2019-14267.pdf

31852 Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

1 Italicized terms are defined in the Definitions section of this notice.

2 All references to the ESEA in this notice are to the ESEA, as amended by the ESSA, unless otherwise noted.

AUTHORIZED STRLS AND Federal Register NOTICES—Continued

STRL Federal Register notice

Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center.

Not yet published.

Naval Information Warfare Centers, Atlantic and Pacific ......................... 76 FR 1924.

Naval Medical Research Center .............................................................. Not yet published.

Naval Research Laboratory ...................................................................... 64 FR 33970.

Naval Sea Systems Command Warfare Centers .................................... 62 FR 64050.

Office of Naval Research ......................................................................... 75 FR 77380.

Dated: June 27, 2019.

Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2019–14191 Filed 7–2–19; 8:45 am]

BILLING CODE 5001–06–P

DEPARTMENT OF EDUCATION

Applications for New Awards;

Expanding Opportunity Through Quality Charter Schools Program (CSP)—Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High- Quality Charter Schools

AGENCY: Office of Elementary and Secondary Education, Department of Education.

ACTION: Notice.

SUMMARY: The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2019 for CSP—Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High- Quality Charter Schools, Catalog of Federal Domestic Assistance (CFDA) numbers 84.282B and 84.282E, respectively.

DATES:

Applications Available: July 3, 2019.

Date of Pre-Application Webinar:

Monday, July 8, 2019, 12:30 p.m., Eastern Time.

Deadline for Transmittal of Applications: August 2, 2019.

Deadline for Intergovernmental Review: August 2, 2019.

Pre-Application Webinar Information:

The Department will hold a pre-application meeting via webinar for prospective applicants on Monday, July 8, 2019, 12:30 p.m., Eastern Time.

Individuals interested in attending this meeting are encouraged to pre-register by emailing their name, organization, and contact information with the subject heading ‘‘DEVELOPER GRANTS PRE- APPLICATION MEETING’’ to charterschools@ed.gov. There is no registration fee for attending this meeting.

ADDRESSES: For the addresses for obtaining and submitting an application, please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 13, 2019 (84 FR 3768) and available at www.govinfo.gov/content/pkg/FR-2019- 02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT:

Hans Neseth, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E215, Washington, DC 20202– 5970. Telephone: (202) 401–4125.

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.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

Purpose of Program: The major purposes of the CSP are to expand opportunities for all students, particularly traditionally underserved students, to attend charter schools 1 and meet challenging State academic standards; provide financial assistance for the planning, program design, and initial implementation of public charter schools; increase the number of high-quality charter schools available to students across the United States;

evaluate the impact of charter schools on student achievement, families, and communities; share best practices between charter schools and other public schools; encourage States to provide facilities support to charter schools; and support efforts to strengthen the charter school authorizing process.

Through CSP Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-

Quality Charter Schools (CFDA numbers 84.282B and 84.282E, respectively) (also referred to as Developer Grants), the Department provides funds to charter school developers on a competitive basis to enable them to open new charter schools (CFDA number 84.282B) or replicate or expand high-quality charter schools (CFDA number 84.282E). Eligibility for a grant under this competition is limited to charter school developers in States that do not currently have a CSP State Entity grant (CFDA number 84.282A) under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA).2 Eligibility in a State with a CSP State Educational Agency (SEA) grant under the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB) (CFDA number 84.282A), is limited to charter school developers applying for grants for the replication and expansion of high-quality charter schools (CFDA number 84.282E) and only if the Department has not approved an amendment to the SEA’s approved grant application authorizing the SEA to make subgrants for replication and expansion.

Charter schools that receive financial assistance through Developer Grants provide programs of elementary or secondary education, or both, and may also serve students in early childhood education programs or postsecondary students.

Background: This notice invites applications from eligible applicants for two types of grants: (1) Grants to Charter School Developers for the Opening of New Charter Schools (CFDA number 84.282B) and (2) Grants to Charter School Developers for the Replication and Expansion of High-Quality Charter Schools (CFDA number 84.282E). Under this competition, each CFDA number, 84.282B and 84.282E, constitutes its own funding category. The Secretary intends to award grants under each CFDA number for applications that are sufficiently high quality. Information

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31853 Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices pertaining to each type of grant is provided in subsequent sections of this notice.

