82 FR 4322 - Application for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4322-4332
FR Document2017-00748

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4322-4332]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00748]


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DEPARTMENT OF EDUCATION


Application for New Awards; Expanding Opportunity Through Quality 
Charter Schools Program (CSP)--Grants to Charter Management 
Organizations for the Replication and Expansion of High-Quality Charter 
Schools

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

ACTION: Notice.

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    Overview Information:

CSP--Grants to Charter Management Organizations for the Replication and 
Expansion of High-Quality Charter Schools

    Notice inviting applications for new awards for fiscal year (FY) 
2017.

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

DATES: 
    Applications Available: January 13, 2017.
    Date of Pre-Application Webinar: Tuesday, January 24, 2017, 1:00 
p.m., Washington, DC time.
    Deadline for Transmittal of Applications: February 27, 2017.
    Deadline for Intergovernmental Review: April 28, 2017.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The major purposes of the CSP are to expand 
opportunities for all students, particularly traditionally underserved 
students, to attend charter schools and meet challenging State academic 
standards; provide financial assistance for the planning, program 
design, and initial implementation of public charter schools; increase 
the number of high-quality charter schools available to students across 
the United States; evaluate the impact of charter schools on student 
achievement, families, and communities; share best practices between 
charter schools and other public schools; encourage States to provide 
facilities support to charter schools; and support efforts to 
strengthen the charter school authorizing process. Through CSP Grants 
to Charter Management Organizations for the Replication and Expansion 
of High-Quality Charter Schools (CFDA number 84.282M) (also referred to 
as Charter Management Organization, or CMO, grants), the Department 
provides funds to charter management organizations (CMOs) \1\ on a 
competitive basis to enable them to replicate or expand one or more 
high-quality charter schools. Grant funds may be used to expand the 
enrollment of one or more existing high-quality charter schools, or to 
replicate one or more new charter schools that are based on an 
existing, high-quality charter school model.
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    \1\ Italicized terms are defined in the Definitions section of 
this notice.
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Background

     The CMO grant program is intended to support high-quality charter 
schools that are operated by high-performing CMOs seeking to broaden 
and increase their impact on student achievement. Since FY 2010, the 
Department has awarded new CMO grants each year (except in FY 2013),\2\ 
which has resulted in a portfolio of high-quality CMOs using Federal 
funds to replicate and expand their successful charter school models to 
serve greater numbers of students, particularly educationally 
disadvantaged students.
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    \2\ From FY 2010 through FY 2016, the Department's authority to 
use CSP funds to award grants to CMOs and other eligible entities 
for the replication and expansion of high-quality charter schools 
was provided through annual appropriations acts.
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    In December 2015, the CMO grant program was reauthorized under the 
Elementary and Secondary Education Act of 1965 (ESEA), as amended by 
the Every Student Succeeds Act of 2015 (ESSA) (20 U.S.C. 7221-7221j). 
This notice contains newly authorized priorities, definitions, 
application requirements, and selection criteria from the ESEA (as 
amended by the ESSA), as well as other priorities, definitions, 
application requirements, and selection criteria, to ensure that the 
Department's CMO grant portfolio continues to consist of high-quality 
charter schools operated by high-performing CMOs that are improving 
academic outcomes for all students, particularly educationally 
disadvantaged students. In particular, we continue to use the same 
absolute priority from previous competitions for serving a large 
percentage of low-income students. In addition, we include selection 
criteria that emphasize the applicant's success in operating more than 
one high-quality charter school and serving educationally disadvantaged 
students, and we continue to include a competitive preference priority 
for applicants that have not previously received funding under this 
program.
    For FY 2017, we are establishing three competitive preference 
priorities. The first competitive preference priority is from the newly 
amended program statute, with a few minor changes to clarify the 
Department's goals.
    Competitive Preference Priority 1--Promoting Diversity gives 
priority to applicants that plan to use CSP funds to operate or manage 
charter schools intentionally designed to be racially and 
socioeconomically diverse. An applicant addressing this priority is 
invited to discuss how the proposed design of its project will 
encourage approaches by charter schools that help bring together 
students of different backgrounds, including students from different 
racial and socioeconomic backgrounds, to attain the benefits that

