81_FR_23540 81 FR 23463 - Application for New Awards; Charter Schools Program (CSP) Grants for State Educational Agencies

81 FR 23463 - Application for New Awards; Charter Schools Program (CSP) Grants for State Educational Agencies

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 77 (April 21, 2016)

Page Range23463-23474
FR Document2016-09298

Federal Register, Volume 81 Issue 77 (Thursday, April 21, 2016)
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23463-23474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09298]


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DEPARTMENT OF EDUCATION


Application for New Awards; Charter Schools Program (CSP) Grants 
for State Educational Agencies

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

ACTION: Notice.

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    Overview Information:
    Charter Schools Program (CSP) Grants for State Educational Agencies 
(SEAs)
    Notice inviting applications for new awards for fiscal year (FY) 
2016.

Catalog of Federal Domestic Assistance (CFDA) Number: 84.282A.


DATES: 
    Applications Available: April 21, 2016.
    Date of Pre-Application Webinar: April 26, 2016, 2:00 p.m. to 4:00 
p.m., Washington, DC, time.
    Deadline for Transmittal of Applications: June 1, 2016.
    Deadline for Intergovernmental Review: July 30, 2016.

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 by--
    (1) Providing financial assistance for the planning, program 
design, and initial implementation of charter schools;
    (2) Evaluating the effects of charter schools, including the 
effects on students, student achievement, student growth, staff, and 
parents;
    (3) Expanding the number of high-quality charter schools available 
to students across the Nation; and
    (4) Encouraging the States to provide support to charter schools 
for facilities financing in an amount more nearly commensurate to the 
amount the States have typically provided for traditional public 
schools.
    The purpose of the CSP Grants for SEAs competition is to enable 
SEAs to provide financial assistance, through subgrants to eligible 
applicants (also referred to as non-SEA eligible applicants), for the 
planning, program design, and initial implementation of charter schools 
and for the dissemination of information about successful charter 
schools, including practices that existing charter schools have 
demonstrated are successful.

SUPPLEMENTARY INFORMATION: On December 10, 2015, the President signed 
into law the Every Student Succeeds Act (ESSA), Public Law 114-95, 
which reauthorized the Elementary and Secondary Education Act of 1965 
(ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). 
Under section 5(c) of the ESSA, CSP grants awarded in FY 2016 and 
earlier years will operate in accordance with the requirements of the 
ESEA, as amended by NCLB, and any continuation awards applicable to 
these grants also will operate in accordance with such requirements.
    The FY 2016 CSP Grants for SEAs competition is similar to the 
previous year's competition, with a few changes to simplify the 
application and review process, consistent with feedback from 
applicants, peer reviewers, and panel monitors. Notably, the 
competitive preference priorities have been streamlined and the 
selection criteria have been reduced in number and simplified. In 
addition, to ensure that CSP funds are used efficiently by SEAs and 
their subgrantees, the Department has established a maximum amount of 
subgrant funds that an SEA may award to a subgrantee for planning, 
program design, and initial implementation of a charter school. In 
developing their applications, applicants should review the application 
package available at www.grants.gov for additional information 
concerning the priorities, application requirements, and selection 
criteria for this competition, as well as more detailed information on 
the application submission process.
    As in FY 2015, the Department seeks to achieve three main goals 
through this competition. The first goal is to ensure that CSP funds 
are directed toward the creation of high-quality charter schools. For 
example, under selection criterion (d) Project Design, reviewers will 
consider how an applicant's CSP project design furthers its overall 
strategy for increasing the number of high-quality charter schools in 
the State, including how the SEA intends to ensure that subgrants will 
be awarded to eligible applicants demonstrating the capacity to create 
high-quality charter schools.
    The second goal is to strengthen public accountability for 
authorized public chartering agencies (also referred to as authorizers) 
and their charter schools through rigorous and transparent charter 
school authorization and oversight processes. For example, Absolute 
Priorities 1 Periodic Review and Evaluation and 2 Charter School 
Oversight require an applicant to demonstrate that its State implements 
specific charter school authorization and oversight policies to ensure 
public accountability for charter schools in the State, including 
holding authorized public chartering agencies accountable for the 
quality of the charter schools in their portfolios.
    The third goal is to support and improve academic outcomes for 
educationally disadvantaged students through equal access to high-
quality charter schools, improved academic performance for students at 
the greatest risk of academic failure, and a concerted effort to 
increase student-body diversity in charter schools. Diversity--in 
particular racial, ethnic, and socioeconomic diversity--is a critical 
component of improving outcomes for all students, including 
educationally disadvantaged students. Accordingly, under selection 
criterion (f) Oversight of Authorized Public Chartering Agencies, 
reviewers will consider the quality of an applicant's plan to help 
ensure that authorized public chartering agencies approve charter 
school petitions that incorporate school models, practices, or 
strategies that may be effective in improving outcomes for 
educationally disadvantaged students, including models, practices, and 
strategies that focus on increasing student-body diversity. These 
approaches may include, for example, site-location and transportation 
planning to facilitate charter school enrollment of students from 
different neighborhoods or communities, targeted recruitment of high-
need student populations to attract diverse pools of applicants to 
charter schools, weighted admissions lotteries for educationally 
disadvantaged students to increase student body diversity in charter 
schools, academic themes and course offerings to attract a diverse 
group of students, or other practices, including evidence-based 
practices related to serving educationally disadvantaged students, such 
as practices designed to increase access to rigorous coursework or 
intensive, near-peer mentoring for such students. In addition, the 
dissemination of best practices related to student discipline and 
school climate may help

[[Page 23464]]

prevent disproportionate suspensions and expulsions, and increase 
retention and academic performance, of educationally disadvantaged 
students enrolled in charter schools. Under selection criterion (e), 
Dissemination of Information and Best Practices, reviewers will 
consider the quality of the SEA's plan for disseminating information 
and research on best or promising practices related to student 
discipline. Lastly, as part of our commitment to transparency and 
ensuring that charter schools are serving all students, including our 
Nation's high-need students, we include an invitational priority 
designed to encourage applicants to describe how they publicly report 
student demographic information for each charter school in their State, 
as well as how they publicly report comparable demographic information 
for school districts and public schools in the surrounding areas.
    Although related, the goal of increasing student-body diversity 
should not be confused with basic compliance requirements related to 
non-discrimination. We remind applicants of the need to ensure charter 
school compliance with applicable Federal and State laws and policies, 
and expect grantees to include appropriate oversight in their 
subgrantee monitoring plans with respect to the following areas:
    (1) For all charter schools that receive CSP or other Federal 
funds, compliance with non-discrimination laws, including the Age 
Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, 
Title IX of the Education Amendments of 1972, Section 504 of the 
Rehabilitation Act of 1973, Part B of the Individuals with Disabilities 
Act (IDEA), and applicable State laws;
    (2) For charter schools that are opened and operate as single-sex 
schools, compliance with applicable nondiscrimination laws, including 
the Equal Protection Clause of the U.S. Constitution (as interpreted in 
United States v. Virginia, 518 U.S. 515 (1996) and other cases) and 
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 
and its implementing regulations, including 34 CFR 106.34(c). In 
addition, with respect to opening and operating co-educational charter 
schools that offer single-sex classes or extracurricular activities, 
the applicant must ensure that charter schools in its State comply with 
the Title IX regulations at 34 CFR 106.34(b). Please see the 
application package for further information;
    (3) For charter schools that are closing (whether voluntarily or 
otherwise), compliance with applicable laws that govern public school 
closures generally, and requirements for closing out CSP subgrants 
properly. The Department encourages SEAs to develop written procedures 
and guidelines to assist charter schools that close in addressing 
various issues, including appropriate disposition of the school's 
assets, placement of students in other public schools, the transfer of 
student records, and protection of students' personal information.
    Priorities: This notice includes two absolute priorities, two 
competitive preference priorities, and one invitational priority. The 
absolute priorities and Competitive Preference Priority 1 are from the 
notice of final priorities, requirements, definitions, and selection 
criteria for this program, published in the Federal Register on June 
15, 2015 (80 FR 34201) (NFP), and Competitive Preference Priority 2 is 
from section 5202(e) of the ESEA (20 U.S.C. 7221a(e)(3)(B)).
    Absolute Priorities: For FY 2016 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet both of the 
following absolute priorities.
    These priorities are:
    Absolute Priority 1--Periodic Review and Evaluation
    To meet this priority, the applicant must demonstrate that the 
State provides for periodic review and evaluation by the authorized 
public chartering agency of each charter school at least once every 
five years, unless required more frequently by State law, and takes 
steps to ensure that such reviews take place. The review and evaluation 
must serve to determine whether the charter school is meeting the terms 
of the school's charter and meeting or exceeding the student academic 
achievement requirements and goals for charter schools as set forth in 
the school's charter or under State law, a State regulation, or a State 
policy, provided that the student academic achievement requirements and 
goals for charter schools established by that policy meet or exceed 
those set forth under applicable State law or State regulation. This 
periodic review and evaluation must include an opportunity for the 
authorized public chartering agency to take appropriate action or 
impose meaningful consequences on the charter school, if necessary.
    Absolute Priority 2--Charter School Oversight
    To meet this priority, an application must demonstrate that State 
law, regulations, or other policies in the State where the applicant is 
located require the following:
    (a) That each charter school in the State--
    (1) Operates under a legally binding charter or performance 
contract between itself and the school's authorized public chartering 
agency that describes the rights and responsibilities of the school and 
the public chartering agency;
    (2) Conducts annual, timely, and independent audits of the school's 
financial statements that are filed with the school's authorized public 
chartering agency; and
    (3) Demonstrates improved student academic achievement; and
    (b) That all authorized public chartering agencies in the State use 
increases in student academic achievement for all groups of students 
described in section 1111(b)(2)(C)(v) of the ESEA (20 U.S.C. 
6311(b)(2)(C)(v)) as one of the most important factors when determining 
whether to renew or revoke a school's charter.
    Competitive Preference Priorities: For FY 2016 and any subsequent 
year in which we make awards based on the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 
15 points to an application depending on how well the application 
addresses Competitive Preference Priority 1, and an additional five 
points to an application that meets Competitive Preference Priority 2. 
Applications addressing each of these priorities may receive up to a 
total of 20 priority points.
    These priorities are:
    Competitive Preference Priority 1--High-Quality Authorizing and 
Monitoring Processes (Up to 15 additional points)
    To meet this priority, an applicant must demonstrate that all 
authorized public chartering agencies in the State use one or more of 
the following:
    (a) Authorizing processes that establish clear criteria for 
evaluating charter applications and include a multi-tiered clearance or 
review of a charter school, including a final review immediately before 
the school opens for its first operational year.
    (b) Authorizing processes that include differentiated review of 
charter petitions to assess whether, and the extent to which, the 
charter school developer has been successful (as determined by the 
authorized public chartering agency) in establishing and operating one 
or more high-quality charter schools.
    (c) Clear and specific standards and formalized processes that 
measure and

[[Page 23465]]

benchmark the performance of the authorized public chartering agency or 
agencies, including the performance of its portfolio of charter 
schools, and provide for the annual dissemination of information on 
such performance.
    Competitive Preference Priority 2--One Authorized Public Chartering 
Agency Other Than a Local Educational Agency, or an Appeals Process (0 
or 5 points)
    To meet this priority, the applicant must demonstrate that the 
State--
    (a) Provides for one authorized public chartering agency that is 
not a local educational agency (LEA), such as a State chartering board, 
for each individual or entity seeking to operate a charter school 
pursuant to State law; or
    (b) In the case of a State in which LEAs are the only authorized 
public chartering agencies, allows for an appeals process for the 
denial of an application for a charter school.
    Invitational Priority: For FY 2016 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, this priority is an invitational priority. Under 34 CFR 
75.105(c)(1) we do not give an application that meets this invitational 
priority a competitive or absolute preference over other applications.
    This priority is:
    Public Reporting of Charter School Demographics
    The Secretary encourages projects that specify how, on an annual 
basis, the SEA publicly reports, or will publicly report, on student 
demographics (e.g., socioeconomic status, race, ethnicity, English 
language learner status, and disability status) of each charter school 
in the State, and how the SEA publicly reports comparable data for 
school districts and public schools in the surrounding areas.
    Application Requirements:
    Applications for funding under the CSP Grants for SEAs program must 
address the application requirements described below.
    These application requirements are from sections 5203(b) and 
5204(e) and (f) of the ESEA (20 U.S.C. 7221b(b), 7221c(e) and (f)), and 
the NFP. An applicant may choose to respond to the application 
requirements in the context of its responses to the selection criteria, 
when applicable.
    (a) Disseminating best practices: Describe how the SEA will 
disseminate best or promising practices of charter schools to each LEA 
in the State.
    (b) Federal funds and programs: Describe how the SEA--
    (i) Will inform each charter school in the State regarding Federal 
funds the charter school is eligible to receive and Federal programs in 
which the charter school may participate; and
    (ii) Will ensure that each charter school in the State receives the 
charter school's commensurate share of Federal education funds that are 
allocated by formula each year, including during the first year of 
operation of the school.
    (c) IDEA Compliance: Describe how charter schools that are 
considered to be LEAs under State law, and LEAs in which charter 
schools are located, will comply with sections 613(a)(5) and 
613(e)(1)(B) of IDEA (20 U.S.C. 1400, et seq.).
    (d) Logic model: Provide a complete logic model (as defined in this 
notice) for the project. The logic model must address the role of the 
grant in promoting the State-level strategy for expanding the number of 
high-quality charter schools through startup subgrants, optional 
dissemination subgrants, optional revolving loan funds, and other 
strategies.
    (e) Lottery and enrollment preferences: Describe (1) how lotteries 
for admission to charter schools will be conducted in the State, 
including any student enrollment preferences or exemptions from the 
lottery that charter schools are required or expressly permitted by the 
State to employ; and (2) any mechanisms that exist for the SEA or 
authorized public chartering agency to review, monitor, or approve such 
lotteries or student enrollment preferences or exemptions from the 
lottery. In addition, the SEA must provide an assurance that it will 
require each applicant for a CSP subgrant to include in its application 
descriptions of its recruitment and admissions policies and practices, 
including a description of the proposed lottery and any enrollment 
preferences or exemptions from the lottery the charter school employs 
or plans to employ, and how those enrollment preferences or exemptions 
are consistent with State law and the CSP authorizing statute (for 
information related to admissions and lotteries under the CSP, please 
see section E of the CSP Nonregulatory Guidance (January 2014) at 
www2.ed.gov/programs/charter/nonregulatory-guidance.html).
    (f) Objectives: Describe the objectives of the SEA's charter school 
grant program and how these objectives will be fulfilled, including 
steps taken by the SEA to inform teachers, parents, and communities of 
the SEA's charter school grant program;
    (g) Revolving loan fund: If an SEA elects to reserve a portion of 
its grant funds (no more than 10 percent) to establish a revolving loan 
fund, describe how the revolving loan fund would operate; and
    (h) Waivers: If an SEA desires the Secretary to consider waivers 
under section 5204(e) of the ESEA (20 U.S.C. 7221c(e)), include a 
request and justification for any waiver of any statutory or regulatory 
requirement over which the Secretary exercises authority except any 
such requirement relating to the elements of a charter school described 
in section 5210(1) of the ESEA.
    Definitions:
    The following definitions are from 34 CFR 77.1, the NFP, and 
section 5210 of the CSP authorizing statute (20 U.S.C. 7221i).
    Academically poor-performing charter school means--
    (a) A charter school that has been in operation for at least three 
years and that--
    (1) Has been identified as being in the lowest-performing five 
percent of all schools in the State and has failed to improve school 
performance (based on the SEA's accountability system under the ESEA) 
over the past three years; and
    (2) Has failed to demonstrate student academic growth of at least 
an average of one grade level for each cohort of students in each of 
the past three years, as demonstrated by statewide or other assessments 
approved by the authorized public chartering agency; or
    (b) An SEA may use an alternative definition for academically poor-
performing charter school, provided that the SEA provides (1) the 
specific definition it proposes to use; and (2) a written explanation 
of how the proposed definition is at least as rigorous as the standard 
in paragraph (a).
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant, or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure.
    Baseline means the starting point from which performance is 
measured and targets are set.
    Developer means an individual or group of individuals (including a 
public or private nonprofit organization), which may include teachers, 
administrators and other school staff, parents, or other members of the 
local community in which a charter school project will be carried out.

