FR Doc 04-3849
[Federal Register: February 23, 2004 (Volume 69, Number 35)]
[Notices]
[Page 8317-8321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe04-128]
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Part IV
Department of Education
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Office of Innovation and Improvement; Overview Information; State
Charter School Facilities Incentive Grants Program; Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2004; Notice
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DEPARTMENT OF EDUCATION
Office of Innovation and Improvement; Overview Information; State
Charter School Facilities Incentive Grants Program; Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2004
Catalog of Federal Domestic Assistance (CFDA) Number: 84.282D.
DATES: Applications Available: March 12, 2004.
Deadline for Transmittal of Applications: July 1, 2004.
Deadline for Intergovernmental Review: August 30, 2004.
Eligible Applicants: States that have enacted a State law
authorizing per-pupil facilities aid for charter schools.
Estimated Available Funds: $18,700,000.
Estimated Range of Awards: $2,000,000-$10,000,000.
Estimated Average Size of Awards: $3,740,000.
Estimated Number of Awards: 5.
Note: Contingent upon the availability of funds, we may make
additional awards in future years from the rank-ordered list of
unfunded applications from this competition.
Note: The Department is not bound by any estimates in this
notice.
Project Period: The program duration may be for a period of up to 5
years.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: This program will provide grants to eligible
States to help them establish or enhance, and administer, per-pupil
facilities aid programs for charter schools.
Priorities
Competitive Preference Priority: In accordance with 34 CFR
75.105(b)(2)(iv), the following priority is from sections 5202(e) and
5205(b) of the Elementary and Secondary Education Act of 1965 (ESEA),
as amended. For this competition, this priority is a competitive
preference priority. Under 34 CFR 75.105(c)(2)(i), we award up to an
additional 20 points to an application, depending on how well the
application meets this priority.
This priority is:
The Secretary gives priority to States to the extent that States
meet all four of the statutory criteria described in paragraphs (a)
through (d) of this section.
A State educational agency (SEA) that does not meet any one of the
four statutory criteria will not receive any priority points.
In order to receive preference, an applicant must identify the
statutory criteria that it meets and provide documentation supporting
its claims.
Statutory Criteria
(a) Periodic Review and Evaluation (5 points, ESEA paragraph
5202(e)(2)). The State provides for periodic review and evaluation by
the authorized public chartering agency of each charter school at least
once every 5 years unless required more frequently by State law, to
determine whether the charter school is meeting the terms of the
school's charter, and is meeting or exceeding the student's academic
performance requirements and goals for charter schools as provided
under State law or the school's charter.
(b) Number of High-Quality Charter Schools (5 points, ESEA
subparagraph 5202(e)(3)(A)). The State has demonstrated progress in
increasing the number of high-quality charter schools that are held
accountable in the terms of the schools' charters for meeting clear and
measurable objectives for the educational progress of the students
attending the schools, in the period prior to the period for which an
SEA or eligible applicant applies for a grant under this competition.
(c) One Authorized Public Chartering Agency Other Than an LEA, or
an Appeals Process (5 points, ESEA subparagraph 5202(e)(3)(B)). The
State--
(1) Provides for one authorized public chartering agency that is
not an local educational agency (LEA), such as a State chartering
board, for each individual or entity seeking to operate a charter
school pursuant to State law; or
(2) In the case of a State in which LEAs are the only authorized
public chartering agencies, allows for an appeals process for the
denial of an application for a charter school.
(d) High Degree of Autonomy (5 points, ESEA subparagraph
5202(e)(3)(C)). The State ensures that each charter school has a high
degree of autonomy over the charter school's budgets and expenditures.
Invitational Priority: Under this competition we are particularly
interested in applications that address the following priority. For
this competition this priority is an invitational priority. Under 34
CFR 75.105(c)(1), we do not give an application that meets this
invitational priority a competitive or absolute preference over other
applications.
This priority is:
School choice. The Secretary invites applications that propose to
increase the capacity of charter schools to offer public school choice
in those communities with the greatest need for this choice by
addressing the following factors:
The extent to which the applicant would target
services to geographic areas in which a large proportion or number of
public schools have been identified for improvement, corrective action,
or restructuring under title I of the ESEA, as amended by the No Child
Left Behind Act of 2001 (NCLB);
The extent to which the applicant would target
services to geographic areas in which a large proportion of students
perform poorly on State academic assessments; and
The extent to which the applicant would target
services to communities with large proportions of low-income students.
