Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State Entities

Published date27 January 2020
Citation85 FR 4642
Record Number2020-01324
SectionNotices
CourtEducation Department
Federal Register, Volume 85 Issue 17 (Monday, January 27, 2020)
[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
                [Notices]
                [Pages 4642-4651]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-01324]
                [[Page 4642]]
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                DEPARTMENT OF EDUCATION
                Applications for New Awards; Expanding Opportunity Through
                Quality Charter Schools Program (CSP)--Grants to State Entities
                AGENCY: Office of Elementary and Secondary Education, Department of
                Education.
                ACTION: Notice.
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                SUMMARY: The Department of Education is issuing a notice inviting
                applications for fiscal year (FY) 2020 for CSP Grants to State
                Entities, Catalog of Federal Domestic Assistance (CFDA) number 84.282A.
                This notice relates to the approved information collection under OMB
                control number 1894-0006.
                DATES:
                 Applications Available: January 27, 2020.
                 Date of Pre-Application Webinar: January 30, 2020, 2:00 p.m.,
                Eastern Time.
                 Deadline for Transmittal of Applications: April 13, 2020.
                 Deadline for Intergovernmental Review: June 10, 2020.
                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
                https://www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
                FOR FURTHER INFORMATION CONTACT: Ashley Gardner, U.S. Department of
                Education, 400 Maryland Avenue SW, Room 3E113, Washington, DC 20202-
                5970. Telephone: (202) 453-6787. 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: The major purposes of the CSP are to expand
                opportunities for all students, particularly traditionally underserved
                students, to attend public charter schools \1\ and meet challenging
                State academic standards; provide financial assistance for the
                planning, program design, and initial implementation of charter
                schools; increase the number of high-quality charter schools available
                to students across the United States; evaluate the impact of charter
                schools on student achievement, families, and communities; share best
                practices between charter schools and other public schools; encourage
                States to provide facilities support to charter schools; and support
                efforts to strengthen the charter school authorizing process.
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                 \1\ The statutory or regulatory definitions for italicized terms
                are provided in the Definitions section of this notice.
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                 Through the CSP Grants to State Entities (CSP State Entities)
                competition (CFDA number 84.282A), the Department awards grants to
                State entities that, in turn, award subgrants to eligible applicants
                for the purpose of opening new charter schools and replicating and
                expanding high-quality charter schools. Grant funds may also be used to
                provide technical assistance to eligible applicants and authorized
                public chartering agencies in opening new charter schools and
                replicating and expanding high-quality charter schools; and to work
                with authorized public chartering agencies in the State to improve
                authorizing quality, including developing capacity for, and conducting,
                fiscal oversight and auditing of charter schools.
                 Background: The CSP State Entities program provides financial
                assistance to State entities to support charter schools that serve
                elementary and secondary school students in a given State. Charter
                schools receiving funds under the CSP State Entities program also may
                serve students in early childhood education programs or postsecondary
                students.
                 The CSP State Entities program is authorized under Title IV, Part C
                of the Elementary and Secondary Education Act of 1965, as amended by
                the Every Student Succeeds Act (ESEA) (20 U.S.C. 7221-7221j). This
                notice contains information regarding eligibility, priorities,
                definitions, application requirements, and selection criteria under the
                CSP State Entities program.
                 All charter schools receiving CSP funds must meet each element of
                the definition of charter school in section 4310(2) of the ESEA,
                including the requirement to comply 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, section 444 of the
                General Education Provisions Act (GEPA), and part B of the Individuals
                with Disabilities Education Act (IDEA).
                 Priorities: This notice includes seven competitive preference
                priorities. In accordance with 34 CFR 75.105(b)(2)(iv), Competitive
                Preference Priority 1 is from the notice of final priority, published
                in the Federal Register on November 27, 2019 (84 FR 65300) (Opportunity
                Zones NFP), and Competitive Preference Priorities 2-7 are from section
                4303(g)(2) of the ESEA.
                 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:
                 An additional four points to an application that meets
                Competitive Preference Priority 1;
                 An additional two points to an application that meets
                Competitive Preference Priority 2; and
                 Up to an additional 16 points to an application, depending
                on whether and how well the application addresses Competitive
                Preference Priorities 3-7.
                 An application may receive a total of up to 22 additional points
                under the competitive preference priorities.
                 These priorities are:
                 Competitive Preference Priority 1--Spurring Investment in Qualified
                Opportunity Zones (0 or 4 points).
                 Under this priority, an applicant must demonstrate that 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--
                 (a) Provide the census tract number of the Qualified Opportunity
                Zone(s) in which it proposes to provide services; and
                 (b) Describe how the applicant will provide services in the
                Qualified Opportunity Zone(s).
                 Note: In responding to this priority, an applicant is encouraged to
                explain how it will encourage prospective subgrantees to open,
                replicate, or expand one or more charter schools in a Qualified
                Opportunity Zone and how that might align to the application
                requirement response for (I)(C)(i).
                 Competitive Preference Priority 2--At Least One Authorized Public
                Chartering Agency Other than a Local Educational Agency, or an Appeals
                Process (0 or 2 points).
                 To meet this priority, an applicant must demonstrate that it is
                located in a State that--
                 (a) Allows at least one entity that is not a local educational
                agency (LEA) to be an authorized public chartering agency for
                developers seeking to open a charter school in the State; or
                 (b) In the case of a State in which LEAs are the only authorized
                public chartering agencies, the State has an
                [[Page 4643]]
                appeals process for the denial of an application for a charter school.
                 Competitive Preference Priority 3--Equitable Financing (up to 3
                points).
                 To be eligible to receive points under this priority, an applicant
                must demonstrate the extent to which the State in which it is located
                ensures equitable financing, as compared to traditional public schools,
                for charter schools and students in a prompt manner.
                 Competitive Preference Priority 4--Charter School Facilities (up to
                4 points).
                 To be eligible to receive points under this priority, an applicant
                must demonstrate the extent to which the State in which it is located
                provides charter schools one or more of the following:
                 (a) Funding for facilities.
