Proposed Priorities, Requirements, Definitions, and Selection Criteria-Expanding Opportunity Through Quality Charter Schools Program; Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-Quality Charter Schools, 13204-13211 [2019-06584]
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13204
Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Proposed Rules
Dated: March 29, 2019.
Matthew F. Hunter,
Assistant Deputy Secretary for Field Policy
and Management.
[FR Doc. 2019–06564 Filed 4–3–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
RIN 1855–AA14
[Docket ID ED–2018–OII–0062]
Proposed Priorities, Requirements,
Definitions, and Selection Criteria—
Expanding Opportunity Through
Quality Charter Schools Program;
Grants to Charter School Developers
for the Opening of New Charter
Schools and for the Replication and
Expansion of High-Quality Charter
Schools
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed priorities,
requirements, definitions, and selection
criteria.
AGENCY:
The Assistant Secretary for
Elementary and Secondary Education
proposes priorities, requirements,
definitions, and selection criteria for
Grants to Charter School Developers for
the Opening of New Charter Schools
and for the Replication and Expansion
of High-Quality Charter Schools
(Developer grants) under the Expanding
Opportunity Through Quality Charter
Schools Program (CSP), Catalog of
Federal Domestic Assistance (CFDA)
numbers 84.282B and 84.282E,
respectively. We may use one or more
of these priorities, requirements,
definitions, and selection criteria for
competitions in fiscal year (FY) 2019
and later years. We take this action to
support the opening of new charter
schools (CFDA 84.282B) and the
replication and expansion of highquality charter schools (CFDA 84.282E)
throughout the Nation, particularly
those that serve educationally
disadvantaged students, such as
students who are individuals from lowincome families, and students who
traditionally have been underserved by
charter schools, such as Native
American students and students in rural
communities.
DATES: We must receive your comments
on or before May 6, 2019.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
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SUMMARY:
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comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Help.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments, address them to
Katherine Cox, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E207, Washington, DC 20202–
5970.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Katherine Cox, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E207, Washington, DC 20202–
5970. Telephone: (202) 453–6886.
Email: charterschools@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.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities, requirements,
definitions, and selection criteria. To
ensure that your comments have
maximum effect in developing the
notice of final priorities, requirements,
definitions, and selection criteria, we
urge you to identify clearly the
proposed priority, requirement,
definition, or selection criterion that
each comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders
12866, 13563, and 13771 and their
overall requirement of reducing
regulatory burden that might result from
these proposed priorities, requirements,
definitions, and selection criteria. Please
let us know of any further ways we
could reduce potential costs or increase
potential benefits while preserving the
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effective and efficient administration of
this program.
During and after the comment period,
you may inspect all public comments
about the proposed priorities,
requirements, definitions, and selection
criteria by accessing Regulations.gov.
You may also inspect the comments in
person at 400 Maryland Avenue SW,
Room 3E207, Washington, DC, between
the hours of 8:30 a.m. and 4:00 p.m.,
Eastern Time, Monday through Friday
of each week except Federal holidays.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for the proposed priorities,
requirements, definitions, and selection
criteria. If you want to schedule an
appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The major
purposes of the CSP are to expand
opportunities for all students,
particularly traditionally underserved
students, to attend charter schools and
meet challenging State academic
standards; provide financial assistance
for the planning, program design, and
initial implementation of public charter
schools; increase the number of highquality charter schools available to
students across the United States;
evaluate the impact of charter schools
on student achievement, families, and
communities; share best practices
between charter schools and other
public schools; encourage States to
provide facilities support to charter
schools; and support efforts to
strengthen the charter school
authorizing process.
Developer grants are intended to
support charter schools that serve early
childhood, elementary school, or
secondary school students by providing
grant funds to eligible applicants for the
opening of new charter schools (CFDA
number 84.282B) and for the replication
and expansion of high-quality charter
schools (CFDA number 84.282E).
Program Authority: Title IV, part C of
the Elementary and Secondary
Education Act of 1965, as amended
(ESEA) (20 U.S.C. 7221–7221j).
Proposed Priorities
This document contains seven
proposed priorities.
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Proposed Priority 1—Spurring
Investment in Opportunity Zones
Background: Created under the Tax
Cuts and Jobs Act (Pub. L. 115–97),
opportunity zones are intended to
promote economic development and job
creation in distressed communities
through preferential tax treatment for
investors. Specifically, if an individual
invests capital gains in an opportunity
fund—i.e., a vehicle established for the
purpose of investing in property in an
opportunity zone—the taxes the
individual owes on those gains can be
deferred and reduced.
Through this proposed priority, the
Administration seeks to harness the
power of opportunity zones to help
increase the educational choices
available to students in these
communities. The Department would
use this priority to encourage the
opening of new charter schools and the
replication and expansion of highquality charter schools in opportunity
zones and to reward charter school
developers that are partnering with an
opportunity fund, especially for the
purpose of acquiring or constructing
school facilities.
The Department would have
flexibility to use either the priority’s
first area only or both of the priority’s
areas in a given competition and, with
respect to the second area, may give
applicants additional time prior to
making an award to provide evidence of
receipt of financial assistance from an
opportunity fund. The Department
recognizes that such additional time
may be needed to enable an applicant to
formalize a relationship with an
opportunity fund. We anticipate,
however, that we would provide
additional time for this purpose only if
the priority area is used in an absolute
priority.
Proposed Priority: Under this priority,
an applicant must address one or both
of the following priority areas—
(a) Propose to open a new charter
school or to replicate or expand a highquality charter school in a qualified
opportunity zone as designated by the
Secretary of the Treasury under section
1400Z–1 of the Internal Revenue Code,
as amended by the Tax Cuts and Jobs
Act (Pub. L. 115–97); and
(b) Provide evidence in its application
that it has received or will receive
financial assistance from a qualified
opportunity fund under section 1400Z–
2 of the Internal Revenue Code, as
amended by the Tax Cuts and Jobs Act,
for one or more of the following, as
needed to open or to replicate or expand
the school:
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(1) The acquisition (by purchase,
lease, donation, or otherwise) of an
interest (including an interest held by a
third party for the benefit of the school)
in improved or unimproved real
property;
(2) The construction of new facilities,
or the renovation, repair, or alteration of
existing facilities;
(3) The predevelopment costs
required to assess sites for purposes of
subparagraph (1) or (2); and
(4) The acquisition of other tangible
property.
In addressing paragraph (a) of this
priority, an applicant must provide the
census tract number of the qualified
opportunity zone in which it proposes
to open a new charter school or
replicate or expand a high-quality
charter school. A list of qualified
opportunity zones, with census tract
numbers, is available at
www.cdfifund.gov/Pages/OpportunityZones.aspx.
In addressing paragraph (b) of this
priority, an applicant must identify the
qualified opportunity fund from which
it has received or will receive financial
assistance. The Department may, at its
discretion, give applicants additional
time to provide evidence of such
assistance after the deadline for
transmittal of applications. If the
Department elects to give applicants
additional time, we will announce in
the notice inviting applications (NIA)
the deadline by which such evidence
must be provided.
Proposed Priority 2—Reopening
Academically Poor-Performing Public
Schools as Charter Schools
Background: The CSP authorizing
statute includes a priority under the
CMO grant competition for eligible
entities that demonstrate success in
working with schools identified by the
State for comprehensive support and
improvement under section
1111(c)(4)(D)(i) of the ESEA. In 2018,
the Department undertook rulemaking
to develop a final priority under the
CMO grant competition that is based on
that grant competition’s statutory
priority but would require that, in order
to meet the priority, the applicant also
would be required to use grant funds to
support school improvement efforts by
restarting an academically poorperforming public school. The priority
included in this competition is almost
identical to the final priority under the
CMO grant competition.
We believe that the restart model (i.e.,
reopening a low-performing traditional
public school under the management of
a charter school developer, or reopening
a low-performing public charter school
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under the management of a different
charter school developer) holds promise
as a school improvement strategy, but
data suggest that it has been
underutilized.1 Accordingly, the
proposed priority is intended to help
increase the frequency of
implementation of the restart model.
Like the CMO grant competition’s final
priority, the proposed priority also
would require applicants to demonstrate
past success through work with one or
more academically poor-performing
schools or schools previously
designated as persistently lowestachieving schools or priority schools
(i.e., schools identified for interventions
under the former School Improvement
Grant program or in States that
exercised ‘‘ESEA flexibility,’’
respectively, under the ESEA, as
amended by the No Child Left Behind
Act of 2001 (NCLB)), including but not
limited to direct experience reopening
academically poor-performing public
schools as charter schools.
In future Developer grant
competitions that include this priority,
we would encourage applicants to
review CSP technical assistance
materials pertaining to how an applicant
may design an admissions lottery for an
academically poor-performing public
school that the applicant is proposing to
restart. Under the most recent version of
the CSP nonregulatory guidance, for
example, a charter school receiving CSP
funds could, if permissible under
applicable State law, exempt from its
lottery students who are enrolled in the
academically poor-performing public
school at the time it is restarted.
