2017-06017.pdf

15196 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

1 Prior to enactment of the ESSA, the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB), authorized the Secretary to make awards to State educational agencies to enable them to conduct charter school subgrant programs in their States. Unless otherwise indicated, all references to the ESEA in this notice are to the ESEA, as amended by the ESSA.

collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner;

(3) is the estimate of burden accurate;

(4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

Title of Collection: Impact Aid Discretionary Construction Grant Program (1894–0001).

OMB Control Number: 1810–0657.

Type of Review: An extension of an existing information collection.

Respondents/Affected Public: State, Local, and Tribal Governments.

Total Estimated Number of Annual

Responses: 40.

Total Estimated Number of Annual

Burden Hours: 240.

Abstract: The Impact Aid Program, authorized by Title VII of the Elementary and Secondary Education Act, as amended, provides financial assistance to Local Educational Agencies (LEA) whose enrollment or revenues are adversely affected by Federal activities. The ESEA, as amended, authorized a Discretionary Construction Grant program under Section 7007(b). The Impact Aid Discretionary Construction Program provides grants to eligible Impact Aid school districts for emergency repairs and modernization of school facilitates.

The eligible Impact Aid school districts have a limited ability to raise revenues for capital improvements because they have large areas of Federal land within their boundaries. As a result, these districts find it difficult to respond when their school facilities are in need of emergency repairs or modernization;

the Impact Aid Discretionary Construction Program assists these LEAs.

Dated: March 22, 2017.

Washington Tomakie, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.

[FR Doc. 2017–05983 Filed 3–24–17; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION

Application for New Awards;

Expanding Opportunity Through Quality Charter Schools Program (CSP)—Grants to State Entities

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice.

SUMMARY: CSP—Grants to State Entities;

Notice inviting applications for new awards for fiscal year (FY) 2017.

Catalog of Federal Domestic Assistance (CFDA) Number: 84.282A.

DATES: Application Available: March 27, 2017.

Date of Pre-Application Webinar:

March 30, 2017, 2:00 p.m. to 4:00 p.m., Washington, DC, time.

Deadline for Transmittal of Applications: May 11, 2017.

Deadline for Intergovernmental Review: July 10, 2017.

FOR FURTHER INFORMATION CONTACT:

Kathryn Meeley, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202– 5970. Telephone: (202) 453–6818 or by email: kathryn.meeley@ed.gov.

If you use a TDD or a TTY, call the FRS, toll free, at 1–800–877–8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

Purpose of Program: Through the CSP Grants to State Entities (CSP State Entities) competition (CFDA number 84.282A), the Department awards grants to ‘‘State entities’’ (as defined in this notice) to enable them to award subgrants to ‘‘eligible applicants’’ (as defined in this notice) to enable such eligible applicants to open and prepare for the operation of new ‘‘charter schools’’ (as defined in this notice) and to ‘‘replicate’’ (as defined in this notice) and ‘‘expand’’ (as defined in this notice) ‘‘high-quality charter schools’’ (as defined in this notice). Grant funds may also be used to provide technical assistance to eligible applicants and ‘‘authorized public chartering agencies’’ (as defined in this notice) in opening and preparing for the operation of new charter schools, or replicating or expanding high-quality charter schools;

and to work with authorized public chartering agencies to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools.

Background: The CSP State Entities program provides financial assistance to State entities to support charter schools that serve elementary and secondary school students in a given ‘‘State’’ (as defined in this notice). Charter schools receiving funds under the CSP State Entities program also may serve students in ‘‘early childhood education programs’’ (as defined in this notice) or postsecondary students.

The CSP State Entities program is newly authorized under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) (20 U.S.C.

7221–7221j).1 This notice contains information regarding eligibility, priorities, definitions, application requirements, and selection criteria under the new law.

All charter schools receiving CSP funds must meet the definition of ‘‘charter school’’ in section 4310(2) of the ESEA, including by complying with various non-discrimination laws, such as the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, section 444 of the General Education Provisions Act (GEPA), and part B of the Individuals with Disabilities Education Act (IDEA).

Priorities: This notice includes eight competitive preference priorities.