[[Page 23466]]

    Educationally disadvantaged students means economically 
disadvantaged students, students with disabilities, migrant students, 
limited English proficient students (also referred to as English 
learners or English language learners), neglected or delinquent 
students, or homeless students.
    Eligible applicant means a developer that has (a) applied to an 
authorized public chartering authority to operate a charter school; and 
(b) provided adequate and timely notice to that authority under section 
5203(d)(3) of the ESEA.
    High-quality charter school means--
    (a) A charter 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) Increased student academic achievement and attainment 
(including, if applicable and available, high school graduation rates 
and college and other postsecondary education enrollment rates) for all 
students, including, as applicable, educationally disadvantaged 
students served by the charter school;
    (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 (20 U.S.C. 6311(b)(2)(C)(v)(II)) at the charter school; 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 (20 
U.S.C. 6311) at the charter school and significant gains in student 
academic achievement for all populations of students served by the 
charter school;
    (3) Results (including, if applicable and available, performance on 
statewide tests, annual student attendance and retention rates, high 
school graduation rates, college and other postsecondary education 
attendance rates, and college and other postsecondary education 
persistence rates) for low-income and other educationally disadvantaged 
students served by the charter school that are above the average 
academic achievement results for such students in the State;
    (4) Results on a performance framework established by the State or 
authorized public chartering agency for the purpose of evaluating 
charter school quality; and
    (5) No significant compliance issues, particularly in the areas of 
student safety, financial management, and equitable treatment of 
students; or
    (b) An SEA may use an alternative definition for high-quality 
charter school, provided that the SEA provides (1) the specific 
definition it proposes to use; and (2) a written explanation of how the 
proposed definition is at least as rigorous as the standard in 
paragraph (a).
    Logic model (also referred to as theory of action) means a well-
specified conceptual framework that identifies key components of the 
proposed process, product, strategy, or practice (i.e., the active 
``ingredients'' that are hypothesized to be critical to achieving the 
relevant outcomes) and describes the relationships among the key 
components and outcomes, theoretically and operationally.
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance.
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project.
    Relevant outcome means the student outcome(s) (or the ultimate 
outcome if not related to students), the proposed process, product, 
strategy, or practice is designed to improve; consistent with the 
specific goals of a program.
    Significant compliance issue means a violation that did, will, or 
could (if not addressed or if it represents a pattern of repeated 
misconduct or material non-compliance) lead to the revocation of a 
school's charter by the authorizer.

    Program Authority:  The CSP is authorized under Title V, Part B, 
Subpart 1 of the ESEA (20 U.S.C. 7221-7221j); and the Consolidated 
Appropriations Act, 2016, Pub. L. 114-113 (FY 2016 Appropriations 
Act).

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

    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.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $160,000,000.
    Estimated Range of Awards: $2,000,000 to $42,000,000 per year.
    Estimated Average Size of Awards: $10,000,000 per year.
    Estimated Number of Awards: 8 to 12.

    Note:  The Department is not bound by any estimates in this 
notice. The estimated range and average size of awards are based on 
a single 12-month budget period.


    Project Period: Up to 36 months.

    Note:  SEAs may award planning and implementation subgrants to 
eligible applicants for a period of up to three years, no more than 
18 months of which may be used for planning and program design and 
no more than two years of which may be used for the initial 
implementation of a charter school. SEAs may award dissemination 
subgrants to eligible charter schools for a period of up to two 
years.

    Maximum Award: There is no maximum award amount for this 
competition. See Reasonable and Necessary Costs in section III.3.(a) 
below, however, for information regarding the maximum amount of funds 
that SEAs may award for each planning, program design, and initial 
implementation subgrant.

III. Eligibility Information

    1. Eligible Applicants: SEAs in States with a State statute 
specifically authorizing the establishment of charter schools.

    Note: Non-SEA eligible applicants in States in which the SEA 
elects not to participate in or does not have an application 
approved under the CSP may apply for funding directly from the 
Department. The Department plans to announce two separate 
competitions for CSP grants to non-SEA eligible applicants later in 
the year, under CFDA numbers 84.282B (Non-SEA Planning, Program 
Design, and Initial Implementation grants) and 84.282C (Non-SEA 
Dissemination grants). Additional information about the competitions 
for non-SEA eligible applicants is available at http://innovation.ed.gov/what-we-do/charter-schools/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant.

    2. Cost Sharing or Matching: This program 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 subgrant funds that an SEA may 
award to an eligible entity.
    For CSP grants awarded under this competition, the maximum amount 
of subgrant funds that an SEA may award to an eligible entity for 
planning, program design, and initial

[[Page 23467]]

implementation of a single charter school is $800,000.
    (b) Other CSP Grants: A charter school that receives or has 
received CSP funds for planning, program design, or initial 
implementation under section 5202(c)(2) of the ESEA (CFDA No. 84.282B), 
or for the replication or expansion of a high-quality charter school 
under one of the Department's Appropriations Acts \1\ (CFDA No. 
84.282M), is not eligible to receive subgrant funds from an SEA under 
this program for the same or a substantially similar purpose.
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    \1\ Beginning with the Consolidated Appropriations Act, 2010, 
Public Law 111-117, each of the Department's appropriations acts 
through the FY 2016 Appropriations Act has authorized the Secretary 
to award grants for the replication and expansion of charter 
schools.
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    Likewise, a charter school that receives or has received subgrant 
funds from an SEA under this program is ineligible to receive other CSP 
funds for the same or a substantially similar purpose under section 
5202(c)(2) of the ESEA, including for planning, program design, or the 
initial implementation of a charter school (CFDA No. 84.282B), or for 
the replication or expansion of a high-quality charter school (CFDA No. 
84.282M) under one of the Department's Appropriations Acts.

IV. Application and Submission Information

    1. Address To Request Application Package: Kathryn Meeley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W257, 
Washington, DC 20202-5970. Telephone: (202) 453-6818 or by email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
    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. We recommend that you limit 
the application narrative (Part III) to 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. An application submitted in any other font 
(including Times Roman or Arial Narrow) will not be accepted.
    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: April 21, 2016.
    Date of Pre-Application Webinar: The Department will hold a pre-
application Webinar for prospective applicants from 2:00 p.m.-4:00 p.m. 
on April 26, 2016.
    Individuals interested in participating in this Webinar are 
encouraged to pre-register through our Web site at (https://educateevents.webex.com/educateevents/onstage/g.php?d=743947188&t=a). 
There is no registration fee for participating in this Webinar.
    For further information about the pre-application Webinar, contact 
Kathryn Meeley, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 4W257, Washington, DC 20202-5970. Telephone: (202) 453-6818 or by 
email: [email protected].
    Deadline for Transmittal of Applications: June 1, 2016.
    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: July 30, 2016.
    4. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this program.
    5. Funding Restrictions: Grant funds must be used to carry out 
allowable activities, as described in section 5204(f) of the ESEA (20 
U.S.C. 7221c(f)). The following funding restrictions apply to this 
competition:
    Planning and Implementation Subgrants: An eligible applicant 
receiving a subgrant under this program may use the subgrant funds only 
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. (20 U.S.C. 
7221c(f)(3))
    The FY 2016 Appropriations Act authorizes the use of CSP funds 
``for grants that support preschool education in charter schools.'' 
Accordingly, an application submitted under this competition may 
propose to use CSP funds to support preschool education in charter 
schools. For information on the use of CSP funds to support preschool 
education in charter schools, see ``Guidance on the Use of Funds to 
Support Preschool Education'' at www2.ed.gov/programs/charter/csppreschoolfaqs.doc.
    Dissemination Subgrants: An SEA may reserve not more than 10 
percent of its grant funds to make subgrants to eligible charter 
schools to carry out

[[Page 23468]]

dissemination activities. A charter school may use dissemination 
subgrant funds to assist other schools in adapting the charter school's 
program (or certain aspects of the charter school's program) or to 
disseminate information about the charter school through such 
activities as--
    (a) Assisting other individuals with the planning and start-up of 
one or more new public schools, including charter schools, that are 
independent of the assisting charter school and the assisting charter 
school's developers and that agree to be held to at least as high a 
level of accountability as the assisting charter school;
    (b) Developing partnerships with other public schools, including 
charter schools, designed to improve student academic achievement in 
each of the schools participating in the partnership;
    (c) Developing curriculum materials, assessments, and other 
materials that promote increased student achievement and are based on 
successful practices within the assisting charter school; and
    (d) Conducting evaluations and developing materials that document 
the successful practices of the assisting charter school and that are 
designed to improve student achievement.
    Award Basis. In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the amount of any unobligated carryover funds the applicant has 
under an existing CSP grant and the applicant's performance and use of 
funds under a previous or existing award under any Department program 
(34 CFR 75.217(d)(3)(ii) and 75.233(b)). In assessing the applicant's 
performance and use of funds under a previous or existing award, the 
Secretary will consider, among other things, the outcomes the applicant 
has achieved and the results of any Departmental grant monitoring, 
including the applicant's progress in remedying any deficiencies 
identified in such monitoring.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, 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 System for Award 
Management (SAM) (formerly the Central Contractor Registry), the 
Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active 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 at the 
following Web site: http://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    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 two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.

    Note:  Once your SAM registration is active, it may be 24 to 48 
hours before you can access the information in, and submit an 
application through, Grants.gov.

    If you are currently registered with SAM, 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.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.
    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/web/grants/register.html.
    7. Other Submission Requirements. Applications for grants under 
this competition 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 SEAs competition, 
CFDA number 84.282A, 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 
SEAs competition at www.Grants.gov. You must search for the 
downloadable application package for this competition by the CFDA 
number. Do not include the CFDA number's alpha suffix in your search 
(e.g., search for 84.282, not 84.282A).
    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 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

[[Page 23469]]

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 competition 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. In addition, for specific guidance and 
procedures for submitting an application through Grants.gov, please 
refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.
     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 read-only, non-modifiable 
Portable Document Format (PDF). Do not upload an interactive or 
fillable PDF file. If you upload a file type other than a read-only, 
non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a 
password-protected file, we will not review that material. Please note 
that this could result in your application not being considered for 
funding because the material in question--for example, the project 
narrative--is critical to a meaningful review of your proposal. For 
that reason, it is important to allow yourself adequate time to upload 
all material as PDF files. The Department will not convert material 
from other formats to PDF.
     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. Grants.gov 
will also notify you automatically by email if your application met all 
the Grants.gov validation requirements or if there were any errors 
(such as submission of your application by someone other than a 
registered Authorized Organization Representative, or inclusion of an 
attachment with a file name that contains special characters). You will 
be given an opportunity to correct any errors and resubmit, but you 
must still meet the deadline for submission of applications.
    Once your application is successfully validated by Grants.gov, the 
Department will retrieve your application from Grants.gov and send you 
an email with a unique PR/Award number for your application.
    These emails do not mean that your application is without any 
disqualifying errors. While your application may have been successfully 
validated by Grants.gov, it must also meet the Department's application 
requirements as specified in this notice and in the application 
instructions. Disqualifying errors could include, for instance, failure 
to upload attachments in a read-only, non-modifiable PDF; failure to 
submit a required part of the application; or failure to meet applicant 
eligibility requirements. It is your responsibility to ensure that your 
submitted application has met all of the Department's requirements.
     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 the 
problem affected your ability to submit your application by 4:30:00 
p.m., Washington, DC time, on the application deadline date. We will 
contact you after we determine 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 
prevents 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: Kathryn Meeley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W257, 
Washington, DC 20202-5970. FAX: (202) 205-5630.

[[Page 23470]]

    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 84.282A, 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.
    (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.

    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.

    We will not consider applications postmarked after the application 
deadline date.

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 84.282A, 550 12th Street SW., Room 7039, 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

    1. Selection Criteria: The selection criteria for this program are 
from the NFP, section 5204(a) of the ESEA (20 U.S.C. 7221c), and 34 CFR 
75.210. Peer reviewers will use the Scoring Allocation Chart in the 
Appendix to this notice in evaluating an SEA's response and assigning 
points to each selection criterion. The maximum possible score for 
addressing each criterion and its component factors (if applicable) is 
provided in the Appendix.

    Note:  The Secretary does not consider selection criterion (c) 
Past Performance in evaluating the application submitted by an SEA 
in a State that enacted a charter school law for the first time less 
than five years before the closing date of this competition. 
Accordingly, such an SEA should not address this criterion in its 
application. To enable the Secretary to determine whether to 
consider criterion (c), an SEA should provide in its application the 
date that its State first enacted a charter school law and relevant 
supporting documentation.

    In evaluating an application, the Secretary considers the following 
selection criteria:
    (a) Educationally Disadvantaged Students. (20 U.S.C. 7221c) The 
Secretary considers the contribution that the charter schools grant 
program will make to assisting educationally disadvantaged and other 
students in meeting State academic content standards and State student 
academic achievement standards.
    (b) Vision for Growth and Accountability. (NFP) The Secretary 
determines the quality of the statewide vision, including the role of 
the SEA, for charter school growth and accountability. In determining 
the quality of the statewide vision, the Secretary considers the 
following factors:
    (1) The ambitiousness, quality of vision, and feasibility of the 
SEA's plan (including key actions) to support the creation of high-
quality charter schools during the project period, including a 
reasonable estimate of the number of high-quality charter schools in 
the State at both the beginning and the end of the project period; and
    (2) The ambitiousness, quality of vision, and feasibility of the 
SEA's plan (including key actions) to support the closure of 
academically poor-performing charter schools in the State (i.e., 
through revocation, non-renewal, or voluntary termination of a charter) 
during the project period.
    (c) Past Performance. (NFP) The Secretary considers the past 
performance of charter schools in a State that enacted a charter school 
law for the first time five or more years before submission of its 
application. In determining the past performance of charter schools in 
such a State, the Secretary considers the following factors:
    (1) The extent to which there has been a demonstrated increase, for 
each of the past five years, in the number and percentage of high-
quality charter schools (as defined in this notice) in the State; and
    (2) The extent to which there has been a demonstrated reduction, 
for each of the past five years, in the number and percentage of 
academically poor-performing charter schools (as defined in this 
notice) in the State.
    (d) Project Design. (NFP) The Secretary considers the quality of 
the design of the SEA's charter school subgrant program, including the 
extent to which the project design furthers the SEA's overall strategy 
for increasing the number of high-quality charter schools in the State 
and improving student academic achievement. In determining the quality 
of the project design, the Secretary considers the following factors:
    (1) The quality of the SEA's process for awarding subgrants for 
planning, program design, and initial implementation and, if 
applicable, for dissemination, including--
    (i) The subgrant application and peer review process, timelines for 
these processes, and how the SEA intends to ensure that subgrants will 
be awarded to eligible applicants demonstrating the capacity to create 
high-quality charter schools; and
    (ii) A reasonable year-by-year estimate, with supporting evidence, 
of (a) the number of subgrants the SEA expects to award during the 
project period and the average size of those subgrants, including an 
explanation of any assumptions upon which the estimates are based; and 
(b) if the SEA

