[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]              
[Page 9879-9885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr10-46]     
         

Download: download files

----------------------------------------------

DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information Magnet
Schools Assistance Program; Notice Inviting Applications for New Awards
for Fiscal Year (FY) 2010

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A.
    Dates:
    Applications Available: March 8, 2010.
    Deadline for Notice of Intent to Apply: April 5, 2010.
    Date of Pre-Application Meeting: March 26, 2010.
    Deadline for Transmittal of Applications: May 3, 2010.
    Deadline for Intergovernmental Review: July 2, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Magnet Schools Assistance Program (MSAP)
provides grants to eligible local educational agencies (LEAs) and
consortia of LEAs to support magnet schools that are part of an
approved desegregation plan. Through the implementation of magnet
schools, these program resources can be used in pursuit of the
objectives of the Elementary and Secondary Education Act (ESEA), which
supports State and local efforts to enable all elementary and secondary
students to achieve to high standards and holds schools, LEAs, and
States accountable for ensuring that their students do so. In
particular, the MSAP provides an opportunity for eligible entities to
focus on expanding their capacity to provide public school choice to
students who attend schools identified for improvement, corrective
action, or restructuring under Title I, Part A of the ESEA.
    Priorities: This competition includes four competitive preference
priorities which are explained in the following paragraphs.
    Competitive Preference Priorities: In accordance with 34 CFR
75.105(b)(2)(ii), Priorities 1, 2, and 3 are from the regulations for
this program (34 CFR 280.32). Priority 4 is from the notice of final
priority for this program, published in the Federal Register on March
9, 2007 (72 FR 10729).
    For FY 2010, these priorities are competitive preference
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional
40 points to an application, depending on how well the application
meets these priorities. The maximum possible points for each priority
are indicated in parentheses following the title of the competitive
preference priority. These points are in addition to any points the
application earns under the selection criteria.
    These priorities are:
    Priority 1--Need for assistance (up to 10 additional points). The
Secretary evaluates the applicant's needs for assistance under the MSAP
regulations in 34 CFR part 280, by considering--
    (a) The costs of fully implementing the magnet schools project as
proposed;
    (b) The resources available to the applicant to carry out the
project if funds under the program were not provided;
    (c) The extent to which the costs of the project exceed the
applicant's resources; and
    (d) The difficulty of effectively carrying out the approved plan
and the project for which assistance is sought, including consideration
of how the design of the magnet schools project--e.g., the type of
program proposed, the location of the magnet school within the LEA--
impacts on the applicant's ability to carry out the approved plan
successfully.
    Priority 2--New or revised magnet school projects (up to 10
additional points). The Secretary determines the extent to which the
applicant proposes to carry out new magnet schools projects or
significantly revise existing magnet schools projects.
    Priority 3--Selection of students (up to 10 additional points). The
Secretary determines the extent to which the applicant proposes to
select students to attend magnet schools by methods such as lottery,
rather than through academic examination.
    Priority 4--Expanding Capacity to Provide Choice (up to 10
additional points). This priority supports projects that will--
    (1) Help parents whose children attend low-performing schools (that
is, schools that have been identified for school improvement,
corrective action, or restructuring under Title I of the Elementary and
Secondary Education Act of 1965, as amended) by--
    (a) Selecting schools identified for school improvement, corrective
action, or restructuring under Title I as magnet schools to be funded
under this project and improving the quality of teaching and
instruction in these schools; or

[[Page 9880]]

    (b) Maximizing the opportunity for students in low-performing
schools to attend higher-performing magnet schools funded under the
project and thereby reduce minority group isolation in the low-
performing sending schools; and
    (2) Effectively inform parents whose children attend low-performing
schools about choices that are available to them in the magnet schools
funded under the project.

    Note 1: For the purpose of this priority, school improvement has
the meaning given in 34 CFR 200.32(a)(1), corrective action has the
meaning given in 34 CFR 200.33(a), and restructuring has the meaning
given in 34 CFR 200.34(a).


