Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-Quality Charter Schools, 31852-31862 [2019-14267]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31852-31862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14267]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--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: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2019 for 
CSP--Grants to Charter School Developers for the Opening of New Charter 
Schools and for the Replication and Expansion of High-Quality Charter 
Schools, Catalog of Federal Domestic Assistance (CFDA) numbers 84.282B 
and 84.282E, respectively.

DATES: 
    Applications Available: July 3, 2019.
    Date of Pre-Application Webinar: Monday, July 8, 2019, 12:30 p.m., 
Eastern Time.
    Deadline for Transmittal of Applications: August 2, 2019.
    Deadline for Intergovernmental Review: August 2, 2019.
    Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar for prospective applicants on 
Monday, July 8, 2019, 12:30 p.m., Eastern Time. Individuals interested 
in attending this meeting are encouraged to pre-register by emailing 
their name, organization, and contact information with the subject 
heading ``DEVELOPER GRANTS PRE-APPLICATION MEETING'' to 
[email protected]. There is no registration fee for attending this 
meeting.

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: Hans Neseth, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E215, Washington, DC 20202-
5970. Telephone: (202) 401-4125. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The major purposes of the CSP are to expand 
opportunities for all students, particularly traditionally underserved 
students, to attend charter schools \1\ 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.
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    \1\ Italicized terms are defined in the Definitions section of 
this notice.
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    Through CSP Grants to Charter School Developers for the Opening of 
New Charter Schools and for the Replication and Expansion of High-
Quality Charter Schools (CFDA numbers 84.282B and 84.282E, 
respectively) (also referred to as Developer Grants), the Department 
provides funds to charter school developers on a competitive basis to 
enable them to open new charter schools (CFDA number 84.282B) or 
replicate or expand high-quality charter schools (CFDA number 84.282E). 
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 Elementary and Secondary 
Education Act of 1965 (ESEA), as amended by the Every Student Succeeds 
Act (ESSA).\2\ Eligibility in a State with a CSP State Educational 
Agency (SEA) grant under the ESEA, as amended by the No Child Left 
Behind Act of 2001 (NCLB) (CFDA number 84.282A), is limited to charter 
school developers applying for grants for the replication and expansion 
of high-quality charter schools (CFDA number 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. Charter schools that receive financial assistance through 
Developer Grants provide programs of elementary or secondary education, 
or both, and may also serve students in early childhood education 
programs or postsecondary students.
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    \2\ All references to the ESEA in this notice are to the ESEA, 
as amended by the ESSA, unless otherwise noted.
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    Background: This notice invites applications from eligible 
applicants for two types of grants: (1) Grants to Charter School 
Developers for the Opening of New Charter Schools (CFDA number 84.282B) 
and (2) Grants to Charter School Developers for the Replication and 
Expansion of High-Quality Charter Schools (CFDA number 84.282E). Under 
this competition, each CFDA number, 84.282B and 84.282E, constitutes 
its own funding category. The Secretary intends to award grants under 
each CFDA number for applications that are sufficiently high quality. 
Information

[[Page 31853]]

