Federal Register, Volume 77 Issue 44 (Tuesday, March 6, 2012)

[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Notices]
[Pages 13304-13311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5427]

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DEPARTMENT OF EDUCATION

Application for New Awards; Charter Schools Program (CSP); Grants
for Replication and Expansion of High-Quality Charter Schools

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

ACTION: Notice.

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Overview Information

Charter Schools Program (CSP) Grants for Replication and Expansion of
High-Quality Charter Schools

Notice inviting applications for new awards for fiscal year (FY)
2012.

Catalog of Federal Domestic Assistance (CFDA) Number: 84.282M.
Applications Available: March 6, 2012.
Date of Pre-Application Meeting: March 27, 2012.
Deadline for Transmittal of Applications: May 7, 2012.
Deadline for Intergovernmental Review: July 5, 2012.

Full Text of Announcement

I. Funding Opportunity Description

Purpose of Program: The purpose of the CSP is to increase national
understanding of the charter school model; to expand the number of
high-quality charter schools available to students across the Nation by
providing financial assistance for the planning, program design,
initial implementation, and expansion of charter schools; and to
evaluate the effects of charter schools, including their effects on
students, student academic achievement, staff, and parents.
The purpose of the Replication and Expansion of High-Quality
Charter Schools (Replication and Expansion) competition (CFDA 84.282M)
is to award grants to eligible applicants to enable them to replicate
or expand high-quality charter schools with demonstrated records of
success, including success in increasing student academic achievement.
Eligible applicants may use their grant funds to expand the enrollment
of one or more existing charter schools by substantially increasing the
number of available seats per school or to open one or more new charter
schools that are based on the charter school model for which the
eligible applicant has presented evidence of success.
Priorities: This notice includes one absolute priority, six
competitive preference priorities, and one invitational priority. The
absolute and competitive preference priorities are from the notice of
final priorities, requirements, definitions, and selection criteria for
this program, published in the Federal Register on July 12, 2011 (76 FR
40898); from the notice of final supplemental priorities and
definitions for discretionary grant programs, published in the Federal
Register on December 15, 2010 (75 FR 78486), and corrected on May 12,
2011 (76 FR 27637); and from 34 CFR 75.225(a).
Absolute Priority: For FY 2012 and any subsequent year in which we
make awards based on the list of unfunded applicants from this
competition, this priority is an absolute priority. Under 34 CFR
75.105(c)(3) we consider only applications that meet this priority.
This priority is:
Experience Operating or Managing High-Quality Charter Schools. (76
FR 40898)
This priority is for projects that will provide for the replication
or expansion of high-quality charter schools by applicants that
currently operate or manage more than one high-quality charter school
(as defined in this notice).
Competitive Preference Priorities: For FY 2012 and any subsequent
year in which we make awards based on the list of unfunded applicants
from this competition, these priorities are competitive preference
priorities. Under 34 CFR 75.105(c)(2)(i) we will award an additional 9
points to an application that meets Competitive Preference Priority 1;
an additional point to an application that meets Competitive Preference
Priority 2; up to an additional 4 points to an application that meets
Competitive Preference Priority 3, depending on how well the
application meets the priority; an additional point to an application
that meets Competitive Preference Priority 4; an additional point to an
application that meets Competitive Preference Priority 5; and an
additional 4 points to an application that meets Competitive Preference
Priority 6.

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

These priorities are:
Competitive Preference Priority 1--Low-Income Demographic. (76 FR
40900) (9 points)
To meet this priority, an applicant must demonstrate that at least
60 percent of all students in the charter schools it currently operates
or manages are individuals from low-income families (as defined in this
notice).
Competitive Preference Priority 2--School Improvement. (76 FR
40900) (1 point)
To meet this priority, an applicant must demonstrate that its
proposed replication or expansion of one or more high-quality charter
schools will occur in partnership with, and will be designed to assist,
one or more local educational agencies (LEAs) in implementing academic
or structural interventions to serve students attending schools that
have been identified for improvement, corrective action, closure, or
restructuring under section 1116 of the Elementary and Secondary
Education Act of 1965, as amended (ESEA), and as described in the
notice of final requirements for the School Improvement Grants,
published in the Federal Register on October 28, 2010 (75 FR 66363).

Note: Applicants in States operating under ESEA Flexibility that
have opted to waive the requirement in ESEA section 1116(b) for LEAs
to identify for improvement, corrective action, or restructuring, as
appropriate, their Title I schools that fail to make AYP for two or
more consecutive years may partner with LEAs to serve students
attending priority or focus schools (see the September 23, 2011
``ESEA Flexibility'' document at http://www.ed.gov/esea/flexibility).

