Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (CMO Grants)

 
CONTENT
Federal Register, Volume 84 Issue 228 (Tuesday, November 26, 2019)
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65134-65142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program (CSP)--Grants to Charter Management
Organizations for the Replication and Expansion of High-Quality Charter
Schools (CMO Grants)
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 new awards for fiscal year (FY) 2020 for
CSP--CMO grants, Catalog of Federal Domestic Assistance (CFDA) number
84.282M. This notice relates to the approved information collection
under OMB control number 4040-0004.
DATES:
    Applications available: November 26, 2019.
    Date of pre-application webinar: December 5, 2019.
    Deadline for transmittal of applications: January 10, 2020.
    Deadline for intergovernmental review: March 10, 2020.
    Pre-application webinar information: The Department will hold a
pre-application meeting via webinar for prospective applicants on
December 5, 2019, Eastern time.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on February 13, 2019 (84 FR 3768) and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
FOR FURTHER INFORMATION CONTACT: Katherine Cox, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E207, Washington, DC 20202-
5970. Telephone: (202) 453-6886. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
    Purpose of Program: \1\ Through charter management organizations
(CMOs) grants, the Department provides funds to CMOs on a competitive
basis to enable them to replicate or expand one or more high-quality
charter schools. Grant funds may be used to expand the enrollment of
one or more existing high-quality charter schools, or to replicate one
or more new charter schools based on an existing high-quality charter
school model.
---------------------------------------------------------------------------
    \1\ The terms in the text of this notice that are in italics are
defined in the Definitions section.
---------------------------------------------------------------------------
    Background: A major purpose of this program is to replicate and
expand high-quality charter schools that serve educationally
disadvantaged students. Students living in rural communities are too
often faced with a relative dearth of high-quality educational options,
and our experience implementing this, and other, grant competitions has
taught us that students in these communities experience unique
disadvantages. Similarly, we believe it is critical to ensure that
students who are individuals from low-income families, and particularly
such students that attend schools with high percentages of students who
are individuals from low-income families, have access to a myriad of
high-quality education options. As such, in order to receive a grant
under this competition, CMOs must either demonstrate that they will
replicate or expand high-quality charter schools in a rural community
or that they operate or manage charter schools with student bodies that
are comprised of at least 40 percent students who are individuals from
low-income families. Accordingly, applicants must choose to submit
their applications under one of two absolute priorities--Absolute
Priority 1--Rural Community and Absolute Priority 2--Low-Income
Demographic.
    Priorities: This competition includes two absolute priorities and
five competitive preference priorities. In accordance with 34 CFR
75.105(b)(2)(iv), the absolute priorities and Competitive Preference
Priorities 2, 3, 4, and 5 are from the notice of final priorities,
requirements, definitions, and selection criteria for this program
published in the Federal Register on November 30, 2018 (2018 NFP) (83
FR 61532). Competitive Preference Priority 1 is from the notice of
final priority for discretionary grant programs relating to the
Administration's Opportunity Zones initiative, published in the Federal
Register (OZ NFP).
[[Page 65135]]
    Absolute Priorities: For FY 2020 and any subsequent year in which
we make awards from the list of unfunded applications from this
competition, these priorities are absolute priorities. Under 34 CFR
75.105(c)(3), we consider only applications that meet one or both of
these priorities.
    Each of these absolute priorities constitutes its own funding
category. Applicants may propose projects that address both absolute
priorities, but must clearly indicate under which absolute priority
they are officially applying. The Secretary intends to award grants
under each absolute priority for which applications of sufficient
quality are submitted.
    The priorities are:
    Absolute Priority 1--Rural Community.
    Under this priority, applicants must propose to replicate or expand
one or more high-quality charter schools in a rural community.
    Absolute Priority 2--Low-Income Demographic.
    Under this priority, applicants must demonstrate that at least 40
percent of the students across all of the charter schools the applicant
operates or manages are individuals from low-income families, and that
the applicant will maintain the same, or a substantially similar,
percentage of such students across all of its charter schools during
the grant period.
    Competitive Preference Priorities: For FY 2020 and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, these priorities are competitive preference
priorities.
