Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (CMO Grants), 67876-67888 [2022-24704]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67876-67888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24704]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--Grants to Charter Management 
Organizations for the Replication and Expansion of High-Quality Charter 
Schools (CMO Grants)

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2023 for CSP 
CMO Grants, Assistance Listing Number (ALN) 84.282M. This notice 
relates to the approved information collection under OMB control number 
1810-0767.

DATES: 
    Applications Available: November 10, 2022.
    Notice of Intent to Apply: Applicants are strongly encouraged but 
not required to submit a notice of intent to apply by December 5, 2022. 
Applicants who do not meet this deadline may still apply.
    Deadline for Transmittal of Applications: January 3, 2023.
    Deadline for Intergovernmental Review: March 4, 2023.
    Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar to provide technical assistance to 
prospective applicants. Detailed information regarding this webinar 
will be provided at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/charter-schools-program-grants-for-replications-and-expansion-of-high-quality-charter-schools/applicant-information-eligibility/.
    Note: For new potential grantees unfamiliar with grantmaking at the 
Department, please consult our funding basics resource at www2.ed.gov/documents/funding-101/funding-101-basics.pdf or a more detailed 
resource at www2.ed.gov/documents/funding-101/funding-101.pdf.

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 December 27, 2021 (86 FR 73264), and available at 
www.federalregister.gov/d/2021-27979. Please note that these Common 
Instructions supersede the version published on February 13, 2019, and, 
in part, describe the transition from the requirement to register in 
SAM.gov, a Data Universal Numbering System (DUNS) number, to the 
implementation of the Unique Entity Identifier (UEI). More information 
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.

FOR FURTHER INFORMATION CONTACT: Stephanie S. Jones, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970. 
Telephone: (202) 453-5563. Email: CMOCompetition2023ed.gov.
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The CSP CMO Grant program (ALN 84.282M) 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). Through CSP CMO Grants, the Department 
awards grants to charter management organizations (CMOs) \1\ on a 
competitive basis to enable them to replicate or expand one or more 
high-quality charter schools. Grant funds may be used to significantly 
increase the enrollment of, or add one or more grades to, an existing 
high-quality charter school or to open one or more new charter schools 
or new campuses of a high-quality charter school based on the 
educational model of an existing high-quality charter school. Charter 
schools that receive financial assistance through CSP CMO Grants 
provide programs of elementary or secondary education, or both, and may 
also serve students in early childhood education programs or 
postsecondary students, consistent with the terms of their charter.
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    \1\ Terms defined in this notice are italicized the first time 
each term is used.
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    Background: The major purposes of the CSP are to expand 
opportunities for all students, particularly underserved students, to 
attend charter schools 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; aid States in providing facilities support to 
charter schools; and support efforts to strengthen the charter school 
authorizing process.
    On July 6, 2022, the Department published in the Federal Register a 
notice of final priorities, requirements, definitions, and selection 
criteria for this program (87 FR 40406) (2022 NFP), which supplements 
the program statute and notice of final priorities, requirements, 
definitions, and selection criteria for CSP CMO Grants published in the 
Federal Register on November 30, 2018 (83 FR 61532) (2018 NFP). The 
2022 NFP is intended to help ensure the creation, replication, and 
expansion of high-quality charter schools that promote positive student 
outcomes, educator and community empowerment, and promising practices; 
and promote school diversity. We also seek to promote greater fiscal 
and operational transparency and accountability for CSP-funded charter 
schools. The priorities, application requirements, assurances, 
selection criteria, and definitions in this notice are designed to 
increase access to high-quality, diverse, and equitable learning

[[Page 67877]]