[[Page 4323]]

flow from a diverse student body. The applicant should ensure that 
those approaches are permissible under current law, including 
applicable civil rights laws.\3\
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    \3\ For information about how applicants can lawfully promote 
student body diversity, see the Department's December 2, 2011 
``Guidance on the Voluntary Use of Race to Achieve Diversity and 
Avoid Racial Isolation in Elementary and Secondary Schools,'' 
available at http://www2.ed.gov/ocr/docs/guidance-ese-201111.pdf.
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    The second competitive preference priority, School Improvement, 
focuses on applicants that have shown past success in turning around 
academically poor-performing schools and plan to use CMO grant funds to 
turn around academically poor-performing schools during the grant 
project period. Accordingly, this priority is intended both to reward 
and provide new incentives to high-performing CMOs for engaging in the 
difficult task of turning around our Nation's struggling public 
schools.
    The third competitive preference priority is for novice applicants. 
In order to ensure that the CMO grant program is supporting a wide 
range of organizations, this priority provides additional points to 
applicants that have neither received a CSP Replication and Expansion 
of High-Quality Charter Schools \4\ grant--either individually or as 
part of a group--at any point in the past nor received a discretionary 
grant from the Federal government in the previous five years.
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    \4\ The name of the competition in this notice has changed from 
previous years; from FY 2010 through FY 2016, the Department had the 
authority to make CMO grants under the Grants for Replication and 
Expansion of High-Quality Charter Schools competition.
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    This competition also includes an invitational priority that 
encourages applicants to conduct rigorous evaluations of practices 
within their charter schools that will, if well implemented, produce 
evidence that meets What Works Clearinghouse (WWC) Evidence Standards. 
The Department is committed both to increasing the number of schools 
that implement practices that are based on evidence and to building 
evidence of the effectiveness of a range of educational practices in 
order to identify educational practices that other schools or school 
systems can adopt to improve outcomes for their students (e.g., 
educator induction practices or positive behavioral interventions and 
supports). In addition, building and utilizing evidence of the 
effectiveness of various educational approaches is a key feature of the 
reauthorized program under the ESEA, as amended by the ESSA.
    All charter schools receiving CSP funds, as outlined in section 
4310(2)(G) of the ESEA (as amended by the ESSA), must comply with 
various 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, the Americans with Disabilities Act of 1990, section 444 of the 
General Education Provisions Act (GEPA), and part B of the Individuals 
with Disabilities Education Act (IDEA).
    Priorities: This notice includes one absolute priority, three 
competitive preference priorities, and one invitational priority. We 
are establishing these priorities for the FY 2017 grant competition and 
any subsequent year in which we make awards from the list of unfunded 
applications from this competition, in accordance with section 
437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1).
    Absolute Priority: This priority is an absolute priority. Under 34 
CFR 75.105(c)(3), we consider only applications that meet this 
priority.
    This priority is: Absolute Priority--Low-Income Demographic.
    To meet this priority, an applicant must demonstrate that at least 
60 percent of the students across all of the charter schools the 
applicant currently operates or manages are individuals from low-income 
families.
    Competitive Preference Priorities: These priorities are competitive 
preference priorities. Under 34 CFR 75.105(c)(2)(i), we will award an 
additional three points to an application that meets Competitive 
Preference Priority 1, an additional five points to an application that 
meets Competitive Preference Priority 2, and an additional two points 
to an application that meets Competitive Preference Priority 3. The 
maximum total competitive preference priority points an application can 
receive for this competition is 10.
    These priorities are:
    Competitive Preference Priority 1--Promoting Diversity. (0 or 3 
points).
    This priority is for projects that will provide for the replication 
or expansion of high-quality charter schools that have an intentional 
focus on recruiting and retaining racially and socioeconomically 
diverse student bodies (see Section 4305(b)(5)(A) of the ESEA, as 
amended by the ESSA).

    Note:  For information on permissible ways to meet this 
priority, please refer to the joint guidance issued by the 
Department's Office for Civil Rights and the U.S. Department of 
Justice entitled, ``Guidance on the Voluntary Use of Race to Achieve 
Diversity and Avoid Racial Isolation in Elementary and Secondary 
Schools'' (www2.ed.gov/about/offices/list/ocr/docs/guidance-ese-201111.pdf).