Competitive preference priorities 1 and 2 are from the notice of final priorities, requirements, definitions, and selection criteria for this program, published in the Federal Register on June 15, 2015 (80 FR 34201) (NFP). Competitive preference priorities 3 through 8 are from section 4303(g)(2) of the ESEA.

Competitive Preference Priorities: For FY 2017 and any subsequent year in which we make awards based on the list of unfunded applications from this competition, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award:

• An additional five points to an application that meets one, and an

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15197 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices additional 10 points to an application that meets both, of competitive preference priorities 1 and 2;

• An additional two points to an application that meets competitive preference priority 3;

• Up to an additional eight points, depending on how well the application addresses one or more of competitive preference priorities 4, 5, 6, and 7; and

• Up to an additional five points, depending on how well the application addresses competitive preference priority 8.

An application may receive up to a total of 25 points under the competitive preference priorities.

Competitive Preference Priority 1— Periodic Review and Evaluation (0 or 5 points): To meet this priority, an applicant must demonstrate that the State provides for periodic review and evaluation by the authorized public chartering agency of each charter school at least once every five years, unless required more frequently by State law, and takes steps to ensure that such reviews take place. The review and evaluation must serve to determine whether the charter school is meeting the terms of the school’s charter and meeting or exceeding the student academic achievement requirements and goals for charter schools as set forth in the school’s charter or under State law, a State regulation, or a State policy, provided that the student academic achievement requirements and goals for charter schools established by that policy meet or exceed those set forth under applicable State law or State regulation. This periodic review and evaluation must include an opportunity for the authorized public chartering agency to take appropriate action or impose meaningful consequences on the charter school, if necessary.

Competitive Preference Priority 2— Charter School Oversight (0 or 5 points):

To meet this priority, an application must demonstrate that State law, regulations, or other policies in the State where the applicant is located require the following:

(a) That each charter school in the State—

(1) Operates under a legally binding charter or performance contract between itself and the school’s authorized public chartering agency that describes the rights and responsibilities of the school and the authorized public chartering agency;

(2) Conducts annual, timely, and independent audits of the school’s financial statements that are filed with the school’s authorized public chartering agency; and

(3) Demonstrates improved student academic achievement; and

(b) That all authorized public chartering agencies in the State use increases in student academic achievement for all groups of students described in section 1111(c)(2) of the ESEA (20 U.S.C. 6311(c)(2)) as one of the most important factors when determining whether to renew or revoke a school’s charter.

Competitive Preference Priority 3— One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals Process (0 or 2 points).

To meet this priority, an applicant must demonstrate that it is located in a State that—

(a) Allows at least one entity that is not a local educational agency to be an authorized public chartering agency for ‘‘developers’’ (as defined in this notice) seeking to open a charter school in the State; or

(b) In the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school.

Competitive Preference Priority 4— Equitable Financing (up to 2 points).

To receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner.

Competitive Preference Priority 5— Charter School Facilities (up to 2 points).

To receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located provides charter schools one or more of the following:

(a) Funding for facilities;

(b) Assistance with facilities acquisition;

(c) Access to public facilities;

(d) The ability to share in bonds or mill levies;

(e) The right of first refusal to purchase public school buildings; or

(f) Low- or no-cost leasing privileges.

Competitive Preference Priority 6—

Best Practices to Improve Struggling Schools and Local Educational Agencies (up to 2 points).

To receive points under this priority, an applicant must demonstrate the extent to which the State in which it is located uses best practices from charter schools to help improve struggling schools and local educational agencies.

Competitive Preference Priority 7— Serving At-Risk Students (up to 2 points).

To receive points under this priority, an applicant must demonstrate the extent to which it supports charter schools that serve at-risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services.

Competitive Preference Priority 8— Best Practices for Charter School Authorizing (up to 5 points).

To receive points under this priority, an applicant must demonstrate the extent to which it has taken steps to ensure that all authorized public chartering agencies implement best practices for charter school authorizing.

Application Requirements

These application requirements are from section 4303(f) of the ESEA (20 U.S.C. 7221b(f)). The Department will reject an application that does not meet the application requirements.