    Under 34 CFR 75.105(c)(2)(i) we award up to an additional seven
points to an application, depending on how well an application meets
one or both elements of Competitive Preference Priority 1; an
additional five points to an application that meets Competitive
Preference Priority 2; up to an additional two points to an
application, depending on how well an application meets Competitive
Preference Priority 3; up to an additional four points to an
application, depending on how well an application meets Competitive
Preference Priority 4; and up to an additional two points to an
application, depending on how well an application meets Competitive
Preference Priority 5. The maximum number of competitive preference
priority points an application can receive under this competition is
20.
    These priorities are:
    Competitive Preference Priority 1--Spurring Investment in Qualified
Opportunity Zones. (Up to 7 points)
    Under this priority, an applicant must demonstrate one or both of
the following:
    (a) The area in which the applicant proposes to provide services
overlaps with a Qualified Opportunity Zone, as designated by the
Secretary of the Treasury under section 1400Z-1 of the Internal Revenue
Code (IRC). An applicant must--
    (1) Provide the census tract number of the Qualified Opportunity
Zone(s) in which it proposes to provide services; and
    (2) Describe how the applicant will provide services in the
Qualified Opportunity Zone(s) (Up to 4 points).
    Note: In order to meet paragraph (a) of this priority, one or
more charter schools included in the application must be located in
a Qualified Opportunity Zone. If the area in which the applicant
proposes to provide services overlaps with a Qualified Opportunity
Zone by--
    (i) 25 percent or less, then the applicant will receive 1 point;
    (ii) 26 percent to 50 percent, then the applicant will receive 2
points;
    (iii) 51 to 75 percent, then the applicant will receive 3 points;
or
    (iv) 76 percent to 100 percent, then the applicant will receive 4
points.
    (b) The applicant has received, or will receive by January 10,
2020, an investment, including access to real property, from a
Qualified Opportunity Fund under section 1400Z-2 of the IRC for a
purpose directly related to its proposed project. An applicant must--
    (1) Identify the Qualified Opportunity Fund from which it has
received or will receive an investment; and
    (2) Describe how the investment is or will be directly related to
its proposed project (0 or 3 points).
    Competitive Preference Priority 2-- Number of Charter Schools
Operated or Managed by the Eligible Applicant. (0 or 5 points)
    Under this priority, applicants must demonstrate that they
currently operate or manage two to five charter schools.
    Competitive Preference Priority 3--High School Students. (Up to 2
points)
    Under this priority, applicants must propose to--
    (a) Replicate or expand high-quality charter schools to serve high
school students, including educationally disadvantaged students;
    (b) Prepare students, including educationally disadvantaged
students, in those schools for enrollment in postsecondary education
institutions through activities such as, but not limited to,
accelerated learning programs (including Advanced Placement and
International Baccalaureate courses and programs, dual or concurrent
enrollment programs, and early college high schools), college
counseling, career and technical education programs, career counseling,
internships, work-based learning programs (such as apprenticeships),
assisting students in the college admissions and financial aid
application processes, and preparing students to take standardized
college admissions tests;
    (c) Provide support for students, including educationally
disadvantaged students, who graduate from those schools and enroll in
postsecondary education institutions in persisting in, and attaining a
degree or certificate from, such institutions, through activities such
as, but not limited to, mentorships, ongoing assistance with the
financial aid application process, and establishing or strengthening
peer support systems for such students attending the same institution;
and
    (d) Propose one or more project-specific performance measures,
including aligned leading indicators or other interim milestones, that
will provide valid and reliable information about the applicant's
progress in preparing students, including educationally disadvantaged
students, for enrollment in postsecondary education institutions and in
supporting those students in persisting in and attaining a degree or
certificate from such institutions. An applicant addressing this
priority and receiving a CMO grant must provide data that are
responsive to the measure(s), including performance targets, in its
annual performance reports to the Department.
    (e) For purposes of this priority, postsecondary education
institutions include institutions of higher education, as defined in
section 8101(29) of the Elementary and Secondary Education Act of 1965,
as amended by the Every Student Succeeds Act (ESEA), and one-year
training programs that meet the requirements of section 101(b)(1) of
the Higher Education Act of 1965, as amended (HEA).
