FR Doc 2010-12436
[Federal Register: May 24, 2010 (Volume 75, Number 99)]
[Notices]               
[Page 28789-28795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my10-42]                      
                  
         

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DEPARTMENT OF EDUCATION

 
Office of Innovation and Improvement; Overview Information; 
Charter Schools Program (CSP) Grants for Replication and Expansion of 
High-Quality Charter Schools; Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2010

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.282M.
    Dates:
    Applications Available: May 24, 2010.
    Date of Pre-Application Meeting: June 8, 2010.
    Deadline for Transmittal of Applications: July 7, 2010.
    Deadline for Intergovernmental Review: September 7, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the CSP is to increase national 
understanding of the charter school model and to expand the number of 
high-quality charter schools available to students across the Nation by 
providing financial assistance for the planning, program design, 
initial implementation, or expansion of charter schools, and to 
evaluate the effects of charter schools, including their effects on 
students, student academic achievement, staff, and parents.
    The purpose of this competition (CFDA 84.282M) is to award grants 
to eligible applicants to enable them to replicate or expand high-
quality charter schools with demonstrated records of success, including 
success in increasing student academic achievement. Eligible applicants 
may use their CSP funds to expand the enrollment of one or more 
existing charter schools by substantially increasing the number of 
available seats per school, or to open one or more new charter schools 
that are based on the charter school model for which the eligible 
applicant has presented evidence of success.
    Priorities: This competition includes one absolute priority, three 
competitive preference priorities, and one invitational priority. We 
are establishing these priorities for the FY 2010 grant competition and 
any subsequent year in which we make awards from the list of unfunded 
applicants from this competition, in accordance with section 437(d)(1) 
of the General Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).
    Absolute Priority: This priority is an absolute priority. Under 34 
CFR 75.105(c)(3) we consider only applications that meet this priority.
    This priority is:

Experience Operating or Managing High-Quality Charter Schools

    The applicant must have experience operating or managing more than 
one high-quality charter school. For purposes of this priority, a high-
quality charter school is a school that shows evidence of strong 
academic results, based on the criteria described in Selection 
Criterion (a), and has no significant issues in the areas of student 
safety, financial management, or statutory or regulatory compliance. 
For purposes of this competition, significant issue means something 
that did, will, or could lead to the revocation of a school's charter.
    Competitive Preference Priorities: These priorities are competitive

[[Page 28790]]

preference priorities. Under 34 CFR 75.105(c)(2)(i) we will award up to 
an additional 30 points to an application, depending on how well the 
application meets one or more of these priorities.

    Note: In order to receive preference under these competitive 
preference priorities, the applicant must identify the priority or 
priorities that it believes it meets and provide documentation 
supporting its claims.

    These priorities are:
    Competitive Preference Priority 1--Low-Income Demographic (up to 10 
points). To meet this competitive preference priority, the applicant 
must demonstrate that at least 60 percent of all students in the 
charter schools it operates or manages are individuals from low-income 
families.
    For purposes of this priority, the term individual from a low-
income family means an individual who is determined by a State 
educational agency (SEA) or local educational agency (LEA) to be a 
child, ages 5 through 17, from a low-income family, on the basis of (i) 
data used by the Secretary to determine allocations under section 1124 
of the Elementary and Secondary Education Act of 1965, as amended 
(ESEA), (ii) data on children eligible for free or reduced-price 
lunches under the National School Lunch Act, (iii) data on children in 
families receiving assistance under part A of title IV of the Social 
Security Act, or (iv) data on children eligible to receive medical 
assistance under the Medicaid program under Title XIX of the Social 
Security Act, or (v) an alternate method that combines or extrapolates 
from those data (see section 1707(3) of the ESEA).
    Competitive Preference Priority 2--School Improvement (up to 10 
points). To meet this competitive preference priority, the applicant 
must demonstrate that its proposed replication or expansion of one or 
more high-quality charter schools is in partnership with, and designed 
to assist, one or more LEAs in implementing academic or structural 
interventions to serve students attending schools that have been 
identified for improvement, corrective action, closure, or 
restructuring under section 1116 of the ESEA, and as described in the 
notice of final requirements for the School Improvement Grants, 
published in the Federal Register on December 10, 2009 (74 FR 65618).
    Competitive Preference Priority 3--Matching (up to 10 points). To 
meet this competitive preference priority, the applicant must commit to 
provide matching funds in an amount equal to or greater than 25 percent 
of the grant award to support its proposed project under this program. 
In order to secure matching funds and meet this competitive preference 
priority, the applicant may enter into a partnership or otherwise 
collaborate with other entities, including philanthropic organizations.
    In order to receive points under this competitive preference 
priority, the matching funds must be included in the proposed budget 
and used to cover allowable costs. In addition, the applicant must 
include in its application assurances documentation demonstrating that 
it will be able to secure the specified matching funds. An applicant 
that is approved for a grant must have the proposed matching funds in 
place prior to receiving the grant award.
    Invitational Priority: This priority is an invitational priority. 
Under 34 CFR 75.105(c)(1) we do not give an application that meets this 
invitational priority a competitive or absolute preference over other 
applications.
    This priority is:

