Application for New Awards; Charter Schools Program (CSP) Grants for State Educational Agencies, 23463-23474 [2016-09298]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23463-23474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09298]


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DEPARTMENT OF EDUCATION


Application for New Awards; Charter Schools Program (CSP) Grants 
for State Educational Agencies

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice.

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    Overview Information:
    Charter Schools Program (CSP) Grants for State Educational Agencies 
(SEAs)
    Notice inviting applications for new awards for fiscal year (FY) 
2016.

Catalog of Federal Domestic Assistance (CFDA) Number: 84.282A.


DATES: 
    Applications Available: April 21, 2016.
    Date of Pre-Application Webinar: April 26, 2016, 2:00 p.m. to 4:00 
p.m., Washington, DC, time.
    Deadline for Transmittal of Applications: June 1, 2016.
    Deadline for Intergovernmental Review: July 30, 2016.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the CSP is to increase national 
understanding of the charter school model by--
    (1) Providing financial assistance for the planning, program 
design, and initial implementation of charter schools;
    (2) Evaluating the effects of charter schools, including the 
effects on students, student achievement, student growth, staff, and 
parents;
    (3) Expanding the number of high-quality charter schools available 
to students across the Nation; and
    (4) Encouraging the States to provide support to charter schools 
for facilities financing in an amount more nearly commensurate to the 
amount the States have typically provided for traditional public 
schools.
    The purpose of the CSP Grants for SEAs competition is to enable 
SEAs to provide financial assistance, through subgrants to eligible 
applicants (also referred to as non-SEA eligible applicants), for the 
planning, program design, and initial implementation of charter schools 
and for the dissemination of information about successful charter 
schools, including practices that existing charter schools have 
demonstrated are successful.

SUPPLEMENTARY INFORMATION: On December 10, 2015, the President signed 
into law the Every Student Succeeds Act (ESSA), Public Law 114-95, 
which reauthorized the Elementary and Secondary Education Act of 1965 
(ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). 
Under section 5(c) of the ESSA, CSP grants awarded in FY 2016 and 
earlier years will operate in accordance with the requirements of the 
ESEA, as amended by NCLB, and any continuation awards applicable to 
these grants also will operate in accordance with such requirements.
    The FY 2016 CSP Grants for SEAs competition is similar to the 
previous year's competition, with a few changes to simplify the 
application and review process, consistent with feedback from 
applicants, peer reviewers, and panel monitors. Notably, the 
competitive preference priorities have been streamlined and the 
selection criteria have been reduced in number and simplified. In 
addition, to ensure that CSP funds are used efficiently by SEAs and 
their subgrantees, the Department has established a maximum amount of 
subgrant funds that an SEA may award to a subgrantee for planning, 
program design, and initial implementation of a charter school. In 
developing their applications, applicants should review the application 
package available at www.grants.gov for additional information 
concerning the priorities, application requirements, and selection 
criteria for this competition, as well as more detailed information on 
the application submission process.
    As in FY 2015, the Department seeks to achieve three main goals 
through this competition. The first goal is to ensure that CSP funds 
are directed toward the creation of high-quality charter schools. For 
example, under selection criterion (d) Project Design, reviewers will 
consider how an applicant's CSP project design furthers its overall 
strategy for increasing the number of high-quality charter schools in 
the State, including how the SEA intends to ensure that subgrants will 
be awarded to eligible applicants demonstrating the capacity to create 
high-quality charter schools.
    The second goal is to strengthen public accountability for 
authorized public chartering agencies (also referred to as authorizers) 
and their charter schools through rigorous and transparent charter 
school authorization and oversight processes. For example, Absolute 
Priorities 1 Periodic Review and Evaluation and 2 Charter School 
Oversight require an applicant to demonstrate that its State implements 
specific charter school authorization and oversight policies to ensure 
public accountability for charter schools in the State, including 
holding authorized public chartering agencies accountable for the 
quality of the charter schools in their portfolios.
    The third goal is to support and improve academic outcomes for 
educationally disadvantaged students through equal access to high-
quality charter schools, improved academic performance for students at 
the greatest risk of academic failure, and a concerted effort to 
increase student-body diversity in charter schools. Diversity--in 
particular racial, ethnic, and socioeconomic diversity--is a critical 
component of improving outcomes for all students, including 
educationally disadvantaged students. Accordingly, under selection 
criterion (f) Oversight of Authorized Public Chartering Agencies, 
reviewers will consider the quality of an applicant's plan to help 
ensure that authorized public chartering agencies approve charter 
school petitions that incorporate school models, practices, or 
strategies that may be effective in improving outcomes for 
educationally disadvantaged students, including models, practices, and 
strategies that focus on increasing student-body diversity. These 
approaches may include, for example, site-location and transportation 
planning to facilitate charter school enrollment of students from 
different neighborhoods or communities, targeted recruitment of high-
need student populations to attract diverse pools of applicants to 
charter schools, weighted admissions lotteries for educationally 
disadvantaged students to increase student body diversity in charter 
schools, academic themes and course offerings to attract a diverse 
group of students, or other practices, including evidence-based 
practices related to serving educationally disadvantaged students, such 
as practices designed to increase access to rigorous coursework or 
intensive, near-peer mentoring for such students. In addition, the 
dissemination of best practices related to student discipline and 
school climate may help

