Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program-Grants for Credit Enhancement for Charter School Facilities, 30100-30106 [2023-09952]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30100-30106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09952]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program--Grants for Credit Enhancement for 
Charter School Facilities

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 fiscal year (FY) 2023 for Charter Schools 
Program (CSP)--Grants for Credit Enhancement for Charter School 
Facilities (Credit Enhancement), Assistance Listing Number 84.354A. 
This notice relates to the approved information collection under OMB 
control number 1810-0775.

DATES: 
    Applications Available: May 10, 2023.
    Notice of Intent to Apply: Applicants are strongly encouraged but 
not required to submit a notice of intent to apply by May 25, 2023. 
Applicants who do not meet this deadline may still apply.
    Deadline for Transmittal of Applications: June 26, 2023.
    Deadline for Intergovernmental Review: August 23, 2023.
    Pre-Application Webinar Information: The Credit Enhancement program 
intends to hold a webinar to provide technical assistance to interested 
applicants. Detailed information regarding this webinar will be 
provided at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/credit-enhancement-for-charter-school-facilities-program/applicant-info-and-eligibility/.
    Note: For new potential grantees unfamiliar with grantmaking at the 
Department, please consult our ``Getting Started with Discretionary 
Grant Applications web page'' at https://www2.ed.gov/fund/grant/about/discretionary/.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common

[[Page 30101]]

Instructions for Applicants to Department of Education Discretionary 
Grant Programs, published in the Federal Register on December 7, 2022 
(87 FR 75045), and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that 
these Common Instructions supersede the version published on December 
27, 2021.

FOR FURTHER INFORMATION CONTACT: Clifton Jones, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E211, Washington, DC 20202. 
Telephone: 202-205-2204. Email: [email protected].
    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 Credit Enhancement program provides grants 
to eligible entities to demonstrate innovative methods of helping 
charter schools address the cost of acquiring, constructing, and 
renovating facilities by enhancing the availability of loans and bond 
financing.
    Background:
    Charter schools are public schools that serve large percentages of 
underserved student groups. Lack of access to adequate facilities is 
one of the biggest obstacles to creating and expanding charter schools 
as cited by charter school leaders.\1\ In 2021, the General Accounting 
Office (GAO) issued a report identifying the challenges charter schools 
encounter with locating and securing charter school facilities and 
government assistance. In this report, the GAO identified the following 
four challenges unique to charter schools when trying to secure charter 
school facilities and funding: (1) affordability and limited access to 
state and local funding and affordable private loans as well as rising 
real estate costs and renovation expenses; (2) availability of safe and 
secure building space and lack of amenities (e.g., a cafeteria or 
playground) or safe and secure building space and limited access to 
buildings; (3) lack of consistent local support and inconsistent 
assistance by local governments and school districts for charter school 
facilities' needs; and (4) limited staff expertise in facilities 
management.\2\ The Credit Enhancement grant program responds to all of 
these challenges and the underlying, shared cause--accessing capital.
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    \1\ https://facilitycenter.publiccharters.org/school-leaders.
    \2\ K-12 Education: Challenges Locating and Securing Charter 
School Facilities and Government Assistance--Briefing to the 
Republican Leader, House Committee on Education and Labor--August 2, 
2021.
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    The Credit Enhancement program provides grant funds to financial 
institutions to enhance the credit of charter schools so they can 
access private and non-federal capital to finance facility projects and 
pay affordable interest rates. Access to capital via the Credit 
Enhancement program allows participating charter school leaders to 
focus on the educational mission while the Credit Enhancement grantees 
focus on the business of financing, designing, and constructing a 
facility built to suit the unique needs of the school model, student 
population, and budget. Access to high-quality school facilities is an 
essential component of providing equitable, high-quality education to 
all students.
    In his January 2023 speech, the Secretary encouraged all 
stakeholders to ``raise the bar'' in education to provide opportunities 
for students to reach new heights in the classroom, in their careers, 
and in their lives and communities, making a positive difference in the 
world for generations to come. One component of raising the bar for the 
charter school sector is to ensure that charter schools, including 
those operating in our most distressed communities, have access to and 
operate high-quality facilities. The unique challenges charter schools 
face in accessing high-quality facilities mean that a disproportionate 
number of low-income students and students of color in distressed 
communities are left waiting and denied opportunities for comprehensive 
and rigorous learning experiences. In expanding access to high-quality 
facilities with the Credit Enhancement grant program, we raise the bar 
for those charter schools that serve low-income students and students 
of color located in low-resourced, underfunded areas.\3\
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    \3\ Strengthening Federal Investment in Charter School 
Facilities, February 2018, National Alliance for Public Charter 
Schools and National Charter School Resource Center (2020). A 
Synthesis of Research on Charter School Facilities. Bethesda, MD: 
Manhattan Strategy Group.
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    Definitions:
    The following definitions apply to this program. The definition of 
``charter school'' is from section 4310 of the Elementary and Secondary 
Education Act of 1965, as amended by the Every Students Succeeds Act 
(ESEA) (20 U.S.C. 7221i), and the remainder are from 34 CFR 77.1.
    Baseline means the starting point from which performance is 
measured and targets are set.
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements in section 4310 of the ESEA;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with the Age Discrimination Act of 1975 (42 U.S.C. 
6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), section 444 of the General Education Provisions Act (20 U.S.C. 
1232g) (commonly referred to as the ``Family Educational Rights and 
Privacy Act of 1974''), and part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.);
    (h) Is a school to which parents choose to send their children, and 
that--(i) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA (20 U.S.C. 7221b(c)(3)(A)), if more 
students apply for admission than can be accommodated; or (ii) In the 
case of a school that has an affiliated charter school (such as a 
school that is part of the same network of schools), automatically 
enrolls students who are enrolled in the immediate prior grade level of 
the affiliated charter school and, for any additional student openings 
or student openings created through regular attrition in student 
enrollment in the affiliated charter school and the enrolling school, 
admits students on the