[[Page 23471]]

has previously received a CSP grant, the percentage of eligible 
applicants that were awarded subgrants and how this percentage related 
to the overall quality of the applicant pool.
    (2) The process for monitoring CSP subgrantees.
    (e) Dissemination of Information and Best Practices. (NFP) The 
Secretary considers the quality of the SEA's plan to disseminate 
information about charter schools and best or promising practices of 
successful charter schools to each LEA in the State as well as to 
charter schools, other public schools, and charter school developers 
(20 U.S.C. 7221b(b)(2)(C) and 7221(c)(f)(6)). If an SEA proposes to use 
a portion of its grant funds for dissemination subgrants under section 
5204(f)(6)(B) of the ESEA (20 U.S.C. 7221c(f)(6)(B)), the SEA should 
incorporate these subgrants into the overall plan for dissemination. In 
determining the quality of the SEA's plan to disseminate information 
about charter schools and best or promising practices of successful 
charter schools, the Secretary considers the following factors:
    (1) The extent to which the SEA will serve as a leader in the State 
for identifying and disseminating information and research (which may 
include, but is not limited to, providing technical assistance) about 
best or promising practices in successful charter schools, including 
how the SEA will use measures of efficacy and data in identifying such 
practices and assessing the impact of its dissemination activities.
    (2) The quality of the SEA's plan for disseminating information and 
research on best or promising practices in charter schools related to 
student discipline and school climate.
    (f) Oversight of Authorized Public Chartering Agencies. (NFP)
    (1) The Secretary considers the quality of the SEA's plan 
(including any use of grant administrative or other funds) to monitor, 
evaluate, assist, and hold accountable authorized public chartering 
agencies. In determining the quality of the SEA's plan to provide 
oversight to authorized public chartering agencies, the Secretary 
considers how well the SEA's plan will ensure that authorized public 
chartering agencies are--
    (i) Approving charter school petitions with design elements that 
incorporate evidence-based school models and practices, including, but 
not limited to, school models and practices that focus on racial and 
ethnic diversity in student bodies and diversity in student bodies with 
respect to educationally disadvantaged students, consistent with 
applicable law;
    (ii) Establishing measureable academic and operational performance 
expectations for all charter schools (including alternative charter 
schools, virtual charter schools, and charter schools that include pre-
kindergarten, if such schools exist in the State) that are consistent 
with the definition of high-quality charter school as defined in this 
notice;
    (iii) Providing, on an annual basis, public reports on the 
performance of their portfolios of charter schools, including the 
performance of each individual charter school with respect to meeting 
the terms of, and expectations set forth in, the school's charter or 
performance contract; and
    (iv) Supporting charter school autonomy while holding charter 
schools accountable for results and meeting the terms of their charters 
or performance contracts.
    (2) The Secretary considers the quality of the SEA's plan 
(including any use of grant administrative or other funds) to monitor, 
evaluate, assist, and hold accountable authorized public chartering 
agencies. In determining the quality of the SEA's plan to provide 
oversight to authorized public chartering agencies, the Secretary 
considers how well the SEA's plan will ensure that authorized public 
chartering agencies are--
    (i) Seeking and approving charter school petitions from developers 
that have the capacity to create charter schools that can become high-
quality charter schools;
    (ii) Monitoring their charter schools on at least an annual basis, 
including conducting an in-depth review of each charter school at least 
once every five years, to ensure that charter schools are meeting the 
terms of their charter or performance contracts and complying with 
applicable State and Federal laws;
    (iii) Using increases in student academic achievement as one of the 
most important factors in renewal decisions; basing renewal decisions 
on a comprehensive set of criteria, which are set forth in the charter 
or performance contract; and revoking, not renewing, or encouraging the 
voluntary termination of charters held by academically poor-performing 
charter schools; and
    (iv) Ensuring the continued accountability of charter schools 
during any transition to new State assessments or accountability 
systems, including those based on college- and career-ready standards.
    (g) Policy Context for Charter Schools. (NFP) The Secretary 
considers the policy context for charter schools under the proposed 
project. In determining the policy context for charter schools under 
the proposed project, the Secretary considers the following factors:
    (1) The degree of flexibility afforded to charter schools under the 
State's charter school law, including--
    (i) The extent to which charter schools in the State are exempt 
from State or local rules that inhibit the flexible operation and 
management of public schools; and
    (ii) The extent to which charter schools in the State have a high 
degree of autonomy, including autonomy over the charter school's 
budget, expenditures, staffing, procurement, and curriculum; and
    (2) The quality of the SEA's plan to ensure that charter schools 
that are considered to be LEAs under State law and LEAs in which 
charter schools are located will comply with sections 613(a)(5) and 
613(e)(1)(B) of IDEA (20 U.S.C. 1400, et seq.), the Age Discrimination 
Act of 1975 (42 U.S.C. 6101, et seq.), title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d, et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681, et seq.), and section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794).
    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 
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. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose special conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a

[[Page 23472]]

financial or other management system that does not meet the standards 
in 2 CFR part 200, subpart D; 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); or we may send you an email containing a link to 
access an electronic version of your 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 multiyear 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.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    4. Performance Measures:
    (a) Program Performance Measures (GPRA Measures). The goal of the 
CSP is to support the creation and development 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 established 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 assessments 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).
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project. Applications 
must provide the following information as directed under 34 CFR 
75.110(b) and (c):
    (1) Performance measures. How each proposed performance measure (as 
defined in this notice) would accurately measure the performance of the 
project and how the proposed performance measure would be consistent 
with the performance measures established for the program funding the 
competition.
    (2) Baseline data. (i) Why each proposed baseline (as defined in 
this notice) is valid; or (ii) If the applicant has determined that 
there are no established baseline data for a particular performance 
measure, an explanation of why there is no established baseline and of 
how and when, during the project period, the applicant would establish 
a valid baseline for the performance measure.
    (3) Performance targets. Why each proposed performance target (as 
defined in this notice) is ambitious (as defined in this notice), yet 
achievable, compared to the baseline for the performance measure and 
when, during the project period, the applicant would meet the 
performance target(s).

    Note: The Secretary encourages applicants to consider developing 
project-specific performance measures and targets tied to their 
grant activities as well as to student academic achievement during 
the grant period. The project-specific performance measures should 
be sufficient to gauge the progress throughout the grant period, 
show results by the end of the grant period, and be included in the 
logic model as outlined in the Application Requirements section of 
this document.

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

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

    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 under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).
    6. Project Director's Meeting: Applicants approved for funding 
under this competition must attend a two-day meeting for project 
directors at a location to be determined in the continental United 
States during each year of the project. Applicants may include the cost 
of attending this meeting in their proposed budgets.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Kathryn Meeley, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202-
5970. Telephone: (202) 453-6818 or by email: [email protected]. If 
you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document

[[Page 23473]]

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.thefederalregister.org/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 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: April 18, 2016.
Nadya Chinoy Dabby,
Assistant Deputy Secretary for Innovation and Improvement.

Appendix: Scoring Allocation Chart

    Peer reviewers will use this scoring allocation chart in 
evaluating an SEA's response and assigning points to each selection 
criterion. The maximum possible score for addressing each criterion 
and its component factors (if applicable) is provided in the chart 
below. The maximum possible total score (based on the selection 
criteria and not including the competitive preference priorities) is 
100 points, except that, for SEAs in States that first enacted a 
charter school law less than five years before the closing date of 
this competition, the maximum possible total score is 85 points 
because, as noted in the notice, the Secretary does not consider 
selection criterion (c) Past Performance in evaluating applications 
from these States.

             CSP Grants for SEAs--FY 2016 Grant Competition
------------------------------------------------------------------------
                                                            Maximum
                                     Maximum  factor       selection
        Selection criteria           points  (up to)   criterion  points
                                                              (max)
------------------------------------------------------------------------
(a) Educationally Disadvantaged                   N/A                 15
 Students.........................
(b) Vision for Growth and                         N/A                 10
 Accountability...................
(b)(1) Support the Creation of
 High-Quality Charter Schools.....
(b)(2) Support the Closure of
 Academically Poor-Performing
 Charter Schools..................
(c) Past Performance (N/A for                     N/A              15/0*
 States with new charter school
 laws)............................
(c)(1) Increase--High-Quality
 Charter Schools..................
(c)(2) Decrease--Academically Poor-
 Performing Charter Schools.......
(d) Project Design................  .................                 20
(d)(1) Process for Awarding                        10  .................
 Subgrants........................
(i) Application and Peer Review
 Process..........................
(ii) Year-by-Year Estimate:.......
    (a) Subgrant Numbers and Award
     Amounts......................
    (b) Quality of Previous Grant
     Applicant Pool...............
(d)(2) Process for Monitoring CSP                  10  .................
 Subgrantees......................
(e) Dissemination of Information    .................                 10
 and Best Practices...............
(e)(1) Serve as a Dissemination                     7  .................
 Leader in the State Using Data to
 Assess Impact....................
(e)(2) Student Discipline and                       3  .................
 School Climate...................
(f) Oversight of Authorized Public  .................                 25
 Chartering Agencies..............
(f)(1) Quality of SEA's Plan to                    20  .................
 Ensure that Authorizers are:.....
(i) Focusing on Racial and Ethnic
 Diversity in Student Bodies......
(ii) Establishing Measureable
 Performance Expectations.........
(iii) Providing Annual Public
 Performance Reports..............
(iv) Supporting Charter School
 Autonomy.........................
(f)(2) Quality of SEA's Plan to                     5  .................
 Ensure that Authorizers are:.....
(i) Seeking and Approving High-
 Quality Charter Schools..........
(ii) Monitoring and Conducting In-
 depth Reviews....................
(iii) Using Data for Renewal and
 Revocation Decisions.............
(iv) Ensuring Accountability
 During Accountability Transition.
(g) Policy Context for Charter                    N/A                  5
 Schools..........................
(g)(1) Degree of Flexibility......
(i) Exempt from State or Local
 Rules............................
(ii) High Degree of Autonomy......
(g)(2) Comply with Federal Law....
                                   -------------------------------------
    Selection Criteria Subtotal...  .................            100/85*
------------------------------------------------------------------------
------------------------------------------------------------------------


[[Page 23474]]


------------------------------------------------------------------------
                                    Factor points (up  Maximum  priority
 Competitive preference priorities         to)            points  (max)
------------------------------------------------------------------------
(1) High-Quality Authorizing and    .................                 15
 Monitoring Processes.............
(1)(a) Multi-tiered clearance or                    5  .................
 review of a charter school.......
(1)(b) Differentiated review of                     5  .................
 charter petitions................
(1)(c) Measure and benchmark                        5  .................
 performance of authorizers.......
(2) One Authorized Public                         N/A                  5
 Chartering Agency Other than a
 Local Educational Agency, or an
 Appeals Process..................
TOTAL POSSIBLE POINTS (selection    .................                120
 criteria points awarded converted
 to a base of 100 + possible 20
 competitive preference priority
 points = max 120 points).........
------------------------------------------------------------------------
* Applicants that are not required to respond to selection criterion C
  Past Performance can receive a maximum of 85 total points for the
  selection criteria.

[FR Doc. 2016-09298 Filed 4-20-16; 8:45 am]
 BILLING CODE 4000-01-P



                                                                                Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                           23463

                                                    Frequency: Once.                                        The purpose of the CSP Grants for                   applicants demonstrating the capacity
                                                    Average Time per Response: 10                         SEAs competition is to enable SEAs to                 to create high-quality charter schools.
                                                  minutes.                                                provide financial assistance, through                    The second goal is to strengthen
                                                    Estimated Total Burden Hours: 3.33                    subgrants to eligible applicants (also                public accountability for authorized
                                                  hours.                                                  referred to as non-SEA eligible                       public chartering agencies (also referred
                                                    Total Burden Cost (Capital/Startup):                  applicants), for the planning, program                to as authorizers) and their charter
                                                  None.                                                   design, and initial implementation of                 schools through rigorous and
                                                    Total Burden Cost (Operating/                         charter schools and for the                           transparent charter school authorization
                                                  Maintenance): None.                                     dissemination of information about                    and oversight processes. For example,
                                                    Dated: April 14, 2016.                                successful charter schools, including                 Absolute Priorities 1 Periodic Review
                                                  Jennifer Bastress Tahmasebi,                            practices that existing charter schools               and Evaluation and 2 Charter School
                                                                                                          have demonstrated are successful.                     Oversight require an applicant to
                                                  Deputy Director, AmeriCorps State and
                                                  National.
                                                                                                                                                                demonstrate that its State implements
                                                                                                          SUPPLEMENTARY INFORMATION:      On                    specific charter school authorization
                                                  [FR Doc. 2016–09198 Filed 4–20–16; 8:45 am]             December 10, 2015, the President signed               and oversight policies to ensure public
                                                  BILLING CODE 6050–28–P                                  into law the Every Student Succeeds                   accountability for charter schools in the
                                                                                                          Act (ESSA), Public Law 114–95, which                  State, including holding authorized
                                                                                                          reauthorized the Elementary and                       public chartering agencies accountable
                                                  DEPARTMENT OF EDUCATION                                 Secondary Education Act of 1965                       for the quality of the charter schools in
                                                                                                          (ESEA), as amended by the No Child                    their portfolios.
                                                  Application for New Awards; Charter                     Left Behind Act of 2001 (NCLB). Under                    The third goal is to support and
                                                  Schools Program (CSP) Grants for                        section 5(c) of the ESSA, CSP grants                  improve academic outcomes for
                                                  State Educational Agencies                              awarded in FY 2016 and earlier years                  educationally disadvantaged students
                                                  AGENCY: Office of Innovation and                        will operate in accordance with the                   through equal access to high-quality
                                                  Improvement, Department of Education.                   requirements of the ESEA, as amended                  charter schools, improved academic
                                                                                                          by NCLB, and any continuation awards                  performance for students at the greatest
                                                  ACTION: Notice.
                                                                                                          applicable to these grants also will                  risk of academic failure, and a concerted
                                                    Overview Information:                                 operate in accordance with such                       effort to increase student-body diversity
                                                    Charter Schools Program (CSP) Grants                  requirements.                                         in charter schools. Diversity—in
                                                  for State Educational Agencies (SEAs)                      The FY 2016 CSP Grants for SEAs                    particular racial, ethnic, and
                                                    Notice inviting applications for new                  competition is similar to the previous                socioeconomic diversity—is a critical
                                                  awards for fiscal year (FY) 2016.                       year’s competition, with a few changes                component of improving outcomes for
                                                  Catalog of Federal Domestic Assistance                  to simplify the application and review                all students, including educationally
                                                  (CFDA) Number: 84.282A.                                 process, consistent with feedback from                disadvantaged students. Accordingly,
                                                                                                          applicants, peer reviewers, and panel                 under selection criterion (f) Oversight of
                                                  DATES:                                                                                                        Authorized Public Chartering Agencies,
                                                    Applications Available: April 21,                     monitors. Notably, the competitive
                                                                                                          preference priorities have been                       reviewers will consider the quality of an
                                                  2016.                                                                                                         applicant’s plan to help ensure that
                                                    Date of Pre-Application Webinar:                      streamlined and the selection criteria
                                                                                                          have been reduced in number and                       authorized public chartering agencies
                                                  April 26, 2016, 2:00 p.m. to 4:00 p.m.,                                                                       approve charter school petitions that
                                                  Washington, DC, time.                                   simplified. In addition, to ensure that
                                                                                                          CSP funds are used efficiently by SEAs                incorporate school models, practices, or
                                                    Deadline for Transmittal of                                                                                 strategies that may be effective in
                                                  Applications: June 1, 2016.                             and their subgrantees, the Department
                                                                                                          has established a maximum amount of                   improving outcomes for educationally
                                                    Deadline for Intergovernmental                                                                              disadvantaged students, including
                                                  Review: July 30, 2016.                                  subgrant funds that an SEA may award
                                                                                                                                                                models, practices, and strategies that
                                                                                                          to a subgrantee for planning, program
                                                  Full Text of Announcement                                                                                     focus on increasing student-body
                                                                                                          design, and initial implementation of a
                                                                                                                                                                diversity. These approaches may
                                                  I. Funding Opportunity Description                      charter school. In developing their
                                                                                                                                                                include, for example, site-location and
                                                     Purpose of Program: The purpose of                   applications, applicants should review
                                                                                                                                                                transportation planning to facilitate
                                                  the CSP is to increase national                         the application package available at
                                                                                                                                                                charter school enrollment of students
                                                  understanding of the charter school                     www.grants.gov for additional
                                                                                                                                                                from different neighborhoods or
                                                  model by—                                               information concerning the priorities,
                                                                                                                                                                communities, targeted recruitment of
                                                     (1) Providing financial assistance for               application requirements, and selection
                                                                                                                                                                high-need student populations to attract
                                                  the planning, program design, and                       criteria for this competition, as well as             diverse pools of applicants to charter
                                                  initial implementation of charter                       more detailed information on the                      schools, weighted admissions lotteries
                                                  schools;                                                application submission process.                       for educationally disadvantaged
                                                     (2) Evaluating the effects of charter                   As in FY 2015, the Department seeks                students to increase student body
                                                  schools, including the effects on                       to achieve three main goals through this              diversity in charter schools, academic
                                                  students, student achievement, student                  competition. The first goal is to ensure              themes and course offerings to attract a
                                                  growth, staff, and parents;                             that CSP funds are directed toward the                diverse group of students, or other
                                                     (3) Expanding the number of high-                    creation of high-quality charter schools.             practices, including evidence-based
                                                  quality charter schools available to                    For example, under selection criterion                practices related to serving
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                                                  students across the Nation; and                         (d) Project Design, reviewers will                    educationally disadvantaged students,
                                                     (4) Encouraging the States to provide                consider how an applicant’s CSP project               such as practices designed to increase
                                                  support to charter schools for facilities               design furthers its overall strategy for              access to rigorous coursework or
                                                  financing in an amount more nearly                      increasing the number of high-quality                 intensive, near-peer mentoring for such
                                                  commensurate to the amount the States                   charter schools in the State, including               students. In addition, the dissemination
                                                  have typically provided for traditional                 how the SEA intends to ensure that                    of best practices related to student
                                                  public schools.                                         subgrants will be awarded to eligible                 discipline and school climate may help