    Competitive Preference Priority 2--School Improvement through 
Turnaround Efforts. (0 or 5 points).
    This priority is for applicants that both:
    (a) Demonstrate past success in improving the academic performance 
of one or more academically poor-performing public schools by taking 
over the operation of the school or restarting the school as a charter 
school; and
    (b) Propose to use CMO funds to restart as a charter school one or 
more academically poor-performing public schools during the project 
period, to do so by replicating a successful charter school model for 
which the applicant has provided evidence of success, and to do so by 
targeting a similar student population in the replicated charter school 
as was served by the academically poor-performing public school. In 
accordance with section 4310(2)(B) of the ESEA, as amended by the ESSA, 
students who are enrolled in the academically poor-performing public 
school at the time of restart are exempt from the charter school's 
lottery.
    For purposes of this priority, academically poor-performing public 
schools may include, but are not limited to, persistently lowest-
achieving schools, as defined in this notice and the final requirements 
for the School Improvement Grants (SIG) program under Title I of the 
ESEA (https://www.federalregister.gov/articles/2015/02/09/2015-02570/final-requirements-school-improvement-grants-title-i-of-the-elementary-and-secondary-education-act); and priority schools in States that 
exercised flexibility \5\ under the ESEA, as amended by the No Child 
Left Behind Act of 2001 (NCLB) (see the Department's June 7, 2012 
guidance entitled, ``ESEA Flexibility,'' at www.ed.gov/esea/flexibility, and the Office of Elementary and Secondary Education's 
December 18, 2015 Dear Colleague Letter at https://www2.ed.gov/policy/elsec/leg/essa/transition-dcl.pdf).
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    \5\ As of August 1, 2016, States may no longer exercise 
flexibility, except in the limited circumstances where they 
implemented interventions previously in priority schools under the 
SIG program. For additional information related to ESEA flexibility 
and interventions in priority schools, see section B of the 
Department's June 29, 2016 guidance entitled, ``Transitioning to the 
Every Student Succeeds Act--Frequently Asked Questions,'' at http://www2.ed.gov/policy/elsec/leg/essa/essafaqstransition62916.pdf.

    Note: For applicants proposing to use CMO grant funds to 
replicate a high-quality charter school by restarting as a charter 
school one or more academically poor-performing public schools, the 
CMO's proposed charter school must be newly created and operating 
under

[[Page 4324]]

a separate charter and governance than the academically poor-
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performing public school.

    Competitive Preference Priority 3--Novice Applicant. (0 or 2 
points).
    This priority is for applications submitted by novice applicants.
    Invitational Priority: This priority is an invitational priority. 
Under 34 CFR 75.105(c)(1), we do not give an application that meets 
this invitational priority any preference over other applications.
    This priority is: Invitational Priority--Rigorous Evaluation of 
School Practices.
    The Secretary is particularly interested in funding applications 
that demonstrate that the applicant is currently conducting, or will 
conduct, a rigorous independent evaluation of specific practices within 
the applicant's charter schools (e.g., positive behavioral 
interventions and supports or professional development practices, such 
as teacher coaching) through a quasi-experimental design study or 
randomized controlled trial that will, if well implemented, meet WWC 
Evidence Standards, and that other schools or school systems can adopt 
to improve outcomes for their students.
Definitions
    The following definitions, where cited, are from 34 CFR 75.225 and 
77.1 and the ESEA, as amended by the ESSA. We are establishing the 
remaining definitions for the FY 2017 grant competition and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition.
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant, or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure. (34 CFR 77.1)
    Baseline means the starting point from which performance is 
measured and targets are set. (34 CFR 77.1)
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight. (Section 4310(3) of the ESEA, as 
amended by the ESSA)
    Educationally disadvantaged students means students in the 
categories described in section 1115(c)(2) of the ESEA, as amended by 
the ESSA, which include children who are economically disadvantaged, 
students with disabilities, migrant students, English learners, 
neglected or delinquent students, and homeless students.
    Expand, when used with respect to a high-quality charter school, 
means to significantly increase enrollment or add one or more grades to 
the high-quality charter school. (Section 4310(7) of the ESEA, as 
amended by the ESSA)
    High-quality charter school means a charter school that--
    (a) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (b) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (c) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (d) Has demonstrated success in increasing student academic 
achievement, including graduation rates where applicable, for each of 
the subgroups of students, as defined in section 1111(c)(2), except 
that such demonstration is not required in a case in which the number 
of students in a group is insufficient to yield statistically reliable 
information or the results would reveal personally identifiable 
information about an individual student. (Section 4310(8) of the ESEA, 
as amended by the ESSA)
    Individual from a low-income family means an individual who is 
determined by a State educational agency (SEA) or local educational 
agency (LEA) to be a child from a low-income family on the basis of (a) 
data used by the Secretary to determine allocations under section 1124 
of the ESEA, (b) data on children eligible for free or reduced-price 
lunches under the Richard B. Russell National School Lunch Act, (c) 
data on children in families receiving assistance under part A of title 
IV of the Social Security Act, (d) data on children eligible to receive 
medical assistance under the Medicaid program under Title XIX of the 
Social Security Act, or (e) an alternate method that combines or 
extrapolates from the data in items (a) through (d) of this definition.
    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. (34 CFR 77.1)
    Novice applicant means--
    (a) Any applicant for a grant from the Department that--
    (1) Has never received a grant or subgrant under the program from 
which it seeks funding;
    (2) Has never been a member of a group application, submitted in 
accordance with 34 CFR 75.127-75.129, that received a grant under the 
program from which it seeks funding; and
    (3) Has not had an active discretionary grant from the Federal 
government in the five years before the deadline date for applications 
for new awards under the program.
    (b) For purposes of paragraph (a)(3), a grant is active until the 
end of the grant's project or funding period, including any extensions 
of those periods that extend the grantee's authority to obligate funds. 
(34 CFR 75.225)
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance. (34 CFR 77.1)
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project. (34 CFR 77.1)
    Persistently lowest-achieving school means, as determined by the 
State--
    (a)(1) Any title I school in improvement, corrective action, or 
restructuring that--
    (A) Is among the lowest-achieving five percent of title I schools 
in improvement, corrective action, or restructuring or the lowest-
achieving five title I schools in improvement, corrective action, or 
restructuring in the State, whichever number of schools is greater; or
    (B) Is a high school that has had a graduation rate as defined in 
34 CFR 200.19(b) that is less than 60 percent over a number of years; 
and
    (2) Any secondary school that is eligible for, but does not 
receive, title I funds that--
    (A) Is among the lowest-achieving five percent of secondary schools 
or the lowest-achieving five secondary schools in the State that are 
eligible for, but do not receive, title I funds, whichever number of 
schools is greater; or
    (B) Is a high school that has had a graduation rate as defined in 
34 CFR 200.19(b) that is less than 60 percent over a number of years.
    (b) To identify the lowest-achieving schools, a State must take 
into account both--
    (1) The academic achievement of the ``all students'' group in a 
school in

