Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State Entities, 4642-4651 [2020-01324]

Download as PDF 4642 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices DEPARTMENT OF EDUCATION Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)—Grants to State Entities Office of Elementary and Secondary Education, Department of Education. ACTION: Notice. AGENCY: The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2020 for CSP Grants to State Entities, Catalog of Federal Domestic Assistance (CFDA) number 84.282A. This notice relates to the approved information collection under OMB control number 1894–0006. DATES: Applications Available: January 27, 2020. Date of Pre-Application Webinar: January 30, 2020, 2:00 p.m., Eastern Time. Deadline for Transmittal of Applications: April 13, 2020. Deadline for Intergovernmental Review: June 10, 2020. 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 https:// www.govinfo.gov/content/pkg/FR-201902-13/pdf/2019-02206.pdf. FOR FURTHER INFORMATION CONTACT: Ashley Gardner, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E113, Washington, DC 20202– 5970. Telephone: (202) 453–6787. Email: charterschools@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUMMARY: SUPPLEMENTARY INFORMATION: Full Text of Announcement khammond on DSKJM1Z7X2PROD with NOTICES 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 public charter schools 1 and meet challenging State academic standards; provide financial assistance for the planning, program design, and initial implementation of 1 The statutory or regulatory definitions for italicized terms are provided in the Definitions section of this notice. VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 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. Through the CSP Grants to State Entities (CSP State Entities) competition (CFDA number 84.282A), the Department awards grants to State entities that, in turn, award subgrants to eligible applicants for the purpose of opening new charter schools and replicating and expanding high-quality charter schools. Grant funds may also be used to provide technical assistance to eligible applicants and authorized public chartering agencies in opening new charter schools and replicating and expanding high-quality charter schools; and to work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools. Background: The CSP State Entities program provides financial assistance to State entities to support charter schools that serve elementary and secondary school students in a given State. Charter schools receiving funds under the CSP State Entities program also may serve students in early childhood education programs or postsecondary students. The CSP State Entities program is authorized under Title IV, Part C of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESEA) (20 U.S.C. 7221–7221j). This notice contains information regarding eligibility, priorities, definitions, application requirements, and selection criteria under the CSP State Entities program. All charter schools receiving CSP funds must meet each element of the definition of charter school in section 4310(2) of the ESEA, including the requirement to comply 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, section 444 of the General Education Provisions Act (GEPA), and part B of the Individuals with Disabilities Education Act (IDEA). Priorities: This notice includes seven competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(iv), Competitive Preference PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Priority 1 is from the notice of final priority, published in the Federal Register on November 27, 2019 (84 FR 65300) (Opportunity Zones NFP), and Competitive Preference Priorities 2–7 are from section 4303(g)(2) of the ESEA. Competitive Preference Priorities: For FY 2020 and any subsequent year in which we make awards from the list of unfunded applications from this competition, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award: • An additional four points to an application that meets Competitive Preference Priority 1; • An additional two points to an application that meets Competitive Preference Priority 2; and • Up to an additional 16 points to an application, depending on whether and how well the application addresses Competitive Preference Priorities 3–7. An application may receive a total of up to 22 additional points under the competitive preference priorities. These priorities are: Competitive Preference Priority 1— Spurring Investment in Qualified Opportunity Zones (0 or 4 points). Under this priority, an applicant must demonstrate that the area in which the applicant proposes to provide services overlaps with a Qualified Opportunity Zone, as designated by the Secretary of the Treasury under section 1400z–1 of the Internal Revenue Code (IRC). An applicant must— (a) Provide the census tract number of the Qualified Opportunity Zone(s) in which it proposes to provide services; and (b) Describe how the applicant will provide services in the Qualified Opportunity Zone(s). Note: In responding to this priority, an applicant is encouraged to explain how it will encourage prospective subgrantees to open, replicate, or expand one or more charter schools in a Qualified Opportunity Zone and how that might align to the application requirement response for (I)(C)(i). Competitive Preference Priority 2—At Least One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals Process (0 or 2 points). To meet this priority, an applicant must demonstrate that it is located in a State that— (a) Allows at least one entity that is not a local educational agency (LEA) to be an authorized public chartering agency for developers seeking to open a charter school in the State; or (b) In the case of a State in which LEAs are the only authorized public chartering agencies, the State has an E:\FR\FM\27JAN1.SGM 27JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices appeals process for the denial of an application for a charter school. Competitive Preference Priority 3— Equitable Financing (up to 3 points). To be eligible to receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. Competitive Preference Priority 4— Charter School Facilities (up to 4 points). To be eligible to receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located provides charter schools one or more of the following: (a) Funding for facilities. (b) Assistance with facilities acquisition. (c) Access to public facilities. (d) The ability to share in bonds or mill levies. (e) The right of first refusal to purchase public school buildings. (f) Low- or no-cost leasing privileges. Competitive Preference Priority 5— Best Practices to Improve Struggling Schools and LEAs (up to 2 points). To be eligible to receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located uses best practices from charter schools to help improve struggling schools and LEAs. Competitive Preference Priority 6— Serving At-Risk Students (up to 3 points). To be eligible to receive points under this priority, an applicant must demonstrate the extent to which it supports charter schools that serve atrisk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services. Competitive Preference Priority 7— Best Practices for Charter School Authorizing (up to 4 points). To be eligible to receive points under this priority, an applicant must demonstrate the extent to which it has taken steps to ensure that all authorized public chartering agencies implement best practices for charter school authorizing. Note: For purposes of this competition, ‘‘best practices for charter school authorizing’’ includes, but is not limited to, the practices for monitoring charter schools described in Assurance (E) in paragraph (II) below. Application Requirements: These application requirements are from section 4303(f) of the ESEA (20 VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 U.S.C. 7221b(f)). The Department will reject an application that does not meet each application requirement. In responding to the application requirements, applicants must clearly identify which application requirement they are addressing. An applicant must respond to requirements (I)(A)(1), (I)(A)(7), (I)(A)(9), (I)(B)(2), and (I)(B)(3) in its response to paragraph (a)(1) of the Quality of the Project Design selection criterion; requirements (I)(A)(2), (I)(A)(13),(I)(C), (I)(E), and (I)(G) in its response to the Quality of Eligible Subgrant Applicants selection criterion; requirements (I)(A)(6) and (I)(A)(10) in its response to paragraph (c)(1) of the State Plan selection criterion; requirements (I)(A)(3), (I)(A)(4), (I)(A)(8), and (I)(A)(11) in its response to paragraph (c)(3) of the State Plan selection criterion; and requirement (I)(D) in its response to paragraph (d)(1) of the Quality of the Management Plan selection criterion. An applicant must respond to the application requirements in paragraph (I) that are not listed above in the Project Narrative. Applications for funding under the CSP State Entities program must contain the following: (I) Description of Program—A description of the State entity’s objectives in running a quality charter school program and how the objectives of the program will be carried out, including— (A) A description of how the State entity will— (1) Support the opening of charter schools through the startup of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of highquality charter schools (including the proposed number of new charter schools to be opened, high-quality charter schools to be opened as a result of the replication of a high-quality charter school, or high-quality charter schools to be expanded under the State entity’s program); (2) Inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (3) Work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools— (a) Participate in the Federal programs in which the schools and students are eligible to participate; (b) Receive the commensurate share of Federal funds the schools and students PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 4643 are eligible to receive under such programs; and (c) Meet the needs of students served under such programs, including students with disabilities 2 and English learners; (4) Ensure that authorized public chartering agencies, in collaboration with surrounding LEAs where applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality schools; (5) In the case of a State entity that is not a State educational agency (SEA)— (a) Work with the SEA and charter schools in the State to maximize charter school participation in Federal and State programs for which charter schools are eligible; and (b) Work with the SEA to operate the State entity’s program under section 4303 of the ESEA, if applicable; (6) Ensure that each eligible applicant that