83_FR_10502 83 FR 10455 - Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State Entities

83 FR 10455 - Applications for New Awards; Expanding Opportunity Through Quality Charter Schools Program (CSP)-Grants to State Entities

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10455-10464
FR Document2018-04821

The Department of Education is issuing a notice inviting applications for fiscal year (FY) 2018 for CSP--Grants to State Entities, Catalog of Federal Domestic Assistance (CFDA) number 84.282A.

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10455-10464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04821]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Expanding Opportunity Through 
Quality Charter Schools Program (CSP)--Grants to State Entities

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

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2018 for CSP--Grants to State 
Entities, Catalog of Federal Domestic Assistance (CFDA) number 84.282A.

DATES: 
    Applications Available: March 9, 2018.
    Date of Pre-Application Webinar: Wednesday, March 14, 2018, 2:00 
p.m., Eastern Time.
    Deadline for Transmittal of Applications: April 20, 2018.
    Deadline for Intergovernmental Review: June 22, 2018.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 12, 2018 (83 FR 6003) and available at 
www.thefederalregister.org/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.

FOR FURTHER INFORMATION CONTACT: Amy B. Huber, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4W222, Washington, DC 20202-
5970. Telephone: (202) 453-6634 or by email: amy.huber@ed.gov.
    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.

SUPPLEMENTARY INFORMATION: 

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 public charter schools and meet challenging State 
academic standards; provide financial assistance for the planning, 
program design, and initial implementation of 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 the CSP Grants to State Entities (CSP State Entities) 
competition (CFDA number 84.282A, the Department awards grants to State 
entities that make subgrants to eligible applicants for the purpose of 
opening new charter schools and replicating and

[[Page 10456]]

expanding high-quality charter schools. Grant funds may also be used to 
provide technical assistance to eligible applicants and authorized 
public chartering agencies in opening new charter schools and 
replicating and expanding high-quality charter schools, and to work 
with authorized public chartering agencies to improve authorizing 
quality, including developing capacity for, and conducting, fiscal 
oversight and auditing of charter schools.
    Background: The CSP State Entities program provides financial 
assistance to State entities to support charter schools that serve 
elementary and secondary school students in a given State. Charter 
schools receiving funds under the CSP State Entities program also may 
serve students in early childhood education programs or postsecondary 
students.
    The CSP State Entities program is authorized under the Elementary 
and Secondary Education Act of 1965 (ESEA), as amended by the Every 
Student Succeeds Act (ESSA) (20 U.S.C. 7221-7221j).\1\ This notice 
contains information regarding eligibility, priorities, definitions, 
application requirements, and selection criteria under the amended law.
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    \1\ Prior to enactment of the ESSA, the ESEA, as amended by the 
No Child Left Behind Act of 2001 (NCLB), authorized the Secretary to 
make awards to State educational agencies to enable them to conduct 
charter school subgrant programs in their States. Unless otherwise 
indicated, all references to the ESEA in this notice are to the 
ESEA, as amended by the ESSA.
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    All charter schools receiving CSP funds must meet each element of 
the definition of charter school in section 4310(2) of the ESEA, 
including the requirement to comply with Federal civil rights 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 six competitive preference 
priorities. In accordance with 34 CFR 75.105(b)(2)(iv), these 
priorities are from section 4303(g)(2) of the ESEA.
    Competitive Preference Priorities: For FY 2018 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:
     An additional two points to an application that meets 
competitive preference priority 1; and
     For competitive preference priorities 2 through 6, up to 
an additional 23 points, depending on how well an application addresses 
the competitive preference priorities.
    An application may receive a total of up to 25 additional points 
under the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--At Least One Authorized Public 
Chartering Agency Other than a Local Educational Agency, or an Appeals 
Process (0 or 2 points).
    To meet this priority, an applicant must demonstrate that it is 
located in a State that--
    (a) Allows at least one entity that is not a local educational 
agency (LEA) to be an authorized public chartering agency for 
developers seeking to open a charter school in the State; or
    (b) In the case of a State in which LEAs are the only authorized 
public chartering agencies, the State has an appeals process for the 
denial of an application for a charter school.
    Competitive Preference Priority 2--Equitable Financing (up to 6 
points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which it is located 
ensures equitable financing, as compared to traditional public schools, 
for charter schools and students in a prompt manner.
    Competitive Preference Priority 3--Charter School Facilities (up to 
6 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which it is located 
provides charter schools one or more of the following:
    (a) Funding for facilities;
    (b) Assistance with facilities acquisition;
    (c) Access to public facilities;
    (d) The ability to share in bonds or mill levies;
    (e) The right of first refusal to purchase public school buildings; 
or
    (f) Low- or no-cost leasing privileges.
    Competitive Preference Priority 4--Best Practices to Improve 
Struggling Schools and LEAs (up to 3 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which the State in which it is located 
uses best practices from charter schools to help improve struggling 
schools and LEAs.
    Competitive Preference Priority 5--Serving At-Risk Students (up to 
3 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which it supports charter schools that 
serve at-risk students through activities such as dropout prevention, 
dropout recovery, or comprehensive career counseling services.
    Competitive Preference Priority 6--Best Practices for Charter 
School Authorizing (up to 5 points).
    To be eligible to receive points under this priority, an applicant 
must demonstrate the extent to which it has taken steps to ensure that 
all authorized public chartering agencies implement best practices for 
charter school authorizing.

    Note:  We are interpreting ``best practices for charter school 
authorizing'' as including, but not limited to, the practices for 
monitoring of charter schools described in Assurance E below.

    Application Requirements:
    These application requirements are from section 4303(f) of the ESEA 
(20 U.S.C. 7221b(f)). The Department will reject an application that 
does not meet each application requirement.
    Under selection criterion (b) Objectives, the Secretary considers 
the ambitiousness of the State entity's objectives for its quality 
charter school program. An applicant may choose to respond to some or 
all of the elements of application requirement (I) Description of 
Program in the context of its response to selection criterion (b) 
Objectives, and should note the locations of the responses accordingly.
    Applications for funding under the CSP State Entities program must 
contain the following:
    (I) Description of Program--A description of the State entity's 
objectives in running a quality charter school program and how the 
objectives of the program will be carried out, including--
    (A) A description of how the State entity will--
    (1) Support the opening of charter schools through the startup of 
new charter schools and, if applicable, the replication of high-quality 
charter schools, and the expansion of high-quality charter schools 
(including the proposed number of new charter schools to be opened, 
high-quality charter schools to be opened as a result of the 
replication of a high-quality charter school, or high-quality charter 
schools to be expanded under the State entity's program);
    (2) Inform eligible charter schools, developers, and authorized 
public chartering agencies of the availability of funds under the 
program;

[[Page 10457]]

    (3) Work with eligible applicants to ensure that the eligible 
applicants access all Federal funds that such applicants are eligible 
to receive, and help the charter schools supported by the applicants 
and the students attending those charter schools--
    (a) Participate in the Federal programs in which the schools and 
students are eligible to participate;
    (b) Receive the commensurate share of Federal funds the schools and 
students are eligible to receive under such programs; and
    (c) Meet the needs of students served under such programs, 
including students with disabilities \2\ and English learners;
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    \2\ For purposes of this notice, ``students with disabilities'' 
or ``student with a disability'' has the same meaning as children 
with disabilities or child with a disability.
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    (4) Ensure that authorized public chartering agencies, in 
collaboration with surrounding LEAs where applicable, establish clear 
plans and procedures to assist students enrolled in a charter school 
that closes or loses its charter to attend other high-quality schools;
    (5) In the case of a State entity that is not a State educational 
agency (SEA)--
    (a) Work with the SEA and charter schools in the State to maximize 
charter school participation in Federal and State programs for which 
charter schools are eligible; and
    (b) Work with the SEA to operate the State entity's program under 
section 4303 of the ESEA, if applicable;
    (6) Ensure that each eligible applicant that receives a subgrant 
under the State entity's program--
    (a) Is using funds provided under this program for one of the 
activities described in section 4303(b)(1) of the ESEA; and
    (b) Is prepared to continue to operate charter schools funded under 
section 4303 of the ESEA in a manner consistent with the eligible 
applicant's application for such subgrant once the subgrant funds under 
this program are no longer available;
    (7) Support--
    (a) Charter schools in LEAs with a significant number of schools 
identified by the State for comprehensive support and improvement under 
section 1111(c)(4)(D)(i) of the ESEA; and
    (b) The use of charter schools to improve struggling schools, or to 
turn around struggling schools;
    (8) Work with charter schools on--
    (a) Recruitment and enrollment practices to promote inclusion of 
all students, including by eliminating any barriers to enrollment for 
educationally disadvantaged students (who include foster youth and 
unaccompanied homeless youth); and
    (b) Supporting all students once they are enrolled to promote 
retention, including by reducing the overuse of discipline practices 
that remove students from the classroom;
    (9) Share best and promising practices between charter schools and 
other public schools;
    (10) Ensure that charter schools receiving funds under the State 
entity's program meet the educational needs of their students, 
including children with disabilities and English learners;
    (11) Support efforts to increase charter school quality 
initiatives, including meeting the quality authorizing elements 
described in section 4303(f)(2)(E) of the ESEA;
    (12)(a) In the case of a State entity that is not a charter school 
support organization, a description of how the State entity will 
provide oversight of authorizing activity, including how the State will 
help ensure better authorizing, such as by establishing authorizing 
standards that may include approving, monitoring, and re-approving or 
revoking the authority of an authorized public chartering agency based 
on the performance of the charter schools authorized by such agency in 
the areas of student achievement, student safety, financial and 
operational management, and compliance with all applicable statutes and 
regulations; and
    (b) In the case of a State entity that is a charter school support 
organization, a description of how the State entity will work with the 
State to support the State's system of technical assistance and 
oversight, as described in subsection (a), of the authorizing activity 
of authorized public chartering agencies; and
    (13) Work with eligible applicants receiving a subgrant under the 
State entity's program to support the opening of new charter schools or 
charter school models described in application requirement (I)(A)(1) 
that are high schools;
    (B) A description of the extent to which the State entity--
    (1) Is able to meet and carry out competitive preference priorities 
1 through 6; \3\
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    \3\ In accordance with 34 CFR 105(c)(2)(i), applications are not 
required to address competitive preference priorities but may 
receive additional points if they do so. However, to meet this 
application requirement, the State entity must describe the extent 
to which it is able to meet and carry out competitive preference 
priorities 1 through 6. If the State entity is unable to meet and 
carry out one or more of these competitive preference priorities, 
the description for that priority should state that the State entity 
is unable to meet or carry out the priority.
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    (2) Is working to develop or strengthen a cohesive statewide system 
to support the opening of new charter schools and, if applicable, the 
replication of high-quality charter schools, and the expansion of high-
quality charter schools; and
    (3) Is working to develop or strengthen a cohesive strategy to 
encourage collaboration between charter schools and LEAs on the sharing 
of best practices;
    (C) A description of how the State entity will award subgrants, on 
a competitive basis, including--
    (1) A description of the application each eligible applicant 
desiring to receive a subgrant will be required to submit, which 
application shall include--
    (i) A description of the roles and responsibilities of eligible 
applicants, partner organizations, and charter management 
organizations, including the administrative and contractual roles and 
responsibilities of such partners;
    (ii) A description of the quality controls agreed to between the 
eligible applicant and the authorized public chartering agency 
involved, such as a contract or performance agreement, how a school's 
performance in the State's accountability system and impact on student 
achievement (which may include student academic growth) will be one of 
the most important factors for renewal or revocation of the school's 
charter, and how the State entity and the authorized public chartering 
agency involved will reserve the right to revoke or not renew a 
school's charter based on financial, structural, or operational factors 
involving the management of the school;
    (iii) A description of how the autonomy and flexibility granted to 
a charter school is consistent with the definition of charter school in 
section 4310 of the ESEA;
    (iv) A description of how the eligible applicant will solicit and 
consider input from parents and other members of the community on the 
implementation and operation of each charter school that will receive 
funds under the State entity's program;
    (v) A description of the eligible applicant's planned activities 
and expenditures of subgrant funds to support opening and preparing for 
the operation of new charter schools, opening and preparing for the 
operation of replicated high-quality charter schools, or expanding 
high-quality charter schools, and how the eligible applicant will 
maintain financial