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terms of proficiency on the State's assessments under section 
1111(b)(3) of the ESEA in reading/language arts and mathematics 
combined; and
    (2) The school's lack of progress on those assessments over a 
number of years for the ``all students'' group. (80 FR 7223)
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental design by identifying a 
comparison group that is similar to the treatment group in important 
respects. These studies, depending on design and implementation, can 
meet WWC Evidence Standards with reservations (but not WWC Evidence 
Standards without reservations). (34 CFR 77.1)
    Randomized controlled trial means a study that employs random 
assignment of, for example, students, teachers, classrooms, schools, or 
districts to receive the intervention being evaluated (the treatment 
group) or not to receive the intervention (the control group). The 
estimated effectiveness of the intervention is the difference between 
the average outcome for the treatment group and for the control group. 
These studies, depending on design and implementation, can meet WWC 
Evidence Standards without reservations. (34 CFR 77.1)
    Replicate, when used with respect to a high-quality charter school, 
means to open a new charter school, or a new campus of a high-quality 
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional 
charter, if permitted or required by State law. (Section 4310(9) of the 
ESEA, as amended by the ESSA)
    What Works Clearinghouse (WWC) Evidence Standards means the 
standards set forth in the What Works Clearinghouse Procedures and 
Standards Handbook (Version 3.0, March 2014), which can be found at the 
following link://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19. (34 CFR 
77.1)
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities, selection criteria, 
definitions, and requirements. Section 437(d)(1) of GEPA, however, 
allows the Secretary to exempt from rulemaking requirements regulations 
governing the first grant competition under a new or substantially 
revised program authority. This is the first grant competition for this 
program under section 4305(b) of the ESEA, as amended by the ESSA, and, 
therefore, this competition qualifies for this exemption. In order to 
ensure timely grant awards, the Secretary has decided to forgo public 
comment on the priorities, requirements, definitions, and selection 
criteria in this notice in accordance with section 437(d)(1) of GEPA. 
These priorities, requirements, definitions, and selection criteria 
will apply to grants awarded under this competition in FY 2017 and any 
subsequent year in which we make awards from the list of unfunded 
applications from this competition.
    Program Authority: Section 4305(b) of the ESEA, as amended by the 
ESSA.
    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 
part 3474.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: For FY 2017, the Administration has 
requested $350,000,000 under the CSP and authority to use up to 
$100,000,000 of CSP funds for CMO awards. We intend to use an estimated 
$57,000,000 for new awards under this competition and may use FY 2017 
funds to support multiple years of a grant project for one or more 
grantees. The actual level of funding, if any, depends on final 
congressional action. However, we are inviting applications now to 
allow enough time to complete the grant process if Congress 
appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2018 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $600,000-$3,500,000 per year.
    Estimated Average Size of Awards: $2,000,000 per year.
    Maximum Award: See Reasonable and Necessary Costs in section 
III.4.(a) for information regarding the maximum amount of funds that 
may be awarded per new school seat and per new school.
    Estimated Number of Awards: 10-20 awards.

