[Federal Register: May 3, 2002 (Volume 67, Number 86)]
[Notices]
[Page 22422-22425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my02-43]
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DEPARTMENT OF EDUCATION
[CFDA Nos.: 84.282A, 84.282B, and 84.282C]
Office of Elementary and Secondary Education--Public Charter
Schools Program (PCSP); Notice Inviting Applications for New Awards for
Fiscal Year (FY) 2002.
Purpose of Program: The purpose of the PCSP is to increase national
understanding of the charter school model and to expand the number of
high-quality charter schools available to students across the Nation by
providing financial assistance for the planning, program design, and
initial implementation of charter schools; evaluating the effects of
charter schools, including the effects on students, student academic
achievement, staff, and parents; and encouraging States to provide
support to charter schools for facilities financing in an amount more
commensurate to the amount States have typically provided for
traditional public schools.
Eligible Applicants: (a) State educational agencies (SEAs) in
States with a specific State statute authorizing the establishment of
charter schools may apply for funding. The Secretary awards grants to
SEAs to enable them to conduct charter school programs in their States.
SEAs use their PCSP funds to award subgrants to ``eligible
applicants,'' as defined in this notice, for planning, program design,
and initial implementation of a charter school; and to support the
dissemination of information about, and successful practices in,
charter schools. A charter school may apply for funds to carry out
dissemination activities, whether or not the charter school has applied
for or received funds under the PCSP for planning or implementation, if
the charter school has been in operation for at least three consecutive
years and has demonstrated overall success, including--
(1) Substantial progress in improving student achievement;
(2) High levels of parent satisfaction; and
(3) The management and leadership necessary to overcome initial
start-up problems and establish a thriving, financially viable charter
school.
(b) Non-SEA eligible applicants may apply for funding directly from
the U.S. Department of Education (Department) if the SEA in the State
elects not to participate in the PCSP or does not have an application
approved under the program. An ``eligible applicant'' is defined as a
developer that has applied to an authorized chartering authority to
operate a charter school and has provided to that authority adequate
and timely notice and a copy of its PCSP application, except that these
requirements may be waived in the case of a pre-charter planning grant.
If an SEA's application is approved in this competition, applications
received from non-SEA eligible applicants in that State will be
returned to the applicants. In such a case, the non-SEA eligible
applicant should contact the SEA for information related to the State's
subgrant competition.
Note: The following States currently have approved applications
under this program: California, Colorado, Georgia, Indiana, Kansas,
Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New
Mexico, Ohio, Pennsylvania, Rhode Island, South Carolina, and Texas.
In these States, only the SEA is eligible to receive an award under
this competition. Eligible applicants in these States should contact
their respective SEAs for information about participation in the
State's charter school subgrant program. Non-SEA eligible applicants
in States that are not listed above must apply directly to the
Department on or before the deadline for transmittal of applications
in order to be considered for funding in this competition.
Applications Available: May 3, 2002.
Deadline for Transmittal of Applications: July 2, 2002.
Deadline for Intergovernmental Review: September 3, 2002.
Estimated Available Funds: $50,000,000.
Estimated Range of Awards:
State educational agencies: $500,000-$8,000,000 per year.
Other eligible applicants: $10,000-$150,000 per year.
Estimated Average Size of Awards:
State educational agencies: $2,500,000 per year.
Other eligible applicants: $150,000 per year.
Estimated Number of Awards:
State educational agencies: 15-18.
Other eligible applicants: 50-70.
Note: These estimates are projections for the guidance of
potential applicants. The Department is not bound by any estimates
in this notice.
Project Period: Up to 36 months.
Note: Grants awarded by the Secretary directly to non-SEA
eligible applicants or subgrants awarded by SEAs to eligible
applicants will be awarded for a period of up to 36 months, no more
than 18 months of which may be used for planning and program design;
no more than two years of which may be used for the initial
implementation of a charter school; and no more than two years of
which may be used to carry out dissemination activities.