opportunities, which should be a goal of all public schools. 
Specifically, this competition includes a statutory priority from 
section 4305(b)(5)(A) of the ESEA to promote racially and 
socioeconomically diverse student bodies. The Department used a similar 
priority in the FY 2019 competition (83 FR 65351).
    This competition also includes an invitational priority to 
encourage collaborations between charter schools and traditional public 
schools or traditional school districts that benefit students and 
families across schools. Some of the most successful charter schools 
have collaborated with traditional school districts, and there is 
evidence that these types of collaborations can improve outcomes for 
students in both charter schools and traditional public schools, 
including by sharing instructional materials, creating joint 
professional learning opportunities, and developing principal pipeline 
programs. Using an invitational priority allows the Department to 
encourage beneficial collaborations without giving applications that 
meet this priority preference over other applications.
    Priorities: This notice includes three competitive preference 
priorities and one invitational priority. In accordance with 34 CFR 
75.105(b)(2)(iv), Competitive Preference Priority 1 is from section 
4305(b)(5)(A) of the ESEA. Competitive Preference Priority 2 is from 
the 2018 NFP. Competitive Preference Priority 3 is from the 2022 NFP.
    Competitive Preference Priorities: For FY 2023 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 up to an additional 
7 points to an application that meets Competitive Preference Priority 
1, up to an additional 7 points to an application that meets 
Competitive Preference Priority 2, and up to an additional 7 points to 
an application that meets Competitive Preference Priority 3, depending 
on how well the application meets one or more of these priorities.
    An applicant must identify on the abstract form and in the project 
narrative section of its application the priority or priorities it 
wishes the Department to consider for purposes of earning competitive 
preference priority points. The Department will not review or award 
points for any competitive preference priority for an application that 
fails to clearly identify the competitive preference priority or 
priorities it wishes the Department to consider for purposes of earning 
competitive preference priority points. An application may receive a 
total of up to 21 additional points under the competitive preference 
priorities.
    These priorities are:
    Competitive Preference Priority 1--Racially and Socioeconomically 
Diverse Student Bodies (up to 7 points).
    Under this priority, applicants must propose to operate or manage 
high-quality charter schools with racially and socioeconomically 
diverse student bodies. (Section 4305(b)(5)(A) of the ESEA).
    Competitive Preference Priority 2--High School Students (up to 7 
points).
    Under this priority, applicants must propose to--
    (a) Replicate or expand high-quality charter schools to serve high 
school students, including educationally disadvantaged students;
    (b) Prepare students, including educationally disadvantaged 
students, in those schools for enrollment in postsecondary education 
institutions through activities such as, but not limited to, 
accelerated learning programs (including Advanced Placement and 
International Baccalaureate courses and programs, dual or concurrent 
enrollment programs, and early college high schools), college 
counseling, career and technical education programs, career counseling, 
internships, work-based learning programs (such as apprenticeships), 
assisting students in the college admissions and financial aid 
application processes, and preparing students to take standardized 
college admissions tests;
    (c) Provide support for students, including educationally 
disadvantaged students, who graduate from those schools and enroll in 
postsecondary education institutions in persisting in, and attaining a 
degree or certificate from, such institutions, through activities such 
as, but not limited to, mentorships, ongoing assistance with the 
financial aid application process, and establishing or strengthening 
peer support systems for such students attending the same institution; 
and
    (d) Propose one or more project-specific performance measures, 
including aligned leading indicators or other interim milestones, that 
will provide valid and reliable information about the applicant's 
progress in preparing students, including educationally disadvantaged 
students, for enrollment in postsecondary education institutions and in 
supporting those students in persisting in and attaining a degree or 
certificate from such institutions. An applicant addressing this 
priority and receiving a CSP CMO Grant must provide data that are 
responsive to the measure(s), including performance targets, in its 
annual performance reports to the Department.
    (e) For purposes of this priority, postsecondary education 
institutions include institutions of higher education, as defined in 
section 8101(29) of the ESEA, and one-year training programs that meet 
the requirements of section 101(b)(1) of the Higher Education Act of 
1965, as amended (HEA).
    Competitive Preference Priority 3--Promoting High-Quality Educator- 
and Community-Centered Charter Schools to Support Underserved Students 
(up to 7 points).
    (a) Under this priority, an applicant must propose to open a new 
charter school, or to replicate or expand a high-quality charter 
school, that is developed and implemented--
    (1) With meaningful and ongoing engagement with current or former 
teachers and other educators; and
    (2) Using a community-centered approach that includes an assessment 
of community assets, informs the development of the charter school, and 
includes the implementation of protocols and practices designed to 
ensure that the charter school will use and interact with community 
assets on an ongoing basis to create and maintain strong community 
ties.
    (b) In its application, an applicant must provide a high-quality 
plan that demonstrates how its proposed project would meet the 
requirements in paragraph (a) of this priority, accompanied by a 
timeline for key milestones that span the course of planning, 
development, and implementation of the charter school.
    Invitational Priority: For FY 2023, and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1), we do not give an application that meets this 
invitational priority a competitive or absolute preference over other 
applications.
    This priority is:
    Collaborations between Charter Schools and Traditional Public 
Schools or Districts that Benefit Students and Families across Schools.
    (a) The Secretary is particularly interested in funding 
applications that propose a new collaboration, or the continuation of 
an existing collaboration, with at least one traditional public school 
or traditional school district that is designed to benefit

[[Page 67878]]

