[Federal Register: May 14, 1997 (Volume 62, Number 93)] [Notices] [Page 26492-26494] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14my97-77] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION [CFDA No.: 84.282A] Public Charter Schools Program; Notice Inviting Applications for New and Supplemental Awards for Fiscal Year (FY) 1997 Purpose of Program A major purpose of the Public Charter Schools grant program is to increase understanding of the charter schools model by providing financial assistance for the design and initial implementation of charter schools. Who May Apply (a) State educational agencies (SEAs) in States with laws authorizing the establishment of charter schools. The Secretary awards grants to SEAs to enable them to conduct charter schools programs in their States. SEAs use their Public Charter Schools funds to award subgrants to ``eligible applicants,'' as defined in this notice, for planning, program design, and initial implementation of charter schools. (b) Under certain circumstances, an authorized public chartering agency participating in a partnership with a charter school developer. Such a partnership is eligible to receive funding directly from the U.S. Department of Education if-- (1) The SEA in its State elects not to participate in this competition; or (2) The SEA in its State does not have an application approved under this program. 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 eligible applicant should contact the SEA for information related to its subgrant competition. Current Grantees In FY 1997, the Department received a substantial increase in its appropriation for this program. As a result, the average size of awards for this competition is expected to be larger than it has been in previous years, and all ``high quality'' eligible applications are expected to receive some funding. In an effort to bring current grantees up to a comparable level of funding, the Department is also inviting current grantees to apply for supplements to their existing grants by requesting supplemental funds on a noncompetitive basis or by submitting amendments to their approved applications under this competition. A grantee may request either a noncompetitive supplement to its current grant or an amendment to its approved application, or both, depending on the needs of the grantee. The following information and examples are provided to help grantees determine an appropriate course of action. (a) Requests for Supplemental Funds: A current grantee may propose changes to the scope of its charter schools grant by submitting a written request for a supplement to its existing grant. Such request may be submitted to the Department at any time, and will be reviewed by Department staff on a noncompetitive basis. To be assured of consideration, requests for supplemental funds should be submitted to the Department by August 15, 1997. The Department may not have sufficient time in FY 1997 to review and fund requests for supplements submitted after that date. (b) Amended Applications: If a current grantee is seeking additional funding for the purpose of implementing major changes in its charter schools grant that are likely to result in a change in the objectives of the grantee's approved application, the grantee should submit an amendment to its approved application under this competition. Such amendment should provide a detailed description of the changes the grantee proposes to implement in its charter schools grant that justify the increase being requested. Upon evaluating all proposed amended and new applications, a panel of peer reviewers will make recommendations to the Department regarding the applications that should be funded. If an amended application submitted by a current grantee is not approved for funding, the existing grant will continue as originally approved. (c) Examples: (i) The approved application of a current SEA grantee [[Page 26493]] provides for the establishment of twenty (20) charter schools. A subgrant competition is held, and the SEA receives thirty (30) high quality applications that are eligible for funding. The SEA would like to fund all thirty (30) subgrant applications without changing the objectives of the approved application. The SEA may submit a request to the Department for a supplement to its grant to fund the additional ten (10) charter schools. This request would be reviewed on a noncompetitive basis. (ii) In its original application, a current grantee requested $200,000 to establish ten (10) charter schools. The Department approved the application but, due to limited funds, awarded a grant in the amount of $150,000. The grantee has implemented its program and has determined that it cannot operate efficiently at the $150,000 funding level. Because the proposed change in the grantee's charter schools program is not likely to result in a change in the objectives of the approved application, the grantee may request a supplement to its grant in the amount of $50,000 (i.e., up to the amount requested in its original application). This request would be reviewed on a noncompetitive basis. (iii) In its approved application, a current SEA grantee proposed to provide subgrant funding to ten (10) individual charter schools in the State. The SEA now wants to provide subgrant funding to several consortia of two (2) or three (3) charter schools. Because the SEA's proposed change in its charter schools program is likely to result in a change in the objectives of the approved application, the SEA should submit an amended application to the Department as part of this competition. Note: The following States currently have approved applications under this program: Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, Oregon, Puerto Rico, Texas, and Wisconsin. 