pertaining to each type of grant is provided in subsequent sections of 
this notice.
    We have published elsewhere in this issue of the Federal Register a 
notice of final priorities, requirements, definitions, and selection 
criteria (NFP) for use in this and future Developer Grant competitions. 
The NFP aligns with the ESEA and clarifies key statutory provisions.
    Eligible applicants are those that are qualified based on the 
requirements set forth in this notice. For more information on 
eligibility, please see section III.1. of this notice.
    All charter schools receiving CSP funds must meet the definition of 
a charter school in section 4310(2) of the ESEA, including the 
requirements that a charter school comply with non-discrimination and 
privacy laws, including the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990, section 444 of the General Education 
Provisions Act (GEPA), part B of the Individuals with Disabilities 
Education Act (IDEA) (i.e., rights afforded to children with 
disabilities and their parents), and applicable State laws.
    This notice includes a competitive preference priority for 
developers seeking to open a new charter school or replicate or expand 
a high-quality charter school within a qualified opportunity zone, as 
well as an invitational priority for applicants receiving financial 
assistance from a qualified opportunity fund for the purpose of 
acquiring or constructing school facilities or other property. 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 these priorities, the 
Administration seeks to harness the power of opportunity zones to help 
increase the educational choices available to students in these 
communities.
    Priorities: This notice includes one absolute priority, four 
competitive preference priorities, and one invitational priority. The 
Absolute Priority and Competitive Preference Priorities 1-3 are from 
the NFP for this program published elsewhere in this issue of the 
Federal Register. Competitive Preference Priority 4 is from 34 CFR 
75.225.
    Absolute 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 an Absolute Priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet the priority.
    Each subpart of this Absolute Priority constitutes its own funding 
category. Applicants must clearly indicate under which subpart of the 
Absolute Priority they are applying. The Secretary intends to award 
grants under both subparts of the Absolute Priority, provided that 
applications of sufficiently high quality are submitted.
    The priority is:
    Rural Community.
    Under this priority, applicants must propose to open a new charter 
school or to replicate or expand a high-quality charter school in one 
of the following:
    (a) A rural community.
    (b) A community that is not a rural community.
    Competitive Preference 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 competitive preference 
priorities.
    For CFDA number 84.282B, under 34 CFR 75.105(c)(2)(i), we will 
award an additional 10 points to an application that meets Competitive 
Preference Priority 1; up to an additional 10 points to an application, 
depending on how well the application meets Competitive Preference 
Priority 2; and an additional 10 points to an application that meets 
Competitive Preference Priority 4. The maximum number of competitive 
preference priority points an application for CFDA number 84.282B can 
receive under these priorities is 30.
    For CFDA number 84.282E, under 34 CFR 75.105(c)(2)(i), we award an 
additional 10 points to an application that meets Competitive 
Preference Priority 1; up to an additional 10 points to an application, 
depending on how well the application meets Competitive Preference 
Priority 2; and an additional 10 points to an application that meets 
Competitive Preference Priority 3. The maximum number of competitive 
preference priority points an application for CFDA number 84.282E can 
receive under these priorities is 30.
    These priorities are:
    Competitive Preference Priority 1--Spurring Investment in 
Opportunity Zones. (0 or 10 points under CFDA numbers 84.282B and 
84.282E)
    Under this priority, an applicant must 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).
    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.
    Competitive Preference Priority 2--Opening a New Charter School or 
Replicating or Expanding a High-quality Charter School To Serve Native 
American Students. (Up to 10 points under CFDA numbers 84.282B and 
84.282E)
    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.
    Competitive Preference Priority 3--Single School Operators. (0 or 
10 points under CFDA number 84.282E)

[[Page 31854]]

    Under this priority, applicants must provide evidence that the 
applicant currently operates one, and only one, charter school.
    Competitive Preference Priority 4--Novice Applicants. (0 or 10 
points under CFDA number 84.282B)
    This priority is for applications submitted by novice applicants. 
(34 CFR 75.225)
    Invitational Priority: This priority is an invitational priority. 
Under 34 CFR 75.105(c)(1), we do not give an application that meets 
this invitational priority any preference over other applications.
    This priority is:
    Opportunity Funds.
    This priority is for applicants that have received or will receive 
an investment 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 this priority, an applicant must identify the 
qualified opportunity fund from which it has received or will receive 
financial assistance.
    Definitions: The following definitions are from sections 4310 and 
8101 of the ESEA, section 602 of the IDEA, 34 CFR 75.225 and 77.1, and 
the NFP.
    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. (NFP)
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant, or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure. (34 CFR 77.1)
    Authorized public chartering agency means a State educational 
agency, local educational agency, or other public entity that has the 
authority pursuant to State law and approved by the Secretary to 
authorize or approve a charter school. (Section 4310(1) of the ESEA)
    Baseline means the starting point from which performance is 
measured and targets are set. (34 CFR 77.1)
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight. (Section 4310(3) of the ESEA)
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements of this definition;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with the Age Discrimination Act of 1975, title VI of 
the Civil Rights Act of 1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA 
(20 U.S.C. 1232g) (commonly referred to as the ``Family Educational 
Rights and Privacy Act of 1974''), and part B of the IDEA;
    (h) Is a school to which parents choose to send their children, and 
that--
    (1) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or
    (2) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in clause (1);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    Child with a disability means--
    (i) In general--
    The term ``child with a disability'' means a child--
    (A) With intellectual disabilities, hearing impairments (including 
deafness), speech or language impairments, visual impairments 
(including blindness), serious emotional disturbance (referred to in 
this chapter as ``emotional disturbance''), orthopedic impairments, 
autism, traumatic brain injury, other health impairments, or specific 
learning disabilities; and
    (B) Who, by reason thereof, needs special education and related 
services.
    (ii) Child aged 3 through 9--
    The term ``child with a disability'' for a child aged 3 through 9 
(or any subset of that age range, including ages 3 through 5), may, at 
the discretion of the State and the local educational agency, include a 
child--
    (A) Experiencing developmental delays, as defined by the State and 
as measured by appropriate diagnostic instruments and procedures, in 1 
or more of the following areas: Physical development; cognitive 
development; communication development; social or