We have published elsewhere in this issue of the Federal Register a notice of final priorities, requirements, definitions, and selection criteria (NFP) for use in this and future Developer Grant competitions. The NFP aligns with the ESEA and clarifies key statutory provisions.

Eligible applicants are those that are qualified based on the requirements set forth in this notice. For more information on eligibility, please see section III.1. of this notice.

All charter schools receiving CSP funds must meet the definition of a charter school in section 4310(2) of the ESEA, including the requirements that a charter school comply with non-discrimination and privacy laws, including 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), part B of the Individuals with Disabilities Education Act (IDEA) (i.e., rights afforded to children with disabilities and their parents), and applicable State laws.

This notice includes a competitive preference priority for developers seeking to open a new charter school or replicate or expand a high-quality charter school within a qualified opportunity zone, as well as an invitational priority for applicants receiving financial assistance from a qualified opportunity fund for the purpose of acquiring or constructing school facilities or other property.

Created under the Tax Cuts and Jobs Act (Pub. L. 115–97), opportunity zones are intended to promote economic development and job creation in distressed communities through preferential tax treatment for investors.

Specifically, if an individual invests capital gains in an opportunity fund— i.e., a vehicle established for the purpose of investing in property in an opportunity zone—the taxes the individual owes on those gains can be deferred and reduced. Through these priorities, the Administration seeks to harness the power of opportunity zones to help increase the educational choices available to students in these communities.

Priorities: This notice includes one absolute priority, four competitive preference priorities, and one invitational priority. The Absolute Priority and Competitive Preference Priorities 1–3 are from the NFP for this program published elsewhere in this issue of the Federal Register.

Competitive Preference Priority 4 is from 34 CFR 75.225.

Absolute Priority: For FY 2019 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an Absolute Priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet the priority.

Each subpart of this Absolute Priority constitutes its own funding category.

Applicants must clearly indicate under which subpart of the Absolute Priority they are applying. The Secretary intends to award grants under both subparts of the Absolute Priority, provided that applications of sufficiently high quality are submitted.

The priority is:

Rural Community.

Under this priority, applicants must propose to open a new charter school or to replicate or expand a high-quality charter school in one of the following:

(a) A rural community.

(b) A community that is not a rural community.

Competitive Preference Priorities: For

FY 2019 and any subsequent year in which we make awards from the list of unfunded applications from this competition, these priorities are competitive preference priorities.

For CFDA number 84.282B, under 34 CFR 75.105(c)(2)(i), we will award an additional 10 points to an application that meets Competitive Preference Priority 1; up to an additional 10 points to an application, depending on how well the application meets Competitive Preference Priority 2; and an additional 10 points to an application that meets Competitive Preference Priority 4. The maximum number of competitive preference priority points an application for CFDA number 84.282B can receive under these priorities is 30.

For CFDA number 84.282E, under 34 CFR 75.105(c)(2)(i), we award an additional 10 points to an application that meets Competitive Preference Priority 1; up to an additional 10 points to an application, depending on how well the application meets Competitive Preference Priority 2; and an additional 10 points to an application that meets Competitive Preference Priority 3. The maximum number of competitive preference priority points an application for CFDA number 84.282E can receive under these priorities is 30.

These priorities are:

Competitive Preference Priority 1—

Spurring Investment in Opportunity Zones. (0 or 10 points under CFDA numbers 84.282B and 84.282E)

Under this priority, an applicant must propose to open a new charter school or to replicate or expand a high-quality charter school in a qualified opportunity zone as designated by the Secretary of the Treasury under section 1400Z–1 of the Internal Revenue Code, as amended by the Tax Cuts and Jobs Act (Pub. L. 115–97).

An applicant must provide the census tract number of the qualified opportunity zone in which it proposes to open a new charter school or replicate or expand a high-quality charter school. A list of qualified opportunity zones, with census tract numbers, is available at www.cdfifund.gov/Pages/Opportunity- Zones.aspx.