receives a subgrant under the State entity’s program— (a) Is using funds provided under this program for one of the activities described in section 4303(b)(1) of the ESEA; and (b) Is prepared to continue to operate charter schools funded under section 4303 of the ESEA in a manner consistent with the eligible applicant’s application for such subgrant once the subgrant funds under this program are no longer available; (7) Support— (a) Charter schools in LEAs with a significant number of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the ESEA; and (b) The use of charter schools to improve struggling schools, or to turn around struggling schools; (8) Work with charter schools on— (a) Recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educationally disadvantaged students (who include foster youth and unaccompanied homeless youth); and (b) Supporting all students once they are enrolled to promote retention, including by reducing the overuse of discipline practices that remove students from the classroom; (9) Share best and promising practices between charter schools and other public schools; (10) Ensure that charter schools receiving funds under the State entity’s 2 For purposes of this competition, ‘‘students with disabilities’’ or ‘‘student with a disability’’ has the same meaning as children with disabilities or child with a disability. E:\FR\FM\27JAN1.SGM 27JAN1 4644 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES program meet the educational needs of their students, including children with disabilities and English learners; (11) Support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in section 4303(f)(2)(E) of the ESEA; (12)(a) In the case of a State entity that is not a charter school support organization, a description of how the State entity will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, monitoring, and reapproving or revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes and regulations; and (b) In the case of a State entity that is a charter school support organization, a description of how the State entity will work with the State to support the State’s system of technical assistance and oversight, as described in paragraph (a), of the authorizing activity of authorized public chartering agencies; and (13) Work with eligible applicants receiving a subgrant under the State entity’s program to support the opening of new charter schools or charter school models described in application requirement (I)(A)(1) that are high schools; (B) A description of the extent to which the State entity— (1) Is able to meet and carry out Competitive Preference Priorities 2 through 7; 3 (2) Is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of highquality charter schools; and (3) Is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and LEAs on the sharing of best practices; 3 In accordance with 34 CFR 105(c)(2)(i), applications are not required to address competitive preference priorities but may receive additional points if they do so. However, to meet this application requirement, the State entity must describe the extent to which it is able to meet and carry out competitive preference priorities 2 through 7. If the State entity is unable to meet and carry out one or more of these competitive preference priorities, the description for that priority should state that the State entity is unable to meet or carry out the priority. VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 (C) A description of how the State entity will award subgrants, on a competitive basis, including— (1) A description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— (a) 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; (b) 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 State entity and 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; (c) A description of how the autonomy and flexibility granted to a charter school is consistent with the definition of charter school in section 4310 of the ESEA; (d) 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 State entity’s program; (e) A description of the eligible applicant’s planned activities and expenditures of subgrant funds to support opening and preparing for the operation of new charter schools, opening and preparing for the operation of replicated high-quality charter schools, or expanding high-quality charter schools, and how the eligible applicant will maintain financial sustainability after the end of the subgrant period; and (f) 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 State entity’s program; and (2) A description of how the State entity will review applications from eligible applicants; (D) In the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 part, a description of the roles and responsibilities of the partner; (E) A description of how the State entity will ensure that each charter school receiving funds under the State entity’s program has considered and planned for the transportation needs of the school’s students; (F) A description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws; and (G) A description of how the State entity will support diverse charter school models, including models that serve rural communities. (II) Assurances—Assurances that— (A) Each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; (B) The State entity will support charter schools in meeting the educational needs of their students, including children with disabilities and English learners; (C) The State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners; (D) The State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in application requirement (I)(A)(8); (E) The State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by— (1) Assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attrition; (2) Reviewing the schools’ independent, annual audits of financial statements prepared in accordance with generally accepted accounting principles and ensuring that any such audits are publically reported; and (3) Holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency E:\FR\FM\27JAN1.SGM 27JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices involved, such as renewal, non-renewal, or revocation of the school’s charter; (F) The State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and (G) The State entity will ensure that each charter school receiving funds under the State entity’s 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— (1) Information on the educational program; (2) Student support services; (3) Parent contract requirements (as applicable), including any financial obligations or fees; (4) Enrollment criteria (as applicable); and (5) 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 statistically reliable information or the results would reveal personally identifiable information about an individual student. (III) Waivers—Requests for information about waivers, including— (A) A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity’s program under section 4303 of the ESEA or, in the case of a State entity that is a charter school support organization, a description of how the State entity will work with the State to request such necessary waivers, where applicable; and (B) A description of any State or local rules, generally applicable to public schools, that will be waived or otherwise not apply to such schools. Definitions: The following definitions are from sections 4303(a), 4310, and 8101 of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); and 34 CFR 77.1. 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. VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 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 (ESEA section 4310(1)). Baseline means the starting point from which performance is measured and targets are set (34 CFR 77.1). 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 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 4645 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 (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 (ESEA section 4310(2)). Charter management organization means a nonprofit organization that operates or manages a network of charter schools linked by centralized support, operations, and oversight (ESEA section 4310(3)). Charter school support organization means a nonprofit, non-governmental entity that is not an authorized public chartering agency and provides, on a statewide basis— (a) Assistance to developers during the planning, program design, and initial implementation of a charter school; and (b) Technical assistance to operating charter schools (ESEA section 4310(4)). Child with a disability means— (a) A child (1) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to as ‘‘emotional disturbance’’), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (2) who, by reason thereof, needs special education and related services. (b) 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 LEA, include a child (1) experiencing developmental delays, as defined by the State and as E:\FR\FM\27JAN1.SGM 27JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 4646 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and (2) who, by reason thereof, needs special education and related services (ESEA section 8101(4)). Demonstrates a rationale means a key project component included in the project’s logic model is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes (34 CFR 77.1). 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 (ESEA section 4310(5)). Early childhood education program means (a) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (b) a State licensed or regulated child care program; or (c) a program that (1) serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and (2) is (i) a State prekindergarten program; (ii) a program authorized under section 619 or part C of the IDEA; or (iii) a program operated by an LEA (ESEA section 8101(16)). Eligible applicant means a developer that has— (a) Applied to an authorized public chartering authority to operate a charter school; and (b) Provided adequate and timely notice to that authority (ESEA section 4310(6)). 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 VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 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 (ESEA section 8101(20)). 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 (ESEA section 4310(7)). 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 (ESEA section 4310(8)). 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). Parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 who is legally responsible for the child’s welfare) (ESEA section 8101(38)). 