credit Enhancement for Charter School Facilities
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 16, 2025
Issuing agencies
Education Department
Abstract
The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2025 for Charter Schools Program (CSP)--Grants for Credit Enhancement for Charter School Facilities (Credit Enhancement).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Pages 21016-21021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08783]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program--Grants for Credit Enhancement for
Charter School Facilities
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for fiscal year (FY) 2025 for Charter Schools
Program (CSP)--Grants for Credit Enhancement for Charter School
Facilities (Credit Enhancement).
DATES:
Applications Available: May 16, 2025.
Deadline for Notice of Intent to Apply: Applicants are strongly
encouraged but not required to submit a notice of intent to apply by
June 16, 2025. Applicants who do not meet this deadline may still
apply.
Deadline for Transmittal of Applications: June 25, 2025.
Deadline for Intergovernmental Review: August 25, 2025.
Pre-Application Webinar Information: The Credit Enhancement program
intends to hold a webinar 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/credit-enhancement-for-charter-school-facilities-program">https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/credit-enhancement-for-charter-school-facilities-program</a>.
Note: For new potential grantees unfamiliar with grantmaking at the
Department, please consult our ``Getting Started with Discretionary
Grant Applications web page at <a href="https://www.ed.gov/grants-and-programs/apply-grant/getting-started-discretionary-grant-applications">https://www.ed.gov/grants-and-programs/apply-grant/getting-started-discretionary-grant-applications</a>.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to the Application Submission Instructions
section.
FOR FURTHER INFORMATION CONTACT: Thea Fowles, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970.
Telephone: (202) 987-1727. Email: <a href="/cdn-cgi/l/email-protection#0c6f646d7e78697e226a6d6f6560657865697f4c6968226b637a"><span class="__cf_email__" data-cfemail="284b40495a5c4d5a064e494b4144415c414d5b684d4c064f475e">[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 Credit Enhancement grants, the
Department provides grants on a competitive basis to eligible public
and private nonprofit entities that demonstrate innovative ways to
assist charter schools \1\ with the costs related to acquiring,
constructing, and renovating facilities by enhancing the availability
of loans and bond financing.
---------------------------------------------------------------------------
\1\ Terms defined in this notice are italicized the first time
they are used.
---------------------------------------------------------------------------
Charter schools supported under CSP Credit Enhancement grants
provide elementary or secondary education, or both, and may also serve
students in early childhood education programs or postsecondary
students.
Assistance Listing Number: 84.354A.
OMB Control Number: 1810-0775.
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.
[[Page 21017]]
Table 1--Funding Opportunity At-A-Glance
------------------------------------------------------------------------
Topic Notes
------------------------------------------------------------------------
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 25,
2025. Complete instructions on how to
register and apply can be found at
<a href="http://Grants.gov">Grants.gov</a>.
Eligibility.................. Public entities, private nonprofit
entities, and consortia of such entities
are eligible to apply.
Funding...................... Estimated Available Funds: $60,000,000.
Estimated Range of Awards: $2,000,000 to
$20,000,000 per year.
Estimated Average Size of Awards:
$16,000,000.
Estimated Number of Awards 3-4.
Maximum Award: We will not make an award
exceeding $20,000,000 for a grant
project.
The Department is not bound by any
estimates in this notice.
Competitive Preference There is one CPP for this competition. We
Priority (CPP). award up to an additional 6 points to an
The full text is in the application that addresses the CPP.
Priorities section below. Responding to the CPP is optional.
CPP: The capacity of charter schools to
offer public school choice in those
communities with the greatest need for
this choice. (Up to 6 points)
Application Requirements..... Applicants are required to submit the
following program specific forms as part
of their application package that can be
found on the FY25 Credit Enhancement
Grant Competition Page: <a href="https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/credit-enhancement-for-charter-school-facilities-program">https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/credit-enhancement-for-charter-school-facilities-program</a>.
<bullet> Table 1--Non-Grant Funds
Projected to be Generated.
<bullet> Table 2--Applicant Activity
Table for the Most Recently Completed
Fiscal Year.
<bullet> Table 3--Budget Form: Grant
Funds Expenditures.
<bullet> Table 4--Risk Level of Charter
Schools Served (required of past
grantees only).
<bullet> Consortium agreements (if
applicable).
Selection Criteria........... We evaluate applications using selection
The full text is in the criteria. The maximum score for all
selection criteria section selection criteria is 100 points.
below. (a) Quality of the Project Design and
Significance (35 points).