Waiver of Proposed Rulemaking: Under the Administrative Procedure
Act (5 U.S.C. 553) the Department generally offers interested parties
the opportunity to comment on proposed selection criteria and other
non-statutory requirements. Section 437(d)(1) of the General Education
Provisions Act (GEPA) (20 U.S.C. 1232(d)(1)), however, allows the
Secretary to exempt from rulemaking requirements rules governing the
first grant competition under a new or substantially revised program
authority. This is the first competition for this program. In order to
ensure timely grant awards in FY 2004, the Secretary has decided to
issue this application notice without first publishing the proposed
selection criteria and other non-statutory requirements. These
selection criteria and other non-statutory requirements, such as the
clarification under ``Funding Clarifications and Restrictions'' that
the program funds for this facilities program may be used for
construction or the acquisition of real property, will apply to this
grant competition only.
Program Authority: 20 U.S.C. 7221d(b).
Applicable Regulations: The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 80,
81, 82, 84, 85, 86, 97, and 99.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: $18,700,000.
Estimated Range of Awards: $2,000,000-$10,000,000.
Estimated Average Size of Awards: $3,740,000.
Estimated Number of Awards: 5.
Note: Contingent upon the availability of funds, we may make
additional awards in future years from the rank-ordered list of
unfunded applications from this competition.
[[Page 8319]]
Note: The Department is not bound by any estimates in this
notice.
Project Period: The program duration may be for a period of up to 5
years.
III. Eligibility Information
1. Eligible Applicants: States that have enacted a State law
authorizing per-pupil facilities aid for charter schools.
2. Cost Sharing or Matching: Under section 5205(b)(2)(C) of the
ESEA, as amended by the NCLB, States, or parties that are closely
collaborating with them, are required to provide matching funds. The
minimum non-Federal share of the total cost of the project increases
each year of the grant, from 10 percent the first year to 80 percent in
the fifth year.
Applicants that are initially selected to receive grants will not
receive grant funds until they demonstrate, by July 15, 2004, that they
have funded the non-Federal share of the matching funds required under
this program. The Department reserves the right to revoke a grant award
if an initial recipient does not have the required non-Federal funding
by this date.
Supplement-not-supplant provision. Grantees shall use funds under
this program to supplement, and not supplant, State and local public
funds spent on per-pupil facilities aid programs, administration of
these programs, and programs for charter schools in total at the State
and local levels.
3. Other: The charter schools that a grantee selects to benefit
from this program must meet the definition of a charter school, as
defined in the Charter Schools Program authorizing statute in section
5210(1) of the ESEA. The definitions of charter school and authorized
public chartering agency are in the application package.
IV. Application and Submission Information
1. Address to Request Application Package: Education Publications
Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll
free): 1-877-433-7827. Fax: (301) 470-1244. If you use a
telecommunications device for the deaf (TDD), you may call (toll free):
1-877-576-7734.
You may also contact ED Pubs at its Web site:
http://www.edpubs.org/webstore/Content/search.asp
or you may contact ED Pubs at its e-mail address:
edpubs@inet.ed.gov
If you request an application from ED Pubs, be sure to identify
this competition as follows: CFDA number 84.282D.
Individuals with disabilities may obtain a copy of the application
package in an alternative format (e.g., Braille, large print,
audiotape, or computer diskette) by contacting the program contact
persons listed elsewhere in this notice under FOR FURTHER INFORMATION
CONTACT (see VII. Agency Contacts).
2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this program.
Page Limit: We have found that reviewers are able to conduct the
highest-quality review when applications are concise and easy to read.
Applicants are encouraged to limit their applications to no more than
30 double-spaced pages (not including the required forms and tables),
to use a 12-point or larger-size font with one-inch margins at the top,
bottom, and both sides, and to number pages consecutively. Furthermore,
applicants are strongly encouraged to include a table of contents that
specifies where each required part of the application is located.
3. Submission Dates and Times:
Applications Available: March 12, 2004.
Deadline for Transmittal of Applications: July 1, 2004.
Note: We are requiring that applications for grants under this
program be submitted electronically using the Electronic Grant
Application System (e-Application) available through the
Department's e-GRANTS system. For information about how to access
the e-GRANTS system or to request a waiver of the electronic
submission requirement, please refer to Section IV, Other Submission
Requirements, in this notice.
The application package for this program specifies the hours of
operation of the e-Application Web site. If you are requesting a waiver
of the electronic submission requirement, the dates and times for the
transmittal of applications by mail or by hand (including a courier
service or commercial carrier) are also in the application package.
