**U.S. DEPARTMENT OF EDUCATION**

**OFFICE OF INNOVATION & IMPROVEMENT**

**WASHINGTON, D.C. 20202**

**FY 2007**

**APPLICATION FOR GRANTS**

**UNDER THE MAGNET SCHOOLS**

**ASSISTANCE PROGRAM**

# CFDA Number: 84.165A

# FORM APPROVED

**OMB No. 1855-0011, EXP. DATE**

![](media/image1.png){width="3.248611111111111in"
height="2.783333333333333in"}

**DATED MATERIAL - OPEN IMMEDIATELY**

**Closing Date:**

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| ### Application Package                                               |
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-   Paperwork Burden Statement

-   Important Information Regarding Grants.gov

###### I. Magnet Schools Assistance Program Materials {#i.-magnet-schools-assistance-program-materials .Heading-(Bolded)}

**Section A.** Legal and Regulatory Documents

-   Application Notice

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-   MSAP Regulations with No Child Left Behind (NCLB) Changes
    Incorporated

-   Technical Amendments to 34 CFR Part 280, published February 2, 2004

-   Notice of Final Priority

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-   Magnet Schools Assistance Program Statute---Title V, Part C of the
    NCLB

**Section B.** Application Instructions

-   Overview of Instructions for the Preparation of the Application

-   Application Checklist

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-   Instructions for Part III: Application Narrative

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-   Project Narrative

-   Other Documents and Attachments

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-   Required Desegregation Plan Information

-   Magnet Schools Assistance Program Assurances

-   Other Attachments

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-   Resumes

-   Letters of Support

###### II. Standard Forms {#ii.-standard-forms .Heading-(Bolded)}

-   Mandatory Submission of Electronic Application

-   ED Abstract Form

-   Instructions for Part I: Cover Sheet (SF-424)

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-   Instructions for the SF-424

-   Instructions for Department of Education Supplemental Information
    for SF-424

-   Definitions for Department of Education Supplemental Information for
    SF-424

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-   Instructions for Part II: Budget Forms

-   Assurances and Certifications

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-   Assurances---Non-Construction Programs (SF 424B)

-   Grants.gov Lobbying Form (formerly Certification Regarding Lobbying
    Ed 80-0013)

-   Disclosure of Lobbying Activities (SFLLL)

-   Certification Regarding Debarment, Suspension, Ineligibility and
    Voluntary Exclusion-Lower Tier Covered Transactions (ED 80-0014)

-   General Education Provisions Act (GEPA) Requirements-Section 427 (ED
    GEPA 427 Form)

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-   Executive Order 12372

**[Paperwork Burden Statement]{.underline}**

According to the Paperwork Reduction Act of 1995, no persons are
required to respond to a collection of information unless it displays a
valid OMB control number. The valid OMB control number for this
information collection is 1855-0011, Expiration date: **Insert New
Date**. The time required to complete this information collection is
estimated to average 40 hours per response, including the time to review
instructions, search existing data resources, gather the data needed,
and complete and review the information collection. If you have any
comments concerning the accuracy of the time estimate\[s\] or
suggestions for improving this form, please write to: U.S. Department of
Education, Washington, D.C. 20202-4651.

If you have comments or concerns regarding the status of your individual
submission of this form, write directly to: Steven L. Brockhouse, Office
of Innovation and Improvement, U.S. Department of Education, 400
Maryland Avenue, SW. room 4W229, Washington D.C. 20202-5970.

***Important Information Regarding Grants.gov***

**IMPORTANT-READ FIRST**

***[Grants.gov Submission Procedures and Tips for
Applicants]{.underline}***

Please note that the Grants.gov site works differently than the U.S.
Department of Education's (Department) e-Application system. To
facilitate your use of Grants.gov, this document includes important
submission procedures you need to be aware of to ensure your application
is received in a timely manner and accepted by the Department of
Education.

1\. **REGISTER EARLY**- Grants.gov registration is a one-time process
that may take five or more days to complete. You may begin working on
your application while completing the registration process, but you
cannot submit an application until all of the Get Started steps are
complete. For detailed information on the Get Started Steps, please go
to : <http://www.grants.gov/GetStarted> .

2\. **SUBMIT EARLY** -- We strongly recommend that you do not wait until
the last day to submit your application. Grants.gov will put a date/time
stamp on your application and then process it after it is fully
uploaded. The time it takes to upload an application will vary depending
on a number of factors including the size of the application and the
speed of your Internet connection, and the time it takes Grants.gov to
process the application will vary as well. If Grants.gov rejects your
application (see step three below), you will need to resubmit
successfully before 4:30 pm on the deadline date.

**Note: To submit successfully, you must provide the DUNS number on your
application that was used when your organization registered with the CCR
(Central Contractor Registry).**

3\. **VERIFY SUBMISSION IS OK-**You will want to verify that Grants.gov
and the Department receive your Grants.gov submission timely and that it
was validated successfully. To see the date/time your application was
received, login to Grants.gov and click on the Check Application Status
link. For a successful submission, the date/time received should be
earlier than 4:30 p.m. on the deadline date, AND the application status
should be Validated, Received by Agency Tracking Number Assigned.