Students With Disabilities and English Learners

    The Secretary is particularly interested in applicants that 
demonstrate through participant, achievement, and outcome data for 
students with disabilities and English learners--
    (1) Prior success in improving educational achievement and outcomes 
for students with disabilities and English learners; and
    (2) That the model they propose to replicate or expand serves 
students with disabilities and English learners at rates comparable to 
the rates of students with disabilities and English learners in the 
LEAs in which their schools operate.

Requirements

    (1) Grantees under this program must use the grant funds to 
replicate or substantially expand an existing high-quality charter 
school that is based on the model or models for which the applicant has 
presented evidence of success.
    For purposes of this competition, the term replicate means to open 
one or more new charter schools that are based on the charter school 
model or models for which the applicant has presented evidence of 
success.
    In addition, in the context of this competition, the term 
substantially expand means to increase the enrollment of one or more 
existing charter schools by more than 50 percent or to add at least two 
grades to an existing charter school over the course of the grant.
    (2) Applicants approved for funding under this competition must 
attend a two-day meeting for project directors in the Washington, DC 
area during each year of the project. Applicants are encouraged to 
include the cost of attending this meeting in their proposed budgets.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553) the Department generally offers interested parties 
the opportunity to comment on proposed priorities, selection criteria, 
application requirements, and definitions. Section 437(d)(1) of GEPA, 
however, allows the Secretary to exempt from rulemaking requirements, 
regulations governing the first grant competition under a new or 
substantially revised program authority. This is the first grant 
competition for the replication and expansion of high-quality charter 
schools under the Charter Schools Program authority, as described in 
the Consolidated Appropriations Act, 2010 (Pub. L. 111-117), and, 
therefore, qualifies for this exemption. In order to ensure timely 
grant awards, the Secretary has decided to forgo public comment on the 
priorities, selection criteria, requirements, and definitions in this 
notice under section 437(d)(1) of GEPA. These priorities, selection 
criteria, requirements, and definitions will apply to the FY 2010 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applicants from this competition.

    Program Authority: 20 U.S.C. 7221-7221j; Consolidated 
Appropriations Act, 2010, Division D, Title III, Pub. L. 111-117.

    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 76, 77, 79, 
80, 81, 82, 84, 85, 86, 97, 98, and 99.

    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 only to 
institutions of higher education.


    Note: The regulations in 34 CFR part 99 apply only to an 
educational agency or institution.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The FY 2010 appropriation for the 
Charter Schools Program is $256,031,000, of which the Department will 
use $50,000,000 for this competition. Contingent upon the availability 
of funds, and the quality of the applications, we may make additional

[[Page 28791]]

awards later in FY 2010 and in FY 2011 from the list of unfunded 
applicants from this competition.
    Estimated Range of Awards: $1,000,000 to $15,000,000 per grant.
    Estimated Average Size of Awards: $7,000,000 per grant.
    Estimated Number of Awards: 5-8.

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

    Project Period: Up to five years.

III. Eligibility Information

    1. Eligible Applicants: Non-profit charter management organizations 
(CMOs) and other entities that are not for-profit entities. A CMO is an 
organization that operates or manages multiple charter schools by 
centralizing or sharing certain functions and resources among schools. 
Eligible applicants may also apply as a group or consortium.
    2. Cost-Sharing or Matching: This competition does not require 
cost-sharing or matching. This competition provides a competitive 
preference priority for applications that commit to provide matching 
funds in an amount equal to or greater than 25 percent of the grant 
award.