We do not consider an application that does not comply with the
deadline requirements.
Deadline for Intergovernmental Review: August 30, 2004.
4. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this program.
5. Funding Clarifications and Restrictions: Under 34 CFR 75.533, a
grantee is prohibited from using grant funds for construction or the
acquisition of real property, unless specifically authorized by statute
or regulation. Consistent with the provisions of 34 CFR 75.533, and
based on the purpose of this facilities program, namely to provide
funding for charter school facilities, we interpret section 5205(b) of
the ESEA to permit the use of funds awarded under this competition and
the acquisition of real property. Administrative costs in excess of
five percent are not allowable under the program statute.
Administration of a per-pupil facilities aid program includes
providing indirect costs, evaluation, technical assistance,
dissemination, personnel costs, and any other costs involved in
administering the State's per-pupil facilities aid program.
6. Other Submission Requirements: Instructions and requirements for
the transmittal of applications by mail or by hand (including a courier
service or commercial carrier) are in the application package for this
program. Application Procedures: The Government Paperwork Elimination
Act (GPEA) of 1998 (Pub. L. 105-277) and the Federal Financial
Assistance Management Improvement Act of 1999 (Pub. L. 106-107)
encourage us to undertake initiatives to improve our grant processes.
Enhancing the ability of individuals and entities to conduct business
with us electronically is a major part of our response to these Acts.
Therefore, we are taking steps to adopt the Internet as our chief means
of conducting transactions in order to improve services to our
customers and to simplify and expedite our business processes.
We are requiring that applications for grants under the State
Charter School Facilities Incentive Grants Program--CFDA Number 84.282D
be submitted electronically using the Electronic Grant Application
System (e-Application) available through the Department's e-GRANTS
system. The e-GRANTS system is accessible through its portal page at:
http://e-grants.ed.gov.
Note: The e-Application for this program will be available on
March 12, 2004. Please be advised that applicants can begin work on
program narrative sections, using a word processing program such as
MS Word or WordPerfect, prior to the application availability date.
Applicants should be aware that, in e-Application, the program
narrative will be divided into sections with each selection criteria
requiring a separate file upload. All files should be saved in .DOC
or .RTF format, as the e-Application system only accepts those file
types.
If you are unable to submit an application through the e-GRANTS
system, you may submit a written request for a waiver of the electronic
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submission requirement. In your request, you should explain the reason
or reasons that prevent you from using the Internet to submit your
application. Address your request to: Jim Houser, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3C140, Washington, DC 20202.
Please submit your request no later than two weeks before the
application deadline date.
If, within two weeks of the application deadline date, you are
unable to submit an application electronically, you must submit a paper
application by the application deadline date in accordance with the
transmittal instructions in the application package. The paper
application must include a written request for a waiver documenting the
reasons that prevented you from using the Internet to submit your
application.
Pilot Project for Electronic Submission of Applications: We are
continuing to expand our pilot project for electronic submission of
applications to include additional formula grant programs and
additional discretionary grant competitions. The State Charter School
Facilities Incentive Grants Program--CFDA Number 84.282D is one of the
programs included in the pilot project. If you are an applicant under
the State Charter School Facilities Incentive Grants Program, you must
submit your application to us in electronic format or receive a waiver.
The pilot project involves the use of e-Application. If you use e-
Application, you will be entering data online while completing your
application. You may not e-mail an electronic copy of a grant
application to us. The data you enter online will be saved into a
database. We shall continue to evaluate the success of e-Application
and solicit suggestions for its improvement.
If you participate in e-Application, please note the following:
When you enter the e-Application system, you
will find information about its hours of operation. We strongly
recommend that you do not wait until the application deadline date to
initiate an e-Application package.
You will not receive additional point value
because you submit a grant application in electronic format, nor will
we penalize you if you submit an application in paper format.
You must submit all documents electronically,
including the Application for Federal Education Assistance (ED 424);
program-specific tables, and all necessary assurances and
certifications.
Your e-Application must comply with any page
limit requirements described in this notice.
After you electronically submit your
application, you will receive an automatic acknowledgement, which will
include a PR/Award number (an identifying number unique to your
application).
Within three working days after submitting your
electronic application, fax a signed copy of the Application for
Federal Education Assistance (ED 424) to the Application Control Center
after following these steps:
1. Print ED 424 from e-Application.
2. The institution's Authorizing Representative must sign this
form.