Competitive Preference Priority 3--Promoting Diversity. (76 FR
40900) (Up to 4 points)
This priority is for applicants that demonstrate a record of (in
the schools they currently operate or manage), as well as an intent to
continue (in schools that they will be creating or substantially
expanding under this grant), taking active measures to--
(a) Promote student diversity, including racial and ethnic
diversity, or avoid racial isolation;
(b) Serve students with disabilities at a rate that is at least
comparable to the rate at which these students are served in public
schools in the surrounding area; and
(c) Serve English learners at a rate that is at least comparable to
the rate at which these students are served in public schools in the
surrounding area.
In support of this priority, applicants must provide enrollment
data as well as descriptions of existing policies and activities
undertaken or planned to be undertaken.

Note: An applicant addressing this priority is invited to
discuss how the proposed design of its project will encourage
approaches by charter schools that help bring together students of
different backgrounds, including students from different racial and
ethnic backgrounds, to attain the benefits that flow from a diverse
student body.

[[Page 13305]]

Note: For additional information, please refer to the
Department's ``Guidance on the Voluntary Use of Race to Achieve
Diversity and Avoid Racial Isolation in Elementary and Secondary
Schools'' guidance documents at http://www2.ed.gov/about/offices/list/ocr/docs/guidance-ese-201111.pdf.

Competitive Preference Priority 4--Technology. (76 FR 27638) (1
point)
This priority is for projects that are designed to improve student
achievement (as defined in this notice) or teacher effectiveness
through the use of high-quality digital tools or materials, which may
include preparing teachers to use the technology to improve
instruction, as well as developing, implementing, or evaluating digital
tools or materials.

Note: Section 504 of the Rehabilitation Act of 1973, and the
Department's regulations implementing Section 504 at 34 CFR Part
104, prohibit discrimination on the basis of disability in programs
and activities that receive Federal financial assistance from the
Department. The obligations under these laws--to provide an equal
opportunity to individuals with disabilities to participate in, and
receive the benefits of, the educational program and to provide
accommodations or modifications when necessary to ensure equal
treatment--apply to a recipient's use of technology, including
digital tools and equipment. For additional information, please
refer to the Department's May 26, 2011, Dear Colleague Letter
available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201105-ese.pdf, and attached Frequently Asked Questions
about the June 26, 2010, Dear Colleague Letter available at http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105.pdf.

Competitive Preference Priority 5--Promoting Science, Technology,
Engineering, and Mathematics (STEM) Education. (76 FR 27639) (1 point)
This priority is for projects that are designed to provide students
with increased access to rigorous and engaging coursework in STEM.
Competitive Preference Priority 6--Novice Applicant (34 CFR
75.225(c)(2)) (4 points)
This priority is for applicants that qualify as novice applicants.
``Novice applicant'' means an applicant for a grant from the Department
that (i) has never received a Replication and Expansion grant; (ii) has
never been a member of a group application, submitted in accordance
with 34 CFR 75.127-75.129, that received a Replication and Expansion
grant; and (iii) has not had an active discretionary grant from the
Federal Government in the five years before the deadline date for
applications for new awards under this Replication and Expansion grant
competition.
For the purposes of clause (iii) in the preceding paragraph, a
grant is active until the end of the grant's project or funding period,
including any extensions of those periods that extend the grantee's
authority to obligate funds (34 CFR 75.225(b)).
Invitational Priority: For FY 2012 and any subsequent year in which
we make awards based on the list of unfunded applicants 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:

Students With Disabilities and English Learners

The Secretary is particularly interested in applications that
demonstrate, through participant, achievement, and outcome data for
students with disabilities, English learners, or both--
(1) Prior success in improving educational achievement and outcomes
for these students; and
(2) That the charter school model the applicant proposes to
replicate or expand serves these students at rates that are comparable
to the enrollment rates of students with disabilities, English
learners, or both, in the school districts in which the applicant's
schools operate.

Note: An applicant addressing this priority should provide
participant, achievement, and outcome data separately for students
with disabilities and English learners.

