Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-State Charter School Facilities Incentive Grant (SFIG) Program, 31151-31157 [2024-08731]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31151-31157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08731]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--State Charter School Facilities 
Incentive Grant (SFIG) Program

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) 2024 for the SFIG Program, 
Assistance Listing Number (ALN) number 84.282D. This notice relates to 
the approved information collection under OMB control number 1855-0012.

DATES: 
    Applications Available: April 24, 2024.
    Notice of Intent to Apply: Applicants are strongly encouraged but 
not required to submit a notice of intent to apply by June 24, 2024. 
Applicants who do not meet this deadline may still apply.
    Deadline for Transmittal of Applications: July 23, 2024.
    Deadline for Intergovernmental Review: September 23, 2024.
    Pre-Application Webinar Information: The SFIG Program intends to 
hold a webinar designed to provide technical

[[Page 31152]]

assistance to interested applicants. Detailed information regarding 
this webinar will be provided on the SFIG Program web page at https://oese.ed.gov/offices/office-of-discretionary-grants-support-services/charter-school-programs/state-charter-school-facilities-incentive-grants/.
    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 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.

FOR FURTHER INFORMATION CONTACT: Clifton Jones, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970. 
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 SFIG Program is authorized under Title IV, 
Part C of the Elementary and Secondary Education Act of 1965, as 
amended by Every Student Succeeds Act (ESEA) (20 U.S.C. 7221k). Through 
the SFIG Program, the Department provides grants to eligible States to 
help them establish or enhance, and administer, a per-pupil facilities 
aid program for charter schools in the State, that is specified in 
State law, and provides annual financing, on a per-pupil basis, for 
charter school facilities.
    Background:
    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 Government Accountability Office (GAO) 
issued a report identifying the challenges charter schools encounter 
with locating and securing charter school facilities and government 
assistance that can address these challenges, such as per-pupil 
allowances, which provide extra funds to help cover facility expenses. 
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) 
and limited access to buildings; (3) inconsistent assistance for 
charter school facilities' needs and, (4) limited staff expertise in 
facilities management.\2\
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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 Secretary has encouraged all stakeholders to ``Raise the Bar: 
Lead the World'' 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. Ensuring students have access to safe, healthy, 
sustainable, and equitable physical learning environments is a critical 
component of the ``Raise the Bar: Lead the World'' initiative. The SFIG 
Program can support charter schools that serve students from low-income 
backgrounds and students of color located in low-resourced, underfunded 
areas in providing access to high-quality facilities.3 4 The 
Secretary also seeks to address challenges novice applicants may face, 
including supporting States in their efforts to establish and enhance 
or administer a per-pupil facilities aid program for charter schools.
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    \3\ National Alliance for Public Charter Schools (2018). 
Strengthening Federal Investment in Charter School Facilities.
    \4\ National Charter School Resource Center (2020). A Synthesis 
of Research on Charter School Facilities. Bethesda, MD: Manhattan 
Strategy Group.
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    Priority: This notice includes a competitive preference priority. 
In accordance with 34 CFR 75.105(b)(2)(ii), this priority is from 34 
CFR 226.14(b).
    Competitive Preference Priority: For FY 2024 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority.
    Under 34 CFR 75.105(c)(2)(i) we award an additional 10 points to 
those applicants that meet this priority.
    This priority is:
    Applicants that have not previously received a grant under the 
program.
    Definitions:
    The following definitions are from sections 4310(1), 4310(2), 
4304(k)(1), and 8101(48) of the ESEA (20 U.S.C. 7221i(1), 7221i(2), 
7221c(k)(1), 7801)), and 34 CFR 77.1(c).
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure. (34 CFR 77.1)
    Authorized public chartering agency means a State educational 
agency, local educational agency, or other public entity that has the 
authority pursuant to State law and approved by the Secretary to 
authorize or approve a charter school. (Section 4310(1) of the ESEA)
    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

[[Page 31153]]