students or families served by at least one member of the 
collaboration, is designed to lead to increased or improved educational 
opportunities for students served by at least one member of the 
collaboration, and includes implementation of one or more of the 
following--
    (1) Co-developed or shared curricular and instructional resources 
or academic course offerings.
    (2) Professional development opportunities for teachers and other 
educators, which may include professional learning communities, 
opportunities for teachers to earn additional certifications, such as 
in a high-need area or national board certification, and partnerships 
with educator preparation programs to support teaching residencies.
    (3) Evidence-based (as defined in section 8101 of the ESEA) 
practices to improve academic performance for underserved students.
    (4) Policies and practices to create safe, supportive, and 
inclusive learning environments, such as systems of positive behavioral 
intervention and support.
    (5) Transparent enrollment and retention practices and processes 
that include clear and consistent disclosure to families of policies or 
requirements (e.g., discipline policies, purchasing and wearing 
specific uniforms and other fees, or family participation), and any 
services that are or are not provided, that could impact a family's 
ability to enroll or remain enrolled in the school (e.g., 
transportation services or participation in the National School Lunch 
Program).
    (6) A shared transportation plan and system that reduces 
transportation costs for at least one member of the collaboration and 
takes into consideration various transportation options, including 
public transportation and district-provided or shared transportation 
options, cost-sharing or free or reduced-cost fare options, and any 
distance considerations for prioritized bus services.
    (7) A shared special education collaborative designed to address a 
significant barrier or challenge faced by participating charter schools 
or traditional public schools in improving academic and developmental 
outcomes and services for students with disabilities (as defined in 
section 8101 of the ESEA);
    (8) A shared English learner collaborative designed to address a 
significant barrier or challenge faced by participating charter schools 
or traditional public schools in providing educational programs to 
improve academic outcomes for English learners;
    (9) Other collaborations, such as the sharing of innovative and 
best practices, designed to address a significant barrier or challenge 
faced by participating charter schools or traditional public schools in 
providing educational programs to improve academic outcomes for all 
students served by members of the collaboration.
    (b) In its application, an applicant must provide a description of 
the collaboration that--
    (1) Describes each member of the collaboration and whether the 
collaboration would be a new or existing commitment;
    (2) States the purpose and duration of the collaboration;
    (3) Describes the anticipated roles and responsibilities of each 
member of the collaboration;
    (4) Describes how the collaboration will benefit one or more 
members of the collaboration, including how it will benefit students or 
families affiliated with a member and lead to increased educational 
opportunities for students, and meet specific and measurable, if 
applicable, goals;
    (5) Describes the resources members of the collaboration will 
contribute; and
    (6) Contains any other relevant information.
    (c) Within 120 days of receiving a grant award or within 120 days 
of the date the collaboration is scheduled to begin, whichever is 
later, the grantee provides evidence of participation in the 
collaboration (which may include, but is not required to include, a 
memorandum of understanding).
    Definitions:
    The following definitions are from sections 4310 (20 U.S.C. 7221i) 
and 8101 (20 U.S.C. 7801) of the ESEA, 34 CFR 77.1, the 2018 NFP, and 
the 2022 NFP.
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure. (34 CFR 77.1)
    Authorized public chartering agency means a State educational 
agency, local educational agency (LEA), or other public entity that has 
the authority pursuant to State law and approved by the Secretary to 
authorize or approve a charter school. (Section 4310(1) of the ESEA)
    Baseline means the starting point from which performance is 
measured and targets are set. (34 CFR 77.1)
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight. (Section 4310(3) of the ESEA)
    Charter school means a public school that--
    (1) 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;
    (2) 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;
    (3) 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;
    (4) Provides a program of elementary or secondary education, or 
both;
    (5) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution; \2\
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    \2\ The Department will apply this element of the definition of 
``charter school'' consistent with applicable U.S. Supreme Court 
precedent, including Trinity Lutheran Church of Columbia, Inc. v. 
Comer, 137 S.Ct. 2012 (2017), Espinoza v. Montana Department of 
Revenue, 140 S.Ct. 2246 (2020), and Carson v. Makin, 596 U.S. 
__(2022).
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    (6) Does not charge tuition;
    (7) 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 Individuals with 
Disabilities Education Act (IDEA);
    (8) Is a school to which parents choose to send their children, and 
that--
    (i) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or
    (ii) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network

[[Page 67879]]

of schools), automatically enrolls students who are enrolled in the 
immediate prior grade level of the affiliated charter school and, for 
any additional student openings or student openings created through 
regular attrition in student enrollment in the affiliated charter 
school and the enrolling school, admits students on the basis of a 
lottery as described in clause (i);
    (9) 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;
    (10) Meets all applicable Federal, State, and local health and 
safety requirements;
    (11) Operates in accordance with State law;
    (12) 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
    (13) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    Child with a disability means--
    (1) A child (i) 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, specific 
learning disabilities, deaf-blindness, or multiple disabilities; and 
(ii) who, by reason thereof, needs special education and related 
services.
    (2) 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 (i) experiencing developmental delays, as 
defined by the State and as 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 (ii) who, 
by reason thereof, needs special education and related services. 
(Section 8101(4) of the ESEA)
    Community assets means resources that can be identified and 
mobilized to improve conditions in the charter school and local 
community. These assets may include--
    (1) Human assets, including capacities, skills, knowledge base, and 
abilities of individuals within a community; and
    (2) Social assets, including networks, organizations, businesses, 
and institutions that exist among and within groups and communities. 
(2022 NFP)
    Developer means an individual or group of individuals (including a 
public or private nonprofit organization), which may include teachers, 
administrators and other school staff, parents, or other members of the 
local community in which a charter school project will be carried out. 
(Section 4310(5) of the ESEA)
    Disconnected youth means an individual, between the ages of 14 and 
24, who may be from a low-income background, experiences homelessness, 
is in foster care, is involved in the justice system, or is not working 
or not enrolled in (or at risk of dropping out of) an educational 
institution. (2022 NFP)
    Early childhood education program means--
    (1) 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;
    (2) A State licensed or regulated child care program;
    (3) A program that--
    (i) Serves children from birth through age 6 that addresses the 
children's cognitive (including language, early literacy, and early 
mathematics), social, emotional, and physical development; and
    (ii) Is (A) a State prekindergarten program; (B) a program 
authorized under section 619 (20 U.S.C. 1419) or part C of the IDEA; or 
(C) a program operated by an LEA. (ESEA section 8101(16))
    Educationally disadvantaged student means a student in one or more 
of the categories described in section 1115(c)(2) of the ESEA, which 
include children who are economically disadvantaged, students who are 
children with disabilities, migrant students, English learners, 
neglected or delinquent students, homeless students, and students who 
are in foster care. (2018 NFP)
    Educator means an individual who is an early learning educator, 
teacher, principal or other school or district leader, specialized 
instructional support personnel (e.g., school psychologist, counselor, 
school social worker, early intervention service personnel), 
paraprofessional, or faculty. (2022 NFP)
    English learner, when used with respect to an individual, means an 
individual--
    (1) Who is aged 3 through 21;
    (2) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (3)(i) Who was not born in the United States or whose native 
language is a language other than English;
    (ii)(A) Who is a Native American or Alaska Native, or a native 
resident of the outlying areas; and
    (B) 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
    (iii) 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
    (4) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (i) The ability to meet the challenging State academic standards;
    (ii) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (iii) The opportunity to participate fully in society. (Section 
8101(20) of the ESEA)
    Expand, when used with respect to a high-quality charter school, 
means to significantly increase enrollment or add one or more grades to 
the high-quality charter school. (Section 4310(7) of the ESEA)
    High-quality charter school means a charter school that--
    (1) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (2) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (3) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (4) 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