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emotional development; or adaptive development; and
    (B) Who, by reason thereof, needs special education and related 
services. (Section 8101(4) of the ESEA and section 602 of the IDEA)
    Developer means an individual or group of individuals (including a 
public or private nonprofit organization), which may include teachers, 
administrators and other school staff, parents, or other members of the 
local community in which a charter school project will be carried out. 
(Section 4310(5) of the ESEA)
    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. (NFP)
    English learner, when used with respect to an individual, means an 
individual--
    (a) Who is aged 3 through 21;
    (b) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (c)(1) Who was not born in the United States or whose native 
language is a language other than English;
    (2)(i) Who is a Native American or Alaska Native, or a native 
resident of the outlying areas; and
    (ii) Who comes from an environment where a language other than 
English has had a significant impact on the individual's level of 
English language proficiency; or
    (3) Who is migratory, whose native language is a language other 
than English, and who comes from an environment where a language other 
than English is dominant; and
    (d) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (1) The ability to meet the challenging State academic standards;
    (2) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (3) The opportunity to participate fully in society. (Section 
8101(20) of the ESEA)
    Expand, when used with respect to a high-quality charter school, 
means to significantly increase enrollment or add one or more grades to 
the high-quality charter school. (Section 4310(7) of the ESEA)
    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. (NFP)
    High-quality charter school means a charter school that--
    (a) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (b) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (c) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (d) Has demonstrated success in increasing student academic 
achievement, including graduation rates where applicable, for each of 
the subgroups of students, as defined in section 1111(c)(2) of the 
ESEA, except that such demonstration is not required in a case in which 
the number of students in a group is insufficient to yield 
statistically reliable information or the results would reveal 
personally identifiable information about an individual student. 
(Section 4310(8) of the ESEA)
    Indian Tribe means a federally-recognized or a State-recognized 
Tribe. (NFP)
    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. (NFP)
    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 2-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. 
(NFP)
    Logic model (also referred to as theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes. (34 CFR 77.1)
    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. (NFP)
    Native American language means the historical, traditional 
languages spoken by Native Americans. (NFP)
    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