    Note 2: Priority 4 provides for an applicant to earn up to 10
priority points. To earn a maximum of 10 points an applicant must
meet both paragraph (1)(a) and (1)(b) and paragraph (2) of the
priority. An applicant proposing only to use the approach in
paragraph 1(a) in one or more schools in the district and that meets
paragraph (2) would earn up to 5 points. Similarly, an applicant
proposing only to use the approach in paragraph 1(b) in one or more
other schools in the district and that meets paragraph (2) would
earn up to 5 additional points. Applicants proposing to use one or
both approaches must also meet paragraph (2) in order to receive
points under this priority.

    Background for Priority 4: Paragraph 1(a) supports eligible
applicants that propose to convert one or more schools identified for
improvement, corrective action, or restructuring under Title I into
magnet schools. Paragraph 1(b) supports eligible applicants that would
use higher-performing schools as magnet schools and, by doing so,
significantly increase the opportunity for students attending schools
identified for school improvement, corrective action, or restructuring
to participate in public school choice by attending a higher-performing
school. Under paragraph 1(b), an eligible applicant would need to
ensure that the magnet school would have sufficient space available to
accommodate students who would likely be interested in transferring
from schools identified for school improvement, corrective action, or
restructuring. Additionally, the applicant would need to show how the
enrollment of the magnet and/or sending schools (i.e., the schools
identified for school improvement, corrective action, or restructuring
from which students would transfer) would change in a manner that
resulted in the elimination, reduction, or prevention of minority group
isolation in those sending schools.
    Program Authority: 20 U.S.C. 7231-7231j.
    Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81,
82, 84, 85, 97, 98, and 99. (b) The regulations for this program in 34
CFR part 280 as amended by the interim final regulations published
elsewhere in this issue of the Federal Register. (c) The notice of
final priority for the MSAP, published in the Federal Register on March
9, 2007 (72 FR 10729).

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $100,000,000.
    Estimated Range of Awards: $350,000-$4,000,000 per year.
    Estimated Average Size of Awards: $2,500,000 per year.
    Maximum Award: We will not fund any application at an amount
exceeding the maximum amount of $4,000,000 per year specified in
section 5309(c) of the Elementary and Secondary Education Act of 1965,
as amended (ESEA), for a single fiscal year. We may choose not to
further consider or review applications with budget requests for any
12-month budget period that exceed this amount, if we conclude, during
our initial review of the application, that the proposed goals and
objectives cannot be obtained with the specified maximum amount.
    Estimated Number of Awards: 40.

    Note: The Department is not bound by any estimates in this
notice.

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs.
    2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
    3. Other: Applicants must submit with their applications one of the
following types of desegregation plans to establish eligibility to
receive MSAP assistance: (a) A desegregation plan required by a court
order; (b) a desegregation plan required by a State agency or an
official of competent jurisdiction; (c) a desegregation plan required
by the Office for Civil Rights (OCR), United States Department of
Education (Department), under Title VI of the Civil Rights Act of 1964
(Title VI plan); or (d) a voluntary desegregation plan adopted by the
applicant and submitted to us for approval as part of the application.
Under the MSAP regulations, applicants are required to provide all of
the information required in 34 CFR 280.20(a) through (g), as amended by
the interim final regulations published elsewhere in this issue of the
Federal Register, in order to satisfy the civil rights eligibility
requirements found in 34 CFR 280.2(a)(2) and (b).
    In addition to the particular data and other items for required and
voluntary desegregation plans described in the application package, an
application must include--
    Signed civil rights assurances (included in the application
package);
    A copy of the applicant's desegregation plan; and
    An assurance that the desegregation plan is being implemented or
will be implemented if the application is funded.