Proposed Priority: Under this priority,
applicants must—
(a) Demonstrate past success working
with one or more academically poorperforming public schools or schools
that previously were designated as
persistently lowest-achieving schools or
priority schools under the former
School Improvement Grant program or
in States that exercised ESEA flexibility,
respectively, under the ESEA, as
amended by NCLB, including but not
limited to direct experience reopening
academically poor-performing public
schools as charter schools; and
(b) Propose to use grant funds under
this program to reopen an academically
poor-performing public school as a
charter school during the project period
by—
1 Hurlburt, S., Therriault, S.B., and Le Floch, K.C.
(2012). School Improvement Grants: Analyses of
State Applications and Eligible and Awarded
Schools (NCEE 2012–4060). Washington, DC:
National Center for Education Evaluation and
Regional Assistance, Institute of Education
Sciences, U.S. Department of Education.
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(1) Replicating a high-quality charter
school based on a successful charter
school model for which the applicant
has provided evidence of success; and
(2) Targeting a demographically
similar student population in the
replicated charter school as was served
by the academically poor-performing
public school, consistent with
nondiscrimination requirements
contained in the U.S. Constitution and
Federal civil rights laws.
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Proposed Priority 3—High School
Students
Background: The CSP authorizing
statute includes a priority under the
CMO grant competition for eligible
applicants that propose to expand or
replicate high-quality charter schools
that serve high school students. In
addition, section 4310(2)(M) of the
ESEA authorizes charter schools that
serve postsecondary students to receive
CSP funds. In 2018, the Department
went through the rulemaking process to
develop a final priority for the CMO
grant competition based on that
competition’s statutory priority. The
priority expanded upon that priority by
also requiring that applicants replicate
or expand charter high schools that offer
programs and activities designed to
prepare high school students for
enrollment in postsecondary education
institutions, which include those that
offer one-year training programs that
prepare students for gainful
employment in a recognized occupation
(as described in section 101(b)(1) of the
Higher Education Act of 1965, as
amended (HEA)) and support such
students after high school graduation in
persisting in college and attaining
degrees and certificates.
The proposed priority included in
this notice is almost identical to the
CMO grant competition priority, as the
Department believes the priority would
complement broader efforts to increase
postsecondary participation, attendance,
persistence, and degree attainment
among our Nation’s high school
graduates. In order to meet the priority,
an applicant must describe how it will
prepare students for postsecondary
education and, drawing from the
authority provided in section
4310(2)(M) of the ESEA, provide
support for its graduates who enroll in
institutions of higher education and
certain one-year training programs that
prepare students for gainful
employment in a recognized
occupation. In addition, applicants must
establish one or more project-specific
performance measures that will provide
reliable information about the grantee’s
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progress in meeting the objectives of the
project.
Proposed Priority: (a) Under this
priority, applicants must propose to—
(1) Open a new charter school or
replicate or expand a high-quality
charter school to serve high school
students, including educationally
disadvantaged students;
(2) Prepare students, including
educationally disadvantaged students,
in that school for enrollment in
postsecondary education institutions
through activities such as, but not
limited to, accelerated learning
programs (including Advanced
Placement and International
Baccalaureate courses and programs,
dual or concurrent enrollment
programs, and early college high
schools), college counseling, career and
technical education programs, career
counseling, internships, work-based
learning programs (such as
apprenticeships), assisting students in
the college admissions and financial aid
application processes, and preparing
students to take standardized college
admissions tests; and
(3) Provide support for students,
including educationally disadvantaged
students, who graduate from that school
and enroll in postsecondary education
institutions in persisting in, and
attaining a degree or certificate from,
such institutions, through activities
such as, but not limited to, mentorships,
ongoing assistance with the financial
aid application process, and
establishing or strengthening peer
support systems for such students
attending the same institution.
(b) Applicants must propose one or
more project-specific performance
measures, including aligned leading
indicators or other interim milestones,
that will provide valid and reliable
information about the applicant’s
progress in preparing students,
including educationally disadvantaged
students, for enrollment in
postsecondary education institutions
and in supporting those students in
persisting in and attaining a degree or
certificate from such institutions. An
applicant addressing this priority and
receiving a Developer grant must
provide data that are responsive to the
measure(s), including performance
targets, in its annual performance
reports to the Department.
(c) For purposes of this priority,
postsecondary education institutions
include institutions of higher education,
as defined in section 8101(29) of the
ESEA, and one-year training programs
that meet the requirements of section
101(b)(1) of the HEA.
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Proposed Priority 4—Rural Community
Background: We propose this priority
to enable the Department to provide
incentives for applicants to propose to
open a new charter school or to
replicate or expand a high-quality
charter school in a rural community.
There is too often a relative dearth of
high-quality educational options for
students in rural communities, and our
experience implementing this and other
discretionary grant programs has taught
us that students in these communities
often face unique obstacles to
educational success. This proposed
priority would allow the Department
flexibility to provide an incentive for
applicants proposing to open a new
charter school or to replicate or expand
a high-quality charter school in a rural
community, including by evaluating
such applications separately from
applications proposing to open new
charter schools or to replicate or expand
high-quality charter schools in non-rural
communities, thereby allowing for an
‘‘apples-to-apples’’ comparison.
To meet this priority, an applicant
would need to propose to open a new
charter school or to replicate or expand
a high-quality charter school in a rural
community or such a school in a nonrural community, depending on the
Department’s policy objectives in a
given year and which prong of the
priority the applicant is addressing.
This proposed priority would help
ensure that students in rural
communities have access to a range of
educational options similar to that
available to their peers in suburban and
urban areas, and from which parents
can select an option that best meets
their child’s needs.
Proposed Priority: Under this priority,
applicants must propose to open a new
charter school or to replicate or expand
a high-quality charter school in—
(a) A rural community; or
(b) A community that is not a rural
community.
Proposed Priority 5—Opening a New
Charter School or Replicating or
Expanding a High-Quality Charter
School To Serve Native American
Students
Background: We propose this priority
to enable the Department to provide an
incentive for applicants that propose to
open a new charter school or to
replicate or expand a high-quality
charter school by conducting targeted
outreach and recruitment in order to
serve a high proportion of Native
American students. We propose to
define ‘‘high proportion’’ in a way that
would enable the Department to
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determine whether a new, replicated, or
expanded charter school serves a high
proportion of Native American students
on a case-by-case basis, taking into
consideration the unique factual
circumstances of that school. The
priority would allow applicants to
receive priority for proposing to open a
new charter school, or to replicate or
expand a high-quality charter school,
that serves Native Hawaiian and Native
American Pacific Islander students, as
well as students who are Indians
(including Alaska Natives).
In order to meet the priority, an
applicant would be required to provide
a letter of support from one or more
Indian Tribes or Native American
organizations located within the area to
be served by the new, replicated, or
expanded charter school, and to
meaningfully collaborate with the
Indian Tribes or Native American
organizations in a timely, active, and
ongoing manner. In addition, the
applicant would have to demonstrate
that the new, replicated, or expanded
charter school’s mission and
educational program will address the
unique educational needs of students
who are Native Americans, and that
such school’s governing board will have
a substantial percentage of members
who are members of Indian Tribes or
Native American organizations located
within the area to be served by the
charter school. Generally, a school
board with a percentage of members of
Indian Tribes or Native American
organizations that is comparable to the
percentage of Native American students
to be served would satisfy the
substantial percentage requirement in
this priority; however, there may be
circumstances where a smaller or larger
percentage of members from an Indian
Tribe or Native American organization
is appropriate.
Proposed Priority: Under this priority,
applicants must—
(a) Propose to open a new charter
school, or replicate or expand a highquality charter school, that—
(1) Utilizes targeted outreach and
recruitment in order to serve a high
proportion of Native American students,
consistent with nondiscrimination
requirements contained in the U.S.
Constitution and Federal civil rights
laws;
(2) Has a mission and focus that will
address the unique educational needs of
Native American students, such as
through the use of instructional
programs and teaching methods that
reflect and preserve Native American
language, culture, and history; and
(3) Has or will have a governing board
with a substantial percentage of
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members who are members of Indian
Tribes or Native American organizations
located within the area to be served by
the new, replicated, or expanded charter
school;
(b) Submit a letter of support from at
least one Indian Tribe or Native
American organization located within
the area to be served by the new,
replicated, or expanded charter school;
and
(c) Meaningfully collaborate with the
Indian Tribe(s) or Native American
organization(s) from which the
applicant has received a letter of
support in a timely, active, and ongoing
manner with respect to the development
and implementation of the educational
program at the charter school.
Proposed Priority 6—Low-Income
Demographic
Background: This proposed priority is
for applicants with experience serving
concentrations of students who are
individuals from low-income families
and is intended to support efforts to
increase the number of high-quality
educational options available to such
students, particularly in the Nation’s
high-poverty areas. We propose three
subparts to this proposed priority, each
of which would require that the schools
the applicant operates or manages serve
a specific minimum percentage of
students who are individuals from lowincome families over the course of the
Developer grant project period. The
Secretary would have flexibility to
choose one or more of the subparts of
this priority in a given competition. We
believe such flexibility is necessary to
enable the Secretary to accommodate
the range of eligible applicants and
schools that may need support in a
given year.
