[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77056-77062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31434]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Magnet Schools Assistance Program

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

ACTION: Notice.

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Overview Information

Magnet Schools Assistance Program (MSAP)

    Notice inviting applications for new awards for fiscal year (FY) 
2013.
Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A.


DATES: 
    Applications Available: December 31, 2012.
    Deadline for Notice of Intent to Apply: January 30, 2013.
    Date of Pre-Application Webinar: January 17, 2013.
    Deadline for Transmittal of Applications: March 1, 2013.
    Deadline for Intergovernmental Review: April 30, 2013.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The MSAP provides grants to eligible local 
educational agencies (LEAs) and consortia of LEAs to support magnet 
schools under an approved desegregation plan--either a required plan or 
voluntary plan--that is adequate under Title VI of the Civil Rights 
Act, which prohibits discrimination on the basis of race, color, or 
national origin. By supporting the development and implementation of 
magnet schools that reduce, eliminate, or prevent minority group 
isolation, these program resources can be used in pursuit of the 
objectives of the Elementary and Secondary Education Act of 1965, as 
amended (ESEA), which supports State and local efforts to enable all 
elementary and secondary school students to achieve high standards and 
which holds schools, LEAs, and States accountable for ensuring that 
their students do so. In particular, the MSAP provides an opportunity 
for eligible entities to expand their capacity to provide public school 
choice to students who attend low-performing schools.
    Priorities: This competition includes four competitive preference 
priorities that are described in the following paragraphs.
    Competitive Preference Priorities: In accordance with 34 CFR 
75.105(b)(2)(ii), Competitive Preference Priorities 1, 2, and 3 are 
from the regulations for this program (34 CFR 280.32). Competitive 
Preference Priority 4 is 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).
    For FY 2013 and any subsequent year in which we make awards from 
the list of unfunded applicants from this competition, these priorities 
are competitive preference priorities. Under 34 CFR 280.30(f) we will 
award up to 30 additional points to an application, depending on how 
well the applicant addresses Competitive Preference Priorities 1, 2, 
and 3. Under 34 CFR 75.105(c)(2)(i) we will award up to an additional 
10 points to an application, depending on how well the application 
addresses Competitive Preference Priority 4. Together, depending on how

[[Page 77057]]

well the application meets these priorities, a total of 40 points will 
be awarded. Applicants may apply under any or all competitive 
preference priorities. The maximum possible points for each competitive 
preference priority are indicated in parentheses following the name of 
the priority. These points are in addition to any points the 
application earns under the selection criteria in this notice.
    These priorities are:
    Priority 1--Need for assistance (up to 10 additional points). The 
Secretary evaluates the applicant's needs for assistance by 
considering--
    (a) The costs of fully implementing the magnet schools project as 
proposed;
    (b) The resources available to the applicant to carry out the 
project if funds under the program were not provided;
    (c) The extent to which the costs of the project exceed the 
applicant's resources; and
    (d) The difficulty of effectively carrying out the approved plan 
and the project for which assistance is sought, including consideration 
of how the design of the magnet schools project--e.g., the type of 
program proposed, the location of the magnet school within the LEA--
impacts on the applicant's ability to successfully carry out the 
approved plan.
    Priority 2--New or revised magnet schools projects (up to 10 
additional points). The Secretary determines the extent to which the 
applicant proposes to carry out new magnet schools projects or 
significantly revise existing magnet schools projects.
    Priority 3--Selection of students (up to 10 additional points). The 
Secretary determines the extent to which the applicant proposes to 
select students to attend magnet schools by methods such as lottery, 
rather than through academic examination.
    Priority 4--Promoting Science, Technology, Engineering, and 
Mathematics (STEM) Education (up to 10 additional points). Projects 
that are designed to address one or more of the following priority 
areas:
    (a) Providing students with increased access to rigorous and 
engaging coursework in STEM.
    (b) Increasing the opportunities for high-quality preparation of, 
or professional development for, teachers or other educators of STEM 
subjects.

    Note: Additional background information pertaining to this 
priority can be found in 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).


    Program Authority: 20 U.S.C. 7231-7231j.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 80, 81, 
82, 84, 97, 98, and 99. (b) The Education Department suspension and 
debarment regulations in 2 CFR part 3485. (c) The regulations for this 
program in 34 CFR part 280. (d) The Notice of Final Supplemental 
Priorities and Definitions for Discretionary Programs, published in the 
Federal Register on December 15, 2010 (75 FR 78486), and corrected on 
May 12, 2011 (76 FR 27637).