Applications for funding under the CSP State Entities program must contain the following:

(I) Description of Program—A description of the State entity’s objectives in running a quality charter school program and how the objectives of the program will be carried out, including—

(A) A description of how the State entity will—

(1) Support the opening of charter schools through the startup of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools (including the proposed number of new charter schools to be opened, high-quality charter schools to be opened as a result of the replication of a high-quality charter school, or high-quality charter schools to be expanded under the State entity’s program);

(2) Inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program;

(3) Work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools—

(a) Participate in the Federal programs in which the schools and students are eligible to participate;

(b) Receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; and

(c) Meet the needs of students served under such programs, including

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15198 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

2 For purposes of this notice, ‘‘students with disabilities,’’ or ‘‘student with a disability,’’ has the same meaning as ‘‘children with disabilities,’’ or ‘‘child with a disability’’ (as defined in this notice).

3 In accordance with 34 CFR 105(c)(2)(i), applications are not required to address competitive preference priorities but may receive additional points if they do so. Therefore, to meet this application requirement, the State entity must describe the extent to which it is able to meet and carry out competitive preference priorities 3 through 8. If the State entity is unable to meet and carry out one or more of these competitive preference priorities, the description for that priority should state that the State entity is unable to meet or carry out the priority.

‘‘students with disabilities’’ 2 and ‘‘English learners’’ (as defined in this notice);

(4) Ensure that authorized public chartering agencies, in collaboration with surrounding local educational agencies where applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality public schools;

(5) In the case of a State entity that is not a ‘‘State educational agency’’ (as defined in this notice)—

(a) Work with the State educational agency and charter schools in the State to maximize charter school participation in Federal and State programs for which charter schools are eligible; and

(b) Work with the State educational agency to operate the State entity’s program under this competition, if applicable;

(6) Ensure that each eligible applicant that receives a subgrant under the State entity’s program—

(a) Is using funds provided under this competition for one of the activities described in section 4303(b)(1) of the ESEA; and

(b) Is prepared to continue to operate charter schools funded under this competition in a manner consistent with the eligible applicant’s application for such subgrant once the subgrant funds under this program are no longer available;

(7) Support—

(a) Charter schools in local educational agencies with a significant number of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the ESEA; and

(b) The use of charter schools to improve struggling schools, or to turn around struggling schools;

(8) Work with charter schools on—

(a) Recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educationally disadvantaged students (who include foster youth and unaccompanied homeless youth); and

(b) Supporting all students once they are enrolled to promote retention, including by reducing the overuse of discipline practices that remove students from the classroom;

(9) Share best and promising practices between charter schools and other public schools;

(10) Ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including ‘‘children with disabilities’’ (as defined in this notice) and English learners;

(11) Support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in section 4303(f)(2)(E) of the ESEA;

(12) (a) In the case of a State entity that is not a ‘‘charter school support organization’’ (as defined in this notice), a description of how the State entity will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, monitoring, and re-approving or revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes and regulations; and

(b) In the case of a State entity that is a charter school support organization, a description of how the State entity will work with the State to support the State’s system of technical assistance and oversight, as described in application requirement (I)(A)(12)(a) above, of the authorizing activity of authorized public chartering agencies;

and

(13) Work with eligible applicants receiving a subgrant under the State entity’s program to support the opening of new charter schools or charter school models described in application requirement (I)(A)(1) that are high schools;

(B) A description of the extent to which the State entity—

(1) Is able to meet and carry out competitive preference priorities 3 through 8; 3

(2) Is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools; and

(3) Is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and local educational agencies on the sharing of best practices;

(C) A description of how the State entity will award subgrants, on a competitive basis, including—

(1) A description of the application each eligible applicant desiring to receive a subgrant will be required to submit and how the State entity will ensure that such application complies with section 4303(f)(1)(C)(i) of the ESEA; and

(2) A description of how the State entity will review applications from eligible applicants;

(D) In the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program in whole or in part, a description of the roles and responsibilities of the partner;

(E) A description of how the State entity will ensure that each charter school receiving funds under the State entity’s program has considered and planned for the transportation needs of the school’s students;

(F) A description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws;

and

(G) A description of how the State entity will support diverse charter school models, including models that serve rural communities.