[[Page 67880]]

the results would reveal personally identifiable information about an 
individual student. (Section 4310(8) of the ESEA)
    Institution of higher education means an educational institution in 
any State that--
    (1) Admits as regular students only persons having a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such a certificate, or persons who meet the 
requirements of section 484(d) of the HEA;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) Provides an educational program for which the institution 
awards a bachelor's degree or provides not less than a 2-year program 
that is acceptable for full credit toward such a degree, or awards a 
degree that is acceptable for admission to a graduate or professional 
degree program, subject to review and approval by the Secretary;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or 
association, or if not so accredited, is an institution that has been 
granted pre-accreditation status by such an agency or association that 
has been recognized by the Secretary for the granting of pre-
accreditation status, and the Secretary has determined that there is 
satisfactory assurance that the institution will meet the accreditation 
standards of such an agency or association within a reasonable time. 
(2018 NFP)
    Logic model (also referred to as theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes. (34 CFR 77.1)
    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). 
(Section 8101(38) of the ESEA)
    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. (Section 4310(9) of the 
ESEA)
    Underserved student means a student in one or more of the following 
subgroups:
    (1) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (2) A student of color.
    (3) A student who is a member of a federally recognized Indian 
Tribe.
    (4) An English learner (as defined in section 8101 of the ESEA).
    (5) A child or student with a disability (as defined in section 
8101 of the ESEA).
    (6) A disconnected youth.
    (7) A migrant student.
    (8) A student experiencing homelessness or housing insecurity.
    (9) A student who is in foster care.
    (10) A pregnant, parenting, or caregiving student.
    (11) A student impacted by the justice system, including a formerly 
incarcerated student.
    (12) A student performing significantly below grade level. (2022 
NFP)
    Application Requirements:
    Applications for CSP CMO Grant funds must address the following 
application requirements. These requirements are from sections 
4303(f)(1) \3\ and 4305(b)(3) of the ESEA, the 2018 NFP, and the 2022 
NFP. The Department will not fund an application that does not meet 
each application requirement. The source of each requirement is 
provided in parentheses following each requirement.
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    \3\ Per section 4305(c) of the ESEA, CSP CMO Grants shall have 
the same terms and conditions as grants awarded to State entities 
under section 4303. For clarity, the Department has replaced the 
term ``State entity'' with ``applicant'' in the requirements that 
derive from section 4303.
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    In addressing the application requirements, applicants must clearly 
identify which application requirement they are addressing. An 
applicant must respond to application requirement (a) in a stand-alone 
section of the application or in an appendix. For all other application 
requirements, an applicant may choose to respond to each requirement 
separately or in the context of the applicant's responses to the 
selection criteria in section V.1 of this notice.
    Applications for funding under the CSP CMO Grant program must--
    (a) Describe the applicant's objectives in running a quality 
charter school program and how the program will be carried out, 
including--
    (1) A description of how the applicant will ensure that charter 
schools receiving funds under this program meet the educational needs 
of their students, including children with disabilities and English 
learners (Section 4303(f)(1)(A)(x) of the ESEA); and
    (2) A description of how the applicant will ensure that each 
charter school receiving funds under this program has considered and 
planned for the transportation needs of the school's students (Section 
4303(f)(1)(E) of the ESEA);
    (b) For each charter school currently operated or managed by the 
applicant, provide--
    (1) Student assessment results for all students and for each 
subgroup of students described in section 1111(c)(2) of the ESEA;
    (2) Attendance and student retention rates for the most recently 
completed school year and, if applicable, the most recent available 4-
year adjusted cohort graduation rates and extended-year adjusted cohort 
graduation rates; and
    (3) Information on any significant compliance and management issues 
encountered within the last 3 school years by any school operated or 
managed by the eligible entity, including in the areas of student 
safety and finance (Section 4305(b)(3)(A) of the ESEA);
    (c) Describe the educational program that the applicant will 
implement in each charter school receiving funding under this program, 
including--
    (1) Information on how the program will enable all students to meet 
the challenging State academic standards;
    (2) The grade levels or ages of students who will be served; and
    (3) The instructional practices that will be used (Section 
4305(b)(3)(B)(ii) of the ESEA);
    (d) Demonstrate that the applicant currently operates or manages 
more than one charter school. For purposes of this program, multiple 
charter schools