If the date/time received is later than 4:30 p. m. Washington, D.C.
time, on the closing date, your application is late. If your application
has a status of "Received" it is still awaiting validation by
Grants.gov. Once validation is complete, the status will either change
to "Validated" or "Rejected with Errors." If the status is "Rejected
with Errors," your application has not been received successfully. Some
of the reasons Grants.gov may reject an application can be found on the
Grants.gov site:
<http://www.grants.gov/assets/ApplicationErrorTips.doc>. If you discover
your application is late or has been rejected, please see the
instructions below. Note: You will receive a series of confirmations
both online and via e-mail about the status of your application. Please
do not rely solely on e-mail to confirm whether your application has
been received timely and validated successfully.

# 

# Submission Problems -- What should you do?

If you have problems submitting to Grants.gov before the closing date,
please contact Grants.gov Customer Service Support at **1-800-518-4726**
or use the customer support available on the Web-site:
<http://www.grants.gov/CustomerSupport> .

If electronic submission is [optional]{.underline} and you have problems
that you are unable to resolve before the deadline date and time for
electronic applications, please follow the transmittal instructions for
hard copy applications in the Federal Register notice and get a hard
copy application postmarked by midnight on the deadline date.

# Helpful Hints When Working with Grants.gov

Please note, once you download an application from Grants.gov, you will
be working offline and saving data on your computer. Please be sure to
note where you are saving the Grants.gov file on your computer. You will
need to logon to Grants.gov to upload and submit the application. (This
is different from e-Application, where you are working online and saving
data to the Department's database.) **You must provide on your
application the DUNS number that was used when your organization
registered with the CCR.**

Please go to <http://www.grants.gov/ForApplicants> for help with
Grants.gov and click on the links in the lower right corner of the
screen under Applicant Tips and Tools. For additional tips related to
submitting grant applications, please refer to the Grants.gov Submit
Application Tips found on the Grants.gov homepage
[http://www.grants.gov](http://www.grants.gov/).

**Dial-Up Internet Connections**

When using a dial-up connection to upload and submit your application,
it can take significantly longer than when you are connected to the
Internet with a high-speed connection, e.g. cable modem/DSL/TI. While
times will vary depending upon the size of your application, it can take
a few minutes to a few hours to complete your grant submission using a
dial up connection. **If you do not have access to a high-speed
connection and electronic submission is required, you may want to
consider following the instructions in the Federal Register notice to
obtain an exception to the electronic submission requirement no later
than two weeks before the application deadline date.** (See the Federal
Register notice for detailed instructions.)

**MAC Users**

If you do not have a Windows operating system, you will need to use a
Windows Emulation program to submit an application using Grants.gov. For
additional information, review the [PureEdge Support for]{.underline}
Macintosh white paper published by Pure Edge:
[http://www.grants.gov/GrantsGov_UST_Grantee/!SSL!WebHelp/MacSupportfor
PureEdge.pdf](http://www.grants.gov/GrantsGov_UST_Grantee/!SSL!WebHelp/MacSupportfor PureEdge.pdf),
and or contact Grants.gov Customer Support
(<http://www.grants.gov/CustomerSupport>) for more information. **If you
do not have a Windows emulation program and electronic submission is
required, please follow instructions in the Federal Register notice to
obtain an exception to the electronic submission requirement no later
than two weeks before the application deadline date.** (See the Federal
Register notice for detailed instructions.)

## [Magnet Schools Assistance Program Materials]{.smallcaps} 

## [Section A]{.smallcaps}

**[Legal and Regulatory Documents]{.smallcaps}**

-   Application Notice

-   MSAP Regulations (as of July 1, 2006)

-   Amendments to 34 CFR Part 280, published \[insert date\]

-   Notice of final priority, published \[insert date\]

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-   Magnet Schools Assistance Program Statute---Title V, Part C of the
    No Child Left Behind Act

DRAFT

4000-01-U

DEPARTMENT OF EDUCATION

Office of Innovation and Improvement

Overview Information

Magnet Schools Assistance Program (MSAP)

Notice inviting applications for new awards for fiscal year (FY) 2007.

[Catalog of Federal Domestic Assistance (CFDA) Number]{.underline}:
84.165A

[Dates]{.underline}:

Applications Available: (INSERT DATE OF PUBLICATION IN THE FEDERAL
REGISTER).

Deadline for Notice of Intent to Apply: To be determined, 2007.

Deadline for Transmittal of Applications: To be determined, later 2007.

Deadline for Intergovernmental Review: (INSERT DATE 105 DAYS AFTER DATE
OF PUBLICATION IN THE FEDERAL REGISTER).

[Eligible Applicants]{.underline}: Local educational agencies (LEAs) or
consortia of LEAs.

[Estimated Available Funds]{.underline}: The Administration has
requested \$106.7 million for this program for FY 2007, of which
approximately \$100.0 million would be used these new awards. 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 before the end of the current fiscal year, if Congress
appropriates funds for this program.

[Estimated Range of Awards]{.underline}: \$350,000-4,000,000 per year.

[Estimated Average Size of Awards]{.underline}: \$2,500,000 per year.