Required Desegregation Plans

    1. Desegregation plans required by a court order. An applicant that
submits a desegregation plan required by a court order must submit
complete and signed copies of all court or State documents
demonstrating that the magnet schools are a part of the approved
desegregation plan. Examples of the types of documents that would meet
this requirement include--
    A Federal or State court order that establishes or amends a
previous order or orders by establishing additional or different
specific magnet schools;
    A Federal or State court order that requires or approves the
establishment of one or more unspecified magnet schools or that
authorizes the inclusion of magnet schools at the discretion of the
applicant.
    2. Desegregation plans required by a State agency or official of
competent jurisdiction. An applicant submitting a desegregation plan
ordered by a State agency or official of competent jurisdiction must
provide documentation that shows that the desegregation plan was
ordered based upon a determination that State law was violated. In the
absence of this documentation, the applicant should consider its
desegregation plan to be a voluntary plan and submit the data and
information necessary for voluntary plans.
    3. Title VI required desegregation plans. An applicant that submits
a desegregation plan required by OCR under Title VI must submit a
complete copy of the desegregation plan demonstrating that magnet
schools are part of the approved plan.
    4. Modifications to required desegregation plans. A previously
approved desegregation plan that does not include the magnet school or
program for which the applicant is now seeking assistance must be
modified to include the magnet school component. The modification to
the desegregation

[[Page 9881]]

plan must be approved by the court, agency, or official that originally
approved the plan. An applicant that wishes to modify a previously
approved OCR Title VI desegregation plan to include different or
additional magnet schools must submit the proposed modification for
review and approval to the OCR regional office that approved its
original plan.
    An applicant should indicate in its application if it is seeking to
modify its previously approved plan. However, all applicants must
submit proof of approval of all modifications to their desegregation
plans to the Department by June 2, 2010. Proof of plan modifications
should be mailed to the person and address identified under FOR FURTHER
INFORMATION CONTACT in section VII of this notice.

Voluntary Desegregation Plans

    A voluntary desegregation plan must be approved by ED each time an
application is submitted for funding. Even if ED has approved a
voluntary desegregation plan in an LEA in the past, the plan must be
resubmitted for approval as part of the application.
    The enrollment and other information as required by the regulations
in 34 CFR 280.20(f) and (g) for applicants with voluntary desegregation
plans (specific requirements are detailed in the application package)
are critical to our determination of an applicant's eligibility under a
voluntary desegregation plan.
    The purposes of the MSAP include the reduction, elimination, or
prevention of minority group isolation. All voluntary desegregation
plans proposed in an LEA's application must be adequate under Title VI.

