Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants for Credit Enhancement for Charter School Facilities, 26095-26099 [2019-11725]
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your search to documents published by
the Department.
Johnny W. Collett,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2019–11641 Filed 6–4–19; 8:45 am]
DEPARTMENT OF EDUCATION
Applications for New Awards;
Expanding Opportunity Through
Quality Charter Schools Program
(CSP)—Grants for Credit Enhancement
for Charter School Facilities
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
The Department of Education
(Department) is issuing a notice inviting
applications for fiscal year (FY) 2019 for
CSP—Grants for Credit Enhancement for
Charter School Facilities (Credit
Enhancement), Catalog of Federal
Domestic Assistance (CFDA) number
84.354A. This notice relates to the
approved information collection under
OMB control number 1855–0007.
DATES:
Applications Available: June 5, 2019.
Deadline for Transmittal of
Applications: July 19, 2019.
Deadline for Intergovernmental
Review: September 18, 2019.
Pre-Application Webinar Information:
The Credit Enhancement program
intends to hold a webinar designed to
provide technical assistance to
interested applicants. Detailed
information regarding this webinar will
be provided on the Credit Enhancement
web page at https://innovation.ed.gov/
what-we-do/charter-schools/creditenhancement-for-charter-schoolfacilities-program/applicant-info-andeligibility/.
ADDRESSES: For the addresses for
obtaining and submitting an
application, please refer to our Common
Instructions for Applicants to
Department of Education Discretionary
Grant Programs, published in the
Federal Register on February 13, 2019
(84 FR 3768), and available at
www.govinfo.gov/content/pkg/FR-201902-13/pdf/2019-02206.pdf.
FOR FURTHER INFORMATION CONTACT:
Clifton Jones, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E211, Washington, DC 20202–
5970. Telephone: (202) 205–2204.
Email: Clifton.Jones@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
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SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
BILLING CODE 4000–01–P
SUMMARY:
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
Purpose of Program: The Credit
Enhancement program provides grants
to eligible entities to demonstrate
innovative methods of helping charter
schools to address the cost of acquiring,
constructing, and renovating facilities
by enhancing the availability of loans
and bond financing.
Priorities: This competition includes
one competitive preference priority and
two invitational priorities. In
accordance with 34 CFR 75.105(b)(2)(ii),
the competitive preference priority is
from 34 CFR 225.12.
Competitive Preference Priority: For
FY 2019 and any subsequent year in
which we make awards from the list of
unfunded applications from this
competition, this priority is a
competitive preference priority. Under
34 CFR 75.105(c)(2)(i), we award up to
an additional 15 points to an
application, depending on how well the
application addresses the priority.
This priority is:
The capacity of charter schools to
offer public school choice in those
communities with the greatest need for
this choice based on—
(1) The extent to which the applicant
would target services to geographic
areas in which a large proportion or
number of public schools have been
identified for comprehensive support
and improvement or targeted support
and improvement under the ESEA, as
amended by the Every Student Succeeds
Act (up to 5 points);
(2) The extent to which the applicant
would target services to geographic
areas in which a large proportion of
students perform below proficient on
State academic assessments (up to 5
points); and
(3) The extent to which the applicant
would target services to communities
with large proportions of students from
low-income families (up to 5 points).
Invitational Priorities: For FY 2019
and any subsequent year in which we
make awards from the list of unfunded
applications from this competition,
these priorities are invitational
priorities. Under 34 CFR 75.105(c)(1) we
do not give an application that meets
these invitational priorities a
competitive or absolute preference over
other applications.
These priorities are:
Invitational Priority 1.
Applicants proposing to—
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(1) Target services in one or more
qualified opportunity zones 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); or
(2) Partner with one or more qualified
opportunity funds under section
1400Z–2 of the Internal Revenue Code,
as amended by the Tax Cuts and Jobs
Act, in financing charter school
facilities.
In addressing this priority, an
applicant is encouraged to provide the
census tract number(s) of the qualified
opportunity zone(s) in which it
proposes to target services and identify
the qualified opportunity fund(s) with
which it proposes to partner, as
applicable. A list of qualified
opportunity zones, with census tract
numbers, is available at
www.cdfifund.gov/Pages/OpportunityZones.aspx.
Note: The Department is also
interested in applications that leverage
newly created or previously untapped
sources of capital or other assistance,
which may include non-Federal
programs, in financing charter school
facilities.
Invitational Priority 2.
Projects proposing to target services in
geographic areas and communities for
which limited or no services have been
provided under this program. Detailed
information regarding the geographic
areas and communities for which
services have been provided under this
program is available on the National
Charter School Resource Center web
page at https://
charterschoolcenter.ed.gov/facilities/
facilities-transactions-data.
Definitions:
The following definition is from
section 4310 of the ESEA (20 U.S.C.
7221i(2)).
Charter school means a public school
that—
(a) In accordance with a specific State
statute authorizing the granting of
charters to schools, is exempt from
significant State or local rules that
inhibit the flexible operation and
management of public schools, but not
from any rules relating to the other
requirements in section 4310 of the
ESEA;
(b) Is created by a developer as a
public school, or is adapted by a
developer from an existing public
school, and is operated under public
supervision and direction;
(c) Operates in pursuit of a specific set
of educational objectives determined by
the school’s developer and agreed to by
the authorized public chartering agency;
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(d) Provides a program of elementary
or secondary education, or both;
(e) Is nonsectarian in its programs,
admissions policies, employment
practices, and all other operations, and
is not affiliated with a sectarian school
or religious institution;
(f) Does not charge tuition;
(g) Complies with the Age
Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.),
title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section
504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), section 444 of the General
Education Provisions Act (20 U.S.C.