[Maximum Award]{.underline}: We will not fund any application at an
amount exceeding the maximum amounts specified in section 5309(c) of the
Elementary and Secondary Education Act of 1965, as amended (ESEA) for a
single fiscal year. We may choose not to further consider or review
applications with budgets that exceed the maximum amounts specified
below, if we conclude, during our initial review of the application,
that the proposed goals and objectives cannot be obtained with the
specified maximum amount.

[Estimated Number of Awards:]{.underline} 40.

[Note]{.underline}: The Department is not bound by any estimates in this
notice.

[Project Period]{.underline}: Up to 36 months.

Full Text of Announcement

I. Funding Opportunity Description

[Purpose of Program]{.underline}: The MSAP provides grants to eligible
LEAs and consortia of LEAs to support magnet schools that are part of an
approved desegregation plan. Through the implementation of magnet
schools, these program resources can be used in pursuit of the
objectives of the ESEA, which enables all elementary and secondary
students to achieve to high standards and holds schools, LEAs, and
States accountable for ensuring that they do so. In particular, the MSAP
provides an opportunity for eligible entities to focus on expanding
their capacity to provide public school choice to students who attend
schools identified for improvement, corrective action, or restructuring
under Title I, Part A of the ESEA (Title I).

[Priorities]{.underline}: This competition includes four competitive
preference priorities and one invitational priority that are explained
in the following paragraphs.

[Competitive Preference Priorities]{.underline}: In accordance with 34
CFR 75.105(b)(2)(ii), Priorities 1, 2 and 3 are from the regulations for
this program (34 CFR 280.32). Priority 4 is from the notice of final
priority for this program (NFP), published elsewhere in this issue of
the [Federal Register]{.underline}.

For FY 2007 these priorities are competitive preference priorities.
Under 34 CFR 75.105(c)(2)(i) we award up to an additional 40 points
depending on how well the application meets these priorities. The
maximum possible points for each priority are indicated in parentheses
following the name of the competitive preference priority. These points
are in addition to any points the application earns under the selection
criteria.

These priorities are:

[Priority 1\--Need for assistance]{.underline} (up to 10 additional
points). The Secretary evaluates the applicant's needs for assistance
under the MSAP regulations in 34 CFR part 280, by considering\--

(a) The costs of fully implementing the magnet schools project as
    proposed;

(b) The resources available to the applicant to carry out the project if
    funds under the program were not provided;

DRAFT

(c) The extent to which the costs of the project exceed the applicant's
    resources; and

(d) The difficulty of effectively carrying out the approved plan and the
    project for which assistance is sought, including consideration of
    how the design of the magnet schools project\--e.g., the type of
    program proposed, the location of the magnet school within the
    LEA\--impacts on the applicant's ability to successfully carry out
    the approved plan.

# [Priority 2\--New or revised magnet schools projects]{.underline} (up to 10 additional points). The Secretary determines the extent to which the applicant proposes to carry out new magnet schools projects or significantly revise existing magnet schools projects. 

[Priority 3\--Selection of students]{.underline} (up to 10 additional
points). The Secretary determines the extent to which the applicant
proposes to select students to attend magnet schools by methods such as
lottery, rather than through academic examination.

[Priority 4\--Expanding Capacity to Provide Choice]{.underline} (up to
10 additional points). This priority supports projects that will\--

\(1\) Help parents whose children attend low-performing schools (that
is, schools that have been identified for school improvement, corrective
action, or restructuring under Title I of the ESEA by\--

\(a\) Selecting schools identified for school improvement, corrective
action, or restructuring under Title I as magnet schools to be funded
under this project and improving the quality of teaching and instruction
in these schools; or

\(b\) Maximizing the opportunity for students in low-performing schools
to attend higher-performing magnet schools funded under the project and
thereby reduce minority group isolation in the low-performing sending
schools; and

\(2\) Effectively inform parents whose children attend low-performing
schools about choices that are available to them in the magnet schools
to be funded under the project.

[Note]{.underline}: For the purpose of selecting applications under this
priority, [school improvement]{.underline} has the meaning given in 34
CFR 200.32(a)(1), [corrective action]{.underline} has the meaning given
in 34 CFR 200.33(a), and [restructuring]{.underline} has the meaning
given in 34 CFR 200.34(a).

[Invitational Priority]{.underline}: For FY 2007 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:

[Priority 5\--Experimental and Quasi-Experimental Evaluation
Designs]{.underline}

This invitational priority supports projects proposing an evaluation
plan that is based on rigorous scientifically based research methods to
assess the effectiveness of a particular intervention. The Secretary
intends that this priority will allow program participants and the
Department to determine whether the project produces meaningful effects
on student achievement or teacher performance.

Evaluation methods using an experimental design are best for determining
project effectiveness. Thus, when feasible, the project must use an
experimental design under which participants \-- e.g., students,
teachers, classrooms, or schools \-- are randomly assigned to
participate in the project activities being evaluated or to a control
group that does not participate in the project activities being
evaluated.

If random assignment is not feasible, the project may use a
quasi-experimental design with carefully matched comparison conditions.
This alternative design attempts to approximate a randomly assigned
control group by matching participants \-- e.g., students, teachers,
classrooms, or schools \-- with non-participants having similar
pre-program characteristics.

