02/08/00: Office of Elementary and Secondary Education--Public Charter Schools Program; Inviting Applications for New Awards for Fiscal Year 2000 [OESE]


[Federal Register: February 8, 2000 (Volume 65, Number 26)]
[Notices]
[Page 6301-6304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe00-136]

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Part IV

Department of Education

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Office of Elementary and Secondary Education--Public Charter Schools
Program; Inviting Applications for New Awards for Fiscal Year 2000;
Notice

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.282A]


Office of Elementary and Secondary Education--Public Charter
Schools Program (PCSP); Notice Inviting Applications for New Awards for
Fiscal Year (FY) 2000

    Purpose of Program: The purpose of the PCSP is 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; and disseminating information about charter schools
and successful practices in charter schools.
    Who May Apply: (a) State educational agencies (SEAs) in States with
a specific State statute authorizing the establishment of charter
schools. 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 3 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) An authorized public chartering agency in partnership with a
charter school developer is eligible to receive funding directly from
the U.S. Department of Education (Department) if the SEA in the State
elects not to participate in the PSCP or does not have an application
approved under the 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 non-
SEA eligible applicant should contact the SEA for information related
to its subgrant competition.

    Note:  The following States currently have approved applications
under this program: Alaska, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia,
Hawaii, Idaho, Illinois, Louisiana, Massachusetts, Michigan,
Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio,
Oklahoma, Oregon, Rhode Island, Puerto Rico, Texas, Utah, Virginia,
and Wisconsin. In these States, only the SEA is eligible to receive
an award under this competition. Non-SEA 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
RECEIPT OF APPLICATIONS in order to be considered for funding in
this competition.

    Deadline for Receipt of Applications: March 22, 2000

    Note:  We must receive all applications on or before this date.
This requirement takes exception to the Education Department General
Administrative Regulations (EDGAR), 34 CFR 75.102. Under the
Administrative Procedure Act (5 U.S.C. 553), the Department
generally offers interested parties the opportunity to comment on
proposed regulations. However, this exception to EDGAR makes
procedural changes only and does not establish new substantive
policy. Therefore, under 5 U.S.C. 553(b)(A), the Assistant Secretary
for Elementary and Secondary Education has determined that proposed
rulemaking is not required.

    Deadline for Intergovernmental Review: April 21, 2000.
    Applications Available: February 8, 2000.
    Estimated Available Funds: $24,000,000.
    Estimated Range of Awards:
    State educational agencies: $500,000-$5,000,000 per year.
    Other eligible applicants: $25,000-$150,000 per year.
    Estimated Average Size of Awards:
    State educational agencies: $3,000,000 per year.
    Other eligible applicants: $100,000 per year.
    Estimated Number of Awards:
    State educational agencies: 3-5.
    Other eligible applicants: 30-50.

    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: 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, of which
the eligible applicant may use--
    (a) Not more than 18 months for planning and program design;
    (b) Not more than two years for the initial implementation of a
charter school; and
    (c) Not more than two years to carry out dissemination activities.

    Applicable Regulations and Statute: The Education Department
General Administrative Regulations (EDGAR) in 34 CFR Parts 75 (except
Sec. 75.210), 77, 79, 80, 81, 82, 85, 86, and 99. Title X, Part C,
Elementary and Secondary Education Act of 1965 (ESEA), as amended, 20
U.S.C. 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 performance-based accountability. They are intended to stimulate
the creativity and commitment of teachers, parents, students, and
citizens and contribute to better student academic achievement.
    Congress reauthorized the PCSP in October 1998, by enacting the
Charter School Expansion Act of 1998 (Act). Under the new legislation,
SEA applicants for funding are required to include in their
applications descriptions of how the SEA will (a) inform each charter
school in the State about Federal funds the charter school is eligible
to receive and Federal programs in which the charter school may
participate; (b) ensure that each charter school in the State receives
the charter school's commensurate share of Federal education funds that
are allocated by formula each year, including during the charter
school's first year of operation; and (c) disseminate best or promising
practices of charter schools to LEAs in the State. The new legislation
also added a requirement that SEA applicants as well as non-SEA
eligible applicants include in their applications descriptions of how
charter schools that are considered to be LEAs under State law and LEAs
in which a charter school is located will comply with sections
613(a)(5) and 613(e)(1)(B) of the Individuals with Disabilities
Education Act. Additional 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, priority criteria,
amount criteria, authorized uses of funds for

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dissemination activities, and allowable activities are taken from the
Public Charter Schools Program authorizing statute, in Title X, Part C
of the ESEA, as amended by the Act. 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 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 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.

Selection Criteria for SEAs

    The maximum possible score for all of the criteria in this section
is 140 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
school 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).
    (f) The number of high quality charter schools created under this
part in the State (20 points).
    (g) In the case of State educational agencies that propose to use
grant funds to support dissemination activities under section
10302(c)(2)(C) of the ESEA, the quality of those activities and the
likelihood that those activities will improve student achievement (20
points).

Selection Criteria for Non-SEA Eligible Applicants

    The maximum possible score for all of the criteria in this section
is 140 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).
    (g) In the case of an eligible applicant that proposes to use grant
funds to support dissemination activities under section 10302(c)(2)(C)
of the ESEA, the quality of those activities and the likelihood that
those activities will improve student achievement (20 points).

Priority Criteria

    In awarding grants for FYs 1999, 2000, and 2001 from funds
appropriated under section 10311 of the ESEA that are in excess of $51
million for the FY, the Secretary gives priority under this competition
to States to the extent that the State meets the criterion described in
paragraph (a) below, and one or more of the criteria described in
paragraphs (b) through (d) below (20 points).
    (a) 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.
    (b) 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

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educational progress of the students attending the schools, in the
period prior to the period for which a State educational agency or
eligible applicant applies for a grant under this competition.
    (c) The State--
    (1) Provides for one authorized public chartering agency that is
not a local educational agency, 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 local educational agencies are
the only authorized public chartering agencies, allows for an appeals
process for the denial of an application for a charter school.
    (d) The State ensures that each charter school has a high degree of
autonomy over the charter school's budgets and expenditures.

Amount Criteria

    In determining the amount of a grant to be awarded under this
competition to a State educational agency, the Secretary shall take
into consideration the number of charter schools that are operating or
approved to open in the State.

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.

Use of Funds for Dissemination Activities

    A State educational agency may reserve not more than 10 percent of
the grant funds to support dissemination activities. A charter school
may use such 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 startup 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 OR INFORMATION CONTACT: Donna M. Hoblit, U.S.
Department of Education, 400 Maryland Avenue, SW., Room 3C148,
Washington, D.C. 20202-6140. Telephone (202) 205-9178. Internet
address: Donna__Hoblit@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.
    Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) upon request to the contact person listed in the preceding
paragraph. Individuals with disabilities may obtain a copy of the
application package in an alternate format, also, by contacting that
person. However, the Department is not able to reproduce in an
alternate 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 either of the
following sites: http://ocfo.ed.gov/fedreg.htm; http://www.ed.gov/
news.html.
    To use PDF, you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using PDF, call the U.S. Government Printing
Office 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. 8061-8067.

    Dated: February 4, 2000.
Michael Cohen,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 00-2919 Filed 2-7-00; 8:45 am]
BILLING CODE 4000-01-U