Applicable Regulations and Statute: (a) The Education Department
General
[[Page 22423]]
Administrative Regulations (EDGAR) in 34 CFR parts 75, 76, 77, 79, 80,
81, 82, 85, 86, 97, and 99; and (b) Title V, part B, subpart 1
(formerly Title X, part C) of the Elementary and Secondary Education
Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA),
20 U.S.C. 7221-7221j.
SUPPLEMENTARY INFORMATION: As part of wider education reform efforts to
improve student achievement, the development of charter schools is an
innovative approach to improving public education and expanding
parental options in education. While charter school laws vary by State,
public charter schools are granted greater flexibility in exchange for
accountability for results. They are also public schools of choice in
that all students, parents, and faculty associate with charter schools
voluntarily. They are intended to stimulate the creativity and
commitment of teachers, parents, students, and citizens to improve
student academic achievement.
Congress reauthorized the PCSP in January 2002, by enacting the No
Child Left Behind Act of 2001. Under the new legislation, a non-SEA
eligible applicant for PCSP funds must submit an application for a
charter to an authorized public chartering agency and provide adequate
and timely notice and a copy of its PCSP application to the authorized
public chartering agency. The SEA or the Secretary may waive these
requirements in cases where the eligible applicant is applying for a
pre-charter planning grant or subgrant.
The new legislation also added a specific provision prohibiting
local educational agencies (LEAs) from deducting funds for
administrative fees or expenses from a subgrant awarded to an eligible
applicant, unless the eligible applicant voluntarily enters into a
mutually agreed upon arrangement for administrative services with the
LEA. Additional information about the PCSP, including application
requirements, selection criteria, priorities, diversity of projects,
and waivers is provided in the application package for this program.
Selection Criteria
The Department will hold three (3) separate competitions under this
program. All SEA applicants must apply for grant funds under CFDA No.
84.282A. Non-SEA eligible applicants that propose to use grant funds
for planning, program design, and implementation must apply under CFDA
No. 84.282B; and non-SEA eligible applicants that are requesting funds
for dissemination activities must submit their applications under CFDA
No. 84.282C.
(A) CFDA No. 84.282A--Selection Criteria for SEAs. SEAs that
propose to use a portion of their grant funds for dissemination
activities must address each selection criterion listed below. SEAs
that do not propose to use a portion of their grant funds for
dissemination activities must address selection criteria (1) through
(7) only, and need not address selection criterion (8) below. The
maximum possible score is 130 points for SEAs that do not propose to
use grant funds to support dissemination activities, and 150 points for
SEAs that propose to use grant funds to support dissemination
activities. The maximum possible score for each criterion is indicated
in parentheses following the criterion. To ensure fairness, if an SEA
is not proposing to use grant funds to support dissemination
activities, the Secretary will not consider points awarded under
criterion (8) in determining whether to approve an application for
funding.
In evaluating an application from an SEA, the Secretary considers
the following criteria:
(1) The contribution the charter school grant program will make in
assisting educationally disadvantaged and other students to achieve
State academic content standards and State student academic achievement
standards (25 points).
(2) The degree of flexibility afforded by the SEA to charter
schools under the State's charter school law (20 points).
(3) The ambitiousness of the objectives for the State charter
school grant program (15 points).
(4) The quality of the SEA's strategy for assessing achievement of
those objectives (15 points).
(5) The likelihood that the charter school grant program will meet
those objectives and improve educational results for students (15
points).
(6) The number of high-quality charter schools to be created in the
State (20 points).
(7) 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 (20 points).
(8) In the case of SEAs that propose to use grant funds to support
dissemination activities under section 5204(f)(6) of the ESEA, the
quality of the dissemination activities and the likelihood that those
activities will improve student achievement (20 points).