IV. Application and Submission Information

    1. Address to Request Application Package: Erin Pfeltz or Richard 
Payton, U.S. Department of Education, 400 Maryland Avenue, SW., Room 
4W255, Washington, DC 20202-5970. Telephone: (202) 205-3525 or (202) 
453-7698 or by e-mail: erin.pfeltz@ed.gov or richard.payton@ed.gov.
    If you use a telecommunications device for the deaf (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 program contact 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.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. The Secretary strongly 
encourages applicants to limit Part III to the equivalent of no more 
than 60 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 not be accepted.
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; or the one-page abstract, the 
r[eacute]sum[eacute]s, the bibliography, or the letters of support. 
However, the page limit does apply to all of the application narrative 
section (Part III).
    3. Submission Dates and Times: Applications Available: May 24, 
2010.
    Date of Pre-Application Meeting: The Department will hold a pre-
application meeting for prospective applicants on June 8, 2010, from 
8:30 a.m. to 11:00 a.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 program, absolute and competitive priorities, selection 
criteria, application requirements, 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, program staff will be available from 11:00 a.m. to 12:00 
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 
CharterSchools@ed.gov. There is no registration fee for attending this 
meeting.
    For further information about the pre-application meeting, contact 
Erin Pfeltz or Richard Payton, U.S. Department of Education, 400 
Maryland Avenue, SW., Room 4W255, Washington, DC 20202-5970. Telephone: 
(202) 205-3525 or (202) 453-7698 or by e-mail: erin.pfeltz@ed.gov or 
richard.payton@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 alternate 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: July 7, 2010.
    Applications for grants under this program 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: September 7, 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 program.
    5. Funding Restrictions: Pursuant to section 5204(f)(3) of the ESEA 
(20 U.S.C. 7221c(f)(3)), grantees under this program must use the grant 
funds for--
    (a) Post-award planning and design of the educational program, 
which may

[[Page 28792]]

include: (i) Refinement of the desired educational results and of the 
methods for measuring progress toward achieving those results; and (ii) 
professional development of teachers and other staff who will work in 
the charter school; and
    (b) Initial implementation or expansion of the charter school, 
which may include: (i) Informing the community about the school; (ii) 
acquiring necessary equipment and educational materials and supplies; 
(iii) acquiring or developing curriculum materials; and (iv) other 
initial operational costs that cannot be met from State or local 
sources.

    Note: Use of up to 15 percent of grant funds for initial 
operational costs associated with the expansion or improvement of 
the eligible entity's oversight or management of its schools is 
permitted provided that: (i) The specific schools being created or 
expanded under this grant are beneficiaries of such expansion or 
improvement, and (ii) such expansion or improvement is intended to 
improve the applicant's ability to manage or oversee the charter 
schools created or expanded under this grant.

    Applicants should ensure that all costs included in the proposed 
budget are reasonable and necessary in light of the goals and 
objectives of the proposed project. Any costs determined by the 
Secretary to be unreasonable or unnecessary will be removed from the 
final approved budget. A charter school that receives funds under this 
competition is ineligible to receive funds for the same purpose under 
section 5202(c)(2) of the ESEA, including for planning and program 
design or the initial implementation of a charter school (i.e., CFDA 
84.282A or 84.282B).
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and Central Contractor Registry: To do business with the 
Department of Education, (1) you must have a Data Universal Numbering 
System (DUNS) number and a Taxpayer Identification Number (TIN); (2) 
you must register both of those numbers with the Central Contractor 
Registry (CCR), the Government's primary registrant database; and (3) 
you must provide those same numbers on your application.
    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number 
can be created within one business day.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow 2-5 weeks for your TIN to become active.
    The CCR registration process may take five or more business days to 
complete. If you are currently registered with the CCR, you may not 
need to make any changes. However, please make certain that the TIN 
associated with your DUNS number is correct. Also note that you will 
need to update your CCR registration on an annual basis. This may take 
three or more business days to complete.
    7. Other Submission Requirements. Applications for grants under 
this program 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 Charter School Program Grants for 
Replication and Expansion of High-Quality Charter Schools--CFDA Numbers 
84.282M 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 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
program after 4:30 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:

[[Page 28793]]