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). Project component means an activity, strategy, intervention, process, product, practice, or policy included in a project. Evidence may pertain to an individual project component or to a combination of project components (e.g., training teachers on instructional practices for English learners and follow-on coaching for these teachers) (34 CFR 77.1). Relevant outcome means the student outcome(s) or other outcome(s) the key project component is designed to improve, consistent with the specific goals of the program (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 (ESEA section 4310(9)). State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas (ESEA section 8101(48)). State educational agency means the agency primarily responsible for the State supervision of public elementary schools and secondary schools (ESEA section 8101(49)). State entity means— (a) A State educational agency; (b) A State charter school board; (c) A Governor of a State; or (d) A charter school support organization (ESEA section 4303(a)). Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221–7221j). Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices the Department in 2 CFR part 3474. (d) The Opportunity Zones NFP. khammond on DSKJM1Z7X2PROD with NOTICES II. Award Information Type of Award: Discretionary grant. Estimated Available Funds: $82,000,000. 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: $2,000,000 to $25,000,000 per year. Estimated Average Size of Awards: $10,000,000 per year. Maximum Award: See section III.4(a) of this notice, Reasonable and Necessary Costs, for information regarding the maximum amount of funds that State Entities may award for each charter school receiving subgrant funds. Estimated Number of Awards: 3–6. 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 FY 2020 funds to support multiple 12-month budget periods for one or more grantees. Project Period: Up to 60 months. III. Eligibility Information 1. Eligible Entities: State entities in States with a specific State statute authorizing the granting of charters to schools. Under section 4303(e)(1) of the ESEA, no State entity may receive a grant under this competition for use in a State in which a State entity is currently using a CSP State Entities grant. Accordingly, State entities in States in which a State entity has a current CSP State Entities grant that is not in its final budget period (i.e., Alabama, Arizona, Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, New Hampshire, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Washington, and Wisconsin) are ineligible to apply for a CSP State Entities grant under this competition. State entities in States in which a State entity has a current CSP State Entity grant that is in its final budget period (i.e., Texas), however, are eligible to apply for a new CSP State Entity grant under this competition. Consistent with section 4303(e)(1), if a State entity is approved for a new CSP State Entities grant under this competition for use in a State in which a State entity has a current CSP State Entities grant that is in its final budget period, all funding under the current VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 CSP State Entities grant must be obligated prior to the end of the final budget period. Likewise, if multiple State entities in a State submit applications that receive high enough scores to be recommended for funding under this competition, only the highest-scoring application among such State entities would be funded. State entities in States in which an SEA has a current CSP Grant for SEAs that was awarded under the No Child Left Behind Act of 2001 (i.e., prior to FY 2017) are eligible to apply for a CSP State Entities grant under this competition, so long as no other State entity in the State has a current CSP State Entities grant that is not in its final budget period. 2. Cost Sharing or Matching: This program does not require cost sharing or matching. 3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a State entity may award subgrants to eligible applicants and technical assistance providers. (b) Under section 4303(d)(2) of the ESEA, a State entity awarding subgrants to eligible applicants must use a peerreview process to review applications. Note: An eligible applicant (i.e., charter school developer or charter school) in a State in which no State entity has an approved grant application under section 4303 of the ESEA may apply for funding directly from the Department under the CSP Grants to Developers (CFDA number 84.282B or 84.282E) competition. Additional information about the CSP Grants to Developers program and any upcoming competitions is available at https:// oese.ed.gov/offices/office-ofdiscretionary-grants-support-services/ charter-school-programs/charterschools-program-non-state-educationalagencies-non-sea-planning-programdesign-and-initial-implementationgrant/. 4. Other: (a) Reasonable and Necessary Costs: The Secretary may elect to impose maximum limits on the amount of subgrant funds that a State entity may award to an eligible applicant per new charter school created or replicated, per charter school expanded, or per new school seat created. For this competition, the maximum amount of subgrant funds a State entity may award to a subgrantee per new charter school, replicated high-quality charter school, or expanded highquality charter school over a five-year subgrant period is $1,500,000. Note: Applicants must ensure that all costs included in the proposed budget are necessary and reasonable to meet the PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 4647 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. (b) Audits: (i) A non-Federal entity that expends $750,000 or more during the non-Federal entity’s fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a)) (ii) A non-Federal entity that expends less than $750,000 during the nonFederal entity’s fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office. (2 CFR 200.501(d)). 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 https:// www.govinfo.gov/content/pkg/FR-201902-13/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 funds under the CSP State Entities grant competition, your application may include business information that you consider proprietary. In 34 CFR 5.11 we define ‘‘business information’’ and describe the process we use in determining whether any of that information is proprietary and, thus, protected from disclosure under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as amended). Because we plan to make successful applications available to the public, you may wish to request confidentiality of business information. Consistent with Executive Order 12600, please designate in your application any information that you believe is exempt from disclosure under 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. E:\FR\FM\27JAN1.SGM 27JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 4648 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices For additional information please see 34 CFR 5.11(c). 3. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 4. Funding Restrictions: In accordance with section 4303(c) of the ESEA, a State entity receiving a grant under this program shall: (a) Use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application pursuant to section 4303(f), for activities related to opening and preparing for the operation of new charter schools and replicated highquality charter schools, or expanding high-quality charter schools; (b) reserve not less than 7 percent of the grant funds to provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out such activities, and to work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools; and (c) reserve not more than 3 percent of the grant funds for administrative costs, which may include technical assistance. A State entity may use a grant received under this program to provide technical assistance and to work with authorized public chartering agencies to improve authorizing quality under section 4303(b)(2) of the ESEA directly or through grants, contracts, or cooperative agreements. Limitation on Grants and Subgrants: Under section 4303(d) of the ESEA, a grant awarded by the Secretary to a State entity under this competition shall be for a period of not more than five years. A subgrant awarded by a State entity under this program shall be for a period of not more than five years, of which an eligible applicant may use not more than 18 months for planning and program design. An eligible applicant may not receive more than one subgrant under this program for each individual charter school for a five-year period, unless the eligible applicant demonstrates to the State entity that such individual charter school has at least three years of improved educational results for students enrolled in such charter school, with respect to VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 the elements described in section 4310(8)(A) and (D) of the ESEA.4 Other CSP Grants: A charter school that previously received funds for opening or preparing to operate a new charter school, or replicating or expanding a high-quality charter school, under the CSP Grants to State Entities program (CFDA number 84.282A), the CSP Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (CMO) program (CFDA number 84.282M), or the CSP Grants to Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-quality Charter Schools (Developer) program (CFDA numbers 84.282B and 84.282E) may not use funds under this program to carry out the same or substantially similar activities. 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 previously was awarded a subgrant from a State entity under this program (or the former CSP Grants for SEAs program) is ineligible to receive funds to carry out the same activities under the CMO program (CFDA number 84.282M) or Developer program (CFDA numbers 84.282B and 84.282E), including for opening or preparing to operate a new charter school, replication, or expansion. Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State entities awarded grants under this competition shall award subgrants to eligible applicants to enable such eligible applicants to— (a) Open and prepare for the operation of new charter schools; (b) Open and prepare for the operation of replicated high-quality charter schools; or (c) Expand high-quality charter schools. Under section 4303(h) of the ESEA, an eligible applicant receiving a subgrant under this program shall use such funds to support activities related to opening and preparing for the operation of new charter schools or replicating or expanding high-quality charter schools, which shall include one or more of the following: (a) Preparing teachers, school leaders, and specialized instructional support 4 Section 4303(e)(2) of the ESEA prescribes the circumstances under which an eligible applicant may be eligible to apply to an SE for a second subgrant for an individual charter school for a fiveyear period. The eligible applicant still would have to meet all program requirements, including the requirements for replicating or expanding a highquality charter school. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 personnel, including through paying costs associated with— (i) Providing professional development; and (ii) Hiring and compensating, during the eligible applicant’s planning period specified in the application for subgrant funds, one or more of the following: (A) Teachers. (B) School leaders. (C) 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 opening, replicating, or expanding high-quality charter schools when such costs cannot be met from other sources. Diversity of Projects: Per section 4303(d)(4) of the ESEA, each State entity awarding subgrants under this competition shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (a) Are distributed throughout different areas, including urban, suburban, and rural areas; and (b) Will assist charter schools representing a variety of educational approaches. Award Basis: In determining whether to approve a grant award and the amount of such award, the Department will consider, among other things, the applicant’s performance and use of funds under a previous or existing award under any Department program (34 CFR 75.217(d)(3)(ii) and 233(b)). In assessing the applicant’s performance and use of funds under a previous or existing award, the Secretary will consider, among other things, the outcomes the applicant has achieved and the results of any Departmental grant monitoring, including the applicant’s progress in remedying any deficiencies identified in such monitoring. We reference additional regulations outlining funding restrictions in the E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Applicable Regulations section of this notice. 5. Recommended Page Limit and English Language Requirement: The application narrative (Part III of the application) is where you, the applicant, address the priorities, selection criteria, and application requirements that reviewers use to evaluate your application. We recommend that you (1) limit the application narrative to no more than 60 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. Applications must be in English, and peer reviewers will only consider supporting documents submitted with the application that are in English. 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. 6. Pre-Application Webinar Information: The Department will hold a pre-application meeting via webinar for prospective applicants on January 30, 2020, 2:00 p.m., Eastern Time. There is no registration fee for attending this meeting. For further information about the preapplication meeting, contact Ashley Gardner, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E113, Washington, DC 20202–5970. Telephone: (202) 453–6787. Email: charterschools@ed.gov. V. Application Review Information 1. Selection Criteria: The selection criteria for this competition are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and 34 CFR 75.210. The maximum possible total score an application can receive for addressing the criteria is 100 points. The maximum possible score for addressing each criterion is indicated in parentheses following the criterion. VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 (a) Quality of the Project Design (up to 35 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: (1) The extent to which the proposed project demonstrates a rationale (34 CFR 75.210(c)(2)(xxix)) (up to 15 points); (2) The extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible (34 CFR 75.210(h)(2)(iv))(up to 15 points); and (3) The ambitiousness of the State entity’s objectives for the quality charter school program carried out under the CSP State Entities program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B))) (up to 5 points). (b) Quality of Eligible Subgrant Applicants (up to 15 points): The likelihood that the eligible applicants receiving subgrants under the program will meet the State entity’s objectives and improve educational results for students (section 4303(g)(1)(C) (20 U.S.C. 7221b(g)(1)(C))). (c) State Plan (up to 35 points): The State entity’s plan to— (1) Adequately monitor the eligible applicants receiving subgrants under the State entity’s program (section 4303(g)(1)(D)(i) (20 U.S.C. 7221b(g)(1)(D)(i))) (up to 10 points); (2) Work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C. 7221b(g)(1)(D)(ii))) (up to 5 points); (3) Provide technical assistance and support for— (i) The eligible applicants receiving subgrants under the State entity’s program; and (ii) Quality authorizing efforts in the State (section 4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10 points); (4) The State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of charter schools in the State (section 4303(g)(1)(E) of ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and (5) The degree of flexibility afforded by the State’s charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law (section 4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points). PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 4649 (d) Quality of the Management Plan (up to 15 points). The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers: (1) The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks (34 CFR 75.210(g)(2)(i)) (up to 10 points); (2) The adequacy of procedures for ensuring feedback and continuous improvement in the operation of the proposed project (34 CFR 75.210(g)(2)(ii)) (up to 3 points); and (3) 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 (34 CFR 75.210(g)(2)(iv)) (up to 2 points). 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 E:\FR\FM\27JAN1.SGM 27JAN1 4650 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES competition to receive an award that over the course of the project period may exceed the simplified acquisition threshold (currently $250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your integrity, business ethics, and record of performance under Federal awards—that is, the risk posed by you as an applicant—before we make an award. In doing so, we must consider any information about you that is in the integrity and performance system (currently referred to as the Federal Awardee Performance and Integrity Information System (FAPIIS)), accessible through the System for Award Management. You may review and comment on any information about yourself that a Federal agency previously entered and that is currently in FAPIIS. Please note that, if the total value of your currently active grants, cooperative agreements, and procurement contracts from the Federal Government exceeds $10,000,000, the reporting requirements in 2 CFR part 200, Appendix XII, require you to report certain integrity information to FAPIIS semiannually. Please review the requirements in 2 CFR part 200, Appendix XII, if this grant plus all the other Federal funds you receive exceed $10,000,000. VI. Award Administration Information 1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, 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 VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 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 annual performance reports that provide 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) In accordance with section 4303(i) of the ESEA, each State entity receiving a grant under this section must submit to the Secretary, at the end of the third year of the five-year grant period (or at the end of the second year if the grant period is less than five years), and at the end of such grant period, a report that includes the following: (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the period of the subgrant. (2) A description of how the State entity met the objectives of the quality charter school program described in the State entity’s application, including— (A) How the State entity met the objective of sharing best and promising practices as outlined in section 4303(f)(1)(A)(ix) of the ESEA in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools; and (B) If known, the extent to which such practices were adopted and PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 implemented by such other public schools. (3) The number and amount of subgrants awarded under this program to carry out activities described in section 4303(b)(1)(A) through (C) of the ESEA. (4) A description of— (A) How the State entity complied with, and ensured that eligible applicants complied with, the assurances included in the State entity’s application; and (B) How the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that received subgrant funds under this program, if applicable. (d) 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 established two performance indicators to measure annual progress towards 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 E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices 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 highquality 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 in their proposed budgets as allowable administrative costs. khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 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: January 22, 2020. Frank Brogan, Assistant Deputy Secretary for Elementary and Secondary Education. [FR Doc. 2020–01324 Filed 1–24–20; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION [Docket No.: ED–2019–ICCD–0144] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provisions—Subpart K—Cash Management Federal Student Aid (FSA), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection. DATES: Interested persons are invited to submit comments on or before February 26, 2020. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED– 2019–ICCD–0144. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at ICDocketMgr@ed.gov. Please include the SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 4651 docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 6W–208D, Washington, DC 20202–4537. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Beth Grebeldinger, 202–377–4018. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Student Assistance General Provisions—Subpart K—Cash Management. OMB Control Number: 1845–0038. Type of Review: An extension of an existing information collection. Respondents/Affected Public: Private Sector; State, Local, and Tribal Governments; Individuals or Households. Total Estimated Number of Annual Responses: 22,225,738. Total Estimated Number of Annual Burden Hours: 1,011,358. E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4642-4651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01324]