II. Award Information

    Type of Award: Discretionary grants.

Estimated Available Funds

    The Administration has requested $99,611,000 for the MSAP for FY 
2013, of which we intend to use an estimated $96,622,670 for awards 
under this competition. The actual level of funding, if any, depends on 
final congressional action. However, we are inviting applications to 
allow enough time to complete the grant process before the end of the 
current fiscal year, if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2014 from the list of 
unfunded applicants from this competition.
    Estimated Range of Awards: $350,000-$4,000,000 per year.
    Estimated Average Size of Awards: $2,500,000 per year.
    Maximum Award: Under section 5309(c) of the ESEA, no MSAP grantee 
may receive more than $4,000,000 in program funds for any single fiscal 
year. We will not fund any application at an annual amount exceeding 
this maximum amount. We may choose not to further review an application 
with a budget request for any 12-month budget period that exceeds this 
maximum amount, if we conclude during our initial review of the 
application that the proposed goals and objectives cannot be attained 
without exceeding the maximum amount.
    Estimated Number of Awards: 40.

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

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs implementing a 
desegregation plan as specified in section III.3.
    2. Cost Sharing or Matching: This program does not involve cost 
sharing or matching.
    3. Other: Applicants must submit with their applications one of the 
following types of desegregation plans to establish eligibility to 
receive MSAP assistance: (a) A desegregation plan required by a court 
order; (b) a desegregation plan required by a State agency or an 
official of competent jurisdiction; (c) a desegregation plan required 
by the Office for Civil Rights (OCR), United States Department of 
Education (Department), under Title VI of the Civil Rights Act of 1964 
(Title VI); or (d) a voluntary desegregation plan adopted by the 
applicant and submitted to the Department for approval as part of the 
application. Under the MSAP regulations, applicants are required to 
provide all of the information required in 34 CFR 280.20(a) through (g) 
in order to satisfy the civil rights eligibility requirements found in 
34 CFR 280.2(a)(2) and (b).
    In addition to the particular data and other items for required and 
voluntary desegregation plans described in the application package, an 
application must include--
     Projected enrollment by race and ethnicity for magnet and 
feeder schools);
     Signed civil rights assurances (included in the 
application package); and
     An assurance that the desegregation plan is being 
implemented or will be implemented if the application is funded.

Required Desegregation Plans

    1. Desegregation plans required by a court order. An applicant that 
submits a desegregation plan required by a court order must submit 
complete and signed copies of all court documents demonstrating that 
the magnet schools are a part of the approved desegregation plan. 
Examples of the types of documents that would meet this requirement 
include a Federal or State court order that establishes specific magnet 
schools, amends a previous order or orders by establishing additional 
or different specific magnet schools, requires or approves the 
establishment of one or more unspecified magnet schools, or that 
authorizes the inclusion of magnet schools at the discretion of the 
applicant.
    2. Desegregation plans required by a State agency or official of 
competent jurisdiction. An applicant submitting a desegregation plan 
ordered by a State agency or official of competent jurisdiction must 
provide documentation that shows that the desegregation plan was 
ordered based upon a determination that State law was

[[Page 77058]]

violated. In the absence of this documentation, the applicant should 
consider its desegregation plan to be a voluntary plan and submit the 
data and information necessary for voluntary plans.
    3. Desegregation plans required by Title VI. An applicant that 
submits a desegregation plan required by OCR under Title VI must submit 
a complete copy of the desegregation plan demonstrating that magnet 
schools are part of the approved plan.
    4. Modifications to required desegregation plans. A previously 
approved desegregation plan that does not include the magnet school or 
program for which the applicant is now seeking assistance must be 
modified to include the magnet school component. The modification to 
the desegregation plan must be approved by the court, agency, or 
official that originally approved the plan. An applicant that wishes to 
modify a previously approved OCR Title VI desegregation plan to include 
different or additional magnet schools must submit the proposed 
modification for review and approval to the OCR regional office that 
approved its original plan.
    An applicant should indicate in its application if it is seeking to 
modify its previously approved desegregation plan. However, all 
applicants must submit proof of approval of all modifications to their 
plans to the Department by April 1, 2013. Proof of plan modifications 
should be mailed to the person and address identified under FOR FURTHER 
INFORMATION CONTACT in section VII of this notice.