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                                                  23464                         Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                  prevent disproportionate suspensions                    compliance with applicable laws that                  regulations, or other policies in the State
                                                  and expulsions, and increase retention                  govern public school closures generally,              where the applicant is located require
                                                  and academic performance, of                            and requirements for closing out CSP                  the following:
                                                  educationally disadvantaged students                    subgrants properly. The Department                       (a) That each charter school in the
                                                  enrolled in charter schools. Under                      encourages SEAs to develop written                    State—
                                                  selection criterion (e), Dissemination of               procedures and guidelines to assist                      (1) Operates under a legally binding
                                                  Information and Best Practices,                         charter schools that close in addressing              charter or performance contract between
                                                  reviewers will consider the quality of                  various issues, including appropriate                 itself and the school’s authorized public
                                                  the SEA’s plan for disseminating                        disposition of the school’s assets,                   chartering agency that describes the
                                                  information and research on best or                     placement of students in other public                 rights and responsibilities of the school
                                                  promising practices related to student                  schools, the transfer of student records,             and the public chartering agency;
                                                  discipline. Lastly, as part of our                      and protection of students’ personal                     (2) Conducts annual, timely, and
                                                  commitment to transparency and                          information.                                          independent audits of the school’s
                                                  ensuring that charter schools are serving                  Priorities: This notice includes two               financial statements that are filed with
                                                  all students, including our Nation’s                    absolute priorities, two competitive                  the school’s authorized public
                                                  high-need students, we include an                       preference priorities, and one                        chartering agency; and
                                                  invitational priority designed to                       invitational priority. The absolute                      (3) Demonstrates improved student
                                                  encourage applicants to describe how                    priorities and Competitive Preference                 academic achievement; and
                                                  they publicly report student                            Priority 1 are from the notice of final                  (b) That all authorized public
                                                  demographic information for each                        priorities, requirements, definitions, and            chartering agencies in the State use
                                                  charter school in their State, as well as               selection criteria for this program,                  increases in student academic
                                                  how they publicly report comparable                     published in the Federal Register on                  achievement for all groups of students
                                                  demographic information for school                      June 15, 2015 (80 FR 34201) (NFP), and                described in section 1111(b)(2)(C)(v) of
                                                  districts and public schools in the                     Competitive Preference Priority 2 is                  the ESEA (20 U.S.C. 6311(b)(2)(C)(v)) as
                                                  surrounding areas.                                      from section 5202(e) of the ESEA (20                  one of the most important factors when
                                                     Although related, the goal of                        U.S.C. 7221a(e)(3)(B)).                               determining whether to renew or revoke
                                                  increasing student-body diversity                          Absolute Priorities: For FY 2016 and               a school’s charter.
                                                  should not be confused with basic                       any subsequent year in which we make                     Competitive Preference Priorities: For
                                                  compliance requirements related to non-                 awards from the list of unfunded                      FY 2016 and any subsequent year in
                                                  discrimination. We remind applicants of                 applications from this competition,                   which we make awards based on the list
                                                  the need to ensure charter school                       these priorities are absolute priorities.             of unfunded applications from this
                                                  compliance with applicable Federal and                  Under 34 CFR 75.105(c)(3), we consider                competition, these priorities are
                                                  State laws and policies, and expect                     only applications that meet both of the               competitive preference priorities. Under
                                                  grantees to include appropriate                         following absolute priorities.                        34 CFR 75.105(c)(2)(i) we award up to
                                                  oversight in their subgrantee monitoring                   These priorities are:                              an additional 15 points to an
                                                  plans with respect to the following                        Absolute Priority 1—Periodic Review                application depending on how well the
                                                  areas:                                                  and Evaluation                                        application addresses Competitive
                                                     (1) For all charter schools that receive                To meet this priority, the applicant               Preference Priority 1, and an additional
                                                  CSP or other Federal funds, compliance                  must demonstrate that the State                       five points to an application that meets
                                                  with non-discrimination laws, including                 provides for periodic review and                      Competitive Preference Priority 2.
                                                  the Age Discrimination Act of 1975,                     evaluation by the authorized public                   Applications addressing each of these
                                                  Title VI of the Civil Rights Act of 1964,               chartering agency of each charter school              priorities may receive up to a total of 20
                                                  Title IX of the Education Amendments                    at least once every five years, unless                priority points.
                                                  of 1972, Section 504 of the                             required more frequently by State law,                   These priorities are:
                                                  Rehabilitation Act of 1973, Part B of the               and takes steps to ensure that such                      Competitive Preference Priority 1—
                                                  Individuals with Disabilities Act (IDEA),               reviews take place. The review and                    High-Quality Authorizing and
                                                  and applicable State laws;                              evaluation must serve to determine                    Monitoring Processes (Up to 15
                                                     (2) For charter schools that are opened              whether the charter school is meeting                 additional points)
                                                  and operate as single-sex schools,                      the terms of the school’s charter and                    To meet this priority, an applicant
                                                  compliance with applicable                              meeting or exceeding the student                      must demonstrate that all authorized
                                                  nondiscrimination laws, including the                   academic achievement requirements                     public chartering agencies in the State
                                                  Equal Protection Clause of the U.S.                     and goals for charter schools as set forth            use one or more of the following:
                                                  Constitution (as interpreted in United                  in the school’s charter or under State                   (a) Authorizing processes that
                                                  States v. Virginia, 518 U.S. 515 (1996)                 law, a State regulation, or a State policy,           establish clear criteria for evaluating
                                                  and other cases) and Title IX of the                    provided that the student academic                    charter applications and include a
                                                  Education Amendments of 1972 (20                        achievement requirements and goals for                multi-tiered clearance or review of a
                                                  U.S.C. 1681 et seq.) and its                            charter schools established by that                   charter school, including a final review
                                                  implementing regulations, including 34                  policy meet or exceed those set forth                 immediately before the school opens for
                                                  CFR 106.34(c). In addition, with respect                under applicable State law or State                   its first operational year.
                                                  to opening and operating co-educational                 regulation. This periodic review and                     (b) Authorizing processes that include
                                                  charter schools that offer single-sex                   evaluation must include an opportunity                differentiated review of charter petitions
                                                                                                                                                                to assess whether, and the extent to
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  classes or extracurricular activities, the              for the authorized public chartering
                                                  applicant must ensure that charter                      agency to take appropriate action or                  which, the charter school developer has
                                                  schools in its State comply with the                    impose meaningful consequences on the                 been successful (as determined by the
                                                  Title IX regulations at 34 CFR 106.34(b).               charter school, if necessary.                         authorized public chartering agency) in
                                                  Please see the application package for                     Absolute Priority 2—Charter School                 establishing and operating one or more
                                                  further information;                                    Oversight                                             high-quality charter schools.
                                                     (3) For charter schools that are closing                To meet this priority, an application                 (c) Clear and specific standards and
                                                  (whether voluntarily or otherwise),                     must demonstrate that State law,                      formalized processes that measure and


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                                                                                Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                           23465

                                                  benchmark the performance of the                        charter school is eligible to receive and             how the revolving loan fund would
                                                  authorized public chartering agency or                  Federal programs in which the charter                 operate; and
                                                  agencies, including the performance of                  school may participate; and                              (h) Waivers: If an SEA desires the
                                                  its portfolio of charter schools, and                      (ii) Will ensure that each charter                 Secretary to consider waivers under
                                                  provide for the annual dissemination of                 school in the State receives the charter              section 5204(e) of the ESEA (20 U.S.C.
                                                  information on such performance.                        school’s commensurate share of Federal                7221c(e)), include a request and
                                                     Competitive Preference Priority 2—                   education funds that are allocated by                 justification for any waiver of any
                                                  One Authorized Public Chartering                        formula each year, including during the               statutory or regulatory requirement over
                                                  Agency Other Than a Local Educational                   first year of operation of the school.                which the Secretary exercises authority
                                                  Agency, or an Appeals Process (0 or 5                      (c) IDEA Compliance: Describe how                  except any such requirement relating to
                                                  points)                                                 charter schools that are considered to be             the elements of a charter school
                                                     To meet this priority, the applicant                 LEAs under State law, and LEAs in                     described in section 5210(1) of the
                                                  must demonstrate that the State—                        which charter schools are located, will               ESEA.
                                                     (a) Provides for one authorized public               comply with sections 613(a)(5) and                       Definitions:
                                                  chartering agency that is not a local                   613(e)(1)(B) of IDEA (20 U.S.C. 1400, et                 The following definitions are from 34
                                                  educational agency (LEA), such as a                     seq.).                                                CFR 77.1, the NFP, and section 5210 of
                                                  State chartering board, for each                           (d) Logic model: Provide a complete                the CSP authorizing statute (20 U.S.C.
                                                  individual or entity seeking to operate a               logic model (as defined in this notice)               7221i).
                                                  charter school pursuant to State law; or                for the project. The logic model must
                                                                                                                                                                   Academically poor-performing
                                                     (b) In the case of a State in which                  address the role of the grant in
                                                                                                                                                                charter school means—
                                                  LEAs are the only authorized public                     promoting the State-level strategy for
                                                                                                                                                                   (a) A charter school that has been in
                                                  chartering agencies, allows for an                      expanding the number of high-quality
                                                                                                                                                                operation for at least three years and
                                                  appeals process for the denial of an                    charter schools through startup
                                                                                                                                                                that—
                                                  application for a charter school.                       subgrants, optional dissemination
                                                                                                          subgrants, optional revolving loan                       (1) Has been identified as being in the
                                                     Invitational Priority: For FY 2016 and                                                                     lowest-performing five percent of all
                                                  any subsequent year in which we make                    funds, and other strategies.
                                                                                                             (e) Lottery and enrollment                         schools in the State and has failed to
                                                  awards from the list of unfunded                                                                              improve school performance (based on
                                                  applications from this competition, this                preferences: Describe (1) how lotteries
                                                                                                          for admission to charter schools will be              the SEA’s accountability system under
                                                  priority is an invitational priority.                                                                         the ESEA) over the past three years; and
                                                  Under 34 CFR 75.105(c)(1) we do not                     conducted in the State, including any
                                                                                                          student enrollment preferences or                        (2) Has failed to demonstrate student
                                                  give an application that meets this                                                                           academic growth of at least an average
                                                  invitational priority a competitive or                  exemptions from the lottery that charter
                                                                                                          schools are required or expressly                     of one grade level for each cohort of
                                                  absolute preference over other                                                                                students in each of the past three years,
                                                  applications.                                           permitted by the State to employ; and
                                                                                                          (2) any mechanisms that exist for the                 as demonstrated by statewide or other
                                                     This priority is:
                                                                                                          SEA or authorized public chartering                   assessments approved by the authorized
                                                     Public Reporting of Charter School
                                                                                                          agency to review, monitor, or approve                 public chartering agency; or
                                                  Demographics
                                                     The Secretary encourages projects that               such lotteries or student enrollment                     (b) An SEA may use an alternative
                                                  specify how, on an annual basis, the                    preferences or exemptions from the                    definition for academically poor-
                                                  SEA publicly reports, or will publicly                  lottery. In addition, the SEA must                    performing charter school, provided that
                                                  report, on student demographics (e.g.,                  provide an assurance that it will require             the SEA provides (1) the specific
                                                  socioeconomic status, race, ethnicity,                  each applicant for a CSP subgrant to                  definition it proposes to use; and (2) a
                                                  English language learner status, and                    include in its application descriptions               written explanation of how the
                                                  disability status) of each charter school               of its recruitment and admissions                     proposed definition is at least as
                                                  in the State, and how the SEA publicly                  policies and practices, including a                   rigorous as the standard in paragraph
                                                  reports comparable data for school                      description of the proposed lottery and               (a).
                                                  districts and public schools in the                     any enrollment preferences or                            Ambitious means promoting
                                                  surrounding areas.                                      exemptions from the lottery the charter               continued, meaningful improvement for
                                                     Application Requirements:                            school employs or plans to employ, and                program participants or for other
                                                     Applications for funding under the                   how those enrollment preferences or                   individuals or entities affected by the
                                                  CSP Grants for SEAs program must                        exemptions are consistent with State                  grant, or representing a significant
                                                  address the application requirements                    law and the CSP authorizing statute (for              advancement in the field of education
                                                  described below.                                        information related to admissions and                 research, practices, or methodologies.
                                                     These application requirements are                   lotteries under the CSP, please see                   When used to describe a performance
                                                  from sections 5203(b) and 5204(e) and                   section E of the CSP Nonregulatory                    target, whether a performance target is
                                                  (f) of the ESEA (20 U.S.C. 7221b(b),                    Guidance (January 2014) at                            ambitious depends upon the context of
                                                  7221c(e) and (f)), and the NFP. An                      www2.ed.gov/programs/charter/                         the relevant performance measure and
                                                  applicant may choose to respond to the                  nonregulatory-guidance.html).                         the baseline for that measure.
                                                  application requirements in the context                    (f) Objectives: Describe the objectives               Baseline means the starting point
                                                  of its responses to the selection criteria,             of the SEA’s charter school grant                     from which performance is measured
                                                  when applicable.                                        program and how these objectives will                 and targets are set.
                                                                                                                                                                   Developer means an individual or
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                                                     (a) Disseminating best practices:                    be fulfilled, including steps taken by the
                                                  Describe how the SEA will disseminate                   SEA to inform teachers, parents, and                  group of individuals (including a public
                                                  best or promising practices of charter                  communities of the SEA’s charter school               or private nonprofit organization),
                                                  schools to each LEA in the State.                       grant program;                                        which may include teachers,
                                                     (b) Federal funds and programs:                         (g) Revolving loan fund: If an SEA                 administrators and other school staff,
                                                  Describe how the SEA—                                   elects to reserve a portion of its grant              parents, or other members of the local
                                                     (i) Will inform each charter school in               funds (no more than 10 percent) to                    community in which a charter school
                                                  the State regarding Federal funds the                   establish a revolving loan fund, describe             project will be carried out.