                 (b) Assistance with facilities acquisition.
                 (c) Access to public facilities.
                 (d) The ability to share in bonds or mill levies.
                 (e) The right of first refusal to purchase public school buildings.
                 (f) Low- or no-cost leasing privileges.
                 Competitive Preference Priority 5--Best Practices to Improve
                Struggling Schools and LEAs (up to 2 points).
                 To be eligible to receive points under this priority, an applicant
                must demonstrate the extent to which the State in which it is located
                uses best practices from charter schools to help improve struggling
                schools and LEAs.
                 Competitive Preference Priority 6--Serving At-Risk Students (up to
                3 points).
                 To be eligible to receive points under this priority, an applicant
                must demonstrate the extent to which it supports charter schools that
                serve at-risk students through activities such as dropout prevention,
                dropout recovery, or comprehensive career counseling services.
                 Competitive Preference Priority 7--Best Practices for Charter
                School Authorizing (up to 4 points).
                 To be eligible to receive points under this priority, an applicant
                must demonstrate the extent to which it has taken steps to ensure that
                all authorized public chartering agencies implement best practices for
                charter school authorizing.
                 Note: For purposes of this competition, ``best practices for
                charter school authorizing'' includes, but is not limited to, the
                practices for monitoring charter schools described in Assurance (E) in
                paragraph (II) below.
                 Application Requirements:
                 These application requirements are from section 4303(f) of the ESEA
                (20 U.S.C. 7221b(f)). The Department will reject an application that
                does not meet each application requirement.
                 In responding to the application requirements, applicants must
                clearly identify which application requirement they are addressing. An
                applicant must respond to requirements (I)(A)(1), (I)(A)(7), (I)(A)(9),
                (I)(B)(2), and (I)(B)(3) in its response to paragraph (a)(1) of the
                Quality of the Project Design selection criterion; requirements
                (I)(A)(2), (I)(A)(13),(I)(C), (I)(E), and (I)(G) in its response to the
                Quality of Eligible Subgrant Applicants selection criterion;
                requirements (I)(A)(6) and (I)(A)(10) in its response to paragraph
                (c)(1) of the State Plan selection criterion; requirements (I)(A)(3),
                (I)(A)(4), (I)(A)(8), and (I)(A)(11) in its response to paragraph
                (c)(3) of the State Plan selection criterion; and requirement (I)(D) in
                its response to paragraph (d)(1) of the Quality of the Management Plan
                selection criterion. An applicant must respond to the application
                requirements in paragraph (I) that are not listed above in the Project
                Narrative.
                 Applications for funding under the CSP State Entities program must
                contain the following:
                 (I) Description of Program--A description of the State entity's
                objectives in running a quality charter school program and how the
                objectives of the program will be carried out, including--
                 (A) A description of how the State entity will--
                 (1) Support the opening of charter schools through the startup of
                new charter schools and, if applicable, the replication of high-quality
                charter schools, and the expansion of high-quality charter schools
                (including the proposed number of new charter schools to be opened,
                high-quality charter schools to be opened as a result of the
                replication of a high-quality charter school, or high-quality charter
                schools to be expanded under the State entity's program);
                 (2) Inform eligible charter schools, developers, and authorized
                public chartering agencies of the availability of funds under the
                program;
                 (3) Work with eligible applicants to ensure that the eligible
                applicants access all Federal funds that such applicants are eligible
                to receive, and help the charter schools supported by the applicants
                and the students attending those charter schools--
                 (a) Participate in the Federal programs in which the schools and
                students are eligible to participate;
                 (b) Receive the commensurate share of Federal funds the schools and
                students are eligible to receive under such programs; and
                 (c) Meet the needs of students served under such programs,
                including students with disabilities \2\ and English learners;
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                 \2\ For purposes of this competition, ``students with
                disabilities'' or ``student with a disability'' has the same meaning
                as children with disabilities or child with a disability.
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                 (4) Ensure that authorized public chartering agencies, in
                collaboration with surrounding LEAs where applicable, establish clear
                plans and procedures to assist students enrolled in a charter school
                that closes or loses its charter to attend other high-quality schools;
                 (5) In the case of a State entity that is not a State educational
                agency (SEA)--
                 (a) Work with the SEA and charter schools in the State to maximize
                charter school participation in Federal and State programs for which
                charter schools are eligible; and
                 (b) Work with the SEA to operate the State entity's program under
                section 4303 of the ESEA, if applicable;
                 (6) Ensure that each eligible applicant that receives a subgrant
                under the State entity's program--
                 (a) Is using funds provided under this program for one of the
                activities described in section 4303(b)(1) of the ESEA; and
                 (b) Is prepared to continue to operate charter schools funded under
                section 4303 of the ESEA in a manner consistent with the eligible
                applicant's application for such subgrant once the subgrant funds under
                this program are no longer available;
                 (7) Support--
                 (a) Charter schools in LEAs with a significant number of schools
                identified by the State for comprehensive support and improvement under
                section 1111(c)(4)(D)(i) of the ESEA; and
                 (b) The use of charter schools to improve struggling schools, or to
                turn around struggling schools;
                 (8) Work with charter schools on--
                 (a) Recruitment and enrollment practices to promote inclusion of
                all students, including by eliminating any barriers to enrollment for
                educationally disadvantaged students (who include foster youth and
                unaccompanied homeless youth); and
                 (b) Supporting all students once they are enrolled to promote
                retention, including by reducing the overuse of discipline practices
                that remove students from the classroom;
                 (9) Share best and promising practices between charter schools and
                other public schools;
                 (10) Ensure that charter schools receiving funds under the State
                entity's
                [[Page 4644]]
                program meet the educational needs of their students, including
                children with disabilities and English learners;
                 (11) Support efforts to increase charter school quality
                initiatives, including meeting the quality authorizing elements
                described in section 4303(f)(2)(E) of the ESEA;
                 (12)(a) In the case of a State entity that is not a charter school
                support organization, a description of how the State entity will
                provide oversight of authorizing activity, including how the State will
                help ensure better authorizing, such as by establishing authorizing
                standards that may include approving, monitoring, and re-approving or
                revoking the authority of an authorized public chartering agency based
                on the performance of the charter schools authorized by such agency in
                the areas of student achievement, student safety, financial and
                operational management, and compliance with all applicable statutes and
                regulations; and
                 (b) In the case of a State entity that is a charter school support
                organization, a description of how the State entity will work with the
                State to support the State's system of technical assistance and
                oversight, as described in paragraph (a), of the authorizing activity
                of authorized public chartering agencies; and
                 (13) Work with eligible applicants receiving a subgrant under the
                State entity's program to support the opening of new charter schools or
                charter school models described in application requirement (I)(A)(1)
                that are high schools;
                 (B) A description of the extent to which the State entity--
                 (1) Is able to meet and carry out Competitive Preference Priorities
                2 through 7; \3\
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                 \3\ In accordance with 34 CFR 105(c)(2)(i), applications are not
                required to address competitive preference priorities but may
                receive additional points if they do so. However, to meet this
                application requirement, the State entity must describe the extent
                to which it is able to meet and carry out competitive preference
                priorities 2 through 7. If the State entity is unable to meet and
                carry out one or more of these competitive preference priorities,
                the description for that priority should state that the State entity
                is unable to meet or carry out the priority.