[[Page 23464]]

prevent disproportionate suspensions and expulsions, and increase 
retention and academic performance, of educationally disadvantaged 
students enrolled in charter schools. Under selection criterion (e), 
Dissemination of Information and Best Practices, reviewers will 
consider the quality of the SEA's plan for disseminating information 
and research on best or promising practices related to student 
discipline. Lastly, as part of our commitment to transparency and 
ensuring that charter schools are serving all students, including our 
Nation's high-need students, we include an invitational priority 
designed to encourage applicants to describe how they publicly report 
student demographic information for each charter school in their State, 
as well as how they publicly report comparable demographic information 
for school districts and public schools in the surrounding areas.
    Although related, the goal of increasing student-body diversity 
should not be confused with basic compliance requirements related to 
non-discrimination. We remind applicants of the need to ensure charter 
school compliance with applicable Federal and State laws and policies, 
and expect grantees to include appropriate oversight in their 
subgrantee monitoring plans with respect to the following areas:
    (1) For all charter schools that receive CSP or other Federal 
funds, compliance with non-discrimination laws, including 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, Part B of the Individuals with Disabilities 
Act (IDEA), and applicable State laws;
    (2) For charter schools that are opened and operate as single-sex 
schools, 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 implementing regulations, including 34 CFR 106.34(c). In 
addition, with respect to opening and operating co-educational charter 
schools that offer single-sex classes or extracurricular activities, 
the applicant must ensure that charter schools in its State comply with 
the Title IX regulations at 34 CFR 106.34(b). Please see the 
application package for further information;
    (3) For charter schools that are closing (whether voluntarily or 
otherwise), compliance with applicable laws that govern public school 
closures generally, and requirements for closing out CSP subgrants 
properly. The Department encourages SEAs to develop written procedures 
and guidelines to assist charter schools that close in addressing 
various issues, including appropriate disposition of the school's 
assets, placement of students in other public schools, the transfer of 
student records, and protection of students' personal information.
    Priorities: This notice includes two absolute priorities, two 
competitive preference priorities, and one invitational priority. The 
absolute priorities and Competitive Preference Priority 1 are from the 
notice of final priorities, requirements, definitions, and selection 
criteria for this program, published in the Federal Register on June 
15, 2015 (80 FR 34201) (NFP), and Competitive Preference Priority 2 is 
from section 5202(e) of the ESEA (20 U.S.C. 7221a(e)(3)(B)).
    Absolute Priorities: For FY 2016 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet both of the 
following absolute priorities.
    These priorities are:
    Absolute Priority 1--Periodic Review and Evaluation
    To meet this priority, the applicant must demonstrate that the 
State provides for periodic review and evaluation by the authorized 
public chartering agency of each charter school at least once every 
five years, unless required more frequently by State law, and takes 
steps to ensure that such reviews take place. The review and evaluation 
must serve to determine whether the charter school is meeting the terms 
of the school's charter and meeting or exceeding the student academic 
achievement requirements and goals for charter schools as set forth in 
the school's charter or under State law, a State regulation, or a State 
policy, provided that the student academic achievement requirements and 
goals for charter schools established by that policy meet or exceed 
those set forth under applicable State law or State regulation. This 
periodic review and evaluation must include an opportunity for the 
authorized public chartering agency to take appropriate action or 
impose meaningful consequences on the charter school, if necessary.
    Absolute Priority 2--Charter School Oversight
    To meet this priority, an application must demonstrate that State 
law, regulations, or other policies in the State where the applicant is 
located require the following:
    (a) That each charter school in the State--
    (1) Operates under a legally binding charter or performance 
contract between itself and the school's authorized public chartering 
agency that describes the rights and responsibilities of the school and 
the public chartering agency;
    (2) Conducts annual, timely, and independent audits of the school's 
financial statements that are filed with the school's authorized public 
chartering agency; and
    (3) Demonstrates improved student academic achievement; and
    (b) That all authorized public chartering agencies in the State use 
increases in student academic achievement for all groups of students 
described in section 1111(b)(2)(C)(v) of the ESEA (20 U.S.C. 
6311(b)(2)(C)(v)) as one of the most important factors when determining 
whether to renew or revoke a school's charter.
    Competitive Preference Priorities: For FY 2016 and any subsequent 
year in which we make awards based on the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 
15 points to an application depending on how well the application 
addresses Competitive Preference Priority 1, and an additional five 
points to an application that meets Competitive Preference Priority 2. 
Applications addressing each of these priorities may receive up to a 
total of 20 priority points.
    These priorities are:
    Competitive Preference Priority 1--High-Quality Authorizing and 
Monitoring Processes (Up to 15 additional points)
    To meet this priority, an applicant must demonstrate that all 
authorized public chartering agencies in the State use one or more of 
the following:
    (a) Authorizing processes that establish clear criteria for 
evaluating charter applications and include a multi-tiered clearance or 
review of a charter school, including a final review immediately before 
the school opens for its first operational year.
    (b) Authorizing processes that include differentiated review of 
charter petitions to assess whether, and the extent to which, the 
charter school developer has been successful (as determined by the 
authorized public chartering agency) in establishing and operating one 
or more high-quality charter schools.
    (c) Clear and specific standards and formalized processes that 
measure and