Under the proposed priority, a charter
school proposed to be opened,
replicated, or expanded by an applicant
would serve, for the duration of the
grant period, a percentage of students
who are individuals from low-income
families that is comparable to the
minimum percentage of such students
established under the priority for a
given year. While the priority is written
in a manner that gives the Department
flexibility to apply one, two, or all three
poverty standards in a single
competition, we do not anticipate
applying more than one poverty
standard in a single competition.
Proposed Priority: Under this priority,
applicants must demonstrate one of the
following—
(a) That at least 40 percent of the
students across all of the charter schools
the applicant operates or manages are
individuals from low-income families,
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and that the applicant will maintain the
same, or a substantially similar,
percentage of such students across all of
its charter schools during the grant
period;
(b) That at least 50 percent of the
students across all of the charter schools
the applicant operates or manages are
individuals from low-income families,
and that the applicant will maintain the
same, or a substantially similar,
percentage of such students across all of
its charter schools during the grant
period; or
(c) That at least 60 percent of the
students across all of the charter schools
the applicant operates or manages are
individuals from low-income families,
and that the applicant will maintain the
same, or a substantially similar,
percentage of such students across all of
its charter schools during the grant
period.
Proposed Priority 7—Single School
Operators
Background: Under this priority, we
would give preference to applicants that
currently operate a single charter
school. We are including this priority to
encourage applications from developers
that currently operate a single charter
school but seek to replicate or expand
it. Through this priority, we hope to
support successful single school
operators to grow into charter
management organizations that, in the
future, can continue to replicate and
expand their successful school models.
This proposed priority also would allow
the Department to evaluate applicants
from single school operators separately
from applicants that already operate
more than one school, thereby allowing
for an ‘‘apples-to-apples’’ comparison.
Proposed Priority: Under this priority,
applicants must provide evidence that—
(a) The applicant currently operates
one, and only one, charter school; or
(b) The applicant currently operates
more than one charter school.
Types of Priorities
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
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which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Proposed Requirements
Background: Section 4305(a)(2) of the
ESEA includes specific requirements
applicable to the Developer grant
competition. In addition to those
requirements, section 4305(c) of the
ESEA requires grants awarded to
Developers to have the ‘‘same terms and
conditions as grants awarded to State
entities under section 4303.’’ As
applicable, we intend to apply the
requirements in section 4303(f) of the
ESEA to Developer grants, in addition to
the proposed application requirements,
eligibility restrictions, and funding
restrictions.
In general, the Department believes,
based on past experience administering
this program, that these proposed
requirements are necessary for the
proper consideration of applications for
Developer grants and would increase
the likelihood of success of applicants’
proposed projects, thereby contributing
to the efficient use of taxpayer dollars in
expanding the high-quality educational
options available to our Nation’s
students. In accordance with section
4305(c), these proposed requirements
would not preclude the Department
from applying other terms and
conditions applicable to State entity
grants to Developer grants in FY 2019 or
future years.
Proposed Requirements: We propose
the following requirements for this
program. We may apply one or more of
these requirements in any year in which
this program is in effect.
Applicants for funds under this
program must address one or more of
the following application requirements:
(a) Describe the applicant’s objectives
in running a quality charter school
program and how the program will be
carried out.
(b) Describe the educational program
that the applicant will implement in the
charter school receiving funding under
this program, including—
(1) Information on how the program
will enable all students to meet the
challenging State academic standards;
(2) The grade levels or ages of
students who will be served; and
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(3) The instructional practices that
will be used.
(c) Describe how the applicant will
ensure that the charter school that will
receive funds will recruit, enroll, and
retain students, including educationally
disadvantaged students, which include
children with disabilities and English
learners, including the lottery and
enrollment procedures that will be used
for the charter school if more students
apply for admission than can be
accommodated, and, if the applicant
proposes to use a weighted lottery, how
the weighted lottery complies with
section 4303(c)(3)(A) of the ESEA.
(d) Provide a complete logic model (as
defined in 34 CFR 77.1) for the grant
project. The logic model must include
the applicant’s objectives for
implementing a new charter school or
replicating or expanding a high-quality
charter school with funding under this
competition.
(e) Provide a budget narrative, aligned
with the activities, target grant project
outputs, and outcomes described in the
logic model, that outlines how grant
funds will be expended to carry out
planned activities.
(f) If the applicant proposes to open
a new charter school (CFDA number
84.282B) or proposes to replicate or
expand a charter school (CFDA number
84.282E) that provides a single-sex
educational program, demonstrate that
the proposed single-sex educational
programs are in compliance with title IX
of the Education Amendments of 1972
(20 U.S.C. 1681, et seq.) (‘‘Title IX’’) and
its implementing regulations, including
34 CFR 106.34.
(g) Provide the applicant’s most recent
available independently audited
financial statements prepared in
accordance with generally accepted
accounting principles.
(h) For each charter school currently
operated or managed by applicants
under CFDA 84.282E for replication and
expansion, provide—
(1) Information that demonstrates that
the school is treated as a separate school
by its authorized public chartering
agency and the State, including for
purposes of accountability and reporting
under title I, part A of the ESEA;
(2) Student assessment results for all
students and for each subgroup of
students described in section 1111(c)(2)
of the ESEA;
(3) Attendance and student retention
rates for the most recently completed
school year and, if applicable, the most
recent available four-year adjusted
cohort graduation rates and extendedyear adjusted cohort graduation rates;
and
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(4) Information on any significant
compliance and management issues
encountered within the last three school
years by the existing charter school
being operated or managed by the
eligible entity, including in the areas of
student safety and finance.
(i) Provide—
(1) A request and justification for
waivers of any Federal statutory or
regulatory provisions that the eligible
entity believes are necessary for the
successful operation of the charter
school to be opened or to be replicated
or expanded; and
(2) A description of any State or local
rules, generally applicable to public
schools, that will be waived or
otherwise not apply to the school that
will receive funds.
(j) A description of how each school
that will receive funds meets the
definition of charter school under
section 4310(2) of the ESEA.
Eligibility: Eligibility for a grant under
this competition is limited to charter
school developers in States that do not
currently have a CSP State Entity grant
(CFDA number 84.282A) under the
ESEA. Eligibility in a State with a CSP
State Educational Agency (SEA) grant
(CFDA 84.282A) under the ESEA, as
amended by NCLB, is limited to grants
for replication and expansion 2 (CFDA
84.282E) and only if the Department has
not approved an amendment to the
SEA’s approved grant application
authorizing the SEA to make subgrants
for replication and expansion.3
Funding Restriction: An applicant
may only propose to support one charter
school per grant application.
Proposed Definitions
We propose the following definitions
for this program. We may apply one or
more of these definitions in any year in
which this program is in effect.
Background: In order to ensure a
common understanding of the proposed
priorities, requirements, and selection
criteria, we propose definitions that are
critical to the policy and statutory
purposes of the Developer grant
program. We propose these definitions
in order to clarify expectations for
eligible entities applying for Developer
grants and to ensure that the review
process for applications for Developer
grants remains as transparent as
possible. The proposed definition for
educationally disadvantaged students is
based on section 1115(c)(2) of the ESEA,
2 The list of eligible States will be included in the
NIA for this competition and will be updated at the
time of publication of that notice.
3 The list of these States will be included in the
NIA for this competition and will be updated at the
time of publication of that notice.
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and the proposed definition for Indian
Tribe is from section 6132(b)(2) of the
ESEA. In addition, we are particularly
interested in receiving feedback on the
proposed definition of rural community.
Academically poor-performing public
school means:
(a) A school identified by the State for
comprehensive support and
improvement under section
1111(c)(4)(D)(i) of the ESEA; or
(b) A public school otherwise
identified by the State or, in the case of
a charter school, its authorized public
chartering agency, as similarly
academically poor-performing.
Educationally disadvantaged student
means a student in one or more of the
categories described in section
1115(c)(2) of the ESEA, which include
children who are economically
disadvantaged, children with
disabilities, migrant students, English
learners, neglected or delinquent
students, homeless students, and
students who are in foster care.
High proportion, when used to refer to
Native American students, means a factspecific, case-by-case determination
based upon the unique circumstances of
a particular charter school or proposed
charter school. The Secretary considers
‘‘high proportion’’ to include a majority
of Native American students. In
addition, the Secretary may determine
that less than a majority of Native
American students constitutes a ‘‘high
proportion’’ based on the unique
circumstances of a particular charter
school or proposed charter school, as
described in the application for funds.
Indian Tribe means a federally
recognized or a State-recognized Tribe.
Individual from a low-income family
means an individual who is determined
by a State educational agency or local
educational agency to be a child from a
low-income family on the basis of (a)
data used by the Secretary to determine
allocations under section 1124 of the
ESEA, (b) data on children eligible for
free or reduced-price lunches under the
Richard B. Russell National School
Lunch Act, (c) data on children in
families receiving assistance under part
A of title IV of the Social Security Act,
(d) data on children eligible to receive
medical assistance under the Medicaid
program under title XIX of the Social
Security Act, or (e) an alternate method
that combines or extrapolates from the
data in items (a) through (d) of this
definition.