(b) Quality of Project Services (15
points).
(c) Capacity (35 points).
(d) Quality of Project Personnel (15
points).
------------------------------------------------------------------------
2. Award Information:
Type of Award: Discretionary grants.
Estimated Available Funds: $60,000,000.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in subsequent years from
the list of unfunded applications from this competition.
Estimated Range of Awards: $2,000,000 to $20,000,000.
Estimated Average Size of Awards: $16,000,000.
Maximum Award: We will not make an award exceeding $20,000,000 for
a grant project. The Department may change the maximum amount through a
notice published in the Federal Register.
Estimated Number of Awards: 3-4.
Note: The Department is not bound by any estimates in this notice.
Project Period: From the start date indicated on the grant award
document until the Federal funds and earnings on those funds have been
expended for the grant purposes or until financing facilitated by the
grant has been retired, whichever is later.
3. Eligible Applicants: (a) A public entity, such as a State or
local governmental entity; (b) A private, nonprofit entity; or (c) A
consortium of entities described in (a) and (b).
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.
4. Priorities: This notice includes one competitive preference
priority.
Competitive Preference 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 a competitive preference
priority. Under 34 CFR 225.12, we award up to an additional 6 points to
an application, depending on how well the application addresses the
priority.
The Competitive Preference Priority is: The capacity of charter
schools to offer public school choice in those communities with the
greatest need for this choice based on--
(1) The extent to which the applicant would target services to
geographic areas in which a large proportion or number of public
schools have been identified for comprehensive support and improvement
or targeted support and improvement under the ESEA, as amended by the
Every Student Succeeds Act (up to 2 points);
(2) The extent to which the applicant would target services to
geographic areas in which a large proportion of students perform below
proficient on State academic assessments (up to 2 points); and
(3) The extent to which the applicant would target services to
communities with large proportions of students from low-income families
(up to 2 points).
5. Definitions:
The following definitions apply to this program. The definition of
``charter school'' is from section 4310 of the Elementary and Secondary
Education Act of 1965, as amended (ESEA) (20 U.S.C. 7221i), and the
remainder are from 34 CFR 77.1.
Baseline means the starting point from which performance is
measured and targets are set.
[[Page 21018]]
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) 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 the
General Education Provisions Act (20 U.S.C. 1232g) (commonly referred
to as the ``Family Educational Rights and Privacy Act of 1974''), and
part B of the Individuals with Disabilities Education Act (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 (8)(i) of this definition;
(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.
Performance measure means any quantitative indicator, statistic, or
metric used to gauge program or project performance.
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.
6. Selection Criteria: The selection criteria for this competition
are from 34 CFR 225.11 and are as follows:
(a) Quality of Project Design and Significance (35 points). In
determining the quality of project design and significance, the
Secretary considers--
(1) The extent to which the grant proposal would provide financing
to charter schools at better rates and terms than they can receive
absent assistance through the program;
(2) The extent to which the project goals, objectives, and timeline
are clearly specified, measurable, and appropriate for the purpose of
the program;
(3) The extent to which the project implementation plan and
activities, including the partnerships established, are likely to
achieve measurable objectives that further the purposes of the program;
(4) The extent to which the project is likely to produce results
that are replicable;
(5) The extent to which the project will use appropriate criteria
for selecting charter schools for assistance and for determining the
type and amount of assistance to be given;
(6) The extent to which the proposed activities will leverage
private or public-sector funding and increase the number and variety of
charter schools assisted in meeting their facilities needs more than
would be accomplished absent the program;
(7) The extent to which the project will serve charter schools in
States with strong charter laws, consistent with the criteria for such
laws in section 4303(g)(2) of the ESEA; and
(8) The extent to which the requested grant amount and the project
costs are reasonable in relation to the objectives, design, and
potential significance of the project.
(b) Quality of Project Services (15 points). In determining the
quality of the project services, the Secretary considers--
(1) The extent to which the services to be provided by the project
reflect the identified needs of the charter schools to be served;
(2) The extent to which charter schools and chartering agencies
were involved in the design of, and demonstrate support for, the
project;
(3) The extent to which the technical assistance and other services
to be provided by the proposed grant project involve the use of cost-
effective strategies for increasing charter schools' access to
facilities financing, including the reasonableness of fees and lending
terms; and
(4) The extent to which the services to be provided by the proposed
grant project are focused on assisting charter schools with a
likelihood of success and the greatest demonstrated need for assistance
under the program.