1232g) (commonly referred to as the
‘‘Family Educational Rights and Privacy
Act of 1974’’), and part B of the
Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.);
(h) Is a school to which parents
choose to send their children, and
that—
(i) Admits students on the basis of a
lottery, consistent with section
4303(c)(3)(A) of the ESEA (20 U.S.C.
7221b(c)(3)(A)), if more students apply
for admission than can be
accommodated; or
(ii) In the case of a school that has an
affiliated charter school (such as a
school that is part of the same network
of schools), automatically enrolls
students who are enrolled in the
immediate prior grade level of the
affiliated charter school and, for any
additional student openings or student
openings created through regular
attrition in student enrollment in the
affiliated charter school and the
enrolling school, admits students on the
basis of a lottery as described in
paragraph (h)(i);
(i) Agrees to comply with the same
Federal and State audit requirements as
do other elementary schools and
secondary schools in the State, unless
such State audit requirements are
waived by the State;
(j) Meets all applicable Federal, State,
and local health and safety
requirements;
(k) Operates in accordance with State
law;
(l) Has a written performance contract
with the authorized public chartering
agency in the State that includes a
description of how student performance
will be measured in charter schools
pursuant to State assessments that are
required of other schools and pursuant
to any other assessments mutually
agreeable to the authorized public
chartering agency and the charter
school; and
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(m) May serve students in early
childhood education programs or
postsecondary students.
Program Authority: 20 U.S.C. 7221c.
Applicable Regulations: (a) The
Education Department General
Administrative Regulations in 34 CFR
parts 75, 77, 79, 81, 82, 84, 86, 97, 98,
and 99. (b) The Office of Management
and Budget Guidelines to Agencies on
Governmentwide Debarment and
Suspension (Nonprocurement) in 2 CFR
part 180, as adopted and amended as
regulations of the Department in 2 CFR
part 3485. (c) The Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards in 2 CFR part 200, as
adopted and amended as regulations of
the Department in 2 CFR part 3474. (d)
The regulations for this program in 34
CFR part 225. (e) The notice of final
regulations published elsewhere in this
issue of the Federal Register.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds:
$45,000,000.
Contingent upon the availability of
funds and the quality of applications,
we may make additional awards in
subsequent years from the list of
unfunded applications from this
competition.
Estimated Range of Awards:
$4,000,000 to $20,000,000.
Estimated Average Size of Awards:
$12,000,000.
Estimated Number of Awards: 4.
Note: The Department is not bound by
any estimates in this notice.
Project Period: From the start date
indicated on the grant award document
until the Federal funds and earnings on
those funds have been expended for the
grant purposes or until financing
facilitated by the grant has been retired,
whichever is later.
III. Eligibility Information
1. Eligible Applicants:
(a) A public entity, such as a State or
local governmental entity;
(b) A private, nonprofit entity; or
(c) A consortium of entities described
in (a) and (b).
2. Cost Sharing or Matching: This
program does not require cost sharing or
matching.
3. Subgrantees: A grantee under this
competition may not award subgrants to
entities to directly carry out project
activities described in its application.
4. Other: The charter schools that a
grantee selects to benefit from this
program must meet the definition of
charter school in section 4310 of the
ESEA (20 U.S.C. 7221i)).
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IV. Application and Submission
Information
1. Application Submission
Instructions: Applicants are required to
follow the Common Instructions for
Applicants to Department of Education
Discretionary Grant Programs,
published in the Federal Register on
February 13, 2019 (84 FR 3768), and
available at www.govinfo.gov/content/
pkg/FR-2019-02-13/pdf/2019-02206.pdf,
which contain requirements and
information on how to submit an
application.
2. Content and Form of Application
Submission: Program statue, and
applicable regulations require that
eligible Credit Enhancement program
applications must include the following
specific elements:
(a) A statement identifying the
activities that the eligible entity
proposes to carry out with funds
received under the program, including
how the eligible entity will determine
which charter schools will receive
assistance, and how much and what
types of assistance charter schools will
receive. (ESEA section 4304(d)(2)(A)).
(b) A description of the involvement
of charter schools in the application’s
development and the design of the
proposed activities. (ESEA section
4304(d)(2)(B)).
(c) A description of the eligible
entity’s expertise in capital market
financing. (ESEA section 4304(d)(2)(C)).
(Consortium applicants must provide
this information for each of the
participating organizations.)
(d) A description of how the proposed
activities will leverage the maximum
amount of private-sector financing
capital relative to the amount of
government funding used and otherwise
enhance credit available to charter
schools, including how the eligible
entity will offer a combination of rates
and terms more favorable than the rates
and terms that a charter school could
receive without assistance from the
eligible entity under this section. (ESEA
section 4304(d)(2)(D)).
(e) A description of how the eligible
entity possesses sufficient expertise in
education to evaluate the likelihood of
success of a charter school program for
which facilities financing is sought.
(ESEA section 4304(d)(2)(E)).
(f) In the case of an application
submitted by a State governmental
entity, a description of the actions that
the eligible entity has taken, or will
take, to ensure that charter schools
within the State receive the funding that
charter schools need to have adequate
facilities. (ESEA section 4304(d)(2)(F)).
(g) In the case of applicants applying
as a consortium, applicants must also
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submit consortium agreements as part of
their application package. These
applicants must either designate one
member of the group to apply for the
grant or establish a separate legal entity
to apply for the grant. All members of
the consortium must then enter into an
agreement that details the activities that
each member of the group plans to
perform and that binds each member to
the application statements and
assurances. This consortium agreement
must be submitted as part of the
consortium’s application. The
Department’s administrative regulations
at 34 CFR 75.127–129 provide more
details about the requirements that
govern group/consortium applications.