IV. Application and Submission Information

    1. Address To Request Application Package: You can obtain an
application package via the Internet, from the Education Publications
Center (ED Pubs), or from the program office.
    To obtain a copy via the Internet, use the following address:
http://www.ed.gov/fund/grant/apply/grantapps/index.html.
    To obtain a copy from ED Pubs, write, fax, or call the following:
U.S. Department of Education--ED Pubs--NTIS, P.O. Box 22207,
Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703)
605-6791. If you use a telecommunications device for the deaf (TDD),
call, toll free: 1-877-576-7734.
    You can contact ED Pubs at its Web site, also: 
http://www.ed.gov/pubs/edpubs.html or at its e-mail address: edpubs@inet.ed.gov.
    If you request an application from ED Pubs, be sure to identify
this program as follows: CFDA number 84.165A.
    To obtain a copy from the program office, contact: Rosie Kelley,
U.S. Department of Education, 400 Maryland Avenue, SW., Room 4W221,
Washington, DC 20202-6450. Telephone: (202) 260-1108 or by e-mail:
FY10MSAPCOMP@ed.gov. If you =
use a TDD, call the Federal Relay Service
(FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application
package in an accessible format (e.g., Braille, large print, audiotape,
or computer diskette) by contacting the person listed in this section.
    2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this competition.
    Notice of Intent To Apply: The Department will be able to develop a
more efficient process for reviewing grant applications if it has a
better understanding of the number of entities that intend to apply for
funding under this competition. Therefore, the Secretary strongly
encourages each potential applicant to notify the Department by sending
a short e-mail message indicating the applicant's intent to submit an
application for funding. The e-mail need not include information
regarding the content of the proposed application, only the applicant's
intent to submit it. This e-mail notification should be sent to
FY10MSAPCOMP@ed.gov. 
Applicants that do not provide this e-mail
notification may still apply for funding.
    Page Limit: The application narrative is where you, the applicant,
address the selection criteria and two of the competitive preference
priorities that reviewers use to evaluate your application. The two
competitive preference priorities that must be addressed in the
application narrative are Competitive Preference Priority 1--Need for
Assistance; and Competitive Preference Priority 4--Expanding Capacity
to Provide Choice. You must limit the application narrative to the
equivalent of no more than 100 pages, using 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. An application submitted in any other font
(including Times Roman or Arial Narrow) will be not accepted.
    The page limit does not apply to the cover sheet; the budget
section, including the narrative budget justification; the assurances,
certifications, the desegregation plan and related information; the
forms used to respond to Competitive Preference Priority 2--New or
revised magnet schools projects and Competitive Preference Priority 3--
Selection of students; or the one-page abstract, the resumes, or
letters of support. However, the page limit does apply to all of the
application narrative.
    Our reviewers will not read any pages of your application that--
     Exceed the page limit; or
     Exceed the equivalent of the page limit if you apply other
standards.
    3. Submission Dates and Times:
    Applications Available: March 8, 2010.
    Date of Pre-Application Meeting: The Department will hold a pre-
application meeting for prospective applicants on Friday, March 26,
2010, from 1:30 p.m. to 3:30 p.m. at the U.S. Department of Education,
Barnard Auditorium, 400 Maryland Avenue, SW., Washington, DC.
Interested parties are invited to participate in this meeting to
discuss the purpose of the MSAP, competitive preference priorities,
selection criteria, application content, submission requirements, and
reporting requirements. Interested parties may participate in this
meeting either by conference call or in person. This site is accessible
by Metro on the Blue, Orange, Green, and Yellow lines at the Seventh
Street and Maryland Avenue exit of the L'Enfant Plaza station. After
the meeting, MSAP staff also will be available from 3:30 p.m. to 4:30
p.m. on that same day to provide information and technical assistance
through individual consultation.
    Individuals interested in attending this meeting are encouraged to
pre-register by e-mailing their name, organization, and contact
information with the subject heading PRE-APPLICATION MEETING to
FY10MSAPCOMP@ed.gov. There is =
no registration fee for attending this
meeting. For further information contact Rosie Kelley, U.S. Department
of Education, Office of Innovation and

[[Page 9882]]

Improvement, room 4W221, 400 Maryland Avenue, SW., Washington, DC
20202. Telephone: (202) 260-0911 or by e-mail: FY10MSAPCOMP@ed.gov.