[[Page 30102]]

basis of a lottery as described in paragraph (h)(i);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students.
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance.
    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.
    Program Authority: 20 U.S.C. 7221c.
    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, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The regulations for this program in 34 CFR part 225.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $50,000,000.
    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 $20,000,000.
    Estimated Average Size of Awards: $11,000,000.
    Maximum Award: We will not award a grant for more than $20,000,000 
for a grant project.
    Estimated Number of Awards: 4.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: From the start date indicated on the grant award 
document until the Federal funds and earnings on those funds have been 
expended for the grant purposes or until financing facilitated by the 
grant has been retired, whichever is later.

III. Eligibility Information

    1. Eligible Applicants: (a) A public entity, such as a State or 
local governmental entity; (b) A private, nonprofit entity; or (c) A 
consortium of entities described in (a) and (b).
    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 individual; (3) a certified copy of the applicant's 
certificate of incorporation or similar document if it clearly 
establishes the nonprofit status of the applicant; or (4) any item 
described above if that item applies to a State or national parent 
organization, together with a statement by the State or parent 
organization that the applicant is a local nonprofit affiliate.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Supplement-Not-Supplant: This competition does not involve 
supplement-not-supplant funding requirements.
    c. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: Consistent with section 4304(g) 
of the ESEA (20 U.S.C. 7221c(g)), an eligible entity may use not more 
than 2.5 percent of the funds received under this program for the 
administrative costs of carrying out its responsibilities under this 
program.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Other: The charter schools that a grantee selects to benefit 
from this program must meet the definition of charter school in section 
4310(2) of the ESEA (20 U.S.C. 7221i(2)). Additionally, with respect to 
component (B) of the definition of ``charter school,'' which requires 
that a school be a public school operated under public supervision and 
direction, each charter school selected to benefit from this program 
must assure the grantee that is has not relinquished full or 
substantial control of the charter school to a for-profit management 
organization (also referred to as an education management organization) 
or other for-profit entity; and each charter school must assure the 
grantee that it is fiscally responsible and transparent, particularly 
with respect to contractual relationships with for-profit management 
organizations.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on December 7, 2022 (87 FR 75045), and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application. Please note that these Common Instructions 
supersede the version published on December 27, 2021.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the Credit 
Enhancement 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