[[Page 67881]]

are considered to be separate schools if each school--
    (1) Meets each element of the definition of charter school under 
section 4310(2) of the ESEA; and
    (2) Is treated as a separate school by its authorized public 
chartering agency and the State in which the charter school is located, 
including for purposes of accountability and reporting under title I, 
part A of the ESEA (2018 NFP);
    (e) Provide information regarding any compliance issues, and how 
they were resolved, for any charter schools operated or managed by the 
applicant that have--
    (1) Closed;
    (2) Had their charter(s) revoked due to problems with statutory or 
regulatory compliance, including compliance with sections 4310(2)(G) 
and (J) of the ESEA; or
    (3) Had their affiliation with the applicant revoked or terminated, 
including through voluntary disaffiliation (2018 NFP);
    (f) Provide a complete logic model for the grant project. The logic 
model must include the applicant's objectives for replicating or 
expanding one or more high-quality charter schools with funding under 
this program, including the number of high-quality charter schools the 
applicant proposes to replicate or expand (2018 NFP);
    (g) If the applicant currently operates, or is proposing to 
replicate or expand a single-sex charter school or coeducational 
charter school that provides a single-sex class or extracurricular 
activity (collectively referred to as a ``single-sex educational 
program''), demonstrate that the existing or proposed single-sex 
educational program is in compliance with title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681, et seq.) and its implementing 
regulations, including 34 CFR 106.34 (2018 NFP);
    (h) Describe how the applicant currently operates or manages the 
high-quality charter schools for which it has presented evidence of 
success and how the proposed replicated or expanded charter schools 
will be operated or managed, including the legal relationship between 
the applicant and its schools. If a legal entity other than the 
applicant has entered or will enter into a performance contract with an 
authorized public chartering agency to operate or manage one or more of 
the applicant's schools, the applicant must also describe its 
relationship with that entity (2018 NFP);
    (i) Describe how the applicant will solicit and consider input from 
parents and other members of the community on the implementation and 
operation of each replicated or expanded charter school, including in 
the area of school governance (2018 NFP);
    (j) Describe the lottery and enrollment procedures that will be 
used for each replicated or expanded charter school if more students 
apply for admission than can be accommodated, including how any 
proposed weighted lottery complies with section 4303(c)(3)(A) of the 
ESEA (2018 NFP);
    (k) Describe how the applicant will ensure that all eligible 
children with disabilities receive a free appropriate public education 
in accordance with Part B of the Individuals with Disabilities 
Education Act (2018 NFP);
    (l) Describe how the proposed project will assist educationally 
disadvantaged students in mastering challenging State academic 
standards (2018 NFP);
    (m) Provide a budget narrative, aligned with the activities, target 
grant project outputs, and outcomes described in the logic model, that 
outlines how grant funds will be expended to carry out planned 
activities (2018 NFP);
    (n) Provide the applicant's most recent independently audited 
financial statements prepared in accordance with generally accepted 
accounting principles (2018 NFP);
    (o) Describe the applicant's policies and procedures to assist 
students enrolled in a charter school that closes or loses its charter 
to attend other high-quality schools (2018 NFP);
    (p) Provide--
    (1) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the applicant believes are 
necessary for the successful operation of the charter schools to be 
replicated or expanded; and
    (2) A description of any State or local rules, generally applicable 
to public schools, that will be waived, or otherwise not apply, to such 
schools (2018 NFP);
    (q) Provide a needs analysis and describe the need for the proposed 
project, including how the proposed project would serve the interests 
and meet the needs of students and families in the communities the 
charter school intends to serve. The needs analysis, which may consist 
of information and documents previously submitted to an authorized 
public chartering agency to address need, must include, but is not 
necessarily limited to, the following--
    (1) Descriptions of the local community support, including 
information that demonstrates interest in, and need for, the charter 
school; benefits to the community; and other evidence of demand for the 
charter school that demonstrates a strong likelihood the charter school 
will achieve and maintain its enrollment projections. Such information 
may include information on waiting lists for the proposed charter 
school or existing charter schools or traditional public schools, data 
on access to seats in high-quality public schools in the districts from 
which the charter school expects to draw students, or evidence of 
family interest in specialized instructional approaches proposed to be 
implemented at the charter school.
    (2) Information on the proposed charter school's projected student 
enrollment, and evidence to support the projected enrollment based on 
the needs analysis and other relevant data and factors, such as the 
methodology and calculations used.
    (3) An analysis of the proposed charter school's projected student 
demographics and a description of the demographics of students 
attending public schools in the local community in which the proposed 
charter school would be located and the school districts from which 
students are, or would be, drawn to attend the charter school; a 
description of how the applicant plans to establish and maintain a 
racially and socioeconomically diverse student body, including proposed 
strategies (that are consistent with applicable legal requirements) to 
recruit, admit, enroll, and retain a diverse student body. An applicant 
that is unlikely to establish and maintain a racially and 
socioeconomically diverse student body at the proposed charter school 
because the charter school would be located in a racially or 
socioeconomically segregated or isolated community, or due to the 
charter school's specific educational mission, must describe--
    (i) Why it is unlikely to establish and maintain a racially and 
socioeconomically diverse student body at the proposed charter school;
    (ii) How the anticipated racial and socioeconomic makeup of the 
student body would promote the purposes of the CSP, including to 
provide high-quality educational opportunities to underserved students, 
which may include a specialized educational program or mission; and
    (iii) The anticipated impact of the proposed charter school on the 
racial and socioeconomic diversity of the public schools and school 
districts from which students would be drawn to attend the charter 
school.
    (4) A robust family and community engagement plan designed to 
ensure the active participation of families and the community that 
includes the following--