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benchmark the performance of the authorized public chartering agency or 
agencies, including the performance of its portfolio of charter 
schools, and provide for the annual dissemination of information on 
such performance.
    Competitive Preference Priority 2--One Authorized Public Chartering 
Agency Other Than a Local Educational Agency, or an Appeals Process (0 
or 5 points)
    To meet this priority, the applicant must demonstrate that the 
State--
    (a) Provides for one authorized public chartering agency that is 
not a local educational agency (LEA), such as a State chartering board, 
for each individual or entity seeking to operate a charter school 
pursuant to State law; or
    (b) In the case of a State in which LEAs are the only authorized 
public chartering agencies, allows for an appeals process for the 
denial of an application for a charter school.
    Invitational Priority: For FY 2016 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1) we do not give an application that meets this invitational 
priority a competitive or absolute preference over other applications.
    This priority is:
    Public Reporting of Charter School Demographics
    The Secretary encourages projects that specify how, on an annual 
basis, the SEA publicly reports, or will publicly report, on student 
demographics (e.g., socioeconomic status, race, ethnicity, English 
language learner status, and disability status) of each charter school 
in the State, and how the SEA publicly reports comparable data for 
school districts and public schools in the surrounding areas.
    Application Requirements:
    Applications for funding under the CSP Grants for SEAs program must 
address the application requirements described below.
    These application requirements are from sections 5203(b) and 
5204(e) and (f) of the ESEA (20 U.S.C. 7221b(b), 7221c(e) and (f)), and 
the NFP. An applicant may choose to respond to the application 
requirements in the context of its responses to the selection criteria, 
when applicable.
    (a) Disseminating best practices: Describe how the SEA will 
disseminate best or promising practices of charter schools to each LEA 
in the State.
    (b) Federal funds and programs: Describe how the SEA--
    (i) Will inform each charter school in the State regarding Federal 
funds the charter school is eligible to receive and Federal programs in 
which the charter school may participate; and
    (ii) Will ensure that each charter school in the State receives the 
charter school's commensurate share of Federal education funds that are 
allocated by formula each year, including during the first year of 
operation of the school.
    (c) IDEA Compliance: Describe how charter schools that are 
considered to be LEAs under State law, and LEAs in which charter 
schools are located, will comply with sections 613(a)(5) and 
613(e)(1)(B) of IDEA (20 U.S.C. 1400, et seq.).
    (d) Logic model: Provide a complete logic model (as defined in this 
notice) for the project. The logic model must address the role of the 
grant in promoting the State-level strategy for expanding the number of 
high-quality charter schools through startup subgrants, optional 
dissemination subgrants, optional revolving loan funds, and other 
strategies.
    (e) Lottery and enrollment preferences: Describe (1) how lotteries 
for admission to charter schools will be conducted in the State, 
including any student enrollment preferences or exemptions from the 
lottery that charter schools are required or expressly permitted by the 
State to employ; and (2) any mechanisms that exist for the SEA or 
authorized public chartering agency to review, monitor, or approve such 
lotteries or student enrollment preferences or exemptions from the 
lottery. In addition, the SEA must provide an assurance that it will 
require each applicant for a CSP subgrant to include in its application 
descriptions of its recruitment and admissions policies and practices, 
including a description of the proposed lottery and any enrollment 
preferences or exemptions from the lottery the charter school employs 
or plans to employ, and how those enrollment preferences or exemptions 
are consistent with State law and the CSP authorizing statute (for 
information related to admissions and lotteries under the CSP, please 
see section E of the CSP Nonregulatory Guidance (January 2014) at 
www2.ed.gov/programs/charter/nonregulatory-guidance.html).
    (f) Objectives: Describe the objectives of the SEA's charter school 
grant program and how these objectives will be fulfilled, including 
steps taken by the SEA to inform teachers, parents, and communities of 
the SEA's charter school grant program;
    (g) Revolving loan fund: If an SEA elects to reserve a portion of 
its grant funds (no more than 10 percent) to establish a revolving loan 
fund, describe how the revolving loan fund would operate; and
    (h) Waivers: If an SEA desires the Secretary to consider waivers 
under section 5204(e) of the ESEA (20 U.S.C. 7221c(e)), include a 
request and justification for any waiver of any statutory or regulatory 
requirement over which the Secretary exercises authority except any 
such requirement relating to the elements of a charter school described 
in section 5210(1) of the ESEA.
    Definitions:
    The following definitions are from 34 CFR 77.1, the NFP, and 
section 5210 of the CSP authorizing statute (20 U.S.C. 7221i).
    Academically poor-performing charter school means--
    (a) A charter school that has been in operation for at least three 
years and that--
    (1) Has been identified as being in the lowest-performing five 
percent of all schools in the State and has failed to improve school 
performance (based on the SEA's accountability system under the ESEA) 
over the past three years; and
    (2) Has failed to demonstrate student academic growth of at least 
an average of one grade level for each cohort of students in each of 
the past three years, as demonstrated by statewide or other assessments 
approved by the authorized public chartering agency; or
    (b) An SEA may use an alternative definition for academically poor-
performing charter school, provided that the SEA provides (1) the 
specific definition it proposes to use; and (2) a written explanation 
of how the proposed definition is at least as rigorous as the standard 
in paragraph (a).
    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.
    Baseline means the starting point from which performance is 
measured and targets are set.
    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.

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    Educationally disadvantaged students means economically 
disadvantaged students, students with disabilities, migrant students, 
limited English proficient students (also referred to as English 
learners or English language learners), neglected or delinquent 
students, or homeless students.
    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 under section 
5203(d)(3) of the ESEA.
    High-quality charter school means--
    (a) A charter school that shows evidence of strong academic results 
for the past three years (or over the life of the school, if the school 
has been open for fewer than three years), based on the following 
factors:
    (1) Increased student academic achievement and attainment 
(including, if applicable and available, high school graduation rates 
and college and other postsecondary education enrollment rates) for all 
students, including, as applicable, educationally disadvantaged 
students served by the charter school;
    (2) Either--
    (i) Demonstrated success in closing historic achievement gaps for 
the subgroups of students described in section 1111(b)(2)(C)(v)(II) of 
the ESEA (20 U.S.C. 6311(b)(2)(C)(v)(II)) at the charter school; or
    (ii) No significant achievement gaps between any of the subgroups 
of students described in section 1111(b)(2)(C)(v)(II) of the ESEA (20 
U.S.C. 6311) at the charter school and significant gains in student 
academic achievement for all populations of students served by the 
charter school;
    (3) Results (including, if applicable and available, performance on 
statewide tests, annual student attendance and retention rates, high 
school graduation rates, college and other postsecondary education 
attendance rates, and college and other postsecondary education 
persistence rates) for low-income and other educationally disadvantaged 
students served by the charter school that are above the average 
academic achievement results for such students in the State;
    (4) Results on a performance framework established by the State or 
authorized public chartering agency for the purpose of evaluating 
charter school quality; and
    (5) No significant compliance issues, particularly in the areas of 
student safety, financial management, and equitable treatment of 
students; or
    (b) An SEA may use an alternative definition for high-quality 
charter school, provided that the SEA provides (1) the specific 
definition it proposes to use; and (2) a written explanation of how the 
proposed definition is at least as rigorous as the standard in 
paragraph (a).
    Logic model (also referred to as theory of action) means a well-
specified conceptual framework that identifies key components of the 
proposed process, product, strategy, or practice (i.e., the active 
``ingredients'' that are hypothesized to be critical to achieving the 
relevant outcomes) and describes the relationships among the key 
components and outcomes, theoretically and operationally.
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance.
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project.
    Relevant outcome means the student outcome(s) (or the ultimate 
outcome if not related to students), the proposed process, product, 
strategy, or practice is designed to improve; consistent with the 
specific goals of a program.
    Significant compliance issue means a violation that did, will, or 
could (if not addressed or if it represents a pattern of repeated 
misconduct or material non-compliance) lead to the revocation of a 
school's charter by the authorizer.