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, 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 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: Erin Pfeltz, U.S. 
Department of Education, 400 Maryland Avenue, SW., Room 4W255, 
Washington, DC 20202-5970. FAX: (202) 205-5630.
    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 84.282M), 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 84.282M), 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 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

    1. Application Requirements: Applicants applying for CSP grant 
funds must address both the following application requirements, which 
are based on the statutory requirements under the program, and the 
selection criteria described in this notice. An applicant may choose to 
respond to the application requirements in the context of its responses 
to the selection criteria.
    (a) Describe the objectives of the project for replicating or 
substantially expanding high-quality charter schools and the methods by 
which the applicant will determine its progress toward achieving those 
objectives.
    (b) Describe how the applicant currently operates or manages the 
charter schools for which it has presented evidence of success, and how 
the proposed new or expanded charter schools will be operated or 
managed. Include a description of central office functions, governance, 
daily operations, financial management, human resources management, and 
instructional management. If applying as a group or consortium, 
describe the roles and responsibilities of each member of the group or 
consortium and how each member will contribute to this project.
    (c) Describe how the applicant will ensure that each proposed new 
or expanded charter school receives its commensurate share of Federal 
education funds that are allocated by formula each year, including 
during the first year of operation of the school and any year in which 
the school's enrollment expands significantly.
    (d) Describe the educational program to be implemented in the 
proposed new or expanded charter schools, including

[[Page 28794]]

how the program will enable all students (including educationally 
disadvantaged students) to meet challenging State student academic 
achievement standards, the grade levels or ages of students to be 
served, and the curriculum and instructional practices to be used. For 
purposes of this competition, the term ``educationally disadvantaged 
students'' includes, but is not necessarily limited to, economically 
disadvantaged children, English learners, migratory children, children 
with disabilities, Native American children, and neglected or 
delinquent children.
    (e) Describe the administrative relationship between the charter 
schools to be replicated or expanded by the applicant and the 
authorized public chartering agency.
    (f) Describe how the applicant will provide for continued operation 
of the proposed new or expanded charter schools once the Federal grant 
has expired.
    (g) Describe how parents and other members of the community will be 
involved in the planning, program design, and implementation of the 
proposed new or expanded charter schools.
    (h) Include a request and justification for waivers of any Federal 
statutory or regulatory provisions that the applicant believes are 
necessary for the successful operation of the proposed new or expanded 
charter schools and a description of any State or local rules, 
generally applicable to public schools, that will be waived for, or 
otherwise not apply to, such charter schools.
    (i) Describe how the grant funds will be used, including how these 
funds will be used in conjunction with other Federal programs 
administered by the Secretary, and with any matching funds.
    (j) Describe how students in the community, including students with 
disabilities, English learners and other educationally disadvantaged 
students, will be informed about the proposed new or expanded charter 
schools and given an equal opportunity to attend such schools. For a 
definition of educationally disadvantaged students, see paragraph (d) 
of these Application Requirements.
    (k) Describe how the proposed new or expanded charter schools that 
are considered to be LEAs under State law, or the LEAs in which such 
charter schools are located, will comply with sections 613(a)(5) and 
613(e)(1)(B) of the Individuals with Disabilities Education Act.
    (l) Provide information on any significant issues in the areas of 
student safety, financial management, and statutory or regulatory 
compliance. As noted in the absolute priority, for purposes of this 
competition, ``significant'' means something that did, will, or could 
lead to the revocation of a school's charter.
    2. Selection Criteria. We are establishing these selection criteria 
for the FY 2010 grant competition and any subsequent year in which we 
make awards from the list of unfunded applicants from this competition, 
in accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). The 
maximum possible score for all the criteria in this section is 100 
points. The maximum possible score for each criterion is indicated in 
parentheses following the criterion.
    In evaluating an application, the Secretary considers the following 
criteria:
    (a) Quality of the eligible applicant (50 points). In determining 
the quality of the applicant, the Secretary considers the following 
factors:
    (i) The degree to which the applicant has demonstrated success in 
significantly increasing student academic achievement and attainment 
for all students, including educationally disadvantaged students, 
served by charter schools operated or managed by the applicant. For a 
definition of educationally disadvantaged students, see paragraph (d) 
of the Application Requirements in this notice.
    (ii) The degree to which the applicant has demonstrated success in 
closing historic achievement gaps for the subgroups of students 
described in section 1111(b)(2)(C)(v)(II).
    (iii) The degree to which the applicant has achieved results for 
low-income and minority students that are significantly above the 
average academic achievement results for such students in the State.
    Applicants are invited to submit objective data that they believe 
would provide relevant information in support of these three factors, 
along with comparison data for similar schools, where available. In 
particular, the Secretary is interested in the following data: (1) 
Performance (school-wide and by subgroup) on statewide tests of all 
charter schools operated or managed by the applicant as compared to all 
students in other schools in the State or States at the same grade 
level, and as compared with other schools serving similar demographics 
of students; (2) annual student attendance and retention rates (school-
wide and by subgroup), and comparisons with other similar schools; (3) 
where applicable and available, high school graduation rates, college 
attendance rates, and college persistence rates (school-wide and by 
subgroup) of students attending schools operated or managed by the 
applicant. When reporting data for schools in States that may have 
particularly demanding or low standards of proficiency (for example, 
see the report available at 
http://nces.ed.gov/nationsreportcard/pdf/studies/2010456.pdf), 
applicants are invited to discuss how their 
academic success might be considered against applicants from across the 
country.
    (b) Contribution in assisting educationally disadvantaged students 
(15 points). The contribution the proposed project will make in 
assisting educationally disadvantaged students served by the applicant 
to meet or exceed State academic content standards and State student 
academic achievement standards, and to graduate college- and career-
ready. For a definition of educationally disadvantaged students, see 
paragraph (d) of the Application Requirements in this notice.
    (c) Quality of the project design (10 points). The Secretary 
considers the quality of the design of the proposed project. In 
determining the quality of the design of the proposed project, the 
Secretary considers--
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified, measurable, and 
attainable. Applicants proposing to open schools serving substantially 
different populations than those currently served by the model for 
which they have demonstrated evidence of success should address the 
attainability of outcomes given this difference.
    (ii) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project.
    (d) Quality of the management plan (25 points). The Secretary 
considers the quality of the management plan and personnel to replicate 
and expand high-quality charter schools. In determining the quality of 
the management plan and personnel for the proposed project, the 
Secretary considers:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (ii) The business plan for increasing, sustaining, and ensuring the 
quality and