In cases where random assignment is not possible and participation in
the intervention is determined by a specified cutting point on a
quantified continuum of scores, regression discontinuity designs may be
employed.

For projects that are focused on special populations in which sufficient
numbers of participants are not available to support random assignment
or matched comparison group designs, single-subject designs such as
multiple baseline or treatment-reversal or interrupted time series that
are capable of demonstrating causal relationships can be employed.

Proposed evaluation strategies that use neither experimental designs
with random assignment nor quasi-experimental designs using a matched
comparison group nor regression discontinuity designs will not be
considered responsive to the priority when sufficient numbers of
participants are available to support these designs. Evaluation
strategies that involve too small a number of participants to support
group designs must be capable of demonstrating the causal effects of an
intervention or program on those participants.

DRAFT

The proposed evaluation plan must describe how the project evaluator
will collect \-- before the project intervention commences and after it
ends \-- valid and reliable data that measure the impact of
participation in the program or in the comparison group.

## In determining the quality of the evaluation method, we will consider the extent to which the applicant presents a feasible, credible plan that includes the following:

\(1\) The type of design to be used (that is, random assignment or
matched comparison). If matched comparison, include in the plan a
discussion of why random assignment is not feasible.

## (2) Outcomes to be measured.

## (3) A discussion of how the applicant plans to assign students, teachers, classrooms, or schools to the project and control group or match them for comparison with other students, teachers, classrooms, or schools.

## (4) A proposed evaluator, preferably independent, with the necessary background and technical expertise to carry out the proposed evaluation. An independent evaluator does not have any authority over the project and is not involved in its implementation.

## [Definitions]{.underline}

As used in this invitational priority\--

[Scientifically based research]{.underline} (section 9101(37) of the
ESEA as amended, 20 U.S.C. 7801(37)):

\(A\) Means research that involves the application of rigorous,
systematic, and objective procedures to obtain reliable and valid
knowledge relevant to education activities and programs; and

\(B\) Includes research that---

\(i\) Employs systematic, empirical methods that draw on observation or
experiment;

\(ii\) Involves rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn;

\(iii\) Relies on measurements or observational methods that provide
reliable and valid data across evaluators and observers, across multiple
measurements and observations, and across studies by the same or
different investigators;

\(iv\) Is evaluated using experimental or quasi-experimental designs in
which individuals, entities, programs, or activities are assigned to
different conditions and with appropriate controls to evaluate the
effects of the condition of interest, with a preference for
random-assignment experiments, or other designs to the extent that those
designs contain within-condition or across-condition controls;

\(v\) Ensures that experimental studies are presented in sufficient
detail and clarity to allow for replication or, at a minimum, offer the
opportunity to build systematically on their findings; and

\(vi\) Has been accepted by a peer-reviewed journal or approved by a
panel of independent experts through a comparably rigorous, objective,
and scientific review.

[Random assignment or experimental design]{.underline} means random
assignment of students, teachers, classrooms, or schools to participate
in a project being evaluated (treatment group) or not participate in the
project (control group). The effect of the project is the difference in
outcomes between the treatment and control groups.

[Quasi experimental designs]{.underline} include several designs that
attempt to approximate a random assignment design.

[Carefully matched comparison groups design]{.underline} means a
quasi-experimental design in which project participants are matched with
non-participants based on key characteristics that are thought to be
related to the outcome.

[Regression discontinuity design]{.underline} means a quasi-experimental
design that closely approximates an experimental design. In a regression
discontinuity design, participants are assigned to a treatment or
control group based on a numerical rating or score of a variable
unrelated to the treatment such as the rating of an application for
funding. Eligible students, teachers, classrooms, or schools above a
certain score ("cut score") are assigned to the treatment group and
those below the score are assigned to the control group. In the case of
the scores of applicants' proposals for funding, the "cut score" is
established at the point where the program funds available are
exhausted.

[Single subject design]{.underline} means a design that relies on the
comparison of treatment effects on a single subject or group of single
subjects. There is little confidence that findings based on this design
would be the same for other members of the population.

DRAFT

[Treatment reversal design]{.underline} means a single subject design in
which a pre-treatment or baseline outcome measurement is compared with a
post-treatment measure. Treatment would then be stopped for a period of
time, a second baseline measure of the outcome would be taken, followed
by a second application of the treatment or a different treatment. For
example, this design might be used to evaluate a behavior modification
program for disabled students with behavior disorders.

[Multiple baseline design]{.underline} means a single subject design to
address concerns about the effects of normal development, timing of the
treatment, and amount of the treatment with treatment-reversal designs
by using a varying time schedule for introduction of the treatment
and/or treatments of different lengths or intensity.

[Interrupted time series design]{.underline} means a quasi-experimental
design in which the outcome of interest is measured multiple times
before and after the treatment for program participants only.

### General

Applicants who are planning to respond to this invitational priority are
strongly encouraged to review the following technical assistance
resources:

\(1\) Random Assignment in Program Evaluation, Qs and As:
http://www.ed.gov/rschstat/eval/resources/randomqa.pdf

This document lists basic questions and answers that an educator or
administrator might have about random assignment and why it is an
effective and beneficial tool to use in education.