[[Page 30103]]

Information Act (5 U.S.C. 552, as amended). Because we plan to post on 
our website the application narrative sections of successful 
applications, 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. For 
additional information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    4. Funding Restrictions:
    (a) Reserve accounts. Under 20 U.S.C. 7221c(f), an eligible entity 
receiving a grant must, in accordance with State and local law, 
directly or indirectly, alone or in collaboration with others, deposit 
the funds received, other than funds used for administrative costs, in 
a reserve account established and maintained by the eligible entity for 
this purpose. Amounts deposited in such account must be used by the 
eligible entity for one or more of the following purposes: (1) 
Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, 
loans, and interests therein, the proceeds of which are used for an 
objective described in paragraph (b). (2) Guaranteeing and insuring 
leases of personal and real property for an objective described in 
paragraph (b). (3) Facilitating financing by identifying potential 
lending sources, encouraging private lending, and other similar 
activities that directly promote lending to, or for the benefit of, 
charter schools. (4) Facilitating the issuance of bonds by charter 
schools, or by other public entities for the benefit of charter 
schools, by providing technical, administrative, and other appropriate 
assistance (including the recruitment of bond counsel, underwriters, 
and potential investors, and the consolidation of multiple charter 
school projects within a single bond issue). Funds received and 
deposited in the reserve account must be invested in obligations issued 
or guaranteed by the United States or a State, or in other similarly 
low-risk securities. Any earnings on funds received must be deposited 
in the reserve account and used in accordance with this program.
    (b) Charter school objectives. Under 20 U.S.C. 7221c(e), an 
eligible entity receiving a grant must use the funds deposited in the 
reserve account to assist one or more charter schools to access private 
sector capital to accomplish one or more of the following objectives: 
(1) The acquisition (by purchase, lease, donation, or otherwise) of an 
interest (including an interest held by a third party for the benefit 
of a charter school) in improved or unimproved real property that is 
necessary to commence or continue the operation of a charter school. 
(2) The construction of new facilities, or the renovation, repair, or 
alteration of existing facilities, necessary to commence or continue 
the operation of a charter school. (3) The predevelopment costs 
required to assess sites for purposes of paragraph (1) or (2) and that 
are necessary to commence or continue the operation of a charter 
school.
    (c) Reasonable costs. Grantees must ensure that all costs incurred 
using funds from the reserve account are reasonable and allowable. We 
specify unallowable costs in 34 CFR 225.21.
    (d) No full faith and credit for grantee obligation. No financial 
obligation of a grantee under this program (such as an obligation under 
a guarantee, bond, note, evidence of debt, or loan) shall be an 
obligation of, or guaranteed in any respect by, the United States. The 
full faith and credit of the United States are not pledged to the 
payment of funds that may be required to be paid under any obligation 
made by a grantee under this program. In the event of a default on any 
debt or other obligation, the United States has no liability to cover 
the cost of the default.
    (e) Performance Agreement. Grantees must enter into a written 
Performance Agreement with the Department and may not draw down funds 
prior to approval of the agreement by the Department, unless the 
grantee receives written permission from the Department in the interim 
to draw down a specific limited amount of funds.
    (f) Standards of conduct. Grantees must maintain and enforce 
standards of conduct governing the performance of their employees, 
officers, directors, trustees, and agents engaged in the selection, 
award, and administration of contracts or agreements related to this 
grant. The standards of conduct must mandate disinterested decision-
making.
    (g) Recovery of funds. The Secretary, in accordance with chapter 37 
of title 31 of the United States Code, will collect the funds in the 
reserve account established with grant funds (including any earnings on 
those funds) as follows: (1) All or a portion of the funds if the 
Secretary determines that the grantee has permanently ceased to use 
such funds to accomplish the purposes described in the authorizing 
statute and the Performance Agreement; or (2) All of the funds if the 
Secretary determines that, not earlier than 2 years after the date on 
which it first receives these funds, the grantee has failed to make 
substantial progress in undertaking the grant project.
    (h) We reference additional regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 40 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, and resumes. 
However, the recommended page limit does apply to all of the 
application narrative.
    6. Notice of Intent to Apply: The Department will be able to review 
grant applications more efficiently if we know the approximate number 
of applicants that intend to apply. Therefore, we strongly encourage 
each potential applicant to notify us of their intent to submit an 
application. To do so, please email the program contact person listed 
under FOR FURTHER INFORMATION CONTACT with the subject line ``Intent to 
Apply,'' and include the applicant's name, a contact person's name and 
email address, and the Assistance Listing Number. Applicants that do 
not submit a notice of intent to apply may still apply for funding.