(B) CFDA No. 84.282B--Selection Criteria for Non-SEA Eligible
Applicants for Planning, Program Design, and Implementation Grants. The
maximum possible score for all of the criteria in this section is 145
points. The maximum possible score for each criterion is indicated in
parentheses following the criterion. In evaluating an application from
a non-SEA eligible applicant for Planning, Program Design, and
Implementation, the Secretary considers the following criteria:
(1) The quality of the proposed curriculum and instructional
practices (20 points).
(2) The degree of flexibility afforded by the SEA and, if
applicable, the (LEA) to the charter school (10 points).
(3) The extent of community support for the application (10
points).
(4) The ambitiousness of the objectives for the charter school (15
points).
(5) The quality of the strategy for assessing achievement of those
objectives (15 points).
(6) The likelihood that the charter school will meet those
objectives and improve educational results for students during and
after the period of Federal financial assistance (20 points). (7)
(7) The extent to which the proposed project encourages parental
involvement (10 points).
(8) The qualifications, including relevant training and experience,
of the project director; and the extent to which the applicant
encourages applications for employment from persons who are members of
groups that have traditionally been underrepresented based on race,
color, national origin, gender, age, or disability (20 points).
(9) The contribution the charter school will make in assisting
educationally disadvantaged and other students to achieve State
academic content standards and State student academic achievement
standards (25 points).
(C) CFDA No. 84.282C--Selection Criteria for Non-SEA Eligible
Applicants for Dissemination Grants. The maximum possible score for all
of the criteria in this section is 125 points. The maximum possible
score for each criterion is indicated in parentheses following the
criterion. In evaluating an application from a non-SEA eligible
applicant for a dissemination grant, the Secretary considers the
following criteria:
(1) The quality of the proposed dissemination activities and the
likelihood that those activities will improve student achievement (30
points).
(2) The extent to which the school has demonstrated overall
success, including (a) substantial progress in improving student
achievement (15 points); (b)
[[Page 22424]]
high levels of parent satisfaction (15 points); and (c) the management
and leadership necessary to overcome initial start-up problems and
establish a thriving, financially viable charter school (15 points).
(3) The extent to which the results of the proposed project are to
be disseminated in a manner that will enable others to use the
information or strategies (20 points).
(4) The qualifications, including relevant training and experience
of the project director; and the extent to which the applicant
encourages applications for employment from persons who are members of
groups that have traditionally been underrepresented based on race,
color, national origin, gender, age, or disability (15 points).
(5) 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 (15 points).
Priority Treatment: In accordance with statutory requirements, in
awarding grants to SEAs under this competition, the Secretary gives
priority to States to the extent that the State meets the statutory
criterion described in paragraph (a) below, and one or more of the
statutory criteria described in paragraphs (b) through (d) below. An
SEA that meets priority (a) but does not meet one or more of the other
priorities will not receive any priority points. Likewise, an SEA that
does not meet priority (a) but meets one or more of the other
priorities will not receive any priority points. The maximum number of
priority points for all of the priorities in this section is 40 points.
(a) Periodic Review and Evaluation. 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 academic performance requirements and goals for charter schools as
set forth under State law or the school's charter (10 points).
(b) Number of High-Quality Charter Schools. 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 (10 points).
(c) One Authorized Public Chartering Agency Other than an LEA, or
an Appeals Process. The State--
(1) Provides for one authorized public chartering agency that is
not an LEA, such as a State chartering board, for each individual or
entity seeking to operate a charter school pursuant to such 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 (10 points).
(d) High Degree Autonomy. The State ensures that each charter
school has a high degree of autonomy over the charter school's budgets
and expenditures (10 points).
Other Statutory Provisions: The following definitions, amount
criteria, allowable activities, and authorized uses of funds for
dissemination activities are taken from the PCSP authorizing statute,
in Title V, Part B, Subpart 1 of the ESEA. They are repeated in this
application notice for the convenience of the applicant. Other
statutory requirements also apply to this program. The entire
authorizing statute is included in the application package for the
program.