Institution of higher education means
an educational institution in any State
that—
(a) Admits as regular students only
persons having a certificate of
graduation from a school providing
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secondary education, or the recognized
equivalent of such a certificate, or
persons who meet the requirements of
section 484(d) of the HEA;
(b) Is legally authorized within such
State to provide a program of education
beyond secondary education;
(c) Provides an educational program
for which the institution awards a
bachelor’s degree or provides not less
than a two-year program that is
acceptable for full credit toward such a
degree, or awards a degree that is
acceptable for admission to a graduate
or professional degree program, subject
to review and approval by the Secretary;
(d) Is a public or other nonprofit
institution; and
(e) Is accredited by a nationally
recognized accrediting agency or
association, or if not so accredited, is an
institution that has been granted
preaccreditation status by such an
agency or association that has been
recognized by the Secretary for the
granting of preaccreditation status, and
the Secretary has determined that there
is satisfactory assurance that the
institution will meet the accreditation
standards of such an agency or
association within a reasonable time.
Native American means an Indian
(including an Alaska Native), as defined
in section 6132(b)(2) of the ESEA,
Native Hawaiian, or Native American
Pacific Islander.
Native American language means the
historical, traditional languages spoken
by Native Americans.
Native American organization means
an organization that—
(a) Is legally established—
(1) By Tribal or inter-Tribal charter or
in accordance with State or Tribal law;
and
(2) With appropriate constitution, bylaws, or articles of incorporation;
(b) Includes in its purposes the
promotion of the education of Native
Americans;
(c) Is controlled by a governing board,
the majority of which is Native
American;
(d) If located on an Indian reservation,
operates with the sanction or by charter
of the governing body of that
reservation;
(e) Is neither an organization or
subdivision of, nor under the direct
control of, any institution of higher
education; and
(f) Is not an agency of State or local
government.
Rural community means a community
that is served by a local educational
agency that is eligible to apply for funds
under the Small Rural School
Achievement (SRSA) program or the
Rural and Low-Income School (RLIS)
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13209
program authorized under title V, part B
of the ESEA. Applicants may determine
whether a particular local educational
agency is eligible for these programs by
referring to information on the following
Department websites. For the SRSA
program: www2.ed.gov/programs/
reapsrsa/eligible16/. For the
RLIS program: www2.ed.gov/programs/
reaprlisp/eligibility.html.
Proposed Selection Criteria
Background: Based on past
experience implementing the Developer
grant competition and its predecessor
competition, we believe that these
additional criteria will be valuable tools
for peer reviewers to evaluate the
quality of Developer applications in
future years.
Proposed selection criterion (a)
‘‘Quality of the eligible applicant’’
would only apply to applicants under
CFDA number 84.282E for replication
and expansion. Under this proposed
selection criterion, the Department
would consider the degree to which an
applicant has demonstrated success in
increasing student academic
achievement, the degree to which the
academic achievement results for
educationally disadvantaged students
served by the charter schools operated
or managed by the applicant have
exceeded the average academic
achievement results for such students in
the State, whether charter schools
operated or managed by the applicant
have been closed or have encountered
statutory or regulatory compliance
issues, and the strength of the
applicant’s non-academic results such
as parent satisfaction, school climate,
student mental health, civic
engagement, and crime prevention and
reduction. Further, we propose to
incorporate into this criterion language
from the ESEA definition of ‘‘highquality charter school’’ that would
enable reviewers also to consider any
significant issues that an applicant’s
charter schools have encountered in the
areas of financial or operational
management and student safety. The
Department believes that these proposed
selection factors would align with the
intent of the authorizing statute and
would bolster our ability to select highquality Developer applicants that
propose to replicate or expand a highquality charter school.
Proposed selection criterion (b)
‘‘Significance of contribution in
assisting educationally disadvantaged
students’’ would focus on the
contribution the proposed project would
make in expanding educational
opportunities for educationally
disadvantaged students and enabling
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those students to meet challenging State
academic standards. This proposed
criterion would allow the Department to
assess the extent to which each
proposed project aligns with a major
statutory purpose of the CSP: To expand
opportunities for educationally
disadvantaged students. This criterion
would encourage applicants to discuss
their plans for opening a new charter
school, or replicating or expanding a
high-quality charter school, that will
recruit and enroll educationally
disadvantaged students.
Proposed selection criterion (c)
‘‘Quality of the continuation plan’’
would focus on the applicant’s plan for
continuing to operate the charter school
that would receive grant funds once
those funds are no longer available. This
criterion will enable reviewers to assess
the strength of applicants’ continuation
plans and the extent to which the
applicant is prepared to operate the
charter school in a way that is
consistent with the eligible applicant’s
application even after the grant
performance period ends.
Proposed Selection Criteria: We
propose the following selection criteria
for evaluating an application under this
program. We may apply one or more of
these criteria in any year in which this
program is in effect. In the NIA, we will
announce the maximum possible points
assigned to each criterion.
The Secretary will select eligible
entities to receive grants under this
program on the basis of the quality of
such applications, after taking into
consideration one or more of the
following selection criteria:
(a) Quality of the eligible applicant.
In determining the quality of the
eligible applicant, the Secretary
considers the following factors:
(1) The extent to which the academic
achievement results (including annual
student performance on statewide
assessments and annual student
attendance and retention rates and,
where applicable and available, student
academic growth, high school
graduation rates, postsecondary
enrollment and persistence rates,
including in college or career training
programs, employment rates, earnings,
and other academic outcomes) for
educationally disadvantaged students
served by the charter school(s) operated
or managed by the applicant have
exceeded the average academic
achievement results for such students
served by other public schools in the
State.
(2) The extent to which one or more
charter schools operated or managed by
the applicant have closed; have had a
charter revoked due to noncompliance
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with statutory or regulatory
requirements; or have had their
affiliation with the applicant revoked or
terminated, including through voluntary
disaffiliation.
(3) The extent to which one or more
charter schools operated or managed by
the applicant have had any significant
issues in the area of financial or
operational management or student
safety, or have otherwise experienced
significant problems with statutory or
regulatory compliance that could lead to
revocation of the school’s charter.
(4) The extent to which the schools
operated or managed by the applicant
demonstrate strong results on
measurable outcomes in non-academic
areas such as, but not limited to, parent
satisfaction, school climate, student
mental health, civic engagement, and
crime prevention and reduction.
(b) Significance of contribution in
assisting educationally disadvantaged
students.
In determining the significance of the
contribution the proposed project will
make in expanding educational
opportunity for educationally
disadvantaged students and enabling
those students to meet challenging State
academic standards, the Secretary
considers the quality of the plan to
ensure that the charter school the
applicant proposes to open, replicate, or
expand will recruit, enroll, and
effectively serve educationally
disadvantaged students, which include
children with disabilities and English
learners.
(c) Quality of the continuation plan.
In determining the quality of the
continuation plan, the Secretary
considers the extent to which the
eligible applicant is prepared to
continue to operate the charter school
that would receive grant funds in a
manner consistent with the eligible
applicant’s application once the grant
funds under this program are no longer
available.
Final Priorities, Requirements,
Definitions, and Selection Criteria: We
will announce the final priorities,
requirements, definitions, and selection
criteria in a document in the Federal
Register. We will determine the final
priorities, requirements, definitions, and
selection criteria after considering
public comments and other information
available to the Department. This
document does not preclude us from
proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit
applications. In any year in which we
choose to use one or more of these
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priorities, requirements, definitions, and
selection criteria, we invite applications
through a notice in the Federal Register.
Executive Orders 12866, 13563, and
13771
Regulatory Impact Analysis
Under Executive Order 12866, it must
be determined whether this regulatory
action is ‘‘significant’’ and, therefore,
subject to the requirements of the
Executive order and subject to review by
the Office of Management and Budget
(OMB). Section 3(f) of Executive Order
12866 defines a ‘‘significant regulatory
action’’ as an action likely to result in
a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or Tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
Under Executive Order 13771, for
each new rule that the Department
proposes for notice and comment or
otherwise promulgates that is a
significant regulatory action under
Executive Order 12866, and that
imposes total costs greater than zero, it
must identify two deregulatory actions.
For FY 2019, any new incremental costs
associated with a new regulation must
be fully offset by the elimination of
existing costs through deregulatory
actions. Because the proposed
regulatory action is not significant, the
requirements of Executive Order 13771
do not apply.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
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their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing these proposed
priorities, requirements, definitions, and
selection criteria only on a reasoned
determination that their benefits would
justify their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that would
maximize net benefits. Based on the
analysis that follows, the Department
believes that this regulatory action is
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
We believe that the benefits of this
regulatory action outweigh any
associated costs, which we believe
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would be minimal. While this action
would impose cost-bearing
requirements on participating
Developers, we expect that Developer
applicants would include requests for
funds to cover such costs in their
proposed project budgets. We believe
this regulatory action would strengthen
accountability for the use of Federal
funds by helping to ensure that the
Department awards CSP grants to
Developers that are most capable of
expanding the number of high-quality
charter schools available to our Nation’s
students.
Paperwork Reduction Act of 1995
The proposed priorities,
requirements, and selection criteria
contain information collection
requirements that are approved by OMB
under OMB control number 1894–0006;
the proposed priorities, requirements,
and selection criteria do not affect the
currently approved data collection.