(II) Assurances that—

(A) Each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions;

(B) The State entity will support charter schools in meeting the educational needs of their students, including children with disabilities and English learners;

(C) The State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners;

(D) The State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in application requirement (I)(A)(8) above;

(E) The State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s

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15199 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices ability to monitor the charter schools authorized by the agency, including by—

(1) Assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attrition;

(2) Reviewing the schools’ independent, annual audits of financial statements prepared in accordance with generally accepted accounting principles and ensuring that any such audits are publically reported; and

(3) Holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter;

(F) The State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and

(G) The State entity will ensure that each charter school receiving funds under the State entity’s program makes publicly available, consistent with the dissemination requirements of the annual State report card under section 1111(h) of the ESEA, including on the Web site of the school, information to help ‘‘parents’’ (as defined in this notice) make informed decisions about the education options available to their children, including—

(1) Information on the educational program;

(2) Student support services;

(3) Parent contract requirements (as applicable), including any financial obligations or fees;

(4) Enrollment criteria (as applicable);

and

(5) Annual performance and enrollment data for each of the subgroups of students, as defined in section 1111(c)(2) of the ESEA, except that such disaggregation of performance and enrollment data shall not be required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

(III) Requests for information about waivers, including—

(A) A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity’s program under section 4303 of the ESEA or, in the case of a

State entity that is a charter school support organization, a description of how the State entity will work with the State to request such necessary waivers, where applicable; and

(B) A description of any State or local rules, generally applicable to public schools, that will be waived or otherwise not apply to such schools.

Definitions

The following definitions are from sections 4303(a), 4310, and 8101 of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801), and 34 CFR 77.1.

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’’ (as defined in this notice), whether a performance target is ambitious depends upon the context of the relevant ‘‘performance measure’’ (as defined in this notice) and the ‘‘baseline’’ (as defined in this notice) 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.

(ESEA section 4310(1))

Baseline means the starting point from which performance is measured and targets are set. (34 CFR 77.1)

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 of this definition;

(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, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA (20 U.S.C. 1232g) (commonly referred to as the ‘‘Family Educational Rights and Privacy Act of 1974’’) and part B of the IDEA;

(h) Is a school to which parents choose to send their children, and that—

(1) Admits students on the basis of a lottery, consistent with section 4303(c)(3)(A) of the ESEA, if more students apply for admission than can be accommodated; or

(2) 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 (1);

(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 educational programs or postsecondary students. (ESEA section 4310(2))

Charter management organization means a nonprofit organization that operates or manages a network of charter schools linked by centralized support, operations, and oversight.

(ESEA section 4310(3))

Charter school support organization means a nonprofit, non-governmental entity that is not an authorized public chartering agency and provides, on a statewide basis—

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(a) Assistance to developers during the planning, program design, and initial implementation of a charter school; and

(b) Technical assistance to operating charter schools. (ESEA section 4310(4))

Child with a disability means—

(a) A child (i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this title as ‘emotional disturbance’), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services.

(b) For a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:

Physical development; cognitive development; communication development; social or emotional development; or adaptive development;

and (ii) who, by reason thereof, needs special education and related services.

(ESEA section 8101(4))

Developer means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. (ESEA section 4310(5))

Early childhood education program means (A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C.

9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (B) a State licensed or regulated child care program; or (C) a program that (i) serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and (ii) is (I) a State prekindergarten program; (II) a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (III) a program operated by a local educational agency. (ESEA section 8101(16))

Eligible applicant, when used with respect to subgrants made by a State entity, means a developer that has—

(a) Applied to an authorized public chartering authority to operate a charter school; and

(b) Provided adequate and timely notice to that authority. (ESEA section 4310(6))

English learner, when used with respect to an individual, means an individual—

(a) Who is aged 3 through 21;

(b) Who is enrolled or preparing to enroll in an elementary school or secondary school;

(c)(1) Who was not born in the United States or whose native language is a language other than English;

(2)(i) Who is a Native American or Alaska Native, or a native resident of the outlying areas; and

(ii) Who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or

(3) Who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(d) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—

(1) The ability to meet the challenging State academic standards;

(2) The ability to successfully achieve in classrooms where the language of instruction is English; or

(3) The opportunity to participate fully in society. (ESEA section 8101(20))

Expand, when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality charter school. (ESEA section 4310(7))

High-quality charter school means a charter school that—

(a) Shows evidence of strong academic results, which may include strong student academic growth, as determined by a State;