\(2\) How to Report the Results of Your Study: A User-Friendly Guide for
Evaluators of Educational Programs and Practices:
http://www.whatworkshelpdesk.ed.gov/guide_SRF.pdf This guide can help
grantees produce reports that are user-friendly and include the
appropriate information needed to accurately and fully convey their
findings to an audience.

\(3\) Key Items to Get Right When Conducting a Randomized Control Trial
in Education: http://www.whatworkshelpdesk.ed.gov/guide_RCT.pdf This
guide discusses planning a study, the random assignment process,
measuring outcomes, and analysis.

[Program Authority]{.underline}: 20 U.S.C. 7231-7231j.

[Applicable Regulations]{.underline}: (a) The Education Department
General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79,
80, 81, 82, 84, 85, 97, 98, and 99. (b) The regulations for this program
in 34 CFR part 280. (c) The amended final regulations for this program
published elsewhere in this issue of the [Federal Register]{.underline}.
(d) The NFP, published elsewhere in this issue of the [Federal
Register]{.underline}.

II\. Award Information

[Type of Award]{.underline}: Discretionary grants.

[Estimated Available Funds]{.underline}: The Administration has
requested \$106.7 million for this program for FY 2007, of which
approximately \$100.0 million would be used these new awards. 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 before the end of the current fiscal year, if Congress
appropriates funds for this program.

[Estimated Range of Awards]{.underline}: \$350,000 - \$4,000,000 per
year.

[Estimated Average Size of Awards]{.underline}: \$2,500,000 per year.

[Maximum Award]{.underline}: We will not fund any application at an
amount exceeding the maximum amounts specified in section 5309(c) of the
ESEA for a single fiscal year. We may choose not to further consider or
review applications with budgets that exceed the maximum amounts
specified below, if we conclude, during our initial review of the
application, that the proposed goals and objectives cannot be obtained
with the specified maximum amount.

[Estimated Number of Awards]{.underline}: 40.

[Note]{.underline}: The Department is not bound by any estimates in this
notice.

[Project Period]{.underline}: Up to 36 months.

## III. Eligibility Information

> 1\. [Eligible Applicants]{.underline}: LEAs or consortia of LEAs.

2\. [Cost Sharing or Matching]{.underline}: This program does not
involve cost sharing or matching.

3\. [Other]{.underline}: Applicants must submit with their applications
one of the following types of plans to establish eligibility to receive
MSAP assistance: (a) a desegregation plan required by a court order; (b)
a plan required by a State agency or an official of competent
jurisdiction; (c) a plan required by the Office for Civil Rights (OCR),
United States Department of Education (ED), under Title VI of the Civil
Rights Act of 1964 (Title VI plan); or (d) a voluntary plan adopted by
the applicant and submitted to us for approval as part of the
application.

DRAFT

Under the MSAP regulations, applicants are required to provide all of
the information required in 34 CFR 280.20(a) through (g) in order to
satisfy the civil rights eligibility requirements found in 34 CFR
280.2(a)(2) and (b).

In addition to the particular data and other items for required and
voluntary plans described in the application package, an application
must include\--

-   Signed civil rights assurances (included in the application
    package);

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-   A copy of the applicant\'s plan; and

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-   An assurance that the plan is being implemented or will be
    implemented if the application is funded.

[Required Plans]{.underline}

# 1. Plans required by a court order. An applicant that submits a plan required by a court order must submit complete and signed copies of all court or State documents demonstrating that the magnet schools are a part of the approved plan. Examples of the types of documents that would meet this requirement include\--

# A Federal or State court order that establishes or amends a previous order or orders by establishing additional or different specific magnet schools;

# A Federal or State court order that requires or approves the establishment of one or more unspecified magnet schools or that authorizes the inclusion of magnet schools at the discretion of the applicant.

# 2. Plans required by a State agency or official of competent jurisdiction. An applicant submitting a plan ordered by a State agency or official of competent jurisdiction must provide documentation that shows that the plan was ordered based upon a determination that State law was violated. In the absence of this documentation, the applicant should consider its plan to be a voluntary plan and submit the data and information necessary for voluntary plans.

# 3. Title VI required plans. An applicant that submits a plan required by OCR under Title VI must submit a complete copy of the plan demonstrating that magnet schools are part of the approved plan.

# 4. Modifications to required plans. A previously approved desegregation plan that does not include the magnet school or program for which the applicant is now seeking assistance must be modified to include the magnet school component. The modification to the plan must be approved by the court, agency, or official that originally approved the plan. An applicant that wishes to modify a previously approved OCR Title VI plan to include different or additional magnet schools must submit the proposed modification for review and approval to the OCR regional office that approved its original plan.

# An applicant should indicate in its application if it is seeking to modify its previously approved plan. However, all applicants must submit proof of approval of all modifications to their plans to ED by January 5, 2007. Proof of plan modifications should be mailed to the person and address identified in FOR FURTHER INFORMATION CONTACT elsewhere in this notice.