3. Submission of Proprietary
Information: Given the types of projects
that may be proposed in applications for
the Credit Enhancement program, your
application may include business
information that you consider
proprietary. In 34 CFR 5.11, we define
‘‘business information’’ and describe the
process we use in determining whether
any of that information is proprietary
and, thus, protected from disclosure
under Exemption 4 of the Freedom of
Information Act (5 U.S.C. 552, as
amended).
Because we plan to make successful
applications available to the public, you
may wish to request confidentiality of
business information.
Consistent with Executive Order
12600, please designate in your
application any information that you
feel is exempt from disclosure under
Exemption 4. In the appropriate
Appendix section of your application,
under ‘‘Other Attachments Form,’’
please list the page number or numbers
on which we can find this information.
For additional information please see 34
CFR 5.11(c).
4. Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. Information about
Intergovernmental Review of Federal
Programs under Executive Order 12372
is in the application package for this
competition.
5. Funding Restrictions:
(a) Reserve accounts. An eligible
entity receiving a grant must, in
accordance with State and local law,
directly or indirectly, alone or in
collaboration with others, deposit the
funds received, other than funds used
for administrative costs, in a reserve
account established and maintained by
the eligible entity. Amounts deposited
in such account must be used by the
eligible entity for one or more of the
following purposes:
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(1) Guaranteeing, insuring, and
reinsuring bonds, notes, evidences of
debt, loans, and interests therein.
(2) Guaranteeing and insuring leases
of personal and real property.
(3) Facilitating financing by
identifying potential lending sources,
encouraging private lending, and other
similar activities that directly promote
lending to, or for the benefit of, charter
schools.
(4) Facilitating the issuance of bonds
by charter schools, or by other public
entities for the benefit of charter
schools, by providing technical,
administrative, and other appropriate
assistance (including the recruitment of
bond counsel, underwriters, and
potential investors and the
consolidation of multiple charter school
projects within a single bond issue).
Funds received and deposited in the
reserve account must be invested in
obligations issued or guaranteed by the
United States or a State, or in other
similarly low-risk securities. Any
earnings on funds received must be
deposited in the reserve account and
used in accordance with this program.
ESEA Section 4304(f)
(b) Charter school objectives. An
eligible entity receiving a grant must use
the funds deposited in the reserve
account to assist one or more charter
schools to access private-sector capital
to accomplish one or more of the
following objectives:
(1) The acquisition (by purchase,
lease, donation, or otherwise) of an
interest (including an interest held by a
third party for the benefit of a charter
school) in improved or unimproved real
property that is necessary to commence
or continue the operation of a charter
school.
(2) The construction of new facilities,
or the renovation, repair, or alteration of
existing facilities, necessary to
commence or continue the operation of
a charter school.
(3) The predevelopment costs
required to assess sites for purposes of
paragraph (1) or (2) and that are
necessary to commence or continue the
operation of a charter school. ESEA
Section 4304(e)
(c) Other. Grantees must ensure that
all costs incurred using funds from the
reserve account are reasonable. Under
20 U.S.C. 7221c(g), an eligible entity
may use not more than 2.5 percent of
the funds received under this grant for
the administrative costs of carrying out
its project responsibilities.
We specify unallowable costs in 34
CFR 225.21.
The full faith and credit of the United
States are not pledged to the payment of
funds under such obligation. In the
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event of a default on any debt or other
obligation, the United States has no
liability to cover the cost of the default.
Applicants that are selected to receive
an award must enter into a written
Performance Agreement with the
Department prior to drawing down
funds, unless the grantee receives
written permission from the Department
in the interim to draw down a specific
limited amount of funds. Grantees must
maintain and enforce standards of
conduct governing the performance of
their employees, officers, directors,
trustees, and agents engaged in the
selection, award, and administration of
contracts or agreements related to this
grant. The standards of conduct must
mandate disinterested decision-making.
The Secretary, in accordance with
chapter 37 of title 31 of the United
States Code, will collect all or a portion
of the funds in the reserve account
established with grant funds (including
any earnings on those funds) if the
Secretary determines that: (1) The
grantee has permanently ceased to use
such funds to accomplish the purposes
described in the authorizing statute and
the Performance Agreement; or (2) not
earlier than two years after the date on
which it first receives these funds, the
grantee has failed to make substantial
progress in undertaking the grant
project.
6. Recommended Page Limit: The
application narrative is where you, the
applicant, address the selection criteria
that reviewers use to evaluate your
application. We recommend that you (1)
limit the application narrative to 40
pages and (2) use the following
standards:
• A ‘‘page’’ is 8.5″ x 11″, on one side
only, with 1″ margins at the top, bottom,
and both sides.
• Double space (no more than three
lines per vertical inch) all text in the
application narrative, including titles,
headings, footnotes, quotations,
references, and captions, as well as all
text in charts, tables, figures, and
graphs.
• Use a font that is either 12 point or
larger or no smaller than 10 pitch
(characters per inch).
• Use one of the following fonts:
Times New Roman, Courier, Courier
New, or Arial.
Furthermore, applicants are strongly
encouraged to include a table of
contents that specifies where each
required part of the application is
located.
V. Application Review Information
1. Selection Criteria: The selection
criteria for this competition are from 34
CFR 225.11. The Secretary awards up to
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100 points for addressing these criteria.
The maximum possible score for
addressing each criterion is indicated in
parentheses. We encourage applicants to
make explicit connections to the
selection criteria and factors in their
applications.