[[Page 10458]]

sustainability after the end of the subgrant period; and
    (vi) A description of how the eligible applicant will support the 
use of effective parent, family, and community engagement strategies to 
operate each charter school that will receive funds under the State 
entity's program; and
    (2) A description of how the State entity will review applications 
from eligible applicants;
    (D) In the case of a State entity that partners with an outside 
organization to carry out the State entity's quality charter school 
program, in whole or in part, a description of the roles and 
responsibilities of the partner;
    (E) A description of how the State entity will ensure that each 
charter school receiving funds under the State entity's program has 
considered and planned for the transportation needs of the school's 
students;
    (F) A description of how the State in which the State entity is 
located addresses charter schools in the State's open meetings and open 
records laws; and
    (G) A description of how the State entity will support diverse 
charter school models, including models that serve rural communities.
    (II) Assurances--Assurances that--
    (A) Each charter school receiving funds through the State entity's 
program will have a high degree of autonomy over budget and operations, 
including autonomy over personnel decisions;
    (B) The State entity will support charter schools in meeting the 
educational needs of their students, including children with 
disabilities and English learners;
    (C) The State entity will ensure that the authorized public 
chartering agency of any charter school that receives funds under the 
State entity's program adequately monitors each charter school under 
the authority of such agency in recruiting, enrolling, retaining, and 
meeting the needs of all students, including children with disabilities 
and English learners;
    (D) The State entity will provide adequate technical assistance to 
eligible applicants to meet the objectives described in application 
requirement (I)(A)(8) in this notice;
    (E) The State entity will promote quality authorizing, consistent 
with State law, such as through providing technical assistance to 
support each authorized public chartering agency in the State to 
improve such agency's ability to monitor the charter schools authorized 
by the agency, including by--
    (1) Assessing annual performance data of the schools, including, as 
appropriate, graduation rates, student academic growth, and rates of 
student attrition;
    (2) Reviewing the schools' independent, annual audits of financial 
statements prepared in accordance with generally accepted accounting 
principles and ensuring that any such audits are publically reported; 
and
    (3) Holding charter schools accountable to the academic, financial, 
and operational quality controls agreed to between the charter school 
and the authorized public chartering agency involved, such as renewal, 
non-renewal, or revocation of the school's charter;
    (F) The State entity will work to ensure that charter schools are 
included with the traditional public schools in decisionmaking about 
the public school system in the State; and
    (G) The State entity will ensure that each charter school receiving 
funds under the State entity's program makes publicly available, 
consistent with the dissemination requirements of the annual State 
report card under section 1111(h) of the ESEA, including on the website 
of the school, information to help parents make informed decisions 
about the education options available to their children, including--
    (1) Information on the educational program;
    (2) Student support services;
    (3) Parent contract requirements (as applicable), including any 
financial obligations or fees;
    (4) Enrollment criteria (as applicable); and
    (5) Annual performance and enrollment data for each of the 
subgroups of students, as defined in section 1111(c)(2) of the ESEA, 
except that such disaggregation of performance and enrollment data 
shall not be required in a case in which the number of students in a 
group is insufficient to yield statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student.
    (III) Waivers--Requests for information about waivers, including--
    (A) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the State entity believes are 
necessary for the successful operation of the charter schools that will 
receive funds under the State entity's program under section 4303 of 
the ESEA or, in the case of a State entity that is a charter school 
support organization, a description of how the State entity will work 
with the State to request such necessary waivers, where applicable; and
    (B) A description of any State or local rules, generally applicable 
to public schools, that will be waived or otherwise not apply to such 
schools.
    Definitions: The following definitions are from sections 4303(a), 
4310, and 8101 of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); and 
34 CFR 77.1.
    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)
    Authorized public chartering agency means a State educational 
agency, local educational agency, or other public entity that has the 
authority pursuant to State law and approved by the Secretary to 
authorize or approve a charter school. (ESEA section 4310(1))
    Baseline means the starting point from which performance is 
measured and targets are set. (34 CFR 77.1)
    Charter school means a public school that--
    (a) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt from significant State or 
local rules that inhibit the flexible operation and management of 
public schools, but not from any rules relating to the other 
requirements of this definition;
    (b) Is created by a developer as a public school, or is adapted by 
a developer from an existing public school, and is operated under 
public supervision and direction;
    (c) Operates in pursuit of a specific set of educational objectives 
determined by the school's developer and agreed to by the authorized 
public chartering agency;
    (d) Provides a program of elementary or secondary education, or 
both;
    (e) Is nonsectarian in its programs, admissions policies, 
employment practices, and all other operations, and is not affiliated 
with a sectarian school or religious institution;
    (f) Does not charge tuition;
    (g) Complies with 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 (42 U.S.C. 12101 et seq.), section 444 of GEPA 
(20 U.S.C. 1232g) (commonly referred to as the ``Family Educational 
Rights and Privacy Act of 1974'') and part B of the IDEA;

[[Page 10459]]

    (h) Is a school to which parents choose to send their children, and 
that--
    (1) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or
    (2) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in paragraph (1);
    (i) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (j) Meets all applicable Federal, State, and local health and 
safety requirements;
    (k) Operates in accordance with State law;
    (l) Has a written performance contract with the authorized public 
chartering agency in the State that includes a description of how 
student performance will be measured in charter schools pursuant to 
State assessments that are required of other schools and pursuant to 
any other assessments mutually agreeable to the authorized public 
chartering agency and the charter school; and
    (m) May serve students in early childhood educational programs or 
postsecondary students. (ESEA section 4310(2))
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight. (ESEA section 4310(3))
    Charter school support organization means a nonprofit, non-
governmental entity that is not an authorized public chartering agency 
and provides, on a statewide basis--
    (a) Assistance to developers during the planning, program design, 
and initial implementation of a charter school; and
    (b) Technical assistance to operating charter schools. (ESEA 
section 4310(4))
    Child with a disability means--
    (a) A child (i) with intellectual disabilities, hearing impairments 
(including deafness), speech or language impairments, visual 
impairments (including blindness), serious emotional disturbance 
(referred to as ``emotional disturbance''), orthopedic impairments, 
autism, traumatic brain injury, other health impairments, or specific 
learning disabilities; and (ii) who, by reason thereof, needs special 
education and related services.
    (b) For a child aged 3 through 9 (or any subset of that age range, 
including ages 3 through 5), may, at the discretion of the State and 
the local educational agency, include a child (i) experiencing 
developmental delays, as defined by the State and as measured by 
appropriate diagnostic instruments and procedures, in one or more of 
the following areas: Physical development; cognitive development; 
communication development; social or emotional development; or adaptive 
development; and (ii) who, by reason thereof, needs special education 
and related services. (ESEA section 8101(4))
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes. (34 CFR 77.1)
    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. 
(ESEA section 4310(5))
    Early childhood education program means (A) a Head Start program or 
an Early Head Start program carried out under the Head Start Act (42 
U.S.C. 9831 et seq.), including a migrant or seasonal Head Start 
program, an Indian Head Start program, or a Head Start program or an 
Early Head Start program that also receives State funding; (B) a State 
licensed or regulated child care program; or (C) a program that (i) 
serves children from birth through age six that addresses the 
children's cognitive (including language, early literacy, and early 
mathematics), social, emotional, and physical development; and (ii) is 
(I) a State prekindergarten program; (II) a program authorized under 
section 619 or part C of the Individuals with Disabilities Education 
Act; or (III) a program operated by a local educational agency. (ESEA 
section 8101(16))
    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. (ESEA 
section 4310(6))
    English learner, when used with respect to an individual, means an 
individual--
    (a) Who is aged 3 through 21;
    (b) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (c)(1) Who was not born in the United States or whose native 
language is a language other than English;
    (2)(i) Who is a Native American or Alaska Native, or a native 
resident of the outlying areas; and
    (ii) Who comes from an environment where a language other than 
English has had a significant impact on the individual's level of 
English language proficiency; or
    (3) Who is migratory, whose native language is a language other 
than English, and who comes from an environment where a language other 
than English is dominant; and
    (d) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (1) The ability to meet the challenging State academic standards;
    (2) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (3) The opportunity to participate fully in society. (ESEA section 
8101(20))
    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. (ESEA section 4310(7))
    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) of the 
ESEA, 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

[[Page 10460]]

identifiable information about an individual student. (ESEA section 
4310(8))
    Logic model (also referred to as theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes. (34 CFR 77.1)
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare). 
(ESEA section 8101(38))
    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)
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers). (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. (ESEA section 4310(9))
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program. (34 CFR 77.1)
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas. (ESEA 
section 8101(48))
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools. (ESEA section 8101(49))
    State entity means--
    (a) A State educational agency;
    (b) A State charter school board;
    (c) A Governor of a State; or
    (d) A charter school support organization. (ESEA section 4303(a))
    Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
7221j).
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 
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 grant.
    Estimated Available Funds: The Administration has requested 
$500,000,000 for the CSP for FY 2018, of which we would use an 
estimated $150,000,000 for new awards under this competition. The 
actual level of funding, if any, depends on final congressional action. 
However, we are inviting applications to allow enough time to complete 
the grant process 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 2019 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $2,000,000 to $25,000,000 per year.
    Estimated Average Size of Awards: $10,000,000 per year.
    Maximum Award: See Reasonable and Necessary Costs in section 
III.4.(a) of this notice for information regarding the maximum amount 
of funds that State entities may award for each charter school 
receiving subgrant funds.
    Estimated Number of Awards: 3-8.

    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. We may use FY 2018 funds to support 
multiple 12-month budget periods for one or more grantees.

    Project Period: Up to five years.

III. Eligibility Information

    1. Eligible Applicants: State entities (SEs) in States with a 
specific State statute authorizing the granting of charters to schools.
    Under section 4303(e)(1) of the ESEA, no SE may receive a grant 
under this competition for use in a State in which an SE has a current 
CSP State Entities grant. The Department has made one set of new 
section 4303 of the ESEA CSP State Entities grants, in FY 2017. 
Accordingly, no SE may receive a grant under this competition for use 
in a State in which an SE received a new State Entities grant in FY 
2017 and is currently using the grant; these States are Indiana, 
Maryland, Minnesota, Mississippi, New Mexico, Oklahoma, Rhode Island, 
Texas, and Wisconsin. SEs in States in which an SEA has a current CSP 
grant for SEAs that was awarded prior to FY 2017, under the ESEA, as 
amended by NCLB, are eligible to apply for a CSP State Entities grant 
under this competition, so long as no other SE in the State has a 
current CSP State Entities grant.
    In addition, consistent with section 4303(e)(1) of the ESEA, if 
multiple SEs in a State submit applications that receive high enough 
scores to be recommended for funding under this competition, only the 
highest-scoring application among such State entities would be funded.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, 
an SE may award subgrants to eligible applicants and technical 
assistance providers.
    (b) Under section 4303(d)(2) of the ESEA, an SE awarding subgrants 
to eligible applicants must use a peer-review process to review 
applications.

    Note:  An eligible applicant (i.e., charter school developer) in 
a State in which no SE has an approved grant application under 
section 4303 of the ESEA may apply for funding directly from the 
Department under the CSP Grants to Developers competition. 
Additional information about the CSP Grants to Developers program 
and any upcoming competitions is available at https://innovation.ed.gov/what-we-do/charter-schools/charter-schools-program-non-state-educational-agencies-non-sea-planning-program-design-and-initial-implementation-grant/.

    4. Other: (a) Reasonable and Necessary Costs: The Secretary may 
elect to impose maximum limits on the amount of subgrant funds that a 
SE may award to an eligible applicant per new charter school created or 
replicated, per charter school expanded, or per new school seat 
created.
    For this competition, the maximum amount of subgrant funds an SE 
may award to a subgrantee per new charter school, replicated high-
quality charter school, or expanding high-quality charter school over a 
five-year subgrant period is $1,250,000.

    Note:  Applicants must ensure that all costs included in the 
proposed budget are necessary and reasonable to meet the goals and 
objectives of the proposed project. Any

[[Page 10461]]

costs determined by the Secretary to be unreasonable or unnecessary 
will be removed from the final approved budget.

    (b) Audits: (i) A non-Federal entity that expends $750,000 or more 
during the non-Federal entity's fiscal year in Federal awards must have 
a single or program-specific audit conducted for that year in 
accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))
    (ii) A non-Federal entity that expends less than $750,000 during 
the non-Federal entity's fiscal year in Federal awards is exempt from 
Federal audit requirements for that year, except as noted in 2 CFR 
200.503 (Relation to other audit requirements), but records must be 
available for review or audit by appropriate officials of the Federal 
agency, pass-through entity, and Government Accountability Office 
(GAO). (2 CFR 200.501(d)).