Competitive Preference Priority 2— Opening a New Charter School or Replicating or Expanding a High-quality Charter School To Serve Native American Students. (Up to 10 points under CFDA numbers 84.282B and 84.282E)

Under this priority, applicants must—

(a) Propose to open a new charter school, or replicate or expand a high-quality charter school, that—

(1) Utilizes targeted outreach and recruitment in order to serve a high proportion of Native American students, consistent with nondiscrimination requirements contained in the U.S.

Constitution and Federal civil rights laws;

(2) Has a mission and focus that will address the unique educational needs of Native American students, such as through the use of instructional programs and teaching methods that reflect and preserve Native American language, culture, and history; and

(3) Has or will have a governing board with a substantial percentage of members who are members of Indian Tribes or Native American organizations located within the area to be served by the new, replicated, or expanded charter school;

(b) Submit a letter of support from at least one Indian Tribe or Native American organization located within the area to be served by the new, replicated, or expanded charter school;

and

(c) Meaningfully collaborate with the Indian Tribe(s) or Native American organization(s) from which the applicant has received a letter of support in a timely, active, and ongoing manner with respect to the development and implementation of the educational program at the charter school.

Competitive Preference Priority 3— Single School Operators. (0 or 10 points under CFDA number 84.282E)

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Under this priority, applicants must provide evidence that the applicant currently operates one, and only one, charter school.

Competitive Preference Priority 4— Novice Applicants. (0 or 10 points under CFDA number 84.282B)

This priority is for applications submitted by novice applicants. (34 CFR 75.225)

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 any preference over other applications.

This priority is:

Opportunity Funds.

This priority is for applicants that have received or will receive an investment from a qualified opportunity fund under section 1400Z–2 of the Internal Revenue Code, as amended by the Tax Cuts and Jobs Act, for one or more of the following, as needed to open or to replicate or expand the school:

(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of the school) in improved or unimproved real property;

(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities;

(3) The predevelopment costs required to assess sites for purposes of subparagraph (1) or (2); and

(4) The acquisition of other tangible property.

In addressing this priority, an applicant must identify the qualified opportunity fund from which it has received or will receive financial assistance.

Definitions: The following definitions are from sections 4310 and 8101 of the ESEA, section 602 of the IDEA, 34 CFR

75.225 and 77.1, and the NFP.

Academically poor-performing public school means:

(a) A school identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the ESEA; or

(b) A public school otherwise identified by the State or, in the case of a charter school, its authorized public chartering agency, as similarly academically poor-performing. (NFP)

Ambitious means promoting continued, meaningful improvement for program participants or for other individuals or entities affected by the grant, or representing a significant advancement in the field of education research, practices, or methodologies.

When used to describe a performance target, whether a performance target is ambitious depends upon the context of the relevant performance measure and the baseline for that measure. (34 CFR 77.1)

Authorized public chartering agency means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school.

(Section 4310(1) of the ESEA)

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

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

(Section 4310(3) of the ESEA)

Charter school means a public school that—

(a) In accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements 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 clause (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 education programs or postsecondary students. (Section 4310(2) of the ESEA)

Child with a disability means—

(i) In general— The term ‘‘child with a disability’’ means a child—

(A) With intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as ‘‘emotional disturbance’’), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

(B) Who, by reason thereof, needs special education and related services.

(ii) Child aged 3 through 9— The term ‘‘child with a disability’’ 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—

(A) Experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: Physical development; cognitive development;

communication development; social or

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31855 Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices emotional development; or adaptive development; and

(B) Who, by reason thereof, needs special education and related services.