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                 (2) Is working to develop or strengthen a cohesive statewide system
                to support the opening of new charter schools and, if applicable, the
                replication of high-quality charter schools, and the expansion of high-
                quality charter schools; and
                 (3) Is working to develop or strengthen a cohesive strategy to
                encourage collaboration between charter schools and LEAs on the sharing
                of best practices;
                 (C) A description of how the State entity will award subgrants, on
                a competitive basis, including--
                 (1) A description of the application each eligible applicant
                desiring to receive a subgrant will be required to submit, which
                application shall include--
                 (a) A description of the roles and responsibilities of eligible
                applicants, partner organizations, and charter management
                organizations, including the administrative and contractual roles and
                responsibilities of such partners;
                 (b) A description of the quality controls agreed to between the
                eligible applicant and the authorized public chartering agency
                involved, such as a contract or performance agreement, how a school's
                performance in the State's accountability system and impact on student
                achievement (which may include student academic growth) will be one of
                the most important factors for renewal or revocation of the school's
                charter, and how the State entity and the authorized public chartering
                agency involved will reserve the right to revoke or not renew a
                school's charter based on financial, structural, or operational factors
                involving the management of the school;
                 (c) A description of how the autonomy and flexibility granted to a
                charter school is consistent with the definition of charter school in
                section 4310 of the ESEA;
                 (d) A description of how the eligible applicant will solicit and
                consider input from parents and other members of the community on the
                implementation and operation of each charter school that will receive
                funds under the State entity's program;
                 (e) A description of the eligible applicant's planned activities
                and expenditures of subgrant funds to support opening and preparing for
                the operation of new charter schools, opening and preparing for the
                operation of replicated high-quality charter schools, or expanding
                high-quality charter schools, and how the eligible applicant will
                maintain financial sustainability after the end of the subgrant period;
                and
                 (f) A description of how the eligible applicant will support the
                use of effective parent, family, and community engagement strategies to
                operate each charter school that will receive funds under the State
                entity's program; and
                 (2) A description of how the State entity will review applications
                from eligible applicants;
                 (D) In the case of a State entity that partners with an outside
                organization to carry out the State entity's quality charter school
                program, in whole or in part, a description of the roles and
                responsibilities of the partner;
                 (E) A description of how the State entity will ensure that each
                charter school receiving funds under the State entity's program has
                considered and planned for the transportation needs of the school's
                students;
                 (F) A description of how the State in which the State entity is
                located addresses charter schools in the State's open meetings and open
                records laws; and
                 (G) A description of how the State entity will support diverse
                charter school models, including models that serve rural communities.
                 (II) Assurances--Assurances that--
                 (A) Each charter school receiving funds through the State entity's
                program will have a high degree of autonomy over budget and operations,
                including autonomy over personnel decisions;
                 (B) The State entity will support charter schools in meeting the
                educational needs of their students, including children with
                disabilities and English learners;
                 (C) The State entity will ensure that the authorized public
                chartering agency of any charter school that receives funds under the
                State entity's program adequately monitors each charter school under
                the authority of such agency in recruiting, enrolling, retaining, and
                meeting the needs of all students, including children with disabilities
                and English learners;
                 (D) The State entity will provide adequate technical assistance to
                eligible applicants to meet the objectives described in application
                requirement (I)(A)(8);
                 (E) The State entity will promote quality authorizing, consistent
                with State law, such as through providing technical assistance to
                support each authorized public chartering agency in the State to
                improve such agency's ability to monitor the charter schools authorized
                by the agency, including by--
                 (1) Assessing annual performance data of the schools, including, as
                appropriate, graduation rates, student academic growth, and rates of
                student attrition;
                 (2) Reviewing the schools' independent, annual audits of financial
                statements prepared in accordance with generally accepted accounting
                principles and ensuring that any such audits are publically reported;
                and
                 (3) Holding charter schools accountable to the academic, financial,
                and operational quality controls agreed to between the charter school
                and the authorized public chartering agency
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                involved, such as renewal, non-renewal, or revocation of the school's
                charter;
                 (F) The State entity will work to ensure that charter schools are
                included with the traditional public schools in decisionmaking about
                the public school system in the State; and
                 (G) The State entity will ensure that each charter school receiving
                funds under the State entity's program makes publicly available,
                consistent with the dissemination requirements of the annual State
                report card under section 1111(h) of the ESEA, including on the website
                of the school, information to help parents make informed decisions
                about the education options available to their children, including--
                 (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.
