Applications for New Awards; Magnet Schools Assistance Program

Published date10 March 2020
Citation85 FR 13878
Record Number2020-04885
SectionNotices
CourtEducation Department
Federal Register, Volume 85 Issue 47 (Tuesday, March 10, 2020)
[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
                [Notices]
                [Pages 13878-13885]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-04885]
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                DEPARTMENT OF EDUCATION
                Applications for New Awards; Magnet Schools Assistance Program
                AGENCY: Office of Elementary and Secondary Education, Department of
                Education.
                ACTION: Notice.
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                SUMMARY: The Department of Education (Department) is issuing a notice
                inviting applications (NIA) for fiscal year (FY) 2020 for the Magnet
                Schools Assistance Program (MSAP), Catalog of Federal Domestic
                Assistance (CFDA) number 84.165A. This notice relates to the approved
                information collection under OMB control number 1855-0011.
                DATES:
                 Application Available: March 10, 2020.
                 Deadline for Notice of Intent to Apply: April 9, 2020.
                 Deadline for Transmittal of Applications: May 26, 2020.
                 Deadline for Intergovernmental Review: July 23, 2020.
                 Pre-Application Webinar Information: No later than March 16, 2020,
                MSAP will hold a webinar to provide technical assistance to interested
                applicants. Detailed information regarding this webinar will be
                provided on the MSAP web page at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/school-choice-improvement-programs/magnet-school-assistance-program-msap/. A recording of this
                webinar will be available on the MSAP web page following the session.
                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: Gillian Cohen-Boyer, U.S. Department
                of Education, 400 Maryland Avenue SW, Room 3C134, Washington, DC 20202-
                5970. Telephone: (202) 401-1259. Email: [email protected].
                 If you use a telecommunications device for the deaf (TDD) or a text
                telephone (TTY), call the Federal Relay
                [[Page 13879]]
                Service (FRS), toll free, at 1-800-877-8339.
                SUPPLEMENTARY INFORMATION:
                Full Text of Announcement
                I. Funding Opportunity Description
                 Purpose of Program: MSAP, authorized under title IV, part D of the
                Elementary and Secondary Education Act, as amended by the Every Student
                Succeeds Act (ESEA), provides grants to local educational agencies
                (LEAs) and consortia of LEAs to support magnet schools under an
                approved, required, or voluntary desegregation plan.
                 Under the ESEA, MSAP prioritizes the creation and replication of
                evidence-based (as defined in this notice) magnet programs and magnet
                schools that seek to reduce, eliminate, or prevent minority group
                isolation by taking into account socioeconomic diversity.
                 Grantees may use grant funds for activities intended to improve
                students' academic achievement, including acquiring books, materials,
                technology, and equipment to support a rigorous, theme-based academic
                program; conducting planning and promotional activities; providing
                professional development opportunities for teachers to implement the
                academic program; and paying the salaries of effective teachers and
                other instructional personnel. MSAP also enables LEAs to support
                student transportation, provided the transportation costs are
                sustainable and the costs do not constitute a significant portion of
                grant funds.
                 Background: MSAP seeks to reduce, eliminate or prevent minority
                group isolation by funding projects carried out by LEAs or consortia of
                LEAs that propose to implement magnet schools with academically
                challenging, innovative instructional approaches, or specialized
                curricula that are, consistent with constitutional and statutory
                limitations, ``designed to bring students from different social,
                economic, ethnic, and racial backgrounds together.'' \1\
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                 \1\ 20 U.S.C. 7231(b)(2).
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                 Through the implementation of high-demand programming, using
                sophisticated technology and curricula, magnet schools have often
                served as a conduit for innovative, theme-based instruction. For
                example, 61 percent of the 145 schools currently supported by MSAP
                grants include science, technology, engineering, and mathematics (STEM)
                themes in their programming, which aligns with the Secretary's
                Supplemental Priority 6, Promoting STEM Education.\2\
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                 \2\ STEM is also a national priority. For more details, see
                ``Charting A Course For Success: America's Strategy For STEM
                Education,'' www.whitehouse.gov/wp-content/uploads/2018/12/STEM-Education-Strategic-Plan-2018.pdf (December 2018).