IV. Application and Submission Information

    1. Application Submission Instructions: For information on how to 
submit an application please refer to our Common Instructions for 
Applicants to Department of Education Discretionary Grant Programs, 
published in the Federal Register on February 12, 2018 (83 FR 6003) and 
available at www.thefederalregister.org/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the State Entities 
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. 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.
    4. Funding Restrictions: In accordance with section 4303(c) of the 
ESEA, an SE receiving a grant under this program shall: (a) Use not 
less than 90 percent of the grant funds to award subgrants to eligible 
applicants, in accordance with the quality charter school program 
described in the SE's application pursuant to section 4303(f), for 
activities related to opening and preparing for the operation of new 
charter schools and replicated high-quality charter schools, or 
expanding high-quality charter schools; (b) reserve not less than seven 
percent of the grant funds to provide technical assistance to eligible 
applicants and authorized public chartering agencies in carrying out 
such activities, and work with authorized public chartering agencies in 
the State to improve authorizing quality, including developing capacity 
for, and conducting, fiscal oversight and auditing of charter schools; 
and (c) reserve not more than three percent of the grant funds for 
administrative costs, which may include technical assistance. An SE may 
use a grant received under this program to provide technical assistance 
and to work with authorized public chartering agencies to improve 
authorizing quality under section 4303(b)(2) of the ESEA directly or 
through grants, contracts, or cooperative agreements.
    Limitation on Grants and Subgrants: Under section 4303(d) of the 
ESEA, a grant awarded by the Secretary to an SE under this competition 
shall be for a period of not more than five years.
    A subgrant awarded by an SE under this program shall be for a 
period of not more than five years, of which an eligible applicant may 
use not more than 18 months for planning and program design. An 
eligible applicant may not receive more than one subgrant under this 
program for each individual charter school for a five-year period, 
unless the eligible applicant demonstrates to the SE that such 
individual charter school has at least three years of improved 
educational results for students enrolled in such charter school, with 
respect to the elements described in section 4310(8)(A) and (D) of the 
ESEA.\4\
---------------------------------------------------------------------------

    \4\ Section 4303(e)(2) of the ESEA prescribes the circumstances 
under which an eligible applicant may be eligible to apply to an SE 
for a second subgrant for an individual charter school for a five-
year period. The eligible applicant still would have to meet all 
program requirements, including the requirements for replicating or 
expanding a high-quality charter school.
---------------------------------------------------------------------------

    Other CSP Grants: A charter school that previously received CSP 
funds for planning or initial implementation under section 5202(c)(2) 
of the ESEA, as amended by NCLB (CFDA number 84.282B), or for the 
replication or expansion of a high-quality charter school under one of 
the Department's Appropriations Acts \5\ (CFDA number 84.282M), is not 
eligible to receive funds from an SE under this program for the same or 
substantially similar activities. However, a high-quality charter 
school (i.e., eligible applicant) that previously received CSP funds 
may be eligible to apply to an SE for additional CSP subgrant funds to 
support the replication (including opening a new campus) or expansion 
of a high-quality charter school.
---------------------------------------------------------------------------

    \5\ Beginning with the Consolidated Appropriations Act, 2010, 
Public Law 111-117, each of the Department's Appropriations Acts 
through the FY 2016 Appropriations Act authorized the Secretary to 
award grants for the replication and expansion of charter schools.
---------------------------------------------------------------------------

    Likewise, a charter school that receives funds from an SE under 
this program is ineligible to receive funds for the same or 
substantially similar activities under section 4305(a)(2) or (b) of the 
ESEA.
    Uses of Subgrant Funds: State entities awarded grants under this 
competition shall award subgrants to eligible applicants to enable such 
eligible applicants to--
    (a) Open and prepare for the operation of new charter schools;
    (b) Open and prepare for the operation of replicated high-quality 
charter schools; or
    (c) Expand high-quality charter schools.
    An eligible applicant receiving a subgrant under this program shall 
use such funds to support activities related to opening and preparing 
for the operation of new charter schools or replicating or expanding 
high-quality charter schools, which shall include one or more of the 
following:
    (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 eligible applicant's 
planning period specified in the application for subgrant funds, one or 
more of the following:
    (A) Teachers.
    (B) School leaders.
    (C) Specialized instructional support personnel.
    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including

[[Page 10462]]

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 
opening, replicating, or expanding high-quality charter schools when 
such costs cannot be met from other sources.
    Diversity of Projects: Each State entity awarding subgrants under 
this competition shall award subgrants in a manner that, to the extent 
practicable and applicable, ensures that such subgrants--
    (a) Are distributed throughout different areas, including urban, 
suburban, and rural areas; and
    (b) Will assist charter schools representing a variety of 
educational approaches.
    Award Basis: In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, 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 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.
    5. Recommended 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 (1) limit the 
application narrative to no more than 60 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended 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 recommended page limit does apply to all of the 
application narrative.
    6. Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar for prospective applicants on 
Wednesday, March 14, 2018, 2:00 p.m., Eastern Time. Individuals 
interested in attending this meeting are encouraged to pre-register by 
emailing their name, organization, and contact information with the 
subject heading ``STATE ENTITIES GRANTS PRE-APPLICATION MEETING'' to 
CharterSchools@ed.gov. There is no registration fee for attending this 
meeting.
    For further information about the pre-application meeting, contact 
Amy Huber, U.S. Department of Education, 400 Maryland Avenue SW, Room 
4W222, Washington, DC 20202-5970. Telephone: (202) 453-6634 or by 
email: amy.huber@ed.gov.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)) and 34 
CFR 75.210. The maximum possible total score an application can receive 
for addressing the criteria is 100 points. The maximum possible score 
for addressing each criterion is indicated in parentheses following the 
criterion.
    (a) Quality of the Project Design (up to 15 points). The Secretary 
considers the quality of the design of the proposed project. In 
determining the quality of the design of the proposed project, the 
Secretary considers:
    (1) The extent to which the proposed project demonstrates a 
rationale (up to 10 points); and
    (2) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 5 points).
    (b) Objectives (up to 20 points): The ambitiousness of the State 
entity's objectives for the quality charter school program carried out 
under the CSP State Entities program.

    Note:  In response to this criterion, an applicant may address 
(or cross reference) some or all of the components of application 
requirements (I)(A)-(G) in this notice, which require the applicant 
to provide a description of the State entity's objectives in running 
a quality charter school program and how the objectives of the 
program will be carried out.

    (c) Quality of Eligible Subgrant Applicants (up to 15 points): The 
likelihood that the eligible applicants receiving subgrants under the 
program will meet those objectives and improve educational results for 
students.
    (d) State Plan (up to 20 points): The State entity's plan to--
    (1) Adequately monitor the eligible applicants receiving subgrants 
under the State entity's program;
    (2) Work with the authorized public chartering agencies involved to 
avoid duplication of work for the charter schools and authorized public 
chartering agencies; and
    (3) Provide technical assistance and support for--
    (i) The eligible applicants receiving subgrants under the State 
entity's program; and
    (ii) Quality authorizing efforts in the State.
    (e) Quality of the Management Plan (up to 15 points). The Secretary 
considers the quality of the management plan for the proposed project. 
In determining the quality of the management plan for the proposed 
project, the Secretary considers:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 10 points); and
    (2) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 5 points).
    (f) Parent and Community Involvement (up to 10 points): The State 
entity's plan to solicit and consider input from parents and other 
members of the community on the implementation and operation of charter 
schools in the State.
    (g) Flexibility (up to 5 points): The degree of flexibility 
afforded by the State's charter school law and how the State entity 
will work to maximize the flexibility provided to charter schools under 
such law.

[[Page 10463]]

    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 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific 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.
    4. 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 the System for Award Management. 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. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. Please refer 
to the Applicable Regulations section to see if an exception under 2 
CFR part 3474 applies for this program. For additional information on 
the open licensing requirements please refer to 2 CFR 3474.20(c).
    4. 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) In accordance with section 4303(i) of the ESEA, each State 
entity receiving a grant under this section must submit to the 
Secretary, at the end of the third year of the five-year grant period 
(or at the end of the second year if the grant period is less than five 
years), and at the end of such grant period, a report that includes the 
following:
    (1) The number of students served by each subgrant awarded under 
this section and, if applicable, the number of new students served 
during each year of the period of the subgrant.
    (2) A description of how the State entity met the objectives of the 
quality charter school program described in the State entity's 
application, including--
    (A) How the State entity met the objective of sharing best and 
promising practices as outlined in section 4303(f)(1)(A)(ix) of the 
ESEA in areas such as instruction, professional development, curricula 
development, and operations between charter schools and other public 
schools; and
    (B) If known, the extent to which such practices were adopted and 
implemented by such other public schools.
    (3) The number and amount of subgrants awarded under this program 
to carry out activities described in section 4303(b)(1)(A) through (C) 
of the ESEA.
    (4) A description of--
    (A) How the State entity complied with, and ensured that eligible 
applicants complied with, the assurances included in the State entity's 
application; and
    (B) How the State entity worked with authorized public chartering 
agencies, and how the agencies worked with the management company or 
leadership of the schools that received subgrant funds under this 
program, if applicable.
    (d) 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.
    5. 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

[[Page 10464]]

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 annual progress 
towards this goal: (1) The number of new charter schools and charter 
school campuses in operation around the Nation; (2) the number of 
states that demonstrate annual increases in 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; (3) the number of states that demonstrate annual 
decreases in the percentage of charter schools that are identified as a 
comprehensive support and improvement school. 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.
    6. 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).
    7. 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. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
the program contact person listed under FOR FURTHER INFORMATION 
CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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: March 6, 2018.
Margo Anderson,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2018-04821 Filed 3-8-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                                             Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                           10455

                                             DEPARTMENT OF DEFENSE                                   acceleration sensitivity and phase noise              for fiscal year (FY) 2018 for CSP—
                                                                                                     using time domain switch’’; U.S. Patent               Grants to State Entities, Catalog of
                                             Department of the Navy                                  No. 8490462 titled ‘‘Auto-ranging for                 Federal Domestic Assistance (CFDA)
                                                                                                     time domain inertial sensor’’; U.S.                   number 84.282A.
                                             Notice of Availability of Government-                   Patent No. 8650955 titled ‘‘Time domain               DATES:
                                             Owned Inventions; Available for                         switched gyroscope’’; U.S. Patent No.                    Applications Available: March 9,
                                             Licensing                                               8875576 titled ‘‘Apparatus and method                 2018.
                                             AGENCY:   Department of the Navy, DoD.                  for providing an in-plane inertial device                Date of Pre-Application Webinar:
                                             ACTION:   Notice.                                       with integrated clock’’; U.S. Patent No.              Wednesday, March 14, 2018, 2:00 p.m.,
                                                                                                     8991250 titled ‘‘Tuning fork gyroscope                Eastern Time.
                                             SUMMARY:   The Department of the Navy                   time domain inertial sensor’’; U.S.                      Deadline for Transmittal of
                                             (DoN) announces the availability of the                 Patent No. 9103673 titled ‘‘Inertial                  Applications: April 20, 2018.
                                             inventions listed below, assigned to the                sensor using sliding plane proximity                     Deadline for Intergovernmental
                                             United States Government, as                            switches’’; U.S. Patent No. 9128496                   Review: June 22, 2018.
                                             represented by the Secretary of the                     titled ‘‘Auto-ranging for time domain                 ADDRESSES: For the addresses for
                                             Navy, for domestic and foreign licensing                extraction of perturbations to sinusoidal             obtaining and submitting an
                                             by the Department of the Navy.                          oscillation’’; U.S. Patent No. 9157814                application, please refer to our Common
                                             ADDRESSES: Requests for copies of the                   titled ‘‘Apparatus and methods for time               Instructions for Applicants to
                                             patents cited should be directed to                     domain measurement using phase                        Department of Education Discretionary
                                             Naval Surface Warfare Center, Crane                     shifted virtual intervals’’; U.S. Patent              Grant Programs, published in the
                                             Div, Code OOL, Bldg 2, 300 Highway                      No. 9705450 titled ‘‘Apparatus and                    Federal Register on February 12, 2018
                                             361, Crane, IN 47522–5001.                              methods for time domain measurement                   (83 FR 6003) and available at
                                             FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                     of oscillation perturbations’’; U.S. Patent           www.gpo.gov/fdsys/pkg/FR-2018-02-12/
                                             Christopher Monsey, Naval Surface                       No. 9715480 titled ‘‘Method for                       pdf/2018-02558.pdf.
                                             Warfare Center, Crane Div, Code OOL,                    analytical reconstruction of digital
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             Bldg 2, 300 Highway 361, Crane, IN                      signals via stitched polynomial fitting’’;
                                                                                                                                                           Amy B. Huber, U.S. Department of
                                             47522–5001, Email                                       as well as any corresponding foreign
                                                                                                                                                           Education, 400 Maryland Avenue SW,
                                             Christopher.Monsey@navy.mil.                            patent applications and any foreign
                                                                                                                                                           Room 4W222, Washington, DC 20202–
                                                                                                     patent issuing thereon, and any re-issue.
                                             SUPPLEMENTARY INFORMATION: The                                                                                5970. Telephone: (202) 453–6634 or by
                                                                                                     DATES: Anyone wishing to object to the
                                             following patents are available for                                                                           email: amy.huber@ed.gov.
                                             licensing: Patent No. 9,857,157 (Navy                   grant of this license has fifteen (15) days              If you use a telecommunications
                                             Case No. 200273): STAND-OFF                             from the publication date of this notice              device for the deaf (TDD) or a text
                                             CHARGE SYSTEM INCLUDING AN                              to file written objections along with                 telephone (TTY), call the Federal Relay
                                             ATTACHMENT BRACKET AND                                  supporting evidence, if any.                          Service (FRS), toll free, at 1–800–877–
                                             RELATED METHODS//Patent No.                             ADDRESSES: Written objections are to be               8339.
                                             9,885,538 (Navy Case No. 200415):                       filed with the Office of Research and
                                                                                                     Technology Applications, Space and                    SUPPLEMENTARY INFORMATION:
                                             ADJUSTABLE ERGONOMIC GRIP FOR
                                             A WEAPON//and Patent No. 9,885,745                      Naval Warfare Systems Center Pacific,                 Full Text of Announcement
                                             (Navy Case No. 200338): APPARATUS                       Code 72120, 53560 Hull St., Bldg. A33,
                                                                                                     Room 2531, San Diego, CA 92152–5001.                  I. Funding Opportunity Description
                                             AND METHOD FOR INTEGRATED
                                             CIRCUIT FORENSICS.                                         File an electronic copy of objections                 Purpose of Program: The major
                                                                                                     with paul.a.herbert@navy.mil.                         purposes of the CSP are to expand
                                                Authority: 35 U.S.C. 207, 37 CFR part 404.                                                                 opportunities for all students,
                                                                                                     FOR FURTHER INFORMATION CONTACT: Mr.
                                               Dated: March 1, 2018.                                 Paul Herbert, 619–553–5118,                           particularly traditionally underserved
                                             E.K. Baldini,                                           paul.a.herbert@navy.mil.                              students, to attend public charter
                                             Lieutenant Commander, Judge Advocate                    (Authority: 35 U.S.C. 209(e); 37 CFR 404.7)           schools and meet challenging State
                                             General’s Corps, U.S. Navy, Federal Register                                                                  academic standards; provide financial
                                             Liaison Officer.                                          Dated: March 1, 2018.                               assistance for the planning, program
                                             [FR Doc. 2018–04809 Filed 3–8–18; 8:45 am]              E.K. Baldini,                                         design, and initial implementation of
                                             BILLING CODE 3810–FF–P
                                                                                                     Lieutenant Commander, Judge Advocate                  charter schools; increase the number of
                                                                                                     General’s Corps, U.S. Navy, Federal Register          high-quality charter schools available to
                                                                                                     Liaison Officer.                                      students across the United States;
                                             DEPARTMENT OF DEFENSE                                   [FR Doc. 2018–04811 Filed 3–8–18; 8:45 am]            evaluate the impact of charter schools
                                                                                                     BILLING CODE 3810–FF–P                                on student achievement, families, and
                                             Department of the Navy                                                                                        communities; share best practices
                                                                                                                                                           between charter schools and other
                                             Notice of Intent To Grant Partially                     DEPARTMENT OF EDUCATION                               public schools; encourage States to
                                             Exclusive Patent License; NXTANT Inc.                                                                         provide facilities support to charter
                                             AGENCY: Department of the Navy, DoD.                    Applications for New Awards;                          schools; and support efforts to
                                                                                                     Expanding Opportunity Through                         strengthen the charter school
                                             ACTION: Notice of intent to grant license.
                                                                                                     Quality Charter Schools Program                       authorizing process.
                                                                                                     (CSP)—Grants to State Entities
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                                             SUMMARY:   The Department of the Navy                                                                            Through the CSP Grants to State
                                             hereby gives notice of its intent to grant              AGENCY: Office of Innovation and                      Entities (CSP State Entities) competition
                                             to NXTANT Inc. a partially exclusive                    Improvement, Department of Education.                 (CFDA number 84.282A, the
                                             license to practice the Government-                     ACTION: Notice.                                       Department awards grants to State
                                             owned inventions described in the                                                                             entities that make subgrants to eligible
                                             following U.S. Patents: U.S. Patent No.                 SUMMARY:   The Department of Education                applicants for the purpose of opening
                                             8427249 titled ‘‘Resonator with reduced                 is issuing a notice inviting applications             new charter schools and replicating and