[[Page 4642]]

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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--Grants to State Entities

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2020 for CSP Grants to State 
Entities, Catalog of Federal Domestic Assistance (CFDA) number 84.282A. 
This notice relates to the approved information collection under OMB 
control number 1894-0006.

DATES: 
    Applications Available: January 27, 2020.
    Date of Pre-Application Webinar: January 30, 2020, 2:00 p.m., 
Eastern Time.
    Deadline for Transmittal of Applications: April 13, 2020.
    Deadline for Intergovernmental Review: June 10, 2020.

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 
https://www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Ashley Gardner, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E113, Washington, DC 20202-
5970. Telephone: (202) 453-6787. 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 public charter schools \1\ and meet challenging 
State academic standards; provide financial assistance for the 
planning, program design, and initial implementation of 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\ The statutory or regulatory definitions for italicized terms 
are provided in the Definitions section of this notice.
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    Through the CSP Grants to State Entities (CSP State Entities) 
competition (CFDA number 84.282A), the Department awards grants to 
State entities that, in turn, award subgrants to eligible applicants 
for the purpose of opening new charter schools and replicating and 
expanding high-quality charter schools. Grant funds may also be used to 
provide technical assistance to eligible applicants and authorized 
public chartering agencies in opening new charter schools and 
replicating and expanding high-quality charter schools; and to work 
with authorized public chartering agencies in the State to improve 
authorizing quality, including developing capacity for, and conducting, 
fiscal oversight and auditing of charter schools.
    Background: The CSP State Entities program provides financial 
assistance to State entities to support charter schools that serve 
elementary and secondary school students in a given State. Charter 
schools receiving funds under the CSP State Entities program also may 
serve students in early childhood education programs or postsecondary 
students.
    The CSP State Entities program is authorized under Title IV, Part C 
of the Elementary and Secondary Education Act of 1965, as amended by 
the Every Student Succeeds Act (ESEA) (20 U.S.C. 7221-7221j). This 
notice contains information regarding eligibility, priorities, 
definitions, application requirements, and selection criteria under the 
CSP State Entities program.
    All charter schools receiving CSP funds must meet each element of 
the definition of charter school in section 4310(2) of the ESEA, 
including the requirement to comply 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, section 444 of the 
General Education Provisions Act (GEPA), and part B of the Individuals 
with Disabilities Education Act (IDEA).
    Priorities: This notice includes seven competitive preference 
priorities. In accordance with 34 CFR 75.105(b)(2)(iv), Competitive 
Preference Priority 1 is from the notice of final priority, published 
in the Federal Register on November 27, 2019 (84 FR 65300) (Opportunity 
Zones NFP), and Competitive Preference Priorities 2-7 are from section 
4303(g)(2) of the ESEA.
    Competitive Preference Priorities: For FY 2020 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award:
     An additional four points to an application that meets 
Competitive Preference Priority 1;
     An additional two points to an application that meets 
Competitive Preference Priority 2; and
     Up to an additional 16 points to an application, depending 
on whether and how well the application addresses Competitive 
Preference Priorities 3-7.
    An application may receive a total of up to 22 additional points 
under the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--Spurring Investment in Qualified 
Opportunity Zones (0 or 4 points).
    Under this priority, an applicant must demonstrate that the area in 
which the applicant proposes to provide services overlaps with a 
Qualified Opportunity Zone, as designated by the Secretary of the 
Treasury under section 1400z-1 of the Internal Revenue Code (IRC). An 
applicant must--
    (a) Provide the census tract number of the Qualified Opportunity 
Zone(s) in which it proposes to provide services; and
    (b) Describe how the applicant will provide services in the 
Qualified Opportunity Zone(s).
    Note: In responding to this priority, an applicant is encouraged to 
explain how it will encourage prospective subgrantees to open, 
replicate, or expand one or more charter schools in a Qualified 
Opportunity Zone and how that might align to the application 
requirement response for (I)(C)(i).
    Competitive Preference Priority 2--At Least One Authorized Public 
Chartering Agency Other than a Local Educational Agency, or an Appeals 
Process (0 or 2 points).
    To meet this priority, an applicant must demonstrate that it is 
located in a State that--
    (a) Allows at least one entity that is not a local educational 
agency (LEA) to be an authorized public chartering agency for 
developers seeking to open a charter school in the State; or
    (b) In the case of a State in which LEAs are the only authorized 
public chartering agencies, the State has an

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appeals process for the denial of an application for a charter school.
    Competitive Preference Priority 3--Equitable Financing (up to 3 
points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which it is located 
ensures equitable financing, as compared to traditional public schools, 
for charter schools and students in a prompt manner.
    Competitive Preference Priority 4--Charter School Facilities (up to 
4 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which it is located 
provides charter schools one or more of the following:
    (a) Funding for facilities.
    (b) Assistance with facilities acquisition.
    (c) Access to public facilities.
    (d) The ability to share in bonds or mill levies.
    (e) The right of first refusal to purchase public school buildings.
    (f) Low- or no-cost leasing privileges.
    Competitive Preference Priority 5--Best Practices to Improve 
Struggling Schools and LEAs (up to 2 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which it is located 
uses best practices from charter schools to help improve struggling 
schools and LEAs.
    Competitive Preference Priority 6--Serving At-Risk Students (up to 
3 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which it supports charter schools that 
serve at-risk students through activities such as dropout prevention, 
dropout recovery, or comprehensive career counseling services.
    Competitive Preference Priority 7--Best Practices for Charter 
School Authorizing (up to 4 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which it has taken steps to ensure that 
all authorized public chartering agencies implement best practices for 
charter school authorizing.
    Note: For purposes of this competition, ``best practices for 
charter school authorizing'' includes, but is not limited to, the 
practices for monitoring charter schools described in Assurance (E) in 
paragraph (II) below.
    Application Requirements:
    These application requirements are from section 4303(f) of the ESEA 
(20 U.S.C. 7221b(f)). The Department will reject an application that 
does not meet each application requirement.
    In responding to the application requirements, applicants must 
clearly identify which application requirement they are addressing. An 
applicant must respond to requirements (I)(A)(1), (I)(A)(7), (I)(A)(9), 
(I)(B)(2), and (I)(B)(3) in its response to paragraph (a)(1) of the 
Quality of the Project Design selection criterion; requirements 
(I)(A)(2), (I)(A)(13),(I)(C), (I)(E), and (I)(G) in its response to the 
Quality of Eligible Subgrant Applicants selection criterion; 
requirements (I)(A)(6) and (I)(A)(10) in its response to paragraph 
(c)(1) of the State Plan selection criterion; requirements (I)(A)(3), 
(I)(A)(4), (I)(A)(8), and (I)(A)(11) in its response to paragraph 
(c)(3) of the State Plan selection criterion; and requirement (I)(D) in 
its response to paragraph (d)(1) of the Quality of the Management Plan 
selection criterion. An applicant must respond to the application 
requirements in paragraph (I) that are not listed above in the Project 
Narrative.
    Applications for funding under the CSP State Entities program must 
contain the following:
    (I) Description of Program--A description of the State entity's 
objectives in running a quality charter school program and how the 
objectives of the program will be carried out, including--
    (A) A description of how the State entity will--
    (1) Support the opening of charter schools through the startup of 
new charter schools and, if applicable, the replication of high-quality 
charter schools, and the expansion of high-quality charter schools 
(including the proposed number of new charter schools to be opened, 
high-quality charter schools to be opened as a result of the 
replication of a high-quality charter school, or high-quality charter 
schools to be expanded under the State entity's program);
    (2) Inform eligible charter schools, developers, and authorized 
public chartering agencies of the availability of funds under the 
program;
    (3) Work with eligible applicants to ensure that the eligible 
applicants access all Federal funds that such applicants are eligible 
to receive, and help the charter schools supported by the applicants 
and the students attending those charter schools--
    (a) Participate in the Federal programs in which the schools and 
students are eligible to participate;
    (b) Receive the commensurate share of Federal funds the schools and 
students are eligible to receive under such programs; and
    (c) Meet the needs of students served under such programs, 
including students with disabilities \2\ and English learners;
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    \2\ For purposes of this competition, ``students with 
disabilities'' or ``student with a disability'' has the same meaning 
as children with disabilities or child with a disability.
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    (4) Ensure that authorized public chartering agencies, in 
collaboration with surrounding LEAs where applicable, establish clear 
plans and procedures to assist students enrolled in a charter school 
that closes or loses its charter to attend other high-quality schools;
    (5) In the case of a State entity that is not a State educational 
agency (SEA)--
    (a) Work with the SEA and charter schools in the State to maximize 
charter school participation in Federal and State programs for which 
charter schools are eligible; and
    (b) Work with the SEA to operate the State entity's program under 
section 4303 of the ESEA, if applicable;
    (6) Ensure that each eligible applicant that receives a subgrant 
under the State entity's program--
    (a) Is using funds provided under this program for one of the 
activities described in section 4303(b)(1) of the ESEA; and
    (b) Is prepared to continue to operate charter schools funded under 
section 4303 of the ESEA in a manner consistent with the eligible 
applicant's application for such subgrant once the subgrant funds under 
this program are no longer available;
    (7) Support--
    (a) Charter schools in LEAs with a significant number of schools 
identified by the State for comprehensive support and improvement under 
section 1111(c)(4)(D)(i) of the ESEA; and
    (b) The use of charter schools to improve struggling schools, or to 
turn around struggling schools;
    (8) Work with charter schools on--
    (a) Recruitment and enrollment practices to promote inclusion of 
all students, including by eliminating any barriers to enrollment for 
educationally disadvantaged students (who include foster youth and 
unaccompanied homeless youth); and
    (b) Supporting all students once they are enrolled to promote 
retention, including by reducing the overuse of discipline practices 
that remove students from the classroom;
    (9) Share best and promising practices between charter schools and 
other public schools;
    (10) Ensure that charter schools receiving funds under the State 
entity's