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                 While some grantees have effectively implemented innovative, theme-
                based programming and successfully diversified their schools, other
                grantees have struggled to meet their desegregation goals. Significant
                variations in grantees' ability to increase academic achievement also
                persist. Therefore, we continue to use selection criteria to focus on
                projects that seek to promote academic achievement and reduce,
                eliminate, or prevent minority group isolation. The Department
                encourages applicants to propose projects of high interest to students
                and families that offer rigorous curriculum with authentic theme-based
                experiences and to form integrated partnerships that will attract and
                retain students from different racial and socioeconomic backgrounds. In
                this year's competition we have added criteria specific to
                partnerships. Specifically, we encourage applicants to propose robust
                partnerships that offer relevant opportunities for students and
                teachers, such as mentoring, apprenticeships, certifications, and
                theme-related, industry-specific experiences.
                 In addition, as part of MSAP's focus on improving academic
                achievement and reducing, eliminating, or preventing minority group
                isolation, consistent with constitutional and statutory limitations, we
                encourage applicants, through competitive preference points, to propose
                projects that would increase racial integration by taking into account
                socioeconomic diversity. Beyond proposing quality projects that have
                the potential to attract students from various backgrounds, we
                encourage applicants to propose a range of activities that incorporate
                a focus on socioeconomic and racial diversity, such as: Establishing
                and participating in a voluntary, inter-district transfer program for
                students from varied neighborhoods; making strategic decisions
                regarding magnet school sites to maximize the potential diversity of
                the school given the school's neighboring communities; revising school
                boundaries, attendance zones, or feeder patterns to take into account
                residential segregation or other related issues; and formal merging or
                coordinating among multiple educational jurisdictions in order to pool
                resources, provide transportation, and expand high-quality public
                school options for lower-income students. Applicants that choose to
                address this priority should identify the criteria they intend to use
                to determine students' socioeconomic status (e.g., family income level,
                education level of the students' parent or guardian, other factors
                identified by the LEA, or a combination thereof) and clearly describe
                how their approach to incorporating socioeconomic diversity is part of
                their overall effort to eliminate, reduce, or prevent minority group
                isolation.
                 To encourage systemic and timely change, the Department is
                interested in proposals that establish new school assignment or
                admissions policies for schools that seek to increase the number of
                low-income students schools serve through new student assignment
                policies that consider the socioeconomic status of students'
                households, students residing in neighborhoods experiencing
                concentrated poverty, and students from low-performing schools (among
                other factors). As applicable, each applicant should coordinate with
                other relevant government entities--such as housing and transportation
                authorities, among others--given the impact that other public policies
                have on the composition of a school's student body. Such proposals may
                be addressed in response to Competitive Preference Priority 4.
                 This NIA also includes a competitive preference priority for MSAP
                projects that would be carried out in areas that overlap with a
                Qualified Opportunity Zone (QOZ). Public Law (Pub. L.) 115-97
                authorized the designation of QOZs to promote economic development and
                job creation in distressed communities through preferential tax
                treatment for investors. A list of QOZs is available at
                www.cdfifund.gov/Pages/Opportunity-Zones.aspx; applicants may also
                determine whether a particular area overlaps with a QOZ using the
                National Center of Education Statistics' map located at: https://nces.ed.gov/programs/maped/LocaleLookup/. To receive competitive
                preference points under this priority, applicants must provide the
                Department with the census tract number of the QOZ they plan to serve
                and describe the services they will provide. For the purpose of this
                competition, applicants should consider the area where their LEA is
                located to be the area that must overlap with a QOZ; an LEA may be
                considered to overlap with a QOZ even if only one magnet school
                included in the current MSAP grant application is located in a QOZ.