Regulatory Flexibility Act
Certification: The Secretary certifies that
this proposed regulatory action would
not have a significant economic impact
on a substantial number of small
entities. The U.S. Small Business
Administration (SBA) Size Standards
define proprietary institutions as small
businesses if they are independently
owned and operated, are not dominant
in their field of operation, and have total
annual revenue below $7,000,000.
Nonprofit institutions are defined as
small entities if they are independently
owned and operated and not dominant
in their field of operation. Public
institutions are defined as small
organizations if they are operated by a
government overseeing a population
below 50,000.
Participation in this program is
voluntary and limited to charter school
developers seeking funds to help open
a new charter school or replicate or
expand a high-quality charter. The
Department anticipates that
approximately 50 developers will apply
for Developer grants in a given year and
estimates that approximately half of
these developers will be small entities.
For this limited number of small
entities, any cost-bearing requirements
imposed by this regulatory action can be
defrayed with grant funds, as discussed
in the Regulatory Impact Analysis.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
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13211
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document 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: April 1, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2019–06584 Filed 4–3–19; 8:45 am]
BILLING CODE 4000–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[PS Docket No. 07–114; FCC 19–20]
Wireless E911 Location Accuracy
Requirements
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) proposes to revise its
rules to require Commercial Mobile
Radio Service providers to deliver
accurate vertical location information to
Public Safety Answering points
consistent with a metric of plus or
minus three meters for wireless 911
calls placed from indoors. The
Commission seeks comment on this
proposal as well as on alternatives to
improve vertical location accuracy for
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Proposed Rules]
[Pages 13204-13211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06584]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
RIN 1855-AA14
[Docket ID ED-2018-OII-0062]
Proposed Priorities, Requirements, Definitions, and Selection
Criteria--Expanding Opportunity Through Quality Charter Schools
Program; Grants to Charter School Developers for the Opening of New
Charter Schools and for the Replication and Expansion of High-Quality
Charter Schools
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Proposed priorities, requirements, definitions, and selection
criteria.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Elementary and Secondary Education
proposes priorities, requirements, definitions, and selection criteria
for Grants to Charter School Developers for the Opening of New Charter
Schools and for the Replication and Expansion of High-Quality Charter
Schools (Developer grants) under the Expanding Opportunity Through
Quality Charter Schools Program (CSP), Catalog of Federal Domestic
Assistance (CFDA) numbers 84.282B and 84.282E, respectively. We may use
one or more of these priorities, requirements, definitions, and
selection criteria for competitions in fiscal year (FY) 2019 and later
years. We take this action to support the opening of new charter
schools (CFDA 84.282B) and the replication and expansion of high-
quality charter schools (CFDA 84.282E) throughout the Nation,
particularly those that serve educationally disadvantaged students,
such as students who are individuals from low-income families, and
students who traditionally have been underserved by charter schools,
such as Native American students and students in rural communities.
DATES: We must receive your comments on or before May 6, 2019.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Help.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments, address them to Katherine Cox, U.S.
Department of Education, 400 Maryland Avenue SW, Room 3E207,
Washington, DC 20202-5970.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Katherine Cox, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E207, Washington, DC 20202-
5970. Telephone: (202) 453-6886. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priorities, requirements, definitions, and selection
criteria. To ensure that your comments have maximum effect in
developing the notice of final priorities, requirements, definitions,
and selection criteria, we urge you to identify clearly the proposed
priority, requirement, definition, or selection criterion that each
comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 13771 and their
overall requirement of reducing regulatory burden that might result
from these proposed priorities, requirements, definitions, and
selection criteria. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of this program.
During and after the comment period, you may inspect all public
comments about the proposed priorities, requirements, definitions, and
selection criteria by accessing Regulations.gov. You may also inspect
the comments in person at 400 Maryland Avenue SW, Room 3E207,
Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Eastern
Time, Monday through Friday of each week except Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priorities, requirements,
definitions, and selection criteria. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The major purposes of the CSP are to expand
opportunities for all students, particularly traditionally underserved
students, to attend charter schools and meet challenging State academic
standards; provide financial assistance for the planning, program
design, and initial implementation of public charter schools; increase
the number of high-quality charter schools available to students across
the United States; evaluate the impact of charter schools on student
achievement, families, and communities; share best practices between
charter schools and other public schools; encourage States to provide
facilities support to charter schools; and support efforts to
strengthen the charter school authorizing process.
Developer grants are intended to support charter schools that serve
early childhood, elementary school, or secondary school students by
providing grant funds to eligible applicants for the opening of new
charter schools (CFDA number 84.282B) and for the replication and
expansion of high-quality charter schools (CFDA number 84.282E).
Program Authority: Title IV, part C of the Elementary and Secondary
Education Act of 1965, as amended (ESEA) (20 U.S.C. 7221-7221j).
Proposed Priorities
This document contains seven proposed priorities.
[[Page 13205]]
Proposed Priority 1--Spurring Investment in Opportunity Zones
Background: Created under the Tax Cuts and Jobs Act (Pub. L. 115-
97), opportunity zones are intended to promote economic development and
job creation in distressed communities through preferential tax
treatment for investors. Specifically, if an individual invests capital
gains in an opportunity fund--i.e., a vehicle established for the
purpose of investing in property in an opportunity zone--the taxes the
individual owes on those gains can be deferred and reduced.
Through this proposed priority, the Administration seeks to harness
the power of opportunity zones to help increase the educational choices
available to students in these communities. The Department would use
this priority to encourage the opening of new charter schools and the
replication and expansion of high-quality charter schools in
opportunity zones and to reward charter school developers that are
partnering with an opportunity fund, especially for the purpose of
acquiring or constructing school facilities.
The Department would have flexibility to use either the priority's
first area only or both of the priority's areas in a given competition
and, with respect to the second area, may give applicants additional
time prior to making an award to provide evidence of receipt of
financial assistance from an opportunity fund. The Department
recognizes that such additional time may be needed to enable an
applicant to formalize a relationship with an opportunity fund. We
anticipate, however, that we would provide additional time for this
purpose only if the priority area is used in an absolute priority.
Proposed Priority: Under this priority, an applicant must address
one or both of the following priority areas--
(a) Propose to open a new charter school or to replicate or expand
a high-quality charter school in a qualified opportunity zone as
designated by the Secretary of the Treasury under section 1400Z-1 of
the Internal Revenue Code, as amended by the Tax Cuts and Jobs Act
(Pub. L. 115-97); and
(b) Provide evidence in its application that it has received or
will receive financial assistance from a qualified opportunity fund
under section 1400Z-2 of the Internal Revenue Code, as amended by the
Tax Cuts and Jobs Act, for one or more of the following, as needed to
open or to replicate or expand the school:
(1) The acquisition (by purchase, lease, donation, or otherwise) of
an interest (including an interest held by a third party for the
benefit of the school) in improved or unimproved real property;
(2) The construction of new facilities, or the renovation, repair,
or alteration of existing facilities;
(3) The predevelopment costs required to assess sites for purposes
of subparagraph (1) or (2); and
(4) The acquisition of other tangible property.
In addressing paragraph (a) of this priority, an applicant must
provide the census tract number of the qualified opportunity zone in
which it proposes to open a new charter school or replicate or expand a
high-quality charter school. A list of qualified opportunity zones,
with census tract numbers, is available at www.cdfifund.gov/Pages/Opportunity-Zones.aspx.
In addressing paragraph (b) of this priority, an applicant must
identify the qualified opportunity fund from which it has received or
will receive financial assistance. The Department may, at its
discretion, give applicants additional time to provide evidence of such
assistance after the deadline for transmittal of applications. If the
Department elects to give applicants additional time, we will announce
in the notice inviting applications (NIA) the deadline by which such
evidence must be provided.
Proposed Priority 2--Reopening Academically Poor-Performing Public
Schools as Charter Schools
Background: The CSP authorizing statute includes a priority under
the CMO grant competition for eligible entities that demonstrate
success in working with schools identified by the State for
comprehensive support and improvement under section 1111(c)(4)(D)(i) of
the ESEA. In 2018, the Department undertook rulemaking to develop a
final priority under the CMO grant competition that is based on that
grant competition's statutory priority but would require that, in order
to meet the priority, the applicant also would be required to use grant
funds to support school improvement efforts by restarting an
academically poor-performing public school. The priority included in
this competition is almost identical to the final priority under the
CMO grant competition.
We believe that the restart model (i.e., reopening a low-performing
traditional public school under the management of a charter school
developer, or reopening a low-performing public charter school under
the management of a different charter school developer) holds promise
as a school improvement strategy, but data suggest that it has been
underutilized.\1\ Accordingly, the proposed priority is intended to
help increase the frequency of implementation of the restart model.
Like the CMO grant competition's final priority, the proposed priority
also would require applicants to demonstrate past success through work
with one or more academically poor-performing schools or schools
previously designated as persistently lowest-achieving schools or
priority schools (i.e., schools identified for interventions under the
former School Improvement Grant program or in States that exercised
``ESEA flexibility,'' respectively, under the ESEA, as amended by the
No Child Left Behind Act of 2001 (NCLB)), including but not limited to
direct experience reopening academically poor-performing public schools
as charter schools.