Definitions

The following definitions are from the notice of final priorities,
requirements, definitions, and selection criteria for this program
published in the Federal Register on July 12, 2011 (76 FR 40898), and
from the notice of final supplemental priorities and definitions for
discretionary grant programs published in the Federal Register on
December 15, 2010 (75 FR 78486), and corrected on May 12, 2011 (76 FR
27637), and apply to this competition.
Charter management organization (CMO) is a nonprofit organization
that operates or manages multiple charter schools by centralizing or
sharing certain functions and resources among schools. (76 FR 40901)
Educationally disadvantaged students includes, but is not
necessarily limited to, individuals from low-income families (as
defined in this notice), English learners, migratory children, children
with disabilities, and neglected or delinquent children. (76 FR 40901)
High-quality charter school is a school that shows evidence of
strong academic results for the past three years (or over the life of
the school, if the school has been open for fewer than three years),
based on the following factors:
(1) Increasing student academic achievement and attainment for all
students, including, as applicable, educationally disadvantaged
students served by the charter schools operated or managed by the
applicant.
(2) Either (i) Demonstrated success in closing historic achievement
gaps for the subgroups of students described in section
1111(b)(2)(C)(v)(II) of the ESEA at the charter schools operated or
managed by the applicant, or
(ii) No significant achievement gaps between any of the subgroups
of students described in section 1111(b)(2)(C)(v)(II) of the ESEA at
the charter schools operated or managed by the applicant and
significant gains in student academic achievement have been made with
all populations of students served by the charter schools operated or
managed by the applicant.
(3) Achieved results (including performance on statewide tests,
annual student attendance and retention rates, high school graduation
rates, college attendance rates, and college persistence rates where
applicable and available) for low-income and other educationally
disadvantaged students served by the charter schools operated or
managed by the applicant that are above the average academic
achievement results for such students in the State.
(4) No significant compliance issues (as defined in this notice),
particularly in the areas of student safety and financial management.
(76 FR 40901-02)
Individual from low-income family means an individual who is
determined by an SEA or LEA to be a child, ages 5 through 17, from a
low-income family on the basis of (a) data used by the Secretary to
determine allocations under section 1124 of the ESEA, (b) data on
children eligible for free or reduced-price lunches under the Richard
B. Russell National School Lunch Act, (c) data on children in families
receiving assistance under part A of title IV of the Social Security
Act, (d) data on children eligible to receive medical assistance under
the Medicaid program under Title XIX of the Social Security Act, or (e)
an alternate method that combines or extrapolates from the data in
items (a) through (d) of this definition (see 20 U.S.C. 6537(3)). (76
FR 40902)
Replicate means to open one or more new charter schools that are
based on the charter school model or models for

[[Page 13306]]

which the applicant has presented evidence of success. (76 FR 40902)
Significant compliance issue means a violation that did, will, or
could lead to the revocation of a school's charter. (76 FR 40902)
Student achievement means--
(a) For tested grades and subjects: (1) A student's score on the
State's assessments under the ESEA; and, as appropriate, (2) other
measures of student learning, such as those described in paragraph (b)
of this definition, provided they are rigorous and comparable across
schools.
(b) For non-tested grades and subjects: alternative measures of
student learning and performance, such as student scores on pre-tests
and end-of-course tests; student performance on English language
proficiency assessments; and other measures of student achievement that
are rigorous and comparable across schools. (76 FR 27641)
Substantially expand means to increase the student count of an
existing charter school by more than 50 percent or to add at least two
grades to an existing charter school over the course of the grant. (76
FR 40902)

Program Authority: 20 U.S.C. 7221-7221j; Consolidated
Appropriations Act, 2012, Division F, Title III, Public Law 112-74.

Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 76, 77, 79,
80, 81, 82, 84, 85, 86, 97, 98, and 99. (b) The notice of final
priorities, requirements, definitions, and selection criteria for this
program published in the Federal Register on July 12, 2011 (76 FR
40898). (c) The notice of final supplemental priorities and definitions
for discretionary grant programs, published in the Federal Register on
December 15, 2010 (75 FR 78486), and corrected on May 12, 2011 (76 FR
27637). (d) The regulations in 34 CFR 75.225(a).

Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian tribes.

Note: The regulations in 34 CFR part 86 apply only to
institutions of higher education.

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

II. Award Information

Type of Award: Discretionary grants.
Estimated Available Funds: $13,500,000.
Contingent upon the availability of funds, and the quality of the
applications, we may make additional awards later in FY 2012 and in FY
2013 from the list of unfunded applicants from this competition.
Estimated Range of Awards: $200,000 to $3,000,000 per year.
Estimated Average Size of Awards: $1,600,000 per year.
Estimated Number of Awards: 7-11.

Note: The Department is not bound by any estimates in this
notice. The estimated range, average size, and number of awards are
based on a single 12-month budget period. However, the Department
may choose to fund more than 12 months of a project using FY 2012
funds.

Project Period: Up to 60 months.

III. Eligibility Information

1. Eligible Applicants: Non-profit charter management organizations
and other entities that are not for-profit entities. Eligible
applicants may also apply as a group or consortium.
2. Cost Sharing or Matching: This competition does not require cost
sharing or matching.
3. Other:
(a) Reasonable and Necessary Costs: The Secretary may elect to
impose maximum limits on the amount of grant funds that may be awarded
per charter school replicated, per charter school substantially
expanded, or per new school seat created.
For this competition the maximum limit of grant funds that may be
awarded per new school seat is $3,000, including a maximum limit per
new school created of $800,000. The maximum limit per new school seat
in a charter school that is substantially expanding its enrollment is
$1,500, including a maximum limit per substantially expanded school of
$800,000.