                 Lastly, with this year's competition, the Department also aims to
                improve MSAP's short- and longer-term outcomes, as well as generate
                evidence to inform future efforts, by encouraging
                [[Page 13880]]
                applicants to propose (1) projects that are supported by prior
                evidence, and (2) robust evaluations of their proposed MSAP projects
                that would yield promising evidence (as defined in this notice) from
                which future MSAP applicants could learn. Along these lines, we include
                selection factors that encourage applicants to provide a conceptual
                framework (logic model) as part of their applications and propose
                evaluations designed to produce promising evidence. Each proposed
                project should be supported by a logic model with clearly defined
                outcomes that will inform the project's performance measures and
                evaluation. In addition, through Competitive Preference Priority 2, we
                encourage applicants to implement activities that are evidence-based in
                their proposed MSAP project schools and we encourage applicants to
                submit supporting evidence that corresponds to the highest levels of
                evidence available.
                 Priorities: This competition includes five competitive preference
                priorities. In accordance with 34 CFR 75.105(b)(2)(ii), Competitive
                Preference Priorities 1 and 3 are from the MSAP regulations at 34 CFR
                280.32. In accordance with 34 CFR 75.105(b)(2)(iv), Competitive
                Preference Priorities 2 and 4 are from section 4406 of the ESEA, 20
                U.S.C. 7231e. Competitive Preference Priority 5 is from the notice of
                final priority published in the Federal Register on November 27, 2019
                (84 FR 65300) (Opportunity Zones NFP).
                 Competitive Preference Priorities: These priorities are competitive
                preference priorities. Under 34 CFR 75.105(c)(2)(i), we award one
                additional point to an application that meets Competitive Preference
                Priority 1; up to two additional points to an application, depending on
                how well the application meets Competitive Preference Priority 2; up to
                three additional points to an application, depending on how well the
                application meets Competitive Preference Priority 3; up to two
                additional points to an application, depending on how well the
                application meets Competitive Preference Priority 4; and three
                additional points to an application that meets Competitive Preference
                Priority 5. Depending on how well the application meets these
                priorities, an application may be awarded up to a total of 11
                additional points. Applicants may apply under any, all, or none of the
                competitive preference priorities. The maximum possible points for each
                competitive preference priority are indicated in parentheses following
                the name of the priority. These points are in addition to any points
                the application earns under the selection criteria in this notice.
                 These priorities are:
                 Competitive Preference Priority 1--Need for Assistance (0 or 1
                additional points).
                 The Secretary evaluates the applicant's need for assistance by
                considering--
                 (1) The costs of fully implementing the magnet schools project as
                proposed;
                 (2) The resources available to the applicant to carry out the
                project if funds under the program were not provided;
                 (3) The extent to which the costs of the project exceed the
                applicant's resources; and
                 (4) The difficulty of effectively carrying out the approved plan
                and the project for which assistance is sought, including consideration
                of how the design of the magnet school project--e.g., the type of
                program proposed, the location of the magnet school within the LEA--
                impacts on the applicant's ability to successfully carry out the
                approved plan.
                 Competitive Preference Priority 2--New or Revised Magnet Schools
                Projects and Strength of Evidence to Support Proposed Projects (0 to 2
                additional points).
                 The Secretary determines the extent to which the applicant proposes
                to carry out a new, evidence-based magnet school program or
                significantly revise an existing magnet school program, using evidence-
                based methods and practices, as available, or replicate an existing
                magnet school program that has a demonstrated record of success in
                increasing student academic achievement and reducing isolation of
                minority groups.
                 Competitive Preference Priority 3--Selection of Students (0 to 3
                additional points).
                 The Secretary determines the extent to which the applicant proposes
                to select students to attend magnet schools by methods such as lottery,
                rather than through academic examination.
                 Competitive Preference Priority 4--Increasing Racial Integration
                and Socioeconomic Diversity (0 to 2 additional points).
                 The Secretary determines the extent to which the applicant proposes
                to increase racial integration by taking into account socioeconomic
                diversity in designing and implementing magnet school programs.
                 Competitive Preference Priority 5--Spurring Investment in Qualified
                Opportunity Zones (0 or 3 additional points).