    Program Authority:  The CSP is authorized under Title V, Part B, 
Subpart 1 of the ESEA (20 U.S.C. 7221-7221j); and the Consolidated 
Appropriations Act, 2016, Pub. L. 114-113 (FY 2016 Appropriations 
Act).

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 81, 
82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget 
Guidelines to Agencies on Governmentwide Debarment and Suspension 
(Nonprocurement) in 2 CFR part 180, as adopted and amended as 
regulations of the Department in 2 CFR part 3485. (c) The Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR 
3474. (d) The NFP.

    Note:  The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.


    Note:  The regulations in 34 CFR part 86 apply only to 
institutions of higher education.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $160,000,000.
    Estimated Range of Awards: $2,000,000 to $42,000,000 per year.
    Estimated Average Size of Awards: $10,000,000 per year.
    Estimated Number of Awards: 8 to 12.

    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.


    Project Period: Up to 36 months.

    Note:  SEAs may award planning and implementation subgrants to 
eligible applicants for a period of up to three years, no more than 
18 months of which may be used for planning and program design and 
no more than two years of which may be used for the initial 
implementation of a charter school. SEAs may award dissemination 
subgrants to eligible charter schools for a period of up to two 
years.

    Maximum Award: There is no maximum award amount for this 
competition. See Reasonable and Necessary Costs in section III.3.(a) 
below, however, for information regarding the maximum amount of funds 
that SEAs may award for each planning, program design, and initial 
implementation subgrant.

III. Eligibility Information

    1. Eligible Applicants: SEAs in States with a State statute 
specifically authorizing the establishment of charter schools.

    Note: Non-SEA eligible applicants in States in which the SEA 
elects not to participate in or does not have an application 
approved under the CSP may apply for funding directly from the 
Department. The Department plans to announce two separate 
competitions for CSP grants to non-SEA eligible applicants later in 
the year, under CFDA numbers 84.282B (Non-SEA Planning, Program 
Design, and Initial Implementation grants) and 84.282C (Non-SEA 
Dissemination grants). Additional information about the competitions 
for non-SEA eligible applicants is available at https://innovation.ed.gov/what-we-do/charter-schools/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant.

    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Other:
    (a) Reasonable and Necessary Costs: The Secretary may elect to 
impose maximum limits on the amount of subgrant funds that an SEA may 
award to an eligible entity.
    For CSP grants awarded under this competition, the maximum amount 
of subgrant funds that an SEA may award to an eligible entity for 
planning, program design, and initial

[[Page 23467]]

implementation of a single charter school is $800,000.
    (b) Other CSP Grants: A charter school that receives or has 
received CSP funds for planning, program design, or initial 
implementation under section 5202(c)(2) of the ESEA (CFDA No. 84.282B), 
or for the replication or expansion of a high-quality charter school 
under one of the Department's Appropriations Acts \1\ (CFDA No. 
84.282M), is not eligible to receive subgrant funds from an SEA under 
this program for the same or a substantially similar purpose.
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    \1\ Beginning with the Consolidated Appropriations Act, 2010, 
Public Law 111-117, each of the Department's appropriations acts 
through the FY 2016 Appropriations Act has authorized the Secretary 
to award grants for the replication and expansion of charter 
schools.
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    Likewise, a charter school that receives or has received subgrant 
funds from an SEA under this program is ineligible to receive other CSP 
funds for the same or a substantially similar purpose under section 
5202(c)(2) of the ESEA, including for planning, program design, or the 
initial implementation of a charter school (CFDA No. 84.282B), or for 
the replication or expansion of a high-quality charter school (CFDA No. 
84.282M) under one of the Department's Appropriations Acts.

