2025-08092.pdf

19694 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices selected for funding. For additional information on the open licensing requirements please refer to 2 CFR 3474.20.

4. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. See the standards in 2 CFR 170.105 to determine whether you are covered by 2 CFR part 170.

(b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary.

The Secretary may also require more frequent performance reports. For specific requirements on reporting, please go to www.ed.gov/fund/grant/ apply/appforms/appforms.html.

5. Performance Measures: The Department has developed the following performance measure for the purpose of Department reporting under 34 CFR 75.110:

(a) Program Performance Measures.

(1) The ratio of funds leveraged by States for charter school facilities to funds awarded by the Department under the program. Grantees must provide information that is responsive to this measure as part of their annual performance reports.

(2) In accordance with 34 CFR 75.110(b), applications must describe:

(i) The data collection and reporting methods the applicant would use and why those methods are likely to yield reliable, valid, and meaningful performance data.

(ii) The applicant’s capacity to collect and report the quality of the performance data, as evidenced by quality data collection, analysis, and reporting in other projects or research.

(b) Project-Specific Performance Measures. Applicants must propose project-specific performance measures and performance targets consistent with the objectives of the proposed project. In accordance with 34 CFR 75.110(c), applications must include the following:

(1) Project-specific performance measures. How each proposed project-specific performance measure would:

accurately measure the performance of the project; be consistent with the program performance measures established under paragraph (a) of this section; and be used to inform continuous improvement of the project.

(2) Baseline data. (i) Why each proposed baseline is valid and reliable, including an assessment of the quality data used to establish the baseline; or

(ii) if the applicant has determined that there are no established baseline data for a particular performance measure, an explanation of why there is no established baseline and of how and when, during the project period, the applicant would establish a valid baseline for the performance measure.

(3) Performance targets. Why each proposed performance target is ambitious yet achievable compared to the baseline for the performance measure and when, during the project period, the applicant would meet the performance target(s).

All grantees must submit an annual performance report with information that is responsive to these performance measures.

6. Data Collection and Reporting: (i) The data collection and reporting methods the applicant would use and why those methods are likely to yield reliable, valid, and meaningful performance data; and (ii) The applicant’s capacity to collect and report reliable, valid, and meaningful performance data, as evidenced by high-quality data collection, analysis, and reporting in other projects or research.

Note: If applicants do not have experience with collection and reporting of performance data through other projects or research, they should provide other evidence of their capacity to successfully carry out data collection and reporting for their proposed project.

7. Continuation Awards: In making a continuation award, the Secretary considers, among other things: whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, whether the grantee has made substantial progress in achieving the performance targets in the grantee’s approved application.

In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department.

8. Project Directors’ Meeting:

Applicants approved for funding under this competition must attend a meeting for project directors at a location to be determined in the continental United

States during each year of the project.

Applicants may include the cost of attending this meeting as an administrative cost in their proposed budgets.

9. Technical Assistance: Grantees under this competition must participate in all program technical assistance offerings provided by the Department and its contractual technical assistance providers and partners throughout the life of the project.

VII. Other Information

Accessible Format: On request to the program contact person listed under FOR

FURTHER INFORMATION CONTACT,

individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, compact disc, or other accessible format.

Electronic Access to This Document:

The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other Department documents published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

You may also access Department documents published in the Federal Register by using the article search feature at: www.federalregister.gov.

Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

Hayley B. Sanon, Principal Deputy Assistant Secretary and Acting Assistant Secretary, Office of Elementary and Secondary Education.

[FR Doc. 2025–08093 Filed 5–8–25; 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 (State Entity Grants)

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

ACTION: Notice.

VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1lo tte r on

D S

K

X Q

N

P R

O D w ith

N O

T

IC

E S http://www.ed.gov/fund/grant/apply/appforms/appforms.html http://www.ed.gov/fund/grant/apply/appforms/appforms.html http://www.federalregister.gov http://www.govinfo.gov

19695 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices

1 Defined terms are italicized the first time they are used.

SUMMARY: The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2025 for CSP Grants to State Entities.

DATES:

Applications Available: May 9, 2025.

Application Deadline: June 9, 2025.

Deadline for Intergovernmental

Review: August 7, 2025.

ADDRESSES: For the addresses for obtaining and submitting an application, please refer to the Application Submission Instructions section.

FOR FURTHER INFORMATION CONTACT:

Sareeta Schmitt, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202–5970.

Telephone: (202) 205–0730. Email: SE_ Competition@ed.gov.

If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

1. Purpose of Program: Through CSP State Entity grants, the Department awards grants on a competitive basis to State entities 1 that, in turn, award subgrants to eligible applicants for the purpose of opening new charter schools and replicating and expanding high-quality charter schools.

This program provides financial assistance to State entities to support charter schools that serve elementary and secondary school students in States with a State statute specifically authorizing the establishment of charter schools. Charter schools receiving funds under this program may also serve students in early childhood education programs or postsecondary students.

Assistance Listing Number: 84.282A.

OMB Control Number: 1810–0767.

Note: The table below highlights key aspects of the funding opportunity in this NIA. Applicants are encouraged to thoroughly review this notice for a detailed listing and description of all competition requirements before submitting an application.

TABLE 1—FUNDING OPPORTUNITY AT-A-GLANCE

Topic Notes

Application submission deadline .......... All interested applicants must submit applications in Grants.gov no later than 11:59 p.m. Eastern time on June 9, 2025. Complete instructions on how to register and apply can be found at Grants.gov.

Eligibility Additional information on eligibility, in-cluding a list of eligible States under this competition, is available in the Eligible Applicants for Grants section below.

State entities with a State statute specifically authorizing the establishment of charter schools are eligi-ble to apply.

No State entity may receive a grant under this program for use in a State in which a State entity is cur-rently using a grant received under this program.

‘‘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.

Funding ................................................. Estimated Available Funds: $107,000,000.

Estimated Range of Awards: $2,000,000 to $20,000,000 per year.

Estimated Average Size of Awards: $9,000,000 per year.

Estimated Number of Awards: 4–6.

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

Absolute Priority (AP) The full text of the AP is in the Prior-ities section below.

This notice includes one AP. We consider for funding only applications that meet the AP.

AP: Best Practices for Charter School Authorizers.

Competitive Preference Priorities (CPPs).

The full text of the CPPs is in the Pri-orities section below.

This notice includes five CPPs. We award additional points to an application that addresses the CPPs.

Responding to the CPPs is optional.

1. At Least One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals Process (0 or 1 point).

2. Equitable Financing (up to 2 points).

3. Best Practices to Improve Struggling Schools and LEAs (up to 2 points).

4. Charter School Facilities (up to 2 points).

5. Serving At-Risk Students (up to 3 points).

Invitational Priority (IP) The full text of the IP is in the Priorities section below.

This notice includes one IP. We are particularly interested in applications that meet the IP but do not give them competitive or absolute preference over others. Responding to the IP is optional.

IP: Encouraging Innovative Charter School Models.

Application Requirements .................... Applicants are required to address all application requirements in this notice.

Requests for Waiver ............................. Applicants may include in their applications a request and justification for a waiver of any Federal statu-tory or regulatory requirements over which the Secretary exercises authority, except for requirements in the definition of ‘‘charter school’’ under the CSP.

Selection Criteria The full text is in the Selection Criteria section below.

We evaluate applications using selection criteria. The maximum score for addressing all selection cri-teria is 100 points.

(a) Quality of the Project Design (30 points).

(b) Quality of Eligible Applicants Receiving Subgrants (15 points).

(c) State Plan (35 points).

(d) Quality of the Management Plan (up to 20 points).

2. Award Information.

Type of Award: Discretionary grants.

Estimated Available Funds:

$107,000,000. Contingent upon the availability of funds and the quality of applications, we may make additional awards in subsequent years from the list

VerDate Sep<11>2014 18:24 May 08, 2025 Jkt 265001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1lo tte r on

D S

K

X Q

N

P R

O D w ith

N O

T

IC

E S mailto:SE_Competition@ed.gov

19696 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices

2 Under 34 CFR 75.261, a grantee may extend the project period of an award one time for up to 12 months without the prior approval of the Department if the grantee meets the requirements for extension in 2 CFR 200.308(g)(2), and Department statutes, regulations, and the terms of the award do not prohibit the extension.

3 Although section 4303(g)(2)(F) of the ESEA uses the term ‘‘authorizing public chartering agencies,’’ consistent with section 4310(1), the correct term is ‘‘authorized public chartering agencies.’’

4 See Assurance (5) in the Requirements section below for additional detail on how a State entity may promote quality authorizing.

of unfunded applications from this competition.

Estimated Range of Awards:

$2,000,000 to $20,000,000 per year.

Estimated Average Size of Awards:

$9,000,000 per year.

Maximum Award: See section II.3(a) of this notice, Reasonable and Necessary Costs, for information regarding the maximum amount of funds that State entities may award for each charter school receiving subgrant funds.

Estimated Number of Awards: 4–6.

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 2025 funds to support multiple 12-month budget periods for one or more grantees.

Project Period: Up to 60 months.

3. Eligible Applicants for Grants: State entities in States with a specific State statute authorizing the granting of charters to schools.

Under section 4303(e)(1) of the Elementary and Secondary Education Act of 1965, as amended (ESEA), no State entity may receive a grant under this competition for use in a State in which a State entity is currently using a CSP State Entity grant.

State entities located in States in which a State entity has a current CSP State Entity grant that is not in its final budget period, or that is in its final budget period, but the grantee plans to request a one-time no-cost extension in accordance with 34 CFR 75.261 and 2 CFR 200.308(g)(2) 2 (i.e., Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wisconsin), are ineligible to apply for a CSP State Entity grant under this competition.

State entities located in States in which a State entity has a current CSP State Entity grant that is operating under a no-cost extension (i.e., Alabama, Arkansas, Delaware, New Hampshire, and Washington), or that is not operating under a no-cost extension but is in its final budget period and has notified the Department that it does not intend to request a no-cost extension

(i.e., Nevada), however, are eligible to apply for a CSP State Entity grant under this competition. The Department will accept applications from current State entity grantees located in these States as well as from State entities located in these States that do not have current grants.

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 among such State entities will be funded.

Note: Charter school developers in a State in which no State entity has an approved State Entity grant application under section 4303 of the ESEA may apply for funding directly from the Department under the CSP Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High- Quality Charter Schools (Developer) (ALN numbers 84.282B and 84.282E) program. Additional information about the CSP Developer program is available at https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/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.

4. Priorities This notice includes one absolute priority, five competitive preference priorities, and one invitational priority. In accordance with 34 CFR 75.105(b)(2)(iv), the absolute priority and competitive preference priorities are from section 4303(g)(2) of the ESEA (20 U.S.C. 7221b(g)(2)).

Absolute Priority: For FY 2025, and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. We consider only applications that meet the absolute priority.

This priority is:

Best Practices for Charter School

Authorizers.

To meet this priority, the State entity must demonstrate that it has taken steps to ensure that all authorized public chartering agencies 3 implement best practices for charter school authorizing.4

Competitive Preference Priorities: For FY 2025, and any subsequent year in which we make awards from the list of unfunded applications from this competition, these priorities are competitive preference priorities. We award 1 additional point to an application that meets Competitive Preference Priority 1; up to 2 additional points depending on how well an application meets Competitive Preference Priority 2; up to 2 additional points depending on how well an application meets Competitive Preference Priority 3; up to 2 additional points depending on how well an application meets Competitive Preference Priority 4; and up to 3 additional points depending on how well an application meets Competitive Preference Priority 5. An application may receive a maximum of 10 additional points under the competitive preference priorities.

An applicant must identify in the abstract form and in the project narrative section of its application the priority or priorities it wishes the Department to consider for purposes of earning competitive preference priority points. The Department will not review or award points for any competitive preference priority that an applicant fails to clearly identify as a competitive preference priority that it wishes the Department to consider for purposes of awarding competitive preference priority points.

These priorities are:

Competitive Preference Priority 1—At

Least One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals Process (0 or 1 point).

To meet this priority, the State entity must demonstrate that it is located in a State that—

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

(b) In the case of a State in which LEAs 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 2— Equitable Financing (up to 2 points).

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

Competitive Preference Priority 3— Best Practices to Improve Struggling Schools and LEAs (up to 2 points).

To be eligible to receive points under this priority, the State entity must demonstrate that it is located in a State

VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1lo tte r on

D S

K

X Q

N

P R

O D w ith

N O

T

IC

E S https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/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

19697 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices that uses best practices from charter schools to help improve struggling schools and LEAs.

Competitive Preference Priority 4— Charter School Facilities (up to 2 points).

To be eligible to receive points under this priority, the State entity must demonstrate that it is located in a State that 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.

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

Competitive Preference Priority 5—

Serving At-Risk Students (up to 3 points).

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

Invitational Priority: For FY 2025, and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an invitational priority.

Under 34 CFR 75.105(c)(1), we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.

This priority is:

Invitational Priority—Encouraging

Innovative Charter School Models.

Background: Charter schools are a key pillar in providing access to education choice, empowering parents and families to seek the best learning environment for their children and fostering innovation in education models that address the unique needs of students across the country. Through this competition, the Department is interested in supporting further innovation in charter schools, and for this reason, we have included an Invitational Priority to encourage the growth of high-quality charter school models that employ innovative practices to meet the needs of students and provide parents and families with high-quality options for their children.

Priority: The Secretary is particularly interested in applications that propose to encourage, but not require, eligible applicants for subgrants to propose high-quality charter school models that focus on one or more of the following:

classical and civics education; science, technology, engineering, and mathematics (STEM) education, including computer science; career and technical education; other innovative educational practices with evidence of success; or serving students with particularly unique needs, such as students with disabilities or receiving special education or related services, military-connected students, students living in rural areas, or Native American students.

5. Requirements:

The application requirements in this notice are from section 4303(f) of the ESEA (20 U.S.C. 7221b(f)). The Department will not fund an application that does not meet each application requirement. Applicants must clearly identify the application requirement they are addressing in the project narrative.

Application Requirements:

Applications for funding under the

CSP State Entity program must contain the following:

(a) 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—

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

(i) 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);

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

(iii) 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 students with disabilities and English learners;

(iv) Ensure that authorized public chartering agencies, in collaboration with surrounding LEAs 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 schools;

(v) In the case of a State entity that is not a State educational agency (SEA)—

(A) Work with the SEA 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 SEA to operate the State entity’s program under section 4303 of the ESEA, if applicable;

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

(A) Is using funds provided under this program 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 section 4303 of the ESEA in a manner consistent with the eligible applicant’s application for such subgrant once the subgrant funds under this program are no longer available;

(vii) Support—

(A) Charter schools in LEAs 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;

(viii) 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;

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

(x) Ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including children with disabilities and English learners;

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

(xii)(A) In the case of a State entity that is not a charter school support

VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1lo tte r on

D S

K

X Q

N

P R

O D w ith

N O

T

IC

E S

19698 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices

5 In accordance with 34 CFR 75.105(c)(2)(i), applications are not required to address competitive preference priorities but may receive additional points if they do so. However, 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 1 through 5. 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.

organization, 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 of the authorizing activity of authorized public chartering agencies, as described in application requirement (a)(1)(xii)(A); and

(xiii) 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 (a)(1)(i) that are high schools (ESEA section 4303(f));

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

(i) Is able to meet and carry out Competitive Preference Priorities 1 through 5; 5

(ii) 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

(iii) Is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and LEAs on the sharing of best practices (ESEA section 4303(f));

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

(i) A description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application must include the following:

(A) A description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations (CMOs), including the administrative and contractual roles and responsibilities of such partners (ESEA section 4303(f));

(B) 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 State entity and 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 (ESEA section 4303(f));

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

(D) 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 State entity’s program (ESEA section 4303(f));

(E) A description of the eligible applicant’s planned activities and expenditures of subgrant funds to support opening and preparing for the operation of new charter schools, opening and preparing for the operation of replicated high-quality charter schools, or expanding high-quality charter schools, and how the eligible applicant will maintain financial sustainability after the end of the subgrant period (ESEA section 4303(f));

(F) 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 State entity’s program (ESEA section 4303(f)); and

(ii) A description of how the State entity will review applications from eligible applicants (ESEA section 4303(f));

(4) 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 (ESEA section 4303(f));

(5) 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 (4303(f));

(6) 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 (ESEA section 4303(f));

(7) A description of how the State entity will support diverse charter school models, including models that serve rural communities (ESEA section 4303(f));

(b) Assurances—Assurances by the State entity that—

(1) 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 (ESEA section 4303(f));

(2) The State entity will support charter schools in meeting the educational needs of their students, including children with disabilities and English learners (ESEA section 4303(f));

(3) 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 (ESEA section 4303(f));

(4) The State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in application requirement (a)(1)(viii) (ESEA section 4303(f));

(5) 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 ability to monitor the charter schools authorized by the agency, including by—

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

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

(iii) 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 renewal, non-renewal, or revocation of the school’s charter (ESEA section 4303(f));

VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1lo tte r on

D S

K

X Q

N

P R

O D w ith

N O

T

IC

E

19699 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices

6 The Department will apply this element of the definition of ‘‘charter school’’ consistent with applicable U.S. Supreme Court precedent, including Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S.Ct. 2012 (2017), Espinoza v.

Montana Department of Revenue, 140 S.Ct. 2246 (2020), and Carson v. Makin, 142 S.Ct. 1987 (2022).

(6) The State entity will work to ensure that charter schools are included with the traditional public schools in decision-making about the public school system in the State (ESEA section 4303(f)); and

(7) 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 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 must 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 (ESEA section 4303(f)).

(c) Waivers—Requests for information about waivers, including—

(1) 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

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

4303(a) of the ESEA).

Note: The Secretary recognizes that

State entities and the charter schools they serve may need additional flexibility in implementing CSP grants and subgrants to achieve the purposes of the CSP. Under section 4303(d)(5) of the ESEA, the Secretary, in her discretion, may waive any statutory or regulatory requirement over which she exercises administrative authority, except the requirements related to the definition of

‘‘charter school’’ in section 4310(2), provided that the waiver is requested in an approved application and the Secretary determines that granting the waiver will promote the purposes of the

CSP.

For example, a State Entity applicant may request approval from the Department, on behalf of its subgrant applicants, for a waiver of requirements in section 4303(h) of the ESEA regarding use of funds to allow subgrantees to use funds for sustained costs (e.g., personnel costs for school leaders or instructional staff, software subscriptions, student assessments, etc.) throughout the life of the grant, provided that such costs are necessary to open new charter schools or replicate or expand high-quality charter schools and that the charter school can demonstrate that it will maintain financial sustainability after the end of the subgrant period.

6. Definitions: The following definitions are from sections 4303(a), 4310, and 8101 of the ESEA (20 U.S.C.

7221b(a), 7221i, and 7801); 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, 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 an SEA, LEA, 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—

(1) 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;

(2) 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;

(3) 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;

(4) Provides a program of elementary or secondary education, or both;

(5) Is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; 6

(6) Does not charge tuition;

(7) 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 Individuals with Disabilities Education Act (IDEA);

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

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

(ii) In the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in paragraph (i);

(9) 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;

(10) Meets all applicable Federal, State, and local health and safety requirements;

(11) Operates in accordance with State law;

(12) Has a written performance contract with the authorized public

VerDate Sep<11>2014 17:11 May 08, 2025 Jkt 265001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1lo tte r on

D S

K

X Q

N

P R

O D w ith

N O

T

IC

E

19700 Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices 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

(13) May serve students in early childhood education programs or postsecondary students (section 4310(2) of the ESEA).

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

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

(2) Technical assistance to operating charter schools (section 4310(4) of the

ESEA).

Child with a disability means—

(1) A child (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to 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.

(2) 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 LEA, 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 (section 8101(4) of the ESEA).

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).

Early childhood education program means—

(1) 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;

(2) A State licensed or regulated child care program; or

(3) A program that (i) serves children from birth through age 6 that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and (ii) is (A) a State prekindergarten program, (B) a program authorized under section 619 (20 U.S.C. 1419) or part C of the IDEA, or (C) a program operated by an LEA (section 8101(16) of the ESEA).

Eligible applicant means a developer that has—

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

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

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

(1) Who is aged 3 through 21;

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

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

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

(B) 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

(iii) 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

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

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

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

(iii) 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-quality charter school means a charter school that—

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

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

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

(4) 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).

Logic model (also referred to as a 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).

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) (section 8101(38) of the ESEA).

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).

Project component means an activity, strategy, intervention, process, product, practice, or policy included in a project.

Evidence may pertain to an individual project component or to a combination of project components (e.g., training teachers on instructional practices for English learners and follow-on coaching for these teachers) (34 CFR 77.1).

Public, as applied to an agency, organization, or institution, means that the agency, organization, or institution is under the administrative supervision or control of a government other than the Federal Government. (34 CFR 77.1).

Relevant outcome means the student outcome(s) or other outcome(s) the…