Note: Applicants must ensure that all costs included in the
proposed budget are reasonable and necessary in light of the goals
and objectives of the proposed project. Any costs determined by the
Secretary to be unreasonable or unnecessary will be removed from the
final approved budget.

(b) Other CSP Grants: A charter school that receives funds under
this competition is ineligible to receive funds for the same purpose
under section 5202(c)(2) of the ESEA, including for planning and
program design or the initial implementation of a charter school (i.e.,
CFDA 84.282A or 84.282B).
A charter school that has received CSP funds for replication
previously, or that has received funds for planning or initial
implementation of a charter school (i.e., CFDA 84.282A or 84.282B), may
not use funds under this grant for the same purpose. However, such
charter schools may be eligible to receive funds under this competition
to substantially expand the charter school beyond the existing grade
levels or student count.

IV. Application and Submission Information

1. Address to Request Application Package:
Erin Pfeltz, U.S. Department of Education, 400 Maryland Avenue SW.,
room 4W255, Washington, DC 20202-5970. Telephone: (202) 205-3525 or by
email: erin.pfeltz@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain a copy of the application
package in an accessible format (e.g., braille, large print, audiotape,
or compact disc) by contacting the program contact person listed in
this section.
2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this competition.
Page Limit: The application narrative (Part III of the application)
is where you, the applicant, address the selection criteria that
reviewers use to evaluate your application. The Secretary strongly
encourages applicants to limit Part III to the equivalent of no more
than 60 pages, using the following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial.
The page limit does not apply to Part I, the cover sheet; Part II,
the budget section, including the narrative budget justification; Part
IV, the assurances and certifications; or the one-page abstract, the
resumes, the bibliography, or the letters of support. However, the page
limit does apply to all of the application narrative section (Part
III).
3. Submission Dates and Times:
Applications Available: March 6, 2012.
Date of Pre-Application Meeting: The Department will hold a pre-
application meeting via webinar for prospective applicants on March 27,
2012, from 1

[[Page 13307]]

p.m. to 4 p.m., Washington, DC, time. Individuals interested in
attending this meeting are encouraged to pre-register by emailing their
name, organization, and contact information with the subject heading
``PRE-APPLICATION MEETING'' to CharterSchools@ed.gov. There is no
registration fee for attending this meeting.
For further information about the pre-application meeting, contact
Erin Pfeltz, U.S. Department of Education, 400 Maryland Avenue SW.,
room 4W255, Washington, DC 20202-5970. Telephone: (202) 205-3525 or by
email: erin.pfeltz@ed.gov.
Deadline for Transmittal of Applications: May 7, 2012.
Applications for grants under this program must be submitted
electronically using the Grants.gov Apply site (Grants.gov). For
information (including dates and times) about how to submit your
application electronically, or in paper format by mail or hand delivery
if you qualify for an exception to the electronic submission
requirement, please refer to section IV. 7. Other Submission
Requirements of this notice.
We do not consider an application that does not comply with the
deadline requirements.
Individuals with disabilities who need an accommodation or
auxiliary aid in connection with the application process should contact
the person listed under FOR FURTHER INFORMATION CONTACT in section VII
of this notice. If the Department provides an accommodation or
auxiliary aid to an individual with a disability in connection with the
application process, the individual's application remains subject to
all other requirements and limitations in this notice.
Deadline for Intergovernmental Review: July 5, 2012.
4. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this program.
5. Funding Restrictions: Grantees under this program must use the
grant funds to replicate or substantially expand the charter school
model or models for which the applicant has presented evidence of
success. Grant funds must be used to carry out allowable activities, as
described in section 5204(f)(3) of the ESEA (20 U.S.C. 7221c(f)(3)).
Pursuant to section 5204(f)(3) of the ESEA, grantees under this
program must use the grant funds for--
(a) Post-award planning and design of the educational program,
which may include: (i) Refinement of the desired educational results
and of the methods for measuring progress toward achieving those
results; and (ii) professional development of teachers and other staff
who will work in the charter school; and
(b) Initial implementation of the charter school, which may
include: (i) Informing the community about the school; (ii) acquiring
necessary equipment and educational materials and supplies; (iii)
acquiring or developing curriculum materials; and (iv) other initial
operational costs that cannot be met from State or local sources.

Note: A grantee may use up to 20 percent of grant funds for
initial operational costs associated with the expansion or
improvement of the grantee's oversight or management of its charter
schools, provided that: (i) the specific charter schools being
created or substantially expanded under the grant are the intended
beneficiaries of such expansion or improvement, and (ii) such
expansion or improvement is intended to improve the grantee's
ability to manage or oversee the charter schools created or
substantially expanded under the grant.