The Secretary uses the following
criteria to evaluate an application for a
Credit Enhancement grant:
(a) Quality of project design and
significance (35 points):
In determining the quality of project
design and significance, the Secretary
considers—
(1) The extent to which the grant
proposal would provide financing to
charter schools at better rates and terms
than they can receive absent assistance
through the program;
(2) The extent to which the project
goals, objectives, and timeline are
clearly specified, measurable, and
appropriate for the purpose of the
program;
(3) The extent to which the project
implementation plan and activities,
including the partnerships established,
are likely to achieve measurable
objectives that further the purposes of
the program;
(4) The extent to which the project is
likely to produce results that are
replicable;
(5) The extent to which the project
will use appropriate criteria for
selecting charter schools for assistance
and for determining the type and
amount of assistance to be given;
(6) The extent to which the proposed
activities will leverage private or publicsector funding and increase the number
and variety of charter schools assisted
in meeting their facilities needs more
than would be accomplished absent the
program;
(7) The extent to which the project
will serve charter schools in States with
strong charter laws, consistent with the
criteria for such laws in section
4303(g)(2) of the ESEA; and
(8) The extent to which the requested
grant amount and the project costs are
reasonable in relation to the objectives,
design, and potential significance of the
project.
(b) Quality of project services (15
points):
In determining the quality of the
project services, the Secretary
considers—
(1) The extent to which the services
to be provided by the project reflect the
identified needs of the charter schools
to be served;
(2) The extent to which charter
schools and chartering agencies were
involved in the design of, and
demonstrate support for, the project;
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(3) The extent to which the technical
assistance and other services to be
provided by the proposed grant project
involve the use of cost-effective
strategies for increasing charter schools’
access to facilities financing, including
the reasonableness of fees and lending
terms; and
(4) The extent to which the services
to be provided by the proposed grant
project are focused on assisting charter
schools with a likelihood of success and
the greatest demonstrated need for
assistance under the program.
(c) Capacity (35 points):
In determining an applicant’s
business and organizational capacity to
carry out the project, the Secretary
considers—
(1) The amount and quality of
experience of the applicant in carrying
out the activities it proposes to
undertake in its application, such as
enhancing the credit on debt issuances,
guaranteeing leases, and facilitating
financing;
(2) The applicant’s financial stability;
(3) The ability of the applicant to
protect against unwarranted risk in its
loan underwriting, portfolio monitoring,
and financial management;
(4) The applicant’s expertise in
education to evaluate the likelihood of
success of a charter school;
(5) The ability of the applicant to
prevent conflicts of interest, including
conflicts of interest by employees and
members of the board of directors in a
decision-making role;
(6) If the applicant has co-applicants
(consortium members), partners, or
other grant project participants, the
specific resources to be contributed by
each co-applicant (consortium member),
partner, or other grant project
participant to the implementation and
success of the grant project;
(7) For State governmental entities,
the extent to which steps have been or
will be taken to ensure that charter
schools within the State receive the
funding needed to obtain adequate
facilities; and
(8) For previous grantees under the
charter school facilities programs, their
performance in implementing these
grants.
(d) Quality of project personnel (15
points):
In determining the quality of project
personnel, the Secretary considers—
(1) The qualifications of project
personnel, including relevant training
and experience, of the project manager
and other members of the project team,
including consultants or subcontractors;
and
(2) The staffing plan for the grant
project.
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2. Review and Selection Process: We
remind potential applicants that in
reviewing applications in any
discretionary grant competition, the
Secretary may consider, under 34 CFR
75.217(d)(3), the past performance of the
applicant in carrying out a previous
award, such as the applicant’s use of
funds, achievement of project
objectives, and compliance with grant
conditions. The Secretary may also
consider whether the applicant failed to
submit a timely performance report or
submitted a report of unacceptable
quality.
In addition, in making a competitive
grant award, the Secretary requires
various assurances, including those
applicable to Federal civil rights laws
that prohibit discrimination in programs
or activities receiving Federal financial
assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific
Conditions: Consistent with 2 CFR
200.205, before awarding grants under
this competition the Department
conducts a review of the risks posed by
applicants. Under 2 CFR 3474.10, the
Secretary may impose specific
conditions and, in appropriate
circumstances, high-risk conditions on a
grant if the applicant or grantee is not
financially stable; has a history of
unsatisfactory performance; has a
financial or other management system
that does not meet the standards in 2
CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant;
or is otherwise not responsible.
4. Integrity and Performance System:
If you are selected under this
competition to receive an award that
over the course of the project period
may exceed the simplified acquisition
threshold (currently $250,000), under 2
CFR 200.205(a)(2) we must make a
judgment about your integrity, business
ethics, and record of performance under
Federal awards—that is, the risk posed
by you as an applicant—before we make
an award. In doing so, we must consider
any information about you that is in the
integrity and performance system
(currently referred to as the Federal
Awardee Performance and Integrity
Information System (FAPIIS)),
accessible through the System for
Award Management. You may review
and comment on any information about
yourself that a Federal agency
previously entered and that is currently
in FAPIIS.
Please note that, if the total value of
your currently active grants, cooperative
agreements, and procurement contracts
from the Federal Government exceeds
$10,000,000, the reporting requirements
in 2 CFR part 200, Appendix XII,
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require you to report certain integrity
information to FAPIIS semiannually.
Please review the requirements in 2 CFR
part 200, Appendix XII, if this grant
plus all the other Federal funds you
receive exceed $10,000,000.
VI. Award Administration Information
1. Award Notices: If your application
is successful, we notify your U.S.
Representative and U.S. Senators and
send you a Grant Award Notification
(GAN); or we may send you an email
containing a link to access an electronic
version of your GAN. We may notify
you informally, also.
If your application is not evaluated or
not selected for funding, we notify you.
2. Administrative and National Policy
Requirements: We identify
administrative and national policy
requirements in the application package
and reference these and other
requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining
the terms and conditions of an award in
the Applicable Regulations section of
this notice and include these and other
specific conditions in the GAN. The
GAN also incorporates your approved
application as part of your binding
commitments under the grant.