[[Page 30104]]

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 225.11 and are as follows:
    (a) Quality of project design and significance (35 points). In 
determining the quality of project design and significance, the 
Secretary considers--
    (1) The extent to which the grant proposal would provide financing 
to charter schools at better rates and terms than they can receive 
absent assistance through the program;
    (2) The extent to which the project goals, objectives, and timeline 
are clearly specified, measurable, and appropriate for the purpose of 
the program;
    (3) The extent to which the project implementation plan and 
activities, including the partnerships established, are likely to 
achieve measurable objectives that further the purposes of the program;
    (4) The extent to which the project is likely to produce results 
that are replicable;
    (5) The extent to which the project will use appropriate criteria 
for selecting charter schools for assistance and for determining the 
type and amount of assistance to be given;
    (6) The extent to which the proposed activities will leverage 
private or public sector funding and increase the number and variety of 
charter schools assisted in meeting their facilities needs more than 
would be accomplished absent the program;
    (7) The extent to which the project will serve charter schools in 
States with strong charter laws, consistent with the criteria for such 
laws in section 4303(g)(2) of the ESEA; and
    (8) The extent to which the requested grant amount and the project 
costs are reasonable in relation to the objectives, design, and 
potential significance of the project.
    (b) Quality of project services (15 points). In determining the 
quality of the project services, the Secretary considers--
    (1) The extent to which the services to be provided by the project 
reflect the identified needs of the charter schools to be served;
    (2) The extent to which charter schools and chartering agencies 
were involved in the design of, and demonstrate support for, the 
project;
    (3) The extent to which the technical assistance and other services 
to be provided by the proposed grant project involve the use of cost-
effective strategies for increasing charter schools' access to 
facilities financing, including the reasonableness of fees and lending 
terms; and
    (4) The extent to which the services to be provided by the proposed 
grant project are focused on assisting charter schools with a 
likelihood of success and the greatest demonstrated need for assistance 
under the program.
    (c) Capacity (35 points). In determining an applicant's business 
and organizational capacity to carry out the project, the Secretary 
considers--
    (1) The amount and quality of experience of the applicant in 
carrying out the activities it proposes to undertake in its 
application, such as enhancing the credit on debt issuances, 
guaranteeing leases, and facilitating financing;
    (2) The applicant's financial stability;
    (3) The ability of the applicant to protect against unwarranted 
risk in its loan underwriting, portfolio monitoring, and financial 
management;
    (4) The applicant's expertise in education to evaluate the 
likelihood of success of a charter school;
    (5) The ability of the applicant to prevent conflicts of interest, 
including conflicts of interest by employees and members of the board 
of directors in a decision-making role;
    (6) If the applicant has co-applicants (consortium members), 
partners, or other grant project participants, the specific resources 
to be contributed by each co-applicant (consortium member), partner, or 
other grant project participant to the implementation and success of 
the grant project;
    (7) For State governmental entities, the extent to which steps have 
been or will be taken to ensure that charter schools within the State 
receive the funding needed to obtain adequate facilities; and
    (8) For previous grantees under the charter school facilities 
programs, their performance in implementing these grants.
    Note: The 35 available points under this selection criterion will 
be allocated evenly among the factors applicable to a particular 
applicant. For example, for an applicant for which none of factors (6)-
(8) apply, the 35 available points will be allocated among the first 
five factors. Similarly, for an applicant that is a State governmental 
entity that is a previous grantee under the charter school facilities 
programs, the 35 available points will be allocated evenly among 
factors (1)-(5), (7), and (8).
    (d) Quality of project personnel (15 points). In determining the 
quality of project personnel, the Secretary considers--
    (1) The qualifications of project personnel, including relevant 
training and experience, of the project manager and other members of 
the project team, including consultants or subcontractors; and
    (2) The staffing plan for the grant project.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality. In addition, in making a 
competitive grant award, the Secretary requires various assurances, 
including those applicable to Federal civil rights laws that prohibit 
discrimination in programs or activities receiving Federal financial 
assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 
110.23).
    3. Risk Assessment and Specific Conditions. Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System. If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(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