    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 60 months.

III. Eligibility Information

    1. Eligible Applicants: Charter management organizations. Eligible 
applicants may apply individually or as part of a group or consortium.
    2. Audits: (a) All grantees must provide to the Department their 
most recent independent audits of the CMO's financial statements 
prepared in accordance with generally accepted accounting principles, 
and all grantees must continue to provide independent, annual audits of 
their financial statements prepared in accordance with generally 
accepted accounting principles each year of the grant.
    (b) All grantees must ensure that charter schools operated or 
managed by the applicant conduct independent, annual audits of their 
financial statements prepared in accordance with generally accepted 
accounting principles, and ensure that any such audits are publicly 
reported.
    3. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.
    4. Other: (a) Reasonable and Necessary Costs: The Secretary may 
elect to impose maximum limits on the amount of grant funds that may be 
awarded per charter school replicated, per charter school expanded, or 
per new school seat created.
    For this competition, the maximum limit of grant funds that may be 
awarded per new school seat in a new charter school is $3,400, 
including a maximum limit per replicated charter school of $900,000. 
The maximum limit per new school seat in a charter school that is 
expanding its enrollment is $1,700, including a maximum limit per 
expanded school of $900,000.

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

    (b) Other CSP Grants: A charter school that previously has received 
CSP funds for replication or expansion, or for planning or initial 
implementation of a charter school under CFDA number 84.282A or 84.282B 
(as administered under the ESEA, as amended by the NCLB), may not use 
funds under this grant for the same purpose. However, such charter 
school may be eligible to receive funds under this competition to 
expand the charter school beyond the existing grade levels or student 
count.

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    Likewise, a charter school that receives funds under this 
competition is ineligible to receive funds for the same purpose under 
section 4303(b)(1) of the ESEA, as amended by the ESSA, including 
opening and preparing for the operation of a new charter school, 
opening and preparing for the operation of a replicated high-quality 
charter school, or expanding a high-quality charter school (i.e., CFDA 
number 84.282A or 84.282B).
    (c) Costs for Evaluation: In accordance with 34 CFR 75.590, CMO 
grant funds may be used to cover post-award costs associated with an 
evaluation described in response to the invitational priority or 
Selection Criterion (c) of this notice, provided that such costs are 
reasonable and necessary to meet the objectives of the approved 
project.

IV. Application and Submission Information

    1. Address to Request Application Package:
    Eddie Moat, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 4W259, Washington, DC 20202-5970. Telephone: (202) 401-2266 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.a. Content and Form of Application Submission: Requirements 
concerning the content and form 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 priorities, selection 
criteria, and application requirements that reviewers use to evaluate 
your application. We recommend that you limit the application narrative 
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.
    b. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the CMO grant 
competition, your application may include business information that you 
consider proprietary. In 34 CFR 5.11 we define ``business information'' 
and describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you feel is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Submission Dates and Times:
    Applications Available: [INSERT DATE OF PUBLICATION IN THE FEDERAL 
REGISTER].
    Date of Pre-Application Webinar: The Department will hold a pre-
application meeting via Webinar for prospective applicants on January 
24, 1:00 p.m., Washington, DC, time. Individuals interested in 
attending this meeting are encouraged to pre-register by emailing their 
name, organization, and contact information with the subject heading 
``PRE-APPLICATION MEETING'' to [email protected] There is no 
registration fee for attending this meeting.
    For further information about the pre-application meeting, contact 
Eddie Moat, U.S. Department of Education, 400 Maryland Avenue SW., Room 
4W259, Washington, DC 20202-5970. Telephone: (202) 401-2266 or by 
email: [email protected].
    Deadline for Transmittal of Applications: February 27, 2017.
    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 Other Submission Requirements in section 
IV 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: [INSERT DATE 105 DAYS AFTER 
DATE OF PUBLICATION IN THE FEDERAL REGISTER].
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition.
    5. Funding Restrictions: Grantees under this program must use the 
grant funds to replicate or expand the charter school model or models 
for which the applicant has presented evidence of success. Grant funds 
must be used to carry out allowable activities, as described in section 
4303(h) of the ESEA, as amended by the ESSA, which include--
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying costs 
associated with--
    (i) Providing professional development; and
    (ii) Hiring and compensating, during the applicant's planning 
period specified in the application for funds, one or more of the 
following:
    (A) Teachers,
    (B) School leaders, and
    (C) Specialized instructional support personnel.