[[Page 28795]]

performance of charter schools opened under this program beyond the 
initial period of Federal funding, including, but not limited to 
facilities, financials, central office, academics, governance, 
oversight, and human resources of the schools.
    (iii) A multi-year financial and operating model for the 
organization, as well as a demonstrated commitment of current and 
future partners, and evidence of broad support form stakeholders 
critical to the project's long-term success.
    (iv) A plan for closing charter schools supported, overseen, or 
managed by the applicant that do not meet high standards of quality.
    (v) The qualifications, including relevant training and experience, 
of the project director, CEO/organization leader, and key project 
personnel, especially in managing projects of the size and scope of the 
proposed project.

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 in 
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: The goal of the CSP is to support the 
creation and development of a large number of high-quality charter 
schools that are free from State or local rules that inhibit flexible 
operation, are held accountable for enabling students to reach 
challenging State performance standards, and are open to all students. 
The Secretary has two performance indicators to measure progress 
towards this goal: (1) The number of charter schools in operation 
around the Nation, and (2) the percentage of fourth- and eighth-grade 
charter school students who are achieving at or above the proficient 
level on State examinations in mathematics and reading/language arts. 
Additionally, the Secretary has established the following measure to 
examine the efficiency of the CSP: Federal cost per student in 
implementing a successful school (defined as a school in operation for 
three or more consecutive years).
    All grantees will be expected to submit an annual performance 
report documenting their contribution in assisting the Department in 
meeting these performance measures.

VII. Agency Contact

    For Further Information Contact: Erin Pfeltz or Richard Payton, 
U.S. Department of Education, 400 Maryland Avenue, SW., Room 4W255, 
Washington, DC 20202-5970. Telephone: (202) 205-3525 or (202) 453-7698 
or by e-mail: erin.pfeltz@ed.gov or richard.payton@ed.gov.
    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or 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: May 19, 2010.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2010-12436 Filed 5-21-10; 8:45 am]
BILLING CODE 4000-01-P