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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. (NFP)
    Novice applicant means--
    (a) Any applicant for a grant from the Department that--
    (i) Has never received a grant or subgrant under the program from 
which it seeks funding;
    (ii) Has never been a member of a group application, submitted in 
accordance with 34 CFR 75.127-75.129, that received a grant under the 
program from which it seeks funding; and
    (iii) Has not had an active discretionary grant from the Federal 
Government in the five years before the deadline date for applications 
for new awards under the program.
    (b) In the case of a group application submitted in accordance with 
Sec. Sec.  75.127-75.129, a group that includes only parties that meet 
the requirements of paragraph (a) of this definition.
    (c) For the purposes of paragraph (a) of this definition, a grant 
is active until the end of the grant's project or funding period, 
including any extensions of those periods that extend the grantee's 
authority to obligate funds. (34 CFR 75.225)
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance. (34 CFR 77.1)
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project. (34 CFR 77.1)
    Replicate, when used with respect to a high-quality charter school, 
means to open a new charter school, or a new campus of a high-quality 
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional 
charter, if permitted or required by State law. (Section 4310(9) of the 
ESEA)
    Rural community is a community served by one or more local 
educational agencies (LEAs) (a) with a locale code of 32, 33, 41, 42, 
or 43; or (b) that include a majority of schools with a locale code of 
32, 33, 41, 42, or 43. Applicants are encouraged to retrieve locale 
codes from the National Center for Education Statistics School District 
search tool (https://nces.ed.gov/ccd/districtsearch/), where LEAs can 
be looked up individually to retrieve locale codes, and Public School 
search tool (https://nces.ed.gov/ccd/schoolsearch/), where individual 
schools can be looked up to retrieve locale codes. (NFP)
    Application Requirements: Applications for CSP Developer Grant 
funds must address the following application requirements. These 
requirements are from the NFP and section 4303(f) \3\ of the ESEA. The 
source of each requirement is provided in parentheses following each 
requirement. Except as otherwise provided, an applicant may choose to 
respond to each requirement separately or in the context of the 
applicant's responses to the selection criteria in section V.1 of this 
notice.
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    \3\ Per section 4305(c) of the ESEA, Developer Grants shall have 
the same terms and conditions as grants awarded to State entities 
under section 4303. For clarity, with respect to requirements that 
derive from section 4303 the Department has, as applicable, omitted 
the term ``State entity'' or replaced it with ``eligible 
applicant.'' In addition, the Department has replaced ``State 
entity's program'' and ``subgrant,'' respectively, with ``program'' 
and ``grant.''
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    Grants to Charter School Developers 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).
    Applicants for grants under CFDA number 84.282B or 84.282E must 
address the following application requirements. An applicant must 
respond to the requirements in paragraph (a) in a stand-alone section 
of the application or in an appendix.
    (a) Describe the eligible applicant's objectives in running a 
quality charter school program and how the program will be carried out, 
including--
    (1) A description of how the eligible applicant will ensure that 
charter schools receiving funds under this program meet the educational 
needs of their students, including children with disabilities and 
English learners (Section 4303(f)(1)(A)(x) of the ESEA);
    (2) A description of the roles and responsibilities of eligible 
applicants, partner organizations, and charter management 
organizations, including the administrative and contractual roles and 
responsibilities of such partners (Section 4303(f)(1)(C)(i)(I) of the 
ESEA);
    (3) A description of the quality controls agreed to between the 
eligible applicant and the authorized public chartering agency 
involved, such as a contract or performance agreement, how a school's 
performance in the State's accountability system and impact on student 
achievement (which may include student academic growth) will be one of 
the most important factors for renewal or revocation of the school's 
charter, and how the authorized public chartering agency involved will 
reserve the right to revoke or not renew a school's charter based on 
financial, structural, or operational factors involving the management 
of the school (Section 4303(f)(1)(C)(i)(II) of the ESEA);
    (4) A description of how the autonomy and flexibility granted to a 
charter school is consistent with the definition of a charter school in 
section 4310 of the ESEA (Section 4303(f)(1)(C)(i)(III) of the ESEA);
    (5) A description of how the eligible applicant will solicit and 
consider input from parents and other members of the community on the 
implementation and operation of each charter school that will receive 
funds under the grant (Section 4303(f)(1)(C)(i)(IV) of the ESEA);
    (6) A description of the eligible applicant's planned activities 
and expenditures of grant funds to support the activities described in 
section 4303(b)(1) of the ESEA, and how the eligible applicant will 
maintain financial sustainability after the end of the grant period 
(Section 4303(f)(1)(C)(i)(V) of the ESEA);
    (7) A description of how the eligible applicant will support the 
use of effective parent, family, and community engagement strategies to 
operate each charter school that will receive funds under the grant 
(Section 4303(f)(1)(C)(i)(VI) of the ESEA); and
    (8) A description of how the eligible applicant will ensure that 
each charter school receiving funds under this program has considered 
and planned for the transportation needs of the school's students 
(Section 4303(f)(1)(E) of the ESEA).
    (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. (NFP)
    (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. (NFP)
    (d) Describe the lottery and enrollment procedures that the 
applicant will use 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. (NFP)