---------------------------------------------------------------------------
\1\ Hurlburt, S., Therriault, S.B., and Le Floch, K.C. (2012).
School Improvement Grants: Analyses of State Applications and
Eligible and Awarded Schools (NCEE 2012-4060). Washington, DC:
National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences, U.S. Department of Education.
---------------------------------------------------------------------------
In future Developer grant competitions that include this priority,
we would encourage applicants to review CSP technical assistance
materials pertaining to how an applicant may design an admissions
lottery for an academically poor-performing public school that the
applicant is proposing to restart. Under the most recent version of the
CSP nonregulatory guidance, for example, a charter school receiving CSP
funds could, if permissible under applicable State law, exempt from its
lottery students who are enrolled in the academically poor-performing
public school at the time it is restarted.
Proposed Priority: Under this priority, applicants must--
(a) Demonstrate past success working with one or more academically
poor-performing public schools or schools that previously were
designated as persistently lowest-achieving schools or priority schools
under the former School Improvement Grant program or in States that
exercised ESEA flexibility, respectively, under the ESEA, as amended by
NCLB, including but not limited to direct experience reopening
academically poor-performing public schools as charter schools; and
(b) Propose to use grant funds under this program to reopen an
academically poor-performing public school as a charter school during
the project period by--
[[Page 13206]]
(1) Replicating a high-quality charter school based on a successful
charter school model for which the applicant has provided evidence of
success; and
(2) Targeting a demographically similar student population in the
replicated charter school as was served by the academically poor-
performing public school, consistent with nondiscrimination
requirements contained in the U.S. Constitution and Federal civil
rights laws.
Proposed Priority 3--High School Students
Background: The CSP authorizing statute includes a priority under
the CMO grant competition for eligible applicants that propose to
expand or replicate high-quality charter schools that serve high school
students. In addition, section 4310(2)(M) of the ESEA authorizes
charter schools that serve postsecondary students to receive CSP funds.
In 2018, the Department went through the rulemaking process to develop
a final priority for the CMO grant competition based on that
competition's statutory priority. The priority expanded upon that
priority by also requiring that applicants replicate or expand charter
high schools that offer programs and activities designed to prepare
high school students for enrollment in postsecondary education
institutions, which include those that offer one-year training programs
that prepare students for gainful employment in a recognized occupation
(as described in section 101(b)(1) of the Higher Education Act of 1965,
as amended (HEA)) and support such students after high school
graduation in persisting in college and attaining degrees and
certificates.
The proposed priority included in this notice is almost identical
to the CMO grant competition priority, as the Department believes the
priority would complement broader efforts to increase postsecondary
participation, attendance, persistence, and degree attainment among our
Nation's high school graduates. In order to meet the priority, an
applicant must describe how it will prepare students for postsecondary
education and, drawing from the authority provided in section
4310(2)(M) of the ESEA, provide support for its graduates who enroll in
institutions of higher education and certain one-year training programs
that prepare students for gainful employment in a recognized
occupation. In addition, applicants must establish one or more project-
specific performance measures that will provide reliable information
about the grantee's progress in meeting the objectives of the project.
Proposed Priority: (a) Under this priority, applicants must propose
to--
(1) Open a new charter school or replicate or expand a high-quality
charter school to serve high school students, including educationally
disadvantaged students;
(2) Prepare students, including educationally disadvantaged
students, in that school for enrollment in postsecondary education
institutions through activities such as, but not limited to,
accelerated learning programs (including Advanced Placement and
International Baccalaureate courses and programs, dual or concurrent
enrollment programs, and early college high schools), college
counseling, career and technical education programs, career counseling,
internships, work-based learning programs (such as apprenticeships),
assisting students in the college admissions and financial aid
application processes, and preparing students to take standardized
college admissions tests; and
(3) Provide support for students, including educationally
disadvantaged students, who graduate from that school and enroll in
postsecondary education institutions in persisting in, and attaining a
degree or certificate from, such institutions, through activities such
as, but not limited to, mentorships, ongoing assistance with the
financial aid application process, and establishing or strengthening
peer support systems for such students attending the same institution.
(b) Applicants must propose one or more project-specific
performance measures, including aligned leading indicators or other
interim milestones, that will provide valid and reliable information
about the applicant's progress in preparing students, including
educationally disadvantaged students, for enrollment in postsecondary
education institutions and in supporting those students in persisting
in and attaining a degree or certificate from such institutions. An
applicant addressing this priority and receiving a Developer grant must
provide data that are responsive to the measure(s), including
performance targets, in its annual performance reports to the
Department.
(c) For purposes of this priority, postsecondary education
institutions include institutions of higher education, as defined in
section 8101(29) of the ESEA, and one-year training programs that meet
the requirements of section 101(b)(1) of the HEA.
Proposed Priority 4--Rural Community
Background: We propose this priority to enable the Department to
provide incentives for applicants to propose to open a new charter
school or to replicate or expand a high-quality charter school in a
rural community. There is too often a relative dearth of high-quality
educational options for students in rural communities, and our
experience implementing this and other discretionary grant programs has
taught us that students in these communities often face unique
obstacles to educational success. This proposed priority would allow
the Department flexibility to provide an incentive for applicants
proposing to open a new charter school or to replicate or expand a
high-quality charter school in a rural community, including by
evaluating such applications separately from applications proposing to
open new charter schools or to replicate or expand high-quality charter
schools in non-rural communities, thereby allowing for an ``apples-to-
apples'' comparison.
To meet this priority, an applicant would need to propose to open a
new charter school or to replicate or expand a high-quality charter
school in a rural community or such a school in a non-rural community,
depending on the Department's policy objectives in a given year and
which prong of the priority the applicant is addressing.
This proposed priority would help ensure that students in rural
communities have access to a range of educational options similar to
that available to their peers in suburban and urban areas, and from
which parents can select an option that best meets their child's needs.
Proposed Priority: Under this priority, applicants must propose to
open a new charter school or to replicate or expand a high-quality
charter school in--
(a) A rural community; or
(b) A community that is not a rural community.
Proposed Priority 5--Opening a New Charter School or Replicating or
Expanding a High-Quality Charter School To Serve Native American
Students
Background: We propose this priority to enable the Department to
provide an incentive for applicants that propose to open a new charter
school or to replicate or expand a high-quality charter school by
conducting targeted outreach and recruitment in order to serve a high
proportion of Native American students. We propose to define ``high
proportion'' in a way that would enable the Department to
[[Page 13207]]
determine whether a new, replicated, or expanded charter school serves
a high proportion of Native American students on a case-by-case basis,
taking into consideration the unique factual circumstances of that
school. The priority would allow applicants to receive priority for
proposing to open a new charter school, or to replicate or expand a
high-quality charter school, that serves Native Hawaiian and Native
American Pacific Islander students, as well as students who are Indians
(including Alaska Natives).
In order to meet the priority, an applicant would be required to
provide a letter of support from one or more Indian Tribes or Native
American organizations located within the area to be served by the new,
replicated, or expanded charter school, and to meaningfully collaborate
with the Indian Tribes or Native American organizations in a timely,
active, and ongoing manner. In addition, the applicant would have to
demonstrate that the new, replicated, or expanded charter school's
mission and educational program will address the unique educational
needs of students who are Native Americans, and that such school's
governing board will have a substantial percentage of members who are
members of Indian Tribes or Native American organizations located
within the area to be served by the charter school. Generally, a school
board with a percentage of members of Indian Tribes or Native American
organizations that is comparable to the percentage of Native American
students to be served would satisfy the substantial percentage
requirement in this priority; however, there may be circumstances where
a smaller or larger percentage of members from an Indian Tribe or
Native American organization is appropriate.
Proposed Priority: Under this priority, applicants must--
(a) Propose to open a new charter school, or replicate or expand a
high-quality charter school, that--
(1) Utilizes targeted outreach and recruitment in order to serve a
high proportion of Native American students, consistent with
nondiscrimination requirements contained in the U.S. Constitution and
Federal civil rights laws;
(2) Has a mission and focus that will address the unique
educational needs of Native American students, such as through the use
of instructional programs and teaching methods that reflect and
preserve Native American language, culture, and history; and
(3) Has or will have a governing board with a substantial
percentage of members who are members of Indian Tribes or Native
American organizations located within the area to be served by the new,
replicated, or expanded charter school;
(b) Submit a letter of support from at least one Indian Tribe or
Native American organization located within the area to be served by
the new, replicated, or expanded charter school; and
(c) Meaningfully collaborate with the Indian Tribe(s) or Native
American organization(s) from which the applicant has received a letter
of support in a timely, active, and ongoing manner with respect to the
development and implementation of the educational program at the
charter school.
Proposed Priority 6--Low-Income Demographic
Background: This proposed priority is for applicants with
experience serving concentrations of students who are individuals from
low-income families and is intended to support efforts to increase the
number of high-quality educational options available to such students,
particularly in the Nation's high-poverty areas. We propose three
subparts to this proposed priority, each of which would require that
the schools the applicant operates or manages serve a specific minimum
percentage of students who are individuals from low-income families
over the course of the Developer grant project period. The Secretary
would have flexibility to choose one or more of the subparts of this
priority in a given competition. We believe such flexibility is
necessary to enable the Secretary to accommodate the range of eligible
applicants and schools that may need support in a given year.