# [Voluntary Plans]{.underline}

# A voluntary plan must be approved by ED each time an application is submitted for funding. Even if ED has approved a voluntary plan in an LEA in the past, the plan must be resubmitted for approval as part of the application.

The enrollment and other information as required by the regulations in
34 CFR 280.20(f) and (g) for applicants with voluntary plans (specific
requirements are detailed in the application package) are critical to
our determination of an applicant's eligibility under a voluntary plan.

The purposes of the MSAP include the reduction, elimination or
prevention of minority group isolation. All voluntary plans proposed in
an LEA's application must be adequate under Title VI. The Department
believes that LEAs submitting voluntary plans can achieve the statutory
purposes of reducing, eliminating, or preventing minority group
isolation using race-neutral admissions practices. The United States
Supreme Court is expected to provide additional guidance about the use
of race in voluntary plans in two cases prior to the award of FY 2007
grants. The Department will examine the implications of those decisions
on the MSAP program when making FY 2007 awards.

###### IV. Application and Submission Information

1\. [Address to Request Application Package]{.underline}: Joan
Scott-Ambrosio, U.S. Department of Education, 400 Maryland Avenue, SW.,
room 4W236, Washington, DC 20202-5970. Telephone: (202) 260-2715 or by
e-mail: joan.scott-ambrosio@ed.gov.

If you use a telecommunications device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1-800-877-8339.

DRAFT

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 person listed in
this section.

2\. [Content and Form of Application Submission]{.underline}:
Requirements concerning the content of an application, together with the
forms you must submit, are in the application package for this
competition.

Notice of Intent to Apply: The Department will be able to develop a more
efficient process for reviewing grant applications if it has a better
understanding of the number of entities that intend to apply for funding
under this competition. Therefore, the Secretary strongly encourages
each potential applicant to notify the Department by sending a short
e-mail message indicating the applicant\'s intent to submit an
application for funding. The e-mail need not include information
regarding the content of the proposed application, only the applicant\'s
intent to submit it. This e-mail notification should be sent to
richard.kress@ed.gov.

Applicants that fail to provide this e-mail notification may still apply
for funding.

Page Limit: The application narrative (Part III of the application) is
where you, the applicant, address the selection criteria and competitive
preference priorities that reviewers use to evaluate your application.
You must limit Part III to the equivalent of no more than 250 pages,
using 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).

The 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, certifications and the desegregation plan and related
information; or the one-page abstract, the resumes, or letters of
support. However, you must include all of the application narrative in
Part III.

Our reviewers will not read any pages of your application that--

-   Exceed the page limit if you apply these standards; or

-   Exceed the equivalent of the page limit if you apply other
    standards.

3\. [Submission Dates and Times]{.underline}:

Applications Available: (INSERT DATE OF PUBLICATION IN THE FEDERAL
REGISTER).

Deadline for Notice of Intent to Apply: To be determined, 2007.

Deadline for Transmittal of Applications: To be determined, later 2007.

Applications for grants under this competition must be submitted
electronically using the Grants.gov Apply site (Grants.gov). For
information (including dates and times) about how to submit your
application electronically or by mail or hand delivery if you qualify
for an exception to the electronic submission requirement, please refer
to section IV. 6. [Other Submission Requirements]{.underline} in this
notice.

We do not consider an application that does not comply with the deadline
requirements.

Deadline for Intergovernmental Review: (INSERT DATE 105 DAYS AFTER DATE
OF PUBLICATION IN THE FEDERAL REGISTER).

4\. [Intergovernmental Review]{.underline}: 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 Restrictions]{.underline}: We specify unallowable costs in
34 CFR 280.41. We reference additional regulations outlining funding
restrictions in the [Applicable Regulations]{.underline} section of this
notice.

6\. [Other Submission Requirements]{.underline}. Applications for grants
under this competition must be submitted electronically unless you
qualify for an exception to this requirement in accordance with the
instructions in this section.

a\. [Electronic Submission of Applications]{.underline}.

Applications for grants under the Magnet Schools Assistance
Program---CFDA Number 84.165A must be submitted electronically using the
Governmentwide Grants.gov Apply site at: http://www.grants.gov. Through
this site, you will be able to download a copy of the application
package, complete it offline, and then upload and submit your
application. You may not e-mail an electronic copy of a grant
application to us.

We will reject your application if you submit it in paper format unless,
as described elsewhere in this section, you qualify for one of the
exceptions to the electronic submission requirement [and]{.underline}
submit, no later than two weeks before the application deadline date, a
written statement to the Department that you

DRAFT

qualify for one of these exceptions. Further information regarding
calculation of the date that is two weeks before the application
deadline date is provided later in this section under [Exception to
Electronic Submission Requirement]{.underline}.

You may access the electronic grant application for the Magnet Schools
Assistance Program at http://www.grants.gov. You must search for the
downloadable application package for this program by the CFDA number. Do
not include the CFDA number's alpha suffix in your search (e.g., search
for 84.165, not 84.165A).

Please note the following:

• When you enter the Grants.gov site, you will find information about
submitting an application electronically through the site, as well as
the hours of operation.