IV. Application and Submission Information

    1. Address To Request Application Package: Kathryn Meeley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W257, 
Washington, DC 20202-5970. Telephone: (202) 453-6818 or by email: 
Kathryn.Meeley@ed.gov.
    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.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the program contact person listed in 
this section.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in the application package for this competition.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. We recommend that you limit 
the application narrative (Part III) to no more than 60 pages, using 
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. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    The 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 page 
limit does apply to all of the application narrative section (Part 
III).
    3. Submission Dates and Times:
    Applications Available: April 21, 2016.
    Date of Pre-Application Webinar: The Department will hold a pre-
application Webinar for prospective applicants from 2:00 p.m.-4:00 p.m. 
on April 26, 2016.
    Individuals interested in participating in this Webinar are 
encouraged to pre-register through our Web site at (https://educateevents.webex.com/educateevents/onstage/g.php?d=743947188&t=a). 
There is no registration fee for participating in this Webinar.
    For further information about the pre-application Webinar, contact 
Kathryn Meeley, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 4W257, Washington, DC 20202-5970. Telephone: (202) 453-6818 or by 
email: Kathryn.Meeley@ed.gov.
    Deadline for Transmittal of Applications: June 1, 2016.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to section IV. 7. Other Submission 
Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: July 30, 2016.
    4. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this program.
    5. Funding Restrictions: Grant funds must be used to carry out 
allowable activities, as described in section 5204(f) of the ESEA (20 
U.S.C. 7221c(f)). The following funding restrictions apply to this 
competition:
    Planning and Implementation Subgrants: An eligible applicant 
receiving a subgrant under this program may use the subgrant funds only 
for--
    (a) Post-award planning and design of the educational program, 
which may include (i) refinement of the desired educational results and 
of the methods for measuring progress toward achieving those results; 
and (ii) professional development of teachers and other staff who will 
work in the charter school; and
    (b) Initial implementation of the charter school, which may include 
(i) informing the community about the school; (ii) acquiring necessary 
equipment and educational materials and supplies; (iii) acquiring or 
developing curriculum materials; and (iv) other initial operational 
costs that cannot be met from State or local sources. (20 U.S.C. 
7221c(f)(3))
    The FY 2016 Appropriations Act authorizes the use of CSP funds 
``for grants that support preschool education in charter schools.'' 
Accordingly, an application submitted under this competition may 
propose to use CSP funds to support preschool education in charter 
schools. For information on the use of CSP funds to support preschool 
education in charter schools, see ``Guidance on the Use of Funds to 
Support Preschool Education'' at www2.ed.gov/programs/charter/csppreschoolfaqs.doc.
    Dissemination Subgrants: An SEA may reserve not more than 10 
percent of its grant funds to make subgrants to eligible charter 
schools to carry out

[[Page 23468]]

dissemination activities. A charter school may use dissemination 
subgrant funds to assist other schools in adapting the charter school's 
program (or certain aspects of the charter school's program) or to 
disseminate information about the charter school through such 
activities as--
    (a) Assisting other individuals with the planning and start-up of 
one or more new public schools, including charter schools, that are 
independent of the assisting charter school and the assisting charter 
school's developers and that agree to be held to at least as high a 
level of accountability as the assisting charter school;
    (b) Developing partnerships with other public schools, including 
charter schools, designed to improve student academic achievement in 
each of the schools participating in the partnership;
    (c) Developing curriculum materials, assessments, and other 
materials that promote increased student achievement and are based on 
successful practices within the assisting charter school; and
    (d) Conducting evaluations and developing materials that document 
the successful practices of the assisting charter school and that are 
designed to improve student achievement.
    Award Basis. In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the amount of any unobligated carryover funds the applicant has 
under an existing CSP grant and 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 75.233(b)). In assessing the applicant's 
performance and use of funds under a previous or existing award, the 
Secretary will consider, among other things, the outcomes the applicant 
has achieved and the results of any Departmental grant monitoring, 
including the applicant's progress in remedying any deficiencies 
identified in such monitoring.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the System for Award 
Management (SAM) (formerly the Central Contractor Registry), the 
Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number from Dun and Bradstreet at the 
following Web site: https://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.

    Note:  Once your SAM registration is active, it may be 24 to 48 
hours before you can access the information in, and submit an 
application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This may take three or more business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.
    In addition, if you are submitting your application via Grants.gov, 
you must (1) be designated by your organization as an Authorized 
Organization Representative (AOR); and (2) register yourself with 
Grants.gov as an AOR. Details on these steps are outlined at the 
following Grants.gov Web page: www.grants.gov/web/grants/register.html.
    7. Other Submission Requirements. Applications for grants under 
this competition must be submitted electronically unless you qualify 
for an exception to this requirement in accordance with the 
instructions in this section.

a. Electronic Submission of Applications

    Applications for grants under the CSP Grants for SEAs competition, 
CFDA number 84.282A, must be submitted electronically using the 
Governmentwide Grants.gov Apply site at www.Grants.gov. Through this 
site, you will be able to download a copy of the application package, 
complete it offline, and then upload and submit your application. You 
may not email an electronic copy of a grant application to us.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    You may access the electronic grant application for CSP Grants for 
SEAs competition at www.Grants.gov. You must search for the 
downloadable application package for this competition by the CFDA 
number. Do not include the CFDA number's alpha suffix in your search 
(e.g., search for 84.282, not 84.282A).
    Please note the following:
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
     Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted and must 
be date and time stamped by the Grants.gov system no later than 4:30:00 
p.m., Washington, DC time, on the application deadline date. Except as 
otherwise noted in this section, we will not accept your application if 
it is received--that is, date and time stamped by the Grants.gov 
system--after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. We do not consider an application that does not comply 
with the deadline requirements. When we retrieve your application from 
Grants.gov, we will notify you if we are rejecting your application 
because it was date and time

[[Page 23469]]

stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC 
time, on the application deadline date.
     The amount of time it can take to upload an application 
will vary depending on a variety of factors, including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
     You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this competition to ensure that 
you submit your application in a timely manner to the Grants.gov 
system. You can also find the Education Submission Procedures 
pertaining to Grants.gov under News and Events on the Department's G5 
system home page at www.G5.gov. In addition, for specific guidance and 
procedures for submitting an application through Grants.gov, please 
refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you qualify for an exception to the electronic submission 
requirement, as described elsewhere in this section, and submit your 
application in paper format.
     You must submit all documents electronically, including 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications.
     You must upload any narrative sections and all other 
attachments to your application as files in a read-only, non-modifiable 
Portable Document Format (PDF). Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a 
password-protected file, we will not review that material. Please note 
that this could result in your application not being considered for 
funding because the material in question--for example, the project 
narrative--is critical to a meaningful review of your proposal. For 
that reason, it is important to allow yourself adequate time to upload 
all material as PDF files. The Department will not convert material 
from other formats to PDF.
     Your electronic application must comply with any page-
limit requirements described in this notice.
     After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. This notification indicates 
receipt by Grants.gov only, not receipt by the Department. Grants.gov 
will also notify you automatically by email if your application met all 
the Grants.gov validation requirements or if there were any errors 
(such as submission of your application by someone other than a 
registered Authorized Organization Representative, or inclusion of an 
attachment with a file name that contains special characters). You will 
be given an opportunity to correct any errors and resubmit, but you 
must still meet the deadline for submission of applications.
    Once your application is successfully validated by Grants.gov, the 
Department will retrieve your application from Grants.gov and send you 
an email with a unique PR/Award number for your application.
    These emails do not mean that your application is without any 
disqualifying errors. While your application may have been successfully 
validated by Grants.gov, it must also meet the Department's application 
requirements as specified in this notice and in the application 
instructions. Disqualifying errors could include, for instance, failure 
to upload attachments in a read-only, non-modifiable PDF; failure to 
submit a required part of the application; or failure to meet applicant 
eligibility requirements. It is your responsibility to ensure that your 
submitted application has met all of the Department's requirements.
     We may request that you provide us original signatures on 
forms at a later date.
    Application Deadline Date Extension in Case of Technical Issues 
With the Grants.gov System: If you are experiencing problems submitting 
your application through Grants.gov, please contact the Grants.gov 
Support Desk, toll free, at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it. If 
you are prevented from electronically submitting your application on 
the application deadline date because of technical problems with the 
Grants.gov system, we will grant you an extension until 4:30:00 p.m., 
Washington, DC time, the following business day to enable you to 
transmit your application electronically or by hand delivery. You also 
may mail your application by following the mailing instructions 
described elsewhere in this notice.
    If you submit an application after 4:30:00 p.m., Washington, DC 
time, on the application deadline date, please contact the person 
listed under FOR FURTHER INFORMATION CONTACT in section VII of this 
notice and provide an explanation of the technical problem you 
experienced with Grants.gov, along with the Grants.gov Support Desk 
Case Number. We will accept your application if we can confirm that a 
technical problem occurred with the Grants.gov system and that the 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. We will 
contact you after we determine whether your application will be 
accepted.

    Note: The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the Grants.gov system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to 
the Grants.gov system;
and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevents you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline 
date. If you fax your written statement to the Department, we must 
receive the faxed statement no later than two weeks before the 
application deadline date.
    Address and mail or fax your statement to: Kathryn Meeley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W257, 
Washington, DC 20202-5970. FAX: (202) 205-5630.

[[Page 23470]]

    Your paper application must be submitted in accordance with the 
mail or hand-delivery instructions described in this notice.

b. Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
CFDA Number 84.282A, LBJ Basement Level 1, 400 Maryland Avenue SW., 
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    We will not consider applications postmarked after the application 
deadline date.

c. Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
CFDA Number 84.282A, 550 12th Street SW., Room 7039, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 11 of the SF 424 the CFDA number, including suffix 
letter, if any, of the competition under which you are submitting your 
application; and
    (2) The Application Control Center will mail to you a notification 
of receipt of your grant application. If you do not receive this 
notification within 15 business days from the application deadline 
date, you should call the U.S. Department of Education Application 
Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from the NFP, section 5204(a) of the ESEA (20 U.S.C. 7221c), and 34 CFR 
75.210. Peer reviewers will use the Scoring Allocation Chart in the 
Appendix to this notice in evaluating an SEA's response and assigning 
points to each selection criterion. The maximum possible score for 
addressing each criterion and its component factors (if applicable) is 
provided in the Appendix.

    Note:  The Secretary does not consider selection criterion (c) 
Past Performance in evaluating the application submitted by an SEA 
in a State that enacted a charter school law for the first time less 
than five years before the closing date of this competition. 
Accordingly, such an SEA should not address this criterion in its 
application. To enable the Secretary to determine whether to 
consider criterion (c), an SEA should provide in its application the 
date that its State first enacted a charter school law and relevant 
supporting documentation.

    In evaluating an application, the Secretary considers the following 
selection criteria:
    (a) Educationally Disadvantaged Students. (20 U.S.C. 7221c) The 
Secretary considers the contribution that the charter schools grant 
program will make to assisting educationally disadvantaged and other 
students in meeting State academic content standards and State student 
academic achievement standards.
    (b) Vision for Growth and Accountability. (NFP) The Secretary 
determines the quality of the statewide vision, including the role of 
the SEA, for charter school growth and accountability. In determining 
the quality of the statewide vision, the Secretary considers the 
following factors:
    (1) The ambitiousness, quality of vision, and feasibility of the 
SEA's plan (including key actions) to support the creation of high-
quality charter schools during the project period, including a 
reasonable estimate of the number of high-quality charter schools in 
the State at both the beginning and the end of the project period; and
    (2) The ambitiousness, quality of vision, and feasibility of the 
SEA's plan (including key actions) to support the closure of 
academically poor-performing charter schools in the State (i.e., 
through revocation, non-renewal, or voluntary termination of a charter) 
during the project period.
    (c) Past Performance. (NFP) The Secretary considers the past 
performance of charter schools in a State that enacted a charter school 
law for the first time five or more years before submission of its 
application. In determining the past performance of charter schools in 
such a State, the Secretary considers the following factors:
    (1) The extent to which there has been a demonstrated increase, for 
each of the past five years, in the number and percentage of high-
quality charter schools (as defined in this notice) in the State; and
    (2) The extent to which there has been a demonstrated reduction, 
for each of the past five years, in the number and percentage of 
academically poor-performing charter schools (as defined in this 
notice) in the State.
    (d) Project Design. (NFP) The Secretary considers the quality of 
the design of the SEA's charter school subgrant program, including the 
extent to which the project design furthers the SEA's overall strategy 
for increasing the number of high-quality charter schools in the State 
and improving student academic achievement. In determining the quality 
of the project design, the Secretary considers the following factors:
    (1) The quality of the SEA's process for awarding subgrants for 
planning, program design, and initial implementation and, if 
applicable, for dissemination, including--
    (i) The subgrant application and peer review process, timelines for 
these processes, and how the SEA intends to ensure that subgrants will 
be awarded to eligible applicants demonstrating the capacity to create 
high-quality charter schools; and
    (ii) A reasonable year-by-year estimate, with supporting evidence, 
of (a) the number of subgrants the SEA expects to award during the 
project period and the average size of those subgrants, including an 
explanation of any assumptions upon which the estimates are based; and 
(b) if the SEA