(Section 8101(4) of the ESEA and section 602 of the IDEA)

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. (Section 4310(5) of the ESEA)

Educationally disadvantaged student means a student in one or more of the categories described in section 1115(c)(2) of the ESEA, which include children who are economically disadvantaged, children with disabilities, migrant students, English learners, neglected or delinquent students, homeless students, and students who are in foster care. (NFP)

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. (Section 8101(20) of the

ESEA)

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. (Section 4310(7) of the

ESEA)

High proportion, when used to refer to Native American students, means a fact-specific, case-by-case determination based upon the unique circumstances of a particular charter school or proposed charter school. The Secretary considers ‘‘high proportion’’ to include a majority of Native American students. In addition, the Secretary may determine that less than a majority of Native American students constitutes a ‘‘high proportion’’ based on the unique circumstances of a particular charter school or proposed charter school, as described in the application for funds.

(NFP)

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 student. (Section 4310(8) of the ESEA)

Indian Tribe means a federally-recognized or a State-recognized Tribe.

(NFP)

Individual from a low-income family means an individual who is determined by a State educational agency or local educational agency to be a child from a low-income family on the basis of (a) data used by the Secretary to determine allocations under section 1124 of the ESEA, (b) data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, (c) data on children in families receiving assistance under part A of title IV of the Social Security Act,

(d) data on children eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act, or (e) an alternate method that combines or extrapolates from the data in items (a) through (d) of this definition. (NFP)

Institution of higher education means an educational institution in any State that—

(a) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 484(d)of the HEA;

(b) Is legally authorized within such State to provide a program of education beyond secondary education;

(c) Provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;

(d) Is a public or other nonprofit institution; and

(e) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

(NFP)

Logic model (also referred to as theory of action) means a framework that identifies key project components of the proposed project (i.e., the active ‘‘ingredients’’ that are hypothesized to be critical to achieving the relevant outcomes) and describes the theoretical and operational relationships among the key project components and relevant outcomes. (34 CFR 77.1)

Native American means an Indian (including an Alaska Native), as defined in section 6132(b)(2) of the ESEA, Native Hawaiian, or Native American Pacific Islander. (NFP)

Native American language means the historical, traditional languages spoken by Native Americans. (NFP)

Native American organization means an organization that—

(a) Is legally established—

(1) By Tribal or inter-Tribal charter or in accordance with State or Tribal law;

and

(2) With appropriate constitution, by-laws, or articles of incorporation;

(b) Includes in its purposes the promotion of the education of Native Americans;

(c) Is controlled by a governing board, the majority of which is Native American;

(d) If located on an Indian reservation, operates with the sanction or by charter

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31856 Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

3 Per section 4305(c) of the ESEA, Developer Grants shall have the same terms and conditions as grants awarded to State entities under section 4303.

For clarity, with respect to requirements that derive from section 4303 the Department has, as applicable, omitted the term ‘‘State entity’’ or replaced it with ‘‘eligible applicant.’’ In addition, the Department has replaced ‘‘State entity’s program’’ and ‘‘subgrant,’’ respectively, with ‘‘program’’ and ‘‘grant.’’ of the governing body of that reservation;

(e) Is neither an organization or subdivision of, nor under the direct control of, any institution of higher education; and

(f) Is not an agency of State or local government. (NFP)

Novice applicant means—

(a) Any applicant for a grant from the

Department that—

(i) Has never received a grant or subgrant under the program from which it seeks funding;

(ii) Has never been a member of a group application, submitted in accordance with 34 CFR 75.127–75.129, that received a grant under the program from which it seeks funding; and

(iii) Has not had an active discretionary grant from the Federal Government in the five years before the deadline date for applications for new awards under the program.

(b) In the case of a group application submitted in accordance with §§ 75.127–75.129, a group that includes only parties that meet the requirements of paragraph (a) of this definition.