                 (III) Waivers--Requests for information about waivers, including--
                 (A) A request and justification for waivers of any Federal
                statutory or regulatory provisions that the State entity believes are
                necessary for the successful operation of the charter schools that will
                receive funds under the State entity's program under section 4303 of
                the ESEA or, in the case of a State entity that is a charter school
                support organization, a description of how the State entity will work
                with the State to request such necessary waivers, where applicable; and
                 (B) A description of any State or local rules, generally applicable
                to public schools, that will be waived or otherwise not apply to such
                schools.
                 Definitions:
                 The following definitions are from sections 4303(a), 4310, and 8101
                of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); and 34 CFR 77.1.
                 Ambitious means promoting continued, meaningful improvement for
                program participants or for other individuals or entities affected by
                the grant, or representing a significant advancement in the field of
                education research, practices, or methodologies. When used to describe
                a performance target, whether a performance target is ambitious depends
                upon the context of the relevant performance measure and the baseline
                for that measure (34 CFR 77.1).
                 Authorized public chartering agency means 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 (ESEA section 4310(1)).
                 Baseline means the starting point from which performance is
                measured and targets are set (34 CFR 77.1).
                 Charter school means a public school that--
                 (a) 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;
                 (b) 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;
                 (c) 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;
                 (d) Provides a program of elementary or secondary education, or
                both;
                 (e) Is nonsectarian in its programs, admissions policies,
                employment practices, and all other operations, and is not affiliated
                with a sectarian school or religious institution;
                 (f) Does not charge tuition;
                 (g) Complies with the Age Discrimination Act of 1975, title VI of
                the Civil Rights Act of 1964, title IX of the Education Amendments of
                1972, section 504 of the Rehabilitation Act of 1973, the Americans with
                Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA
                (20 U.S.C. 1232g) (commonly referred to as the ``Family Educational
                Rights and Privacy Act of 1974''), and part B of the IDEA;
                 (h) Is a school to which parents choose to send their children, and
                that--
                 (1) 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
                 (2) 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 (1);
                 (i) 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;
                 (j) Meets all applicable Federal, State, and local health and
                safety requirements;
                 (k) Operates in accordance with State law;
                 (l) 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
                 (m) May serve students in early childhood education programs or
                postsecondary students (ESEA section 4310(2)).
                 Charter management organization means a nonprofit organization that
                operates or manages a network of charter schools linked by centralized
                support, operations, and oversight (ESEA section 4310(3)).
                 Charter school support organization means a nonprofit, non-
                governmental entity that is not an authorized public chartering agency
                and provides, on a statewide basis--
                 (a) Assistance to developers during the planning, program design,
                and initial implementation of a charter school; and
                 (b) Technical assistance to operating charter schools (ESEA section
                4310(4)).
                 Child with a disability means--
                 (a) A child (1) with intellectual disabilities, hearing impairments
                (including deafness), speech or language impairments, visual
                impairments (including blindness), serious emotional disturbance
                (referred to as ``emotional disturbance''), orthopedic impairments,
                autism, traumatic brain injury, other health impairments, or specific
                learning disabilities; and (2) who, by reason thereof, needs special
                education and related services.
                 (b) For a child aged 3 through 9 (or any subset of that age range,
                including ages 3 through 5), may, at the discretion of the State and
                the LEA, include a child (1) experiencing developmental delays, as
                defined by the State and as
                [[Page 4646]]
                measured by appropriate diagnostic instruments and procedures, in one
                or more of the following areas: physical development; cognitive
                development; communication development; social or emotional
                development; or adaptive development; and (2) who, by reason thereof,
                needs special education and related services (ESEA section 8101(4)).
                 Demonstrates a rationale means a key project component included in
                the project's logic model is informed by research or evaluation
                findings that suggest the project component is likely to improve
                relevant outcomes (34 CFR 77.1).
                 Developer means an individual or group of individuals (including a
                public or private nonprofit organization), which may include teachers,
                administrators and other school staff, parents, or other members of the
                local community in which a charter school project will be carried out
                (ESEA section 4310(5)).
                 Early childhood education program means (a) a Head Start program or
                an Early Head Start program carried out under the Head Start Act (42
                U.S.C. 9831 et seq.), including a migrant or seasonal Head Start
                program, an Indian Head Start program, or a Head Start program or an
                Early Head Start program that also receives State funding; (b) a State
                licensed or regulated child care program; or (c) a program that (1)
                serves children from birth through age six that addresses the
                children's cognitive (including language, early literacy, and early
                mathematics), social, emotional, and physical development; and (2) is
                (i) a State prekindergarten program; (ii) a program authorized under
                section 619 or part C of the IDEA; or (iii) a program operated by an
                LEA (ESEA section 8101(16)).
                 Eligible applicant means a developer that has--
                 (a) Applied to an authorized public chartering authority to operate
                a charter school; and
                 (b) Provided adequate and timely notice to that authority (ESEA
                section 4310(6)).
                 English learner, when used with respect to an individual, means an
                individual--
                 (a) Who is aged 3 through 21;
                 (b) Who is enrolled or preparing to enroll in an elementary school
                or secondary school;
                 (c)(1) Who was not born in the United States or whose native
                language is a language other than English;
                 (2)(i) Who is a Native American or Alaska Native, or a native
                resident of the outlying areas; and
                 (ii) Who comes from an environment where a language other than
                English has had a significant impact on the individual's level of
                English language proficiency; or
                 (3) Who is migratory, whose native language is a language other
                than English, and who comes from an environment where a language other
                than English is dominant; and
                 (d) Whose difficulties in speaking, reading, writing, or
                understanding the English language may be sufficient to deny the
                individual--
                 (1) The ability to meet the challenging State academic standards;
                 (2) The ability to successfully achieve in classrooms where the
                language of instruction is English; or
                 (3) The opportunity to participate fully in society (ESEA section
                8101(20)).
                 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 (ESEA section 4310(7)).