    Competitive Preference Priority 4--Replicating or Expanding High-
Quality Charter Schools To Serve Native American Students. (Up to 4
points)
    Under this priority, applicants must--
    (a) Propose to replicate or expand one or more high-quality charter
schools that--
    (1) Utilize targeted outreach and recruitment in order to serve a
high proportion of Native American students, consistent with
nondiscrimination requirements contained in the U.S. Constitution and
Federal civil rights laws;
[[Page 65136]]
    (2) Have a mission and focus that will address the unique
educational needs of Native American students, such as through the use
of instructional programs and teaching methods that reflect and
preserve Native American language, culture, and history; and
    (3) Have a governing board with a substantial percentage of members
who are members of Indian Tribes or Indian organizations located within
the area to be served by the replicated or expanded charter school;
    (b) Submit a letter of support from at least one Indian Tribe or
Indian organization located within the area to be served by the
replicated or expanded charter school; and
    (c) Meaningfully collaborate with the Indian Tribe(s) or Indian
organization(s) from which the applicant has received a letter of
support in a timely, active, and ongoing manner with respect to the
development and implementation of the educational program at the
charter school.
    Competitive Preference Priority 5--Reopening Academically Poor-
Performing Schools as Charter Schools. (Up to 2 points)
    Under this priority, applicants must--
    (a) Demonstrate past success working with one or more academically
poor-performing public schools or schools that previously were
designated as persistently lowest-achieving schools or priority schools
under the former School Improvement Grant program or in States that
exercised ESEA flexibility, respectively, under the Elementary and
Secondary Education Act of 1965, as amended by the No Child Left Behind
Act of 2001; and
    (b) Propose to use grant funds under this program to restart one or
more academically poor-performing public schools as charter schools
during the project period by--
    (1) Replicating one or more high-quality charter schools based on a
successful charter school model for which the applicant has provided
evidence of success; and
    (2) Targeting a demographically similar student population in the
replicated charter schools as was served by the academically poor-
performing public schools.
    Definitions: The following definitions are from sections 4310 and
8101 of the ESEA, 34 CFR 77.1, and the 2018 NFP.
    Academically poor-performing public school means:
    (a) A school identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i) of the ESEA; or
    (b) A public school otherwise identified by the State or, in the
case of a charter school, its authorized public chartering agency, as
similarly academically poor-performing. (2018 NFP)
    Ambitious means promoting continued, meaningful improvement for
program participants or for other individuals or entities affected by
the grant, or representing a significant advancement in the field of
education research, practices, or methodologies. When used to describe
a performance target, whether a performance target is ambitious depends
upon the context of the relevant performance measure and the baseline
for that measure. (34 CFR 77.1)
    Authorized public chartering agency means a State educational
agency, local educational agency, or other public entity that has the
authority pursuant to State law and approved by the Secretary to
authorize or approve a charter school. (Section 4310(1) of the ESEA)
    Baseline means the starting point from which performance is
measured and targets are set. (34 CFR 77.1)
    Charter management organization, or CMO, means a nonprofit
organization that operates or manages a network of charter schools
linked by centralized support, operations, and oversight. (Section
4310(3) of the ESEA)
    Charter school means a public school that--
    (1) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempt from significant State or
local rules that inhibit the flexible operation and management of
public schools, but not from any rules relating to the other
requirements of this definition;
    (2) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
    (3) Operates in pursuit of a specific set of educational objectives
determined by the school's developer and agreed to by the authorized
public chartering agency;
    (4) Provides a program of elementary or secondary education, or
both;
    (5) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution;
    (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;
    (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), if more students apply for admission than can be
accommodated; or
    (ii) In the case of a school that has an affiliated charter school
(such as a school that is part of the same network of schools),
automatically enrolls students who are enrolled in the immediate prior
grade level of the affiliated charter school and, for any additional
student openings or student openings created through regular attrition
in student enrollment in the affiliated charter school and the
enrolling school, admits students on the basis of a lottery as
described in clause (i);
    (9) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
    (10) Meets all applicable Federal, State, and local health and
safety requirements;
    (11) Operates in accordance with State law;
    (12) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
    (13) May serve students in early childhood education programs or
postsecondary students. (Section 4310(2) of the ESEA)
    Child with a disability means--
    (1) In general--
    The term child with a disability means a child--
    (i) With intellectual disabilities, hearing impairments (including
deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance (referred to in
this chapter 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.