(c) Capacity (35 points). In determining an applicant's business
and organizational capacity to carry out the project, the Secretary
considers--
(1) The amount and quality of experience of the applicant in
carrying out the activities it proposes to undertake in its
application, such as enhancing the credit on debt issuances,
guaranteeing leases, and facilitating financing;
(2) The applicant's financial stability;
(3) The ability of the applicant to protect against unwarranted
risk in its loan underwriting, portfolio monitoring, and financial
management;
(4) The applicant's expertise in education to evaluate the
likelihood of success of a charter school;
(5) The ability of the applicant to prevent conflicts of interest,
including conflicts of interest by employees and members of the board
of directors in a decision-making role;
(6) If the applicant has co-applicants (consortium members),
partners, or other grant project participants, the specific resources
to be contributed by each co-applicant (consortium member), partner, or
other grant project participant to the implementation and success of
the grant project;
(7) For State governmental entities, the extent to which steps have
been or will be taken to ensure that charter schools within the State
receive the
[[Page 21019]]
funding needed to obtain adequate facilities; and
(8) For previous grantees under the charter school facilities
programs, their performance in implementing these grants.
Note: The 35 available points under this selection criterion will
be allocated evenly among the factors applicable to a particular
applicant. For example, for an applicant for which none of factors (6)
through (8) apply, the 35 available points will be allocated among the
first five factors. Similarly, for an applicant that is a State
governmental entity that is a previous grantee under the charter school
facilities programs, the 35 available points will be allocated evenly
among factors (1) through (5), (7), and (8).
(d) Quality of Project Personnel (15 points). In determining the
quality of project personnel, the Secretary considers--
(1) The qualifications of project personnel, including relevant
training and experience, of the project manager and other members of
the project team, including consultants or subcontractors; and
(2) The staffing plan for the grant project.
7. Performance Measures: The Department has developed the following
performance measures for the purpose of Department reporting under 34
CFR 75.110:
(a) Program Performance Measures: (1) The performance measures for
this program are (i) The amount of funding grantees leverage for
charter schools to acquire, construct, and renovate school facilities;
and (ii) the number of charter schools served. Grantees must provide
information that is responsive to these measures as part of their
annual performance reports.
(2) In accordance with 34 CFR 75.110(b), applications must
describe:
(i) The data collection and reporting methods the applicant would
use and why those methods are likely to yield reliable, valid, and
meaningful performance data.
(ii) The applicant's capacity to collect and report the quality of
the performance data, as evidenced by quality data collection,
analysis, and reporting in other projects or research.
(b) Project-Specific Performance Measures.
Applicants must propose project-specific performance measures and
performance targets consistent with the objectives of the project and
program. 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.
8. Program Authority: Title IV, Part C Section 4304 of the ESEA, as
amended (20 U.S.C. 7221c).
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97,
98, and 99. (b) The Office of Management and Budget (OMB) Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The 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. (d) The regulations for this program in
34 CFR part 225.
II. Supplemental Requirements
1. a. Cost Sharing or Matching: This competition 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: Consistent with section 4304(g)
of the ESEA (20 U.S.C. 7221c(g)), an eligible entity may use not more
than 2.5 percent of the funds received under this program for the
administrative costs of carrying out its responsibilities under this
program.
2. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
3. Funding Restrictions:
(a) Reserve accounts. Under section 4304(f) of the ESEA, an
eligible entity receiving a grant must, in accordance with State and
local law, directly or indirectly, alone or in collaboration with
others, deposit the funds received, other than funds used for
administrative costs, in a reserve account established and maintained
by the eligible entity for this purpose. Amounts deposited in such
account must be used by the eligible entity for one or more of the
following purposes: (1) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein, the proceeds of
which are used for an objective described in paragraph (b). (2)
Guaranteeing and insuring leases of personal and real property for an
objective described in paragraph (b). (3) Facilitating financing by
identifying potential lending sources, encouraging private lending, and
other similar activities that directly promote lending to, or for the
benefit of, charter schools. (4) Facilitating the issuance of bonds by
charter schools, or by other public entities for the benefit of charter
schools, by providing technical, administrative, and other appropriate
assistance (including the recruitment of bond counsel, underwriters,
and potential investors, and the consolidation of multiple charter
school projects within a single bond issue). Funds received and
deposited in the reserve account must be invested in obligations issued
or guaranteed by the United States or a State, or in other similarly
low-risk securities. Any earnings on funds received must be deposited
in the reserve account and used in accordance with this program.