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                                                  23466                         Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                     Educationally disadvantaged students                 school, provided that the SEA provides                   Estimated Available Funds:
                                                  means economically disadvantaged                        (1) the specific definition it proposes to             $160,000,000.
                                                  students, students with disabilities,                   use; and (2) a written explanation of                    Estimated Range of Awards:
                                                  migrant students, limited English                       how the proposed definition is at least                $2,000,000 to $42,000,000 per year.
                                                  proficient students (also referred to as                as rigorous as the standard in paragraph                 Estimated Average Size of Awards:
                                                  English learners or English language                    (a).                                                   $10,000,000 per year.
                                                  learners), neglected or delinquent                         Logic model (also referred to as theory               Estimated Number of Awards: 8 to 12.
                                                  students, or homeless students.                         of action) means a well-specified                        Note: The Department is not bound by any
                                                     Eligible applicant means a developer                 conceptual framework that identifies                   estimates in this notice. The estimated range
                                                  that has (a) applied to an authorized                   key components of the proposed                         and average size of awards are based on a
                                                  public chartering authority to operate a                process, product, strategy, or practice                single 12-month budget period.
                                                  charter school; and (b) provided                        (i.e., the active ‘‘ingredients’’ that are
                                                  adequate and timely notice to that                      hypothesized to be critical to achieving                  Project Period: Up to 36 months.
                                                  authority under section 5203(d)(3) of the               the relevant outcomes) and describes                     Note: SEAs may award planning and
                                                  ESEA.                                                   the relationships among the key                        implementation subgrants to eligible
                                                     High-quality charter school means—                   components and outcomes, theoretically                 applicants for a period of up to three years,
                                                     (a) A charter school that shows                      and operationally.                                     no more than 18 months of which may be
                                                  evidence of strong academic results for                                                                        used for planning and program design and no
                                                                                                             Performance measure means any
                                                  the past three years (or over the life of                                                                      more than two years of which may be used
                                                                                                          quantitative indicator, statistic, or                  for the initial implementation of a charter
                                                  the school, if the school has been open                 metric used to gauge program or project                school. SEAs may award dissemination
                                                  for fewer than three years), based on the               performance.                                           subgrants to eligible charter schools for a
                                                  following factors:                                         Performance target means a level of                 period of up to two years.
                                                     (1) Increased student academic                       performance that an applicant would
                                                  achievement and attainment (including,                                                                           Maximum Award: There is no
                                                                                                          seek to meet during the course of a
                                                  if applicable and available, high school                                                                       maximum award amount for this
                                                                                                          project or as a result of a project.
                                                  graduation rates and college and other                                                                         competition. See Reasonable and
                                                                                                             Relevant outcome means the student
                                                  postsecondary education enrollment                                                                             Necessary Costs in section III.3.(a)
                                                                                                          outcome(s) (or the ultimate outcome if
                                                  rates) for all students, including, as                                                                         below, however, for information
                                                                                                          not related to students), the proposed
                                                  applicable, educationally disadvantaged                                                                        regarding the maximum amount of
                                                                                                          process, product, strategy, or practice is
                                                  students served by the charter school;                                                                         funds that SEAs may award for each
                                                                                                          designed to improve; consistent with
                                                     (2) Either—                                                                                                 planning, program design, and initial
                                                                                                          the specific goals of a program.
                                                     (i) Demonstrated success in closing                                                                         implementation subgrant.
                                                                                                             Significant compliance issue means a
                                                  historic achievement gaps for the                       violation that did, will, or could (if not             III. Eligibility Information
                                                  subgroups of students described in                      addressed or if it represents a pattern of
                                                  section 1111(b)(2)(C)(v)(II) of the ESEA                                                                         1. Eligible Applicants: SEAs in States
                                                                                                          repeated misconduct or material non-                   with a State statute specifically
                                                  (20 U.S.C. 6311(b)(2)(C)(v)(II)) at the                 compliance) lead to the revocation of a
                                                  charter school; or                                                                                             authorizing the establishment of charter
                                                                                                          school’s charter by the authorizer.                    schools.
                                                     (ii) No significant achievement gaps
                                                  between any of the subgroups of                           Program Authority: The CSP is authorized                Note: Non-SEA eligible applicants in States
                                                  students described in section                           under Title V, Part B, Subpart 1 of the ESEA           in which the SEA elects not to participate in
                                                  1111(b)(2)(C)(v)(II) of the ESEA (20                    (20 U.S.C. 7221–7221j); and the Consolidated           or does not have an application approved
                                                                                                          Appropriations Act, 2016, Pub. L. 114–113              under the CSP may apply for funding directly
                                                  U.S.C. 6311) at the charter school and                  (FY 2016 Appropriations Act).
                                                  significant gains in student academic                                                                          from the Department. The Department plans
                                                  achievement for all populations of                        Applicable Regulations: (a) The                      to announce two separate competitions for
                                                                                                          Education Department General                           CSP grants to non-SEA eligible applicants
                                                  students served by the charter school;                                                                         later in the year, under CFDA numbers
                                                     (3) Results (including, if applicable                Administrative Regulations (EDGAR) in
                                                                                                                                                                 84.282B (Non-SEA Planning, Program
                                                  and available, performance on statewide                 34 CFR parts 75, 76, 77, 79, 81, 82, 84,               Design, and Initial Implementation grants)
                                                  tests, annual student attendance and                    86, 97, 98, and 99. (b) The Office of                  and 84.282C (Non-SEA Dissemination
                                                  retention rates, high school graduation                 Management and Budget Guidelines to                    grants). Additional information about the
                                                  rates, college and other postsecondary                  Agencies on Governmentwide                             competitions for non-SEA eligible applicants
                                                  education attendance rates, and college                 Debarment and Suspension                               is available at http://innovation.ed.gov/what-
                                                  and other postsecondary education                       (Nonprocurement) in 2 CFR part 180, as                 we-do/charter-schools/charter-schools-
                                                  persistence rates) for low-income and                   adopted and amended as regulations of                  program-non-state-educational-agencies-non-
                                                  other educationally disadvantaged                       the Department in 2 CFR part 3485. (c)                 sea-planning-program-design-and-initial-
                                                                                                          The Uniform Administrative                             implementation-grant.
                                                  students served by the charter school
                                                  that are above the average academic                     Requirements, Cost Principles, and                       2. Cost Sharing or Matching: This
                                                  achievement results for such students in                Audit Requirements for Federal Awards                  program does not require cost sharing or
                                                  the State;                                              in 2 CFR part 200, as adopted and                      matching.
                                                     (4) Results on a performance                         amended in 2 CFR 3474. (d) The NFP.                      3. Other:
                                                  framework established by the State or                     Note: The regulations in 34 CFR part 79                (a) Reasonable and Necessary Costs:
                                                  authorized public chartering agency for                 apply to all applicants except federally               The Secretary may elect to impose
                                                                                                                                                                 maximum limits on the amount of
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                                                  the purpose of evaluating charter school                recognized Indian tribes.
                                                  quality; and                                                                                                   subgrant funds that an SEA may award
                                                     (5) No significant compliance issues,                  Note: The regulations in 34 CFR part 86              to an eligible entity.
                                                  particularly in the areas of student                    apply only to institutions of higher                     For CSP grants awarded under this
                                                  safety, financial management, and                       education.                                             competition, the maximum amount of
                                                  equitable treatment of students; or                                                                            subgrant funds that an SEA may award
                                                     (b) An SEA may use an alternative                    II. Award Information                                  to an eligible entity for planning,
                                                  definition for high-quality charter                           Type of Award: Discretionary grant.              program design, and initial


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                                                                                Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                            23467

                                                  implementation of a single charter                         • A ‘‘page’’ is 8.5″ x 11″, on one side            in connection with the application
                                                  school is $800,000.                                     only, with 1″ margins at the top, bottom,             process should contact the person listed
                                                    (b) Other CSP Grants: A charter                       and both sides.                                       under FOR FURTHER INFORMATION
                                                  school that receives or has received CSP                   • Double space (no more than three                 CONTACT in section VII of this notice. If
                                                  funds for planning, program design, or                  lines per vertical inch) all text in the              the Department provides an
                                                  initial implementation under section                    application narrative, including titles,              accommodation or auxiliary aid to an
                                                  5202(c)(2) of the ESEA (CFDA No.                        headings, footnotes, quotations,                      individual with a disability in
                                                  84.282B), or for the replication or                     references, and captions, as well as all              connection with the application
                                                  expansion of a high-quality charter                     text in charts, tables, figures, and                  process, the individual’s application
                                                  school under one of the Department’s                    graphs.                                               remains subject to all other
                                                  Appropriations Acts 1 (CFDA No.                            • Use a font that is either 12 point or            requirements and limitations in this
                                                  84.282M), is not eligible to receive                    larger or no smaller than 10 pitch                    notice.
                                                  subgrant funds from an SEA under this                   (characters per inch).                                   Deadline for Intergovernmental
                                                  program for the same or a substantially                    • Use one of the following fonts:                  Review: July 30, 2016.
                                                  similar purpose.                                        Times New Roman, Courier, Courier                        4. Intergovernmental Review: This
                                                     Likewise, a charter school that                      New, or Arial. An application submitted               competition is subject to Executive
                                                  receives or has received subgrant funds                 in any other font (including Times                    Order 12372 and the regulations in 34
                                                  from an SEA under this program is                       Roman or Arial Narrow) will not be                    CFR part 79. Information about
                                                  ineligible to receive other CSP funds for               accepted.                                             Intergovernmental Review of Federal
                                                  the same or a substantially similar                        The page limit does not apply to Part              Programs under Executive Order 12372
                                                  purpose under section 5202(c)(2) of the                 I, the cover sheet; Part II, the budget               is in the application package for this
                                                  ESEA, including for planning, program                   section, including the narrative budget               program.
                                                  design, or the initial implementation of                justification; Part IV, the assurances and               5. Funding Restrictions: Grant funds
                                                  a charter school (CFDA No. 84.282B), or                 certifications; or the one-page abstract,             must be used to carry out allowable
                                                  for the replication or expansion of a                   the resumes, the bibliography, or the                 activities, as described in section 5204(f)
                                                  high-quality charter school (CFDA No.                   letters of support. However, the page                 of the ESEA (20 U.S.C. 7221c(f)). The
                                                  84.282M) under one of the Department’s                  limit does apply to all of the application            following funding restrictions apply to
                                                  Appropriations Acts.                                    narrative section (Part III).                         this competition:
                                                                                                             3. Submission Dates and Times:                        Planning and Implementation
                                                  IV. Application and Submission                             Applications Available: April 21,                  Subgrants: An eligible applicant
                                                  Information                                             2016.                                                 receiving a subgrant under this program
                                                     1. Address To Request Application                       Date of Pre-Application Webinar: The               may use the subgrant funds only for—
                                                  Package: Kathryn Meeley, U.S.                           Department will hold a pre-application                   (a) Post-award planning and design of
                                                  Department of Education, 400 Maryland                   Webinar for prospective applicants from               the educational program, which may
                                                  Avenue SW., Room 4W257,                                 2:00 p.m.–4:00 p.m. on April 26, 2016.                include (i) refinement of the desired
                                                  Washington, DC 20202–5970.                                 Individuals interested in participating            educational results and of the methods
                                                  Telephone: (202) 453–6818 or by email:                  in this Webinar are encouraged to pre-                for measuring progress toward achieving
                                                  Kathryn.Meeley@ed.gov.                                  register through our Web site at                      those results; and (ii) professional
                                                     If you use a telecommunications                      (https://educateevents.webex.com/                     development of teachers and other staff
                                                  device for the deaf (TDD) or a text                     educateevents/onstage/                                who will work in the charter school;
                                                  telephone (TTY), call the Federal Relay                 g.php?d=743947188&t=a). There is no                   and
                                                  Service (FRS), toll free, at 1–800–877–                 registration fee for participating in this               (b) Initial implementation of the
                                                  8339.                                                   Webinar.                                              charter school, which may include (i)
                                                     Individuals with disabilities can                       For further information about the pre-             informing the community about the
                                                  obtain a copy of the application package                application Webinar, contact Kathryn                  school; (ii) acquiring necessary
                                                  in an accessible format (e.g., braille,                 Meeley, U.S. Department of Education,                 equipment and educational materials
                                                  large print, audiotape, or compact disc)                400 Maryland Avenue SW., Room                         and supplies; (iii) acquiring or
                                                  by contacting the program contact                       4W257, Washington, DC 20202–5970.                     developing curriculum materials; and
                                                  person listed in this section.                          Telephone: (202) 453–6818 or by email:                (iv) other initial operational costs that
                                                     2. Content and Form of Application                   Kathryn.Meeley@ed.gov.                                cannot be met from State or local
                                                  Submission: Requirements concerning                        Deadline for Transmittal of                        sources. (20 U.S.C. 7221c(f)(3))
                                                  the content of an application, together                 Applications: June 1, 2016.                              The FY 2016 Appropriations Act
                                                  with the forms you must submit, are in                     Applications for grants under this                 authorizes the use of CSP funds ‘‘for
                                                  the application package for this                        competition must be submitted                         grants that support preschool education
                                                  competition.                                            electronically using the Grants.gov                   in charter schools.’’ Accordingly, an
                                                     Page Limit: The application narrative                Apply site (Grants.gov). For information              application submitted under this
                                                  (Part III of the application) is where you,             (including dates and times) about how                 competition may propose to use CSP
                                                  the applicant, address the selection                    to submit your application                            funds to support preschool education in
                                                  criteria that reviewers use to evaluate                 electronically, or in paper format by                 charter schools. For information on the
                                                  your application. We recommend that                     mail or hand delivery if you qualify for              use of CSP funds to support preschool
                                                  you limit the application narrative (Part               an exception to the electronic                        education in charter schools, see
                                                  III) to no more than 60 pages, using the
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                                                                                                          submission requirement, please refer to               ‘‘Guidance on the Use of Funds to
                                                  following standards:                                    section IV. 7. Other Submission                       Support Preschool Education’’ at
                                                                                                          Requirements of this notice.                          www2.ed.gov/programs/charter/
                                                    1 Beginning with the Consolidated
                                                                                                             We do not consider an application                  csppreschoolfaqs.doc.
                                                  Appropriations Act, 2010, Public Law 111–117,           that does not comply with the deadline                   Dissemination Subgrants: An SEA
                                                  each of the Department’s appropriations acts
                                                  through the FY 2016 Appropriations Act has              requirements.                                         may reserve not more than 10 percent of
                                                  authorized the Secretary to award grants for the           Individuals with disabilities who                  its grant funds to make subgrants to
                                                  replication and expansion of charter schools.           need an accommodation or auxiliary aid                eligible charter schools to carry out