[[Page 30105]]

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.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

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 an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: The Department has developed the following 
performance measures for the purpose of Department reporting under 34 
CFR 75.110:
    (a) Program Performance Measures. The performance measures for this 
program are: (1) The amount of funding grantees leverage for charter 
schools to acquire, construct, and renovate school facilities; and (2) 
the number of charter schools served. Grantees must provide information 
that is responsive to these measures as part of their annual 
performance reports.
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the project and program. Applicants 
must provide the following information, as directed by 34 CFR 
75.110(b):
    (1) Project Performance Measures. How each proposed project-
specific performance measure would accurately measure the performance 
of the project and how the proposed project-specific performance 
measure would be consistent with the performance measures established 
for the program funding the competition.
    (2) Project Performance Targets. Why each proposed performance 
target is ambitious yet achievable compared to the baseline for the 
performance measure and when, during the project period, the applicant 
would meet the performance target(s).
    Note: The Secretary encourages applicants to consider measures and 
targets tied to their grant activities during the grant period. The 
measures should be sufficient to gauge the progress throughout the 
grant period and show results by the end of the grant period.
    (3) Data Collection and Reporting. (i) The data collection and 
reporting methods the applicant would use and why those methods are 
likely to yield reliable, valid, and meaningful performance data; and 
(ii) The applicant's capacity to collect and report reliable, valid, 
and meaningful performance data, as evidenced by high-quality data 
collection, analysis, and reporting in other projects or research.
    Note: If applicants do not have experience with collection and 
reporting of performance data through other projects or research, they 
should provide other evidence of their capacity to successfully carry 
out data collection and reporting for their proposed project.
    6. Project Directors' Meeting: Applicants approved for funding 
under this competition must attend a meeting for project directors at a 
location to be determined in the continental United States during each 
year of the project. Applicants may include the cost of attending this 
meeting as an administrative cost in their proposed budgets.
    7. Technical Assistance: Grantees under this competition must 
participate in all Credit Enhancement program technical assistance 
offerings provided by the Department and its contractual technical 
assistance providers and partners throughout the life of the project.

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain

[[Page 30106]]

this document and a copy of the application package in an accessible 
format. The Department will provide the requestor with an accessible 
format that may include Rich Text Format (RTF) or text format (txt), a 
thumb drive, an MP3 file, braille, large print, audiotape, or compact 
disc, or other accessible format.
    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.

James F. Lane,
Principal Deputy Assistant Secretary, Delegated the Authority to 
Perform the Functions and Duties of the Assistant Secretary, Office of 
Elementary and Secondary Education.
[FR Doc. 2023-09952 Filed 5-9-23; 8:45 am]
BILLING CODE 4000-01-P