• Applications received by Grants.gov are time and date stamped. Your
application must be fully uploaded and submitted, and must be date/time
stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC
time, on the application deadline date. Except as otherwise noted in
this section, we will not consider your application if it is date/time
stamped by the Grants.gov system later than 4:30 p.m., Washington, DC
time, on the application deadline date. When we retrieve your
application from Grants.gov, we will notify you if we are rejecting your
application because it was date/time stamped by the Grants.gov system
after 4:30 p.m., Washington, DC time, on the application deadline date.

• The amount of time it can take to upload an application will vary
depending on a variety of factors including the size of the application
and the speed of your Internet connection. Therefore, we strongly
recommend that you do not wait until the application deadline date to
begin the submission process through Grants.gov.

• You should review and follow the Education Submission Procedures for
submitting an application through Grants.gov that are included in the
application package for this program to ensure that you submit your
application in a timely manner to the Grants.gov system. You can also
find the Education Submission Procedures pertaining to Grants.gov at
http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf

To submit your application via Grants.gov, you must complete all of the
steps in the Grants.gov registration process (see
http://www.grants.gov/applicants/get_registered.jsp). These steps
include (1) registering your organization, a multi-part process that
includes registration with the Central Contractor Registry (CCR); (2)
registering yourself as an Authorized Organization Representative (AOR);
and (3) getting authorized as an AOR by your organization. Details on
these steps are outlined in the Grants.gov 3-Step Registration Guide
(see
http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).
You also must provide on your application the same D-U-N-S Number used
with this registration. Please note that the registration process may
take five or more business days to complete, and you must have completed
all registration steps to allow you to successfully submit an
application via Grants.gov. In addition, you will need to update your
CCR registration on an annual basis. This may take three or more
business days to complete.

You will not receive additional point value because you submit your
application in electronic format, nor will we penalize you if you
qualify for an exception to the electronic submission requirement, as
described elsewhere in this section, and submit your application in
paper format.

• You must submit all documents electronically, including all
information typically included on the following forms: Application for
Federal Assistance (SF 424), the Department of Education Supplemental
Information for SF 424, Budget Information\--Non-Construction Programs
(ED 524), and all necessary assurances and certifications. Please note
that two of these forms\--the SF 424 and the Department of Education
Supplemental Information for SF 424\--have replaced the ED 424
(Application for Federal Education Assistance).

You must attach any narrative sections of your application as files in a
.DOC (document), .RTF (rich text), or .PDF (Portable Document) format.
If you upload a file type other than the three file types specified
above or submit a password protected file, we will not review that
material.

• Your electronic application must comply with any page limit
requirements described in this notice.

• After you electronically submit your application, you will receive
from Grants.gov an automatic notification of receipt that contains a
Grants.gov tracking number. (This notification indicates receipt by
Grants.gov only, not receipt by the Department.) The Department will
then retrieve your application from Grants.gov and send to you by e-mail
a second notification that indicates that the Department has received
your application and has assigned your application a PR/Award number (an
ED-specified identifying number unique to your application).

DRAFT

• We may request that you provide us original signatures on forms at a
later date.

[Application Deadline Date Extension in Case of Technical Issues with
the Grants.gov System]{.underline}: If you are experiencing problems
submitting your application through Grants.gov, please contact the
Grants.gov Support Desk at 1-800-518-4726. You must obtain a Grants.gov
Support Desk Case Number and must keep a record of it.

If you are prevented from electronically submitting your application on
the application deadline date because of technical problems with the
Grants.gov system, we will grant you an extension until 4:30 p.m.,
Washington, DC time, the following business day to enable you to
transmit your application electronically, or by hand delivery. You also
may mail your application by following the mailing instructions as
described elsewhere in this notice. If you submit an application after
4:30 p.m., Washington, DC time, on the deadline date, please contact the
person listed elsewhere in this notice under [For Further Information
Contact]{.underline}, and provide an explanation of the technical
problem you experienced with Grants.gov, along with the Grants.gov
Support Desk Case Number. We will accept your application if we can
confirm that a technical problem occurred with the Grants.gov system and
that that problem affected your ability to submit your application by
4:30 p.m., Washington, DC time, on the application deadline date. The
Department will contact you after a determination is made on whether
your application will be accepted.

[Note]{.underline}: Extensions referred to in this section apply only to
the unavailability of or technical problems with the Grants.gov system.
We will not grant you an extension if you failed to fully register to
submit your application to Grants.gov before the deadline date and time
or if the technical problem you experienced is unrelated to the
Grants.gov system.

[Exception to Electronic Submission Requirement]{.underline}: You
qualify for an exception to the electronic submission requirement, and
may submit your application in paper format, if you are unable to submit
an application through the Grants.gov system because----

• You do not have access to the Internet; or

• You do not have the capacity to upload large documents to the
Grants.gov system;

[and]{.underline}

• No later than two weeks before the application deadline date (14
calendar days or, if the fourteenth calendar day before the application
deadline date falls on a Federal holiday, the next business day
following the Federal holiday), you mail or fax a written statement to
the Department, explaining which of the two grounds for an exception
prevent you from using the Internet to submit your application. If you
mail your written statement to the Department, it must be postmarked no
later than two weeks before the application deadline date. If you fax
your written statement to the Department, we must receive the faxed
statement no later than two weeks before the application deadline date.