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                                                  23468                         Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                  dissemination activities. A charter                     Government’s primary registrant                       competition must be submitted
                                                  school may use dissemination subgrant                   database;                                             electronically unless you qualify for an
                                                  funds to assist other schools in adapting                  c. Provide your DUNS number and                    exception to this requirement in
                                                  the charter school’s program (or certain                TIN on your application; and                          accordance with the instructions in this
                                                  aspects of the charter school’s program)                   d. Maintain an active SAM                          section.
                                                  or to disseminate information about the                 registration with current information
                                                                                                                                                                a. Electronic Submission of
                                                  charter school through such activities                  while your application is under review
                                                                                                                                                                Applications
                                                  as—                                                     by the Department and, if you are
                                                    (a) Assisting other individuals with                  awarded a grant, during the project                      Applications for grants under the CSP
                                                  the planning and start-up of one or more                period.                                               Grants for SEAs competition, CFDA
                                                  new public schools, including charter                      You can obtain a DUNS number from                  number 84.282A, must be submitted
                                                  schools, that are independent of the                    Dun and Bradstreet at the following                   electronically using the
                                                  assisting charter school and the assisting              Web site: http://fedgov.dnb.com/                      Governmentwide Grants.gov Apply site
                                                  charter school’s developers and that                    webform. A DUNS number can be                         at www.Grants.gov. Through this site,
                                                  agree to be held to at least as high a level            created within one to two business days.              you will be able to download a copy of
                                                  of accountability as the assisting charter                 If you are a corporate entity, agency,             the application package, complete it
                                                  school;                                                 institution, or organization, you can                 offline, and then upload and submit
                                                    (b) Developing partnerships with                      obtain a TIN from the Internal Revenue                your application. You may not email an
                                                  other public schools, including charter                 Service. If you are an individual, you                electronic copy of a grant application to
                                                  schools, designed to improve student                    can obtain a TIN from the Internal                    us.
                                                  academic achievement in each of the                     Revenue Service or the Social Security                   We will reject your application if you
                                                  schools participating in the partnership;               Administration. If you need a new TIN,                submit it in paper format unless, as
                                                    (c) Developing curriculum materials,                  please allow two to five weeks for your               described elsewhere in this section, you
                                                  assessments, and other materials that                   TIN to become active.                                 qualify for one of the exceptions to the
                                                  promote increased student achievement                      The SAM registration process can take              electronic submission requirement and
                                                  and are based on successful practices                   approximately seven business days, but                submit, no later than two weeks before
                                                  within the assisting charter school; and                may take upwards of several weeks,                    the application deadline date, a written
                                                    (d) Conducting evaluations and                        depending on the completeness and                     statement to the Department that you
                                                  developing materials that document the                  accuracy of the data you enter into the               qualify for one of these exceptions.
                                                  successful practices of the assisting                   SAM database. Thus, if you think you                  Further information regarding
                                                  charter school and that are designed to                 might want to apply for Federal                       calculation of the date that is two weeks
                                                  improve student achievement.                            financial assistance under a program                  before the application deadline date is
                                                    Award Basis. In determining whether                   administered by the Department, please                provided later in this section under
                                                  to approve a grant award and the                        allow sufficient time to obtain and                   Exception to Electronic Submission
                                                  amount of such award, the Department                    register your DUNS number and TIN.                    Requirement.
                                                  will consider, among other things, the                  We strongly recommend that you                           You may access the electronic grant
                                                  amount of any unobligated carryover                     register early.                                       application for CSP Grants for SEAs
                                                  funds the applicant has under an                                                                              competition at www.Grants.gov. You
                                                  existing CSP grant and the applicant’s                     Note: Once your SAM registration is active,        must search for the downloadable
                                                                                                          it may be 24 to 48 hours before you can               application package for this competition
                                                  performance and use of funds under a
                                                                                                          access the information in, and submit an
                                                  previous or existing award under any                    application through, Grants.gov.
                                                                                                                                                                by the CFDA number. Do not include
                                                  Department program (34 CFR                                                                                    the CFDA number’s alpha suffix in your
                                                  75.217(d)(3)(ii) and 75.233(b)). In                       If you are currently registered with                search (e.g., search for 84.282, not
                                                  assessing the applicant’s performance                   SAM, you may not need to make any                     84.282A).
                                                  and use of funds under a previous or                    changes. However, please make certain                    Please note the following:
                                                  existing award, the Secretary will                      that the TIN associated with your DUNS                   • When you enter the Grants.gov site,
                                                  consider, among other things, the                       number is correct. Also note that you                 you will find information about
                                                  outcomes the applicant has achieved                     will need to update your registration                 submitting an application electronically
                                                  and the results of any Departmental                     annually. This may take three or more                 through the site, as well as the hours of
                                                  grant monitoring, including the                         business days.                                        operation.
                                                  applicant’s progress in remedying any                     Information about SAM is available at                  • Applications received by Grants.gov
                                                  deficiencies identified in such                         www.SAM.gov. To further assist you                    are date and time stamped. Your
                                                  monitoring.                                             with obtaining and registering your                   application must be fully uploaded and
                                                    We reference additional regulations                   DUNS number and TIN in SAM or                         submitted and must be date and time
                                                  outlining funding restrictions in the                   updating your existing SAM account,                   stamped by the Grants.gov system no
                                                  Applicable Regulations section of this                  we have prepared a SAM.gov Tip Sheet,                 later than 4:30:00 p.m., Washington, DC
                                                  notice.                                                 which you can find at: www2.ed.gov/                   time, on the application deadline date.
                                                    6. Data Universal Numbering System                    fund/grant/apply/sam-faqs.html.                       Except as otherwise noted in this
                                                  Number, Taxpayer Identification                           In addition, if you are submitting your             section, we will not accept your
                                                  Number, and System for Award                            application via Grants.gov, you must (1)              application if it is received—that is, date
                                                  Management: To do business with the                     be designated by your organization as an              and time stamped by the Grants.gov
                                                                                                          Authorized Organization Representative                system—after 4:30:00 p.m., Washington,
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                                                  Department of Education, you must—
                                                    a. Have a Data Universal Numbering                    (AOR); and (2) register yourself with                 DC time, on the application deadline
                                                  System (DUNS) number and a Taxpayer                     Grants.gov as an AOR. Details on these                date. We do not consider an application
                                                  Identification Number (TIN);                            steps are outlined at the following                   that does not comply with the deadline
                                                    b. Register both your DUNS number                     Grants.gov Web page: www.grants.gov/                  requirements. When we retrieve your
                                                  and TIN with the System for Award                       web/grants/register.html.                             application from Grants.gov, we will
                                                  Management (SAM) (formerly the                            7. Other Submission Requirements.                   notify you if we are rejecting your
                                                  Central Contractor Registry), the                       Applications for grants under this                    application because it was date and time


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                                                                                Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                              23469

                                                  stamped by the Grants.gov system after                     • Your electronic application must                 following the mailing instructions
                                                  4:30:00 p.m., Washington, DC time, on                   comply with any page-limit                            described elsewhere in this notice.
                                                  the application deadline date.                          requirements described in this notice.                   If you submit an application after
                                                    • The amount of time it can take to                      • After you electronically submit                  4:30:00 p.m., Washington, DC time, on
                                                  upload an application will vary                         your application, you will receive from               the application deadline date, please
                                                  depending on a variety of factors,                      Grants.gov an automatic notification of               contact the person listed under FOR
                                                  including the size of the application and               receipt that contains a Grants.gov                    FURTHER INFORMATION CONTACT in
                                                  the speed of your Internet connection.                  tracking number. This notification                    section VII of this notice and provide an
                                                  Therefore, we strongly recommend that                   indicates receipt by Grants.gov only, not             explanation of the technical problem
                                                  you do not wait until the application                   receipt by the Department. Grants.gov                 you experienced with Grants.gov, along
                                                  deadline date to begin the submission                   will also notify you automatically by                 with the Grants.gov Support Desk Case
                                                  process through Grants.gov.                             email if your application met all the                 Number. We will accept your
                                                    • You should review and follow the                    Grants.gov validation requirements or if              application if we can confirm that a
                                                  Education Submission Procedures for                     there were any errors (such as                        technical problem occurred with the
                                                  submitting an application through                       submission of your application by                     Grants.gov system and that the problem
                                                  Grants.gov that are included in the                     someone other than a registered                       affected your ability to submit your
                                                  application package for this competition                Authorized Organization                               application by 4:30:00 p.m.,
                                                  to ensure that you submit your                          Representative, or inclusion of an                    Washington, DC time, on the
                                                  application in a timely manner to the                   attachment with a file name that                      application deadline date. We will
                                                  Grants.gov system. You can also find the                contains special characters). You will be             contact you after we determine whether
                                                  Education Submission Procedures                         given an opportunity to correct any                   your application will be accepted.
                                                  pertaining to Grants.gov under News                     errors and resubmit, but you must still
                                                                                                          meet the deadline for submission of                      Note: The extensions to which we refer in
                                                  and Events on the Department’s G5                                                                             this section apply only to the unavailability
                                                  system home page at www.G5.gov. In                      applications.                                         of, or technical problems with, the Grants.gov
                                                                                                             Once your application is successfully
                                                  addition, for specific guidance and                                                                           system. We will not grant you an extension
                                                                                                          validated by Grants.gov, the Department               if you failed to fully register to submit your
                                                  procedures for submitting an
                                                                                                          will retrieve your application from                   application to Grants.gov before the
                                                  application through Grants.gov, please
                                                                                                          Grants.gov and send you an email with                 application deadline date and time or if the
                                                  refer to the Grants.gov Web site at:
                                                                                                          a unique PR/Award number for your                     technical problem you experienced is
                                                  www.grants.gov/web/grants/applicants/
                                                                                                          application.                                          unrelated to the Grants.gov system.
                                                  apply-for-grants.html.                                     These emails do not mean that your
                                                    • You will not receive additional                     application is without any disqualifying
                                                                                                                                                                   Exception to Electronic Submission
                                                  point value because you submit your                                                                           Requirement: You qualify for an
                                                                                                          errors. While your application may have
                                                  application in electronic format, nor                                                                         exception to the electronic submission
                                                                                                          been successfully validated by
                                                  will we penalize you if you qualify for                                                                       requirement, and may submit your
                                                                                                          Grants.gov, it must also meet the
                                                  an exception to the electronic                                                                                application in paper format, if you are
                                                                                                          Department’s application requirements
                                                  submission requirement, as described                    as specified in this notice and in the                unable to submit an application through
                                                  elsewhere in this section, and submit                   application instructions. Disqualifying               the Grants.gov system because—
                                                  your application in paper format.                       errors could include, for instance,                      • You do not have access to the
                                                    • You must submit all documents                       failure to upload attachments in a read-              Internet; or
                                                  electronically, including all information               only, non-modifiable PDF; failure to                     • You do not have the capacity to
                                                  you typically provide on the following                  submit a required part of the                         upload large documents to the
                                                  forms: The Application for Federal                      application; or failure to meet applicant             Grants.gov system;
                                                  Assistance (SF 424), the Department of                  eligibility requirements. It is your                  and
                                                  Education Supplemental Information for                  responsibility to ensure that your                       • No later than two weeks before the
                                                  SF 424, Budget Information—Non-                         submitted application has met all of the              application deadline date (14 calendar
                                                  Construction Programs (ED 524), and all                 Department’s requirements.                            days or, if the fourteenth calendar day
                                                  necessary assurances and certifications.                   • We may request that you provide us               before the application deadline date
                                                    • You must upload any narrative                       original signatures on forms at a later               falls on a Federal holiday, the next
                                                  sections and all other attachments to                   date.                                                 business day following the Federal
                                                  your application as files in a read-only,                  Application Deadline Date Extension                holiday), you mail or fax a written
                                                  non-modifiable Portable Document                        in Case of Technical Issues With the                  statement to the Department, explaining
                                                  Format (PDF). Do not upload an                          Grants.gov System: If you are                         which of the two grounds for an
                                                  interactive or fillable PDF file. If you                experiencing problems submitting your                 exception prevents you from using the
                                                  upload a file type other than a read-                   application through Grants.gov, please                Internet to submit your application.
                                                  only, non-modifiable PDF (e.g., Word,                   contact the Grants.gov Support Desk,                     If you mail your written statement to
                                                  Excel, WordPerfect, etc.) or submit a                   toll free, at 1–800–518–4726. You must                the Department, it must be postmarked
                                                  password-protected file, we will not                    obtain a Grants.gov Support Desk Case                 no later than two weeks before the
                                                  review that material. Please note that                  Number and must keep a record of it. If               application deadline date. If you fax
                                                  this could result in your application not               you are prevented from electronically                 your written statement to the
                                                  being considered for funding because                    submitting your application on the                    Department, we must receive the faxed
                                                  the material in question—for example,                   application deadline date because of                  statement no later than two weeks
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  the project narrative—is critical to a                  technical problems with the Grants.gov                before the application deadline date.
                                                  meaningful review of your proposal. For                 system, we will grant you an extension                   Address and mail or fax your
                                                  that reason, it is important to allow                   until 4:30:00 p.m., Washington, DC                    statement to: Kathryn Meeley, U.S.
                                                  yourself adequate time to upload all                    time, the following business day to                   Department of Education, 400 Maryland
                                                  material as PDF files. The Department                   enable you to transmit your application               Avenue SW., Room 4W257,
                                                  will not convert material from other                    electronically or by hand delivery. You               Washington, DC 20202–5970. FAX:
                                                  formats to PDF.                                         also may mail your application by                     (202) 205–5630.