We reference regulations outlining funding restrictions in the
Applicable Regulations section of this notice.
6. Data Universal Numbering System Number, Taxpayer Identification
Number, and Central Contractor Registry: To do business with the
Department of Education, you must--
a. Have a Data Universal Numbering System (DUNS) number and a
Taxpayer Identification Number (TIN);
b. Register both your DUNS number and TIN with the Central
Contractor Registry (CCR), the Government's primary registrant
database;
c. Provide your DUNS number and TIN on your application; and
d. Maintain an active CCR registration with current information
while your application is under review by the Department and, if you
are awarded a grant, during the project period.
You can obtain a DUNS number from Dun and Bradstreet. A DUNS number
can be created within one business day.
If you are a corporate entity, agency, institution, or
organization, you can obtain a TIN from the Internal Revenue Service.
If you are an individual, you can obtain a TIN from the Internal
Revenue Service or the Social Security Administration. If you need a
new TIN, please allow 2-5 weeks for your TIN to become active.
The CCR registration process may take five or more business days to
complete. If you are currently registered with the CCR, you may not
need to make any changes. However, please make certain that the TIN
associated with your DUNS number is correct. Also note that you will
need to update your CCR registration on an annual basis. This may take
three or more business days to complete.
In addition, if you are submitting your application via Grants.gov,
you must (1) be designated by your organization as an Authorized
Organization Representative (AOR); and (2) register yourself with
Grants.gov as an AOR. Details on these steps are outlined at the
following Grants.gov Web page: www.grants.gov/applicants/get_registered.jsp.
7. Other Submission Requirements. Applications for grants under
this program must be submitted electronically unless you qualify for an
exception to this requirement in accordance with the instructions in
this section.

a. Electronic Submission of Applications

Applications for grants under the CSP Grants for Replication and
Expansion of High-Quality Charter Schools, CFDA number 84.282M, must be
submitted electronically using the Governmentwide Grants.gov Apply site
at www.Grants.gov. Through this site, you will be able to download a
copy of the application package, complete it offline, and then upload
and submit your application. You may not email an electronic copy of a
grant application to us.
We will reject your application if you submit it in paper format
unless, as described elsewhere in this section, you qualify for one of
the exceptions to the electronic submission requirement and submit, no
later than two weeks before the application deadline date, a written
statement to the Department that you qualify for one of these
exceptions. Further information regarding calculation of the date that
is two weeks before the application deadline date is provided later in
this section under Exception to Electronic Submission Requirement.
You may access the electronic grant application for CSP Grants for
Replication and Expansion of High-Quality Charter Schools at
www.Grants.gov. You must search for the downloadable application
package for this program by the CFDA number. Do not include the CFDA
number's alpha suffix in your search (e.g., search for 84.282, not
84.282M).
Please note the following:

[[Page 13308]]

When you enter the Grants.gov site, you will find
information about submitting an application electronically through the
site, as well as the hours of operation.
Applications received by Grants.gov are date and time
stamped. Your application must be fully uploaded and submitted and must
be date and time stamped by the Grants.gov system no later than 4:30:00
p.m., Washington, DC time, on the application deadline date. Except as
otherwise noted in this section, we will not accept your application if
it is received--that is, date and time stamped by the Grants.gov
system--after 4:30:00 p.m., Washington, DC time, on the application
deadline date. We do not consider an application that does not comply
with the deadline requirements. When we retrieve your application from
Grants.gov, we will notify you if we are rejecting your application
because it was date and time stamped by the Grants.gov system after
4:30:00 p.m., Washington, DC time, on the application deadline date.
The amount of time it can take to upload an application
will vary depending on a variety of factors, including the size of the
application and the speed of your Internet connection. Therefore, we
strongly recommend that you do not wait until the application deadline
date to begin the submission process through Grants.gov.
You should review and follow the Education Submission
Procedures for submitting an application through Grants.gov that are
included in the application package for this program to ensure that you
submit your application in a timely manner to the Grants.gov system.
You can also find the Education Submission Procedures pertaining to
Grants.gov under News and Events on the Department's G5 system home
page at www.G5.gov.
You will not receive additional point value because you
submit your application in electronic format, nor will we penalize you
if you qualify for an exception to the electronic submission
requirement, as described elsewhere in this section, and submit your
application in paper format.
You must submit all documents electronically, including
all information you typically provide on the following forms: the
Application for Federal Assistance (SF 424), the Department of
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and
certifications.
You must upload any narrative sections and all other
attachments to your application as files in a .PDF (Portable Document)
read-only, non-modifiable format. Specifically, do not upload an
interactive or fillable .PDF file. If you upload a file type other than
a read-only, non-modifiable .PDF or submit a password-protected file,
we will not review that material.
Your electronic application must comply with any page-
limit requirements described in this notice.
After you electronically submit your application, you will
receive from Grants.gov an automatic notification of receipt that
contains a Grants.gov tracking number. (This notification indicates
receipt by Grants.gov only, not receipt by the Department.) The
Department then will retrieve your application from Grants.gov and send
a second notification to you by email. This second notification
indicates that the Department has received your application and has
assigned your application a PR/Award number (an ED-specified
identifying number unique to your application).
We may request that you provide us original signatures on
forms at a later date.
Application Deadline Date Extension in Case of Technical Issues
with the Grants.gov System: If you are experiencing problems submitting
your application through Grants.gov, please contact the Grants.gov
Support Desk, toll free, at 1-800-518-4726. You must obtain a
Grants.gov Support Desk Case Number and must keep a record of it.
If you are prevented from electronically submitting your
application on the application deadline date because of technical
problems with the Grants.gov system, we will grant you an extension
until 4:30:00 p.m., Washington, DC time, the following business day to
enable you to transmit your application electronically or by hand
delivery. You also may mail your application by following the mailing
instructions described elsewhere in this notice.
If you submit an application after 4:30:00 p.m., Washington, DC
time, on the application deadline date, please contact the person
listed under FOR FURTHER INFORMATION CONTACT in section VII of this
notice and provide an explanation of the technical problem you
experienced with Grants.gov, along with the Grants.gov Support Desk
Case Number. We will accept your application if we can confirm that a
technical problem occurred with the Grants.gov system and that that
problem affected your ability to submit your application by 4:30:00
p.m., Washington, DC time, on the application deadline date. The
Department will contact you after a determination is made on whether
your application will be accepted.