Assistance to Individuals With Disabilities at the Pre-Application
Meeting

    The meeting site is accessible to individuals with disabilities. If
you will need an auxiliary aid or service to participate in the meeting
(e.g., interpreting service, assistive listening device, or materials
in an accessible format), notify the contact person listed in this
notice at least two weeks before the scheduled meeting date. Although
we will attempt to meet a request we receive after that date, we may
not be able to make available the requested auxiliary aid or service
because of insufficient time to arrange it.
    Deadline for Transmittal of Applications: May 3, 2010.
    Applications for grants under this competition must be submitted
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site. For
information (including dates and times) about how to submit your
application electronically, or in paper format by mail or hand delivery
if you qualify for an exception to the electronic submission
requirement, please refer to section IV. 6. Other Submission
Requirements of this notice.
    We do not consider an application that does not comply with the
deadline requirements.
    Individuals with disabilities who need an accommodation or
auxiliary aid in connection with the application process should contact
the person listed under FOR FURTHER INFORMATION CONTACT in section VII
of this notice. If the Department provides an accommodation or
auxiliary aid to an individual with a disability in connection with the
application process, the individual's application remains subject to
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: July 2, 2010.
    4. 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.
    5. Funding Restrictions: We specify unallowable costs in 34 CFR
280.41. We reference additional regulations outlining funding
restrictions in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: Applications for grants under
this competition must be submitted electronically unless you qualify
for an exception to this requirement in accordance with the
instructions in this section.
    a. Electronic Submission of Applications.
    Applications for grants under the Magnet Schools Assistance
Program--CFDA Number 84.165A must be submitted electronically using e-
Application, accessible through the Department's e-Grants Web site at:
http://e-grants.ed.gov.
    We will reject your application if you submit it in paper format
unless, as described elsewhere in this section, you qualify for one of
the exceptions to the electronic submission requirement and submit, no
later than two weeks before the application deadline date, a written
statement to the Department that you qualify for one of these
exceptions. Further information regarding calculation of the date that
is two weeks before the application deadline date is provided later in
this section under Exception to Electronic Submission Requirement.
    While completing your electronic application, you will be entering
data online that will be saved into a database. You may not e-mail an
electronic copy of a grant application to us.
    Please note the following:
     You must complete the electronic submission of your grant
application by 4:30:00 p.m., Washington, DC time, on the application
deadline date. E-Application will not accept an application for this
competition after 4:30:00 p.m., Washington, DC time, on the application
deadline date. Therefore, we strongly recommend that you do not wait
until the application deadline date to begin the application process.
     The hours of operation of the e-Grants Web site are 6:00
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until
8:00 p.m. Sunday, Washington, DC time. Please note that, because of
maintenance, the system is unavailable between 8:00 p.m. on Sundays and
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m.
on Thursdays, Washington, DC time. Any modifications to these hours are
posted on the e-Grants Web site.
     You will not receive additional point value because you
submit your application in electronic format, nor will we penalize you
if you qualify for an exception to the electronic submission
requirement, as described elsewhere in this section, and submit your
application in paper format.
     You must submit all documents electronically, including
all information you typically provide on the following forms: the
Application for Federal Assistance (SF 424), the Department of
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and
certifications. You must attach any narrative sections of your
application as files in a .DOC (document), .RTF (rich text), or .PDF
(Portable Document) format. If you upload a file type other than the
three file types specified in this paragraph or submit a password
protected file, we will not review that material.
     Your electronic application must comply with any page
limit requirements described in this notice.
     Prior to submitting your electronic application, you may
wish to print a copy of it for your records.
     After you electronically submit your application, you will
receive an automatic acknowledgment that will include a PR/Award number
(an identifying number unique to your application).
     Within three working days after submitting your electronic
application, fax a signed copy of the SF 424 to the Application Control
Center after following these steps:
    (1) Print SF 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.
    (3) Place the PR/Award number in the upper right hand corner of the
hard-copy signature page of the SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at
(202) 245-6272.
     We may request that you provide us original signatures on
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application
Unavailability: If you are prevented from electronically submitting
your application on the application deadline date because e-Application
is unavailable, we will grant you an extension of one business day to
enable you to transmit your application electronically, by mail, or by
hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have
initiated an electronic application for this competition; and
    (2) (a) E-Application is unavailable for 60 minutes or more between
the hours of 8:30 a.m. and 3:30 p.m., Washington,

[[Page 9883]]