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                                             10456                            Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             expanding high-quality charter schools.                    • An additional two points to an                      To be eligible to receive points under
                                             Grant funds may also be used to provide                 application that meets competitive                    this priority, an applicant must
                                             technical assistance to eligible                        preference priority 1; and                            demonstrate the extent to which it
                                             applicants and authorized public                           • For competitive preference                       supports charter schools that serve at-
                                             chartering agencies in opening new                      priorities 2 through 6, up to an                      risk students through activities such as
                                             charter schools and replicating and                     additional 23 points, depending on how                dropout prevention, dropout recovery,
                                             expanding high-quality charter schools,                 well an application addresses the                     or comprehensive career counseling
                                             and to work with authorized public                      competitive preference priorities.                    services.
                                             chartering agencies to improve                             An application may receive a total of                 Competitive Preference Priority 6—
                                             authorizing quality, including                          up to 25 additional points under the                  Best Practices for Charter School
                                             developing capacity for, and                            competitive preference priorities.                    Authorizing (up to 5 points).
                                             conducting, fiscal oversight and                           These priorities are:                                 To be eligible to receive points under
                                             auditing of charter schools.                               Competitive Preference Priority 1—At               this priority, an applicant must
                                                                                                     Least One Authorized Public Chartering                demonstrate the extent to which it has
                                               Background: The CSP State Entities                    Agency Other than a Local Educational
                                             program provides financial assistance to                                                                      taken steps to ensure that all authorized
                                                                                                     Agency, or an Appeals Process (0 or 2                 public chartering agencies implement
                                             State entities to support charter schools               points).
                                             that serve elementary and secondary                                                                           best practices for charter school
                                                                                                        To meet this priority, an applicant
                                             school students in a given State. Charter                                                                     authorizing.
                                                                                                     must demonstrate that it is located in a
                                             schools receiving funds under the CSP                   State that—                                             Note: We are interpreting ‘‘best practices
                                             State Entities program also may serve                      (a) Allows at least one entity that is             for charter school authorizing’’ as including,
                                             students in early childhood education                   not a local educational agency (LEA) to               but not limited to, the practices for
                                             programs or postsecondary students.                     be an authorized public chartering                    monitoring of charter schools described in
                                                                                                                                                           Assurance E below.
                                               The CSP State Entities program is                     agency for developers seeking to open a
                                             authorized under the Elementary and                     charter school in the State; or                          Application Requirements:
                                             Secondary Education Act of 1965                            (b) In the case of a State in which                   These application requirements are
                                             (ESEA), as amended by the Every                         LEAs are the only authorized public                   from section 4303(f) of the ESEA (20
                                             Student Succeeds Act (ESSA) (20 U.S.C.                  chartering agencies, the State has an                 U.S.C. 7221b(f)). The Department will
                                             7221–7221j).1 This notice contains                      appeals process for the denial of an                  reject an application that does not meet
                                             information regarding eligibility,                      application for a charter school.                     each application requirement.
                                             priorities, definitions, application                       Competitive Preference Priority 2—                    Under selection criterion (b)
                                             requirements, and selection criteria                    Equitable Financing (up to 6 points).                 Objectives, the Secretary considers the
                                                                                                        To be eligible to receive points under             ambitiousness of the State entity’s
                                             under the amended law.
                                                                                                     this priority, an applicant must                      objectives for its quality charter school
                                               All charter schools receiving CSP                     demonstrate the extent to which the                   program. An applicant may choose to
                                             funds must meet each element of the                     State in which it is located ensures                  respond to some or all of the elements
                                             definition of charter school in section                 equitable financing, as compared to                   of application requirement (I)
                                             4310(2) of the ESEA, including the                      traditional public schools, for charter               Description of Program in the context of
                                             requirement to comply with Federal                      schools and students in a prompt                      its response to selection criterion (b)
                                             civil rights laws, including the Age                    manner.                                               Objectives, and should note the
                                             Discrimination Act of 1975, Title VI of                    Competitive Preference Priority 3—                 locations of the responses accordingly.
                                             the Civil Rights Act of 1964, Title IX of               Charter School Facilities (up to 6                       Applications for funding under the
                                             the Education Amendments of 1972,                       points).                                              CSP State Entities program must contain
                                             section 504 of the Rehabilitation Act of                   To be eligible to receive points under             the following:
                                             1973, the Americans with Disabilities                   this priority, an applicant must                         (I) Description of Program—A
                                             Act of 1990, section 444 of the General                 demonstrate the extent to which the                   description of the State entity’s
                                             Education Provisions Act (GEPA), and                    State in which it is located provides                 objectives in running a quality charter
                                             part B of the Individuals with                          charter schools one or more of the                    school program and how the objectives
                                             Disabilities Education Act (IDEA).                      following:                                            of the program will be carried out,
                                               Priorities: This notice includes six                     (a) Funding for facilities;                        including—
                                             competitive preference priorities. In                      (b) Assistance with facilities
                                                                                                                                                              (A) A description of how the State
                                             accordance with 34 CFR                                  acquisition;
                                                                                                                                                           entity will—
                                                                                                        (c) Access to public facilities;
                                             75.105(b)(2)(iv), these priorities are from                (d) The ability to share in bonds or                  (1) Support the opening of charter
                                             section 4303(g)(2) of the ESEA.                         mill levies;                                          schools through the startup of new
                                               Competitive Preference Priorities: For                   (e) The right of first refusal to                  charter schools and, if applicable, the
                                             FY 2018 and any subsequent year in                      purchase public school buildings; or                  replication of high-quality charter
                                             which we make awards based on the list                     (f) Low- or no-cost leasing privileges.            schools, and the expansion of high-
                                             of unfunded applications from this                         Competitive Preference Priority 4—                 quality charter schools (including the
                                             competition, these priorities are                       Best Practices to Improve Struggling                  proposed number of new charter
                                             competitive preference priorities. Under                Schools and LEAs (up to 3 points).                    schools to be opened, high-quality
                                             34 CFR 75.105(c)(2)(i) we award:                           To be eligible to receive points under             charter schools to be opened as a result
                                                                                                     this priority, an applicant must                      of the replication of a high-quality
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                                               1 Prior to enactment of the ESSA, the ESEA, as        demonstrate the extent to which the                   charter school, or high-quality charter
                                             amended by the No Child Left Behind Act of 2001         State in which it is located uses best                schools to be expanded under the State
                                             (NCLB), authorized the Secretary to make awards to      practices from charter schools to help                entity’s program);
                                             State educational agencies to enable them to            improve struggling schools and LEAs.                     (2) Inform eligible charter schools,
                                             conduct charter school subgrant programs in their
                                             States. Unless otherwise indicated, all references to
                                                                                                        Competitive Preference Priority 5—                 developers, and authorized public
                                             the ESEA in this notice are to the ESEA, as             Serving At-Risk Students (up to 3                     chartering agencies of the availability of
                                             amended by the ESSA.                                    points).                                              funds under the program;


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                                                                                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                                       10457