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 schools subgrant program. Deadline for Transmittal of Applications: June 30, 1997. Deadline for Intergovernmental Review: August 29, 1997. Applications Available: May 16, 1997. Available Funds: $25,000,000. Estimated Range of Awards: State educational agencies: $250,000-$4,000,000 per year. Other eligible applicants: $25,000-$250,000 per year. Estimated Average Size of Awards: State educational agencies: $1,750,000 per year. Other eligible applicants: $100,000 per year. Estimated Number of Awards: State educational agencies: 10-15. Other eligible applicants: 3-5. NOTE: These estimates are projections for the guidance of potential applicants. The Department is not bound by any estimates in this notice. Project Period State educational agencies: Up to 36 months. Other eligible applicants: 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, of which the eligible applicant may use-- (a) Not more than 18 months for planning and program design; and (b) Not more than two years for the initial implementation of a charter school. Applicable Regulations and Statute The Education Department General Administrative Regulations (EDGAR) in 34 CFR Parts 75 (except 75.210), 77, 79, 80, 81, 82, 85, and 86. Title X, Part C, Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. Secs. 8061-8067. SUPPLEMENTARY INFORMATION: As part of wider education reform efforts to strengthen teaching and learning, charter schools can be an innovative approach to improving public education and expanding public school choice. While there is no one model, public charter schools are exempted from most statutory and regulatory requirements in exchange for better student academic achievement. They replace rules-based governance with performance-based accountability, thereby stimulating the creativity and commitment of teachers, parents, students, and citizens. Information regarding the required contents of applications, diversity of projects, and waivers are provided in the application package for this program. The following definitions, selection criteria, and allowable activities are taken from the public charter schools statute, in Title X, Part C, of the Elementary and Secondary Education Act of 1965, as amended. They are being repeated in this application notice for the convenience of the applicant. Definitions The following definitions apply to this program: (a) Charter school means a public school that-- (1) In accordance with an enabling State statute, 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) 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; and (11) Operates in accordance with State law. (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 an authorized public chartering agency participating in a partnership with a developer to establish a charter school in accordance with this program. (d) Authorized public chartering agency means a State educational agency, local educational agency, or other public entity that has the authority under State law and is approved by the Secretary to authorize or approve a charter school. [[Page 26494]] Selection Criteria for SEAs The maximum possible score for all of the criteria in this section is 100 points. The maximum possible score for each criterion is indicated in parentheses following each criterion. In evaluating an application from an SEA, the Secretary considers the following criteria: (a) The contribution that the charter schools grant program will make in assisting educationally disadvantaged and other students to achieve State content standards, State student performance standards, and, in general, a State's education improvement plan (20 points). (b) The degree of flexibility afforded by the SEA to charter schools under the State's charter schools law (20 points). (c) The ambitiousness of the objectives for the State charter schools grant program (20 points). (d) The quality of the strategy for assessing achievement of those objectives (20 points). (e) The likelihood that the charter schools grant program will meet those objectives and improve educational results for students (20 points). Selection Criteria for Non-SEA Eligible Applicants The maximum possible score for all of the criteria in this section is 120 points. The maximum possible score for each criterion is indicated in parentheses following each criterion. In evaluating an application from an eligible applicant other than an SEA the Secretary considers the following criteria: (a) The quality of the proposed curriculum and instructional practices (20 points). (b) The degree of flexibility afforded by the SEA and, if applicable, the local educational agency to the charter school (20 points). (c) The extent of community support for the application (20 points). (d) The ambitiousness of the objectives for the charter school (20 points). (e) The quality of the strategy for assessing achievement of those objectives (20 points). (f) The likelihood that the charter school will meet those objectives and improve educational results for students (20 points). Allowable Activities An eligible applicant receiving a grant or subgrant under this program may use the grant or subgrant funds for only-- (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. FOR APPLICATIONS OR INFORMATION CONTACT: John Fiegel, U.S. Department of Education, 600 Independence Avenue, SW., Room 4512, Portals Building, Washington, DC 20202-6140. Telephone (202) 260-2671. Internet address: John__Fiegel@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 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Information about the Department's funding opportunities, including copies of application notices for discretionary grant competitions, can be viewed on the Department's electronic bulletin board (ED Board), telephone (202) 260-9950; on the Internet Gopher Server (at gopher:// gcs.ed.gov); or on the World Wide Web (at http://gcs.ed.gov). However, the official application notice for a discretionary grant competition is the notice published in the Federal Register. Authority: 20 U.S.C. 8061-8067. Dated: May 9, 1997. Gerald N. Tirozzi, Assistant Secretary for Elementary and Secondary Education. [FR Doc. 97-12618 Filed 5-13-97; 8:45 am] BILLING CODE 4000-01-P