Definitions
The following definitions apply to this program:
(a) Charter school means a public school that--
(1) In accordance with a specific State statute authorizing the
granting of charters to schools, is exempted 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;
(2) 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;
(3) 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;
(4) Provides a program of elementary or secondary education, or
both;
(5) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution;
(6) Does not charge tuition;
(7) 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, and part B of the
Individuals With Disabilities Education Act;
(8) Is a school to which parents choose to send their children, and
that admits students on the basis of a lottery, if more students apply
for admission than can be accommodated;
(9) Agrees to comply with the same Federal and State audit
requirements as do other elementary and secondary schools in the State,
unless the requirements are specifically waived for the purposes of
this program;
(10) Meets all applicable Federal, State, and local health and
safety requirements;
(11) Operates in accordance with State law; and
(12) 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.
(b) 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.
(c) Eligible applicant means a developer that has (1) applied to an
authorized public chartering authority to operate a charter school; and
(2) provided adequate and timely notice to that authority under section
5203(d)(3) of the ESEA.
Note: Section 5203(d)(3) requires the eligible applicant to
provide the authority with timely notice and a copy of its
application for PCSP funds. The Secretary or SEA may waive these
requirements in the case of an application for a precharter planning
grant or subgrant.
(d) Authorized public chartering agency means an SEA, LEA, or other
public entity that has the authority under State law and is approved by
the Secretary to authorize or approve a charter school.
Amount Criteria
In determining the amount of a grant to be awarded under this
competition to an SEA, the Secretary shall take into consideration the
number of charter schools that are operating or approved to open in the
State.
[[Page 22425]]
Allowable Activities
An eligible applicant receiving a grant or subgrant under this
program may use the grant or subgrant funds only for--
(a) Post-award planning and design of the educational program,
which may include--
(1) Refinement of the desired educational results and of the
methods for measuring progress toward achieving those results; and
(2) Professional development of teachers and other staff who will
work in the charter school; and
(b) Initial implementation of the charter school, which may
include--
(1) Informing the community about the school;
(2) Acquiring necessary equipment and educational materials and
supplies;
(3) Acquiring or developing curriculum materials; and
(4) Other initial operating costs that cannot be met from State or
local sources.
Use of Funds for Dissemination Activities
An SEA may reserve not more than 10 percent of the grant funds to
support dissemination activities. A charter school may use those funds
to assist other schools in adapting the charter school's program (or
certain aspects of the charter school's program), or to disseminate
information about the charter school, through such activities as--
(a) Assisting other individuals with the planning and start-up of
one or more new public schools, including charter schools, that are
independent of the assisting charter school and the assisting charter
school's developers, and that agree to be held to at least as high a
level of accountability as the assisting charter school;
(b) Developing partnerships with other public schools, including
charter schools, designed to improve student performance in each of the
schools participating in the partnership;
(c) Developing curriculum materials, assessments, and other
materials that promote increased student achievement and are based on
successful practices within the assisting charter school; and
(d) Conducting evaluations and developing materials that document
the successful practices of the assisting charter school and that are
designed to improve student achievement.
FOR APPLICATIONS AND FURTHER INFORMATION CONTACT: Rik Lanzendorfer,
U.S. Department of Education, 400 Maryland Avenue, SW., Room 3C148,
Washington, DC 20202-6140. Telephone (202) 205-9786. Internet address:
rik.lanzendorfer@ed.gov.
Individuals who use a telecommunications device for the deaf (TDD)
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 contact person listed.
Individuals with disabilities may also obtain a copy of the
application package in an alternative format on request to the contact
person listed above. However, the Department is not able to reproduce
in an alternative format the standard forms included in the application
package.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
www.ed.gov/legislation/FedRegister.
To use PDF, you must have Adobe Acrobat Reader, which is available
free at the previous 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 a 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.access.gpo.gov/nara/index.html.
Program Authority: 20 U.S.C. 7221-7221j.
Dated: April 30, 2002.
Susan B. Neuman,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 02-11045 Filed 5-2-02; 8:45 am]
BILLING CODE 4000-01-P