(b) Has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance;

(c) Has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and

(d) Has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in section 1111(c)(2) of the ESEA, except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual students. (ESEA section 4310(8))

Logic model (also referred to as a theory of action) means a well-specified conceptual framework that identifies key components of the proposed process, product, strategy, or practice (i.e., the active ‘‘ingredients’’ that are hypothesized to be critical to achieving the relevant outcomes) and describes the relationships among the key components and outcomes, theoretically and operationally. (34 CFR 77.1)

Parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare). (ESEA section 8101(38))

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)

Replicate, when used with respect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high-quality charter school, under an existing charter or an additional charter, if permitted or required by State law. (ESEA section 4310(9))

State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (ESEA section 8101(48))

State educational agency means the agency primarily responsible for the State supervision of public elementary schools and secondary schools. (ESEA section 8101(45))

State entity means—

(a) A State educational agency;

(b) A State charter school board;

(c) A Governor of a State; or

(d) A charter school support organization. (ESEA section 4303(a)) Program Authority: Title IV, Part C of the ESEA (20 U.S.C. 7221–7221j).

Applicable Regulations: (a) The

Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 97, 98, and 99. (b) The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of

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15201 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices 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 in 2 CFR part 3474. (d) The

NFP.

II. Award Information Type of Award: Discretionary grant.

Estimated Available Funds: The

Further Continuing and Security Assistance Appropriations Act, 2017, would provide, on an annualized basis, $332,538,640 for the CSP program, of which we would use an estimated $157,000,000 for this competition. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program.

Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2018 from the list of unfunded applications from this competition.

Estimated Range of Awards:

$2,000,000 to $23,000,000 per year.

Estimated Average Size of Awards:

$10,000,000 per year.

Maximum Award: See Reasonable and Necessary Costs in section III.4.(a) of this notice for information regarding the maximum amount of funds that State entities may award for each charter school receiving subgrant funds.

Estimated Number of Awards: 3–8.

Note: The Department is not bound by any estimates in this notice. The estimated range and average size of awards are based on a single 12-month budget period. We may use FY 2017 funds to support multiple 12-month budget periods for one or more grantees.

Project Period: Up to five years.

Note: State entities may award subgrants to eligible applicants for a period of up to five years, no more than 18 months of which may be used for planning and program design.

III. Eligibility Information

1. Eligible Applicants: State entities in

States with a State statute specifically authorizing the establishment of charter schools.

Under section 4303(e)(1) of the ESEA, no State entity may receive a grant under this program for use in a State in which a State entity is currently using a grant received under this program.

Accordingly, if multiple State entities in a State submit applications that receive high enough scores to be recommended for funding under this competition, only the highest-scoring application amongst such State entities would be funded.

Note: A charter school developer in a State in which no State entity has an application for a grant approved under section 4303 of the ESEA may apply for funding directly from the Department under the CSP Grants to Developers competitions. Additional information about the CSP Grants to Developers competitions is available at http://innovation.ed.gov/what-we-do/charter-schools.

2. Audits: (a) All grantees must provide to the Department their most recent independent audits of the grantee’s financial statements prepared in accordance with generally accepted accounting principles, and all grantees must continue to provide independent, annual audits of their financial statements prepared in accordance with generally accepted accounting principles each year of the grant.

(b) All grantees must ensure that charter schools receiving subgrants conduct independent, annual audits of their financial statements prepared in accordance with generally accepted accounting principles, and ensure that any such audits are publicly reported.

3. Cost Sharing or Matching: This program does not require cost sharing or matching.

4. Other: (a) Reasonable and Necessary Costs: The Secretary may elect to impose maximum limits on the amount of subgrant funds that a State entity may award to an eligible applicant per new charter school created or replicated, per charter school expanded, or per new school seat created.

For this competition, the maximum amount of grant funds a State entity may award to a subgrantee per new charter school, replicated high-quality charter school, or expanding high-quality charter school is $900,000.

Note: Applicants must 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.

IV. Application and Submission Information

1. Address to Request Application Package: Kathryn Meeley, U.S.

Department of Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202–5970.

Telephone: (202) 453–6818 or by email:

charterschools@ed.gov.

If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), 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 compact disc) by contacting the program contact person listed in this section.