[[Page 31857]]

    (e) 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. (NFP)
    (f) 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. (NFP)
    (g) If the applicant proposes to open a new charter school (CFDA 
number 84.282B) or proposes to replicate or expand a high-quality 
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 the 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. (NFP)
    (h) Provide the applicant's most recent available independently 
audited financial statements prepared in accordance with generally 
accepted accounting principles. (NFP)
    (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. (NFP)
    (j) Describe how each school that will receive funds meets the 
definition of charter school under section 4310(2) of the ESEA. (NFP)
    Grants for the Replication and Expansion of High-Quality Charter 
Schools (CFDA number 84.282E).
    In addition to the preceding application requirements, applicants 
for grants under CFDA number 84.282E must--
    (a) For each charter school currently operated or managed by the 
applicant, 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. (NFP)
    Assurances: Applicants for CSP Developer grants must provide the 
following assurances. These assurances are from section 4303(f) of the 
ESEA. The source of each assurance is provided in parentheses following 
each assurance.
    Applicants for funds under this program must provide assurances 
that--
    (a) Each charter school receiving funds through this program will 
have a high degree of autonomy over budget and operations, including 
autonomy over personnel decisions (Section 4303(f)(2)(A) of the ESEA);
    (b) The eligible applicant will support charter schools in meeting 
the educational needs of their students, as described in section 
4303(f)(1)(A)(x) of the ESEA (Section 4303(f)(2)(B) of the ESEA); and
    (c) The eligible applicant will ensure that each charter school 
receiving funds under this program makes publicly available, consistent 
with the dissemination requirements of the annual State report card 
under section 1111(h) of the ESEA, including on the website of the 
school, information to help parents make informed decisions about the 
education options available to their children, including--
    (i) Information on the educational program;
    (ii) Student support services;
    (iii) Parent contract requirements (as applicable), including any 
financial obligations or fees;
    (iv) Enrollment criteria (as applicable); and
    (v) Annual performance and enrollment data for each of the 
subgroups of students, as defined in section 1111(c)(2) of the ESEA, 
except that such disaggregation of performance and enrollment data 
shall not be required in a case in which the number of students in a 
group is insufficient to yield statically reliable information or the 
results would reveal personally identifiable information about an 
individual student. (Section 4303(f)(2)(G) of the ESEA)
    Program Authority: Title IV, part C of the ESEA, as amended.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 
86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines 
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) 
in 2 CFR part 180, as adopted and amended as regulations of the 
Department in 2 CFR part 3485. (c) The Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. 
(d) The NFP.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $14,460,000.
    Estimated Range of Awards: $150,000-$300,000 per year.
    Estimated Average Size of Awards: $300,000 per year.
    Maximum Award: See Reasonable and Necessary Costs in section III.4. 
for information regarding the maximum amount of funds that may be 
awarded per new school seat and per new school.
    Estimated Number of Awards: 25-35.

    Note:  The Department is not bound by any estimates in this 
notice. The estimated range and average size of awards are based on 
a single 12-month budget period. We may use available funds to 
support multiple 12-month budget periods for one or more grantees.

    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: Eligible applicants are developers that 
have--
    (a) Applied to an authorized public chartering authority to operate 
a charter school; and
    (b) Provided adequate and timely notice to that authority. (Section 
4310(6) of the ESEA).
    Additionally, the charter school must be located in a State with a 
State statute specifically authorizing the establishment of charter 
schools (section 4310(2) of the ESEA) and in which a State entity 
currently does not have a CSP State Entity grant (CFDA number 84.282A) 
under section 4303 of the ESEA.\4\ (Section 4305(a)(2) of the ESEA). 
Eligibility in a State with a CSP SEA grant (CFDA 84.282A) under the

[[Page 31858]]

ESEA, as amended by NCLB, is limited to grants for replication and 
expansion \5\ (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.\6\
---------------------------------------------------------------------------