[[Page 4327]]

    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including developing and acquiring 
instructional materials).
    (c) Carrying out necessary renovations to ensure that a new school 
building complies with applicable statutes and regulations, and minor 
facilities repairs (excluding construction).
    (d) Providing one-time, startup costs associated with providing 
transportation to students to and from the charter school.
    (e) Carrying out community engagement activities, which may include 
paying the cost of student and staff recruitment.
    (f) Providing for other appropriate, non-sustained costs related to 
the replication or expansion of high-quality charter schools when such 
costs cannot be met from other sources.
    A grantee may use up to 20 percent of grant funds for initial 
operational costs associated with the expansion or improvement of the 
grantee's oversight or management of its charter schools, provided that 
(i) the specific charter schools being replicated or expanded under the 
grant are the intended beneficiaries of such expansion or improvement; 
(ii) such expansion or improvement is intended to improve the grantee's 
ability to manage or oversee the charter schools replicated or expanded 
under the grant; and (iii) the costs cannot be met from other sources.
    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), 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 to Charter Management 
Organizations for Replication and Expansion of High-Quality Charter 
Schools, CFDA number 84.282M, must be submitted electronically using 
the Governmentwide Grants.gov Apply site at www.Grants.gov. Through 
this site, you will be able to download a copy of the application 
package, complete it offline, and then upload and submit your 
application. You may not email an electronic copy of a grant 
application to us.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and submit, no 
later than two weeks before the application deadline date, a written 
statement to the Department that you qualify for one of these 
exceptions. Further information regarding calculation of the date that 
is two weeks before the application deadline date is provided later in 
this section under Exception to Electronic Submission Requirement.
    You may access the electronic grant application for CSP Grants to 
Charter Management Organizations for Replication and Expansion of High-
Quality Charter Schools 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 84.282M).
    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 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.

[[Page 4328]]

     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 application 
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: Eddie Moat, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4W259, 
Washington, DC 20202-5970. FAX: (202) 401-2266.
    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

[[Page 4329]]

Department at the following address: U.S. Department of Education, 
Application Control Center, Attention: CFDA Number 84.282M, LBJ 
Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.
    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.
    c. Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
CFDA Number 84.282M, 550 12th Street SW., Room 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. Application Requirements: Applications for CSP CMO grant funds 
must address the following application requirements. An applicant must 
respond to requirement (a) in a stand-alone section of the application 
or in an appendix. For all other application requirements, an applicant 
may choose to respond in the context of its responses to the selection 
criteria in section V.2 of this notice.
    (a) Demonstrate that the applicant currently operates or manages 
more than one charter school. For purposes of this competition, 
multiple charter schools are considered to be separate schools if each 
school--
    (i) meets the definition of ``charter school'' under section 
4310(2) of the ESEA, as amended by the ESSA, and
    (ii) is treated as a separate school by its authorized public 
chartering agency and the State, including for purposes of 
accountability and reporting under title I of the ESEA, as amended.
    (b) For each charter school currently operated or managed by the 
applicant, provide--
    1. Student assessment results for all students and for each 
subgroup of students described in section 1111(c)(2) of the ESEA, as 
amended by the NCLB; \6\
---------------------------------------------------------------------------

    \6\ Section 5(e)(1)(B) of the ESSA states that ``subsections (c) 
and (d) of section 1111 of the [ESEA] (20 U.S.C. 6311), as amended 
by [the ESSA], shall take effect beginning with school year 2017-
2018.'' For purposes of this competition, ``section 1111(c)(2)'' 
refers to section 1111(c)(2) of the ESEA, as amended by the NCLB.
---------------------------------------------------------------------------