3. Open Licensing Requirements:
Unless an exception applies, if you are
awarded a grant under this competition,
you will be required to openly license
to the public grant deliverables created
in whole, or in part, with Department
grant funds. When the deliverable
consists of modifications to pre-existing
works, the license extends only to those
modifications that can be separately
identified and only to the extent that
open licensing is permitted under the
terms of any licenses or other legal
restrictions on the use of pre-existing
works. Additionally, a grantee or
subgrantee that is awarded competitive
grant funds must have a plan to
disseminate these public grant
deliverables. This dissemination plan
can be developed and submitted after
your application has been reviewed and
selected for funding. For additional
information on the open licensing
requirements please refer to 2 CFR
3474.20(c).
4. Reporting: (a) If you apply for a
grant under this competition, you must
ensure that you have in place the
necessary processes and systems to
comply with the reporting requirements
in 2 CFR part 170 should you receive
funding under the competition. This
does not apply if you have an exception
under 2 CFR 170.110(b).
(b) If you receive a grant under this
competition, you must submit an annual
VerDate Sep<11>2014
19:03 Jun 04, 2019
Jkt 247001
report that complies with the reporting
requirements for Credit Enhancement
grantees in section 4304(h)(2) of the
ESEA and the performance and
financial expenditure reporting
requirements in 34 CFR 75.720. At the
end of your project period, you must
submit a final performance report,
including financial information, as
directed by the Secretary. The Secretary
may also require more frequent
performance reports under 34 CFR
75.720(c). For specific requirements on
reporting, please go to www.ed.gov/
fund/grant/apply/appforms/
appforms.html.
5. Performance Measures:
(a) Program Performance Measures.
The performance measures for this
program are: (1) The amount of funding
grantees leverage for charter schools to
acquire, construct, and renovate school
facilities; and (2) the number of charter
schools served. Grantees must provide
information that is responsive to these
measures as part of their annual
performance reports.
(b) Project-Specific Performance
Measures. Applicants must propose
project-specific performance measures
and performance targets consistent with
the objectives of the project and
program. Applicants must provide the
following information as directed under
34 CFR 75.110(b):
(1) Project Performance Measures.
How each proposed project-specific
performance measure would accurately
measure the performance of the project
and how the proposed project-specific
performance measure would be
consistent with the performance
measures established for the program
funding the competition.
(2) Project Performance Targets. Why
each proposed performance target is
ambitious yet achievable compared to
the baseline for the performance
measure and when, during the project
period, the applicant would meet the
performance target(s).
Note: The Secretary encourages
applicants to consider measures and
targets tied to their grant activities
during the grant period. For instance, if
an applicant is using eligibility for free
and reduced-price lunch to measure the
number of low-income families served
by the project, the applicant could
provide a percentage for students
qualifying for free and reduced-price
lunch. If an applicant is targeting
services to a Qualified Opportunity
Zone, the applicant could provide the
census tract number of the Qualified
Opportunity Zone(s) in which it
proposes to provide services. The
measures should be sufficient to gauge
the progress throughout the grant
PO 00000
Frm 00036
Fmt 4703
Sfmt 9990
26099
period, and show results by the end of
the grant period.
(3) Data Collection and Reporting. (i)
The data collection and reporting
methods the applicant would use and
why those methods are likely to yield
reliable, valid, and meaningful
performance data; and
(ii) The applicant’s capacity to collect
and report reliable, valid, and
meaningful performance data, as
evidenced by high-quality data
collection, analysis, and reporting in
other projects or research.
Note: If applicants do not have
experience with collection and
reporting of performance data through
other projects or research, they should
provide other evidence of their capacity
to successfully carry out data collection
and reporting for their proposed project.
VII. Other Information
Accessible Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: May 30, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2019–11725 Filed 6–4–19; 8:45 am]
BILLING CODE 4000–01–P
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Agencies
[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26095-26099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11725]
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DEPARTMENT OF EDUCATION
Applications for New Awards; Expanding Opportunity Through
Quality Charter Schools Program (CSP)--Grants for Credit Enhancement
for Charter School Facilities
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for fiscal year (FY) 2019 for CSP--Grants for
Credit Enhancement for Charter School Facilities (Credit Enhancement),
Catalog of Federal Domestic Assistance (CFDA) number 84.354A. This
notice relates to the approved information collection under OMB control
number 1855-0007.
DATES:
Applications Available: June 5, 2019.
Deadline for Transmittal of Applications: July 19, 2019.
Deadline for Intergovernmental Review: September 18, 2019.
Pre-Application Webinar Information: The Credit Enhancement program
intends to hold a webinar designed to provide technical assistance to
interested applicants. Detailed information regarding this webinar will
be provided on the Credit Enhancement web page at https://innovation.ed.gov/what-we-do/charter-schools/credit-enhancement-for-charter-school-facilities-program/applicant-info-and-eligibility/.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on February 13, 2019 (84 FR 3768), and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
FOR FURTHER INFORMATION CONTACT: Clifton Jones, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E211, Washington, DC 20202-
5970. Telephone: (202) 205-2204. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The Credit Enhancement program provides grants
to eligible entities to demonstrate innovative methods of helping
charter schools to address the cost of acquiring, constructing, and
renovating facilities by enhancing the availability of loans and bond
financing.
Priorities: This competition includes one competitive preference
priority and two invitational priorities. In accordance with 34 CFR
75.105(b)(2)(ii), the competitive preference priority is from 34 CFR
225.12.
Competitive Preference Priority: For FY 2019 and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, this priority is a competitive preference
priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 15
points to an application, depending on how well the application
addresses the priority.