    \4\ States in which a State entity currently has an approved CSP 
State Entity grant application under section 4303 of the ESEA are 
Arizona, Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland, 
Michigan, Minnesota, Mississippi, New Mexico, New York, North 
Carolina, Oklahoma, Rhode Island, Texas, and Wisconsin. We will not 
consider applications from applicants in these States under either 
CFDA 84.282B or 84.282E.
    \5\ States in which the SEA currently has an approved CSP SEA 
grant application under the ESEA, as amended by NCLB (i.e., a grant 
award made in fiscal year 2016 or earlier), include California, 
District of Columbia, Florida, Georgia, Illinois, Louisiana, 
Massachusetts, Nevada, Ohio, Oregon, South Carolina, Tennessee, and 
Washington. We will not consider applications from applicants in 
these States for grants for the opening of new charter schools 
submitted under CFDA number 84.282B.
    \6\ States in which the SEA currently has an approved CSP SEA 
grant application under the ESEA, as amended by NCLB (i.e., a grant 
award made in fiscal year 2016 or earlier) and have approved 
amendment requests that authorize the SEA to make subgrants for 
replication and expansion, include California, District of Columbia, 
Nevada, Ohio, and Oregon. We will not consider applications from 
applicants in these States under CFDA 84.282E either.
---------------------------------------------------------------------------

    As a general matter, the Secretary considers charter schools that 
have been in operation for more than five years to be past the initial 
implementation phase and, therefore, ineligible to receive CSP funds 
under CFDA number 84.282B to support the opening of a new charter 
school or under CFDA number 84.282E for the replication of a high-
quality charter school; however, such schools may receive CSP funds 
under CFDA number 84.282E for the expansion of a high-quality charter 
school.

    Note:  If an applicant has applied to an authorized public 
chartering agency to operate a new school and has not yet been 
approved, it should include information in its application 
addressing the plan and timeline to receive notification from the 
authorizer on the final decision. Additionally, an applicant should 
delineate any costs in its proposed budget that are projected to be 
incurred prior to the date the applicant's charter school 
application is approved by the authorized public chartering agency.

    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. Reasonable and Necessary Costs: The Secretary may elect to 
impose maximum limits on the amount of grant funds that may be awarded 
for a new charter school, or replicated, or expanded, high-quality 
charter school.
    For this competition, the maximum limit of grant funds that may be 
awarded for a new, replicated, or expanded charter school is 
$1,500,000.
    In accordance with 2 CFR 200.404, applicants must ensure that all 
costs included in the proposed budget are reasonable and necessary in 
light of the goals and objectives of the proposed project. Any costs 
determined by the Secretary to be unreasonable or unnecessary will be 
removed from the final approved budget.
    A charter school that previously has received CSP funds for 
replication or expansion or for planning or initial implementation of a 
charter school under CFDA number 84.282A or 84.282M (under the ESEA) 
may not use funds under this grant for the same purpose. However, such 
charter school may be eligible to receive funds under this competition 
to expand the charter school beyond the existing grade levels or 
student count. Likewise, a charter school that receives funds under 
this competition is ineligible to receive funds for the same purpose 
under section 4303(b)(1) or 4305(b) of the ESEA, including opening and 
preparing for the operation of a new charter school, opening and 
preparing for the operation of a replicated high-quality charter 
school, or expanding a high-quality charter school (i.e., CFDA number 
84.282A or 84.282M).