                 Under this priority, an applicant must demonstrate that the area in
                which the applicant proposes to provide services overlaps with a QOZ,
                as designated by the Secretary of the Treasury under section 1400Z-1 of
                the Internal Revenue Code. An applicant must--
                 (1) Provide the census tract number of the QOZ(s) in which it
                proposes to provide services; and
                 (2) Describe how the applicant will provide services in the QOZ(s).
                 Definitions: The definition of ``evidence-based'' is from 20 U.S.C.
                7801. The remaining definitions are from 34 CFR 77.1(c).
                 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.
                 Evidence-based means an activity, strategy, or intervention that--
                 (i) Demonstrates a statistically significant effect on improving
                student outcomes or other relevant outcomes based on--
                 (A) Strong evidence from at least one well-designed and well-
                implemented experimental study;
                 (B) Moderate evidence from at least one well-designed and well-
                implemented quasi-experimental study; or
                 (C) Promising evidence from at least one well-designed and well-
                implemented correlational study with statistical controls for selection
                bias; or
                 (ii)(A) Demonstrates a rationale based on high-quality research
                findings or positive evaluation that such activity, strategy, or
                intervention is likely to improve student outcomes or other relevant
                outcomes; and
                 (B) Includes ongoing efforts to examine the effects of such
                activity, strategy, or intervention.
                 Experimental study means a study that is designed to compare
                outcomes between two groups of individuals (such as students) that are
                otherwise equivalent except for their assignment to either a treatment
                group receiving a project component or a control group that does not.
                Randomized controlled trials, regression discontinuity design studies,
                and single-case design studies are the specific types of experimental
                studies that, depending on their design and implementation (e.g.,
                sample attrition in randomized controlled trials and regression
                discontinuity design studies), can meet What Works Clearinghouse (WWC)
                standards without reservations as described in the WWC Handbook:
                 (i) A randomized controlled trial employs random assignment of, for
                example, students, teachers, classrooms, or schools to receive the
                project
                [[Page 13881]]
                component being evaluated (the treatment group) or not to receive the
                project component (the control group).
                 (ii) A regression discontinuity design study assigns the project
                component being evaluated using a measured variable (e.g., assigning
                students reading below a cutoff score to tutoring or developmental
                education classes) and controls for that variable in the analysis of
                outcomes.
                 (iii) A single-case design study uses observations of a single case
                (e.g., a student eligible for a behavioral intervention) over time in
                the absence and presence of a controlled treatment manipulation to
                determine whether the outcome is systematically related to the
                treatment.
                 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.
                 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).
                 Promising evidence means that there is evidence of the
                effectiveness of a key project component in improving a relevant
                outcome, based on a relevant finding from one of the following:
                 (i) A practice guide prepared by WWC reporting a ``strong evidence
                base'' or ``moderate evidence base'' for the corresponding practice
                guide recommendation;
                 (ii) An intervention report prepared by the WWC reporting a
                ``positive effect'' or ``potentially positive effect'' on a relevant
                outcome with no reporting of a ``negative effect'' or ``potentially
                negative effect'' on a relevant outcome; or
                 (iii) A single study assessed by the Department, as appropriate,
                that--
                 (A) Is an experimental study, a quasi-experimental design study, or
                a well-designed and well-implemented correlational study with
                statistical controls for selection bias (e.g., a study using regression
                methods to account for differences between a treatment group and a
                comparison group); and
                 (B) Includes at least one statistically significant and positive
                (i.e., favorable) effect on a relevant outcome.
                 Quasi-experimental design study means a study using a design that
                attempts to approximate an experimental study by identifying a
                comparison group that is similar to the treatment group in important
                respects. This type of study, depending on design and implementation
                (e.g., establishment of baseline equivalence of the groups being
                compared), can meet WWC standards with reservations, but cannot meet
                WWC standards without reservations, as described in the WWC Handbook.
                 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.
                 What Works Clearinghouse Handbook (WWC Handbook) means the
                standards and procedures set forth in the WWC Procedures and Standards
                Handbook, Version 3.0 or Version 2.1 (incorporated by reference, see 34
                CFR 77.2). Study findings eligible for review under WWC standards can
                meet WWC standards without reservations, meet WWC standards with
                reservations, or not meet WWC standards. WWC practice guides and
                intervention reports include findings from systematic reviews of
                evidence as described in the Handbook documentation.