This priority is:
The capacity of charter schools to offer public school choice in
those communities with the greatest need for this choice based on--
(1) The extent to which the applicant would target services to
geographic areas in which a large proportion or number of public
schools have been identified for comprehensive support and improvement
or targeted support and improvement under the ESEA, as amended by the
Every Student Succeeds Act (up to 5 points);
(2) The extent to which the applicant would target services to
geographic areas in which a large proportion of students perform below
proficient on State academic assessments (up to 5 points); and
(3) The extent to which the applicant would target services to
communities with large proportions of students from low-income families
(up to 5 points).
Invitational Priorities: For FY 2019 and any subsequent year in
which we make awards from the list of unfunded applications from this
competition, these priorities are invitational priorities. Under 34 CFR
75.105(c)(1) we do not give an application that meets these
invitational priorities a competitive or absolute preference over other
applications.
These priorities are:
Invitational Priority 1.
Applicants proposing to--
(1) Target services in one or more qualified opportunity zones 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); or
(2) Partner with one or more qualified opportunity funds under
section 1400Z-2 of the Internal Revenue Code, as amended by the Tax
Cuts and Jobs Act, in financing charter school facilities.
In addressing this priority, an applicant is encouraged to provide
the census tract number(s) of the qualified opportunity zone(s) in
which it proposes to target services and identify the qualified
opportunity fund(s) with which it proposes to partner, as applicable. A
list of qualified opportunity zones, with census tract numbers, is
available at www.cdfifund.gov/Pages/Opportunity-Zones.aspx.
Note: The Department is also interested in applications that
leverage newly created or previously untapped sources of capital or
other assistance, which may include non-Federal programs, in financing
charter school facilities.
Invitational Priority 2.
Projects proposing to target services in geographic areas and
communities for which limited or no services have been provided under
this program. Detailed information regarding the geographic areas and
communities for which services have been provided under this program is
available on the National Charter School Resource Center web page at
https://charterschoolcenter.ed.gov/facilities/facilities-transactions-data.
Definitions:
The following definition is from section 4310 of the ESEA (20
U.S.C. 7221i(2)).
Charter school means a public school that--
(a) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempt from significant State or
local rules that inhibit the flexible operation and management of
public schools, but not from any rules relating to the other
requirements in section 4310 of the ESEA;
(b) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
(c) Operates in pursuit of a specific set of educational objectives
determined by the school's developer and agreed to by the authorized
public chartering agency;
[[Page 26096]]
(d) Provides a program of elementary or secondary education, or
both;
(e) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution;
(f) Does not charge tuition;
(g) Complies with the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 444 of the General Education Provisions Act (20 U.S.C.
1232g) (commonly referred to as the ``Family Educational Rights and
Privacy Act of 1974''), and part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.);
(h) Is a school to which parents choose to send their children, and
that--
(i) Admits students on the basis of a lottery, consistent with
section 4303(c)(3)(A) of the ESEA (20 U.S.C. 7221b(c)(3)(A)), if more
students apply for admission than can be accommodated; or
(ii) In the case of a school that has an affiliated charter school
(such as a school that is part of the same network of schools),
automatically enrolls students who are enrolled in the immediate prior
grade level of the affiliated charter school and, for any additional
student openings or student openings created through regular attrition
in student enrollment in the affiliated charter school and the
enrolling school, admits students on the basis of a lottery as
described in paragraph (h)(i);
(i) Agrees to comply with the same Federal and State audit
requirements as do other elementary schools and secondary schools in
the State, unless such State audit requirements are waived by the
State;
(j) Meets all applicable Federal, State, and local health and
safety requirements;
(k) Operates in accordance with State law;
(l) Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
(m) May serve students in early childhood education programs or
postsecondary students.
Program Authority: 20 U.S.C. 7221c.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86,
97, 98, and 99. (b) The Office of Management and Budget Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The regulations for this program in 34 CFR part 225. (e)
The notice of final regulations published elsewhere in this issue of
the Federal Register.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $45,000,000.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in subsequent years from
the list of unfunded applications from this competition.
Estimated Range of Awards: $4,000,000 to $20,000,000.
Estimated Average Size of Awards: $12,000,000.
Estimated Number of Awards: 4.
Note: The Department is not bound by any estimates in this notice.
Project Period: From the start date indicated on the grant award
document until the Federal funds and earnings on those funds have been
expended for the grant purposes or until financing facilitated by the
grant has been retired, whichever is later.
III. Eligibility Information
1. Eligible Applicants:
(a) A public entity, such as a State or local governmental entity;
(b) A private, nonprofit entity; or
(c) A consortium of entities described in (a) and (b).
2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application.
4. Other: The charter schools that a grantee selects to benefit
from this program must meet the definition of charter school in section
4310 of the ESEA (20 U.S.C. 7221i)).
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on February 13, 2019 (84 FR 3768), and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which
contain requirements and information on how to submit an application.
2. Content and Form of Application Submission: Program statue, and
applicable regulations require that eligible Credit Enhancement program
applications must include the following specific elements:
(a) A statement identifying the activities that the eligible entity
proposes to carry out with funds received under the program, including
how the eligible entity will determine which charter schools will
receive assistance, and how much and what types of assistance charter
schools will receive. (ESEA section 4304(d)(2)(A)).
(b) A description of the involvement of charter schools in the
application's development and the design of the proposed activities.
(ESEA section 4304(d)(2)(B)).
(c) A description of the eligible entity's expertise in capital
market financing. (ESEA section 4304(d)(2)(C)). (Consortium applicants
must provide this information for each of the participating
organizations.)
(d) A description of how the proposed activities will leverage the
maximum amount of private-sector financing capital relative to the
amount of government funding used and otherwise enhance credit
available to charter schools, including how the eligible entity will
offer a combination of rates and terms more favorable than the rates
and terms that a charter school could receive without assistance from
the eligible entity under this section. (ESEA section 4304(d)(2)(D)).