[[Page 67882]]

    (i) How families and the community were, are, or will be engaged in 
determining the vision and design for the charter school, including 
specific examples of how families' and the community's input was, is, 
or is expected to be incorporated into the vision and design for the 
charter school.
    (ii) How the charter school will meaningfully engage with both 
families and the community to create strong and ongoing partnerships.
    (iii) How the charter school will foster a collaborative culture 
that involves the families of all students, including underserved 
students, in ensuring their ongoing input in school decision-making.
    (5) How the charter school's recruitment, admissions, enrollment, 
and retention policies and practices will engage and accommodate 
students and families from diverse backgrounds, including English 
learners, students with disabilities, and students of color, including 
holding enrollment and recruitment events on weekends or during 
nonstandard work hours, making interpreters available, and providing 
enrollment and recruitment information in widely accessible formats 
(e.g., hard copy and online in multiple languages; as appropriate, 
large print or braille for visually impaired individuals) through 
widely available and transparent means (e.g., online and at community 
locations).
    (6) How the charter school has engaged or will engage families and 
the community to develop an instructional model to best serve the 
targeted student population and their families, including students with 
disabilities and English learners.
    (7) How the plans for the operation of the charter school will 
support and reflect the needs of students and families in the 
community, including consideration of district or community assets and 
how the school's location, or anticipated location if a facility has 
not been secured, will facilitate access for the targeted student 
population (e.g., access to public transportation or other 
transportation options, the demographics of neighborhoods within 
walking distance of the school, and transportation plans and costs for 
students who are not able to walk or use public transportation to 
access the school).
    (8) A description of the steps the applicant has taken or will take 
to ensure that the proposed charter school (1) would not hamper, delay, 
or negatively affect any desegregation efforts in the local community 
in which the charter school would be located or in the public school 
districts from which students are, or would be, drawn to attend the 
charter school, including efforts to comply with a court order, 
statutory obligation, or voluntary efforts to create and maintain 
desegregated public schools; and (2) to ensure that the proposed 
charter school would not otherwise increase racial or socioeconomic 
segregation or isolation in the schools from which the students are, or 
would be, drawn to attend the charter school (2022 NFP);
    (r) For any existing or proposed contract with a for-profit 
management organization (including a nonprofit management organization 
operated by or on behalf of a for-profit entity), without regard to 
whether the management organization or its related entities exercise 
full or substantial administrative control over the charter school or 
the CSP project, provide the following information or equivalent 
information that the applicant has submitted to the authorized public 
chartering agency--
    (1) A copy of the existing contract with the for-profit management 
organization or a description of the terms of the contract, including 
the name and contact information of the management organization; the 
cost (i.e., fixed costs and estimates of any ongoing costs), including 
the amount of CSP funds proposed to be used toward such cost, and the 
percentage such cost represents of the school's total funding; the 
duration; roles and responsibilities of the management organization; 
and steps the applicant will take to ensure that it pays fair market 
value for any services or other items purchased or leased from the 
management organization, makes all programmatic decisions, maintains 
control over all CSP funds, and directly administers or supervises the 
administration of the grant in accordance with 34 CFR 75.701;
    (2) A description of any business or financial relationship between 
the charter school developer and the management organization, including 
payments, contract terms, and any property owned, operated, or 
controlled by the management organization or related individuals or 
entities that will be used by the charter school;
    (3) The name and contact information for each member of the 
governing board of the charter school and list of the management 
organization's officers, chief administrator, and other administrators, 
and any staff involved in approving or executing the management 
contract; and a description of any actual or perceived conflicts of 
interest, including financial interests, and how the applicant resolved 
or will resolve any actual or perceived conflicts of interest to ensure 
compliance with 2 CFR 200.318(c);
    (4) A description of how the applicant will ensure that members of 
the governing board of the charter school are not selected, removed, 
controlled, or employed by the management organization and that the 
charter school's legal, accounting, and auditing services will be 
procured independently from the management organization);
    (5) An explanation of how the applicant will ensure that the 
management contract is severable, severing the management contract will 
not cause the proposed charter school to close, the duration of the 
management contract will not extend beyond the expiration date of the 
school's charter, and renewal of the management contract will not occur 
without approval and affirmative action by the governing board of the 
charter school; and
    (6) A description of the steps the applicant will take to ensure 
that it maintains control over all student records and has a process in 
place to provide those records to another public school or school 
district in a timely manner upon the transfer of a student from the 
charter school to another public school, including due to closure of 
the charter school, in accordance with section 4308 of the ESEA (2022 
NFP); and
    (s) Provide--
    (1) The name and address of the authorized public chartering agency 
that issued the applicant's approved charter or, in the case of an 
applicant that has not yet received an approved charter, the authorized 
public chartering agency to which the applicant has applied;
    (2) A copy of the approved charter or, in the case of an applicant 
that has not yet received an approved charter, a copy of the charter 
application that was submitted to the authorized public chartering 
agency, including the date the application was submitted, and an 
estimated date by which the authorized public chartering agency will 
issue its final decision on the charter application;
    (3) Documentation that the applicant has provided notice to the 
authorized public chartering agency that it has applied for a CSP 
grant; and
    (4) A proposed budget, including a detailed description of any 
post-award planning costs and, for an applicant that does not yet have 
an approved charter, any planning costs expected to be incurred prior 
to the date the authorized public chartering agency issues a decision 
on the charter application. (2022 NFP)
    Assurances:

[[Page 67883]]

    Applicants for CSP CMO Grants must provide the following 
assurances. These assurances are from sections 4303(f)(2) and 
4305(b)(3)(C) of the ESEA and the 2022 NFP. The source of each 
assurance is provided in parentheses following each assurance.
    Applicants for funds under this program must provide assurances 
that--
    (a) The grantee will support charter schools in meeting the 
educational needs of their students, as described in section 
4303(f)(1)(A)(x) of the ESEA. (Section 4303(f)(2)(B) of the ESEA)
    (b) The grantee will ensure that each charter school receiving 
funds under this program makes publicly available, consistent with the 
dissemination requirements of the annual State report card under 
section 1111(h) of the ESEA, including on the website of the school, 
information to help parents make informed decisions about the education 
options available to their children, including--
    (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. (Section 4303(f)(2)(G) of the ESEA)
    (c) The eligible entity has sufficient procedures in effect to 
ensure timely closure of low-performing or financially mismanaged 
charter schools and clear plans and procedures in effect for the 
students in such schools to attend other high-quality schools. (Section 
4305(b)(3)(C) of the ESEA)
    (d) Each charter school it funds has not and will not enter into a 
contract with a for-profit management organization, including a 
nonprofit management organization operated by or on behalf of a for-
profit entity, under which the management organization or its related 
entities exercises full or substantial administrative control over the 
charter school and, thereby, the CSP project. (2022 NFP)
    (e) Any management contract between a charter school that the 
applicant funds and a for-profit management organization, including a 
nonprofit CMO operated by or on behalf of a for-profit entity, 
guarantees or will guarantee that--
    (1) The charter school maintains control over all CSP funds, makes 
all programmatic decisions, and directly administers or supervises the 
administration of the grant;
    (2) The management organization does not exercise full or 
substantial administrative control over the charter school (and, 
thereby, the CSP project), except that this does not limit the ability 
of a charter school to enter into a contract with a management 
organization for the provision of services that do not constitute full 
or substantial control of the charter school project funded under the 
CSP (e.g., food or payroll services) and that otherwise comply with 
statutory and regulatory requirements;
    (3) The charter school's governing board has access to financial 
and other data pertaining to the charter school, the management 
organization, and any related entities; and
    (4) The charter school is in compliance with applicable Federal and 
State laws and regulations governing conflicts of interest, and there 
are no actual or perceived conflicts of interest between the charter 
school and the management organization. (2022 NFP)
    (f) Each charter school that the applicant funds will post on its 
website, on an annual basis, a copy of any management contract between 
the charter school and a for-profit management organization, including 
a nonprofit management organization operated by or on behalf of a for-
profit entity, and report information on such contract to the 
Department, including--
    (1) A copy of the existing contract with the for-profit management 
organization or description of the terms of the contract, including the 
name and contact information of the management organization, the cost 
(i.e., fixed costs and estimates of any ongoing costs), including the 
amount of CSP funds proposed to be used toward such costs, and the 
percentage such cost represents of the charter school's total funding, 
the duration, roles and responsibilities of the management 
organization, the steps the charter will take to ensure that it pays 
fair market value for any services or other items purchased or leased 
from the management organization, and the steps the charter school is 
taking to ensure that it makes all programmatic decisions, maintains 
control over all CSP funds, and directly administers or supervises the 
administration of the grant in accordance with 34 CFR 75.701;
    (2) A description of any business or financial relationship between 
the charter school developer or CMO and the management organization, 
including payments, contract terms, and any property owned, operated, 
or controlled by the management organization or related individuals or 
entities to be used by the charter school;
    (3) The names and contact information for each member of the 
governing boards of the charter school and a list of management 
organization's officers, chief administrator, and other administrators, 
and any staff involved in approving or executing the management 
contract; and a description of any actual or perceived conflicts of 
interest, including financial interests, and how the applicant resolved 
or will resolve any actual or perceived conflicts of interest to ensure 
compliance with 2 CFR 200.318(c); and
    (4) A description of how the charter school ensured that such 
contract is severable and that a change in management companies will 
not cause the proposed charter school to close. (2022 NFP)
    (g) Each charter school that the applicant funds will disclose, as 
part of the enrollment process, any policies and requirements (e.g., 
purchasing and wearing specific uniforms and other fees, or 
requirements for family participation), and any services that are or 
are not provided, that could impact a family's ability to enroll or 
remain enrolled in the school (e.g., transportation services or 
participation in the National School Lunch Program). (2022 NFP)
    (h) Each charter school that the applicant funds will hold or 
participate in a public hearing in the local community in which the 
proposed charter school would be located to obtain information and 
feedback regarding the potential benefit of the charter school, which 
shall at least include how the proposed charter school will increase 
the availability of high-quality public school options for underserved 
students, promote racial and socioeconomic diversity in such community 
or have an educational mission to serve primarily underserved students, 
and not increase racial or socioeconomic segregation or isolation in 
the school districts from which students would be drawn to attend the 
charter school (consistent with applicable laws). Applicants must 
ensure that the hearing (and notice thereof) is accessible to 
individuals with disabilities and limited English proficient 
individuals as required by law, actively solicit participation in the 
hearing (i.e., provide widespread and timely notice of the hearing), 
make good faith efforts to accommodate as many