Under the proposed priority, a charter school proposed to be
opened, replicated, or expanded by an applicant would serve, for the
duration of the grant period, a percentage of students who are
individuals from low-income families that is comparable to the minimum
percentage of such students established under the priority for a given
year. While the priority is written in a manner that gives the
Department flexibility to apply one, two, or all three poverty
standards in a single competition, we do not anticipate applying more
than one poverty standard in a single competition.
Proposed Priority: Under this priority, applicants must demonstrate
one of the following--
(a) That at least 40 percent of the students across all of the
charter schools the applicant operates or manages are individuals from
low-income families, and that the applicant will maintain the same, or
a substantially similar, percentage of such students across all of its
charter schools during the grant period;
(b) That at least 50 percent of the students across all of the
charter schools the applicant operates or manages are individuals from
low-income families, and that the applicant will maintain the same, or
a substantially similar, percentage of such students across all of its
charter schools during the grant period; or
(c) That at least 60 percent of the students across all of the
charter schools the applicant operates or manages are individuals from
low-income families, and that the applicant will maintain the same, or
a substantially similar, percentage of such students across all of its
charter schools during the grant period.
Proposed Priority 7--Single School Operators
Background: Under this priority, we would give preference to
applicants that currently operate a single charter school. We are
including this priority to encourage applications from developers that
currently operate a single charter school but seek to replicate or
expand it. Through this priority, we hope to support successful single
school operators to grow into charter management organizations that, in
the future, can continue to replicate and expand their successful
school models. This proposed priority also would allow the Department
to evaluate applicants from single school operators separately from
applicants that already operate more than one school, thereby allowing
for an ``apples-to-apples'' comparison.
Proposed Priority: Under this priority, applicants must provide
evidence that--
(a) The applicant currently operates one, and only one, charter
school; or
(b) The applicant currently operates more than one charter school.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to
[[Page 13208]]
which the application meets the priority (34 CFR 75.105(c)(2)(i)); or
(2) selecting an application that meets the priority over an
application of comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Requirements
Background: Section 4305(a)(2) of the ESEA includes specific
requirements applicable to the Developer grant competition. In addition
to those requirements, section 4305(c) of the ESEA requires grants
awarded to Developers to have the ``same terms and conditions as grants
awarded to State entities under section 4303.'' As applicable, we
intend to apply the requirements in section 4303(f) of the ESEA to
Developer grants, in addition to the proposed application requirements,
eligibility restrictions, and funding restrictions.
In general, the Department believes, based on past experience
administering this program, that these proposed requirements are
necessary for the proper consideration of applications for Developer
grants and would increase the likelihood of success of applicants'
proposed projects, thereby contributing to the efficient use of
taxpayer dollars in expanding the high-quality educational options
available to our Nation's students. In accordance with section 4305(c),
these proposed requirements would not preclude the Department from
applying other terms and conditions applicable to State entity grants
to Developer grants in FY 2019 or future years.
Proposed Requirements: We propose the following requirements for
this program. We may apply one or more of these requirements in any
year in which this program is in effect.
Applicants for funds under this program must address one or more of
the following application requirements:
(a) Describe the applicant's objectives in running a quality
charter school program and how the program will be carried out.
(b) Describe the educational program that the applicant will
implement in the charter school receiving funding under this program,
including--
(1) Information on how the program will enable all students to meet
the challenging State academic standards;
(2) The grade levels or ages of students who will be served; and
(3) The instructional practices that will be used.
(c) Describe how the applicant will ensure that the charter school
that will receive funds will recruit, enroll, and retain students,
including educationally disadvantaged students, which include children
with disabilities and English learners, including the lottery and
enrollment procedures that will be used for the charter school if more
students apply for admission than can be accommodated, and, if the
applicant proposes to use a weighted lottery, how the weighted lottery
complies with section 4303(c)(3)(A) of the ESEA.
(d) Provide a complete logic model (as defined in 34 CFR 77.1) for
the grant project. The logic model must include the applicant's
objectives for implementing a new charter school or replicating or
expanding a high-quality charter school with funding under this
competition.
(e) Provide a budget narrative, aligned with the activities, target
grant project outputs, and outcomes described in the logic model, that
outlines how grant funds will be expended to carry out planned
activities.
(f) If the applicant proposes to open a new charter school (CFDA
number 84.282B) or proposes to replicate or expand a charter school
(CFDA number 84.282E) that provides a single-sex educational program,
demonstrate that the proposed single-sex educational programs are in
compliance with title IX of the Education Amendments of 1972 (20 U.S.C.
1681, et seq.) (``Title IX'') and its implementing regulations,
including 34 CFR 106.34.
(g) Provide the applicant's most recent available independently
audited financial statements prepared in accordance with generally
accepted accounting principles.
(h) For each charter school currently operated or managed by
applicants under CFDA 84.282E for replication and expansion, provide--
(1) Information that demonstrates that the school is treated as a
separate school by its authorized public chartering agency and the
State, including for purposes of accountability and reporting under
title I, part A of the ESEA;
(2) Student assessment results for all students and for each
subgroup of students described in section 1111(c)(2) of the ESEA;
(3) Attendance and student retention rates for the most recently
completed school year and, if applicable, the most recent available
four-year adjusted cohort graduation rates and extended-year adjusted
cohort graduation rates; and
(4) Information on any significant compliance and management issues
encountered within the last three school years by the existing charter
school being operated or managed by the eligible entity, including in
the areas of student safety and finance.
(i) Provide--
(1) A request and justification for waivers of any Federal
statutory or regulatory provisions that the eligible entity believes
are necessary for the successful operation of the charter school to be
opened or to be replicated or expanded; and
(2) A description of any State or local rules, generally applicable
to public schools, that will be waived or otherwise not apply to the
school that will receive funds.
(j) A description of how each school that will receive funds meets
the definition of charter school under section 4310(2) of the ESEA.
Eligibility: Eligibility for a grant under this competition is
limited to charter school developers in States that do not currently
have a CSP State Entity grant (CFDA number 84.282A) under the ESEA.
Eligibility in a State with a CSP State Educational Agency (SEA) grant
(CFDA 84.282A) under the ESEA, as amended by NCLB, is limited to grants
for replication and expansion \2\ (CFDA 84.282E) and only if the
Department has not approved an amendment to the SEA's approved grant
application authorizing the SEA to make subgrants for replication and
expansion.\3\
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\2\ The list of eligible States will be included in the NIA for
this competition and will be updated at the time of publication of
that notice.
\3\ The list of these States will be included in the NIA for
this competition and will be updated at the time of publication of
that notice.
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Funding Restriction: An applicant may only propose to support one
charter school per grant application.
Proposed Definitions
We propose the following definitions for this program. We may apply
one or more of these definitions in any year in which this program is
in effect.
Background: In order to ensure a common understanding of the
proposed priorities, requirements, and selection criteria, we propose
definitions that are critical to the policy and statutory purposes of
the Developer grant program. We propose these definitions in order to
clarify expectations for eligible entities applying for Developer
grants and to ensure that the review process for applications for
Developer grants remains as transparent as possible. The proposed
definition for educationally disadvantaged students is based on section
1115(c)(2) of the ESEA,
[[Page 13209]]
and the proposed definition for Indian Tribe is from section 6132(b)(2)
of the ESEA. In addition, we are particularly interested in receiving
feedback on the proposed definition of rural community.
Academically poor-performing public school means:
(a) A school identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i) of the ESEA; or
(b) A public school otherwise identified by the State or, in the
case of a charter school, its authorized public chartering agency, as
similarly academically poor-performing.
Educationally disadvantaged student means a student in one or more
of the categories described in section 1115(c)(2) of the ESEA, which
include children who are economically disadvantaged, children with
disabilities, migrant students, English learners, neglected or
delinquent students, homeless students, and students who are in foster
care.
High proportion, when used to refer to Native American students,
means a fact-specific, case-by-case determination based upon the unique
circumstances of a particular charter school or proposed charter
school. The Secretary considers ``high proportion'' to include a
majority of Native American students. In addition, the Secretary may
determine that less than a majority of Native American students
constitutes a ``high proportion'' based on the unique circumstances of
a particular charter school or proposed charter school, as described in
the application for funds.
Indian Tribe means a federally recognized or a State-recognized
Tribe.
Individual from a low-income family means an individual who is
determined by a State educational agency or local educational agency to
be a child from a low-income family on the basis of (a) data used by
the Secretary to determine allocations under section 1124 of the ESEA,
(b) data on children eligible for free or reduced-price lunches under
the Richard B. Russell National School Lunch Act, (c) data on children
in families receiving assistance under part A of title IV of the Social
Security Act, (d) data on children eligible to receive medical
assistance under the Medicaid program under title XIX of the Social
Security Act, or (e) an alternate method that combines or extrapolates
from the data in items (a) through (d) of this definition.