(e) A description of how the eligible entity possesses sufficient
expertise in education to evaluate the likelihood of success of a
charter school program for which facilities financing is sought. (ESEA
section 4304(d)(2)(E)).
(f) In the case of an application submitted by a State governmental
entity, a description of the actions that the eligible entity has
taken, or will take, to ensure that charter schools within the State
receive the funding that charter schools need to have adequate
facilities. (ESEA section 4304(d)(2)(F)).
(g) In the case of applicants applying as a consortium, applicants
must also
[[Page 26097]]
submit consortium agreements as part of their application package.
These applicants must either designate one member of the group to apply
for the grant or establish a separate legal entity to apply for the
grant. All members of the consortium must then enter into an agreement
that details the activities that each member of the group plans to
perform and that binds each member to the application statements and
assurances. This consortium agreement must be submitted as part of the
consortium's application. The Department's administrative regulations
at 34 CFR 75.127-129 provide more details about the requirements that
govern group/consortium applications.
3. Submission of Proprietary Information: Given the types of
projects that may be proposed in applications for the Credit
Enhancement program, your application may include business information
that you consider proprietary. In 34 CFR 5.11, we define ``business
information'' and describe the process we use in determining whether
any of that information is proprietary and, thus, protected from
disclosure under Exemption 4 of the Freedom of Information Act (5
U.S.C. 552, as amended).
Because we plan to make successful applications available to the
public, you may wish to request confidentiality of business
information.
Consistent with Executive Order 12600, please designate in your
application any information that you feel is exempt from disclosure
under Exemption 4. In the appropriate Appendix section of your
application, under ``Other Attachments Form,'' please list the page
number or numbers on which we can find this information. For additional
information please see 34 CFR 5.11(c).
4. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this competition.
5. Funding Restrictions:
(a) Reserve accounts. An eligible entity receiving a grant must, in
accordance with State and local law, directly or indirectly, alone or
in collaboration with others, deposit the funds received, other than
funds used for administrative costs, in a reserve account established
and maintained by the eligible entity. Amounts deposited in such
account must be used by the eligible entity for one or more of the
following purposes:
(1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences
of debt, loans, and interests therein.
(2) Guaranteeing and insuring leases of personal and real property.
(3) Facilitating financing by identifying potential lending
sources, encouraging private lending, and other similar activities that
directly promote lending to, or for the benefit of, charter schools.
(4) Facilitating the issuance of bonds by charter schools, or by
other public entities for the benefit of charter schools, by providing
technical, administrative, and other appropriate assistance (including
the recruitment of bond counsel, underwriters, and potential investors
and the consolidation of multiple charter school projects within a
single bond issue).
Funds received and deposited in the reserve account must be
invested in obligations issued or guaranteed by the United States or a
State, or in other similarly low-risk securities. Any earnings on funds
received must be deposited in the reserve account and used in
accordance with this program. ESEA Section 4304(f)
(b) Charter school objectives. An eligible entity receiving a grant
must use the funds deposited in the reserve account to assist one or
more charter schools to access private-sector capital to accomplish one
or more of the following objectives:
(1) The acquisition (by purchase, lease, donation, or otherwise) of
an interest (including an interest held by a third party for the
benefit of a charter school) in improved or unimproved real property
that is necessary to commence or continue the operation of a charter
school.
(2) The construction of new facilities, or the renovation, repair,
or alteration of existing facilities, necessary to commence or continue
the operation of a charter school.
(3) The predevelopment costs required to assess sites for purposes
of paragraph (1) or (2) and that are necessary to commence or continue
the operation of a charter school. ESEA Section 4304(e)
(c) Other. Grantees must ensure that all costs incurred using funds
from the reserve account are reasonable. Under 20 U.S.C. 7221c(g), an
eligible entity may use not more than 2.5 percent of the funds received
under this grant for the administrative costs of carrying out its
project responsibilities.
We specify unallowable costs in 34 CFR 225.21.
The full faith and credit of the United States are not pledged to
the payment of funds under such obligation. In the event of a default
on any debt or other obligation, the United States has no liability to
cover the cost of the default.
Applicants that are selected to receive an award must enter into a
written Performance Agreement with the Department prior to drawing down
funds, unless the grantee receives written permission from the
Department in the interim to draw down a specific limited amount of
funds. Grantees must maintain and enforce standards of conduct
governing the performance of their employees, officers, directors,
trustees, and agents engaged in the selection, award, and
administration of contracts or agreements related to this grant. The
standards of conduct must mandate disinterested decision-making. The
Secretary, in accordance with chapter 37 of title 31 of the United
States Code, will collect all or a portion of the funds in the reserve
account established with grant funds (including any earnings on those
funds) if the Secretary determines that: (1) The grantee has
permanently ceased to use such funds to accomplish the purposes
described in the authorizing statute and the Performance Agreement; or
(2) not earlier than two years after the date on which it first
receives these funds, the grantee has failed to make substantial
progress in undertaking the grant project.
6. Recommended Page Limit: The application narrative is where you,
the applicant, address the selection criteria that reviewers use to
evaluate your application. We recommend that you (1) limit the
application narrative to 40 pages and (2) use the following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
Furthermore, applicants are strongly encouraged to include a table
of contents that specifies where each required part of the application
is located.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 225.11. The Secretary awards up to
[[Page 26098]]
100 points for addressing these criteria. The maximum possible score
for addressing each criterion is indicated in parentheses. We encourage
applicants to make explicit connections to the selection criteria and
factors in their applications.