Voluntary Desegregation Plans

    A voluntary desegregation plan must be approved by the Department 
each time an application is submitted for funding. Even if the 
Department has approved a voluntary desegregation plan in an LEA in the 
past, the desegregation plan must be resubmitted for approval as part 
of the application.
    An applicant's voluntary desegregation plan must demonstrate how 
the LEA will reduce, eliminate, or prevent minority group isolation, 
and demonstrate that the proposed voluntary desegregation plan is 
adequate under Title VI. For additional guidance on how an LEA can 
voluntarily reduce minority group isolation and promote diversity in an 
LEA in light of the Supreme Court's decision in Parents Involved in 
Community Schools v. Seattle School District No 1 et al., 551 U.S. 701 
(2007), see the December 2, 2011, ``Guidance on the Voluntary Use of 
Race to Achieve Diversity and Avoid Racial Isolation in Elementary and 
Secondary Schools'' (Guidance) available on the Department's Web site 
at www.ed.gov/ocr/docs/guidance-ese-201111.pdf.
    Complete and accurate enrollment forms and other information as 
required by the regulations in 34 CFR 280.20(f) and (g) for applicants 
with voluntary desegregation plans are critical to the Department's 
determination of an applicant's eligibility under a voluntary 
desegregation plan (specific requirements are detailed in the 
application package).
    Voluntary desegregation plan applicants must submit evidence of 
school board approval or evidence of other official adoption of the 
plan as required by the regulations in 34 CFR 280.20(f)(2).

IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an 
application package via the Internet, from the Education Publications 
Center (ED Pubs), or from the program office.
    To obtain a copy via the Internet, use the following address: 
www.ed.gov/fund/grant/apply/grantapps/.
    To obtain a copy from ED Pubs, write, fax, or call the following: 
Education Publications Center, P.O. Box 22207, Alexandria, VA 22304. 
Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a 
telecommunications device for the deaf (TDD) or text telephone (TTY), 
call, toll free: 1-877-576-7734.
    You can contact ED Pubs at its Web site, also: www.EdPubs.gov or at 
its email address: edpubs@inet.ed.gov.
    If you request an application from ED Pubs, be sure to identify 
this program as follows: CFDA number 84.165A.
    To obtain a copy from the program office, contact: Rosie Kelley, 
U.S. Department of Education, 400 Maryland Avenue SW., room 4W227, 
Washington, DC 20202-5970. Telephone: (202)453-5601 or by email: 
msap.team@ed.gov. If you use a TDD or TTY, call the Federal Relay 
Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the program contact person listed in 
this section.
    2. Content and Form of Application Submission:
    a. Requirements concerning the content of an application, together 
with the forms you must submit, are in the application package for this 
competition.
    Notice of Intent to Apply: The Department will be able to develop a 
more efficient process for reviewing grant applications if it has a 
better understanding of the number of entities that intend to apply for 
funding under this competition. Therefore, the Secretary strongly 
encourages each potential applicant to notify the Department of the 
applicant's intent to submit an application for funding by completing a 
Web-based form. When completing this form, applicants will provide (1) 
the applicant organization's name and address, (2) information on the 
competitive priority or priorities under which the applicant intends to 
apply, (3) schools that will be served through the MSAP grant with NCES 
numbers and grades, and (4) MSAP grant writer. Applicants may access 
this form online at http://www2.ed.gov/programs/magnet/index.html. 
Applicants that do not complete this form may still apply for funding.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria and the 
competitive preference that reviewers use to evaluate your application. 
You are strongly encouraged to limit the application narrative [Part 
III] to no more than 100 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 of one of the following fonts is strongly encouraged: 
Times New Roman, Courier, Courier New, or Arial.
     Include page numbers at the bottom of each page in your 
narrative.
    The suggested page limit does not apply to the Part I, the cover 
sheet; Part II, the budget section, including the narrative budget 
justification; Part IV, the assurances, certifications, the 
desegregation plan and related information, and the forms used to 
respond to Competitive Preference Priority 2--New or revised magnet 
schools projects and Competitive Preference Priority 3--Selection of 
students; or the one-page abstract, the resumes, or letters of support. 
However, the suggested page limit does apply to all of the application 
narrative in Part III.