[[Page 23471]]

has previously received a CSP grant, the percentage of eligible 
applicants that were awarded subgrants and how this percentage related 
to the overall quality of the applicant pool.
    (2) The process for monitoring CSP subgrantees.
    (e) Dissemination of Information and Best Practices. (NFP) The 
Secretary considers the quality of the SEA's plan to disseminate 
information about charter schools and best or promising practices of 
successful charter schools to each LEA in the State as well as to 
charter schools, other public schools, and charter school developers 
(20 U.S.C. 7221b(b)(2)(C) and 7221(c)(f)(6)). If an SEA proposes to use 
a portion of its grant funds for dissemination subgrants under section 
5204(f)(6)(B) of the ESEA (20 U.S.C. 7221c(f)(6)(B)), the SEA should 
incorporate these subgrants into the overall plan for dissemination. In 
determining the quality of the SEA's plan to disseminate information 
about charter schools and best or promising practices of successful 
charter schools, the Secretary considers the following factors:
    (1) The extent to which the SEA will serve as a leader in the State 
for identifying and disseminating information and research (which may 
include, but is not limited to, providing technical assistance) about 
best or promising practices in successful charter schools, including 
how the SEA will use measures of efficacy and data in identifying such 
practices and assessing the impact of its dissemination activities.
    (2) The quality of the SEA's plan for disseminating information and 
research on best or promising practices in charter schools related to 
student discipline and school climate.
    (f) Oversight of Authorized Public Chartering Agencies. (NFP)
    (1) The Secretary considers the quality of the SEA's plan 
(including any use of grant administrative or other funds) to monitor, 
evaluate, assist, and hold accountable authorized public chartering 
agencies. In determining the quality of the SEA's plan to provide 
oversight to authorized public chartering agencies, the Secretary 
considers how well the SEA's plan will ensure that authorized public 
chartering agencies are--
    (i) Approving charter school petitions with design elements that 
incorporate evidence-based school models and practices, including, but 
not limited to, school models and practices that focus on racial and 
ethnic diversity in student bodies and diversity in student bodies with 
respect to educationally disadvantaged students, consistent with 
applicable law;
    (ii) Establishing measureable academic and operational performance 
expectations for all charter schools (including alternative charter 
schools, virtual charter schools, and charter schools that include pre-
kindergarten, if such schools exist in the State) that are consistent 
with the definition of high-quality charter school as defined in this 
notice;
    (iii) Providing, on an annual basis, public reports on the 
performance of their portfolios of charter schools, including the 
performance of each individual charter school with respect to meeting 
the terms of, and expectations set forth in, the school's charter or 
performance contract; and
    (iv) Supporting charter school autonomy while holding charter 
schools accountable for results and meeting the terms of their charters 
or performance contracts.
    (2) The Secretary considers the quality of the SEA's plan 
(including any use of grant administrative or other funds) to monitor, 
evaluate, assist, and hold accountable authorized public chartering 
agencies. In determining the quality of the SEA's plan to provide 
oversight to authorized public chartering agencies, the Secretary 
considers how well the SEA's plan will ensure that authorized public 
chartering agencies are--
    (i) Seeking and approving charter school petitions from developers 
that have the capacity to create charter schools that can become high-
quality charter schools;
    (ii) Monitoring their charter schools on at least an annual basis, 
including conducting an in-depth review of each charter school at least 
once every five years, to ensure that charter schools are meeting the 
terms of their charter or performance contracts and complying with 
applicable State and Federal laws;
    (iii) Using increases in student academic achievement as one of the 
most important factors in renewal decisions; basing renewal decisions 
on a comprehensive set of criteria, which are set forth in the charter 
or performance contract; and revoking, not renewing, or encouraging the 
voluntary termination of charters held by academically poor-performing 
charter schools; and
    (iv) Ensuring the continued accountability of charter schools 
during any transition to new State assessments or accountability 
systems, including those based on college- and career-ready standards.
    (g) Policy Context for Charter Schools. (NFP) The Secretary 
considers the policy context for charter schools under the proposed 
project. In determining the policy context for charter schools under 
the proposed project, the Secretary considers the following factors:
    (1) The degree of flexibility afforded to charter schools under the 
State's charter school law, including--
    (i) The extent to which charter schools in the State are exempt 
from State or local rules that inhibit the flexible operation and 
management of public schools; and
    (ii) The extent to which charter schools in the State have a high 
degree of autonomy, including autonomy over the charter school's 
budget, expenditures, staffing, procurement, and curriculum; and
    (2) The quality of the SEA's plan to ensure that charter schools 
that are considered to be LEAs under State law and LEAs in which 
charter schools are located will comply with sections 613(a)(5) and 
613(e)(1)(B) of IDEA (20 U.S.C. 1400, et seq.), the Age Discrimination 
Act of 1975 (42 U.S.C. 6101, et seq.), title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d, et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681, et seq.), and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794).
    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 of Education 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Special 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 special 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

[[Page 23472]]

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.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. 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) 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.
    4. Performance Measures:
    (a) Program Performance Measures (GPRA Measures). The goal of the 
CSP is to support the creation and development of high-quality charter 
schools that are free from State or local rules that inhibit flexible 
operation, are held accountable for enabling students to reach 
challenging State performance standards, and are open to all students. 
The Secretary has established two performance indicators to measure 
progress towards this goal: (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: 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 (as 
defined in this notice) 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 (as defined in 
this notice) is valid; or (ii) If the applicant has determined that 
there are no established baseline data for a particular performance 
measure, an explanation of why there is no established baseline and of 
how and when, during the project period, the applicant would establish 
a valid baseline for the performance measure.
    (3) Performance targets. Why each proposed performance target (as 
defined in this notice) is ambitious (as defined in this notice), yet 
achievable, compared to the baseline for the performance measure and 
when, during the project period, the applicant would meet the 
performance target(s).