[[Page 65137]]
    (2) Child aged 3 through 9
    The term child with a disability 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 local educational agency, include a
child--
    (i) Experiencing developmental delays, as defined by the State and
as measured by appropriate diagnostic instruments and procedures, in 1
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)
    Educationally disadvantaged student means a student in one or more
of the categories described in section 1115(c)(2) of the ESEA, which
include children who are economically disadvantaged, students who are
children with disabilities, migrant students, English learners,
neglected or delinquent students, homeless students, and students who
are in foster care. (2018 NFP)
    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 proportion, when used to refer to Native American students,
means a fact-specific, case-by-case determination based upon the unique
circumstances of a particular charter school or proposed charter
school. The Secretary considers high proportion to include a majority
of Native American students. In addition, the Secretary may determine
that less than a majority of Native American students constitutes a
high proportion based on the unique circumstances of a particular
charter school or proposed charter school, as described in the
application for funds. (2018 NFP)
    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), 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)
    Indian organization means an organization that--
    (1) Is legally established--
    (i) By Tribal or inter-Tribal charter or in accordance with State
or Tribal law; and
    (ii) With appropriate constitution, by-laws, or articles of
incorporation;
    (2) Includes in its purposes the promotion of the education of
Indians;
    (3) Is controlled by a governing board, the majority of which is
Indian;
    (4) If located on an Indian reservation, operates with the sanction
or by charter of the governing body of that reservation;
    (5) Is neither an organization or subdivision of, nor under the
direct control of, any institution of higher education; and
    (6) Is not an agency of State or local government. (2018 NFP)
    Indian Tribe means a federally recognized or a State-recognized
Tribe. (2018 NFP)
    Individual from a low-income family means an individual who is
determined by a State educational agency or local educational agency to
be a child from a low-income family on the basis of (a) data used by
the Secretary to determine allocations under section 1124 of the ESEA,
(b) data on children eligible for free or reduced-price lunches under
the Richard B. Russell National School Lunch Act, (c) data on children
in families receiving assistance under part A of title IV of the Social
Security Act, (d) data on children eligible to receive medical
assistance under the Medicaid program under title XIX of the Social
Security Act, or (e) an alternate method that combines or extrapolates
from the data in items (a) through (d) of this definition. (2018 NFP)
    Institution of higher education means an educational institution in
any State that--
    (1) Admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate, or persons who meet the
requirements of section 484(d)of the HEA;
    (2) Is legally authorized within such State to provide a program of
education beyond secondary education;
    (3) Provides an educational program for which the institution
awards a bachelor's degree or provides not less than a 2-year program
that is acceptable for full credit toward such a degree, or awards a
degree that is acceptable for admission to a graduate or professional
degree program, subject to review and approval by the Secretary;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted preaccreditation status by such an agency or association that
has been recognized by the Secretary for the granting of
preaccreditation status, and the Secretary has determined that there is
satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
(2018 NFP)
    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)
    Native American means an Indian (including an Alaska Native),
Native Hawaiian, or Native American Pacific Islander. (2018 NFP)
    Native American language means the historical, traditional
languages spoken by Native Americans. (2018 NFP)
    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)
    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)
    Rural community means a community that is served by a local
educational agency that is eligible to apply for funds under the Small
Rural School Achievement (SRSA) program or the Rural and Low-Income
School (RLIS) program authorized under title V, part B of the ESEA.
Applicants may determine
[[Page 65138]]
whether a particular local educational agency is eligible for these
programs by referring to information on the following Department
websites. For the SRSA program: https://www2.ed.gov/programs/reapsrsa/eligibility.html. For the RLIS program: www2.ed.gov/programs/reaprlisp/eligibility.html. (2018 NFP)
    Application Requirements: Applications for CSP CMO grant funds must
address the following application requirements. These requirements are
from the 2018 NFP and sections 4303(f)(1) \2\ and 4305(b)(3) of the
ESEA. The source of each requirement is provided in parentheses
following each requirement. An applicant must respond to requirement
(a) in a stand-alone section of the application or in an appendix. For
all other application requirements, an applicant may choose to respond
to each requirement separately or in the context of the applicant's
responses to the selection criteria in section V.2 of this notice.
---------------------------------------------------------------------------
    \2\ Per section 4305(c) of the ESEA, CMO grants shall have the
same terms and conditions as grants awarded to State entities under
section 4303. For clarity, the Department has replaced the term
``State entity'' with ``applicant'' in the requirements that derive
from section 4303.