Note: The extensions to which we refer in this section apply
only to the unavailability of, or technical problems with, the
Grants.gov system. We will not grant you an extension if you failed
to fully register to submit your application to Grants.gov before
the application deadline date and time or if the technical problem
you experienced is unrelated to the Grants.gov system.

Exception to Electronic Submission Requirement: You qualify for an
exception to the electronic submission requirement, and may submit your
application in paper format, if you are unable to submit an application
through the Grants.gov system because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
the Grants.gov system; and
No later than two weeks before the application deadline
date (14 calendar days or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an exception
prevent you from using the Internet to submit your application.
If you mail your written statement to the Department, it must be
postmarked no later than two weeks before the application deadline
date. If you fax your written statement to the Department, we must
receive the faxed statement no later than two weeks before the
application deadline date.
Address and mail or fax your statement to: Erin Pfeltz, U.S.
Department of Education, 400 Maryland Avenue SW., room 4W255,
Washington, DC 20202-5970. FAX: (202) 205-5630.
Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.

b. Submission of Paper Applications by Mail

If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
CFDA Number 84.282M, LBJ Basement Level 1, 400 Maryland Avenue SW.,
Washington, DC 20202-4260.

[[Page 13309]]

You must show proof of mailing consisting of one of the following:
(1) A legibly dated U.S. Postal Service postmark.
(2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service.
(3) A dated shipping label, invoice, or receipt from a commercial
carrier.
(4) Any other proof of mailing acceptable to the Secretary of the
U.S. Department of Education.
If you mail your application through the U.S. Postal Service, we do
not accept either of the following as proof of mailing:
(1) A private metered postmark.
(2) A mail receipt that is not dated by the U.S. Postal Service.
If your application is postmarked after the application deadline
date, we will not consider your application.

Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, you should check with your
local post office.

c. Submission of Paper Applications by Hand Delivery

If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original
and two copies of your application by hand, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
CFDA Number 84.282M, 550 12th Street SW., Room 7041, Potomac Center
Plaza, Washington, DC 20202-4260.
The Application Control Center accepts hand deliveries daily
between 8 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays,
Sundays, and Federal holidays.

Note for Mail or Hand Delivery of Paper Applications: If you
mail or hand deliver your application to the Department--
(1) You must indicate on the envelope and--if not provided by
the Department--in Item 11 of the SF 424 the CFDA number, including
suffix letter, if any, of the competition under which you are
submitting your application; and
(2) The Application Control Center will mail to you a
notification of receipt of your grant application. If you do not
receive this notification within 15 business days from the
application deadline date, you should call the U.S. Department of
Education Application Control Center at (202) 245-6288.