                 Note: The What Works Clearinghouse Procedures and Standards
                Handbook (Version 3.0), as well as the more recent What Works
                Clearinghouse Handbooks released in October 2017 (Version 4.0) and
                January 2020 (Version 4.1), are available at: https://ies.ed.gov/ncee/wwc/Handbooks.
                 Program Authority: 20 U.S.C. 7231-7231j.
                 Applicable Regulations: (a) The Education Department General
                Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97,
                98, and 99. (b) The Office of Management and Budget 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 regulations for this program in 34 CFR part 280. (e)
                The Opportunity Zones NFP.
                II. Award Information
                 Type of Award: Discretionary grants.
                 Estimated Available Funds: $23,500,887.
                 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: $700,000-$4,000,000 per budget year.
                 Maximum Award: We will not make an award to an LEA or a consortium
                of LEAS exceeding $15,000,000 for the project period. Grantees may not
                expend more than 50 percent of the year one grant funds and not more
                than 15 percent of year two and three grant funds on planning
                activities. Professional development is not considered to be a planning
                activity.
                 Note: Yearly award amounts may vary.
                 Estimated Number of Awards: 7-9.
                 Note: The Department is not bound by any estimates in this notice.
                 Project Period: Up to 60 months.
                III. Eligibility Information
                 1. Eligible Applicants: LEAs or consortia of LEAs implementing a
                desegregation plan as specified in section III. 3 of this notice.
                 2. Cost Sharing or Matching: This program does not require cost
                sharing or matching.
                 3. Application Requirement: Under section 4405(b)(1)(A) of the
                ESEA, applicants must describe how a grant awarded under this
                competition will be used to promote desegregation and include any
                available evidence on how the proposed magnet school programs will
                increase interaction among students of different social, economic,
                ethnic, and racial backgrounds. If such evidence is not available,
                applicants must include a rationale, based on current research, for how
                the proposed magnet school programs will increase interaction among
                students of different social, economic, ethnic, and racial backgrounds.
                Applicants should address this application requirement in the project
                narrative and, as appropriate, the logic model.
                 4. Other: Applicants must submit with their applications one of the
                following types of desegregation plans to establish eligibility to
                receive MSAP assistance: (a) A desegregation plan required by a court
                order; (b) a desegregation plan required by a State agency or an
                official of competent jurisdiction; (c) a desegregation plan required
                by the Department's Office for Civil Rights (OCR) under Title VI of the
                Civil Rights Act of 1964 (Title VI); or (d) a voluntary desegregation
                plan adopted by the applicant and submitted to the Department for
                approval as part of the application. Under the MSAP regulations,
                applicants are required to
                [[Page 13882]]
                provide all of the information required in 34 CFR 280.20(a) through (g)
                in order to satisfy the civil rights eligibility requirements found in
                34 CFR 280.2(a)(2) and (b).
                 In addition to the particular data and other items for required and
                voluntary desegregation plans described in the application package, an
                application must include--
                 Projected enrollment by race and ethnicity for magnet and
                feeder schools;
                 Signed civil rights assurances (included in the
                application package); and
                 An assurance that the desegregation plan is being
                implemented or will be implemented if the application is funded.
                Required Desegregation Plans
                 1. Desegregation plans required by a court order. An applicant that
                submits a desegregation plan required by a court order must submit
                complete and signed copies of all court documents demonstrating that
                the magnet schools are a part of the approved desegregation plan.
                Examples of the types of documents that would meet this requirement
                include a Federal or State court order that establishes specific magnet
                schools, amends a previous order or orders by establishing additional
                or different specific magnet schools, requires or approves the
                establishment of one or more unspecified magnet schools, or that
                authorizes the inclusion of magnet schools at the discretion of the
                applicant.