DC time, on the application deadline date; or
    (b) E-Application is unavailable for any period of time between
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application
deadline date.
    We must acknowledge and confirm these periods of unavailability
before granting you an extension. To request this extension or to
confirm our acknowledgment of any system unavailability, you may
contact either (1) the person listed elsewhere in this notice under FOR
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due
to technical problems with the system and, therefore, the application
deadline is extended, an e-mail will be sent to all registered users
who have initiated an e-Application. Extensions referred to in this
section apply only to the unavailability of e-Application.
    Exception to Electronic Submission Requirement: You qualify for an
exception to the electronic submission requirement, and may submit your
application in paper format, if you are unable to submit an application
through e-Application because--
     You do not have access to the Internet; or
     You do not have the capacity to upload large documents to
e-Application; and
     No later than two weeks before the application deadline
date (14 calendar days or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an exception
prevents you from using the Internet to submit your application. If you
mail your written statement to the Department, it must be postmarked no
later than two weeks before the application deadline date. If you fax
your written statement to the Department, we must receive the faxed
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Rosie Kelley, U.S.
Department of Education, 400 Maryland Avenue, SW., room 4W221,
Washington, DC 20202. FAX: (202) 260-1108.
    Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
(CFDA Number 84.165A), LBJ Basement Level 1, 400 Maryland Avenue, SW.,
Washington, DC 20202-4260.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original
and two copies of your application, by hand, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
(CFDA Number 84.165A), 550 12th Street, SW., Room 7041, Potomac Center
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by
the Department--in Item 11 of the SF 424 the CFDA number, including
suffix letter, if any, of the competition under which you are
submitting your application; and
    (2) The Application Control Center will mail to you a
notification of receipt of your grant application. If you do not
receive this grant notification within 15 business days from the
application deadline date, you should call the U.S. Department of
Education Application Control Center at (202) 245-6288.

V. Application Review Information

    Selection Criteria: The selection criteria for this program are
from 34 CFR 75.210 (Quality of Project Services) and 34 CFR 280.31
(Quality of personnel, Quality of project design, Budget and resources,
Evaluation plan, Commitment and capacity). The quality of project
design criterion is based on sections 5305(b)(1)(A), 5305(b)(1)(B),
5305(b)(1)(D)(i), 5305(b)(2)(D) and 5307(b) of the ESEA, in accordance
with 34 CFR 75.209 and 280.30. All of the selection criteria are listed
in this section and in the application package.
    The maximum score for all the selection criteria is 100 points. The
maximum score for each criterion is included in parentheses. Each
criterion also includes the factors that reviewers will consider in
determining whether an application meets the criterion.
    Points awarded under these selection criteria are in addition to
any points an applicant earns under the competitive preference
priorities in this notice. The maximum score an application may receive
based on the priority points and the selection criteria is 140 points.
    The selection criteria are as follows:
    (a) Quality of project services. (25 points)
    (1) The Secretary considers the quality of the services to be
provided by the proposed project.
    (2) In determining the quality of the services to be provided by
the proposed project, the Secretary considers the quality and
sufficiency of strategies for ensuring equal access and treatment for
eligible project participants who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability.
    (3) In addition, the Secretary considers one or more of the
following factors:
    (i) The extent to which the services to be provided by the proposed
project are appropriate to the needs of the intended recipients or
beneficiaries of those services.
    (iii) The extent to which the services to be provided by the
proposed project reflect up-to-date knowledge from research and
effective practice.
    (iv) The likely impact of the services to be provided by the
proposed project on the intended recipients of those services.
    (v) The extent to which the training or professional development
services to be

[[Page 9884]]