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program meet the educational needs of their students, including 
children with disabilities and English learners;
    (11) Support efforts to increase charter school quality 
initiatives, including meeting the quality authorizing elements 
described in section 4303(f)(2)(E) of the ESEA;
    (12)(a) In the case of a State entity that is not a charter school 
support organization, a description of how the State entity will 
provide oversight of authorizing activity, including how the State will 
help ensure better authorizing, such as by establishing authorizing 
standards that may include approving, monitoring, and re-approving or 
revoking the authority of an authorized public chartering agency based 
on the performance of the charter schools authorized by such agency in 
the areas of student achievement, student safety, financial and 
operational management, and compliance with all applicable statutes and 
regulations; and
    (b) In the case of a State entity that is a charter school support 
organization, a description of how the State entity will work with the 
State to support the State's system of technical assistance and 
oversight, as described in paragraph (a), of the authorizing activity 
of authorized public chartering agencies; and
    (13) Work with eligible applicants receiving a subgrant under the 
State entity's program to support the opening of new charter schools or 
charter school models described in application requirement (I)(A)(1) 
that are high schools;
    (B) A description of the extent to which the State entity--
    (1) Is able to meet and carry out Competitive Preference Priorities 
2 through 7; \3\
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    \3\ In accordance with 34 CFR 105(c)(2)(i), applications are not 
required to address competitive preference priorities but may 
receive additional points if they do so. However, to meet this 
application requirement, the State entity must describe the extent 
to which it is able to meet and carry out competitive preference 
priorities 2 through 7. If the State entity is unable to meet and 
carry out one or more of these competitive preference priorities, 
the description for that priority should state that the State entity 
is unable to meet or carry out the priority.
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    (2) Is working to develop or strengthen a cohesive statewide system 
to support the opening of new charter schools and, if applicable, the 
replication of high-quality charter schools, and the expansion of high-
quality charter schools; and
    (3) Is working to develop or strengthen a cohesive strategy to 
encourage collaboration between charter schools and LEAs on the sharing 
of best practices;
    (C) A description of how the State entity will award subgrants, on 
a competitive basis, including--
    (1) A description of the application each eligible applicant 
desiring to receive a subgrant will be required to submit, which 
application shall include--
    (a) 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;
    (b) 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 State entity and 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;
    (c) A description of how the autonomy and flexibility granted to a 
charter school is consistent with the definition of charter school in 
section 4310 of the ESEA;
    (d) 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 State entity's program;
    (e) A description of the eligible applicant's planned activities 
and expenditures of subgrant funds to support opening and preparing for 
the operation of new charter schools, opening and preparing for the 
operation of replicated high-quality charter schools, or expanding 
high-quality charter schools, and how the eligible applicant will 
maintain financial sustainability after the end of the subgrant period; 
and
    (f) 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 State 
entity's program; and
    (2) A description of how the State entity will review applications 
from eligible applicants;
    (D) In the case of a State entity that partners with an outside 
organization to carry out the State entity's quality charter school 
program, in whole or in part, a description of the roles and 
responsibilities of the partner;
    (E) A description of how the State entity will ensure that each 
charter school receiving funds under the State entity's program has 
considered and planned for the transportation needs of the school's 
students;
    (F) A description of how the State in which the State entity is 
located addresses charter schools in the State's open meetings and open 
records laws; and
    (G) A description of how the State entity will support diverse 
charter school models, including models that serve rural communities.
    (II) Assurances--Assurances that--
    (A) Each charter school receiving funds through the State entity's 
program will have a high degree of autonomy over budget and operations, 
including autonomy over personnel decisions;
    (B) The State entity will support charter schools in meeting the 
educational needs of their students, including children with 
disabilities and English learners;
    (C) The State entity will ensure that the authorized public 
chartering agency of any charter school that receives funds under the 
State entity's program adequately monitors each charter school under 
the authority of such agency in recruiting, enrolling, retaining, and 
meeting the needs of all students, including children with disabilities 
and English learners;
    (D) The State entity will provide adequate technical assistance to 
eligible applicants to meet the objectives described in application 
requirement (I)(A)(8);
    (E) The State entity will promote quality authorizing, consistent 
with State law, such as through providing technical assistance to 
support each authorized public chartering agency in the State to 
improve such agency's ability to monitor the charter schools authorized 
by the agency, including by--
    (1) Assessing annual performance data of the schools, including, as 
appropriate, graduation rates, student academic growth, and rates of 
student attrition;
    (2) Reviewing the schools' independent, annual audits of financial 
statements prepared in accordance with generally accepted accounting 
principles and ensuring that any such audits are publically reported; 
and
    (3) Holding charter schools accountable to the academic, financial, 
and operational quality controls agreed to between the charter school 
and the authorized public chartering agency

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involved, such as renewal, non-renewal, or revocation of the school's 
charter;
    (F) The State entity will work to ensure that charter schools are 
included with the traditional public schools in decisionmaking about 
the public school system in the State; and
    (G) The State entity will ensure that each charter school receiving 
funds under the State entity's 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--
    (1) Information on the educational program;
    (2) Student support services;
    (3) Parent contract requirements (as applicable), including any 
financial obligations or fees;
    (4) Enrollment criteria (as applicable); and
    (5) 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 statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student.
    (III) Waivers--Requests for information about waivers, including--
    (A) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the State entity believes are 
necessary for the successful operation of the charter schools that will 
receive funds under the State entity's program under section 4303 of 
the ESEA or, in the case of a State entity that is a charter school 
support organization, a description of how the State entity will work 
with the State to request such necessary waivers, where applicable; and
    (B) A description of any State or local rules, generally applicable 
to public schools, that will be waived or otherwise not apply to such 
schools.
    Definitions:
    The following definitions are from sections 4303(a), 4310, and 8101 
of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); and 34 CFR 77.1.
    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 (ESEA section 4310(1)).
    Baseline means the starting point from which performance is 
measured and targets are set (34 CFR 77.1).
    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 paragraph (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 (ESEA section 4310(2)).
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight (ESEA section 4310(3)).
    Charter school support organization means a nonprofit, non-
governmental entity that is not an authorized public chartering agency 
and provides, on a statewide basis--
    (a) Assistance to developers during the planning, program design, 
and initial implementation of a charter school; and
    (b) Technical assistance to operating charter schools (ESEA section 
4310(4)).
    Child with a disability means--
    (a) A child (1) with intellectual disabilities, hearing impairments 
(including deafness), speech or language impairments, visual 
impairments (including blindness), serious emotional disturbance 
(referred to as ``emotional disturbance''), orthopedic impairments, 
autism, traumatic brain injury, other health impairments, or specific 
learning disabilities; and (2) who, by reason thereof, needs special 
education and related services.
    (b) 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 LEA, include a child (1) experiencing developmental delays, as 
defined by the State and as