                 2. Desegregation plans required by a State agency or official of
                competent jurisdiction. An applicant submitting a desegregation plan
                ordered by a State agency or official of competent jurisdiction must
                provide documentation that shows that the desegregation plan was
                ordered based upon a determination that State law was violated. In the
                absence of this documentation, the applicant should consider its
                desegregation plan to be a voluntary plan and submit the data and
                information necessary for voluntary plans.
                 3. Desegregation plans required by Title VI. An applicant that
                submits a desegregation plan required by OCR under Title VI must submit
                a complete copy of the desegregation plan demonstrating that magnet
                schools are part of the approved plan or that the plan authorizes the
                inclusion of magnet schools at the discretion of the applicant.
                 4. Modifications to required desegregation plans. A previously
                approved desegregation plan that does not include the magnet school or
                program for which the applicant is now seeking assistance must be
                modified to include the magnet school component. The modification to
                the desegregation plan must be approved by the court, agency, or
                official that originally approved the plan. An applicant that wishes to
                modify a previously approved OCR Title VI desegregation plan to include
                different or additional magnet schools must submit the proposed
                modification for review and approval to the OCR regional office that
                approved its original plan.
                 An applicant should indicate in its application if it is seeking to
                modify its previously approved desegregation plan. However, all
                applicants must submit proof of approval of all modifications to their
                plans to the Department by June 11, 2020. Proof of plan modifications
                should be mailed to: Gillian Cohen-Boyer, U.S. Department of Education,
                400 Maryland Avenue SW, Room 3C134, Washington, DC 20202-5970.
                Telephone: (202) 401-1259. Email: [email protected].
                Voluntary Desegregation Plans
                 A voluntary desegregation plan must be approved by the Department
                each time an application is submitted for funding. Even if the
                Department has approved a voluntary desegregation plan in an LEA in the
                past, to be reviewed, the desegregation plan must be resubmitted with
                the application, by the application deadline.
                 An applicant's voluntary desegregation plan must describe how the
                LEA defines or identifies minority group isolation, demonstrate how the
                LEA will reduce, eliminate, or prevent minority group isolation for
                each magnet school in the proposed magnet school application, and, if
                relevant, at identified feeder schools, demonstrate that the proposed
                voluntary desegregation plan is adequate under Title VI.
                 Complete and accurate enrollment forms and other information as
                required by the regulations in 34 CFR 280.20(f) and (g) for applicants
                with voluntary desegregation plans are critical to the Department's
                determination of an applicant's eligibility under a voluntary
                desegregation plan (specific requirements are detailed in the
                application package).
                 Voluntary desegregation plan applicants must submit documentation
                of school board approval or documentation of other official adoption of
                the plan as required by the regulations in 34 CFR 280.20(f)(2) when
                submitting their application. LEAs that were previously under a
                required desegregation plan, but that have achieved unitary status and
                so are voluntary desegregation plan applicants, typically would not
                need to include court orders. Rather, such applications should provide
                the documentation discussed in this section.
                 5. Single-Sex Programs: An applicant proposing to operate a single-
                sex magnet school or a coeducational magnet school that offers single-
                sex classes or extracurricular activities, will undergo a review of its
                proposed single-sex educational program to determine compliance with
                applicable nondiscrimination laws, including the Equal Protection
                Clause of the U.S. Constitution (as interpreted in United States v.
                Virginia, 518 U.S. 515 (1996), and other cases) and Title IX of the
                Education Amendments of 1972 (20 U.S.C. 1681, et seq.) and its
                regulations--including 34 CFR 106.34. This review may require the
                applicant to provide additional fact-specific information about the
                single-sex program. Please see the application package for additional
                information about an application proposing a single-sex magnet school
                or a coeducational magnet school offering single-sex classes or
                extracurricular activities.
                IV. Application and Submission Information
                 1. Application Submission Instructions: Applicants are required to
                follow the Common Instructions for Applicants to Department of
                Education Discretionary Grant Programs, published in the Federal
                Register on February 13, 2019 (84 FR 3768), and available at
                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 the MSAP, 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
                [[Page 13883]]
                Exemption 4. In the appropriate Appendix section of your application,
                under ``Other Attachments Form,'' please list the page number or
                numbers on which we can find this information. For additional
                information, please see 34 CFR 5.11(c).