[[Page 67884]]

people as possible (e.g., hold the hearing at a convenient time for 
families or provide virtual participation options), and submit a 
summary of the comments received as part of the application. The 
hearing may be conducted as part of the charter authorizing process, 
provided it meets the requirements above. (2022 NFP)
    (i) Each charter school that the applicant funds will not use any 
implementation funds for a charter school until after the charter 
school has received a charter from an authorized public chartering 
agency and has a contract, lease, mortgage, or other documentation 
indicating that it has a facility in which to operate. Consistent with 
sections 4303(b)(1), 4303(h)(1)(B), and 4310(6) of the ESEA, an 
eligible applicant may use CSP planning funds for post-award planning 
and design of the educational program of a proposed new or replicated 
high-quality charter school that has not yet opened, which may include 
hiring and compensating teachers, school leaders, and specialized 
instructional support personnel; providing training and professional 
development to staff; and other critical planning activities that need 
to occur prior to the charter school opening when such costs cannot be 
met from other sources. (2022 NFP)
    (j) Each applicant must provide an assurance that, within 120 days 
of the date of the grant award notification (GAN), the grantee will 
post on its website:
    (1) A list of the charter schools slated to receive CSP funds, 
including the following for each school:
    (i) The name, address, and grades served.
    (ii) A description of the educational model.
    (iii) If the charter school has contracted with a for-profit 
management organization, the name of the management organization, the 
amount of CSP funding the management organization will receive from the 
school, and a description of the services to be provided.
    (iv) The award amount, including any funding that has been approved 
for the current year and any additional years of the CSP grant for 
which the school will receive support.
    (v) The grant (redacted as necessary).
    (2) As applicable for CMO grants, such a list must be updated at 
least annually and provide the anticipated number of charter schools 
that will receive CSP planning funds before securing a facility.
    Note: The Department recognizes that the charter approval process 
may exceed the 18-month planning period prescribed under section 
4303(d)(1)(B) of the ESEA. In such a case, a grantee may request a 
waiver from the Department under section 4303(d)(5), to enable the 
grantee to amend its approved application to extend the 18-month 
planning period prescribed by section 4303(d)(1)(B). Under section 
4303(d)(5) of the ESEA, the Secretary, in his discretion, may waive any 
statutory or regulatory requirement over which he exercises 
administrative authority, except the requirements related to the 
definition of ``charter school'' in section 4310(2) of the ESEA, 
provided that the waiver is requested in an approved application and 
the Secretary determines that granting the waiver will promote the 
purposes of the CSP. It is also worth noting that a grantee may request 
approval from the Department, as appropriate, to amend its approved 
application and budget to cover additional planning costs that it may 
incur due to an unexpected delay in the charter approval process.
    Program Authority: Title IV, part C of the ESEA, as amended.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    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 the Department in 2 CFR 
part 3474. (d) The 2018 NFP. (e) The 2022 NFP.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $95,000,000.
    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: $250,000 to $15,000,000 per year.
    Estimated Average Size of Awards: $2,000,000 per year.
    Maximum Award: See Reasonable and Necessary Costs in section III.4 
for information regarding the maximum amount of funds that may be 
awarded per charter school.
    Estimated Number of Awards: 15-20.
    Note: The Department is not bound by any estimates in this notice. 
The estimated range and average size of awards are based on a single 
12-month budget period. We may use available funds to support multiple 
12-month budget periods for one or more grantees.
    Project Period: Up to 60 months.
    A grant awarded by the Secretary under this competition may be for 
a period of not more than 5 years, of which the grantee may use not 
more than 18 months for planning and program design. (Section 
4303(d)(1)(B) of the ESEA)

III. Eligibility Information

    1. Eligible Applicants: CMOs. Eligible applicants may apply 
individually or as part of a group or consortium.
    Note: If you are a nonprofit organization, under 34 CFR 75.51, you 
may demonstrate your nonprofit status by providing: (1) proof that the 
Internal Revenue Service currently recognizes the applicant as an 
organization to which contributions are tax deductible under section 
501(c)(3) of the Internal Revenue Code; (2) a statement from a State 
taxing body or the State attorney general certifying that the 
organization is a nonprofit organization operating within the State and 
that no part of its net earnings may lawfully benefit any private 
shareholder or indivi