---------------------------------------------------------------------------
    Applicants for funds under this program must--
    (a) Describe the applicant's objectives in running a quality
charter school program and how the program will be carried out,
including--
    (1) A description of how the applicant will ensure that charter
schools receiving funds under this program meet the educational needs
of their students, including children with disabilities and English
learners (Section 4303(f)(1)(A)(x) of the ESEA); and
    (2) A description of how the applicant will ensure that each
charter school receiving funds under this program has considered and
planned for the transportation needs of the school's students (Section
4303(f)(1)(E) of the ESEA);
    (b) For each charter school currently operated or managed by the
applicant, provide--
    (1) Student assessment results for all students and for each
subgroup of students described in section 1111(c)(2);
    (2) Attendance and student retention rates for the most recently
completed school year and, if applicable, the most recent available
four-year adjusted cohort graduation rates and extended-year adjusted
cohort graduation rates; and
    (3) Information on any significant compliance and management issues
encountered within the last three school years by any school operated
or managed by the eligible entity, including in the areas of student
safety and finance (Section 4305(b)(3)(A) of the ESEA);
    (c) Describe the educational program that the applicant will
implement in each charter school receiving funding under this program,
including--
    (1) Information on how the program will enable all students to meet
the challenging State academic standards;
    (2) The grade levels or ages of students who will be served; and
    (3) The instructional practices that will be used (Section
4305(b)(3)(B)(ii) of the ESEA);
    (d) Demonstrate that the applicant currently operates or manages
more than one charter school. For purposes of this program, multiple
charter schools are considered to be separate schools if each school--
    (1) Meets each element of the definition of charter school under
section 4310(2) of the ESEA; and
    (2) Is treated as a separate school by its authorized public
chartering agency and the State in which the charter school is located,
including for purposes of accountability and reporting under title I,
part A of the ESEA (2018 NFP);
    (e) Provide information regarding any compliance issues, and how
they were resolved, for any charter schools operated or managed by the
applicant that have--
    (1) Closed;
    (2) Had their charter(s) revoked due to problems with statutory or
regulatory compliance, including compliance with sections 4310(2)(G)
and (J) of the ESEA; or
    (3) Had their affiliation with the applicant revoked or terminated,
including through voluntary disaffiliation (2018 NFP);
    (f) Provide a complete logic model for the grant project. The logic
model must include the applicant's objectives for replicating or
expanding one or more high-quality charter schools with funding under
this program, including the number of high-quality charter schools the
applicant proposes to replicate or expand (2018 NFP);
    (g) If the applicant currently operates, or is proposing to
replicate or expand a single-sex charter school or coeducational
charter school that provides a single-sex class or extracurricular
activity (collectively referred to as a ``single-sex educational
program''), demonstrate that the existing or proposed single-sex
educational program is in compliance with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681, et seq.) and its implementing
regulations, including 34 CFR 106.34 (2018 NFP);
    (h) Describe how the applicant currently operates or manages the
high-quality charter schools for which it has presented evidence of
success and how the proposed replicated or expanded charter schools
will be operated or managed, including the legal relationship between
the applicant and its schools. If a legal entity other than the
applicant has entered or will enter into a performance contract with an
authorized public chartering agency to operate or manage one or more of
the applicant's schools, the applicant must also describe its
relationship with that entity (2018 NFP);
    (i) Describe how the applicant will solicit and consider input from
parents and other members of the community on the implementation and
operation of each replicated or expanded charter school, including in
the area of school governance (2018 NFP);
    (j) Describe the lottery and enrollment procedures that will be
used for each replicated or expanded charter school if more students
apply for admission than can be accommodated, including how any
proposed weighted lottery complies with section 4303(c)(3)(A) of the
ESEA (2018 NFP);
    (k) Describe how the applicant will ensure that all eligible
children with disabilities receive a free appropriate public education
in accordance with Part B of the Individuals with Disabilities
Education Act (2018 NFP);
    (l) Describe how the proposed project will assist educationally
disadvantaged students in mastering challenging State academic
standards (2018 NFP);
    (m) Provide a budget narrative, aligned with the activities, target
grant project outputs, and outcomes described in the logic model, that
outlines how grant funds will be expended to carry out planned
activities (2018 NFP);
    (n) Provide the applicant's most recent independently audited
financial statements prepared in accordance with generally accepted
accounting principles (2018 NFP);
    (o) Describe the applicant's policies and procedures to assist
students enrolled in a charter school that closes or loses its charter
to attend other high-quality schools (2018 NFP); and
    (p) Provide--
    (1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the applicant believes are
necessary for the successful operation of the charter schools to be
replicated or expanded; and
    (2) A description of any State or local rules, generally applicable
to public schools, that will be waived, or
[[Page 65139]]
otherwise not apply, to such schools (2018 NFP).