[[Page 77059]]

    b. Submission of Proprietary Information:
    Given the types of projects that may be proposed in applications 
for the MSAP program an application may include business information 
that the applicant considers proprietary. The Department's regulations 
define ``business information'' in 34 CFR 5.11.
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you feel is exempt from disclosure 
under Exemption 4 of the Freedom of Information Act. In the appropriate 
Appendix section of your application, under ``Other Attachments Form,'' 
please list the page number or numbers on which we can find this 
information. For additional information please see 34 CFR 5.11(c).
    3. Submission Dates and Times:
    Applications Available: December 31, 2012.
    Deadline for Notice of Intent to Apply: January 30, 2013.
    Date of Pre-Application Webinar: January 17, 2013.
    The Department will hold a pre-application Webinar for prospective 
applicants on Tuesday, January 17, 2013, from 1:00 to 4:30 p.m., 
Washington, DC time. The Webinar will discuss the purpose of the MSAP 
competitive preference priorities, selection criteria, application 
content, submission requirements, and reporting requirements. 
Interested parties may obtain information about this Webinar from the 
program Web site at http://www2.ed.gov/programs/magnet/index.html. A 
recording of this Webinar will be available on the Web site following 
the session.
    Deadline for Transmittal of Applications: March 1, 2013.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or in paper format by mail or hand delivery 
if you qualify for an exception to the electronic submission 
requirement, please refer to 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: April 30, 2013.
    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: We specify unallowable costs in 34 CFR 
280.41. We reference additional regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, Central Contractor Registry, and System for Award Management: 
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)--and, after July 24, 2012, with the System 
for Award Management (SAM), the Government's primary registrant 
database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active CCR or SAM 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 or SAM 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 registration annually. This may take three or more 
business days to complete. Information about SAM is available at 
SAM.gov.
    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 the 
Magnet Schools Assistance 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 Magnet Schools Assistance 
Program, CFDA number 84.165A, 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 the Magnet 
Schools Assistance Program at www.Grants.gov. You must search for the 
downloadable application package for this program Magnet Schools 
Assistance Program (MSAP 84.165) by the CFDA number. Do not include the 
CFDA number's alpha suffix in your search (e.g., search for 84.165, not 
84.165A).
    Please note the following:
     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

[[Page 77060]]

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 the Magnet Schools Assistance 
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. 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: Rosie E. Kelley, U.S. 
Department of Education, 400 Maryland Avenue SW. room 4W227, 
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 84.165A), LBJ Basement Level 1, 400 Maryland Avenue SW., 
Washington, DC 20202-4260.
    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.

[[Page 77061]]

    (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 84.165A), 550 12th Street SW., Room 7041, Potomac Center 
Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 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