(c) For the purposes of paragraph (a) of this definition, a grant is active until the end of the grant’s project or funding period, including any extensions of those periods that extend the grantee’s authority to obligate funds. (34 CFR 75.225)

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. (Section 4310(9) of the ESEA)

Rural community is a community served by one or more local educational agencies (LEAs) (a) with a locale code of 32, 33, 41, 42, or 43; or (b) that include a majority of schools with a locale code of 32, 33, 41, 42, or 43. Applicants are encouraged to retrieve locale codes from the National Center for Education Statistics School District search tool (https://nces.ed.gov/ccd/districtsearch/), where LEAs can be looked up individually to retrieve locale codes, and Public School search tool (https:// nces.ed.gov/ccd/schoolsearch/), where individual schools can be looked up to retrieve locale codes. (NFP)

Application Requirements:

Applications for CSP Developer Grant funds must address the following application requirements. These requirements are from the NFP and section 4303(f) 3 of the ESEA. The source of each requirement is provided in parentheses following each requirement. Except as otherwise provided, an applicant may choose to respond to each requirement separately or in the context of the applicant’s responses to the selection criteria in section V.1 of this notice.

Grants to Charter School Developers for the Opening of New Charter Schools (CFDA number 84.282B) and for the Replication and Expansion of High- Quality Charter Schools (CFDA number 84.282E).

Applicants for grants under CFDA number 84.282B or 84.282E must address the following application requirements. An applicant must respond to the requirements in paragraph (a) in a stand-alone section of the application or in an appendix.

(a) Describe the eligible applicant’s objectives in running a quality charter school program and how the program will be carried out, including—

(1) A description of how the eligible applicant will ensure that charter schools receiving funds under this program meet the educational needs of their students, including children with disabilities and English learners (Section 4303(f)(1)(A)(x) of the ESEA);

(2) A description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities of such partners (Section 4303(f)(1)(C)(i)(I) of the ESEA);

(3) A description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a school’s performance in the State’s accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revocation of the school’s charter, and how the authorized public chartering agency involved will reserve the right to revoke or not renew a school’s charter based on financial, structural, or operational factors involving the management of the school (Section 4303(f)(1)(C)(i)(II) of the ESEA);

(4) A description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 4310 of the ESEA (Section 4303(f)(1)(C)(i)(III) of the ESEA);

(5) A description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school that will receive funds under the grant (Section 4303(f)(1)(C)(i)(IV) of the

ESEA);

(6) A description of the eligible applicant’s planned activities and expenditures of grant funds to support the activities described in section 4303(b)(1) of the ESEA, and how the eligible applicant will maintain financial sustainability after the end of the grant period (Section 4303(f)(1)(C)(i)(V) of the ESEA);

(7) A description of how the eligible applicant will support the use of effective parent, family, and community engagement strategies to operate each charter school that will receive funds under the grant (Section 4303(f)(1)(C)(i)(VI) of the ESEA); and

(8) A description of how the eligible applicant will ensure that each charter school receiving funds under this program has considered and planned for the transportation needs of the school’s students (Section 4303(f)(1)(E) of the

ESEA).

(b) Describe the educational program that the applicant will implement in the charter school receiving funding under this program, including—

(1) Information on how the program will enable all students to meet the challenging State academic standards;

(2) The grade levels or ages of students who will be served; and

(3) The instructional practices that will be used. (NFP)

(c) Describe how the applicant will ensure that the charter school that will receive funds will recruit, enroll, and retain students, including educationally disadvantaged students, which include children with disabilities and English learners. (NFP)

(d) Describe the lottery and enrollment procedures that the applicant will use for the charter school if more students apply for admission than can be accommodated and, if the applicant proposes to use a weighted lottery, how the weighted lottery complies with section 4303(c)(3)(A) of the ESEA. (NFP)

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31857 Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

4 States in which a State entity currently has an approved CSP State Entity grant application under section 4303 of the ESEA are Arizona, Arkansas, Colorado, Delaware, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Texas, and Wisconsin. We will not consider applications from applicants in these States under either CFDA 84.282B or 84.282E.