V. Application Review Information

1. Application Requirements: Applicants applying for CSP grant
funds must address the following application requirements and the
selection criteria described in this notice. An applicant may choose to
respond to the application requirements in the context of its responses
to the selection criteria.
These application requirements are from the notice of final
priorities, requirements, definitions, and selection criteria for this
competition published in the Federal Register on July 12, 2011 (79 FR
40898).
(a) Describe the objectives of the project for replicating or
substantially expanding high-quality charter schools and the methods by
which the applicant will determine its progress toward achieving those
objectives.
(b) Describe how the applicant currently operates or manages the
charter schools for which it has presented evidence of success, and how
the proposed new or substantially expanded charter schools will be
operated or managed. Include a description of central office functions,
governance, daily operations, financial management, human resources
management, and instructional management. If applying as a group or
consortium, describe the roles and responsibilities of each member of
the group or consortium and how each member will contribute to this
project.
(c) Describe how the applicant will ensure that each proposed new
or substantially expanded charter school receives its commensurate
share of Federal education funds that are allocated by formula each
year, including during the first year of operation of the school and
any year in which the school's enrollment substantially expands.
(d) Describe the educational program to be implemented in the
proposed new or substantially expanded charter schools, including how
the program will enable all students (including educationally
disadvantaged students) to meet State student academic achievement
standards, the grade levels or ages of students to be served, and the
curriculum and instructional practices to be used.
(e) Describe the administrative relationship between the charter
school or schools to be replicated or substantially expanded by the
applicant and the authorized public chartering agency.
(f) Describe how the applicant will provide for continued operation
of the proposed new or substantially expanded charter school or schools
once the Federal grant has expired.
(g) Describe how parents and other members of the community will be
involved in the planning, program design, and implementation of the
proposed new or substantially expanded charter school or schools.
(h) Include a request and justification for waivers of any Federal
statutory or regulatory provisions that the applicant believes are
necessary for the successful operation of the proposed new or
substantially expanded charter schools.
(i) Describe how the grant funds will be used, including how these
funds will be used in conjunction with other Federal programs
administered by the Secretary, and with any matching funds.
(j) Describe how all students in the community, including students
with disabilities, English learners, and other educationally
disadvantaged students, will be informed about the proposed new or
substantially expanded charter schools and given an equal opportunity
to attend such schools.
(k) Describe how the proposed new or substantially expanded charter
schools that are considered to be LEAs under State law, or the LEAs in
which the new or substantially expanded charter schools are located,
will comply with sections 613(a)(5) and 613(e)(1)(B) of the Individuals
with Disabilities Education Act.
(l) Provide information on any significant compliance issues
identified within the past three years for each school managed by the
applicant, including compliance issues in the areas of student safety,
financial management, and statutory or regulatory compliance.
(m) For each charter school currently operated or managed by the
applicant, provide the following information: The year founded, the
grades currently served, the number of students, the address, the
percentage of students in each subgroup of students described in
section 1111(b)(2)(C)(v)(II) of the ESEA, results on the State
assessment for the past three years (if available) by subgroup,
attendance rates, student attrition rates for the past three years, and
(if the school operates a 12th grade) high school graduation rates and
college attendance rates (maintaining standards to protect personally
identifiable information).
(n) Provide objective data showing applicant quality. In
particular, the Secretary requires the applicant to provide the
following data:
(1) Performance (school-wide and by subgroup) for the past three
years (if available) on statewide tests of all charter schools operated
or managed by the applicant as compared to all students in other
schools in the State or States at the same grade level, and as compared
with other schools serving similar demographics of students
(maintaining standards to protect personally identifiable information);

[[Page 13310]]