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measured by appropriate diagnostic instruments and procedures, in one 
or more of the following areas: physical development; cognitive 
development; communication development; social or emotional 
development; or adaptive development; and (2) who, by reason thereof, 
needs special education and related services (ESEA section 8101(4)).
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes (34 CFR 77.1).
    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 
(ESEA section 4310(5)).
    Early childhood education program means (a) a Head Start program or 
an Early Head Start program carried out under the Head Start Act (42 
U.S.C. 9831 et seq.), including a migrant or seasonal Head Start 
program, an Indian Head Start program, or a Head Start program or an 
Early Head Start program that also receives State funding; (b) a State 
licensed or regulated child care program; or (c) a program that (1) 
serves children from birth through age six that addresses the 
children's cognitive (including language, early literacy, and early 
mathematics), social, emotional, and physical development; and (2) is 
(i) a State prekindergarten program; (ii) a program authorized under 
section 619 or part C of the IDEA; or (iii) a program operated by an 
LEA (ESEA section 8101(16)).
    Eligible applicant means a developer that has--
    (a) Applied to an authorized public chartering authority to operate 
a charter school; and
    (b) Provided adequate and timely notice to that authority (ESEA 
section 4310(6)).
    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 (ESEA section 
8101(20)).
    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 (ESEA section 4310(7)).
    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 (ESEA 
section 4310(8)).
    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).
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare) 
(ESEA section 8101(38)).
    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).
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers) (34 CFR 
77.1).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program (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 (ESEA section 4310(9)).
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas (ESEA 
section 8101(48)).
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools (ESEA section 8101(49)).
    State entity means--
    (a) A State educational agency;
    (b) A State charter school board;
    (c) A Governor of a State; or
    (d) A charter school support organization (ESEA section 4303(a)).

    Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
7221j).

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

[[Page 4647]]

the Department in 2 CFR part 3474. (d) The Opportunity Zones NFP.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $82,000,000.
    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: $2,000,000 to $25,000,000 per year.
    Estimated Average Size of Awards: $10,000,000 per year.
    Maximum Award: See section III.4(a) of this notice, Reasonable and 
Necessary Costs, for information regarding the maximum amount of funds 
that State Entities may award for each charter school receiving 
subgrant funds.
    Estimated Number of Awards: 3-6.
    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 FY 2020 funds to support multiple 
12-month budget periods for one or more grantees.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Entities: State entities in States with a specific 
State statute authorizing the granting of charters to schools.
    Under section 4303(e)(1) of the ESEA, no State entity may receive a 
grant under this competition for use in a State in which a State entity 
is currently using a CSP State Entities grant. Accordingly, State 
entities in States in which a State entity has a current CSP State 
Entities grant that is not in its final budget period (i.e., Alabama, 
Arizona, Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland, 
Michigan, Minnesota, Mississippi, New Hampshire, New Mexico, New York, 
North Carolina, Oklahoma, Rhode Island, Washington, and Wisconsin) are 
ineligible to apply for a CSP State Entities grant under this 
competition. State entities in States in which a State entity has a 
current CSP State Entity grant that is in its final budget period 
(i.e., Texas), however, are eligible to apply for a new CSP State 
Entity grant under this competition.
    Consistent with section 4303(e)(1), if a State entity is approved 
for a new CSP State Entities grant under this competition for use in a 
State in which a State entity has a current CSP State Entities grant 
that is in its final budget period, all funding under the current CSP 
State Entities grant must be obligated prior to the end of the final 
budget period. Likewise, if multiple State entities in a State submit 
applications that receive high enough scores to be recommended for 
funding under this competition, only the highest-scoring application 
among such State entities would be funded.
    State entities in States in which an SEA has a current CSP Grant 
for SEAs that was awarded under the No Child Left Behind Act of 2001 
(i.e., prior to FY 2017) are eligible to apply for a CSP State Entities 
grant under this competition, so long as no other State entity in the 
State has a current CSP State Entities grant that is not in its final 
budget period.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a 
State entity may award subgrants to eligible applicants and technical 
assistance providers.
    (b) Under section 4303(d)(2) of the ESEA, a State entity awarding 
subgrants to eligible applicants must use a peer-review process to 
review applications.
    Note: An eligible applicant (i.e., charter school developer or 
charter school) in a State in which no State entity has an approved 
grant application under section 4303 of the ESEA may apply for funding 
directly from the Department under the CSP Grants to Developers (CFDA 
number 84.282B or 84.282E) competition. Additional information about 
the CSP Grants to Developers program and any upcoming competitions is 
available at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/.
    4. Other: (a) Reasonable and Necessary Costs: The Secretary may 
elect to impose maximum limits on the amount of subgrant funds that a 
State entity may award to an eligible applicant per new charter school 
created or replicated, per charter school expanded, or per new school 
seat created.
    For this competition, the maximum amount of subgrant funds a State 
entity may award to a subgrantee per new charter school, replicated 
high-quality charter school, or expanded high-quality charter school 
over a five-year subgrant period is $1,500,000.
    Note: Applicants must ensure that all costs included in the 
proposed budget are necessary and reasonable to meet 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.
    (b) Audits: (i) A non-Federal entity that expends $750,000 or more 
during the non-Federal entity's fiscal year in Federal awards must have 
a single or program-specific audit conducted for that year in 
accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))
    (ii) A non-Federal entity that expends less than $750,000 during 
the non-Federal entity's fiscal year in Federal awards is exempt from 
Federal audit requirements for that year, except as noted in 2 CFR 
200.503 (Relation to other audit requirements), but records must be 
available for review or audit by appropriate officials of the Federal 
agency, pass-through entity, and Government Accountability Office. (2 
CFR 200.501(d)).

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 https://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 funds under the CSP 
State Entities grant competition, your application may include business 
information that you consider proprietary. In 34 CFR 5.11 we define 
``business information'' and describe the process we use in determining 
whether any of that information is proprietary and, thus, protected 
from disclosure under Exemption 4 of the Freedom of Information Act (5 
U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under 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.

[[Page 4648]]

For additional information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition.
    4. Funding Restrictions: In accordance with section 4303(c) of the 
ESEA, a State entity receiving a grant under this program shall: (a) 
Use not less than 90 percent of the grant funds to award subgrants to 
eligible applicants, in accordance with the quality charter school 
program described in the State entity's application pursuant to section 
4303(f), for activities related to opening and preparing for the 
operation of new charter schools and replicated high-quality charter 
schools, or expanding high-quality charter schools; (b) reserve not 
less than 7 percent of the grant funds to provide technical assistance 
to eligible applicants and authorized public chartering agencies in 
carrying out such activities, and to work with authorized public 
chartering agencies in the State to improve authorizing quality, 
including developing capacity for, and conducting, fiscal oversight and 
auditing of charter schools; and (c) reserve not more than 3 percent of 
the grant funds for administrative costs, which may include technical 
assistance. A State entity may use a grant received under this program 
to provide technical assistance and to work with authorized public 
chartering agencies to improve authorizing quality under section 
4303(b)(2) of the ESEA directly or through grants, contracts, or 
cooperative agreements.
    Limitation on Grants and Subgrants: Under section 4303(d) of the 
ESEA, a grant awarded by the Secretary to a State entity under this 
competition shall be for a period of not more than five years.
    A subgrant awarded by a State entity under this program shall be 
for a period of not more than five years, of which an eligible 
applicant may use not more than 18 months for planning and program 
design. An eligible applicant may not receive more than one subgrant 
under this program for each individual charter school for a five-year 
period, unless the eligible applicant demonstrates to the State entity 
that such individual charter school has at least three years of 
improved educational results for students enrolled in such charter 
school, with respect to the elements described in section 4310(8)(A) 
and (D) of the ESEA.\4\
---------------------------------------------------------------------------

    \4\ Section 4303(e)(2) of the ESEA prescribes the circumstances 
under which an eligible applicant may be eligible to apply to an SE 
for a second subgrant for an individual charter school for a five-
year period. The eligible applicant still would have to meet all 
program requirements, including the requirements for replicating or 
expanding a high-quality charter school.
---------------------------------------------------------------------------