                 3. Intergovernmental Review: This 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: We specify unallowable costs in 34 CFR
                280.41. 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 150 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, certifications, the
                desegregation plan and related information, and the tables used to
                respond to Competitive Preference Priorities 2 and 3; or the one-page
                abstract, the resumes, or letters of support. However, the recommended
                page limit does apply to all of the application narrative in Part III.
                 6. Notice of Intent To Apply: The Department will be able to review
                grant applications more efficiently if we know the approximate number
                of applicants that intend to apply. Therefore, we strongly encourage
                each potential applicant to notify the Department of their intent to
                submit an application. To do so, please submit your intent to apply for
                funding by completing a web-based form at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/school-choice-improvement-programs/magnet-school-assistance-program-msap/. Applicants
                that do not notify the Department of their intent to apply may still
                apply for funding.
                V. Application Review Information
                 1. Selection Criteria: The selection criteria are from 34 CFR
                75.210, 280.30, and 280.31, and sections 4401 and 4405 of the ESEA.
                 The maximum score for all of the selection criteria is 100 points.
                The maximum score for each criterion is included in parentheses
                following the title of the specific selection criterion. Each criterion
                also includes the factors that reviewers will consider in determining
                the extent to which an applicant meets the criterion.
                 Points awarded under these selection criteria are in addition to
                any points an applicant earns under the competitive preference
                priorities in this notice. The maximum score that an application may
                receive under the competitive preference priorities and the selection
                criteria is 111 points.
                 (a) Desegregation (30 points).
                 The Secretary reviews each application to determine the quality of
                the desegregation-related activities and determines the extent to which
                the applicant demonstrates--
                 (1) The effectiveness of its plan to recruit students from
                different social, economic, ethnic, and racial backgrounds into the
                magnet schools. (34 CFR 280.31)
                 (2) How it will foster interaction among students of different
                social, economic, ethnic, and racial backgrounds in classroom
                activities, extracurricular activities, or other activities in the
                magnet schools (or, if appropriate, in the schools in which the magnet
                school programs operate). (34 CFR 280.31)
                 (3) How it will ensure equal access and treatment for eligible
                project participants who have been traditionally underrepresented in
                courses or activities offered as part of the magnet school, e.g., women
                and girls in mathematics, science, or technology courses, and disabled
                students. (34 CFR 280.31)
                 (4) The effectiveness of all other desegregation strategies
                proposed by the applicant for the elimination, reduction, or prevention
                of minority group isolation in elementary schools and secondary schools
                with substantial proportions of minority students. (Section 4401(b)(1)
                of the ESEA)
                 (b) Quality of Project Design (30 points).
                 The Secretary reviews each application to determine the quality of
                the project design. In determining the quality of the design of the
                proposed project, the Secretary considers the following factors:
                 (1) The manner and extent to which the magnet school program will
                increase student academic achievement in the instructional area or
                areas offered by the school, including any evidence, or if such
                evidence is not available, a rationale based on current research
                findings, to support such description. (Sections 4405(b)(1)(E)(i) and
                4405(b)(1)(B) of the ESEA)
                 (2) The extent to which the training or professional development
                services to be provided by the proposed project are of sufficient
                quality, intensity, and duration to lead to improvements in practice
                among the recipients of those services. (34 CFR 75.210)
                 (3) The extent to which the services to be provided by the proposed
                project involve the collaboration of appropriate partners for
                maximizing the effectiveness of project services. (34 CFR 75.210)
                 (4) The extent to which there is a conceptual framework underlying
                the proposed research or demonstration activities and the quality of
                that framework. (34 CFR 75.210)
                 (c) Quality of Management Plan (15 points) (34 CFR 75.210).
                 The Secretary considers the quality of the management plan for the
                proposed project. In determining the quality of the management plan for
                the proposed project, the Secretary considers the following factors:
                 (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.
                 (2) How the applicant will ensure that a diversity of perspectives
                are brought to bear in the operation of the proposed project, including
                those of parents, teachers, the business community, a variety of
                disciplinary and professional fields, recipients or beneficiaries of
                services, or others, as appropriate.