                                                (3) Work with eligible applicants to                   disadvantaged students (who include                       (2) Is working to develop or
                                             ensure that the eligible applicants                       foster youth and unaccompanied                         strengthen a cohesive statewide system
                                             access all Federal funds that such                        homeless youth); and                                   to support the opening of new charter
                                             applicants are eligible to receive, and                      (b) Supporting all students once they               schools and, if applicable, the
                                             help the charter schools supported by                     are enrolled to promote retention,                     replication of high-quality charter
                                             the applicants and the students                           including by reducing the overuse of                   schools, and the expansion of high-
                                             attending those charter schools—                          discipline practices that remove                       quality charter schools; and
                                                (a) Participate in the Federal programs                students from the classroom;                              (3) Is working to develop or
                                             in which the schools and students are                        (9) Share best and promising practices              strengthen a cohesive strategy to
                                             eligible to participate;                                  between charter schools and other                      encourage collaboration between charter
                                                (b) Receive the commensurate share of                  public schools;                                        schools and LEAs on the sharing of best
                                             Federal funds the schools and students                       (10) Ensure that charter schools                    practices;
                                             are eligible to receive under such                        receiving funds under the State entity’s                  (C) A description of how the State
                                             programs; and                                             program meet the educational needs of                  entity will award subgrants, on a
                                                (c) Meet the needs of students served                  their students, including children with                competitive basis, including—
                                             under such programs, including                            disabilities and English learners;                        (1) A description of the application
                                             students with disabilities 2 and English                     (11) Support efforts to increase charter            each eligible applicant desiring to
                                             learners;                                                 school quality initiatives, including                  receive a subgrant will be required to
                                                (4) Ensure that authorized public                      meeting the quality authorizing                        submit, which application shall
                                             chartering agencies, in collaboration                     elements described in section                          include—
                                             with surrounding LEAs where                               4303(f)(2)(E) of the ESEA;                                (i) A description of the roles and
                                             applicable, establish clear plans and                        (12)(a) In the case of a State entity that          responsibilities of eligible applicants,
                                             procedures to assist students enrolled in                 is not a charter school support                        partner organizations, and charter
                                             a charter school that closes or loses its                 organization, a description of how the                 management organizations, including
                                             charter to attend other high-quality                      State entity will provide oversight of                 the administrative and contractual roles
                                             schools;                                                  authorizing activity, including how the                and responsibilities of such partners;
                                                (5) In the case of a State entity that is              State will help ensure better                             (ii) A description of the quality
                                             not a State educational agency (SEA)—                     authorizing, such as by establishing                   controls agreed to between the eligible
                                                (a) Work with the SEA and charter                      authorizing standards that may include                 applicant and the authorized public
                                             schools in the State to maximize charter                  approving, monitoring, and re-                         chartering agency involved, such as a
                                             school participation in Federal and                       approving or revoking the authority of                 contract or performance agreement, how
                                             State programs for which charter                          an authorized public chartering agency                 a school’s performance in the State’s
                                             schools are eligible; and                                 based on the performance of the charter                accountability system and impact on
                                                (b) Work with the SEA to operate the                   schools authorized by such agency in                   student achievement (which may
                                             State entity’s program under section                      the areas of student achievement,                      include student academic growth) will
                                             4303 of the ESEA, if applicable;                          student safety, financial and operational              be one of the most important factors for
                                                (6) Ensure that each eligible applicant                management, and compliance with all                    renewal or revocation of the school’s
                                             that receives a subgrant under the State                  applicable statutes and regulations; and               charter, and how the State entity and
                                             entity’s program—                                            (b) In the case of a State entity that is           the authorized public chartering agency
                                                (a) Is using funds provided under this                 a charter school support organization, a               involved will reserve the right to revoke
                                             program for one of the activities                         description of how the State entity will               or not renew a school’s charter based on
                                             described in section 4303(b)(1) of the                    work with the State to support the                     financial, structural, or operational
                                             ESEA; and                                                 State’s system of technical assistance                 factors involving the management of the
                                                (b) Is prepared to continue to operate                 and oversight, as described in                         school;
                                             charter schools funded under section                                                                                (iii) A description of how the
                                                                                                       subsection (a), of the authorizing
                                             4303 of the ESEA in a manner                                                                                     autonomy and flexibility granted to a
                                                                                                       activity of authorized public chartering
                                             consistent with the eligible applicant’s                                                                         charter school is consistent with the
                                                                                                       agencies; and
                                             application for such subgrant once the                                                                           definition of charter school in section
                                                                                                          (13) Work with eligible applicants
                                             subgrant funds under this program are                                                                            4310 of the ESEA;
                                                                                                       receiving a subgrant under the State                      (iv) A description of how the eligible
                                             no longer available;                                      entity’s program to support the opening
                                                (7) Support—                                                                                                  applicant will solicit and consider input
                                                                                                       of new charter schools or charter school               from parents and other members of the
                                                (a) Charter schools in LEAs with a                     models described in application
                                             significant number of schools identified                                                                         community on the implementation and
                                                                                                       requirement (I)(A)(1) that are high                    operation of each charter school that
                                             by the State for comprehensive support                    schools;
                                             and improvement under section                                                                                    will receive funds under the State
                                                                                                          (B) A description of the extent to                  entity’s program;
                                             1111(c)(4)(D)(i) of the ESEA; and                         which the State entity—
                                                (b) The use of charter schools to                                                                                (v) A description of the eligible
                                                                                                          (1) Is able to meet and carry out                   applicant’s planned activities and
                                             improve struggling schools, or to turn                    competitive preference priorities 1
                                             around struggling schools;                                                                                       expenditures of subgrant funds to
                                                                                                       through 6; 3                                           support opening and preparing for the
                                                (8) Work with charter schools on—
                                                (a) Recruitment and enrollment                           3 In accordance with 34 CFR 105(c)(2)(i),
                                                                                                                                                              operation of new charter schools,
                                             practices to promote inclusion of all                     applications are not required to address competitive   opening and preparing for the operation
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                                             students, including by eliminating any                    preference priorities but may receive additional       of replicated high-quality charter
                                             barriers to enrollment for educationally
                                                                                                       points if they do so. However, to meet this            schools, or expanding high-quality
                                                                                                       application requirement, the State entity must         charter schools, and how the eligible
                                                                                                       describe the extent to which it is able to meet and
                                               2 For purposes of this notice, ‘‘students with          carry out competitive preference priorities 1          applicant will maintain financial
                                             disabilities’’ or ‘‘student with a disability’’ has the   through 6. If the State entity is unable to meet and
                                             same meaning as children with disabilities or child       carry out one or more of these competitive             priority should state that the State entity is unable
                                             with a disability.                                        preference priorities, the description for that        to meet or carry out the priority.



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                                             10458                           Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             sustainability after the end of the                     appropriate, graduation rates, student                schools, that will be waived or
                                             subgrant period; and                                    academic growth, and rates of student                 otherwise not apply to such schools.
                                                (vi) A description of how the eligible               attrition;                                               Definitions: The following definitions
                                             applicant will support the use of                          (2) Reviewing the schools’                         are from sections 4303(a), 4310, and
                                             effective parent, family, and community                 independent, annual audits of financial               8101 of the ESEA (20 U.S.C. 7221b(a),
                                             engagement strategies to operate each                   statements prepared in accordance with                7221i, and 7801); and 34 CFR 77.1.
                                             charter school that will receive funds                  generally accepted accounting                            Ambitious means promoting
                                             under the State entity’s program; and                   principles and ensuring that any such                 continued, meaningful improvement for
                                                (2) A description of how the State                   audits are publically reported; and                   program participants or for other
                                             entity will review applications from                       (3) Holding charter schools                        individuals or entities affected by the
                                             eligible applicants;                                    accountable to the academic, financial,               grant, or representing a significant
                                                (D) In the case of a State entity that               and operational quality controls agreed               advancement in the field of education
                                             partners with an outside organization to                to between the charter school and the                 research, practices, or methodologies.
                                             carry out the State entity’s quality                    authorized public chartering agency                   When used to describe a performance
                                             charter school program, in whole or in                  involved, such as renewal, non-renewal,               target, whether a performance target is
                                             part, a description of the roles and                    or revocation of the school’s charter;                ambitious depends upon the context of
                                             responsibilities of the partner;                           (F) The State entity will work to                  the relevant performance measure and
                                                (E) A description of how the State                   ensure that charter schools are included              the baseline for that measure. (34 CFR
                                             entity will ensure that each charter                    with the traditional public schools in                77.1)
                                             school receiving funds under the State                  decisionmaking about the public school
                                                                                                                                                              Authorized public chartering agency
                                             entity’s program has considered and                     system in the State; and
                                                                                                        (G) The State entity will ensure that              means a State educational agency, local
                                             planned for the transportation needs of
                                                                                                     each charter school receiving funds                   educational agency, or other public
                                             the school’s students;
                                                (F) A description of how the State in                under the State entity’s program makes                entity that has the authority pursuant to
                                             which the State entity is located                       publicly available, consistent with the               State law and approved by the Secretary
                                             addresses charter schools in the State’s                dissemination requirements of the                     to authorize or approve a charter school.
                                             open meetings and open records laws;                    annual State report card under section                (ESEA section 4310(1))
                                             and                                                     1111(h) of the ESEA, including on the                    Baseline means the starting point
                                                (G) A description of how the State                   website of the school, information to                 from which performance is measured
                                             entity will support diverse charter                     help parents make informed decisions                  and targets are set. (34 CFR 77.1)
                                             school models, including models that                    about the education options available to                 Charter school means a public school
                                             serve rural communities.                                their children, including—                            that—
                                                (II) Assurances—Assurances that—                        (1) Information on the educational                    (a) In accordance with a specific State
                                                (A) Each charter school receiving                    program;                                              statute authorizing the granting of
                                             funds through the State entity’s program                   (2) Student support services;                      charters to schools, is exempt from
                                             will have a high degree of autonomy                        (3) Parent contract requirements (as               significant State or local rules that
                                             over budget and operations, including                   applicable), including any financial                  inhibit the flexible operation and
                                             autonomy over personnel decisions;                      obligations or fees;                                  management of public schools, but not
                                                (B) The State entity will support                       (4) Enrollment criteria (as applicable);           from any rules relating to the other
                                             charter schools in meeting the                          and                                                   requirements of this definition;
                                             educational needs of their students,                       (5) Annual performance and                            (b) Is created by a developer as a
                                             including children with disabilities and                enrollment data for each of the                       public school, or is adapted by a
                                             English learners;                                       subgroups of students, as defined in                  developer from an existing public
                                                (C) The State entity will ensure that                section 1111(c)(2) of the ESEA, except                school, and is operated under public
                                             the authorized public chartering agency                 that such disaggregation of performance               supervision and direction;
                                             of any charter school that receives funds               and enrollment data shall not be                         (c) Operates in pursuit of a specific set
                                             under the State entity’s program                        required in a case in which the number                of educational objectives determined by
                                             adequately monitors each charter school                 of students in a group is insufficient to             the school’s developer and agreed to by
                                             under the authority of such agency in                   yield statistically reliable information or           the authorized public chartering agency;
                                             recruiting, enrolling, retaining, and                   the results would reveal personally
                                                                                                                                                              (d) Provides a program of elementary
                                             meeting the needs of all students,                      identifiable information about an
                                                                                                                                                           or secondary education, or both;
                                             including children with disabilities and                individual student.
                                             English learners;                                          (III) Waivers—Requests for                            (e) Is nonsectarian in its programs,
                                                (D) The State entity will provide                    information about waivers, including—                 admissions policies, employment
                                             adequate technical assistance to eligible                  (A) A request and justification for                practices, and all other operations, and
                                             applicants to meet the objectives                       waivers of any Federal statutory or                   is not affiliated with a sectarian school
                                             described in application requirement                    regulatory provisions that the State                  or religious institution;
                                             (I)(A)(8) in this notice;                               entity believes are necessary for the                    (f) Does not charge tuition;
                                                (E) The State entity will promote                    successful operation of the charter                      (g) Complies with the Age
                                             quality authorizing, consistent with                    schools that will receive funds under                 Discrimination Act of 1975, title VI of
                                             State law, such as through providing                    the State entity’s program under section              the Civil Rights Act of 1964, title IX of
                                             technical assistance to support each                    4303 of the ESEA or, in the case of a                 the Education Amendments of 1972,
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                                             authorized public chartering agency in                  State entity that is a charter school                 section 504 of the Rehabilitation Act of
                                             the State to improve such agency’s                      support organization, a description of                1973, the Americans with Disabilities
                                             ability to monitor the charter schools                  how the State entity will work with the               Act of 1990 (42 U.S.C. 12101 et seq.),
                                             authorized by the agency, including                     State to request such necessary waivers,              section 444 of GEPA (20 U.S.C. 1232g)
                                             by—                                                     where applicable; and                                 (commonly referred to as the ‘‘Family
                                                (1) Assessing annual performance                        (B) A description of any State or local            Educational Rights and Privacy Act of
                                             data of the schools, including, as                      rules, generally applicable to public                 1974’’) and part B of the IDEA;


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                                                                             Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                             10459