``Family Educational Rights and Privacy Act of 1974''), and part B of 
the Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
seq.);
    (h) Is a school to which parents choose to send their children, and 
that--
    (i) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA (20 U.S.C. 7221b(c)(3)(A)), if more 
students apply for admission than can be accommodated; or
    (ii) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in paragraph (h)(i);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood education programs or 
postsecondary students. (Section 4310(2) of the ESEA)
    Note: Pursuant to the definition of authorized public chartering 
agency in section 4310(1) of the ESEA, for a school to qualify as a 
charter school under section 4310(2) and receive Federal CSP funds, the 
grantee must assure that each charter school served was authorized by 
an ``authorized public charter agency'' as defined in section 4310(1) 
of the ESEA. Section 4310(1) of the ESEA defines an ``authorized public 
charter agency'' as''a State educational agency, local educational 
agency, or other public entity that has the authority pursuant to State 
law and approved by the Secretary to authorize or approve a charter 
school.''
    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)
    Per-pupil facilities aid program means a program in which a State 
makes payments, on a per-pupil basis, to charter schools to provide the 
schools with financing--
    (a) That is dedicated solely to funding charter school facilities; 
or
    (b) A portion of which is dedicated for funding charter school 
facilities. (20 U.S.C. 7221c(k)(1))
    Public means as applied to an agency, organization, or institution 
that the agency, organization, or institution is under the 
administrative supervision or control of a government other than the 
Federal Government. (34 CFR 77.1)
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas. (section 
8101(48) of the ESEA)
    Program Authority: Title IV, Part C Section 4304 of the ESEA, as 
amended (20 U.S.C. 7221(c)).
    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, 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 and 2 CFR part 184. (d) The regulations for this program in 
34 CFR part 226.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: For FY 2024, the Administration received 
$440,000,000 for the CSP, of which we would use an estimated 
$30,000,000 for awards under this competition.
    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: $1,000,000 to $10,000,000.
    Estimated Average Size of Awards: $10,000,000.
    Estimated Number of Awards: 1-3.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: States. In order to be eligible to receive 
a grant, a State shall establish or enhance, and administer, a per-
pupil facilities aid program for charter schools in the State, that--
    (a) Is specified in State law; and
    (b) Provides annual financing, on a per-pupil basis, for charter 
school facilities.
    Note: A State that is required under State law to provide charter 
schools with access to adequate facility space, but that does not have 
a per-pupil facilities aid program for charter schools specified in 
State law, is eligible to receive a grant if the State agrees to use 
the funds to develop a per-pupil facilities aid program consistent with 
the requirements in this notice inviting applications.
    2. a. Cost Sharing or Matching: Under section 4304(k)(2)(C) of the 
ESEA, a State must provide a State share of the total cost of the 
project. The minimum State share of the total cost of the project 
increases each year of the grant, from:
 10 percent in the first year
 20 percent in the second year
 40 percent in the third year
 60 percent in the fourth year
 80 percent in the fifth year.

    Note: A State may partner with one or more organizations, and such 
organizations may provide up to 50 percent of the State share of the 
cost of establishing or enhancing, and administering, the per-pupil 
facilities aid program.
    Applicants that are provisionally selected to receive grants will 
not receive grant funds unless they demonstrate, by September 1, 2024, 
that they are, or will be able to, provide the State share required 
under this program.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Under section 4110 of the ESEA (20 
U.S.C. 7120), program funds must be used to supplement, and not 
supplant, State and local public funds expended to provide per-pupil 
facilities aid programs, operations financing programs, or other 
programs, for charter

[[Page 31154]]

schools. Therefore, the Federal funds provided under this program, as 
well as the matching funds provided by the grantee, must be in addition 
to the State and local funds that would otherwise be used for this 
purpose in the absence of this Federal program. The Department 
generally considers that State and local funds would be available for 
this purpose at least in the amount of the funds that was available in 
the preceding year and that the Federal funds and matching funds under 
this program would supplement that amount.
    c. Indirect Cost Rate Information: This program uses a restricted 
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: State grantees may use up to 
five percent of their grant award for administrative expenses that 
include: indirect costs, evaluation, technical assistance, 
dissemination, personnel costs, and any other costs involved in 
administering the State's per-pupil facilities aid program. (34 CFR 
226.22)
    Charter school subgrantees may use grant funds for administrative 
costs that are necessary and reasonable for the proper and efficient 
performance and administration of this Federal grant. This use of 
funds, as well as indirect costs and rates, must comply with EDGAR and 
the Office of Management and Budget Circular A-87 (Cost Principles for 
State, Local, and Indian Tribal Governments).
    Consistent with the requirements in 34 CFR 75.564(c)(2), any 
charter school subgrantees that use grant funds for construction 
activities may not be reimbursed for indirect costs for those 
activities. (34 CFR 226.23)
    3. Build America, Buy America Act: This program is subject to the 
Build America, Buy America Act (Pub. L. 117-58) domestic sourcing 
requirements. Accordingly, under this program, grantees and contractors 
may not use their grant funds for infrastructure projects or activities 
(e.g., construction, remodeling, and broadband infrastructure) unless--
    (a) All iron and steel used in the infrastructure project or 
activity are produced in the United States;
    (b) All manufactured products used in the infrastructure project or 
activity are produced in the United States; and
    (c) All construction materials are manufactured in the United 
States.
    Grantees may request waivers to these requirements by submitting a 
Build America, Buy America Act Waiver Request Form. For more 
information, including a link to the Waiver Request Form, see the 
Department's Build America Buy America Waiver website at: https://www2.ed.gov/policy/fund/guid/buy-america/.
    4. Other: The charter schools that a grantee selects to benefit 
from this program must meet the definition of charter school in in 
section 4310(2) of the ESEA (20 U.S.C. 7221i(2)). The definitions of 
charter school, per-pupil facilities aid programs, and authorized 
public chartering agency are in sections 4310(2), 4304(k)(1), and 
4310(1) of the ESEA (20 U.S.C. 7221) and included in this notice. 
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. To fulfill this requirement, 
in selecting each charter school that it will serve under the State 
Incentive program, the grantee must obtain an assurance from the school 
that it meets each of the components of the definition of ``charter 
school''in section 4310(2) of the ESEA).