    Assurances: Applications for CSP CMO grant funds must provide the
following assurances. These assurances are from sections 4303(f)(2) and
4305(b)(3)(C) of the ESEA. The source of each assurance is provided in
parentheses following each assurance.
    Applicants for funds under this program must provide the following
assurances:
    (a) The grantee will support charter schools in meeting the
educational needs of their students, as described in section
4303(f)(1)(A)(x) of the ESEA. (Section 4303(f)(2)(B) of the ESEA)
    (b) The grantee will ensure that each charter school receiving
funds under this program makes publicly available, consistent with the
dissemination requirements of the annual State report card under
section 1111(h) of the ESEA, including on the website of the school,
information to help parents make informed decisions about the education
options available to their children, including--
    (1) Information on the educational program;
    (2) Student support services;
    (3) Parent contract requirements (as applicable), including any
financial obligations or fees;
    (4) Enrollment criteria (as applicable); and
    (5) Annual performance and enrollment data for each of the
subgroups of students, as defined in section 1111(c)(2) of the ESEA,
except that such disaggregation of performance and enrollment data
shall not be required in a case in which the number of students in a
group is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student. (Section 4303(f)(2)(G) of the ESEA)
    (c) The eligible entity has sufficient procedures in effect to
ensure timely closure of low-performing or financially mismanaged
charter schools and clear plans and procedures in effect for the
students in such schools to attend other high-quality schools. (Section
4305(b)(3)(C) of the ESEA)
    Program Authority: Title IV, Part C of the ESEA.
    Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 81,
82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement) in 2 CFR part 180, as adopted and amended as
regulations of the Department in 2 CFR part 3485. (c) The Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards in 2 CFR part 200, as adopted and amended as
regulations of the Department in 2 CFR part 3474. (d) The 2018 NFP. (e)
The OZ NFP.
II. Award Information
    Type of Award: Discretionary grants.
    Estimated Available Funds: $65,000,000.
    Contingent upon the availability of funds and the quality of
applications, we may make additional awards in FY 2021 from the list of
unfunded applications from this competition.
    Estimated Range of Awards: $250,000-$15,000,000 per year.
    Estimated Average Size of Awards: $2,000,000 per year.
    Maximum Award: For this competition, the maximum limit of grant
funds that may be awarded per new or expanded charter school is
$1,500,000.
    Estimated Number of Awards: 15-20 awards.
    Note:  The Department is not bound by any estimates in this
notice. The estimated range and average size of awards are based on
a single 12-month budget period. We may use available funds to
support multiple 12-month budget periods for one or more grantees.
    Project Period: Up to 60 months.
    A grant awarded by the Secretary under this competition may be for
a period of not more than five years, of which the grantee may use not
more than 18 months for planning and program design. (Section
4303(d)(1)(B) of the ESEA)
III. Eligibility Information
    1. Eligible Applicants: CMOs. Eligible applicants may apply
individually or as part of a group or consortium.
    2. Cost Sharing or Matching: This competition does not require cost
sharing or matching.
    3. Subgrantees: A grantee under this program may not award
subgrants.
    4. Authorized Costs: Applicants must ensure that all costs included
in the proposed budget are authorized under the CSP and are reasonable
and necessary in light of the goals and objectives of the proposed
project. Any costs determined by the Secretary to be unauthorized, or
otherwise unreasonable or unnecessary, will be removed from the final
approved budget.
    5. Other CSP Grants: A charter school that previously received
funds for replication or expansion under this program, or that has been
awarded a subgrant or grant for opening or preparing to operate a new
charter school, replication, or expansion under the CSP Grants to State
Entities (State Entities) program (CFDA number 84.282A) or CSP Grants
to Developers for the Opening of New Charter Schools and for the
Replication and Expansion of High-quality Charter Schools (Developers)
program (CFDA numbers 84.282B and 84.282E), may not receive funds under
this grant to carry out the same activities. However, such a charter
school may be eligible to receive funds through a CMO grant awarded
under this competition to expand the charter school beyond the existing
grade levels or student count.
    Likewise, a charter school that is included in an approved
application for funding under this competition is ineligible to receive
a subgrant or grant to carry out the same activities under the State
Entities program (CFDA number 84.282A) or Developers program (CFDA
numbers 84.282B and 84.282E), including for opening or preparing to
operate a new charter school or for replication or expansion of a high-
quality charter school.