(b) Charter school objectives. Under 20 U.S.C. 7221c(e), an
eligible entity receiving a grant must use the funds deposited in the
reserve account to assist one or more charter schools to access private
sector capital to accomplish one or more of the following objectives:
(1) The acquisition (by purchase, lease, donation, or otherwise) of an
interest (including an interest held by a third party for the benefit
of a charter school) in improved or unimproved real property that is
[[Page 21020]]
necessary to commence or continue the operation of a charter school.
(2) The construction of new facilities, or the renovation, repair, or
alteration of existing facilities, necessary to commence or continue
the operation of a charter school. (3) The predevelopment costs
required to assess sites for purposes of paragraph (1) or (2) and that
are necessary to commence or continue the operation of a charter
school.
(c) Reasonable costs. Grantees must ensure that all costs incurred
using funds from the reserve account are reasonable and allowable. We
specify unallowable costs in 34 CFR 225.21.
(d) No full faith and credit for grantee obligation. No financial
obligation of a grantee under this program (such as an obligation under
a guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United States. The
full faith and credit of the United States are not pledged to the
payment of funds that may be required to be paid under any obligation
made by a grantee under this program. In the event of a default on any
debt or other obligation, the United States has no liability to cover
the cost of the default.
(e) Performance Agreement. Grantees must enter into a written
Performance Agreement with the Department and may not draw down funds
prior to approval of the agreement by the Department, unless the
grantee receives written permission from the Department in the interim
to draw down a specific limited amount of funds.
(f) Standards of conduct. Grantees must maintain and enforce
standards of conduct governing the performance of their employees,
officers, directors, trustees, and agents engaged in the selection,
award, and administration of contracts or agreements related to this
grant. The standards of conduct must mandate disinterested decision-
making.
(g) Recovery of funds. The Secretary, in accordance with chapter 37
of title 31 of the United States Code, will collect the funds in the
reserve account established with grant funds (including any earnings on
those funds) as follows: (1) All or a portion of the funds if the
Secretary determines that the grantee has permanently ceased to use
such funds to accomplish the purposes described in the authorizing
statute and the Performance Agreement; or (2) All of the funds if the
Secretary determines that, not earlier than 2 years after the date on
which it first receives these funds, the grantee has failed to make
substantial progress in undertaking the grant project.
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/documents/2024/12/23/2024-30488/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs">https://www.federalregister.gov/documents/2024/12/23/2024-30488/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs</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 Credit
Enhancement 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 post on our website the
application narrative sections of successful applications, 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
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. Notice of Intent to Apply: The Department will be able to review
grant applications more efficiently if we know the approximate number
of applicants that intend to apply. Therefore, we strongly encourage
each potential applicant to notify us of their intent to submit an
application. To do so, please email the program contact person listed
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to
Apply,'' and include the applicant's name and a contact person's name
and email address. Applicants that do not submit a notice of intent to
apply may still apply for funding; applicants that do submit a notice
of intent to apply are not bound to apply or bound by the information
provided.
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, 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 program the Department conducts a review of the risks posed
by applicants. The Secretary may impose specific conditions and, in
appropriate circumstances, high-risk conditions on a grant if the
applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in2 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
[[Page 21021]]
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 in 2 CFR part 170
should you receive funding under the competition. See the standards in
2 CFR 170.105 to determine whether you are covered by 2 CFR part 170.
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary. The
Secretary may also require more frequent performance reports. For
specific requirements on reporting, please go to <a href="http://www.ed.gov/fund/grant/apply/appforms/appforms.html">www.ed.gov/fund/grant/apply/appforms/appforms.html</a>.
5. Project Directors' Meeting: Applicants approved for funding
under this competition must attend a meeting for project directors
during each year of the project. The meeting may be held virtually or
in person at a location to be determined in the continental United
States.
6. Technical Assistance: Grantees under this competition must
participate in all program technical assistance offerings provided by
the Department and its contractual technical assistance providers and
partners throughout the life of the project.
VII. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, compact disc, or other accessible format.
Hayley B. Sanon,
Principal Deputy Assistant Secretary and Acting Assistant Secretary,
Office of Elementary and Secondary Education.
[FR Doc. 2025-08783 Filed 5-15-25; 8:45 am]
BILLING CODE 4000-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 16, 2025.
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.