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.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the State Charter 
School Facilities Incentive Grants Program, your application may 
include business information that you consider proprietary. In 34 CFR 
5.11, we define ``business information'' and describe the process we 
use in determining whether any of that information is proprietary and, 
thus, protected from disclosure under Exemption 4 of the Freedom of 
Information Act (5 U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you 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 program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition.
    4. Funding Restrictions: Under section 4304(k)(3)(B) of the ESEA, 
from the amount made available to a State through a grant under this 
program for a fiscal year, the State may reserve not more than five 
percent to carry out evaluations, to provide technical assistance, and 
to disseminate information. 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 40 pages and (2) use the following standards:
     A ``page'' is 8.5'' x 11'' , on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    Furthermore, applicants are strongly encouraged to include a table 
of contents that specifies where each required part of the application 
is located.

[[Page 31155]]

    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.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are 
from 34 CFR 226.12. The maximum score for addressing all of the 
selection criteria is 100 points. The maximum score for addressing each 
criterion is indicated in parentheses and are as follows:
    (a) Need for facility funding (30 points).
    (1) The need for per-pupil charter school facility funding in the 
State.
    (2) The extent to which the proposal meets the need to fund charter 
school facilities on a per-pupil basis.
    (b) Quality of plan (40 points).
    (1) The likelihood that the proposed grant project will result in 
the State either retaining a new per-pupil facilities aid program or 
continuing to enhance such a program without the total amount of 
assistance (State and Federal) declining over a five-year period.
    (2) The flexibility charter schools have in their use of facility 
funds for the various authorized purposes.
    (3) The quality of the plan for identifying charter schools and 
determining their eligibility to receive funds.
    (4) The per-pupil facilities aid formula's ability to target 
resources to charter schools with the greatest need and the highest 
proportions of students in poverty.
    (5) For projects that plan to reserve funds for evaluation, the 
quality of the applicant's plan to use grant funds for this purpose.
    (6) For projects that plan to reserve funds for technical 
assistance, dissemination, or personnel, the quality of the applicant's 
plan to use grant funds for these purposes.
    (c) The grant project team (10 points).
    (1) The qualifications, including relevant training and experience, 
of the project manager and other members of the grant project team, 
including employees not paid with grant funds, consultants, and 
subcontractors.
    (2) The adequacy and appropriateness of the applicant's staffing 
plan for the grant project.
    (d) The budget (10 points).
    (1) 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 proposed grant project.
    (2) The extent to which the costs are reasonable in relation to the 
number of students served and to the anticipated results and benefits.
    (3) The extent to which the non-Federal share exceeds the minimum 
percentages (which are based on the percentages under section 
4304(k)(2)(C) of the ESEA), particularly in the initial years of the 
program.
    (e) State Experience (10 points).
    (1) The experience of the State in addressing the facility needs of 
charter schools through various means, including providing per-pupil 
aid and access to State loan or bonding pools.
    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).
    Note: As described in 34 CFR 226.14(c), the Secretary may elect to 
consider the points awarded under the competitive preference priority 
only for proposals that exhibit sufficient quality to warrant funding 
under the selection criteria.
    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 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

[[Page 31156]]

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(c).
    4. Reporting:
    (a) If you apply for a grant under this competition, you must 
ensure that you have in place the necessary processes and systems to 
comply with the reporting requirements in 2 CFR part 170 should you 
receive funding under the competition. This does not apply if you have 
an exception under 2 CFR 170.110(b).
    (b) 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 performance measures for this program 
are established for purposes of Department reporting under 34 CFR 
75.110.
    (a) Program Performance Measures. The performance measure for this 
program is the ratio of funds leveraged by States for charter school 
facilities to funds awarded by the Department under the program. 
Grantees must provide information that is responsive to this measure as 
part of their annual performance reports.
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the project and program. Applicants 
must provide the following information as directed under 34 CFR 
75.110(b):
    (1) Project Performance Measures. How each proposed project-
specific performance measure would accurately measure the performance 
of the project and how the proposed project-specific performance 
measure would be consistent with the performance measures established 
for the program funding the competition.
    (2) Project Performance Targets. Why each proposed performance 
target is ambitious yet achievable compared to the baseline for the 
performance measure and when, during the project period, the applicant 
would meet the performance target(s).
    Note: The Secretary encourages applicants to consider measures and 
targets tied to their grant activities during the grant period. For 
instance, if an applicant is using eligibility for free and reduced-
price lunch to measure the number of low-income families served by the 
project, the applicant could provide a percentage for students 
qualifying for free and reduced-price lunch. 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. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).
    7. Project 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.
    8. Technical Assistance: Grantees under this competition must 
participate in all 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 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.

[[Page 31157]]

    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.

Adam Schott,
Principal Deputy Assistant Secretary, Delegated the Authority To 
Perform the Functions and Duties of the Assistant Secretary for the 
Office Elementary and Secondary Education.
[FR Doc. 2024-08731 Filed 4-23-24; 8:45 am]
BILLING CODE 4000-01-P