                                                (h) Is a school to which parents                     impairments, visual impairments                          (b) Provided adequate and timely
                                             choose to send their children, and                      (including blindness), serious emotional              notice to that authority. (ESEA section
                                             that—                                                   disturbance (referred to as ‘‘emotional               4310(6))
                                                (1) Admits students on the basis of a                disturbance’’), orthopedic impairments,                  English learner, when used with
                                             lottery, consistent with section                        autism, traumatic brain injury, other                 respect to an individual, means an
                                             4303(c)(3)(A) of the ESEA, if more                      health impairments, or specific learning              individual—
                                             students apply for admission than can                   disabilities; and (ii) who, by reason                    (a) Who is aged 3 through 21;
                                             be accommodated; or                                     thereof, needs special education and                     (b) Who is enrolled or preparing to
                                                (2) In the case of a school that has an              related services.                                     enroll in an elementary school or
                                             affiliated charter school (such as a                       (b) For a child aged 3 through 9 (or               secondary school;
                                             school that is part of the same network                 any subset of that age range, including                  (c)(1) Who was not born in the United
                                             of schools), automatically enrolls                      ages 3 through 5), may, at the discretion             States or whose native language is a
                                             students who are enrolled in the                        of the State and the local educational                language other than English;
                                             immediate prior grade level of the                      agency, include a child (i) experiencing                 (2)(i) Who is a Native American or
                                             affiliated charter school and, for any                  developmental delays, as defined by the               Alaska Native, or a native resident of the
                                             additional student openings or student                  State and as measured by appropriate                  outlying areas; and
                                             openings created through regular                        diagnostic instruments and procedures,                   (ii) Who comes from an environment
                                             attrition in student enrollment in the                  in one or more of the following areas:                where a language other than English has
                                             affiliated charter school and the                       Physical development; cognitive                       had a significant impact on the
                                             enrolling school, admits students on the                development; communication                            individual’s level of English language
                                             basis of a lottery as described in                      development; social or emotional                      proficiency; or
                                             paragraph (1);                                          development; or adaptive development;                    (3) Who is migratory, whose native
                                                (i) Agrees to comply with the same                   and (ii) who, by reason thereof, needs                language is a language other than
                                             Federal and State audit requirements as                 special education and related services.               English, and who comes from an
                                             do other elementary schools and                         (ESEA section 8101(4))                                environment where a language other
                                             secondary schools in the State, unless                     Demonstrates a rationale means a key               than English is dominant; and
                                             such State audit requirements are                                                                                (d) Whose difficulties in speaking,
                                                                                                     project component included in the
                                             waived by the State;                                                                                          reading, writing, or understanding the
                                                                                                     project’s logic model is informed by
                                                (j) Meets all applicable Federal, State,                                                                   English language may be sufficient to
                                                                                                     research or evaluation findings that
                                             and local health and safety                                                                                   deny the individual—
                                                                                                     suggest the project component is likely
                                             requirements;                                                                                                    (1) The ability to meet the challenging
                                                                                                     to improve relevant outcomes. (34 CFR
                                                (k) Operates in accordance with State                                                                      State academic standards;
                                                                                                     77.1)                                                    (2) The ability to successfully achieve
                                             law;                                                       Developer means an individual or
                                                (l) Has a written performance contract                                                                     in classrooms where the language of
                                                                                                     group of individuals (including a public              instruction is English; or
                                             with the authorized public chartering
                                                                                                     or private nonprofit organization),                      (3) The opportunity to participate
                                             agency in the State that includes a
                                                                                                     which may include teachers,                           fully in society. (ESEA section 8101(20))
                                             description of how student performance
                                                                                                     administrators and other school staff,                   Expand, when used with respect to a
                                             will be measured in charter schools
                                                                                                     parents, or other members of the local                high-quality charter school, means to
                                             pursuant to State assessments that are
                                                                                                     community in which a charter school                   significantly increase enrollment or add
                                             required of other schools and pursuant
                                                                                                     project will be carried out. (ESEA                    one or more grades to the high-quality
                                             to any other assessments mutually
                                                                                                     section 4310(5))                                      charter school. (ESEA section 4310(7))
                                             agreeable to the authorized public
                                                                                                        Early childhood education program                     High-quality charter school means a
                                             chartering agency and the charter
                                                                                                     means (A) a Head Start program or an                  charter school that—
                                             school; and
                                                (m) May serve students in early                      Early Head Start program carried out                     (a) Shows evidence of strong
                                             childhood educational programs or                       under the Head Start Act (42 U.S.C.                   academic results, which may include
                                             postsecondary students. (ESEA section                   9831 et seq.), including a migrant or                 strong student academic growth, as
                                             4310(2))                                                seasonal Head Start program, an Indian                determined by a State;
                                                Charter management organization                      Head Start program, or a Head Start                      (b) Has no significant issues in the
                                             means a nonprofit organization that                     program or an Early Head Start program                areas of student safety, financial and
                                             operates or manages a network of                        that also receives State funding; (B) a               operational management, or statutory or
                                             charter schools linked by centralized                   State licensed or regulated child care                regulatory compliance;
                                             support, operations, and oversight.                     program; or (C) a program that (i) serves                (c) Has demonstrated success in
                                             (ESEA section 4310(3))                                  children from birth through age six that              significantly increasing student
                                                Charter school support organization                  addresses the children’s cognitive                    academic achievement, including
                                             means a nonprofit, non-governmental                     (including language, early literacy, and              graduation rates where applicable, for
                                             entity that is not an authorized public                 early mathematics), social, emotional,                all students served by the charter
                                             chartering agency and provides, on a                    and physical development; and (ii) is (I)             school; and
                                             statewide basis—                                        a State prekindergarten program; (II) a                  (d) Has demonstrated success in
                                                (a) Assistance to developers during                  program authorized under section 619                  increasing student academic
                                             the planning, program design, and                       or part C of the Individuals with                     achievement, including graduation rates
                                             initial implementation of a charter                     Disabilities Education Act; or (III) a                where applicable, for each of the
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                                             school; and                                             program operated by a local educational               subgroups of students, as defined in
                                                (b) Technical assistance to operating                agency. (ESEA section 8101(16))                       section 1111(c)(2) of the ESEA, except
                                             charter schools. (ESEA section 4310(4))                    Eligible applicant means a developer               that such demonstration is not required
                                                Child with a disability means—                       that has—                                             in a case in which the number of
                                                (a) A child (i) with intellectual                       (a) Applied to an authorized public                students in a group is insufficient to
                                             disabilities, hearing impairments                       chartering authority to operate a charter             yield statistically reliable information or
                                             (including deafness), speech or language                school; and                                           the results would reveal personally


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                                             10460                           Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             identifiable information about an                         Program Authority: Title IV, part C of              Accordingly, no SE may receive a grant
                                             individual student. (ESEA section                       the ESEA (20 U.S.C. 7221–7221j).                      under this competition for use in a State
                                             4310(8))                                                  Applicable Regulations: (a) The                     in which an SE received a new State
                                                Logic model (also referred to as theory              Education Department General                          Entities grant in FY 2017 and is
                                             of action) means a framework that                       Administrative Regulations in 34 CFR                  currently using the grant; these States
                                             identifies key project components of the                parts 75, 76, 77, 79, 81, 82, 84, 97, 98,             are Indiana, Maryland, Minnesota,
                                             proposed project (i.e., the active                      and 99. (b) The Office of Management                  Mississippi, New Mexico, Oklahoma,
                                             ‘‘ingredients’’ that are hypothesized to                and Budget Guidelines to Agencies on                  Rhode Island, Texas, and Wisconsin.
                                             be critical to achieving the relevant                   Governmentwide Debarment and                          SEs in States in which an SEA has a
                                             outcomes) and describes the theoretical                 Suspension (Nonprocurement) in 2 CFR                  current CSP grant for SEAs that was
                                             and operational relationships among the                 part 180, as adopted and amended as                   awarded prior to FY 2017, under the
                                             key project components and relevant                     regulations of the Department in 2 CFR                ESEA, as amended by NCLB, are eligible
                                             outcomes. (34 CFR 77.1)                                 part 3485. (c) The Uniform                            to apply for a CSP State Entities grant
                                                Parent includes a legal guardian or                  Administrative Requirements, Cost                     under this competition, so long as no
                                             other person standing in loco parentis                  Principles, and Audit Requirements for                other SE in the State has a current CSP
                                             (such as a grandparent or stepparent                    Federal Awards in 2 CFR part 200, as                  State Entities grant.
                                             with whom the child lives, or a person                  adopted and amended in 2 CFR part                       In addition, consistent with section
                                             who is legally responsible for the child’s              3474.                                                 4303(e)(1) of the ESEA, if multiple SEs
                                             welfare). (ESEA section 8101(38))                                                                             in a State submit applications that
                                                                                                     II. Award Information
                                                Performance measure means any                                                                              receive high enough scores to be
                                             quantitative indicator, statistic, or                      Type of Award: Discretionary grant.                recommended for funding under this
                                             metric used to gauge program or project                    Estimated Available Funds: The                     competition, only the highest-scoring
                                             performance. (34 CFR 77.1)                              Administration has requested                          application among such State entities
                                                Performance target means a level of                  $500,000,000 for the CSP for FY 2018,                 would be funded.
                                             performance that an applicant would                     of which we would use an estimated                      2. Cost Sharing or Matching: This
                                             seek to meet during the course of a                     $150,000,000 for new awards under this                program does not require cost sharing or
                                             project or as a result of a project. (34                competition. The actual level of                      matching.
                                             CFR 77.1)                                               funding, if any, depends on final                       3. Subgrantees: (a) Under section
                                                Project component means an activity,                 congressional action. However, we are                 4303(b) and (c)(2) of the ESEA, an SE
                                             strategy, intervention, process, product,               inviting applications to allow enough                 may award subgrants to eligible
                                             practice, or policy included in a project.              time to complete the grant process if                 applicants and technical assistance
                                             Evidence may pertain to an individual                   Congress appropriates funds for this                  providers.
                                             project component or to a combination                   program.                                                 (b) Under section 4303(d)(2) of the
                                                                                                        Contingent upon the availability of                ESEA, an SE awarding subgrants to
                                             of project components (e.g., training
                                                                                                     funds and the quality of applications,                eligible applicants must use a peer-
                                             teachers on instructional practices for
                                                                                                     we may make additional awards in FY                   review process to review applications.
                                             English learners and follow-on coaching
                                                                                                     2019 from the list of unfunded
                                             for these teachers). (34 CFR 77.1)                                                                              Note: An eligible applicant (i.e., charter
                                                                                                     applications from this competition.
                                                Replicate, when used with respect to                    Estimated Range of Awards:                         school developer) in a State in which no SE
                                             a high-quality charter school, means to                                                                       has an approved grant application under
                                                                                                     $2,000,000 to $25,000,000 per year.                   section 4303 of the ESEA may apply for
                                             open a new charter school, or a new                        Estimated Average Size of Awards:
                                             campus of a high-quality charter school,                                                                      funding directly from the Department under
                                                                                                     $10,000,000 per year.                                 the CSP Grants to Developers competition.
                                             based on the educational model of an                       Maximum Award: See Reasonable                      Additional information about the CSP Grants
                                             existing high-quality charter school,                   and Necessary Costs in section III.4.(a)              to Developers program and any upcoming
                                             under an existing charter or an                         of this notice for information regarding              competitions is available at https://
                                             additional charter, if permitted or                     the maximum amount of funds that                      innovation.ed.gov/what-we-do/charter-
                                             required by State law. (ESEA section                    State entities may award for each                     schools/charter-schools-program-non-state-
                                             4310(9))                                                charter school receiving subgrant funds.              educational-agencies-non-sea-planning-
                                                Relevant outcome means the student                      Estimated Number of Awards: 3–8.                   program-design-and-initial-implementation-
                                             outcome(s) or other outcome(s) the key                                                                        grant/.
                                                                                                       Note: The Department is not bound by any
                                             project component is designed to                        estimates in this notice. The estimated range           4. Other: (a) Reasonable and
                                             improve, consistent with the specific                   and average size of awards are based on a             Necessary Costs: The Secretary may
                                             goals of the program. (34 CFR 77.1)                     single 12-month budget period. We may use             elect to impose maximum limits on the
                                                State means each of the 50 States, the               FY 2018 funds to support multiple 12-month            amount of subgrant funds that a SE may
                                             District of Columbia, the                               budget periods for one or more grantees.              award to an eligible applicant per new
                                             Commonwealth of Puerto Rico, and                          Project Period: Up to five years.                   charter school created or replicated, per
                                             each of the outlying areas. (ESEA                                                                             charter school expanded, or per new
                                             section 8101(48))                                       III. Eligibility Information                          school seat created.
                                                State educational agency means the                      1. Eligible Applicants: State entities               For this competition, the maximum
                                             agency primarily responsible for the                    (SEs) in States with a specific State                 amount of subgrant funds an SE may
                                             State supervision of public elementary                  statute authorizing the granting of                   award to a subgrantee per new charter
                                             schools and secondary schools. (ESEA                    charters to schools.                                  school, replicated high-quality charter
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                                             section 8101(49))                                          Under section 4303(e)(1) of the ESEA,              school, or expanding high-quality
                                                State entity means—                                  no SE may receive a grant under this                  charter school over a five-year subgrant
                                                (a) A State educational agency;                      competition for use in a State in which               period is $1,250,000.
                                                (b) A State charter school board;                    an SE has a current CSP State Entities                  Note: Applicants must ensure that all costs
                                                (c) A Governor of a State; or                        grant. The Department has made one set                included in the proposed budget are
                                                (d) A charter school support                         of new section 4303 of the ESEA CSP                   necessary and reasonable to meet the goals
                                             organization. (ESEA section 4303(a))                    State Entities grants, in FY 2017.                    and objectives of the proposed project. Any



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                                                                             Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                                       10461