IV. Application and Submission Information

    1. Application Submission Instructions: For information on how to 
submit an application please refer to our Common Instructions for 
Applicants to Department of Education Discretionary Grant Programs, 
published in the Federal Register on February 13, 2019 (84 FR 3768) and 
available at www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which contain requirements and information on how to submit 
an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for this competition, an 
application may include business information that the applicant 
considers 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 of the Freedom of Information Act. In the appropriate 
Appendix section of your application, under ``Other Attachments Form,'' 
please list the page number or numbers on which we can find this 
information. For additional information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this program. 
Please note that, under 34 CFR 79.8(a), we have shortened the standard 
60-day intergovernmental review period in order to make awards by the 
end of FY 2019.
    4. Funding Restrictions: Grantees must use the grant funds to open 
and prepare for the operation of a new charter school; to open and 
prepare for the operation of a replicated high-quality charter school; 
or to expand a high-quality charter school, as applicable. Grant funds 
must be used to carry out allowable activities, described in section 
4303(h) of the ESEA, which include the following:
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying costs 
associated with--
    (1) Providing professional development; and
    (2) Hiring and compensating, during the eligible applicant's 
planning period specified in the application for funds, one or more of 
the following:
    (i) Teachers.
    (ii) School leaders.
    (iii) Specialized instructional support personnel.
    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including developing and acquiring 
instructional materials).
    (c) Carrying out necessary renovations to ensure that a new school 
building complies with applicable statutes and regulations, and minor 
facilities repairs (excluding construction).
    (d) Providing one-time, startup costs associated with providing 
transportation to students to and from the charter school.
    (e) Carrying out community engagement activities, which may include 
paying the cost of student and staff recruitment.
    (f) Providing for other appropriate, non-sustained costs related to 
the opening of new charter schools, or the replication or expansion of 
high-quality charter schools, as applicable, when

[[Page 31859]]

such costs cannot be met from other sources.
    A grant awarded by the Secretary under this competition may be for 
a period of not more than five years, of which the grantee may use not 
more than 18 months for planning and program design. (Section 
4303(d)(1)(B) of the ESEA). Applicants may propose to support only one 
charter school per grant application.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section in this notice.
    5. Recommended Page Limit: The application narrative (Part III of 
the application) is where you, the applicant, address the selection 
criteria that reviewers use to evaluate your application. We recommend 
that you (1) limit the narrative to no more than 50 pages, and (2) use 
the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to Part I, the cover 
sheet; Part II, the budget section, including the narrative budget 
justification; Part IV, the assurances and certifications; or the one-
page abstract, the resumes, the bibliography, or the letters of 
support. However, the recommended page limit does apply to all of the 
application narrative.

V. Application Review Information

    1. Selection Criteria. The selection criteria for applicants 
submitting applications under CFDA numbers 84.282B and 84.282E are 
listed in paragraphs (a) and (b) of this section, respectively. These 
selection criteria are from the NFP and 34 CFR 75.210. The maximum 
possible score for addressing all of the criteria in each section is 
100 points. The maximum possible score for addressing each criterion is 
indicated in parentheses following the criterion.
    In evaluating an application for a Developer Grant, the Secretary 
considers the following criteria:
    (a) Selection Criteria for Grants for the Opening of New Charter 
Schools (CFDA number 84.282B).
    (1) Significance of contribution in assisting educationally 
disadvantaged students (up to 15 points).
    The Secretary considers the significance of contribution in 
assisting educationally disadvantaged students for the proposed 
project. 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. (NFP)
    (2) Quality of the project design (up to 30 points).
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable; 
and
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs. (34 CFR 75.210(c)(1) and 
(c)(2)(i) and (ii))
    (3) Quality of project personnel (up to 20 points).
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the Secretary considers:
    (i) The extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 2 points); and
    (ii) The qualifications, including relevant training and 
experience, of key project personnel (up to 18 points). (34 CFR 
75.210(e)(1), (e)(2), and (e)(3)(ii))
    (4) Quality of the management plan (up to 20 points).
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the applicant's 
management plan, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 15 points);
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 3 points); and
    (iii) How the applicant will ensure that a diversity of 
perspectives are brought to bear in the operation of the proposed 
project, including those of parents, teachers, the business community, 
a variety of disciplinary and professional fields, recipients or 
beneficiaries of services, or others, as appropriate (up to 2 points). 
(34 CFR 75.210(g)(1), and (g)(2)(i) and (g)(2)(iv)-(v))
    (5) Quality of the continuation plan (up to 15 points).
    The Secretary considers the quality of the continuation plan for 
the proposed project. 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. (NFP)
    (b) Selection Criteria for Replication and Expansion Grants (CFDA 
number 84.282E).
    (1) Quality of the eligible applicant (up to 30 points).
    The Secretary considers the quality of the eligible applicant for 
the proposed project. In determining the quality of the eligible 
applicant, the Secretary considers the following factors:
    (i) 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 (up to 10 points);
    (ii) 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