(2) Annual student attendance and retention rates (school-wide and
by subgroup) for the past three years (or over the life of the school,
if the school has been open for fewer than three years), and
comparisons with other similar schools (maintaining standards to
protect personally identifiable information); and
(3) Where applicable and available, high school graduation rates,
college attendance rates, and college persistence rates (school-wide
and by subgroup) for the past three years (if available) of students
attending schools operated or managed by the applicant, and the
methodology used to calculate these rates (maintaining standards to
protect personally identifiable information). When reporting data for
schools in States that may have particularly demanding or low standards
of proficiency, applicants are invited to discuss how their academic
success might be considered against applicants from across the country.
(o) Provide such other information and assurances as the Secretary
may require.
2. Selection Criteria. The selection criteria for this program are
from the notice of final priorities, requirements, definitions, and
selection criteria for this program published in the Federal Register
on July 12, 2011 (76 FR 40898), and from 34 CFR 75.210. The maximum
possible score for addressing all of the criteria in this section is
100 points. The maximum possible score for addressing each criterion is
indicated in parentheses following the criterion.
In evaluating an application, the Secretary considers the following
criteria:
(a) Quality of the eligible applicant (50 points). In determining
the quality of the applicant, the Secretary considers the following
factors:
(1) The degree, including the consistency over the past three
years, to which the applicant has demonstrated success in significantly
increasing student academic achievement and attainment for all
students, including, as applicable, educationally disadvantaged
students served by the charter schools operated or managed by the
applicant (20 points).
(2) Either (i) The degree, including the consistency over the past
three years, to which the applicant has demonstrated success in closing
historic achievement gaps for the subgroups of students described in
section 1111(b)(2)(C)(v)(II) of the ESEA at the charter schools
operated or managed by the applicant, or
(ii) The degree, including the consistency over the past three
years, to which there have not been significant achievement gaps
between any of the subgroups of students described in section
1111(b)(2)(C)(v)(II) of the ESEA at the charter schools operated or
managed by the applicant and to which significant gains in student
academic achievement have been made with all populations of students
served by the charter schools operated or managed by the applicant (15
points).
(3) The degree, including the consistency over the past three
years, to which the applicant has achieved results (including
performance on statewide tests, annual student attendance and retention
rates, high school graduation rates, college attendance rates, and
college persistence rates where applicable and available) for low-
income and other educationally disadvantaged students served by the
charter schools operated or managed by the applicant that are
significantly above the average academic achievement results for such
students in the State (15 points).
(b) Contribution in assisting educationally disadvantaged students
(10 points).
The contribution the proposed project will make in assisting
educationally disadvantaged students served by the applicant to meet or
exceed State academic content standards and State student academic
achievement standards, and to graduate college- and career-ready. When
responding to this selection criterion, applicants must discuss the
proposed locations of schools to be created or substantially expanded
and the student populations to be served.
(c) Quality of the project design (10 points).
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the extent to which the goals,
objectives, and outcomes to be achieved by the proposed project are
clearly specified, measurable, and attainable. Applicants proposing to
open schools serving substantially different populations than those
currently served by the model for which they have demonstrated evidence
of success must address the attainability of outcomes given this
difference.
(d) Quality of the management plan and personnel (25 points).
The Secretary considers the quality of the management plan and
personnel to replicate and substantially expand high-quality charter
schools. In determining the quality of the management plan and
personnel for the proposed project, the Secretary considers:
(1) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks.
(2) The business plan for improving, sustaining, and ensuring the
quality and performance of charter schools created or substantially
expanded under these grants beyond the initial period of Federal
funding in areas including, but not limited to, facilities, financial
management, central office, student academic achievement, governance,
oversight, and human resources of the charter schools.
(3) A multi-year financial and operating model for the
organization, a demonstrated commitment of current and future partners,
and evidence of broad support from stakeholders critical to the
project's long-term success.
(4) The plan for closing charter schools supported, overseen, or
managed by the applicant that do not meet high standards of quality.
(5) The qualifications, including relevant training and experience,
of the project director, chief executive officer or organization
leader, and key project personnel, especially in managing projects of
the size and scope of the proposed project.
(e) Quality of the evaluation plan (5 points).
The Secretary considers the quality of the evaluation to be
conducted of the proposed project. In determining the quality of the
evaluation, the Secretary considers the extent to which the methods of
evaluation include the use of objective performance measures that are
clearly related to the intended outcomes of the project and will
produce quantitative and qualitative data.
3. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
also requires various assurances including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial

[[Page 13311]]

assistance from the Department of Education (34 CFR 100.4, 104.5,
106.4, 108.8, and 110.23).
4. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary
may impose special conditions on a grant if the applicant or grantee is
not financially stable; has a history of unsatisfactory performance;
has a financial or other management system that does not meet the
standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled
the conditions of a prior grant; or is otherwise not responsible.

VI. Award Administration Information

1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN). We may notify you informally, also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Reporting: (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. This does not apply
if you have an exception under 2 CFR 170.110(b).
(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 multi-year award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
4. Performance Measures: The goal of the CSP is to support the
creation and development of a large number of high-quality charter
schools that are free from State or local rules that inhibit flexible
operation, are held accountable for enabling students to reach
challenging State performance standards, and are open to all students.
The Secretary has two performance indicators to measure progress
towards this goal: (1) The number of charter schools in operation
around the Nation, and (2) the percentage of fourth- and eighth-grade
charter school students who are achieving at or above the proficient
level on State examinations in mathematics and reading/language arts.
Additionally, the Secretary has established the following measure to
examine the efficiency of the CSP: Federal cost per student in
implementing a successful school (defined as a school in operation for
three or more consecutive years).
All grantees must submit an annual performance report with
information that is responsive to these performance measures.
5. Continuation Awards: In making a continuation award, the
Secretary may consider, under 34 CFR 75.253, the extent to which a
grantee has made ``substantial progress toward meeting the objectives
in its approved application.'' This consideration includes the review
of a grantee's progress in meeting the targets and projected outcomes
in its approved application, and whether the grantee has expended funds
in a manner that is consistent with its approved application and
budget. In making a continuation grant, 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 (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Erin Pfeltz, U.S. Department of
Education, 400 Maryland Avenue SW., room 4W255, Washington, DC 20202-
5970. Telephone: (202) 205-3525 or by email: erin.pfeltz@ed.gov.
If you use a TDD, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or compact disc) on request to
the program contact person listed under FOR FURTHER INFORMATION CONTACT
in section VII of this notice.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department 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.

Dated: March 1, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2012-5427 Filed 3-5-12; 8:45 am]
BILLING CODE 4000-01-P