IV. Application and Submission Instructions
    1. Application Submission Instructions: For information on how to
submit an application please refer to our Common Instructions for
Applicants to Department of Education Discretionary Grant Programs,
published in the Federal Register on February 13, 2019 (84 FR 3768) and
available at www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
    2. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the CMO 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, 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.
[[Page 65140]]
For additional information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this competition.
    4. Funding Restrictions: Grantees under this program must use the
grant funds to replicate or expand the charter school model or models
for which the applicant has presented evidence of success.
Specifically, grant funds must be used to carry out allowable
activities, as described in section 4305(b)(1) of the ESEA. In
addition, grant funds must be used to carry out one or more of the
activities described in section 4303(h), which include--
    (a) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying costs
associated with--
    (1) Providing professional development; and
    (2) Hiring and compensating, during the applicant's planning period
specified in the application for funds, one or more of the following:
    (i) Teachers.
    (ii) School leaders.
    (iii) Specialized instructional support personnel;
    (b) Acquiring supplies, training, equipment (including technology),
and educational materials (including developing and acquiring
instructional materials);
    (c) Carrying out necessary renovations to ensure that a new school
building complies with applicable statutes and regulations, and minor
facilities repairs (excluding construction);
    (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; and
    (f) Providing for other appropriate, non-sustained costs related to
the replication or expansion of high-quality charter schools when such
costs cannot be met from other sources.
    Further, under section 4305(b)(1) of the ESEA, CMO grant funds must
be used to open and prepare for the operation of one or more replicated
high-quality charter schools or to expand one or more high-quality
charter schools. Within the context of opening and preparing for the
operation of one or more replicated high-quality charter schools or
expanding one or more high-quality charter schools, a portion of grant
funds can be used for appropriate, non-sustained costs associated with
the expansion or improvement of the grantee's oversight or management
of its charter schools, provided that (i) the specific charter schools
being replicated or expanded under the grant are the intended
beneficiaries of such expansion or improvement; (ii) such expansion or
improvement is intended to improve the grantee's ability to manage or
oversee the charter schools being replicated or expanded under the
grant; and (iii) the costs cannot be met from other sources. In order
to use grant funds for this purpose, an applicant must describe how the
proposed costs are necessary to meet the objectives of the project and
reasonable in light of the overall cost of the project.
    We reference additional regulations outlining funding restrictions
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to no more than 60 pages and (2) use the
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
    The recommended page limit does not apply to Part I, the cover
sheet; Part II, the budget section, including the narrative budget
justification; Part IV, the assurances and certifications; or the one-
page abstract, the resumes, the bibliography, or the letters of
support. However, the recommended page limit does apply to all of the
application narrative.
V. Application Review Information
    1. Selection Criteria. The selection criteria are from the 2018 NFP
and 34 CFR 75.210. The source of each selection criterion is included
in parentheses. The maximum possible score for addressing all of the
criteria in this section is 100 points. The maximum possible score for
addressing each criterion is indicated in parentheses following the
criterion.
    In evaluating an application, the Secretary considers the following
criteria:
    (a) Quality of the eligible applicant and adequacy of resources (40
points).
    In determining the quality of the eligible applicant, the Secretary
considers the following factors:
    (1) The extent to which the academic achievement results (including
annual student performance on statewide assessments, annual student
attendance and retention rates, and, where applicable and available,
student academic growth, high school graduation rates, college
attendance rates, and college persistence rates) for educationally
disadvantaged students served by the charter schools operated or
managed by the applicant have exceeded the average academic achievement
results for such students served by other public schools in the State
(10 points). (2018 NFP)
    (2) The extent to which one or more charter schools operated or
managed by the applicant have closed; have had a charter revoked due to
noncompliance with statutory or regulatory requirements; or have had
their affiliation with the applicant revoked or terminated, including
through voluntary disaffiliation (10 points). (2018 NFP)
    (3) The extent to which one or more charter schools operated or
managed by the applicant have had any significant issues in the area of
financial or operational management or student safety, or have
otherwise experienced significant problems with statutory or regulatory
compliance that could lead to revocation of the school's charter (10
points). (2018 NFP)
    (4) The potential for continued support of the project after
Federal funding ends, including, as appropriate, the demonstrated
commitment of appropriate entities to such support (10 points). (34 CFR
75.210)
    (b) Significance of contribution in assisting educationally
disadvantaged students (20 points).