(e) Provide a complete logic model (as defined in 34 CFR 77.1) for the grant project. The logic model must include the applicant’s objectives for implementing a new charter school or replicating or expanding a high-quality charter school with funding under this competition. (NFP)

(f) Provide a budget narrative, aligned with the activities, target grant project outputs, and outcomes described in the logic model, that outlines how grant funds will be expended to carry out planned activities. (NFP)

(g) If the applicant proposes to open a new charter school (CFDA number 84.282B) or proposes to replicate or expand a high-quality charter school (CFDA number 84.282E) that provides a single-sex educational program, demonstrate that the proposed single-sex educational programs are in compliance with the title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.) (‘‘Title IX’’) and its implementing regulations, including 34

CFR 106.34. (NFP)

(h) Provide the applicant’s most recent available independently audited financial statements prepared in accordance with generally accepted accounting principles. (NFP)

(i) Provide—

(1) A request and justification for waivers of any Federal statutory or regulatory provisions that the eligible entity believes are necessary for the successful operation of the charter school to be opened or to be replicated or expanded; and

(2) A description of any State or local rules, generally applicable to public schools, that will be waived or otherwise not apply to the school that will receive funds. (NFP)

(j) Describe how each school that will receive funds meets the definition of charter school under section 4310(2) of the ESEA. (NFP)

Grants for the Replication and Expansion of High-Quality Charter Schools (CFDA number 84.282E).

In addition to the preceding application requirements, applicants for grants under CFDA number 84.282E must—

(a) For each charter school currently operated or managed by the applicant, provide—

(1) Information that demonstrates that the school is treated as a separate school by its authorized public chartering agency and the State, including for purposes of accountability and reporting under title I, part A of the ESEA;

(2) Student assessment results for all students and for each subgroup of students described in section 1111(c)(2) of the ESEA;

(3) Attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates;

and

(4) Information on any significant compliance and management issues encountered within the last three school years by the existing charter school being operated or managed by the eligible entity, including in the areas of student safety and finance. (NFP)

Assurances: Applicants for CSP Developer grants must provide the following assurances. These assurances are from section 4303(f) of the ESEA.

The source of each assurance is provided in parentheses following each assurance.

Applicants for funds under this program must provide assurances that—

(a) Each charter school receiving funds through this program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions (Section 4303(f)(2)(A) of the ESEA);

(b) The eligible applicant will support charter schools in meeting the educational needs of their students, as described in section 4303(f)(1)(A)(x) of the ESEA (Section 4303(f)(2)(B) of the ESEA); and

(c) The eligible applicant will ensure that each charter school receiving funds under this 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 website of the school, information to help parents make informed decisions about the education options available to their children, including—

(i) Information on the educational program;

(ii) Student support services;

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

(iv) Enrollment criteria (as applicable); and

(v) 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 statically reliable information or the results would reveal personally identifiable information about an individual student. (Section 4303(f)(2)(G) of the ESEA)

Program Authority: Title IV, part C of the ESEA, as amended.

Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. (d) The

NFP.

II. Award Information

Type of Award: Discretionary grants.

Estimated Available Funds:

$14,460,000.

Estimated Range of Awards:

$150,000–$300,000 per year.

Estimated Average Size of Awards:

$300,000 per year.

Maximum Award: See Reasonable and Necessary Costs in section III.4. for information regarding the maximum amount of funds that may be awarded per new school seat and per new school.

Estimated Number of Awards: 25–35.

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 available funds to support multiple 12-month budget periods for one or more grantees.

Project Period: Up to 60 months.

III. Eligibility Information

1. Eligible Applicants: Eligible applicants are developers that have—

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

(b) Provided adequate and timely notice to that authority. (Section 4310(6) of the ESEA).

Additionally, the charter school must be located in a State with a State statute specifically authorizing the establishment of charter schools (section 4310(2) of the ESEA) and in which a State entity currently does not have a CSP State Entity grant (CFDA number 84.282A) under section 4303 of the ESEA.4 (Section 4305(a)(2) of the ESEA). Eligibility in a State with a CSP SEA grant (CFDA 84.282A) under the

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5 States in which the SEA currently has an approved CSP SEA grant application under the ESEA, as amended by NCLB (i.e., a grant award made in fiscal year 2016 or earlier), include California, District of Columbia, Florida, Georgia, Illinois, Louisiana, Massachusetts, Nevada, Ohio, Oregon, South Carolina, Tennessee, and Washington. We will not consider applications from applicants in these States for grants for the opening of new charter schools submitted under CFDA number 84.282B.