                 (3) The extent to which the applicant demonstrates that it has the
                resources to operate the project beyond the length of the grant,
                including a multi-year financial and operating model and accompanying
                plan; the demonstrated commitment of any partners; evidence of broad
                support from stakeholders (e.g., State educational agencies, teachers'
                unions) critical to the project's long-term success; or more than one
                of these types of evidence.
                [[Page 13884]]
                 (d) Quality of Personnel (5 points) (34 CFR 280.31).
                 (1) The Secretary reviews each application to determine the
                qualifications of the personnel the applicant plans to use on the
                project. The Secretary determines the extent to which--
                 (a) The project director (if one is used) is qualified to manage
                the project;
                 (b) Other key personnel are qualified to manage the project; and
                 (c) Teachers who will provide instruction in participating magnet
                schools are qualified to implement the special curriculum of the magnet
                schools.
                 (2) To determine personnel qualifications, the Secretary considers
                experience and training in fields related to the objectives of the
                project, including the key personnel's knowledge of and experience in
                curriculum development and desegregation strategies.
                 (e) Quality of Project Evaluation (20 points) (34 CFR 75.210).
                 The Secretary considers the quality of the evaluation to be
                conducted of the proposed project. In determining the quality of the
                evaluation, the Secretary considers the following factors:
                 (1) The extent to which the methods of evaluation will, if well
                implemented, produce promising evidence (as defined in 34 CFR 77.1(c))
                about the project's effectiveness.
                 (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.
                 (3) The extent to which the costs are reasonable in relation to the
                objectives, design, and potential significance of the proposed project.
                 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
                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
                as well.
                 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(c).
                 4. Reporting: (a) If you apply for a grant under this competition,
                you must ensure that you have in place the necessary processes and
                systems to comply with the reporting requirements in 2 CFR part 170
                should you receive funding under the competition. This does not apply
                if you have an exception under 2 CFR 170.110(b).
                 (b) At the end of your project period, you must submit a final
                performance report, including financial information, as directed by the
                Secretary. If you receive a multiyear award, you must submit an annual
                performance report that provides the most current performance and
                financial expenditure information as directed by the Secretary under 34
                CFR 75.118. The Secretary may also require more frequent performance
                reports under 34 CFR 75.720(c). For specific requirements on reporting,
                please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
                 (c) If awarded a grant, applicants that responded to the selection
                criterion (e)(1), Quality of the Project Evaluation, must also submit a
                final evaluation report addressing the study to produce promising
                evidence.
                [[Page 13885]]
                 5. Performance Measures: We have established the following five
                performance measures for the MSAP:
                 (a) The number and percentage of magnet schools receiving
                assistance whose student enrollment reduces, eliminates, or prevents
                minority group isolation.
                 (b) The percentage increase of students from major racial and
                ethnic groups in magnet schools receiving assistance who score
                proficient or above on State assessments in reading/language arts as
                compared to previous year's data.
                 (c) The percentage increase of students from major racial and
                ethnic groups in magnet schools receiving assistance who score
                proficient or above on State assessments in mathematics as compared to
                previous year's data.
                 (d) The percentage of magnet schools that received assistance that
                are still operating magnet school programs three years after Federal
                funding ends.
                 (e) The percentage of magnet schools that received assistance that
                meet the State's annual measurable objectives and, for high schools,
                graduation rate targets at least three years after Federal funding
                ends.
                 Note: Recognizing that States are no longer required to report
                annual measurable objectives to the Department under the ESEA, we
                include this performance measure in order to ensure MSAP grantees
                monitor and report high school graduation rates. States must establish
                and measure against ambitious, long-term goals; we encourage MSAP
                grantees to consider these State goals and incorporate them into their
                annual performance reporting as appropriate.
                 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: March 5, 2020.
                Frank T. Brogan,
                Assistant Secretary for Elementary and Secondary Education.
                [FR Doc. 2020-04885 Filed 3-9-20; 8:45 am]
                BILLING CODE 4000-01-P
                

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