provided by the proposed project are of sufficient quality, intensity,
and duration to lead to improvements in practice among the recipients
of those services.
    (vii) The likelihood that the services to be provided by the
proposed project will lead to improvements in the achievement of
students as measured against rigorous academic standards.
    (ix) The extent to which the services to be provided by the
proposed project involve the collaboration of appropriate partners for
maximizing the effectiveness of project services.
    (b) Quality of personnel. (15 points)
    (1) The Secretary reviews each application to determine the
qualifications of the personnel the applicant plans to use on the
project.
    (2) The Secretary determines the extent to which--
    (i) The project director (if one is used) is qualified to manage
the project;
    (ii) Other key personnel are qualified to manage the project;
    (iii) Teachers who will provide instruction in participating magnet
schools are qualified to implement the special curriculum of the magnet
schools; and
    (iv) The applicant, as part of its nondiscriminatory employment
practices will ensure that its personnel are selected for employment
without regard to race, religion, color, national origin, sex, age, or
disability.
    (3) To determine personnel qualifications, the Secretary considers
experience and training in fields related to the objectives of the
project, including the key personnel's knowledge of and experience in
curriculum development and desegregation strategies.
    (c) Quality of project design. (25 points)
    (1) The Secretary reviews each application to determine the quality
of the project design based on sections 5305(b)(1)(A), 5305(b)(1)(B),
5305(b)(1)(D)(i), 5305(b)(2)(D) and 5307(b) of the ESEA.
    (2) The Secretary determines the extent to which each magnet school
for which funding is sought will--
    (i) Promote desegregation, including how each proposed magnet
school program will increase interaction among students of different
social, economic, ethnic and racial backgrounds.
    (ii) Improve student academic achievement for all students
attending each magnet school program, including the manner and extent
to which each magnet school program will increase student academic
achievement in the instructional area or areas offered by the school;
    (iii) Implement high-quality activities that are directly related
to improving student academic achievement based on the State's
challenging academic content standards and student academic achievement
standards or directly related to improving students' reading skills or
knowledge of mathematics, science, history, geography, English, foreign
languages, art, or music, or to improving vocational, technological,
and professional skills; and
    (iv) Carry out a high-quality education program that will encourage
greater parental decision-making and involvement.
    (d) Budget and resources. (10 points)
    The Secretary reviews each application to determine the adequacy of
the resources and the cost-effectiveness of the budget for the project,
including--
    (1) The adequacy of the facilities that the applicant plans to use;
    (2) The adequacy of the equipment and supplies that the applicant
plans to use; and
    (3) The adequacy and reasonableness of the budget for the project
in relation to the objectives of the project.
    (e) Evaluation plan. (10 points)
    The Secretary determines the extent to which the evaluation plan
for the project--
    (1) Includes methods that are appropriate to the project;
    (2) Will determine how successful the project is in meeting its
intended outcomes, including its goals for desegregating its students
and increasing student achievement; and
    (3) Includes methods that are objective and that will produce data
that are quantifiable.
    (f) Commitment and capacity. (15 points)
    (1) The Secretary reviews each application to determine whether the
applicant is likely to continue the magnet school activities after
assistance under the regulations is no longer available.
    (2) The Secretary determines the extent to which the applicant--
    (i) Is committed to the magnet schools project; and
    (ii) Has identified other resources to continue support for the
magnet school activities when assistance under this program is no
longer available.

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). 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. Reporting: 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 multi-year 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 http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: We have established five performance
measures for the MSAP, four annual measures and two long-term measures:
    (a) The percentage of magnet schools whose student applicant pool
reduces, eliminates or prevents minority group isolation.
    (b) Percentage of magnet schools whose students from major racial
and ethnic groups meet or exceed State annual progress standards in
reading/language arts.
    (c) Percentage of magnet schools whose students from major racial
and ethnic groups meet or exceed State annual progress standards in
mathematics.
    (d) The cost per Student in a Magnet School.
    (e) Percentage of magnet schools that received assistance that are
still operating magnet school programs 3 years after Federal funding
ends.
    (f) Percentage of magnet schools that received assistance that meet
State standards at least 3 years after Federal funding ends.

VII. Agency Contact

    For Further Information Contact: Anna Hinton, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 4W229, Washington, DC 20202-
5970. Telephone: (202) 260-1108 or by e-mail: FY10MSAPCOMP@ed.gov. If
you use a TDD, call the FRS, at 1-800-877-8339.

[[Page 9885]]

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., Braille, large print,
audiotape, or computer diskette) on request to the program contact
person listed under FOR FURTHER INFORMATION CONTACT in section VII of
this notice.
    Electronic Access to This Document: You can view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: http://www.ed.gov/news/fedregister. To
use PDF you must have Adobe Acrobat Reader, which is available free at
this site.

    Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: 
http://www.gpoaccess.gov/nara/index.html.


    Dated: February 25, 2010.
James H. Shelton III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2010-4416 Filed 3-3-10; 8:45 am]
BILLING CODE 4000-01-P