Institution of higher education means an educational institution in
any State that--
(a) Admits as regular students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate, or persons who meet the
requirements of section 484(d) of the HEA;
(b) Is legally authorized within such State to provide a program of
education beyond secondary education;
(c) Provides an educational program for which the institution
awards a bachelor's degree or provides not less than a two-year program
that is acceptable for full credit toward such a degree, or awards a
degree that is acceptable for admission to a graduate or professional
degree program, subject to review and approval by the Secretary;
(d) Is a public or other nonprofit institution; and
(e) Is accredited by a nationally recognized accrediting agency or
association, or if not so accredited, is an institution that has been
granted preaccreditation status by such an agency or association that
has been recognized by the Secretary for the granting of
preaccreditation status, and the Secretary has determined that there is
satisfactory assurance that the institution will meet the accreditation
standards of such an agency or association within a reasonable time.
Native American means an Indian (including an Alaska Native), as
defined in section 6132(b)(2) of the ESEA, Native Hawaiian, or Native
American Pacific Islander.
Native American language means the historical, traditional
languages spoken by Native Americans.
Native American organization means an organization that--
(a) Is legally established--
(1) By Tribal or inter-Tribal charter or in accordance with State
or Tribal law; and
(2) With appropriate constitution, by-laws, or articles of
incorporation;
(b) Includes in its purposes the promotion of the education of
Native Americans;
(c) Is controlled by a governing board, the majority of which is
Native American;
(d) If located on an Indian reservation, operates with the sanction
or by charter of the governing body of that reservation;
(e) Is neither an organization or subdivision of, nor under the
direct control of, any institution of higher education; and
(f) Is not an agency of State or local government.
Rural community means a community that is served by a local
educational agency that is eligible to apply for funds under the Small
Rural School Achievement (SRSA) program or the Rural and Low-Income
School (RLIS) program authorized under title V, part B of the ESEA.
Applicants may determine whether a particular local educational agency
is eligible for these programs by referring to information on the
following Department websites. For the SRSA program: www2.ed.gov/programs/reapsrsa/eligible16/. For the RLIS program:
www2.ed.gov/programs/reaprlisp/eligibility.html.
Proposed Selection Criteria
Background: Based on past experience implementing the Developer
grant competition and its predecessor competition, we believe that
these additional criteria will be valuable tools for peer reviewers to
evaluate the quality of Developer applications in future years.
Proposed selection criterion (a) ``Quality of the eligible
applicant'' would only apply to applicants under CFDA number 84.282E
for replication and expansion. Under this proposed selection criterion,
the Department would consider the degree to which an applicant has
demonstrated success in increasing student academic achievement, the
degree to which the academic achievement results for educationally
disadvantaged students served by the charter schools operated or
managed by the applicant have exceeded the average academic achievement
results for such students in the State, whether charter schools
operated or managed by the applicant have been closed or have
encountered statutory or regulatory compliance issues, and the strength
of the applicant's non-academic results such as parent satisfaction,
school climate, student mental health, civic engagement, and crime
prevention and reduction. Further, we propose to incorporate into this
criterion language from the ESEA definition of ``high-quality charter
school'' that would enable reviewers also to consider any significant
issues that an applicant's charter schools have encountered in the
areas of financial or operational management and student safety. The
Department believes that these proposed selection factors would align
with the intent of the authorizing statute and would bolster our
ability to select high-quality Developer applicants that propose to
replicate or expand a high-quality charter school.
Proposed selection criterion (b) ``Significance of contribution in
assisting educationally disadvantaged students'' would focus on the
contribution the proposed project would make in expanding educational
opportunities for educationally disadvantaged students and enabling
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those students to meet challenging State academic standards. This
proposed criterion would allow the Department to assess the extent to
which each proposed project aligns with a major statutory purpose of
the CSP: To expand opportunities for educationally disadvantaged
students. This criterion would encourage applicants to discuss their
plans for opening a new charter school, or replicating or expanding a
high-quality charter school, that will recruit and enroll educationally
disadvantaged students.
Proposed selection criterion (c) ``Quality of the continuation
plan'' would focus on the applicant's plan for continuing to operate
the charter school that would receive grant funds once those funds are
no longer available. This criterion will enable reviewers to assess the
strength of applicants' continuation plans and the extent to which the
applicant is prepared to operate the charter school in a way that is
consistent with the eligible applicant's application even after the
grant performance period ends.
Proposed Selection Criteria: We propose the following selection
criteria for evaluating an application under this program. We may apply
one or more of these criteria in any year in which this program is in
effect. In the NIA, we will announce the maximum possible points
assigned to each criterion.
The Secretary will select eligible entities to receive grants under
this program on the basis of the quality of such applications, after
taking into consideration one or more of the following selection
criteria:
(a) Quality of the eligible applicant.
In determining the quality of the eligible applicant, the Secretary
considers the following factors:
(1) The extent to which the academic achievement results (including
annual student performance on statewide assessments and annual student
attendance and retention rates and, where applicable and available,
student academic growth, high school graduation rates, postsecondary
enrollment and persistence rates, including in college or career
training programs, employment rates, earnings, and other academic
outcomes) for educationally disadvantaged students served by the
charter school(s) operated or managed by the applicant have exceeded
the average academic achievement results for such students served by
other public schools in the State.
(2) The extent to which one or more charter schools operated or
managed by the applicant have closed; have had a charter revoked due to
noncompliance with statutory or regulatory requirements; or have had
their affiliation with the applicant revoked or terminated, including
through voluntary disaffiliation.
(3) The extent to which one or more charter schools operated or
managed by the applicant have had any significant issues in the area of
financial or operational management or student safety, or have
otherwise experienced significant problems with statutory or regulatory
compliance that could lead to revocation of the school's charter.
(4) The extent to which the schools operated or managed by the
applicant demonstrate strong results on measurable outcomes in non-
academic areas such as, but not limited to, parent satisfaction, school
climate, student mental health, civic engagement, and crime prevention
and reduction.
(b) Significance of contribution in assisting educationally
disadvantaged students.
In determining the significance of the contribution the proposed
project will make in expanding educational opportunity for
educationally disadvantaged students and enabling those students to
meet challenging State academic standards, the Secretary considers the
quality of the plan to ensure that the charter school the applicant
proposes to open, replicate, or expand will recruit, enroll, and
effectively serve educationally disadvantaged students, which include
children with disabilities and English learners.
(c) Quality of the continuation plan.
In determining the quality of the continuation plan, the Secretary
considers the extent to which the eligible applicant is prepared to
continue to operate the charter school that would receive grant funds
in a manner consistent with the eligible applicant's application once
the grant funds under this program are no longer available.
Final Priorities, Requirements, Definitions, and Selection
Criteria: We will announce the final priorities, requirements,
definitions, and selection criteria in a document in the Federal
Register. We will determine the final priorities, requirements,
definitions, and selection criteria after considering public comments
and other information available to the Department. This document does
not preclude us from proposing additional priorities, requirements,
definitions, or selection criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use one or more of these priorities, requirements,
definitions, and selection criteria, we invite applications through a
notice in the Federal Register.
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
Under Executive Order 13771, for each new rule that the Department
proposes for notice and comment or otherwise promulgates that is a
significant regulatory action under Executive Order 12866, and that
imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2019, any new incremental costs associated
with a new regulation must be fully offset by the elimination of
existing costs through deregulatory actions. Because the proposed
regulatory action is not significant, the requirements of Executive
Order 13771 do not apply.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that
[[Page 13211]]
their benefits justify their costs (recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these proposed priorities, requirements,
definitions, and selection criteria only on a reasoned determination
that their benefits would justify their costs. In choosing among
alternative regulatory approaches, we selected those approaches that
would maximize net benefits. Based on the analysis that follows, the
Department believes that this regulatory action is consistent with the
principles in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
We believe that the benefits of this regulatory action outweigh any
associated costs, which we believe would be minimal. While this action
would impose cost-bearing requirements on participating Developers, we
expect that Developer applicants would include requests for funds to
cover such costs in their proposed project budgets. We believe this
regulatory action would strengthen accountability for the use of
Federal funds by helping to ensure that the Department awards CSP
grants to Developers that are most capable of expanding the number of
high-quality charter schools available to our Nation's students.
Paperwork Reduction Act of 1995
The proposed priorities, requirements, and selection criteria
contain information collection requirements that are approved by OMB
under OMB control number 1894-0006; the proposed priorities,
requirements, and selection criteria do not affect the currently
approved data collection.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action would not have a significant
economic impact on a substantial number of small entities. The U.S.
Small Business Administration (SBA) Size Standards define proprietary
institutions as small businesses if they are independently owned and
operated, are not dominant in their field of operation, and have total
annual revenue below $7,000,000. Nonprofit institutions are defined as
small entities if they are independently owned and operated and not
dominant in their field of operation. Public institutions are defined
as small organizations if they are operated by a government overseeing
a population below 50,000.
Participation in this program is voluntary and limited to charter
school developers seeking funds to help open a new charter school or
replicate or expand a high-quality charter. The Department anticipates
that approximately 50 developers will apply for Developer grants in a
given year and estimates that approximately half of these developers
will be small entities. For this limited number of small entities, any
cost-bearing requirements imposed by this regulatory action can be
defrayed with grant funds, as discussed in the Regulatory Impact
Analysis.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document 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: April 1, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-06584 Filed 4-3-19; 8:45 am]
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