[[Page 31860]]

with statutory or regulatory requirements; or have had their 
affiliation with the applicant revoked or terminated, including through 
voluntary disaffiliation (up to 5 points);
    (iii) 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 (up to 
10 points); and
    (iv) 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 (up to 5 points). (NFP)
    (2) Significance of contribution in assisting educationally 
disadvantaged students (up to 15 points).
    The Secretary considers the significance of the contribution in 
assisting educationally disadvantaged students for the proposed 
project. 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. (NFP)
    (3) Quality of the project design (up to 25 points).
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable; 
and
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs. (34 CFR 75.210(c)(1) and 
(c)(2)(i) and (ii))
    (4) Quality of project personnel (up to 10 points).
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the Secretary considers:
    (i) The extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 2 points); and
    (ii) The qualifications, including relevant training and 
experience, of key project personnel (up to 8 points). (34 CFR 
75.210(e)(1),(e)(2), and (e)(3)(ii))
    (5) Quality of the management plan (up to 10 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the applicant's 
management plan, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 6 points);
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 2 points); and
    (iii) How the applicant will ensure that a diversity of 
perspectives are brought to bear in the operation of the proposed 
project, including those of parents, teachers, the business community, 
a variety of disciplinary and professional fields, recipients or 
beneficiaries of services, or others, as appropriate (up to 2 points). 
(34 CFR 75.210(g)(1) and (g)(2)(i) and (g)(2)(iv)-(v))
    (6) Quality of the continuation plan (up to 10 points).
    The Secretary considers the quality of the continuation plan for 
the proposed project. 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. (NFP)
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications under 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 (referred to as the Federal 
Awardee Performance and Integrity Information System (FAPIIS)), 
accessible through the System for Award Management. You may review and 
comment on any information about yourself that a Federal agency 
previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all 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

[[Page 31861]]

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.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    5. Performance Measures: (a) The Secretary has two performance 
indicators to measure progress toward achieving the purposes of the 
program, which are discussed elsewhere in this notice. The performance 
indicators are: (1) The number of charter schools in operation around 
the Nation and (2) the percentage of fourth- and eighth-grade charter 
school students who are achieving at or above the proficient level on 
State assessments in mathematics and reading/language arts. 
Additionally, the Secretary has established the following measure to 
examine the efficiency of the CSP: The Federal cost per student in 
implementing a successful school (defined as a school in operation for 
three or more consecutive years).
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project. Applications 
must provide the following information as directed under 34 CFR 
75.110(b) and (c):
    (1) Performance measures. How each proposed performance measure 
would accurately measure the performance of the project and how the 
proposed performance measure would be consistent with the performance 
measures established for the program funding the competition.
    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii) 
if the applicant has determined that there are no established baseline 
data for a particular performance measure, an explanation of why there 
is no established baseline and of how and when, during the project 
period, the applicant would establish a valid baseline for the 
performance measure.
    (3) Performance targets. Why each proposed performance target is 
ambitious yet achievable compared to the baseline for the performance 
measure and when, during the project period, the applicant would meet 
the performance target(s).
    (4) Data collection and reporting. (i) The data collection and 
reporting methods the applicant would use and why those methods are 
likely to yield reliable, valid, and meaningful performance data; and 
(ii) the applicant's capacity to collect and report reliable, valid, 
and meaningful performance data, as evidenced by high-quality data 
collection, analysis, and reporting in other projects or research.
    All grantees must submit an annual performance report with 
information that is responsive to these performance measures.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things, whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).
    7. Project Director's Meeting: Applicants approved for funding 
under this competition must attend a two-day meeting for project 
directors at a location to be determined in the continental United 
States during each year of the project. Applicants may include the cost 
of attending this meeting as an administrative cost in their proposed 
budgets.

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 the 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.

[[Page 31862]]

Specifically, through the advanced search feature at this site, you can 
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    Dated: June 28, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-14267 Filed 7-2-19; 8:45 am]
 BILLING CODE 4000-01-P