    In determining the significance of the contribution the proposed
project will make in expanding educational opportunities for
educationally disadvantaged students and enabling those students to
meet challenging State academic standards, the Secretary considers the
following factors:
    (1) The extent to which charter schools currently operated or
managed by the applicant serve educationally disadvantaged students,
particularly students with disabilities and English learners, at rates
comparable to surrounding public schools or, in the
[[Page 65141]]
case of virtual charter schools, at rates comparable to public schools
in the State (10 points). (2018 NFP)
    (2) The quality of the plan to ensure that the charter schools the
applicant proposes to replicate or expand will recruit, enroll, and
effectively serve educationally disadvantaged students, particularly
students with disabilities and English learners (10 points). (2018 NFP)
    (c) Quality of the project design and evaluation plan for the
proposed project (30 points).
    In determining the quality of the evaluation plan for the proposed
project, the Secretary considers the following factors:
    (1) The extent to which there is a conceptual framework underlying
the proposed research or demonstration activities and the quality of
that framework (5 points). (34 CFR 75.210)
    (2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the proposed project, as described in the
applicant's logic model, and that will produce quantitative and
qualitative data by the end of the grant period (10 points). (2018 NFP)
    (3) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable
(5 points). (34 CFR 75.210)
    (4) The extent to which the design for implementing and evaluating
the proposed project will result in information to guide possible
replication of project activities or strategies, including information
about the effectiveness of the approach or strategies employed by the
project (10 points). (34 CFR 75.210)
    (d) Quality of the project personnel and management plan (10
points).
    (1) In determining the quality of project personnel, the Secretary
considers the extent to which the applicant encourages applications for
employment from persons who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability.
    (2) In addition, in determining the quality of project personnel
and management plan, the Secretary considers:
    (i) The qualifications, including relevant training and experience,
of key project personnel (5 points). (34 CFR 75.210)
    (ii) The adequacy of procedures for ensuring feedback and
continuous improvement in the operation of the proposed project (5
points). (34 CFR 75.210)
    2. Review and Selection Process: We remind potential applicants
that in reviewing applications under any discretionary grant
competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the
past performance of the applicant in carrying out a previous award,
such as the applicant's use of funds, achievement of project
objectives, and compliance with grant conditions. The Secretary may
also consider whether the applicant failed to submit a timely
performance report or submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.205, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
3474.10, 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.
    4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
VI. Award Administration Information
    1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
    If your application is not evaluated or not selected for funding,
we notify you.
    2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
[[Page 65142]]
    (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 annual
performance reports that provide the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee
with additional funding for data collection analysis and reporting. In
this case the Secretary establishes a data collection period.
    5. Performance Measures: (a) Program Performance Measures. The
program performance measures are: (1) The number of charter schools in
operation around the Nation; (2) the percentage of fourth- and eighth-
grade charter school students who are achieving at or above the
proficient level on State assessments in mathematics and reading/
language arts; and (3) the Federal cost per student in implementing a
successful school (defined as a school in operation for three or more
consecutive years).
    (b) Project-Specific Performance Measures. Applicants must propose
project-specific performance measures and performance targets
consistent with the objectives of the proposed project. Applicants must
provide the following information as directed under 34 CFR 75.110(b)
and (c):
    (1) Performance measures. How each proposed performance measure
would accurately measure the performance of the project and how the
proposed performance measure would be consistent with the performance
measures established for the program funding the competition.
    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii)
if the applicant has determined that there are no established baseline
data for a particular performance measure, an explanation of why there
is no established baseline and of how and when, during the project
period, the applicant would establish a valid baseline for the
performance measure.
    (3) Performance targets. Why each proposed performance target is
ambitious yet achievable compared to the baseline for the performance
measure and when, during the project period, the applicant would meet
the performance target(s).
    (4) Data collection and reporting. (i) The data collection and
reporting methods the applicant would use and why those methods are
likely to yield reliable, valid, and meaningful performance data; and
(ii) the applicant's capacity to collect and report reliable, valid,
and meaningful performance data, as evidenced by high-quality data
collection, analysis, and reporting in other projects or research.
    All grantees must submit annual performance reports with
information that is responsive to these performance measures.
    6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things, whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, the
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Other Information
    Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or compact disc) on request to
the program contact person listed under FOR FURTHER INFORMATION
CONTACT.
    Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
    You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
    Dated: November 21, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-25739 Filed 11-25-19; 8:45 am]
 BILLING CODE 4000-01-P