2.a. Content and Form of Application Submission: Requirements concerning the content and form 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 priorities, selection criteria, and application requirements that reviewers use to evaluate your application. We recommend that you limit the application narrative to 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 resumes, the bibliography, or the letters of support. However, the page limit does apply to all of the application narrative.

b. Submission of Proprietary Information: Given the types of projects that may be proposed in applications for the State Entities grant competition, your application may include business information that you consider proprietary. In 34 CFR 5.11 we define ‘‘business information’’ and describe the process we use in determining whether any of that information is proprietary and, thus, protected from disclosure under Exemption 4 of the Freedom of 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 feel is exempt from disclosure under Exemption 4. In the appropriate

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15202 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices

4 Section 4303(e)(2) of the ESEA clarifies when an applicant may be eligible to apply to a State entity for a second subgrant for an individual charter school. The applicant still would have to meet all program requirements, including the requirements for replicating or expanding a high-quality charter school.

5 Beginning with the Consolidated Appropriations Act, 2010, Public Law 111–117, each of the Department’s Appropriations Acts through the FY 2016 Appropriations Act authorized the Secretary to award grants for the replication and expansion of charter schools.

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. Submission Dates and Times:

Applications Available: March 27, 2017.

Date of Pre-Application Webinar: The

Department will hold a pre-application meeting via Webinar for prospective applicants on March 30, 2017 from 2:00 p.m.–4:00 p.m., Washington, DC, time.

Individuals interested in attending this meeting are encouraged to pre-register by emailing their name, organization, and contact information with the subject heading ‘‘STATE ENTITIES 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 Kathryn Meeley, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202–5970.

Telephone: (202) 453–6818 or by email:

kathryn.meeley@ed.gov.

Deadline for Transmittal of Applications: May 11, 2017.

Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). 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 Other Submission Requirements in section IV 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 10, 2017.

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: In accordance with section 4303(c) of the ESEA, a State entity receiving a grant under this program shall use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the charter school program described in the State entity’s application pursuant to section 4303(f) of the ESEA, for activities related to opening and preparing for the operation of new charter schools or to replicate or expand high-quality charter schools;

reserve not less than seven percent of such funds to provide technical assistance to eligible applicants and authorized public chartering agencies in opening and preparing for the operation of new charter schools or to replicate or expand high-quality charter schools and in improving authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools; and reserve not more than three percent of such funds for administrative costs, which may include technical assistance. A State entity may use a grant received under this program to carry out the activities authorized under this program directly or through grants, contracts, or cooperative agreements.

Limitation on Grants and Subgrants:

A grant awarded by the Secretary to a State entity under this competition shall be for a period of not more than five years.

A subgrant awarded by a State entity under this program shall be for a period of not more than five years, of which an eligible applicant may use not more than 18 months for planning and program design. An eligible applicant may not receive more than one subgrant under this program for each individual charter school for a five-year period, unless the eligible applicant demonstrates to the State entity that such individual charter school has at least three years of improved educational results for students enrolled in such charter school, with respect to the elements described in section 4310(8)(A) and (D) of the ESEA.4

Other CSP Grants: A charter school that previously received CSP funds for planning or initial implementation under section 5202(c)(2) of the ESEA, as amended by the NCLB (CFDA number 84.282B), or for the replication or expansion of a high-quality charter school under one of the Department’s Appropriations Acts 5 (CFDA number 84.282M), is not eligible to receive funds from a State entity under this program for the same or a substantially similar purpose. However, a charter school may be eligible to receive funds to expand if the school is a high-quality charter school.

Likewise, a charter school that receives funds from a State entity is ineligible to receive funds for the same or a substantially similar purpose under section 4305(a)(2) and (b) of the ESEA.

Uses of Subgrant Funds: State entities awarded grants under this competition shall award subgrants to eligible applicants to enable such eligible applicants to—

(a) Open and prepare for the operation of new charter schools;

(b) Open and prepare for the operation of replicated high-quality charter schools; or

(c) Expand high-quality charter schools.

An eligible applicant receiving a subgrant under this program shall use such funds to support activities related to opening and preparing for the operation of new charter schools or replicating or expanding high-quality charter schools, which shall include one or more of the following: