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FY 2018
U.S. Department of Education Office of Innovation and Improvement Washington, DC 20202‐5970
[APPLICATION FOR GRANTS UNDER THE
EXPANDING OPPORTUNITIES THROUGH
QUALITY CHARTER SCHOOLS PROGRAM ‐‐
GRANTS TO STATE ENTITIES ]
CFDA Number: 84.282A Charter Schools Program Grants to State Entities Form Approved OMB No. 1894‐0006 Expiration Date: 01/31/2018 Closing Date: April 20, 2018
Table of Contents
I. Introduction Letter to Applicant
Submission Procedures
II. Program Background Information Program Overview
Authorizing Legislation
III. Notice Inviting Applications Competition Highlights
Specific Features for FY 2018
IV. Application Submission Procedures Application Tips
DUNS Number Instructions
Electronic Submission Policy
Electronic Notification Option for Grant Awards
V. Application Instructions Electronic Application Format
Completing and Submitting Your Application
FY 2018 Application Checklist
A. Required Forms Required Forms Instructions
Assurances and Certifications Instructions
B. Application Narrative Instructions Instructions for Project Narrative
FY 2018 Priorities
FY 2018 Selection Criteria
Application Requirements
Grantee Reporting and Performance Measures
Instructions for Budget Narrative
Instructions for completing the Budget Narrative
Other Attachments/Appendix
Charter Schools Program Assurances – Grants to State Entities ........ Error! Bookmark not defined.
VI. Additional Information Executive Order 12372
Paperwork Burden Statement
I. Introduction
LETTER TO APPLICANT
UNITED STATES DEPARTMENT OF EDUCATION
Office of Innovation and Improvement
Dear Applicant, Thank you for your interest in applying for a fiscal year (FY) 2018 Grant to State Entities (State entities) under the United States
Department of Education’s (Department's) Expanding Opportunity through Quality Charter Schools Program (CSP). For FY 2018, up to
$$350million are expected to be available to support the continued development of high‐quality charter schools and the dissemination of charter school best practices throughout the nation. Approximately $150 million of these funds are dedicated to this grant competition.
The CSP is authorized under Title IV, Part C of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every
Student Succeeds Act of 2015 (ESSA) (20 U.S.C. 7221‐7221j).
The purpose of the State entities competition (84.282A) is to award grants to State entities to enable them to award subgrants to eligible applicants to enable such eligible applicants to open and prepare for the operation of new charter schools and to replicate and expand high‐quality charter schools. Grant funds may also be used to provide technical assistance, which may include technical assistance to eligible applicants and authorized public chartering agencies in opening and preparing for the operation of new charter schools, or replicating or expanding high‐quality charter schools; and working with authorized public chartering agencies to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools.
Please read the document in the attached application package entitled Grants.gov Submission Procedures and Tips for Applicants which describes the submission procedures to ensure that your application is received in a timely and acceptable manner. Applications for funds under the FY 2018 State entities competition (CFDA 84.282A) must be submitted electronically using the governmentwide Grants.gov apply site at www.Grants.gov on or before the deadline date. The electronic submission of applications is required; therefore, you must submit an electronic application unless you follow the procedures in the Notice Inviting Applications for New Awards for FY2018 that was published in the Federal Register on March 9, 2018 (FY 2018 Notice) (83 FR 10455) and qualify for one of the exceptions to the electronic submission requirement. If you think you may need an exception, you are urged to review the requirements promptly in order to obtain prior approval from the Department within the timeline specified in the FY 2018 Notice.
Please note that the deadline for submission of a grant application under this competition is Friday, March 20, 2018 4:30:00 p.m., Washington, DC time. Applications submitted late will not be accepted. The Department is required to enforce the established deadline to ensure fairness to all applicants. We suggest that you submit your application several days before the deadline, and we strongly recommend that you do not wait until the last day to submit your application. Please note that prospective applicants must register with
Grants.gov and the System for Award Management (SAM) as well as obtain several authorizations in order to submit an application. This registration process can take several weeks, so we recommend that you begin the process well in advance of the application deadline date.
A CSP program officer is available to provide technical assistance to applicants. If you have any questions about the program after reviewing the application package, please e‐mail Amy B. Huber at CharterSchools@ed.gov. For questions or problems in navigating the
Grants.gov system, please call the Grants.gov helpdesk at 1‐800‐518‐4726.
We look forward to receiving your application and appreciate your efforts in increasing the national understanding of the charter school model and expanding the number of high quality charter schools across the Nation.
Sincerely, Stefan Huh Director, Charter Schools Program Office of Innovation and Improvement
400 MARYLAND AVE. SW, WASHINGTON, DC 20202
www.ed.gov The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.
SUBMISSION PROCEDURES
IMPORTANT – PLEASE READ FIRST
U.S. Department of Education
Grants.gov Submission Procedures and Tips for Applicants
The deadline for submission of all FY 2018 State Entities applications through Grants.gov is April 20, 2018 at 4:30:00 P.M., Washington, DC time.
To facilitate your use of Grants.gov, this document includes important submission procedures you need to be aware of to ensure your application is received in a timely manner and accepted by the Department of Education.
Browser Support
The latest versions of Microsoft Internet Explorer (IE), Mozilla Firefox, Google Chrome, and Apple Safari are supported for use with Grants.gov. However, these web browsers undergo frequent changes and updates, so we recommend you have the latest version when using Grants.gov. Legacy versions of these web browsers may be functional, but you may experience issues.
For additional information or updates, please see the Grants.gov Browser information in the Applicant FAQs:
http://www.grants.gov/web/grants/applicants/applicant‐faqs.html#browser
ATTENTION – Adobe Forms and PDF Files Required Applications submitted to Grants.gov for the U.S. Department of Education will be posted using Adobe forms.
Therefore, applicants will need to download the latest version of Adobe reader. Information on computer and operating system compatibility with Adobe and links to download the latest version is available on Grants.gov at this link: http://www.grants.gov/web/grants/applicants/adobe‐software‐compatibility.html. We strongly recommend that you review these details on www.Grants.gov before completing and submitting your application.
In addition, applicants should submit their application a day or two in advance of the closing date as detailed below. Also, applicants are required to upload their attachments in .pdf format only. (See details below under “Attaching Files – Additional Tips.”) If you have any questions regarding this matter please email the Grants.gov Contact Center at support@grants.gov or call 1‐800‐518‐4726.
NEW: In addition to the Adobe form application package, Grants.gov now offers a new option called Workspace for application completion and submission. Workspace allows a team of registered Grants.gov applicants to use a shared online space for completing individual forms and submitting the final application. These forms can be filled out simultaneously by different users, instead of exchanging a single PDF package file via email or a flash drive as is used when completing the traditional Adobe application package. Please go to this Grants.gov link for more information and training, etc. on using Workspace: http://www.grants.gov/web/grants/applicants/workspace‐ overview.html.
1) REGISTER EARLY – Grants.gov registration involves many steps including registration on SAM (https://www.sam.gov/) which may take approximately one week to complete, but could take upwards of several weeks to complete, depending upon the completeness and accuracy of the data entered into the SAM database by an applicant. You may begin working on your application while completing the registration process, but you cannot submit an application until all of the Registration steps are complete.
Please note that once your SAM registration is active, it will take 24‐48 hours for the information to be available in Grants.gov, and before you can submit an application through Grants.gov. For detailed information on the Registration Steps, please go to: http://www.grants.gov/web/grants/register.html.
[Note: Your organization must update its SAM registration annually.]
Primary information about SAM is available at https://www.sam.gov/. However, to further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account the Department of Education has prepared a SAM.gov Tip Sheet which you can find at:
http://www2.ed.gov/fund/grant/apply/sam‐faqs.html
2) SUBMIT EARLY – We strongly recommend that you do not wait until the last day to submit your application.
Grants.gov will put a date/time stamp on your application and then process it after it is fully uploaded. The time it takes to upload an application will vary depending on a number of factors including the size of the application and the speed of your Internet connection, and the time it takes Grants.gov to process the application will vary as well. If Grants.gov rejects your application (see step three below), you will need to resubmit successfully to Grants.gov before 4:30:00 p.m., Washington, DC time on the deadline date.
Note: To submit successfully, you must provide the DUNS number on your application that was used when you registered as an Authorized Organization Representative (AOR) on Grants.gov. This DUNS number is typically the same number used when your organization registered with the SAM. If you do not enter the same DUNS number on your application as the DUNS you registered with, Grants.gov will reject your application.
3) VERIFY SUBMISSION IS OK – You will want to verify that Grants.gov received your application submission on time and that it was validated successfully. To see the date/time your application was received, login to Grants.gov and click on the Track My Application link. For a successful submission, the date/time received should be earlier than 4:30:00 p.m., Washington, DC time, on the deadline date, AND the application status should be: Validated, Received by Agency, or Agency Tracking Number Assigned. Once the U. S. Department of Education receives your application from Grants.gov, an Agency Tracking Number (PR/award number) will be assigned to your application and will be available for viewing on Grants.gov’s Track My Application link.
If the date/time received is later than 4:30:00 p.m., Washington, DC time, on the deadline date, your application is late. If your application has a status of “Received” it is still awaiting validation by Grants.gov.
Once validation is complete, the status will either change to “Validated” or “Rejected with Errors.” If the status is “Rejected with Errors,” your application has not been received successfully. Some of the reasons Grants.gov may reject an application can be found on the Grants.gov site:
http://www.grants.gov/web/grants/applicants/encountering‐error‐messages.html. For more detailed information on troubleshooting Adobe errors, you can review the Adobe Reader Software Tip Sheet at:
http://www.grants.gov/web/grants/applicants/adobe‐software‐compatibility.html. If you discover your application is late or has been rejected, please see the instructions below. Note: You will receive a series of confirmations both online and via e‐mail about the status of your application. Please do not rely solely on e‐ mail to confirm whether your application has been received timely and validated successfully.
Submission Problems ‐ What should you do?
If you have problems submitting to Grants.gov before the closing date, please contact Grants.gov Customer Support at 1‐800‐518‐4726 or email at: support@grants.gov or access the Grants.gov Self‐Service Knowledge Base web portal at: https://grants‐portal.psc.gov/Welcome.aspx?pt=Grants
If electronic submission is required, you must submit an electronic application before 4:30:00 p.m., Washington, DC time, unless you follow the procedures in the Federal Register notice and qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. If electronic submission is optional and you have problems that you are unable to resolve before the deadline date and time for electronic applications, please follow the transmittal instructions for hard copy applications in the Federal Register notice and get a hard copy application postmarked by midnight on the deadline date. (See the Federal Register notice for detailed instructions.)
Helpful Hints When Working with Grants.gov Please note, once you download an application from Grants.gov, you will be working offline and saving data on your computer. Please be sure to note where you are saving the Grants.gov file on your computer. You will need to logon to Grants.gov to upload and submit the application. You must provide the DUNS number on your application that was used when you registered as an Authorized Organization Representative (AOR) on Grants.gov.
Please go to http://www.grants.gov/web/grants/support.html for help with Grants.gov. For additional tips related to submitting grant applications, please refer to the Grants.gov Applicant FAQs found at this Grants.gov link:
http://www.grants.gov/web/grants/applicants/applicant‐faqs.html
Dial‐Up Internet Connections When using a dial up connection to upload and submit your application, it can take significantly longer than when you are connected to the Internet with a high‐speed connection, e.g. cable modem/DSL/T1. While times will vary depending upon the size of your application, it can take a few minutes to a few hours to complete your grant submission using a dial up connection. If you do not have access to a high‐speed connection and electronic submission is required, you may want to consider following the instructions in the Federal Register notice to obtain an exception to the electronic submission requirement no later than two weeks before the application deadline date. (See the Federal Register notice for detailed instructions.)
Attaching Files – Additional Tips Please note the following tips related to attaching files to your application, especially the requirement that applicants only include read‐only, non‐modifiable .PDF files in their application:
Ensure that you attach .PDF files only for any attachments to your application, and they must be in a read‐only, non‐modifiable format. PDF files are the only Department approved file type accepted as detailed in the Federal Register application notice. Applicants must submit individual .PDF files only when attaching files to their application. Specifically, the Department will not accept any attachments that contain files within a file, such as PDF Portfolio files, or an interactive or fillable .PDF file. Any attachments uploaded that are not .PDF files or are password protected files will not be read.
Grants.gov cannot process an application that includes two or more files that have the same name within a grant submission. Therefore, each file uploaded to your application package should have a unique file name.
When attaching files, applicants should follow the guidelines established by Grants.gov on the size and content of file names. Uploaded file names must be fewer than 50 characters, and, in general, applicants should not use any special characters. However, Grants.gov does allow for the following UTF‐8 characters when naming your attachments: A‐Z, a‐z, 0‐9, underscore, hyphen, space, period, parenthesis, curly braces, square brackets, ampersand, tilde, exclamation point, comma, semi colon, apostrophe, at sign, number sign, dollar sign, percent sign, plus sign, and equal sign. Applications submitted that do not comply with the Grants.gov guidelines will be rejected at Grants.gov and not forwarded to the Department.
Applicants should limit the size of their file attachments. Documents submitted that contain graphics and/or scanned material often greatly increase the size of the file attachments and can result in difficulties opening the files. For reference, the average discretionary grant application package with all attachments is less than 5 MB.
Therefore, you may want to check the total size of your package before submission.
II. Program Background Information
PROGRAM OVERVIEW
Program Office: Office of Innovation and Improvement (OII)
Expanding Opportunity through Quality Charter Schools Program (CSP), Grants to State Entities
CFDA Number: 84.282A (Grants to State Entities)
Program Type: Discretionary/Competitive Grants
Also Known As: Grants to State Entities, Public Charter Schools Program, State Entity Grants
Program Description: The purpose of the CSP Grant to State Entities (State entities) competition (CFDA 84.282A) is to award grants to State entities to enable them to award subgrants to eligible applicants to enable such eligible applicants to open and prepare for the operation of new charter schools and to replicate (as defined in the Notice Inviting Applications (NIA)) and expand (as defined in the NIA) high‐ quality charter schools (as defined in the NIA). Grant funds must also be used to provide technical assistance, which may include technical assistance to eligible applicants and authorized public chartering agencies in opening and preparing for the operation of new charter schools, or replicating or expanding high‐quality charter schools; and working with authorized public chartering agencies to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools.
Eligible Applicants: State entities in States with a State statute specifically authorizing the establishment of charter schools. Under section 4303(e)(1) of the ESEA, no State entity may receive a grant under this program for use in a State in which a State entity is currently using a grant received under this program.
The Department interprets the language in section 4303(e)(1) of the ESEA as applying only in cases where the active grant was awarded under the reauthorized program (the ESSA version of the ESEA).
The Department has made one set of new section 4303 of the ESEA CSP State Entities grants, in FY 2017.
Accordingly, no State entity may receive a grant under this competition for use in a State in which a State entity received a new State Entities grant in FY 2017 and is currently using the grant; these States are Indiana, Maryland, Minnesota, Mississippi, New Mexico, Oklahoma, Rhode Island, Texas, and Wisconsin.
State entities in States in which an SEA has a current CSP grant for SEAs that was awarded prior to FY 2017, under the ESEA, as amended by NCLB, are eligible to apply for a CSP State Entities grant under this competition, so long as no other State entity in the State has a current CSP State Entities grant.
Therefore, a State entity located in a State in which an SEA has an active grant awarded prior to FY2017 (including an SEA with an active grant) is eligible to apply for a new award under this competition.
Please note: No applicant may receive a new award to conduct the same activities that are approved under the existing active SEA grant; newly proposed activities must be outside the scope of currently funded activities.
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.
Eligible applicant, when used with respect to subgrants made by a State entity, means a developer that has‐‐
(a) Applied to an authorized public chartering authority to operate a charter school; and
(b) Provided adequate and timely notice to that authority.
Funding Restrictions: A State entity receiving a grant under this program shall use not less than 90 percent of the grant funds to award subgrants to eligible applicants for activities related to opening and preparing for the operation of new charter school or to replicate or expand high‐quality charter schools;
reserve not less than seven percent of funds to provide technical assistance to eligible applicants and authorized public chartering agencies in opening and preparing for the operation of new charter schools or to replicate or expand high‐quality charter schools and in improving authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools; and reserve not more than three percent of funds for administrative costs, which may include technical assistance. A State entity may use a grant received under this program to carry out technical assistance activities authorized under this program directly or through grants, contracts, or cooperative agreements.
Additional information on funding restrictions including limitations on grants and subgrants can be found in the NIA.
AUTHORIZING LEGISLATION
Title IV, Part C of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA) (20 U.S.C. 7221‐7221j).
Part C – EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS
SEC. 4301. PURPOSE.
It is the purpose of this part to ‐‐
(1) improve the United States education system and education opportunities for all people in the United states by supporting innovation in public education in public school settings that prepare students to compete and contribute to the global economy and a stronger Nation;
(2) provide financial assistance for the planning, program design, and initial implementation of charter schools;
(3) increase the number of high‐quality charter schools available to students across the United States; and
(4) evaluate the impact of charter schools on student achievement, families, and communities, and share best practices between charter schools and other public schools;
(5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount States typically provide for traditional public schools;
(6) expand opportunities for children with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet the challenging State academic standards;
(7) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, oversight and monitoring (including financial audits), and evaluation of such schools; and
(8) support quality, accountability, and transparency in the operational performance of all authorized public chartering agencies, including State educational agencies, local educational agencies, and other authorizing entities.
SEC. 4302. PROGRAM AUTHORIZED.
(a) IN GENERAL‐ The Secretary may carry out a charter school program that supports charter schools that serve early childhood, elementary school, or secondary school students by—
(1) supporting the startup of new charter schools, the replication of high‐quality charter schools, and the expansion of high‐quality charter schools;
(2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and
(3) carrying out national activities to support—
(A) the activities described in paragraph (1);
(B) the dissemination of best practices of charter schools for all schools;
(C) the evaluation of the impact of the charter school program under this part on schools participating in such program; and
(D) stronger charter school authorizing practices.
(b) FUNDING ALLOTMENT‐ From the amount made available under section 4311 for a fiscal year, the Secretary shall—
(1) reserve 12.5 percent to support charter school facilities assistance under section 4304;
(2) reserve 22.5 percent to carry out national activities under section 4305; and
(3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 4303.
(c) PRIOR GRANTS AND SUBGRANTS‐ The recipient of a grant or subgrant under part B of title V (as such part was in effect on the day before the date of enactment of the Every Student Succeeds Act) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant.
SEC. 4303. GRANTS TO SUPPORT HIGH‐QUALITY CHARTER SCHOOLS.
(a) STATE ENTITY DEFINED.—For purposes of this section, the term ‘‘State entity’’ means—
(1) a State educational agency;
(2) a State charter school board;
(3) a Governor of a State; or
(4) a charter school support organization.
(b) PROGRAM AUTHORIZED.—From the amount available under section 4302(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to—
(1) award subgrants to eligible applicants to enable eligible applicants to—
(A) open and prepare for the operation of new charter schools;
(B) open and prepare for the operation of replicated high‐quality charter schools; or
(C) expand high‐quality charter schools; and
(2) provide technical assistance to eligible applicants and authorized public chartering agencies in carry out the activities described in paragraph (1), and work with authorized public chartering agencies in the state to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools.
(c) STATE ENTITY USES OF FUNDS.—
(1) IN GENERAL. —A State entity receiving a grant under this section shall—
(A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity's application pursuant to subsection (f), for the purposes described in subsection (b)(1);
(B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and
(C) reserve not more than 3 percent of such funds for administrative costs, which may include technical assistance.
(2) CONTRACTS AND GRANTS.—A State entity may use a grant received under this section to carry out the activities described in subsection (b)(2) directly or through grants, contracts, or cooperative agreements.
(3) RULE OF CONSTRUCTION. —
(A) USE OF LOTTERY. —Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or prohibit State entities from awarding subgrants to eligible applicants, that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educationally disadvantaged students if—
(i) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 4310(2)(G); and
(ii) such weighted lotteries are not used for the purpose of creating schools exclusively to serve a particular subset of students.
(B) STUDENTS WITH SPECIAL NEEDS. — Nothing in this paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writing.
(d) PROGRAM PERIODS; PEER REVIEW; DISTRIBUTION OF SUBGRANTS; WAIVERS. —
(1) PROGRAM PERIODS. —;
(A) GRANTS. —A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 5 years.
(B) SUBGRANTS. —A subgrant awarded by a State entity under this section shall be for a period of not more than 5 years, of which an eligible applicant may use not more than 18 months for planning and program design.
(2) PEER REVIEW The Secretary, and each State entity awarding subgrants under this section, shall use a peer‐review process to review applications for assistance under this section.
(3) GRANT AWARDS. —
(A) IN GENERAL. —The Secretary—
(i) shall for each fiscal year for which funds are appropriated under section 4311—
(I) award not less than 3 grants under this section; and
(II) fully obligate the first 2 years of funds appropriated for the purpose of awarding grants under this section in the first fiscal year for which such grants are awarded; and
(ii) prior to the start of the third year of the grant period and each succeeding year of each grant awarded under this section to a state entity—
(I)shall review—
(aa) whether the State entity is using the grant funds for the agreed upon uses of funds; and
(bb) whether the full amount of the grant will be needed for the remainder of the grant period; and
(II) may, as determined necessary based on that review, terminate or reduce the amount of the grant and reallocate the remaining grant funds to other state entities—
(aa) by using such funds to award grants under this section to other State entities; or
(bb) in a fiscal year in which the amount of such remaining funds is insufficient to award grants under item (aa), in accordance with subparagraph (B).
(B) REMAINING FUNDING —For a fiscal year for which there are remaining grant funds under this paragraph, but the amount of such funds is insufficient to award a grant to a State entity under this section, the Secretary shall use such remaining grants funds—
(i) to supplement funding for grants under section 4305(A0(2), but not to supplant—
(I) The funds reserved under section 4305(a)(2); and
(II) funds otherwise reserved under section 4302(b)(2) to carry out national activities under section 4305;
(ii) to award grants to State entities to carry out the activities described in subsection (b)(1) for the next fiscal year; or
(iii) to award one year of a grant under subsection (b)(1) to a high‐ scoring State entity, in an amount at or above the minimum amount the State entity needs to be successful for such year.
(4) DIVERSITY OF PROJECTS. —Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants—
(A) are distributed throughout different areas, including urban, suburban, and rural areas; and
(B) will assist charter schools representing a variety of educational approaches.
(5) WAIVERS. —The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority, except any such requirement relating to the elements of a charter school described in section 4310(2), if—
(A) the waiver is requested in an approved application under this section; and
(b) the Secretary determines that granting such waiver will promote the purpose of this part.
(e) LIMITATIONS. —
(1) GRANTS. —No State entity may receive a grant under this section for use in a State in which a State entity is currently using a grant received under this section.
(2) SUBGRANTS. —An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for a 5‐year period, unless the eligible applicant demonstrates to the State entity that such individual charter school has at least 3 years of improved educational results for students enrolled in such charter school with respect to the elements described in subparagraphs (A) and (D) of section 4310(8).
(f) APPLICATIONS. —A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following:
(1) DESCRIPTION OF PROGRAM. —A description of the State entity's objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, include—
(A) 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—
(I) participate in the Federal programs in which the schools and students are eligible to participate;
(II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; and
(III) 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 local educational agencies where applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high‐quality schools;
(v) in the case of a State entity that is not a State educational agency—
(I) work with the State educational agency and charter schools in the State to maximize charter school participation in Federal and State programs for which charter schools are eligible; and
(II) work with the State educational agency to operate the State entity's program under this section, if applicable;
(vi) ensure that each eligible applicant that receives a subgrant under the State entity’s program—
(I) is using funds provided under this section for one of the activities described in subsection (b)(1); and
(II) is prepared to continue to operate charter schools funded under this section in a manner consistent with the eligible applicant’s application for such subgrant once the subgrant funds under this section are no longer available;
(vii) support—
(I) charter schools in local educational agencies with a significant number of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and
(II) the use of charter schools to improve struggling schools, or to turn around struggling schools;
(viii) work with charter schools on—
(I) 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
(II) 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 paragraph (2)(D);
(xii)(I) in the case of a State entity not described in subclause (II), 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
(II) in the case of a State entity described in subsection (a)(4), a description of how the State entity will work with the State to support the State’s system of technical assistance and oversight, as described in subclause (I), of the authorizing activity of authorized public chartering agencies; 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 clause (i) that are high schools;
(B) a description of the extent to which the State entity—
(i) is able to meet and carry out the priorities described in subsection (g)(2);
(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 local educational agencies on the sharing of best practices;
(C) a description of how the State entity will award subgrants, on a competitive basis, including—
(i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include—
(I) 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;
(II) 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;
(III) 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;
(IV) 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;
(V) a description of the eligible applicant’s planned activities and expenditures of subgrant funds to support the activities described in subsection (b)(1), and how the eligible applicant will maintain financial sustainability after the end of the subgrant period; and
(VI) 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; and
(ii) a description of how the State entity will review applications from eligible applicants;
(D) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner;
(E) a description of how the State entity will ensure that each charter school receiving funds under the State entity’s program has considered and planned for the transportation needs of the school’s students;
(F) a description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws; and
(G) a description of how the State entity will support diverse charter school models, including models that serve rural communities.
(2) ASSURANCES.—Assurances that—
(A) each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions;
(B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x);
(C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners;
(D) the State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in clause (viii) of paragraph (1)(A) and subparagraph (B) of this paragraph;
(E) the State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency's 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 publically 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 through renewal, non‐renewal, or revocation of the school’s charter;
(F) the State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and
(G) the State entity will ensure that each charter school receiving funds under the State entity’s program makes publicly available, consistent with the dissemination requirements of the annual State report card under section 1111(h), 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), 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.
(3) REQUESTS FOR Information about waivers, including—
(A) a request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity’s program under this section or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request such necessary waivers, where applicable; and
(B) a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply to such schools.
(g) SELECTION CRITERIA; PRIORITY.—
(1) SELECTION CRITERIA.—The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration—
(A) the degree of flexibility afforded by the State’s charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law;
(B) the ambitiousness of the State entity’s objectives for the quality charter school program carried out under this section;
(C) the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students;
(D) the State entity’s plan to—
(i) adequately monitor the eligible applicants receiving subgrants under the State entity’s program;
(ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and
(iii) provide technical assistance and support for—
(I) the eligible applicants receiving subgrants under the State entity’s program; and
(II) quality authorizing efforts in the State; and
(E) the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of charter schools in the State.
(2) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria:
(A) The State entity is located in a State that—
(i) allows at least one entity that is not a local educational agency to be an authorized public chartering agency for developers seeking to open a charter school in the State; or
(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school.
(B) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner.
(C) The State entity is located in a State that provides charter schools one or more of the following:
(i) Funding for facilities.
(ii) Assistance with facilities acquisition.
(iii) Access to public facilities.
(iv) The ability to share in bonds or mill levies.
(v) The right of first refusal to purchase public school buildings.
(vi) Low‐ or no‐cost leasing privileges.
(D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies.
(E) The State entity supports charter schools that serve at‐risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services.
(F) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing.
(h) LOCAL USES OF FUNDS.—An eligible applicant receiving a subgrant under this section shall use such funds to support the activities described in subsection (b)(1), which shall include one or more of the following activities:
(1) Preparing teachers, school leaders, and specialized instructional support personnel, including through paying the costs associated with—
(A) providing professional development; and
(B) hiring and compensating, during the eligible applicant’s planning period specified in the application for subgrant funds that is required under this section, one or more of the following:
(i) Teachers.
(ii) School leaders.
(iii) Specialized instructional support personnel.
(2) Acquiring supplies, training, equipment (including technology), and educational materials (including developing and acquiring instructional materials).
(3) Carrying out necessary renovations to ensure that a new school building complies with applicable statutes and regulations, and minor facilities repairs (excluding construction).
(4) Providing one‐time, startup costs associated with providing transportation to students to and from the charter school.
(5) Carrying out community engagement activities, which may include paying the cost of student and staff recruitment.
(6) Providing for other appropriate, non‐sustained costs related to the activities described in subsection (b)(1) when such costs cannot be met from other sources.
(i) REPORTING REQUIREMENTS.—Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the 5‐year grant period (or at the end of the second year of the grant period if the grant is less than 5 years), and at the end of such grant period, a report that includes the following:
(1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the period of the subgrant.
(2) A description of how the State entity met the objectives of the quality charter school program described in the State entity’s application under subsection (f), including—
(A) how the State entity met the objective of sharing best and promising practices described in subsection (f)(1)(A)(ix) in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools; and
(B) if known, the extent to which such practices were adopted and implemented by such other public schools.
(3) The number and amount of subgrants awarded under this section to carry out activities described in each of subparagraphs (A) through (C) of subsection (b)(1).
(4) A description of—
(A) how the State entity…
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