    Selection Criteria: The selection criteria for the MSAP are from 34 
CFR 75.209, 34 CFR 280.30, 34 CFR 280.31 and sections 5305(b)(1)(A), 
5305(b)(1)(B), 5305(b)(1)(D)(i), 5305(b)(2)(D) of the ESEA. All of the 
selection criteria are listed in this section and in the application 
package.
    The maximum score for all of the selection criteria is 100 points. 
The maximum score for each criterion is included in parentheses. Each 
criterion also includes the factors that reviewers will consider in 
determining the extent to which an applicant meets the criterion.
    Points awarded under these selection criteria are in addition to 
any points an applicant earns under the competitive preference 
priorities in this notice. The maximum score that an application may 
receive under the competitive preference priorities and the selection 
criteria is 140 points.
    (a) Plan of Operation. (30 points)
    (1) The Secretary reviews each application to determine the quality 
of the plan of operation for the project.
    (2) The Secretary determines the extent to which the applicant 
demonstrates--
    (i) (5 points) The effectiveness of its management plan to ensure 
proper and efficient administration of the project;
    (ii) (5 points) The effectiveness of its plan to attain specific 
outcomes that--
    (A) Will accomplish the purposes of the program;
    (B) Are attainable within the project period;
    (C) Are measurable and quantifiable; and
    (D) For multi-year projects, can be used to determine the project's 
progress in meeting its intended outcomes;
    (iii) (2 points) The effectiveness of its plan for utilizing its 
resources and personnel to achieve the objectives of the project, 
including how well it utilizes key personnel to complete tasks and 
achieve the objectives of the project;
    (iv) (3 points) How it will ensure equal access and treatment for 
eligible project participants who have been traditionally 
underrepresented in courses or activities offered as part of the magnet 
school, e.g. women and girls in mathematics, science, or technology 
courses, and disabled students; and
    (v) (15 points) The effectiveness of its plan to recruit students 
from different social, economic, ethnic, and racial backgrounds into 
the magnet schools.
    (b) Quality of Personnel. (15 points)
    (1) The Secretary reviews each application to determine the 
qualifications of the personnel the applicant plans to use on the 
project.
    (2) The Secretary determines the extent to which--
    (i) (5 points) The project director (if one is used) is qualified 
to manage the project;
    (ii) (4 points) Other key personnel are qualified to manage the 
project;
    (iii) (5 points) Teachers who will provide instruction in 
participating magnet schools are qualified to implement the special 
curriculum of the magnet schools; and
    (iv) (1 point) The applicant, as part of its nondiscriminatory 
employment practices, will ensure that its personnel are selected for 
employment without regard to race, religion, color, national origin, 
sex, age, or disability.
    (3) To determine personnel qualifications, the Secretary considers 
experience and training in fields related to the objectives of the 
project, including the key personnel's knowledge of and experience in 
curriculum development and desegregation strategies.
    (c) Quality of Project Design. (30 points)
    (1) The Secretary reviews each application to determine the quality 
of the project design based on sections 5305(b)(1)(A), 5305(b)(1)(B), 
5305(b)(1)(D)(i), 5305(b)(2)(D) of the ESEA.
    (2) The Secretary determines the extent to which each magnet school 
for which funding is sought will--
    (i) (10 points) Promote desegregation, including how each proposed 
magnet school program will increase interaction among students of 
different social, economic, ethnic, and racial backgrounds;
    (ii) (10 points) Improve student academic achievement for all 
students attending each magnet school program, including the manner and 
extent to which each magnet school program will increase student 
academic achievement in the instructional area or areas offered by the 
school; and
    (iii) (10 points) Encourage greater parental decision-making and 
involvement.
    (d) Budget and Resources. (5 points)
    The Secretary reviews each application to determine the adequacy of 
the resources and the cost-effectiveness of the budget for the project, 
including--
    (1) (1 points) The adequacy of the facilities that the applicant 
plans to use;
    (2) (2 points) The adequacy of the equipment and supplies that the 
applicant plans to use; and
    (3) (2 points) The adequacy and reasonableness of the budget for 
the project in relation to the objectives of the project.
    (e) Evaluation Plan. (10 points)
    The Secretary determines the extent to which the evaluation plan 
for the project--
    (1) (2 points) Includes methods that are appropriate to the 
project;
    (2) (6 points) Will determine how successful the project is in 
meeting its intended outcomes, including its goals for desegregating 
its students and increasing student achievement; and
    (3) (2 points) Includes methods that are objective and that will 
produce data that are quantifiable.

[[Page 77062]]

    (f) Commitment and Capacity. (10 points)
    (1) The Secretary reviews each application to determine whether the 
applicant is likely to continue the magnet school activities after 
assistance under the program is no longer available.
    (2) The Secretary determines the extent to which the applicant--
    (i) (5 points) Is committed to the magnet schools project; and
    (ii) (5 points) Has identified other resources to continue support 
for the magnet school activities when assistance under this program is 
no longer available.
    2. 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 assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. 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) 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: We have established the following six 
performance measures for the MSAP:
    (a) The percentage of magnet schools receiving assistance whose 
student enrollment reduces, eliminates, or prevents minority group 
isolation.
    (b) The percentage of students from major racial and ethnic groups 
in magnet schools receiving assistance who score proficient or above on 
State assessments in reading/language arts.
    (c) The percentage of students from major racial and ethnic groups 
in magnet schools receiving assistance who score proficient or above on 
State assessments in mathematics.
    (d) The cost per student in a magnet school receiving assistance.
    (e) The percentage of magnet schools that received assistance that 
are still operating magnet school programs three years after Federal 
funding ends.
    (f) The percentage of magnet schools that received assistance that 
meet the State's annual measurable objectives and, for high schools, 
graduation rate targets at least three years after Federal funding 
ends.
    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: Rosie Kelley, U.S. Department of 
Education, 400 Maryland Avenue SW., room 4W227, Washington, DC 20202-
5970. Telephone: (202) 453-5601 or by email: msap.team@ed.gov. If you 
use a TDD or TTY, call the FRS, 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: December 26, 2012.
James H. Shelton, III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2012-31434 Filed 12-28-12; 8:45 am]
BILLING CODE 4000-01-P