    Note: The Secretary encourages applicants to consider developing 
project-specific performance measures and targets tied to their 
grant activities as well as to student academic achievement during 
the grant period. The project-specific performance measures should 
be sufficient to gauge the progress throughout the grant period, 
show results by the end of the grant period, and be included in the 
logic model as outlined in the Application Requirements section of 
this document.

    (4) Data Collection. The applicant must also describe in the 
application: (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.

    Note: If the applicant does not have experience with collection 
and reporting of performance data through other projects or 
research, the applicant should provide other evidence of capacity to 
successfully carry out data collection and reporting for their 
proposed project.

    All grantees must submit an annual performance report with 
information that is responsive to these performance measures.
    5. 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).
    6. 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.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Kathryn Meeley, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202-
5970. Telephone: (202) 453-6818 or by email: Kathryn.Meeley@ed.gov. If 
you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document

[[Page 23473]]

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 in 
section VII of this notice.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. 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: April 18, 2016.
Nadya Chinoy Dabby,
Assistant Deputy Secretary for Innovation and Improvement.

Appendix: Scoring Allocation Chart

    Peer reviewers will use this scoring allocation chart in 
evaluating an SEA's response and assigning points to each selection 
criterion. The maximum possible score for addressing each criterion 
and its component factors (if applicable) is provided in the chart 
below. The maximum possible total score (based on the selection 
criteria and not including the competitive preference priorities) is 
100 points, except that, for SEAs in States that first enacted a 
charter school law less than five years before the closing date of 
this competition, the maximum possible total score is 85 points 
because, as noted in the notice, the Secretary does not consider 
selection criterion (c) Past Performance in evaluating applications 
from these States.

             CSP Grants for SEAs--FY 2016 Grant Competition
------------------------------------------------------------------------
                                                            Maximum
                                     Maximum  factor       selection
        Selection criteria           points  (up to)   criterion  points
                                                              (max)
------------------------------------------------------------------------
(a) Educationally Disadvantaged                   N/A                 15
 Students.........................
(b) Vision for Growth and                         N/A                 10
 Accountability...................
(b)(1) Support the Creation of
 High-Quality Charter Schools.....
(b)(2) Support the Closure of
 Academically Poor-Performing
 Charter Schools..................
(c) Past Performance (N/A for                     N/A              15/0*
 States with new charter school
 laws)............................
(c)(1) Increase--High-Quality
 Charter Schools..................
(c)(2) Decrease--Academically Poor-
 Performing Charter Schools.......
(d) Project Design................  .................                 20
(d)(1) Process for Awarding                        10  .................
 Subgrants........................
(i) Application and Peer Review
 Process..........................
(ii) Year-by-Year Estimate:.......
    (a) Subgrant Numbers and Award
     Amounts......................
    (b) Quality of Previous Grant
     Applicant Pool...............
(d)(2) Process for Monitoring CSP                  10  .................
 Subgrantees......................
(e) Dissemination of Information    .................                 10
 and Best Practices...............
(e)(1) Serve as a Dissemination                     7  .................
 Leader in the State Using Data to
 Assess Impact....................
(e)(2) Student Discipline and                       3  .................
 School Climate...................
(f) Oversight of Authorized Public  .................                 25
 Chartering Agencies..............
(f)(1) Quality of SEA's Plan to                    20  .................
 Ensure that Authorizers are:.....
(i) Focusing on Racial and Ethnic
 Diversity in Student Bodies......
(ii) Establishing Measureable
 Performance Expectations.........
(iii) Providing Annual Public
 Performance Reports..............
(iv) Supporting Charter School
 Autonomy.........................
(f)(2) Quality of SEA's Plan to                     5  .................
 Ensure that Authorizers are:.....
(i) Seeking and Approving High-
 Quality Charter Schools..........
(ii) Monitoring and Conducting In-
 depth Reviews....................
(iii) Using Data for Renewal and
 Revocation Decisions.............
(iv) Ensuring Accountability
 During Accountability Transition.
(g) Policy Context for Charter                    N/A                  5
 Schools..........................
(g)(1) Degree of Flexibility......
(i) Exempt from State or Local
 Rules............................
(ii) High Degree of Autonomy......
(g)(2) Comply with Federal Law....
                                   -------------------------------------
    Selection Criteria Subtotal...  .................            100/85*
------------------------------------------------------------------------
------------------------------------------------------------------------


[[Page 23474]]


------------------------------------------------------------------------
                                    Factor points (up  Maximum  priority
 Competitive preference priorities         to)            points  (max)
------------------------------------------------------------------------
(1) High-Quality Authorizing and    .................                 15
 Monitoring Processes.............
(1)(a) Multi-tiered clearance or                    5  .................
 review of a charter school.......
(1)(b) Differentiated review of                     5  .................
 charter petitions................
(1)(c) Measure and benchmark                        5  .................
 performance of authorizers.......
(2) One Authorized Public                         N/A                  5
 Chartering Agency Other than a
 Local Educational Agency, or an
 Appeals Process..................
TOTAL POSSIBLE POINTS (selection    .................                120
 criteria points awarded converted
 to a base of 100 + possible 20
 competitive preference priority
 points = max 120 points).........
------------------------------------------------------------------------
* Applicants that are not required to respond to selection criterion C
  Past Performance can receive a maximum of 85 total points for the
  selection criteria.

[FR Doc. 2016-09298 Filed 4-20-16; 8:45 am]
 BILLING CODE 4000-01-P