6 States in which the SEA currently has an approved CSP SEA grant application under the ESEA, as amended by NCLB (i.e., a grant award made in fiscal year 2016 or earlier) and have approved amendment requests that authorize the SEA to make subgrants for replication and expansion, include California, District of Columbia, Nevada, Ohio, and Oregon. We will not consider applications from applicants in these States under CFDA 84.282E either.

ESEA, as amended by NCLB, is limited to grants for replication and expansion 5 (CFDA 84.282E) and only if the Department has not approved an amendment to the SEA’s approved grant application authorizing the SEA to make subgrants for replication and expansion.6

As a general matter, the Secretary considers charter schools that have been in operation for more than five years to be past the initial implementation phase and, therefore, ineligible to receive CSP funds under CFDA number 84.282B to support the opening of a new charter school or under CFDA number 84.282E for the replication of a high-quality charter school; however, such schools may receive CSP funds under CFDA number 84.282E for the expansion of a high-quality charter school.

Note: If an applicant has applied to an authorized public chartering agency to operate a new school and has not yet been approved, it should include information in its application addressing the plan and timeline to receive notification from the authorizer on the final decision.

Additionally, an applicant should delineate any costs in its proposed budget that are projected to be incurred prior to the date the applicant’s charter school application is approved by the authorized public chartering agency.

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

3. Subgrantees: A grantee under this competition may not award subgrants to entities to directly carry out project activities described in its application.

4. Reasonable and Necessary Costs:

The Secretary may elect to impose maximum limits on the amount of grant funds that may be awarded for a new charter school, or replicated, or expanded, high-quality charter school.

For this competition, the maximum limit of grant funds that may be awarded for a new, replicated, or expanded charter school is $1,500,000.

In accordance with 2 CFR 200.404, 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.

A charter school that previously has received CSP funds for replication or expansion or for planning or initial implementation of a charter school under CFDA number 84.282A or 84.282M (under the ESEA) may not use funds under this grant for the same purpose. However, such charter school may be eligible to receive funds under this competition to expand the charter school beyond the existing grade levels or student count. Likewise, a charter school that receives funds under this competition is ineligible to receive funds for the same purpose under section 4303(b)(1) or 4305(b) of the ESEA, including opening and preparing for the operation of a new charter school, opening and preparing for the operation of a replicated high-quality charter school, or expanding a high-quality charter school (i.e., CFDA number 84.282A or 84.282M).

IV. Application and Submission Information

1. Application Submission Instructions: For information on how to submit an application please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on February 13, 2019 (84 FR 3768) and available at www.govinfo.gov/content/pkg/FR-2019- 02-13/pdf/2019-02206.pdf, which contain requirements and information on how to submit an application.

2. Submission of Proprietary Information: Given the types of projects that may be proposed in applications for this competition, an application may include business information that the applicant considers 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 of the Freedom of Information Act. In the appropriate Appendix section of your application, under ‘‘Other Attachments Form,’’ please list the page number or numbers on which we can find this information.

For additional information please see 34 CFR 5.11(c).

3. Intergovernmental Review: This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. Please note that, under 34 CFR 79.8(a), we have shortened the standard 60-day intergovernmental review period in order to make awards by the end of

FY 2019.

4. Funding Restrictions: Grantees must use the grant funds to open and prepare for the operation of a new charter school; to open and prepare for the operation of a replicated high-quality charter school; or to expand a high-quality charter school, as applicable. Grant funds must be used to carry out allowable activities, described in section 4303(h) of the ESEA, which include the following:

(a) Preparing teachers, school leaders, and specialized instructional support personnel, including through paying costs associated with—

(1) Providing professional development; and

(2) Hiring and compensating, during the eligible applicant’s planning period specified in the application for funds, one or more of the following:

(i) Teachers.

(ii) School leaders.

(iii) Specialized instructional support personnel.

(b) Acquiring supplies, training, equipment (including technology), and educational materials (including developing and acquiring instructional materials).

(c) Carrying out necessary renovations to ensure that a new school building complies with applicable statutes and regulations, and minor facilities…