                 High-quality charter school means a charter school that--
                 (a) Shows evidence of strong academic results, which may include
                strong student academic growth, as determined by a State;
                 (b) Has no significant issues in the areas of student safety,
                financial and operational management, or statutory or regulatory
                compliance;
                 (c) Has demonstrated success in significantly increasing student
                academic achievement, including graduation rates where applicable, for
                all students served by the charter school; and
                 (d) Has demonstrated success in increasing student academic
                achievement, including graduation rates where applicable, for each of
                the subgroups of students, as defined in section 1111(c)(2) of the
                ESEA, except that such demonstration is not required in a case in which
                the number of students in a group is insufficient to yield
                statistically reliable information or the results would reveal
                personally identifiable information about an individual student (ESEA
                section 4310(8)).
                 Logic model (also referred to as theory of action) means a
                framework that identifies key project components of the proposed
                project (i.e., the active ``ingredients'' that are hypothesized to be
                critical to achieving the relevant outcomes) and describes the
                theoretical and operational relationships among the key project
                components and relevant outcomes (34 CFR 77.1).
                 Parent includes a legal guardian or other person standing in loco
                parentis (such as a grandparent or stepparent with whom the child
                lives, or a person who is legally responsible for the child's welfare)
                (ESEA section 8101(38)).
                 Performance measure means any quantitative indicator, statistic, or
                metric used to gauge program or project performance (34 CFR 77.1).
                 Performance target means a level of performance that an applicant
                would seek to meet during the course of a project or as a result of a
                project (34 CFR 77.1).
                 Project component means an activity, strategy, intervention,
                process, product, practice, or policy included in a project. Evidence
                may pertain to an individual project component or to a combination of
                project components (e.g., training teachers on instructional practices
                for English learners and follow-on coaching for these teachers) (34 CFR
                77.1).
                 Relevant outcome means the student outcome(s) or other outcome(s)
                the key project component is designed to improve, consistent with the
                specific goals of the program (34 CFR 77.1).
                 Replicate, when used with respect to a high-quality charter school,
                means to open a new charter school, or a new campus of a high-quality
                charter school, based on the educational model of an existing high-
                quality charter school, under an existing charter or an additional
                charter, if permitted or required by State law (ESEA section 4310(9)).
                 State means each of the 50 States, the District of Columbia, the
                Commonwealth of Puerto Rico, and each of the outlying areas (ESEA
                section 8101(48)).
                 State educational agency means the agency primarily responsible for
                the State supervision of public elementary schools and secondary
                schools (ESEA section 8101(49)).
                 State entity means--
                 (a) A State educational agency;
                 (b) A State charter school board;
                 (c) A Governor of a State; or
                 (d) A charter school support organization (ESEA section 4303(a)).
                 Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
                7221j).
                 Applicable Regulations: (a) The Education Department General
                Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84,
                97, 98, and 99. (b) The Office of Management and Budget Guidelines to
                Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
                2 CFR part 180, as adopted and amended as regulations of the Department
                in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
                Principles, and Audit Requirements for Federal Awards in 2 CFR part
                200, as adopted and amended as regulations of
                [[Page 4647]]
                the Department in 2 CFR part 3474. (d) The Opportunity Zones NFP.
                II. Award Information
                 Type of Award: Discretionary grant.
                 Estimated Available Funds: $82,000,000.
                 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 $25,000,000 per year.
                 Estimated Average Size of Awards: $10,000,000 per year.
                 Maximum Award: See section III.4(a) of this notice, Reasonable and
                Necessary Costs, for information regarding the maximum amount of funds
                that State Entities may award for each charter school receiving
                subgrant funds.
                 Estimated Number of Awards: 3-6.
                 Note: The Department is not bound by any estimates in this notice.
                The estimated range and average size of awards are based on a single
                12-month budget period. We may use FY 2020 funds to support multiple
                12-month budget periods for one or more grantees.
                 Project Period: Up to 60 months.
                III. Eligibility Information
                 1. Eligible Entities: State entities in States with a specific
                State statute authorizing the granting of charters to schools.
                 Under section 4303(e)(1) of the ESEA, no State entity may receive a
                grant under this competition for use in a State in which a State entity
                is currently using a CSP State Entities grant. Accordingly, State
                entities in States in which a State entity has a current CSP State
                Entities grant that is not in its final budget period (i.e., Alabama,
                Arizona, Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland,
                Michigan, Minnesota, Mississippi, New Hampshire, New Mexico, New York,
                North Carolina, Oklahoma, Rhode Island, Washington, and Wisconsin) are
                ineligible to apply for a CSP State Entities grant under this
                competition. State entities in States in which a State entity has a
                current CSP State Entity grant that is in its final budget period
                (i.e., Texas), however, are eligible to apply for a new CSP State
                Entity grant under this competition.
                 Consistent with section 4303(e)(1), if a State entity is approved
                for a new CSP State Entities grant under this competition for use in a
                State in which a State entity has a current CSP State Entities grant
                that is in its final budget period, all funding under the current CSP
                State Entities grant must be obligated prior to the end of the final
                budget period. Likewise, if multiple State entities in a State submit
                applications that receive high enough scores to be recommended for
                funding under this competition, only the highest-scoring application
                among such State entities would be funded.
                 State entities in States in which an SEA has a current CSP Grant
                for SEAs that was awarded under the No Child Left Behind Act of 2001
                (i.e., prior to FY 2017) are eligible to apply for a CSP State Entities
                grant under this competition, so long as no other State entity in the
                State has a current CSP State Entities grant that is not in its final
                budget period.
                 2. Cost Sharing or Matching: This program does not require cost
                sharing or matching.
                 3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a
                State entity may award subgrants to eligible applicants and technical
                assistance providers.
                 (b) Under section 4303(d)(2) of the ESEA, a State entity awarding
                subgrants to eligible applicants must use a peer-review process to
                review applications.
                 Note: An eligible applicant (i.e., charter school developer or
                charter school) in a State in which no State entity has an approved
                grant application under section 4303 of the ESEA may apply for funding
                directly from the Department under the CSP Grants to Developers (CFDA
                number 84.282B or 84.282E) competition. Additional information about
                the CSP Grants to Developers program and any upcoming competitions is
                available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/.
                 4. Other: (a) Reasonable and Necessary Costs: The Secretary may
                elect to impose maximum limits on the amount of subgrant funds that a
                State entity may award to an eligible applicant per new charter school
                created or replicated, per charter school expanded, or per new school
                seat created.
                 For this competition, the maximum amount of subgrant funds a State
                entity may award to a subgrantee per new charter school, replicated
                high-quality charter school, or expanded high-quality charter school
                over a five-year subgrant period is $1,500,000.
                 Note: Applicants must ensure that all costs included in the
                proposed budget are necessary and reasonable to meet the goals and
                objectives of the proposed project. Any costs determined by the
                Secretary to be unreasonable or unnecessary will be removed from the
                final approved budget.
                 (b) Audits: (i) A non-Federal entity that expends $750,000 or more
                during the non-Federal entity's fiscal year in Federal awards must have
                a single or program-specific audit conducted for that year in
                accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))
                 (ii) A non-Federal entity that expends less than $750,000 during
                the non-Federal entity's fiscal year in Federal awards is exempt from
                Federal audit requirements for that year, except as noted in 2 CFR
                200.503 (Relation to other audit requirements), but records must be
                available for review or audit by appropriate officials of the Federal
                agency, pass-through entity, and Government Accountability Office. (2
                CFR 200.501(d)).
                IV. Application and Submission Information
                 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 https://www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, 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 funds under the CSP
                State Entities 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 4648]]
                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: In accordance with section 4303(c) of the
                ESEA, a State entity receiving a grant under this program shall: (a)
                Use not less than 90 percent of the grant funds to award subgrants to
                eligible applicants, in accordance with the quality charter school
                program described in the State entity's application pursuant to section
                4303(f), for activities related to opening and preparing for the
                operation of new charter schools and replicated high-quality charter
                schools, or expanding high-quality charter schools; (b) reserve not
                less than 7 percent of the grant funds to provide technical assistance
                to eligible applicants and authorized public chartering agencies in
                carrying out such activities, and to work with authorized public
                chartering agencies in the State to improve authorizing quality,
                including developing capacity for, and conducting, fiscal oversight and
                auditing of charter schools; and (c) reserve not more than 3 percent of
                the grant funds for administrative costs, which may include technical
                assistance. A State entity may use a grant received under this program
                to provide technical assistance and to work with authorized public
                chartering agencies to improve authorizing quality under section
                4303(b)(2) of the ESEA directly or through grants, contracts, or
                cooperative agreements.
                 Limitation on Grants and Subgrants: Under section 4303(d) of the
                ESEA, a grant awarded by the Secretary to a State entity under this
                competition shall be for a period of not more than five years.
                 A subgrant awarded by a State entity under this program shall be
                for a period of not more than five years, of which an eligible
                applicant may use not more than 18 months for planning and program
                design. An eligible applicant may not receive more than one subgrant
                under this program for each individual charter school for a five-year
                period, unless the eligible applicant demonstrates to the State entity
                that such individual charter school has at least three years of
                improved educational results for students enrolled in such charter
                school, with respect to the elements described in section 4310(8)(A)
                and (D) of the ESEA.\4\
                ---------------------------------------------------------------------------
                 \4\ Section 4303(e)(2) of the ESEA prescribes the circumstances
                under which an eligible applicant may be eligible to apply to an SE
                for a second subgrant for an individual charter school for a five-
                year period. The eligible applicant still would have to meet all
                program requirements, including the requirements for replicating or
                expanding a high-quality charter school.
                ---------------------------------------------------------------------------
                 Other CSP Grants: A charter school that previously received funds
                for opening or preparing to operate a new charter school, or
                replicating or expanding a high-quality charter school, under the CSP
                Grants to State Entities program (CFDA number 84.282A), the CSP Grants
                to Charter Management Organizations for the Replication and Expansion
                of High-Quality Charter Schools (CMO) program (CFDA number 84.282M), or
                the CSP Grants to Developers for the Opening of New Charter Schools and
                for the Replication and Expansion of High-quality Charter Schools
                (Developer) program (CFDA numbers 84.282B and 84.282E) may not use
                funds under this program to carry out the same or substantially similar
                activities. However, such charter school may be eligible to receive
                funds under this competition to expand the charter school beyond the
                existing grade levels or student count.
                 Likewise, a charter school that previously was awarded a subgrant
                from a State entity under this program (or the former CSP Grants for
                SEAs program) is ineligible to receive funds to carry out the same
                activities under the CMO program (CFDA number 84.282M) or Developer
                program (CFDA numbers 84.282B and 84.282E), including for opening or
                preparing to operate a new charter school, replication, or expansion.
                 Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State
                entities awarded grants under this competition shall award subgrants to
                eligible applicants to enable such eligible applicants to--
                 (a) Open and prepare for the operation of new charter schools;
                 (b) Open and prepare for the operation of replicated high-quality
                charter schools; or
                 (c) Expand high-quality charter schools.
                 Under section 4303(h) of the ESEA, an eligible applicant receiving
                a subgrant under this program shall use such funds to support
                activities related to opening and preparing for the operation of new
                charter schools or replicating or expanding high-quality charter
                schools, which shall include one or more of the following:
                 (a) Preparing teachers, school leaders, and specialized
                instructional support personnel, including through paying costs
                associated with--
                 (i) Providing professional development; and
                 (ii) Hiring and compensating, during the eligible applicant's
                planning period specified in the application for subgrant funds, one or
                more of the following:
                 (A) Teachers.
                 (B) School leaders.
                 (C) Specialized instructional support personnel.
                 (b) Acquiring supplies, training, equipment (including technology),
                and educational materials (including developing and acquiring
                instructional materials).
                 (c) Carrying out necessary renovations to ensure that a new school
                building complies with applicable statutes and regulations, and minor
                facilities repairs (excluding construction).
                 (d) Providing one-time, startup costs associated with providing
                transportation to students to and from the charter school.
                 (e) Carrying out community engagement activities, which may include
                paying the cost of student and staff recruitment.
                 (f) Providing for other appropriate, non-sustained costs related to
                opening, replicating, or expanding high-quality charter schools when
                such costs cannot be met from other sources.
                 Diversity of Projects: Per section 4303(d)(4) of the ESEA, each
                State entity awarding subgrants under this competition shall award
                subgrants in a manner that, to the extent practicable and applicable,
                ensures that such subgrants--
                 (a) Are distributed throughout different areas, including urban,
                suburban, and rural areas; and
                 (b) Will assist charter schools representing a variety of
                educational approaches.
                 Award Basis: In determining whether to approve a grant award and
                the amount of such award, the Department will consider, among other
                things, the applicant's performance and use of funds under a previous
                or existing award under any Department program (34 CFR 75.217(d)(3)(ii)
                and 233(b)). In assessing the applicant's performance and use of funds
                under a previous or existing award, the Secretary will consider, among
                other things, the outcomes the applicant has achieved and the results
                of any Departmental grant monitoring, including the applicant's
                progress in remedying any deficiencies identified in such monitoring.
                 We reference additional regulations outlining funding restrictions
                in the
                [[Page 4649]]
                Applicable Regulations section of this notice.
                 5. Recommended Page Limit and English Language Requirement: The
                application narrative (Part III of the application) is where you, the
                applicant, address the priorities, selection criteria, and application
                requirements 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.
                 Applications must be in English, and peer reviewers will only
                consider supporting documents submitted with the application that are
                in English.
                 The recommended page limit does not apply to 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.
                 6. Pre-Application Webinar Information: The Department will hold a
                pre-application meeting via webinar for prospective applicants on
                January 30, 2020, 2:00 p.m., Eastern Time. There is no registration fee
                for attending this meeting.
                 For further information about the pre-application meeting, contact
                Ashley Gardner, U.S. Department of Education, 400 Maryland Avenue SW,
                Room 3E113, Washington, DC 20202-5970. Telephone: (202) 453-6787.
                Email: [email protected].
                V. Application Review Information
                 1. Selection Criteria: The selection criteria for this competition
                are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and 34
                CFR 75.210. The maximum possible total score an application can receive
                for addressing the criteria is 100 points. The maximum possible score
                for addressing each criterion is indicated in parentheses following the
                criterion.
                 (a) Quality of the Project Design (up to 35 points). The Secretary
                considers the quality of the design of the proposed project. In
                determining the quality of the design of the proposed project, the
                Secretary considers:
                 (1) The extent to which the proposed project demonstrates a
                rationale (34 CFR 75.210(c)(2)(xxix)) (up to 15 points);
                 (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 project and will produce quantitative and
                qualitative data to the extent possible (34 CFR 75.210(h)(2)(iv))(up to
                15 points); and
                 (3) The ambitiousness of the State entity's objectives for the
                quality charter school program carried out under the CSP State Entities
                program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B)))
                (up to 5 points).
                 (b) Quality of Eligible Subgrant Applicants (up to 15 points): The
                likelihood that the eligible applicants receiving subgrants under the
                program will meet the State entity's objectives and improve educational
                results for students (section 4303(g)(1)(C) (20 U.S.C.
                7221b(g)(1)(C))).
                 (c) State Plan (up to 35 points): The State entity's plan to--
                 (1) Adequately monitor the eligible applicants receiving subgrants
                under the State entity's program (section 4303(g)(1)(D)(i) (20 U.S.C.
                7221b(g)(1)(D)(i))) (up to 10 points);
                 (2) Work with the authorized public chartering agencies involved to
                avoid duplication of work for the charter schools and authorized public
                chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C.
                7221b(g)(1)(D)(ii))) (up to 5 points);
                 (3) Provide technical assistance and support for--
                 (i) The eligible applicants receiving subgrants under the State
                entity's program; and
                 (ii) Quality authorizing efforts in the State (section
                4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10
                points);
                 (4) The State entity's plan to solicit and consider input from
                parents and other members of the community on the implementation and
                operation of charter schools in the State (section 4303(g)(1)(E) of
                ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and
                 (5) The degree of flexibility afforded by the State's charter
                school law and how the State entity will work to maximize the
                flexibility provided to charter schools under such law (section
                4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points).
                 (d) Quality of the Management Plan (up to 15 points). The Secretary
                considers the quality of the management plan for the proposed project.
                In determining the quality of the management plan for the proposed
                project, the Secretary considers:
                 (1) The adequacy of the management plan to achieve the objectives
                of the proposed project on time and within budget, including clearly
                defined responsibilities, timelines, and milestones for accomplishing
                project tasks (34 CFR 75.210(g)(2)(i)) (up to 10 points);
                 (2) The adequacy of procedures for ensuring feedback and continuous
                improvement in the operation of the proposed project (34 CFR
                75.210(g)(2)(ii)) (up to 3 points); and
                 (3) The extent to which the time commitments of the project
                director and principal investigator and other key project personnel are
                appropriate and adequate to meet the objectives of the proposed project
                (34 CFR 75.210(g)(2)(iv)) (up to 2 points).
                 2. Review and Selection Process: We remind potential applicants
                that in reviewing applications in any discretionary grant competition,
                the Secretary may consider, under 34 CFR 75.217(d)(3), the past
                performance of the applicant in carrying out a previous award, such as
                the applicant's use of funds, achievement of project objectives, and
                compliance with grant conditions. The Secretary may also consider
                whether the applicant failed to submit a timely performance report or
                submitted a report of unacceptable quality.
                 In addition, in making a competitive grant award, the Secretary
                requires various assurances, including those applicable to Federal
                civil rights laws that prohibit discrimination in programs or
                activities receiving Federal financial assistance from the Department
                (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
                 3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
                200.205, 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
                [[Page 4650]]
                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 yyou.
                2. Administrative and National Policy Requirements: We identify
                administrative and national policy requirements in the application
                package and reference these and other requirements in the Applicable
                Regulations section of this notice.
                 We reference the regulations outlining the terms and conditions of
                an award in the Applicable Regulations section of this notice and
                include these and other specific conditions in the GAN. The GAN also
                incorporates your approved application as part of your binding
                commitments under the grant.
                 3. Open Licensing Requirements: Unless an exception applies, if you
                are awarded a grant under this competition, you will be required to
                openly license to the public grant deliverables created in whole, or in
                part, with Department grant funds. When the deliverable consists of
                modifications to pre-existing works, the license extends only to those
                modifications that can be separately identified and only to the extent
                that open licensing is permitted under the terms of any licenses or
                other legal restrictions on the use of pre-existing works.
                Additionally, a grantee or subgrantee that is awarded competitive grant
                funds must have a plan to disseminate these public grant deliverables.
                This dissemination plan can be developed and submitted after your
                application has been reviewed and selected for funding. For additional
                information on the open licensing requirements please refer to 2 CFR
                3474.20.
                 4. Reporting: (a) If you apply for a grant under this competition,
                you must ensure that you have in place the necessary processes and
                systems to comply with the reporting requirements in 2 CFR part 170
                should you receive funding under the competition. This does not apply
                if you have an exception under 2 CFR 170.110(b).
                 (b) At the end of your project period, you must submit a final
                performance report, including financial information, as directed by the
                Secretary. If you receive a multiyear award, you must submit 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) In accordance with section 4303(i) of the ESEA, each State
                entity receiving a grant under this section must submit to the
                Secretary, at the end of the third year of the five-year grant period
                (or at the end of the second year if the grant period is less than five
                years), and at the end of such grant period, a report that includes the
                following:
                 (1) The number of students served by each subgrant awarded under
                this section and, if applicable, the number of new students served
                during each year of the period of the subgrant.
                 (2) A description of how the State entity met the objectives of the
                quality charter school program described in the State entity's
                application, including--
                 (A) How the State entity met the objective of sharing best and
                promising practices as outlined in section 4303(f)(1)(A)(ix) of the
                ESEA in areas such as instruction, professional development, curricula
                development, and operations between charter schools and other public
                schools; and
                 (B) If known, the extent to which such practices were adopted and
                implemented by such other public schools.
                 (3) The number and amount of subgrants awarded under this program
                to carry out activities described in section 4303(b)(1)(A) through (C)
                of the ESEA.
                 (4) A description of--
                 (A) How the State entity complied with, and ensured that eligible
                applicants complied with, the assurances included in the State entity's
                application; and
                 (B) How the State entity worked with authorized public chartering
                agencies, and how the agencies worked with the management company or
                leadership of the schools that received subgrant funds under this
                program, if applicable.
                 (d) 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) The Secretary has established two performance indicators to
                measure annual progress towards achieving the purposes of the program,
                which are discussed elsewhere in this notice. The performance
                indicators are: (1) The number of charter schools in operation around
                the Nation; and (2) the percentage of fourth- and eighth-grade charter
                school students who are achieving at or above the proficient level on
                State assessments in mathematics and reading/language arts.
                Additionally, the Secretary has established the following measure to
                examine the efficiency of the CSP: The Federal cost per student in
                implementing a successful school (defined as a school in operation for
                three or more consecutive years).
                 (b) Project-Specific Performance Measures. Applicants must propose
                project-specific performance measures and performance targets
                consistent with the objectives of the proposed project. Applications
                must provide the following information as directed under 34 CFR
                75.110(b) and (c).
                 (1) Performance measures. How each proposed performance measure
                would accurately measure the performance of the project and how the
                proposed performance measure would be consistent with the performance
                measures established for the program funding the competition.
                 (2) Baseline data. (i) Why each proposed baseline is valid; or (ii)
                if the applicant has determined that there are no established baseline
                data for a particular performance measure, an explanation of why there
                is no established baseline and of how and
                [[Page 4651]]
                when, during the project period, the applicant would establish a valid
                baseline for the performance measure.
                 (3) Performance targets. Why each proposed performance target is
                ambitious yet achievable compared to the baseline for the performance
                measure and when, during the project period, the applicant would meet
                the performance target(s).
                 (4) Data collection and reporting. (i) The data collection and
                reporting methods the applicant would use and why those methods are
                likely to yield reliable, valid, and meaningful performance data; and
                (ii) the applicant's capacity to collect and report reliable, valid,
                and meaningful performance data, as evidenced by high-quality data
                collection, analysis, and reporting in other projects or research.
                 All grantees must submit an annual performance report with
                information that is responsive to these performance measures.
                 6. Continuation Awards: In making a continuation award under 34 CFR
                75.253, the Secretary considers, among other things: Whether a grantee
                has made substantial progress in achieving the goals and objectives of
                the project; whether the grantee has expended funds in a manner that is
                consistent with its approved application and budget; and, if the
                Secretary has established performance measurement requirements, the
                performance targets in the grantee's approved application.
                 In making a continuation award, the Secretary also considers
                whether the grantee is operating in compliance with the assurances in
                its approved application, including those applicable to Federal civil
                rights laws that prohibit discrimination in programs or activities
                receiving Federal financial assistance from the Department (34 CFR
                100.4, 104.5, 106.4, 108.8, and 110.23).
                 7. Project Director's Meeting: Applicants approved for funding
                under this competition must attend a two-day meeting for project
                directors at a location to be determined in the continental United
                States during each year of the project. Applicants may include the cost
                of attending this meeting in their proposed budgets as allowable
                administrative costs.
                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: January 22, 2020.
                Frank Brogan,
                Assistant Deputy Secretary for Elementary and Secondary Education.
                [FR Doc. 2020-01324 Filed 1-24-20; 8:45 am]
                 BILLING CODE 4000-01-P
                

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