    2. Attendance and student retention rates for the most recently 
completed school year and, if applicable, the most recent available 
four-year adjusted cohort graduation rates and extended year adjusted 
cohort graduation rates;
    3. Suspension and expulsion rates for the past three years for each 
subgroup of students described in section 1111(c)(2) of the ESEA, as 
amended by the NCLB; and
    4. Information on any significant compliance and management issues 
encountered within the last three school years by any school operated 
or managed by the eligible entity, including in the areas of student 
safety and finance.
    (c) Provide information, including information regarding how any 
compliance issues were resolved, on any charter schools operated or 
managed by the applicant that have been closed; have had their 
charter(s) revoked due to problems with statutory or regulatory 
compliance, including compliance with sections 4310(2)(G) and (J) of 
the ESEA, as amended by the ESSA; have had their affiliation with the 
applicant revoked or terminated, including through voluntary 
disaffiliation; or have experienced significant problems with statutory 
or regulatory compliance, including compliance with sections 4310(2)(G) 
and (J) of the ESEA, as amended by the ESSA, that could lead to 
revocation of the school's charter(s).
    (d) Provide a complete logic model for the grant project. The logic 
model must include the applicant's objectives for implementing a high-
quality charter school program with funding under this competition, 
including the number of high-quality charter schools the applicant 
proposes to replicate or expand.
    (e) Describe the educational program that the applicant will 
implement in each replicated or expanded charter school, including--
    (1) Information on how the program will enable all students to meet 
the State's challenging academic and performance standards;
    (2) The grade levels or ages of students who will be served; and
    (3) The instructional practices that will be used, including 
whether the applicant currently operates or is proposing to replicate 
or expand a single-sex charter school or coeducational charter school 
that provides a single-sex class or extracurricular activity 
(collectively referred to as a ``single-sex educational program'').

    Note: Prior to receiving an award, an applicant currently 
operating or proposing to replicate or expand a charter school that 
provides a single-sex educational program must demonstrate that the 
existing and proposed single-sex educational programs are in 
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 implementing regulations, including 34 CFR 106.34. Such an 
applicant likely will be required to provide fact-specific 
information about the single-sex educational program(s) within 
specified timeframes. In addition, special conditions related to 
compliance with applicable nondiscrimination laws are likely to be 
placed on any grant awarded to an applicant that operates or 
proposes to replicate or expand a charter school that provides a 
single-sex educational program. Please see the application package 
for additional information related to the requirements for single-
sex educational programs.

    (f) Describe how the applicant currently operates or manages the 
charter schools for which it has presented evidence of success, and how 
the proposed replicated or expanded

[[Page 4330]]