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                                                  23470                         Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                    Your paper application must be                           Note for Mail or Hand Delivery of                  (including key actions) to support the
                                                  submitted in accordance with the mail                   Paper Applications: If you mail or hand               creation of high-quality charter schools
                                                  or hand-delivery instructions described                 deliver your application to the                       during the project period, including a
                                                  in this notice.                                         Department—                                           reasonable estimate of the number of
                                                                                                             (1) You must indicate on the envelope              high-quality charter schools in the State
                                                  b. Submission of Paper Applications by                                                                        at both the beginning and the end of the
                                                                                                          and—if not provided by the
                                                  Mail                                                                                                          project period; and
                                                                                                          Department—in Item 11 of the SF 424
                                                    If you qualify for an exception to the                the CFDA number, including suffix                        (2) The ambitiousness, quality of
                                                  electronic submission requirement, you                  letter, if any, of the competition under              vision, and feasibility of the SEA’s plan
                                                  may mail (through the U.S. Postal                       which you are submitting your                         (including key actions) to support the
                                                  Service or a commercial carrier) your                   application; and                                      closure of academically poor-
                                                  application to the Department. You                         (2) The Application Control Center                 performing charter schools in the State
                                                  must mail the original and two copies                   will mail to you a notification of receipt            (i.e., through revocation, non-renewal,
                                                  of your application, on or before the                   of your grant application. If you do not              or voluntary termination of a charter)
                                                  application deadline date, to the                       receive this notification within 15                   during the project period.
                                                  Department at the following address:                    business days from the application                       (c) Past Performance. (NFP) The
                                                  U.S. Department of Education,                           deadline date, you should call the U.S.               Secretary considers the past
                                                  Application Control Center, Attention:                  Department of Education Application                   performance of charter schools in a
                                                  CFDA Number 84.282A, LBJ Basement                       Control Center at (202) 245–6288.                     State that enacted a charter school law
                                                  Level 1, 400 Maryland Avenue SW.,                                                                             for the first time five or more years
                                                                                                          V. Application Review Information                     before submission of its application. In
                                                  Washington, DC 20202–4260.
                                                    You must show proof of mailing                          1. Selection Criteria: The selection                determining the past performance of
                                                  consisting of one of the following:                     criteria for this program are from the                charter schools in such a State, the
                                                    (1) A legibly dated U.S. Postal Service               NFP, section 5204(a) of the ESEA (20                  Secretary considers the following
                                                  postmark.                                               U.S.C. 7221c), and 34 CFR 75.210. Peer                factors:
                                                    (2) A legible mail receipt with the                   reviewers will use the Scoring                           (1) The extent to which there has been
                                                  date of mailing stamped by the U.S.                     Allocation Chart in the Appendix to this              a demonstrated increase, for each of the
                                                  Postal Service.                                         notice in evaluating an SEA’s response                past five years, in the number and
                                                    (3) A dated shipping label, invoice, or               and assigning points to each selection                percentage of high-quality charter
                                                  receipt from a commercial carrier.                      criterion. The maximum possible score                 schools (as defined in this notice) in the
                                                    (4) Any other proof of mailing                        for addressing each criterion and its                 State; and
                                                  acceptable to the Secretary of the U.S.                 component factors (if applicable) is                     (2) The extent to which there has been
                                                  Department of Education.                                provided in the Appendix.                             a demonstrated reduction, for each of
                                                    If you mail your application through                                                                        the past five years, in the number and
                                                                                                            Note: The Secretary does not consider
                                                  the U.S. Postal Service, we do not                                                                            percentage of academically poor-
                                                                                                          selection criterion (c) Past Performance in
                                                  accept either of the following as proof                 evaluating the application submitted by an            performing charter schools (as defined
                                                  of mailing:                                             SEA in a State that enacted a charter school          in this notice) in the State.
                                                                                                          law for the first time less than five years              (d) Project Design. (NFP) The
                                                    (1) A private metered postmark.
                                                                                                          before the closing date of this competition.          Secretary considers the quality of the
                                                    (2) A mail receipt that is not dated by
                                                                                                          Accordingly, such an SEA should not                   design of the SEA’s charter school
                                                  the U.S. Postal Service.
                                                                                                          address this criterion in its application. To         subgrant program, including the extent
                                                    Note: The U.S. Postal Service does not                enable the Secretary to determine whether to          to which the project design furthers the
                                                  uniformly provide a dated postmark. Before              consider criterion (c), an SEA should provide         SEA’s overall strategy for increasing the
                                                  relying on this method, you should check                in its application the date that its State first      number of high-quality charter schools
                                                  with your local post office.                            enacted a charter school law and relevant
                                                                                                                                                                in the State and improving student
                                                    We will not consider applications                     supporting documentation.
                                                                                                                                                                academic achievement. In determining
                                                  postmarked after the application                          In evaluating an application, the                   the quality of the project design, the
                                                  deadline date.                                          Secretary considers the following                     Secretary considers the following
                                                                                                          selection criteria:                                   factors:
                                                  c. Submission of Paper Applications by                    (a) Educationally Disadvantaged
                                                  Hand Delivery                                                                                                    (1) The quality of the SEA’s process
                                                                                                          Students. (20 U.S.C. 7221c) The                       for awarding subgrants for planning,
                                                    If you qualify for an exception to the                Secretary considers the contribution                  program design, and initial
                                                  electronic submission requirement, you                  that the charter schools grant program                implementation and, if applicable, for
                                                  (or a courier service) may deliver your                 will make to assisting educationally                  dissemination, including—
                                                  paper application to the Department by                  disadvantaged and other students in                      (i) The subgrant application and peer
                                                  hand. You must deliver the original and                 meeting State academic content                        review process, timelines for these
                                                  two copies of your application by hand,                 standards and State student academic                  processes, and how the SEA intends to
                                                  on or before the application deadline                   achievement standards.                                ensure that subgrants will be awarded to
                                                  date, to the Department at the following                  (b) Vision for Growth and                           eligible applicants demonstrating the
                                                  address: U.S. Department of Education,                  Accountability. (NFP) The Secretary                   capacity to create high-quality charter
                                                  Application Control Center, Attention:                  determines the quality of the statewide               schools; and
                                                  CFDA Number 84.282A, 550 12th Street                    vision, including the role of the SEA, for               (ii) A reasonable year-by-year
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  SW., Room 7039, Potomac Center Plaza,                   charter school growth and                             estimate, with supporting evidence, of
                                                  Washington, DC 20202–4260.                              accountability. In determining the                    (a) the number of subgrants the SEA
                                                    The Application Control Center                        quality of the statewide vision, the                  expects to award during the project
                                                  accepts hand deliveries daily between                   Secretary considers the following                     period and the average size of those
                                                  8:00 a.m. and 4:30:00 p.m., Washington,                 factors:                                              subgrants, including an explanation of
                                                  DC time, except Saturdays, Sundays,                       (1) The ambitiousness, quality of                   any assumptions upon which the
                                                  and Federal holidays.                                   vision, and feasibility of the SEA’s plan             estimates are based; and (b) if the SEA


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                                                                                Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                             23471

                                                  has previously received a CSP grant, the                disadvantaged students, consistent with               policy context for charter schools under
                                                  percentage of eligible applicants that                  applicable law;                                       the proposed project. In determining the
                                                  were awarded subgrants and how this                        (ii) Establishing measureable                      policy context for charter schools under
                                                  percentage related to the overall quality               academic and operational performance                  the proposed project, the Secretary
                                                  of the applicant pool.                                  expectations for all charter schools                  considers the following factors:
                                                    (2) The process for monitoring CSP                    (including alternative charter schools,                  (1) The degree of flexibility afforded
                                                  subgrantees.                                            virtual charter schools, and charter                  to charter schools under the State’s
                                                    (e) Dissemination of Information and                  schools that include pre-kindergarten, if             charter school law, including—
                                                  Best Practices. (NFP) The Secretary                     such schools exist in the State) that are                (i) The extent to which charter
                                                  considers the quality of the SEA’s plan                 consistent with the definition of high-               schools in the State are exempt from
                                                  to disseminate information about                        quality charter school as defined in this             State or local rules that inhibit the
                                                  charter schools and best or promising                   notice;                                               flexible operation and management of
                                                  practices of successful charter schools to                 (iii) Providing, on an annual basis,               public schools; and
                                                  each LEA in the State as well as to                     public reports on the performance of                     (ii) The extent to which charter
                                                  charter schools, other public schools,                  their portfolios of charter schools,                  schools in the State have a high degree
                                                  and charter school developers (20 U.S.C.                including the performance of each                     of autonomy, including autonomy over
                                                  7221b(b)(2)(C) and 7221(c)(f)(6)). If an                individual charter school with respect                the charter school’s budget,
                                                                                                          to meeting the terms of, and                          expenditures, staffing, procurement, and
                                                  SEA proposes to use a portion of its
                                                                                                          expectations set forth in, the school’s               curriculum; and
                                                  grant funds for dissemination subgrants
                                                                                                          charter or performance contract; and                     (2) The quality of the SEA’s plan to
                                                  under section 5204(f)(6)(B) of the ESEA                                                                       ensure that charter schools that are
                                                  (20 U.S.C. 7221c(f)(6)(B)), the SEA                        (iv) Supporting charter school
                                                                                                          autonomy while holding charter schools                considered to be LEAs under State law
                                                  should incorporate these subgrants into                                                                       and LEAs in which charter schools are
                                                  the overall plan for dissemination. In                  accountable for results and meeting the
                                                                                                          terms of their charters or performance                located will comply with sections
                                                  determining the quality of the SEA’s                                                                          613(a)(5) and 613(e)(1)(B) of IDEA (20
                                                  plan to disseminate information about                   contracts.
                                                                                                             (2) The Secretary considers the                    U.S.C. 1400, et seq.), the Age
                                                  charter schools and best or promising                                                                         Discrimination Act of 1975 (42 U.S.C.
                                                                                                          quality of the SEA’s plan (including any
                                                  practices of successful charter schools,                                                                      6101, et seq.), title VI of the Civil Rights
                                                                                                          use of grant administrative or other
                                                  the Secretary considers the following                                                                         Act of 1964 (42 U.S.C. 2000d, et seq.),
                                                                                                          funds) to monitor, evaluate, assist, and
                                                  factors:                                                                                                      title IX of the Education Amendments of
                                                                                                          hold accountable authorized public
                                                    (1) The extent to which the SEA will                                                                        1972 (20 U.S.C. 1681, et seq.), and
                                                                                                          chartering agencies. In determining the
                                                  serve as a leader in the State for                                                                            section 504 of the Rehabilitation Act of
                                                                                                          quality of the SEA’s plan to provide
                                                  identifying and disseminating                                                                                 1973 (29 U.S.C. 794).
                                                                                                          oversight to authorized public
                                                  information and research (which may                                                                              2. Review and Selection Process: We
                                                                                                          chartering agencies, the Secretary
                                                  include, but is not limited to, providing                                                                     remind potential applicants that in
                                                                                                          considers how well the SEA’s plan will
                                                  technical assistance) about best or                                                                           reviewing applications in any
                                                                                                          ensure that authorized public chartering
                                                  promising practices in successful                                                                             discretionary grant competition, the
                                                                                                          agencies are—
                                                  charter schools, including how the SEA                     (i) Seeking and approving charter                  Secretary may consider, under 34 CFR
                                                  will use measures of efficacy and data                  school petitions from developers that                 75.217(d)(3), the past performance of the
                                                  in identifying such practices and                       have the capacity to create charter                   applicant in carrying out a previous
                                                  assessing the impact of its                             schools that can become high-quality                  award, such as the applicant’s use of
                                                  dissemination activities.                               charter schools;                                      funds, achievement of project
                                                    (2) The quality of the SEA’s plan for                    (ii) Monitoring their charter schools              objectives, and compliance with grant
                                                  disseminating information and research                  on at least an annual basis, including                conditions. The Secretary may also
                                                  on best or promising practices in charter               conducting an in-depth review of each                 consider whether the applicant failed to
                                                  schools related to student discipline and               charter school at least once every five               submit a timely performance report or
                                                  school climate.                                         years, to ensure that charter schools are             submitted a report of unacceptable
                                                    (f) Oversight of Authorized Public                    meeting the terms of their charter or                 quality.
                                                  Chartering Agencies. (NFP)                              performance contracts and complying                      In addition, in making a competitive
                                                    (1) The Secretary considers the                       with applicable State and Federal laws;               grant award, the Secretary requires
                                                  quality of the SEA’s plan (including any                   (iii) Using increases in student                   various assurances including those
                                                  use of grant administrative or other                    academic achievement as one of the                    applicable to Federal civil rights laws
                                                  funds) to monitor, evaluate, assist, and                most important factors in renewal                     that prohibit discrimination in programs
                                                  hold accountable authorized public                      decisions; basing renewal decisions on                or activities receiving Federal financial
                                                  chartering agencies. In determining the                 a comprehensive set of criteria, which                assistance from the Department of
                                                  quality of the SEA’s plan to provide                    are set forth in the charter or                       Education (34 CFR 100.4, 104.5, 106.4,
                                                  oversight to authorized public                          performance contract; and revoking, not               108.8, and 110.23).
                                                  chartering agencies, the Secretary                      renewing, or encouraging the voluntary                   3. Risk Assessment and Special
                                                  considers how well the SEA’s plan will                  termination of charters held by                       Conditions: Consistent with 2 CFR
                                                  ensure that authorized public chartering                academically poor-performing charter                  200.205, before awarding grants under
                                                  agencies are—                                           schools; and                                          this competition the Department
                                                    (i) Approving charter school petitions                                                                      conducts a review of the risks posed by
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                             (iv) Ensuring the continued
                                                  with design elements that incorporate                   accountability of charter schools during              applicants. Under 2 CFR 3474.10, the
                                                  evidence-based school models and                        any transition to new State assessments               Secretary may impose special
                                                  practices, including, but not limited to,               or accountability systems, including                  conditions and, in appropriate
                                                  school models and practices that focus                  those based on college- and career-ready              circumstances, high-risk conditions on a
                                                  on racial and ethnic diversity in student               standards.                                            grant if the applicant or grantee is not
                                                  bodies and diversity in student bodies                     (g) Policy Context for Charter Schools.            financially stable; has a history of
                                                  with respect to educationally                           (NFP) The Secretary considers the                     unsatisfactory performance; has a


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                                                  23472                         Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                  financial or other management system                    rules that inhibit flexible operation, are              (4) Data Collection. The applicant
                                                  that does not meet the standards in 2                   held accountable for enabling students                must also describe in the application: (i)
                                                  CFR part 200, subpart D; has not                        to reach challenging State performance                The data collection and reporting
                                                  fulfilled the conditions of a prior grant;              standards, and are open to all students.              methods the applicant would use and
                                                  or is otherwise not responsible.                        The Secretary has established two                     why those methods are likely to yield
                                                                                                          performance indicators to measure                     reliable, valid, and meaningful
                                                  VI. Award Administration Information                                                                          performance data, and (ii) the
                                                                                                          progress towards this goal: (1) The
                                                     1. Award Notices: If your application                number of charter schools in operation                applicant’s capacity to collect and
                                                  is successful, we notify your U.S.                      around the Nation, and (2) the                        report reliable, valid, and meaningful
                                                  Representative and U.S. Senators and                    percentage of fourth- and eighth-grade                performance data, as evidenced by high-
                                                  send you a Grant Award Notification                     charter school students who are                       quality data collection, analysis, and
                                                  (GAN); or we may send you an email                      achieving at or above the proficient                  reporting in other projects or research.
                                                  containing a link to access an electronic               level on State assessments in                           Note: If the applicant does not have
                                                  version of your GAN. We may notify                      mathematics and reading/language arts.                experience with collection and reporting of
                                                  you informally, also.                                   Additionally, the Secretary has                       performance data through other projects or
                                                     If your application is not evaluated or              established the following measure to                  research, the applicant should provide other
                                                  not selected for funding, we notify you.                examine the efficiency of the CSP:                    evidence of capacity to successfully carry out
                                                     2. Administrative and National Policy                                                                      data collection and reporting for their
                                                                                                          Federal cost per student in
                                                  Requirements: We identify                                                                                     proposed project.
                                                                                                          implementing a successful school
                                                  administrative and national policy                      (defined as a school in operation for                    All grantees must submit an annual
                                                  requirements in the application package                 three or more consecutive years).                     performance report with information
                                                  and reference these and other                                                                                 that is responsive to these performance
                                                  requirements in the Applicable                            (b) Project-Specific Performance
                                                                                                                                                                measures.
                                                  Regulations section of this notice.                     Measures. Applicants must propose                        5. Continuation Awards: In making a
                                                     We reference the regulations outlining               project-specific performance measures                 continuation award under 34 CFR
                                                  the terms and conditions of an award in                 and performance targets consistent with               75.253, the Secretary considers, among
                                                  the Applicable Regulations section of                   the objectives of the proposed project.               other things: Whether a grantee has
                                                  this notice and include these and other                 Applications must provide the                         made substantial progress in achieving
                                                  specific conditions in the GAN. The                     following information as directed under               the goals and objectives of the project;
                                                  GAN also incorporates your approved                     34 CFR 75.110(b) and (c):                             whether the grantee has expended funds
                                                  application as part of your binding                       (1) Performance measures. How each                  in a manner that is consistent with its
                                                  commitments under the grant.                            proposed performance measure (as                      approved application and budget; and,
                                                     3. Reporting: (a) If you apply for a                 defined in this notice) would accurately              if the Secretary has established
                                                  grant under this competition, you must                  measure the performance of the project                performance measurement
                                                  ensure that you have in place the                       and how the proposed performance                      requirements, the performance targets
                                                  necessary processes and systems to                      measure would be consistent with the                  in the grantee’s approved application.
                                                  comply with the reporting requirements                  performance measures established for                     In making a continuation award, the
                                                  in 2 CFR part 170 should you receive                    the program funding the competition.                  Secretary also considers whether the
                                                  funding under the competition. This                       (2) Baseline data. (i) Why each                     grantee is operating in compliance with
                                                  does not apply if you have an exception                 proposed baseline (as defined in this                 the assurances in its approved
                                                  under 2 CFR 170.110(b).                                 notice) is valid; or (ii) If the applicant            application, including those applicable
                                                     (b) At the end of your project period,               has determined that there are no                      to Federal civil rights laws that prohibit
                                                  you must submit a final performance                     established baseline data for a particular            discrimination in programs or activities
                                                  report, including financial information,                performance measure, an explanation of                receiving Federal financial assistance
                                                  as directed by the Secretary. If you                    why there is no established baseline and              from the Department (34 CFR 100.4,
                                                  receive a multiyear award, you must                     of how and when, during the project                   104.5, 106.4, 108.8, and 110.23).
                                                  submit an annual performance report                     period, the applicant would establish a                  6. Project Director’s Meeting:
                                                  that provides the most current                          valid baseline for the performance                    Applicants approved for funding under
                                                  performance and financial expenditure                   measure.                                              this competition must attend a two-day
                                                  information as directed by the Secretary                                                                      meeting for project directors at a
                                                  under 34 CFR 75.118. The Secretary                        (3) Performance targets. Why each                   location to be determined in the
                                                  may also require more frequent                          proposed performance target (as defined               continental United States during each
                                                  performance reports under 34 CFR                        in this notice) is ambitious (as defined              year of the project. Applicants may
                                                  75.720(c). For specific requirements on                 in this notice), yet achievable, compared             include the cost of attending this
                                                  reporting, please go to www.ed.gov/                     to the baseline for the performance                   meeting in their proposed budgets.
                                                  fund/grant/apply/appforms/                              measure and when, during the project
                                                                                                          period, the applicant would meet the                  VII. Agency Contact
                                                  appforms.html.
                                                     (c) Under 34 CFR 75.250(b), the                      performance target(s).                                FOR FURTHER INFORMATION CONTACT:
                                                  Secretary may provide a grantee with                      Note: The Secretary encourages applicants           Kathryn Meeley, U.S. Department of
                                                  additional funding for data collection                  to consider developing project-specific               Education, 400 Maryland Avenue SW.,
                                                  analysis and reporting. In this case the                performance measures and targets tied to              Room 4W257, Washington, DC 20202–
                                                                                                          their grant activities as well as to student
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Secretary establishes a data collection                                                                       5970. Telephone: (202) 453–6818 or by
                                                                                                          academic achievement during the grant
                                                  period.                                                                                                       email: Kathryn.Meeley@ed.gov. If you
                                                                                                          period. The project-specific performance
                                                     4. Performance Measures:                             measures should be sufficient to gauge the            use a TDD or a TTY, call the FRS, toll
                                                     (a) Program Performance Measures                     progress throughout the grant period, show            free, at 1–800–877–8339.
                                                  (GPRA Measures). The goal of the CSP                    results by the end of the grant period, and be
                                                  is to support the creation and                                                                                VIII. Other Information
                                                                                                          included in the logic model as outlined in the
                                                  development of high-quality charter                     Application Requirements section of this                Accessible Format: Individuals with
                                                  schools that are free from State or local               document.                                             disabilities can obtain this document