                                             costs determined by the Secretary to be                 Intergovernmental Review of Federal                       Other CSP Grants: A charter school
                                             unreasonable or unnecessary will be removed             Programs under Executive Order 12372                    that previously received CSP funds for
                                             from the final approved budget.                         is in the application package for this                  planning or initial implementation
                                               (b) Audits: (i) A non-Federal entity                  competition.                                            under section 5202(c)(2) of the ESEA, as
                                             that expends $750,000 or more during                       4. Funding Restrictions: In accordance               amended by NCLB (CFDA number
                                             the non-Federal entity’s fiscal year in                 with section 4303(c) of the ESEA, an SE                 84.282B), or for the replication or
                                             Federal awards must have a single or                    receiving a grant under this program                    expansion of a high-quality charter
                                             program-specific audit conducted for                    shall: (a) Use not less than 90 percent of              school under one of the Department’s
                                             that year in accordance with the                        the grant funds to award subgrants to                   Appropriations Acts 5 (CFDA number
                                             provisions of 2 CFR part 200. (2 CFR                    eligible applicants, in accordance with                 84.282M), is not eligible to receive
                                             200.501(a))                                             the quality charter school program                      funds from an SE under this program for
                                               (ii) A non-Federal entity that expends                described in the SE’s application                       the same or substantially similar
                                             less than $750,000 during the non-                      pursuant to section 4303(f), for activities             activities. However, a high-quality
                                             Federal entity’s fiscal year in Federal                 related to opening and preparing for the                charter school (i.e., eligible applicant)
                                             awards is exempt from Federal audit                     operation of new charter schools and                    that previously received CSP funds may
                                             requirements for that year, except as                   replicated high-quality charter schools,                be eligible to apply to an SE for
                                             noted in 2 CFR 200.503 (Relation to                     or expanding high-quality charter                       additional CSP subgrant funds to
                                             other audit requirements), but records                  schools; (b) reserve not less than seven                support the replication (including
                                             must be available for review or audit by                percent of the grant funds to provide                   opening a new campus) or expansion of
                                             appropriate officials of the Federal                    technical assistance to eligible                        a high-quality charter school.
                                             agency, pass-through entity, and                        applicants and authorized public                          Likewise, a charter school that
                                             Government Accountability Office                        chartering agencies in carrying out such                receives funds from an SE under this
                                             (GAO). (2 CFR 200.501(d)).                              activities, and work with authorized                    program is ineligible to receive funds for
                                             IV. Application and Submission                          public chartering agencies in the State                 the same or substantially similar
                                             Information                                             to improve authorizing quality,                         activities under section 4305(a)(2) or (b)
                                                                                                     including developing capacity for, and                  of the ESEA.
                                                1. Application Submission                            conducting, fiscal oversight and                          Uses of Subgrant Funds: State entities
                                             Instructions: For information on how to                 auditing of charter schools; and (c)                    awarded grants under this competition
                                             submit an application please refer to our               reserve not more than three percent of                  shall award subgrants to eligible
                                             Common Instructions for Applicants to                   the grant funds for administrative costs,               applicants to enable such eligible
                                             Department of Education Discretionary                   which may include technical assistance.                 applicants to—
                                             Grant Programs, published in the                        An SE may use a grant received under                      (a) Open and prepare for the operation
                                             Federal Register on February 12, 2018                   this program to provide technical                       of new charter schools;
                                             (83 FR 6003) and available at                           assistance and to work with authorized                    (b) Open and prepare for the
                                             www.gpo.gov/fdsys/pkg/FR-2018-02-12/                    public chartering agencies to improve                   operation of replicated high-quality
                                             pdf/2018-02558.pdf.                                     authorizing quality under section                       charter schools; or
                                                2. Submission of Proprietary                         4303(b)(2) of the ESEA directly or                        (c) Expand high-quality charter
                                             Information: Given the types of projects                through grants, contracts, or cooperative               schools.
                                             that may be proposed in applications for                agreements.                                               An eligible applicant receiving a
                                             the State Entities grant competition,                      Limitation on Grants and Subgrants:                  subgrant under this program shall use
                                             your application may include business                   Under section 4303(d) of the ESEA, a                    such funds to support activities related
                                             information that you consider                           grant awarded by the Secretary to an SE                 to opening and preparing for the
                                             proprietary. In 34 CFR 5.11 we define                   under this competition shall be for a                   operation of new charter schools or
                                             ‘‘business information’’ and describe the               period of not more than five years.                     replicating or expanding high-quality
                                             process we use in determining whether                      A subgrant awarded by an SE under                    charter schools, which shall include one
                                             any of that information is proprietary                  this program shall be for a period of not               or more of the following:
                                             and, thus, protected from disclosure                    more than five years, of which an                         (a) Preparing teachers, school leaders,
                                             under Exemption 4 of the Freedom of                     eligible applicant may use not more                     and specialized instructional support
                                             Information Act (5 U.S.C. 552, as                       than 18 months for planning and                         personnel, including through paying
                                             amended).                                               program design. An eligible applicant                   costs associated with—
                                                Because we plan to make successful                   may not receive more than one subgrant                    (i) Providing professional
                                             applications available to the public, you               under this program for each individual                  development; and
                                             may wish to request confidentiality of                  charter school for a five-year period,                    (ii) Hiring and compensating, during
                                             business information.                                   unless the eligible applicant                           the eligible applicant’s planning period
                                                Consistent with Executive Order                      demonstrates to the SE that such                        specified in the application for subgrant
                                             12600, please designate in your                         individual charter school has at least                  funds, one or more of the following:
                                             application any information that you                    three years of improved educational                       (A) Teachers.
                                             feel is exempt from disclosure under                    results for students enrolled in such                     (B) School leaders.
                                             Exemption 4. In the appropriate                         charter school, with respect to the                       (C) Specialized instructional support
                                             Appendix section of your application,                   elements described in section                           personnel.
                                             under ‘‘Other Attachments Form,’’                       4310(8)(A) and (D) of the ESEA.4                          (b) Acquiring supplies, training,
                                             please list the page number or numbers                                                                          equipment (including technology), and
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                                             on which we can find this information.                    4 Section 4303(e)(2) of the ESEA prescribes the       educational materials (including
                                             For additional information please see 34                circumstances under which an eligible applicant
                                             CFR 5.11(c).                                            may be eligible to apply to an SE for a second            5 Beginning with the Consolidated

                                                3. Intergovernmental Review: This                    subgrant for an individual charter school for a five-   Appropriations Act, 2010, Public Law 111–117,
                                                                                                     year period. The eligible applicant still would have    each of the Department’s Appropriations Acts
                                             program is subject to Executive Order                   to meet all program requirements, including the         through the FY 2016 Appropriations Act authorized
                                             12372 and the regulations in 34 CFR                     requirements for replicating or expanding a high-       the Secretary to award grants for the replication and
                                             part 79. Information about                              quality charter school.                                 expansion of charter schools.



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                                             10462                           Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             developing and acquiring instructional                  application narrative, including titles,                (b) Objectives (up to 20 points): The
                                             materials).                                             headings, footnotes, quotations,                      ambitiousness of the State entity’s
                                                (c) Carrying out necessary renovations               references, and captions, as well as all              objectives for the quality charter school
                                             to ensure that a new school building                    text in charts, tables, figures, and                  program carried out under the CSP State
                                             complies with applicable statutes and                   graphs.                                               Entities program.
                                             regulations, and minor facilities repairs                  • Use a font that is either 12 point or              Note: In response to this criterion, an
                                             (excluding construction).                               larger or no smaller than 10 pitch                    applicant may address (or cross reference)
                                                (d) Providing one-time, startup costs                (characters per inch).                                some or all of the components of application
                                             associated with providing transportation                   • Use one of the following fonts:                  requirements (I)(A)–(G) in this notice, which
                                             to students to and from the charter                     Times New Roman, Courier, Courier                     require the applicant to provide a description
                                             school.                                                 New, or Arial.                                        of the State entity’s objectives in running a
                                                (e) Carrying out community                                                                                 quality charter school program and how the
                                                                                                        The recommended page limit does not
                                             engagement activities, which may                                                                              objectives of the program will be carried out.
                                                                                                     apply to Part I, the cover sheet; Part II,
                                             include paying the cost of student and                  the budget section, including the                        (c) Quality of Eligible Subgrant
                                             staff recruitment.                                      narrative budget justification; Part IV,              Applicants (up to 15 points): The
                                                (f) Providing for other appropriate,                 the assurances and certifications; or the             likelihood that the eligible applicants
                                             non-sustained costs related to opening,                 one-page abstract, the resumes, the                   receiving subgrants under the program
                                             replicating, or expanding high-quality                  bibliography, or the letters of support.              will meet those objectives and improve
                                             charter schools when such costs cannot                  However, the recommended page limit                   educational results for students.
                                             be met from other sources.                              does apply to all of the application                     (d) State Plan (up to 20 points): The
                                                Diversity of Projects: Each State entity                                                                   State entity’s plan to—
                                                                                                     narrative.
                                             awarding subgrants under this                                                                                    (1) Adequately monitor the eligible
                                                                                                        6. Pre-Application Webinar
                                             competition shall award subgrants in a                                                                        applicants receiving subgrants under the
                                                                                                     Information: The Department will hold
                                             manner that, to the extent practicable                                                                        State entity’s program;
                                                                                                     a pre-application meeting via webinar
                                             and applicable, ensures that such                                                                                (2) Work with the authorized public
                                                                                                     for prospective applicants on
                                             subgrants—                                                                                                    chartering agencies involved to avoid
                                                (a) Are distributed throughout                       Wednesday, March 14, 2018, 2:00 p.m.,
                                                                                                     Eastern Time. Individuals interested in               duplication of work for the charter
                                             different areas, including urban,                                                                             schools and authorized public
                                             suburban, and rural areas; and                          attending this meeting are encouraged to
                                                                                                     pre-register by emailing their name,                  chartering agencies; and
                                                (b) Will assist charter schools                                                                               (3) Provide technical assistance and
                                             representing a variety of educational                   organization, and contact information
                                                                                                                                                           support for—
                                             approaches.                                             with the subject heading ‘‘STATE                         (i) The eligible applicants receiving
                                                Award Basis: In determining whether                  ENTITIES GRANTS PRE-APPLICATION                       subgrants under the State entity’s
                                             to approve a grant award and the                        MEETING’’ to CharterSchools@ed.gov.                   program; and
                                             amount of such award, the Department                    There is no registration fee for attending               (ii) Quality authorizing efforts in the
                                             will consider, among other things, the                  this meeting.                                         State.
                                             applicant’s performance and use of                         For further information about the pre-                (e) Quality of the Management Plan
                                             funds under a previous or existing                      application meeting, contact Amy                      (up to 15 points). The Secretary
                                             award under any Department program                      Huber, U.S. Department of Education,                  considers the quality of the management
                                             (34 CFR 75.217(d)(3)(ii) and 233(b)). In                400 Maryland Avenue SW, Room                          plan for the proposed project. In
                                             assessing the applicant’s performance                   4W222, Washington, DC 20202–5970.                     determining the quality of the
                                             and use of funds under a previous or                    Telephone: (202) 453–6634 or by email:                management plan for the proposed
                                             existing award, the Secretary will                      amy.huber@ed.gov.                                     project, the Secretary considers:
                                             consider, among other things, the                       V. Application Review Information                        (1) The adequacy of the management
                                             outcomes the applicant has achieved                                                                           plan to achieve the objectives of the
                                             and the results of any Departmental                       1. Selection Criteria: The selection                proposed project on time and within
                                             grant monitoring, including the                         criteria for this competition are from                budget, including clearly defined
                                             applicant’s progress in remedying any                   section 4303(g)(1) of the ESEA (20                    responsibilities, timelines, and
                                             deficiencies identified in such                         U.S.C. 7221b(g)(1)) and 34 CFR 75.210.                milestones for accomplishing project
                                             monitoring.                                             The maximum possible total score an                   tasks (up to 10 points); and
                                                We reference additional regulations                  application can receive for addressing                   (2) The extent to which the time
                                             outlining funding restrictions in the                   the criteria is 100 points. The maximum               commitments of the project director and
                                             Applicable Regulations section of this                  possible score for addressing each                    principal investigator and other key
                                             notice.                                                 criterion is indicated in parentheses                 project personnel are appropriate and
                                                5. Recommended Page Limit: The                       following the criterion.                              adequate to meet the objectives of the
                                             application narrative (Part III of the                    (a) Quality of the Project Design (up               proposed project (up to 5 points).
                                             application) is where you, the applicant,               to 15 points). The Secretary considers                   (f) Parent and Community
                                             address the priorities, selection criteria,             the quality of the design of the proposed             Involvement (up to 10 points): The State
                                             and application requirements that                       project. In determining the quality of the            entity’s plan to solicit and consider
                                             reviewers use to evaluate your                          design of the proposed project, the                   input from parents and other members
                                             application. We recommend that you (1)                  Secretary considers:                                  of the community on the
                                             limit the application narrative to no                     (1) The extent to which the proposed                implementation and operation of charter
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                                             more than 60 pages and (2) use the                      project demonstrates a rationale (up to               schools in the State.
                                             following standards:                                    10 points); and                                          (g) Flexibility (up to 5 points): The
                                                • A ‘‘page’’ is 8.5″ × 11″, on one side                (2) The extent to which the goals,                  degree of flexibility afforded by the
                                             only, with 1″ margins at the top, bottom,               objectives, and outcomes to be achieved               State’s charter school law and how the
                                             and both sides.                                         by the proposed project are clearly                   State entity will work to maximize the
                                                • Double space (no more than three                   specified and measurable (up to 5                     flexibility provided to charter schools
                                             lines per vertical inch) all text in the                points).                                              under such law.