charter schools will be operated or managed. Include a description of 
central office functions, relationship with charter holder(s) if other 
than the applicant, governance, daily operations, financial management, 
human resources management, and instructional management. If applying 
as a group or consortium, describe the roles and responsibilities of 
each member of the group or consortium and how each member will 
contribute to this project.
    (g) Describe how the operation of each replicated or expanded 
charter school will be sustained after the grant has ended, which shall 
include a multi-year financial and operating model for the applicant.
    (h) Describe how the applicant will solicit, consider, and include 
in governance input from parents and other members of the community on 
the implementation and operation of each replicated or expanded charter 
school.
    (i) Describe how the applicant will ensure that each replicated or 
expanded charter school will recruit and enroll students, including 
students with disabilities, English learners, and other educationally 
disadvantaged students, and describe the lottery and enrollment 
procedures that will be used for each replicated or expanded charter 
school if more students apply for admission than can be accommodated. 
For applicants that propose to use a weighted lottery, describe how the 
weighted lottery complies with section 4303(c)(3)(A) of the ESEA, as 
amended by the ESSA.
    (j) Describe how the applicant will ensure that all eligible 
students with disabilities receive a free appropriate public education 
in accordance with Part B of the IDEA.
    (k) Describe how the proposed project will assist educationally 
disadvantaged students in mastering State academic content standards 
and State student academic achievement standards.
    (l) Describe the applicant's planned activities and expenditures of 
Federal grant funds.
    (m) Include a request and justification for any waivers of Federal 
statutory or regulatory requirements that the applicant believes are 
necessary for the successful operation of its replicated or expanded 
charter schools.
    2. Selection Criteria. The maximum possible score for addressing 
all of the criteria in this section is 100 points. The maximum possible 
score for addressing each criterion is indicated in parentheses 
following the criterion.
    In evaluating an application, the Secretary considers the following 
criteria:
    (a) Quality of the eligible applicant. (45 points)
    1. The degree to which the applicant has demonstrated success in 
increasing academic achievement, including graduation rates where 
applicable, for all students and for each of the subgroups of students 
described in section 1111(c)(2) of the ESEA, as amended by the NCLB, 
attending the charter schools the applicant operates or manages (15 
points).
    2. The extent to which the academic achievement results (including 
annual student performance on statewide assessments and annual student 
attendance and retention rates, and where applicable and available, 
student academic growth, high school graduation rates, college 
attendance rates, and college persistence rates) for educationally 
disadvantaged students served by the charter schools operated or 
managed by the applicant have exceeded the average academic achievement 
results for such students in the State (15 points).
    3. The extent to which charter schools operated or managed by the 
applicant have not been closed; have not had a charter revoked due to 
noncompliance with statutory or regulatory requirements; have not had 
their affiliation with the applicant revoked or terminated, including 
through voluntary disaffiliation; have not had any significant issues 
in the area of financial or operational management; have not 
experienced significant problems with statutory or regulatory 
compliance that could lead to revocation of the school's charter; and 
have not had any significant issues with respect to student safety (15 
points).
    (b) Contribution in assisting educationally disadvantaged students. 
(25 points)
    The significance of the contribution the proposed project will make 
in expanding educational opportunities for educationally disadvantaged 
students and enabling those students to meet challenging State academic 
standards. In determining the significance of the contribution the 
proposed project will make, the Secretary considers:
    1. The extent to which charter schools currently operated or 
managed by the applicant serve educationally disadvantaged students, 
including students with disabilities and English learners, at rates 
comparable to surrounding public schools (10 points); and
    2. The quality of the plan to ensure that the charter schools the 
applicant proposes to replicate or expand will recruit and enroll 
educationally disadvantaged students (15 points).
    (c) Quality of the evaluation plan for the proposed project. (10 
points)
    In determining the quality of the evaluation plan for the proposed 
project, the Secretary considers the alignment of the evaluation plan 
to the logic model for the proposed grant project and the extent to 
which the methods of evaluation include the use of objective 
performance measures that are clearly related to the intended outcomes 
of the proposed grant project articulated in the applicant's response 
to application requirement (c) and will produce quantitative and 
qualitative data by the end of the performance period.
    (d) Quality of the management plan and personnel. (20 points)
    In determining the quality of the management plan and personnel to 
replicate or expand high-quality charter schools under the proposed 
project, the Secretary considers--
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (5 points);
    (2) The qualifications, including relevant training and experience, 
of the project director, chief executive officer or organization 
leader, and key project personnel, especially in managing projects of 
the size and scope of the proposed project (10 points); and
    (3) The ability of the applicant to sustain the operation of the 
replicated or expanded charter schools after the grant has ended, as 
demonstrated by the multi-year financial and operating model included 
in the applicant's response to application requirement (g) (5 points).
    3. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
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).

[[Page 4331]]

    4. 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 specific 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 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.
    5. Integrity and Performance System: If you are selected under this 
competition to receive an award that, over the course of the project 
period, may exceed the simplified acquisition threshold (currently 
$150,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

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) The primary goal of the CSP is to 
support the creation and development of a large number of high-quality 
charter schools that are free from State or local rules that inhibit 
flexible operation, are held accountable for enabling students to reach 
challenging State performance standards, and are open to all students. 
The Secretary has two performance indicators to measure progress 
towards this goal: (1) The number of charter schools in operation 
around the Nation, and (2) the percentage of fourth- and eighth-grade 
charter school students who are achieving at or above the proficient 
level on State 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 
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 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 is 
ambitious yet achievable compared to the baseline for the performance 
measure and when, during the project period, the applicant would meet 
the performance target(s).
    (4) Data collection and reporting. (i) The data collection and 
reporting methods the applicant would use and why those methods are 
likely to yield reliable, valid, and meaningful performance data; and 
(ii) the applicant's capacity to collect and report reliable, valid, 
and meaningful performance data, as evidenced by high-quality data 
collection, analysis, and reporting in other projects or research.
    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).

[[Page 4332]]

    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: Eddie Moat, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4W259, Washington, DC 20202-
5970. Telephone: (202) 401-2266 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 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 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: January 10, 2017.
Margo Anderson,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2017-00748 Filed 1-12-17; 8:45 am]
BILLING CODE 4000-01-P


Current View
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: January 13, 2017.
ContactEddie Moat, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W259, Washington, DC 20202- 5970. Telephone: (202) 401-2266 or by email: [email protected]
FR Citation82 FR 4322 

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