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                                                                                          Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices                                                                                                23473

                                                  and a copy of the application package in                                 Adobe Acrobat Reader, which is                                            response and assigning points to each
                                                  an accessible format (e.g., braille, large                               available free at the site.                                               selection criterion. The maximum possible
                                                  print, audiotape, or compact disc) on                                                                                                              score for addressing each criterion and its
                                                                                                                             You may also access documents of the
                                                  request to the program contact person                                                                                                              component factors (if applicable) is provided
                                                                                                                           Department published in the Federal
                                                  listed under FOR FURTHER INFORMATION                                                                                                               in the chart below. The maximum possible
                                                                                                                           Register by using the article search
                                                  CONTACT in section VII of this notice.                                                                                                             total score (based on the selection criteria
                                                                                                                           feature at: www.federalregister.gov.
                                                     Electronic Access to This Document:                                                                                                             and not including the competitive preference
                                                                                                                           Specifically, through the advanced                                        priorities) is 100 points, except that, for SEAs
                                                  The official version of this document is
                                                                                                                           search feature at this site, you can limit                                in States that first enacted a charter school
                                                  the document published in the Federal
                                                                                                                           your search to documents published by                                     law less than five years before the closing
                                                  Register. Free Internet access to the
                                                                                                                           the Department.                                                           date of this competition, the maximum
                                                  official edition of the Federal Register
                                                  and the Code of Federal Regulations is                                     Dated: April 18, 2016.                                                  possible total score is 85 points because, as
                                                  available via the Federal Digital System                                 Nadya Chinoy Dabby,                                                       noted in the notice, the Secretary does not
                                                  at: www.gpo.gov/fdsys. At this site you                                  Assistant Deputy Secretary for Innovation and                             consider selection criterion (c) Past
                                                  can view this document, as well as all                                   Improvement.                                                              Performance in evaluating applications from
                                                  other documents of this Department                                                                                                                 these States.
                                                  published in the Federal Register, in                                    Appendix: Scoring Allocation Chart
                                                  text or Portable Document Format                                            Peer reviewers will use this scoring
                                                  (PDF). To use PDF you must have                                          allocation chart in evaluating an SEA’s

                                                                                                          CSP GRANTS FOR SEAS—FY 2016 GRANT COMPETITION
                                                                                                                                                                                                                                                        Maximum
                                                                                                                                                                                                                      Maximum                           selection
                                                                                                                  Selection criteria                                                                                factor points                       criterion
                                                                                                                                                                                                                       (up to)                           points
                                                                                                                                                                                                                                                         (max)

                                                  (a) Educationally Disadvantaged Students .................................................................................................                                            N/A                               15
                                                  (b) Vision for Growth and Accountability .....................................................................................................
                                                  (b)(1) Support the Creation of High-Quality Charter Schools .....................................................................
                                                  (b)(2) Support the Closure of Academically Poor-Performing Charter Schools .........................................                                                                 N/A                                10
                                                  (c) Past Performance (N/A for States with new charter school laws) ........................................................
                                                  (c)(1) Increase—High-Quality Charter Schools ...........................................................................................
                                                  (c)(2) Decrease—Academically Poor-Performing Charter Schools ............................................................                                                             N/A                            15/0*
                                                  (d) Project Design ........................................................................................................................................   ..............................                             20
                                                  (d)(1) Process for Awarding Subgrants .......................................................................................................                                           10     ..............................
                                                  (i) Application and Peer Review Process.
                                                  (ii) Year-by-Year Estimate:.
                                                         (a) Subgrant Numbers and Award Amounts.
                                                         (b) Quality of Previous Grant Applicant Pool.
                                                  (d)(2) Process for Monitoring CSP Subgrantees ........................................................................................                                                  10     ..............................
                                                  (e) Dissemination of Information and Best Practices ..................................................................................                        ..............................                             10
                                                  (e)(1) Serve as a Dissemination Leader in the State Using Data to Assess Impact .................................                                                                         7    ..............................
                                                  (e)(2) Student Discipline and School Climate .............................................................................................                                                3    ..............................
                                                  (f) Oversight of Authorized Public Chartering Agencies .............................................................................                          ..............................                             25
                                                  (f)(1) Quality of SEA’s Plan to Ensure that Authorizers are: ......................................................................
                                                  (i) Focusing on Racial and Ethnic Diversity in Student Bodies ..................................................................
                                                  (ii) Establishing Measureable Performance Expectations ...........................................................................
                                                  (iii) Providing Annual Public Performance Reports .....................................................................................
                                                  (iv) Supporting Charter School Autonomy ...................................................................................................                                            20      ..............................
                                                  (f)(2) Quality of SEA’s Plan to Ensure that Authorizers are: ......................................................................
                                                  (i) Seeking and Approving High-Quality Charter Schools ...........................................................................
                                                  (ii) Monitoring and Conducting In-depth Reviews .......................................................................................
                                                  (iii) Using Data for Renewal and Revocation Decisions .............................................................................
                                                  (iv) Ensuring Accountability During Accountability Transition .....................................................................                                                      5     ..............................
                                                  (g) Policy Context for Charter Schools ........................................................................................................
                                                  (g)(1) Degree of Flexibility ...........................................................................................................................
                                                  (i) Exempt from State or Local Rules ..........................................................................................................
                                                  (ii) High Degree of Autonomy ......................................................................................................................
                                                  (g)(2) Comply with Federal Law ..................................................................................................................                                    N/A                                  5

                                                        Selection Criteria Subtotal ....................................................................................................................                                                          100/85*
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                                                  23474                                    Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices

                                                                                                                                                                                                                                                           Maximum
                                                                                                                                                                                                                       Factor points                        priority
                                                                                                        Competitive preference priorities                                                                                 (up to)                           points
                                                                                                                                                                                                                                                            (max)

                                                  (1) High-Quality Authorizing and Monitoring Processes .............................................................................                              ..............................                             15
                                                  (1)(a) Multi-tiered clearance or review of a charter school .........................................................................                                                        5    ..............................
                                                  (1)(b) Differentiated review of charter petitions ...........................................................................................                                                5    ..............................
                                                  (1)(c) Measure and benchmark performance of authorizers ......................................................................                                                               5    ..............................
                                                  (2) One Authorized Public Chartering Agency Other than a Local Educational Agency, or an Appeals
                                                    Process ....................................................................................................................................................                           N/A                                 5
                                                  TOTAL POSSIBLE POINTS (selection criteria points awarded converted to a base of 100 + possible
                                                    20 competitive preference priority points = max 120 points) ..................................................................                                 ..............................                           120
                                                     * Applicants that are not required to respond to selection criterion C Past Performance can receive a maximum of 85 total points for the selec-
                                                  tion criteria.


                                                  [FR Doc. 2016–09298 Filed 4–20–16; 8:45 am]                                number of high-quality literacy and                                        your search to documents published by
                                                  BILLING CODE 4000–01–P                                                     book distribution projects to ensure that                                  the Department.
                                                                                                                             no less than 50 percent of IAL funds go                                      Dated: April 18, 2016.
                                                                                                                             to applications from LEAs (on behalf of                                    Ann Whalen,
                                                  DEPARTMENT OF EDUCATION                                                    school libraries) for high-quality school                                  Senior Advisor to the Secretary Delegated
                                                                                                                             library projects that increase access to a                                 the Duties of Assistant Secretary for
                                                  Applications for New Awards;                                               wide range of literacy resources (either                                   Elementary and Secondary Education.
                                                  Innovative Approaches to Literacy                                          print or electronic) and provide learning                                  [FR Doc. 2016–09287 Filed 4–20–16; 8:45 am]
                                                  Program; Supplemental Notice                                               opportunities for all students.                                            BILLING CODE 4000–01–P
                                                  AGENCY:  Office of Elementary and                                             Program Authority: Sections 5411–
                                                  Secondary Education, Department of                                         5413 of the Elementary and Secondary
                                                  Education.                                                                 Education Act of 1965, as amended by                                       DEPARTMENT OF ENERGY
                                                  ACTION: Supplemental notice inviting
                                                                                                                             the No Child Left Behind Act of 2001;
                                                  applications.                                                              title III of Division H of Public Law 114–                                 Federal Energy Regulatory
                                                                                                                             113, the Consolidated Appropriations                                       Commission
                                                  Catalog of Federal Domestic Assistance                                     Act, 2016.
                                                                                                                                                                                                        [Docket No. RP16–618–000]
                                                  (CFDA) Number: 84.215G                                                     FOR FURTHER INFORMATION CONTACT: Beth
                                                  SUMMARY:   On April 7, 2016, the Office                                    Yeh, U.S. Department of Education, 400                                     Algonquin Gas Transmission, LLC;
                                                  of Elementary and Secondary Education                                      Maryland Avenue SW., Room 3E332,                                           Notice of Technical Conference
                                                  of the U.S. Department of Education                                        Washington, DC 20202–6200.
                                                                                                                             Telephone: (202) 205–5798 or by email:                                        Take notice that a technical
                                                  published in the Federal Register (81
                                                                                                                             beth.yeh@ed.gov.                                                           conference will be held in this
                                                  FR 20376) a notice inviting applications
                                                                                                                                If you use a TDD or a TTY, call the                                     proceeding on Monday, May 9, 2016,
                                                  for new awards for fiscal year (FY) 2016
                                                                                                                             FRS, toll free, at 1–800–877–8339.                                         beginning at 10:00 a.m. and ending at
                                                  for the Innovative Approaches to
                                                                                                                                                                                                        approximately 3:30 p.m., at the Federal
                                                  Literacy (IAL) program. This                                                  Accessible Format: Individuals with
                                                                                                                                                                                                        Energy Regulatory Commission, 888
                                                  supplemental notice clarifies that,                                        disabilities can obtain this document
                                                                                                                                                                                                        First Street NE., Washington, DC 20426.
                                                  consistent with Congressional intent                                       and a copy of the application package in
                                                                                                                                                                                                        All interested parties are invited to
                                                  and the prior notices inviting                                             an accessible format (e.g., braille, large
                                                                                                                                                                                                        attend the conference. Commission
                                                  applications for the IAL program, the                                      print, audiotape, or compact disc) on
                                                                                                                                                                                                        members may participate in the
                                                  Secretary reserves the right to award at                                   request to the program contact person
                                                                                                                                                                                                        conference.
                                                  least 50 percent of available IAL funds                                    listed under FOR FURTHER INFORMATION                                          The purpose of the technical
                                                  to local educational agencies (LEAs) that                                  CONTACT of this notice.
                                                                                                                                                                                                        conference is to examine the issues
                                                  submit high-quality applications (on                                          Electronic Access to This Document:                                     raised in the protests and comments
                                                  behalf of school libraries) for high-                                      The official version of this document is                                   regarding the February 19, 2016 filing
                                                  quality school library projects that                                       the document published in the Federal                                      made by Algonquin Gas Transmission,
                                                  increase access to a wide range of                                         Register. Free Internet access to the                                      LLC (Algonquin). In that filing,
                                                  literacy resources (either print or                                        official edition of the Federal Register                                   Algonquin proposed to exempt from the
                                                  electronic) and provide learning                                           and the Code of Federal Regulations is                                     capacity release bidding requirements
                                                  opportunities for all students. This                                       available via the Federal Digital System                                   certain types of capacity releases of firm
                                                  notice provides clarification and does                                     at: www.gpo.gov/fdsys. At this site you                                    transportation by electric distribution
                                                  not change any portion of the April 7,                                     can view this document, as well as all                                     companies that are participating in
                                                  2016 notice inviting applications.                                         other documents of this Department                                         state-regulated electric reliability
                                                     Deadline for Transmittal of                                             published in the Federal Register, in                                      programs.1 Issues to be examined at the
                                                  Applications: May 9, 2016.                                                 text or PDF. To use PDF you must have                                      technical conference include concerns
                                                  SUPPLEMENTARY INFORMATION: We are                                          Adobe Acrobat Reader, which is
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                                                                                                        raised regarding the basis and need for
                                                  clarifying that, in accordance with the                                    available free at the site.                                                the waiver.
                                                  Senate report that accompanied the                                            You may also access documents of the                                       Those interested in speaking at the
                                                  Consolidated Appropriations Act, 2016                                      Department published in the Federal                                        technical conference should notify the
                                                  (S. Rep. No. 114–74, at 170 (2015)) and                                    Register by using the article search                                       Commission by April 25, 2016 by
                                                  the prior notices inviting applications                                    feature at: www.federalregister.gov.
                                                  for the IAL program, the Secretary                                         Specifically, through the advanced                                           1 Algonquin Gas Transmission, LLC, 154 FERC ¶

                                                  reserves the right to fund a sufficient                                    search feature at this site, you can limit                                 61,269 (2016).



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Document Created: 2016-04-21 01:17:29
Document Modified: 2016-04-21 01:17:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesApplications Available: April 21, 2016.
ContactKathryn Meeley, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W257, Washington, DC 20202- 5970. Telephone: (202) 453-6818 or by email: [email protected] If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
FR Citation81 FR 23463 

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