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                                                                             Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices                                             10463

                                                2. Review and Selection Process: We                  require you to report certain integrity               that provides the most current
                                             remind potential applicants that in                     information to FAPIIS semiannually.                   performance and financial expenditure
                                             reviewing applications in any                           Please review the requirements in 2 CFR               information as directed by the Secretary
                                             discretionary grant competition, the                    part 200, Appendix XII, if this grant                 under 34 CFR 75.118. The Secretary
                                             Secretary may consider, under 34 CFR                    plus all the other Federal funds you                  may also require more frequent
                                             75.217(d)(3), the past performance of the               receive exceed $10,000,000.                           performance reports under 34 CFR
                                             applicant in carrying out a previous                                                                          75.720(c). For specific requirements on
                                                                                                     VI. Award Administration Information
                                             award, such as the applicant’s use of                                                                         reporting, please go to www.ed.gov/
                                             funds, achievement of project                              1. Award Notices: If your application              fund/grant/apply/appforms/
                                             objectives, and compliance with grant                   is successful, we notify your U.S.                    appforms.html.
                                             conditions. The Secretary may also                      Representative and U.S. Senators and                    (c) In accordance with section 4303(i)
                                             consider whether the applicant failed to                send you a Grant Award Notification                   of the ESEA, each State entity receiving
                                             submit a timely performance report or                   (GAN); or we may send you an email                    a grant under this section must submit
                                             submitted a report of unacceptable                      containing a link to access an electronic             to the Secretary, at the end of the third
                                             quality.                                                version of your GAN. We may notify                    year of the five-year grant period (or at
                                                In addition, in making a competitive                 you informally, also.                                 the end of the second year if the grant
                                             grant award, the Secretary requires                        If your application is not evaluated or            period is less than five years), and at the
                                             various assurances, including those                     not selected for funding, we notify you.              end of such grant period, a report that
                                             applicable to Federal civil rights laws                    2. Administrative and National Policy              includes the following:
                                             that prohibit discrimination in programs                Requirements: We identify                               (1) The number of students served by
                                             or activities receiving Federal financial               administrative and national policy                    each subgrant awarded under this
                                             assistance from the Department (34 CFR                  requirements in the application package               section and, if applicable, the number of
                                             100.4, 104.5, 106.4, 108.8, and 110.23).                and reference these and other                         new students served during each year of
                                                3. Risk Assessment and Specific                      requirements in the Applicable                        the period of the subgrant.
                                             Conditions: Consistent with 2 CFR                       Regulations section of this notice.                     (2) A description of how the State
                                             200.205, before awarding grants under                      We reference the regulations outlining             entity met the objectives of the quality
                                             this competition the Department                         the terms and conditions of an award in               charter school program described in the
                                             conducts a review of the risks posed by                 the Applicable Regulations section of                 State entity’s application, including—
                                             applicants. Under 2 CFR 3474.10, the                    this notice and include these and other                 (A) How the State entity met the
                                             Secretary may impose specific                           specific conditions in the GAN. The                   objective of sharing best and promising
                                             conditions and, in appropriate                          GAN also incorporates your approved                   practices as outlined in section
                                             circumstances, high-risk conditions on a                application as part of your binding                   4303(f)(1)(A)(ix) of the ESEA in areas
                                             grant if the applicant or grantee is not                commitments under the grant.                          such as instruction, professional
                                             financially stable; has a history of                       3. Open Licensing Requirements:                    development, curricula development,
                                             unsatisfactory performance; has a                       Unless an exception applies, if you are               and operations between charter schools
                                             financial or other management system                    awarded a grant under this competition,               and other public schools; and
                                             that does not meet the standards in 2                   you will be required to openly license                  (B) If known, the extent to which such
                                             CFR part 200, subpart D; has not                        to the public grant deliverables created              practices were adopted and
                                             fulfilled the conditions of a prior grant;              in whole, or in part, with Department                 implemented by such other public
                                             or is otherwise not responsible.                        grant funds. When the deliverable                     schools.
                                                4. Integrity and Performance System:                 consists of modifications to pre-existing               (3) The number and amount of
                                             If you are selected under this                          works, the license extends only to those              subgrants awarded under this program
                                             competition to receive an award that                    modifications that can be separately                  to carry out activities described in
                                             over the course of the project period                   identified and only to the extent that                section 4303(b)(1)(A) through (C) of the
                                             may exceed the simplified acquisition                   open licensing is permitted under the                 ESEA.
                                             threshold (currently $150,000) under 2                  terms of any licenses or other legal                    (4) A description of—
                                             CFR 200.205(a)(2), we must make a                       restrictions on the use of pre-existing                 (A) How the State entity complied
                                             judgment about your integrity, business                 works. Please refer to the Applicable                 with, and ensured that eligible
                                             ethics, and record of performance under                 Regulations section to see if an                      applicants complied with, the
                                             Federal awards—that is, the risk posed                  exception under 2 CFR part 3474                       assurances included in the State entity’s
                                             by you as an applicant—before we make                   applies for this program. For additional              application; and
                                             an award. In doing so, we must consider                 information on the open licensing                       (B) How the State entity worked with
                                             any information about you that is in the                requirements please refer to 2 CFR                    authorized public chartering agencies,
                                             integrity and performance system                        3474.20(c).                                           and how the agencies worked with the
                                             (currently referred to as the Federal                      4. Reporting: (a) If you apply for a               management company or leadership of
                                             Awardee Performance and Integrity                       grant under this competition, you must                the schools that received subgrant funds
                                             Information System (FAPIIS)),                           ensure that you have in place the                     under this program, if applicable.
                                             accessible through the System for                       necessary processes and systems to                      (d) Under 34 CFR 75.250(b), the
                                             Award Management. You may review                        comply with the reporting requirements                Secretary may provide a grantee with
                                             and comment on any information about                    in 2 CFR part 170 should you receive                  additional funding for data collection
                                             yourself that a Federal agency                          funding under the competition. This                   analysis and reporting. In this case the
                                             previously entered and that is currently                does not apply if you have an exception               Secretary establishes a data collection
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                                             in FAPIIS.                                              under 2 CFR 170.110(b).                               period.
                                                Please note that, if the total value of                 (b) At the end of your project period,               5. Performance Measures:
                                             your currently active grants, cooperative               you must submit a final performance                     (a) The primary goal of the CSP is to
                                             agreements, and procurement contracts                   report, including financial information,              support the creation and development
                                             from the Federal Government exceeds                     as directed by the Secretary. If you                  of a large number of high-quality charter
                                             $10,000,000, the reporting requirements                 receive a multiyear award, you must                   schools that are free from State or local
                                             in 2 CFR part 200, Appendix XII,                        submit an annual performance report                   rules that inhibit flexible operation, are


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                                             10464                           Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Notices

                                             held accountable for enabling students                  quality data collection, analysis, and                your search to documents published by
                                             to reach challenging State performance                  reporting in other projects or research.              the Department.
                                             standards, and are open to all students.                   All grantees must submit an annual                   Dated: March 6, 2018.
                                             The Secretary has established two                       performance report with information
                                                                                                                                                           Margo Anderson,
                                             performance indicators to measure                       that is responsive to these performance
                                                                                                     measures.                                             Acting Assistant Deputy Secretary for
                                             annual progress towards this goal: (1)                                                                        Innovation and Improvement.
                                             The number of new charter schools and                      6. Continuation Awards: In making a
                                                                                                     continuation award under 34 CFR                       [FR Doc. 2018–04821 Filed 3–8–18; 8:45 am]
                                             charter school campuses in operation
                                             around the Nation; (2) the number of                    75.253, the Secretary considers, among                BILLING CODE 4000–01–P

                                             states that demonstrate annual increases                other things: Whether a grantee has
                                             in the percentage of fourth- and eighth-                made substantial progress in achieving
                                             grade charter school students who are                   the goals and objectives of the project;              DEPARTMENT OF ENERGY
                                             achieving at or above the proficient                    whether the grantee has expended funds
                                                                                                     in a manner that is consistent with its               Environmental Management Site-
                                             level on State assessments in
                                                                                                     approved application and budget; and,                 Specific Advisory Board, Idaho
                                             mathematics and reading/language arts;
                                                                                                     if the Secretary has established                      Cleanup Project
                                             (3) the number of states that
                                             demonstrate annual decreases in the                     performance measurement                               AGENCY:   Department of Energy.
                                             percentage of charter schools that are                  requirements, the performance targets in
                                                                                                                                                           ACTION:   Notice of open conference call.
                                             identified as a comprehensive support                   the grantee’s approved application.
                                             and improvement school. Additionally,                      In making a continuation award, the                SUMMARY:    This notice announces a
                                             the Secretary has established the                       Secretary also considers whether the                  conference call of the Environmental
                                             following measure to examine the                        grantee is operating in compliance with               Management Site-Specific Advisory
                                             efficiency of the CSP: Federal cost per                 the assurances in its approved                        Board (EM SSAB), Idaho Cleanup
                                             student in implementing a successful                    application, including those applicable               Project. The Federal Advisory
                                             school (defined as a school in operation                to Federal civil rights laws that prohibit            Committee Act requires that public
                                             for three or more consecutive years).                   discrimination in programs or activities              notice of this conference call be
                                                (b) Project-Specific Performance                     receiving Federal financial assistance                announced in the Federal Register.
                                             Measures. Applicants must propose                       from the Department (34 CFR 100.4,
                                                                                                                                                           DATES: Wednesday, March 28, 2018—
                                             project-specific performance measures                   104.5, 106.4, 108.8, and 110.23).
                                                                                                        7. Project Director’s Meeting:                     10:00 a.m.–12:00 p.m.
                                             and performance targets consistent with                                                                          The opportunity for public comment
                                                                                                     Applicants approved for funding under
                                             the objectives of the proposed project.                                                                       is tentatively set for 10:00 a.m.
                                                                                                     this competition must attend a two-day
                                             Applications must provide the                                                                                    Conference Call: Call in number: (877)
                                                                                                     meeting for project directors at a
                                             following information as directed under                                                                       820–7831, Passcode: 203901.
                                                                                                     location to be determined in the
                                             34 CFR 75.110(b) and (c).                                                                                        To Sign Up for Public Comment:
                                                                                                     continental United States during each
                                                (1) Performance measures. How each                                                                         Please contact Jordan Davies by email,
                                                                                                     year of the project. Applicants may
                                             proposed performance measure would                                                                            Jordan.Davies@em.doe.gov, or phone
                                                                                                     include the cost of attending this
                                             accurately measure the performance of                                                                         (208) 557–7886, no later than 9:30 a.m.
                                                                                                     meeting in their proposed budgets.
                                             the project and how the proposed                                                                              on Wednesday, March 28.
                                             performance measure would be                            VII. Other Information                                SUPPLEMENTARY INFORMATION:
                                             consistent with the performance                            Accessible Format: Individuals with                   Purpose of the Board: The purpose of
                                             measures established for the program                    disabilities can obtain this document                 the Board is to make recommendations
                                             funding the competition.                                and a copy of the application package in              to DOE–EM and site management in the
                                                (2) Baseline data. (i) Why each                      accessible format (e.g., braille, large               areas of environmental restoration,
                                             proposed baseline is valid; or (ii) If the              print, audiotape, or compact disc) on                 waste management, and related
                                             applicant has determined that there are                 request to the program contact person                 activities.
                                             no established baseline data for a                      listed under FOR FURTHER INFORMATION                     Tentative Topic:
                                             particular performance measure, an                      CONTACT.                                                 • In follow-up to the February 21,
                                             explanation of why there is no                             Electronic Access to This Document:                2018, meeting, the board will consider
                                             established baseline and of how and                     The official version of this document is              a letter to DOE on the Advanced Mixed
                                             when, during the project period, the                    the document published in the Federal                 Waste Treatment Project’s (AMWTP)
                                             applicant would establish a valid                       Register. You may access the official                 future mission:
                                             baseline for the performance measure.                   edition of the Federal Register and the                  Æ The AMWTP is a facility designed
                                                (3) Performance targets. Why each                    Code of Federal Regulations via the                   to treat, characterize, package, and ship
                                             proposed performance target is                          Federal Digital System at: www.gpo.gov/               transuranic and mixed low-level waste
                                             ambitious yet achievable compared to                    fdsys. At this site you can view this                 that has been stored in Idaho since the
                                             the baseline for the performance                        document, as well as all other                        1970s. The plant is scheduled to
                                             measure and when, during the project                    documents of this Department                          complete treatment of Idaho waste by
                                             period, the applicant would meet the                    published in the Federal Register, in                 the end of 2018, and DOE is considering
                                             performance target(s).                                  text or Portable Document Format                      extending the facility’s mission to
                                                (4) Data collection and reporting. (i)               (PDF). To use PDF you must have                       accommodate waste from other DOE
                                             The data collection and reporting                       Adobe Acrobat Reader, which is                        sites.
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                                             methods the applicant would use and                     available free at the site.                              Public Participation: Written
                                             why those methods are likely to yield                      You may also access documents of the               statements may be filed with the Board
                                             reliable, valid, and meaningful                         Department published in the Federal                   either before or after the conference call.
                                             performance data; and (ii) The                          Register by using the article search                  The Deputy Designated Federal Officer
                                             applicant’s capacity to collect and                     feature at: www.federalregister.gov.                  is empowered to conduct the conference
                                             report reliable, valid, and meaningful                  Specifically, through the advanced                    call in a fashion that will facilitate the
                                             performance data, as evidenced by high-                 search feature at this site, you can limit            orderly conduct of business. Individuals


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Document Created: 2018-03-09 03:48:36
Document Modified: 2018-03-09 03:48:36
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: March 9, 2018.
ContactAmy B. Huber, U.S. Department of Education, 400 Maryland Avenue SW, Room 4W222, Washington, DC 20202- 5970. Telephone: (202) 453-6634 or by email: [email protected]
FR Citation83 FR 10455 

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