The Secretary uses the following criteria to evaluate an
application for a Credit Enhancement grant:
(a) Quality of project design and significance (35 points):
In determining the quality of project design and significance, the
Secretary considers--
(1) The extent to which the grant proposal would provide financing
to charter schools at better rates and terms than they can receive
absent assistance through the program;
(2) The extent to which the project goals, objectives, and timeline
are clearly specified, measurable, and appropriate for the purpose of
the program;
(3) The extent to which the project implementation plan and
activities, including the partnerships established, are likely to
achieve measurable objectives that further the purposes of the program;
(4) The extent to which the project is likely to produce results
that are replicable;
(5) The extent to which the project will use appropriate criteria
for selecting charter schools for assistance and for determining the
type and amount of assistance to be given;
(6) The extent to which the proposed activities will leverage
private or public-sector funding and increase the number and variety of
charter schools assisted in meeting their facilities needs more than
would be accomplished absent the program;
(7) The extent to which the project will serve charter schools in
States with strong charter laws, consistent with the criteria for such
laws in section 4303(g)(2) of the ESEA; and
(8) The extent to which the requested grant amount and the project
costs are reasonable in relation to the objectives, design, and
potential significance of the project.
(b) Quality of project services (15 points):
In determining the quality of the project services, the Secretary
considers--
(1) The extent to which the services to be provided by the project
reflect the identified needs of the charter schools to be served;
(2) The extent to which charter schools and chartering agencies
were involved in the design of, and demonstrate support for, the
project;
(3) The extent to which the technical assistance and other services
to be provided by the proposed grant project involve the use of cost-
effective strategies for increasing charter schools' access to
facilities financing, including the reasonableness of fees and lending
terms; and
(4) The extent to which the services to be provided by the proposed
grant project are focused on assisting charter schools with a
likelihood of success and the greatest demonstrated need for assistance
under the program.
(c) Capacity (35 points):
In determining an applicant's business and organizational capacity
to carry out the project, the Secretary considers--
(1) The amount and quality of experience of the applicant in
carrying out the activities it proposes to undertake in its
application, such as enhancing the credit on debt issuances,
guaranteeing leases, and facilitating financing;
(2) The applicant's financial stability;
(3) The ability of the applicant to protect against unwarranted
risk in its loan underwriting, portfolio monitoring, and financial
management;
(4) The applicant's expertise in education to evaluate the
likelihood of success of a charter school;
(5) The ability of the applicant to prevent conflicts of interest,
including conflicts of interest by employees and members of the board
of directors in a decision-making role;
(6) If the applicant has co-applicants (consortium members),
partners, or other grant project participants, the specific resources
to be contributed by each co-applicant (consortium member), partner, or
other grant project participant to the implementation and success of
the grant project;
(7) For State governmental entities, the extent to which steps have
been or will be taken to ensure that charter schools within the State
receive the funding needed to obtain adequate facilities; and
(8) For previous grantees under the charter school facilities
programs, their performance in implementing these grants.
(d) Quality of project personnel (15 points):
In determining the quality of project personnel, the Secretary
considers--
(1) The qualifications of project personnel, including relevant
training and experience, of the project manager and other members of
the project team, including consultants or subcontractors; and
(2) The staffing plan for the grant project.
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.205, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
3474.10, the Secretary may impose specific conditions and, in
appropriate circumstances, high-risk conditions on a grant if the
applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII,
[[Page 26099]]
require you to report certain integrity information to FAPIIS
semiannually. Please review the requirements in 2 CFR part 200,
Appendix XII, if this grant plus all the other Federal funds you
receive exceed $10,000,000.
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20(c).
4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
(b) If you receive a grant under this competition, you must submit
an annual report that complies with the reporting requirements for
Credit Enhancement grantees in section 4304(h)(2) of the ESEA and the
performance and financial expenditure reporting requirements in 34 CFR
75.720. At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
5. Performance Measures:
(a) Program Performance Measures. The performance measures for this
program are: (1) The amount of funding grantees leverage for charter
schools to acquire, construct, and renovate school facilities; and (2)
the number of charter schools served. Grantees must provide information
that is responsive to these measures as part of their annual
performance reports.
(b) Project-Specific Performance Measures. Applicants must propose
project-specific performance measures and performance targets
consistent with the objectives of the project and program. Applicants
must provide the following information as directed under 34 CFR
75.110(b):
(1) Project Performance Measures. How each proposed project-
specific performance measure would accurately measure the performance
of the project and how the proposed project-specific performance
measure would be consistent with the performance measures established
for the program funding the competition.
(2) Project Performance Targets. Why each proposed performance
target is ambitious yet achievable compared to the baseline for the
performance measure and when, during the project period, the applicant
would meet the performance target(s).
Note: The Secretary encourages applicants to consider measures and
targets tied to their grant activities during the grant period. For
instance, if an applicant is using eligibility for free and reduced-
price lunch to measure the number of low-income families served by the
project, the applicant could provide a percentage for students
qualifying for free and reduced-price lunch. If an applicant is
targeting services to a Qualified Opportunity Zone, the applicant could
provide the census tract number of the Qualified Opportunity Zone(s) in
which it proposes to provide services. The measures should be
sufficient to gauge the progress throughout the grant period, and show
results by the end of the grant period.
(3) Data Collection and Reporting. (i) The data collection and
reporting methods the applicant would use and why those methods are
likely to yield reliable, valid, and meaningful performance data; and
(ii) The applicant's capacity to collect and report reliable,
valid, and meaningful performance data, as evidenced by high-quality
data collection, analysis, and reporting in other projects or research.
Note: If applicants do not have experience with collection and
reporting of performance data through other projects or research, they
should provide other evidence of their capacity to successfully carry
out data collection and reporting for their proposed project.
VII. Other Information
Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or compact disc) on request to
the program contact person listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: May 30, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-11725 Filed 6-4-19; 8:45 am]
BILLING CODE 4000-01-P