    Other CSP Grants: A charter school that previously received funds 
for opening or preparing to operate a new charter school, or 
replicating or expanding a high-quality charter school, under the CSP 
Grants to State Entities program (CFDA number 84.282A), the CSP Grants 
to Charter Management Organizations for the Replication and Expansion 
of High-Quality Charter Schools (CMO) program (CFDA number 84.282M), or 
the CSP Grants to Developers for the Opening of New Charter Schools and 
for the Replication and Expansion of High-quality Charter Schools 
(Developer) program (CFDA numbers 84.282B and 84.282E) may not use 
funds under this program to carry out the same or substantially similar 
activities. 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 previously was awarded a subgrant 
from a State entity under this program (or the former CSP Grants for 
SEAs program) is ineligible to receive funds to carry out the same 
activities under the CMO program (CFDA number 84.282M) or Developer 
program (CFDA numbers 84.282B and 84.282E), including for opening or 
preparing to operate a new charter school, replication, or expansion.
    Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State 
entities awarded grants under this competition shall award subgrants to 
eligible applicants to enable such eligible applicants to--
    (a) Open and prepare for the operation of new charter schools;
    (b) Open and prepare for the operation of replicated high-quality 
charter schools; or
    (c) Expand high-quality charter schools.
    Under section 4303(h) of the ESEA, an eligible applicant receiving 
a subgrant under this program shall use such funds to support 
activities related to opening and preparing for the operation of new 
charter schools or replicating or expanding high-quality charter 
schools, which shall include one or more of the following:
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying costs 
associated with--
    (i) Providing professional development; and
    (ii) Hiring and compensating, during the eligible applicant's 
planning period specified in the application for subgrant funds, one or 
more of the following:
    (A) Teachers.
    (B) School leaders.
    (C) 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 
opening, replicating, or expanding high-quality charter schools when 
such costs cannot be met from other sources.
    Diversity of Projects: Per section 4303(d)(4) of the ESEA, each 
State entity awarding subgrants under this competition shall award 
subgrants in a manner that, to the extent practicable and applicable, 
ensures that such subgrants--
    (a) Are distributed throughout different areas, including urban, 
suburban, and rural areas; and
    (b) Will assist charter schools representing a variety of 
educational approaches.
    Award Basis: In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the applicant's performance and use of funds under a previous 
or existing award under any Department program (34 CFR 75.217(d)(3)(ii) 
and 233(b)). In assessing the applicant's performance and use of funds 
under a previous or existing award, the Secretary will consider, among 
other things, the outcomes the applicant has achieved and the results 
of any Departmental grant monitoring, including the applicant's 
progress in remedying any deficiencies identified in such monitoring.
    We reference additional regulations outlining funding restrictions 
in the

[[Page 4649]]

Applicable Regulations section of this notice.
    5. Recommended Page Limit and English Language Requirement: The 
application narrative (Part III of the application) is where you, the 
applicant, address the priorities, selection criteria, and application 
requirements that reviewers use to evaluate your application. We 
recommend that you (1) limit the application narrative to no more than 
60 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.
    Applications must be in English, and peer reviewers will only 
consider supporting documents submitted with the application that are 
in English.
    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.
    6. Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar for prospective applicants on 
January 30, 2020, 2:00 p.m., Eastern Time. There is no registration fee 
for attending this meeting.
    For further information about the pre-application meeting, contact 
Ashley Gardner, U.S. Department of Education, 400 Maryland Avenue SW, 
Room 3E113, Washington, DC 20202-5970. Telephone: (202) 453-6787. 
Email: [email protected].

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and 34 
CFR 75.210. The maximum possible total score an application can receive 
for addressing the criteria is 100 points. The maximum possible score 
for addressing each criterion is indicated in parentheses following the 
criterion.
    (a) Quality of the Project Design (up to 35 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:
    (1) The extent to which the proposed project demonstrates a 
rationale (34 CFR 75.210(c)(2)(xxix)) (up to 15 points);
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible (34 CFR 75.210(h)(2)(iv))(up to 
15 points); and
    (3) The ambitiousness of the State entity's objectives for the 
quality charter school program carried out under the CSP State Entities 
program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B))) 
(up to 5 points).
    (b) Quality of Eligible Subgrant Applicants (up to 15 points): The 
likelihood that the eligible applicants receiving subgrants under the 
program will meet the State entity's objectives and improve educational 
results for students (section 4303(g)(1)(C) (20 U.S.C. 
7221b(g)(1)(C))).
    (c) State Plan (up to 35 points): The State entity's plan to--
    (1) Adequately monitor the eligible applicants receiving subgrants 
under the State entity's program (section 4303(g)(1)(D)(i) (20 U.S.C. 
7221b(g)(1)(D)(i))) (up to 10 points);
    (2) Work with the authorized public chartering agencies involved to 
avoid duplication of work for the charter schools and authorized public 
chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C. 
7221b(g)(1)(D)(ii))) (up to 5 points);
    (3) Provide technical assistance and support for--
    (i) The eligible applicants receiving subgrants under the State 
entity's program; and
    (ii) Quality authorizing efforts in the State (section 
4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10 
points);
    (4) The State entity's plan to solicit and consider input from 
parents and other members of the community on the implementation and 
operation of charter schools in the State (section 4303(g)(1)(E) of 
ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and
    (5) The degree of flexibility afforded by the State's charter 
school law and how the State entity will work to maximize the 
flexibility provided to charter schools under such law (section 
4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points).
    (d) Quality of the Management Plan (up to 15 points). The Secretary 
considers the quality of the management plan for the proposed project. 
In determining the quality of the management plan for the proposed 
project, the Secretary considers:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (34 CFR 75.210(g)(2)(i)) (up to 10 points);
    (2) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project (34 CFR 
75.210(g)(2)(ii)) (up to 3 points); and
    (3) 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 
(34 CFR 75.210(g)(2)(iv)) (up to 2 points).
    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

[[Page 4650]]

competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
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 annual 
performance reports that provide 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) In accordance with section 4303(i) of the ESEA, each State 
entity receiving a grant under this section must submit to the 
Secretary, at the end of the third year of the five-year grant period 
(or at the end of the second year if the grant period is less than five 
years), and at the end of such grant period, a report that includes the 
following:
    (1) The number of students served by each subgrant awarded under 
this section and, if applicable, the number of new students served 
during each year of the period of the subgrant.
    (2) A description of how the State entity met the objectives of the 
quality charter school program described in the State entity's 
application, including--
    (A) How the State entity met the objective of sharing best and 
promising practices as outlined in section 4303(f)(1)(A)(ix) of the 
ESEA in areas such as instruction, professional development, curricula 
development, and operations between charter schools and other public 
schools; and
    (B) If known, the extent to which such practices were adopted and 
implemented by such other public schools.
    (3) The number and amount of subgrants awarded under this program 
to carry out activities described in section 4303(b)(1)(A) through (C) 
of the ESEA.
    (4) A description of--
    (A) How the State entity complied with, and ensured that eligible 
applicants complied with, the assurances included in the State entity's 
application; and
    (B) How the State entity worked with authorized public chartering 
agencies, and how the agencies worked with the management company or 
leadership of the schools that received subgrant funds under this 
program, if applicable.
    (d) 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 established two performance indicators to 
measure annual progress towards 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

[[Page 4651]]

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 in their proposed budgets as allowable 
administrative costs.

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: January 22, 2020.
Frank Brogan,
Assistant Deputy Secretary for Elementary and Secondary Education.
[FR Doc. 2020-01324 Filed 1-24-20; 8:45 am]
 BILLING CODE 4000-01-P