3. Place the PR/Award number in the upper right hand corner of the
hard copy signature page of the ED 424.
4. Fax the signed ED 424 to the Application Control Center at (202)
260-1349.
We may request that you give us original
signatures on other forms at a later date.
Application Deadline Date Extension in Case of System
Unavailability: If you are prevented from submitting your application
on the application deadline date because the e-Application system is
unavailable, we will grant you an extension of one business day in
order to transmit your application electronically, by mail, or by hand
delivery. We will grant this extension if--
1. You are a registered user of e-Application and you have
initiated an e-Application for this competition; and
2. (a) The e-Application system is unavailable for 60 minutes or
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time,
on the application deadline date; or
(b) The e-Application system is unavailable for any period of time
during the last hour of operation (that is, for any period of time
between 3:30 p.m. and 4:30 p.m., Washington, DC time) on the
application deadline date.
We must acknowledge and confirm these periods of unavailability
before granting you an extension. To request this extension or to
confirm our acknowledgement of any system unavailability, you may
contact either (1) the persons listed elsewhere in this notice under
FOR FURTHER INFORMATION CONTACT (see VII. Agency Contacts) or (2) the
e-GRANTS help desk at 1-888-336-8930.
You may access the electronic grant application for the State
Charter School Facilities Incentive Grants Program at: http://e-grants.ed.gov
.
V. Application Review Information
Selection Criteria: The selection criteria for this program are as
follows:
(a) Adequacy of facility funding (35 points).
(i) The extent to which the proposal provides adequate funding for
charter school facilities on a per-pupil basis.
(ii) The extent to which there is adequate funding, including funds
other than per-pupil facilities aid, for charter schools to meet their
facility needs.
(b) Quality of plan (35 points).
(i) The likelihood that the proposed grant project will result in
the State either retaining a new per-pupil facilities aid program or
continuing to enhance such a program without the total amount of
assistance (State and Federal) declining over a five-year period.
(ii) The flexibility charter schools have in their use of facility
funds for the various authorized purposes.
(iii) The quality of the plan for identifying charter schools and
determining their eligibility to receive funds.
(iv) The formula's ability to target resources to charter schools
with the greatest need and the highest proportions of students in
poverty.
(v) For projects that plan to reserve funds for evaluation, the
quality of the applicant's plan to use grant funds for this purpose.
(vi) For projects that plan to reserve funds for technical
assistance, dissemination, or personnel, the quality of the applicant's
plan to use grant funds for these purposes.
(c) The grant project team (15 points).
(i) The qualifications, including relevant training and experience,
of the project manager and other members of the grant project team,
including employees not paid with grant funds, consultants, and
subcontractors.
(ii) The adequacy and appropriateness of the applicant's staffing
plan for the grant project.
(d) The budget (15 points).
(i) The extent to which the requested grant amount and the project
costs are reasonable in relation to the objectives, design, and
potential significance of the proposed grant project.
(ii) The extent to which the costs are reasonable in relation to
the number of students served and to the anticipated results and
benefits.
(iii) The extent to which the Federal share of the costs of the
project (which may not exceed the percentages allowed under section
5205(b)(2)(C) of the ESEA) falls below the maximums allowed,
particularly in the initial years of the program.
(iv) The need for per-pupil charter school facility funding in the
State.
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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 Notice
(GAN). We may also notify you informally.
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
the award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Reporting: At the end of your project period, you must submit a
final performance report, including financial information, as directed
by the Secretary. If you receive a multi-year award, you must submit an
annual performance report that provides the most current performance
and financial expenditure information as specified by the Secretary in
34 CFR 75.118.
4. Performance Measures: The performance measure for this program
is growth in the number of States with per-pupil facilities aid
programs for charter schools. The Department may develop additional
measures at a later date that may require data collection from
grantees.
VII. Agency Contacts
FOR FURTHER INFORMATION CONTACT: Valarie Perkins or Jim Houser, U.S.
Department of Education, 400 Maryland Avenue, SW., room 3C140,
Washington, DC 20202-6140. Telephone: (202) 260-1924 or by e-mail:
charter.facilities@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the program contact persons listed in this
section.
VIII. Other Information
Electronic Access to This Document: You may view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO access at: http://www.gpoaccess.gov/nara/index.html
.
Dated: February 18, 2004.
Nina Shokraii Rees,
Deputy Under Secretary for Innovation and Improvement.
[FR Doc. 04-3849 Filed 2-20-04; 8:45 am]
BILLING CODE 4000-01-P