Address and mail or fax your statement to: To Be Determined, U.S.
Department of Education, 400 Maryland Avenue, SW., room 4Wxxx,
Washington, DC 20202--5970***.*** FAX: (202) 205-5630.

Your paper application must be submitted in accordance with the mail or
hand delivery instructions described in this notice.

b\. [Submission of Paper Applications by Mail]{.underline}.

If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier), your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the applicable following
address:

[By mail through the U.S. Postal Service]{.underline}:

> U.S. Department of Education
>
> Application Control Center

# Attention: (CFDA Number 84.165A)

# 400 Maryland Avenue, SW.

Washington, DC 20202-4260

or

[By mail through a commercial carrier]{.underline}:

U.S. Department of Education

Application Control Center -- Stop 4260

DRAFT

> Attention: (CFDA Number 84.165A)
>
> 7100 Old Landover Road

Landover, MD 20785-1506

Regardless of which address you use, you must show proof of mailing
consisting of one of the following:

\(1\) A legibly dated U.S. Postal Service postmark,

\(2\) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service,

\(3\) A dated shipping label, invoice, or receipt from a commercial
carrier, or

\(4\) Any other proof of mailing acceptable to the Secretary of the U.S.
Department of Education.

If you mail your application through the U.S. Postal Service, we do not
accept either of the following as proof of mailing:

\(1\) A private metered postmark, or

\(2\) A mail receipt that is not dated by the U.S. Postal Service.

If your application is postmarked after the application deadline date,
we will not consider your application.

[Note]{.underline}: The U.S. Postal Service does not uniformly provide a
dated postmark. Before relying on this method, you should check with
your local post office.

c\. [Submission of Paper Applications by Hand Delivery]{.underline}.

If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original and
two copies of your application by hand, on or before the application
deadline date, to the Department at the following address:

> U.S. Department of Education
>
> Application Control Center
>
> Attention: (CFDA Number 84.165A)
>
> 550 12th Street, SW.
>
> Room 7041, Potomac Center Plaza
>
> Washington, DC 20202-4260

The Application Control Center accepts hand deliveries daily between
8:00 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays
and Federal holidays.

[Note for Mail or Hand Delivery of Paper Applications]{.underline}: If
you mail or hand deliver your application to the Department:

\(1\) You must indicate on the envelope and\--if not provided by the
Department\--in Item 4 of the Application for Federal Education
Assistance (SF 424) the CFDA number\--and suffix letter, if any\--of the
competition under which you are submitting your application.

\(2\) The Application Control Center will mail a grant application
receipt acknowledgment to you. If you do not receive the grant
application receipt acknowledgment within 15 business days from the
application deadline date, you should call the U.S. Department of
Education Application Control Center at (202) 245-6288.

#### V. Application Review Information

1\. [Selection Criteria]{.underline}: All of the selection criteria for
this program are from 34 CFR 280.31 with the exception of the selection
criterion for the Quality of project design. The Quality of project
design selection criterion is from the statute for this program, in
accordance with 34 CFR 75.209.

The maximum score for all the selection criteria is 100 points. The
maximum score for each criterion is included in parentheses. Each
criterion also includes the factors that reviewers will consider in
determining whether an application meets the criterion.

Points awarded under these selection criteria are in addition to any
points an applicant earns under the competitive preference priorities in
this notice. The maximum score an application may receive based on the
priority points and the selection criteria is 140 points.

\(a\) [Plan of operation]{.underline}. (25 points)

\(1\) The Secretary reviews each application to determine the quality of
the plan of operation for the project.

\(2\) The Secretary determines the extent to which the applicant
demonstrates\--

\(i\) The effectiveness of its management plan to ensure proper and
efficient administration of the project;

\(ii\) The effectiveness of its plan to attain specific outcomes that\--

\(A\) Will accomplish the purposes of the program;

DRAFT

\(B\) Are attainable within the project period;

\(C\) Are measurable and quantifiable; and

\(D\) For multi-year projects, can be used to determine the project\'s
progress in meeting its intended outcomes;

\(iii\) The effectiveness of its plan for utilizing its resources and
personnel to achieve the objectives of the project, including how well
it utilizes key personnel to complete tasks and achieve the objectives
of the project;

\(iv\) How it will ensure equal access and treatment for eligible
project participants who have been traditionally underrepresented in
courses or activities offered as part of the magnet school, e.g., women
and girls in mathematics, science or technology courses, and disabled
students; and

\(v\) The effectiveness of its plan to recruit students from different
social, economic, ethnic, and racial backgrounds into the magnet
schools.

\(b\) [Quality of personnel]{.underline}. (10 points)

\(1\) The Secretary reviews each application to determine the
qualifications of the personnel the applicant plans to use on the
project.

\(2\) The Secretary determines the extent to which\--

\(i\) The project director (if one is used) is qualified to manage the
project;

\(ii\) Other key personnel are qualified to manage the project;

\(iii\) Teachers who will provide instruction in participating magnet
schools are qualified to implement the special curriculum of the magnet
schools; and

\(iv\) The applicant, as part of its nondiscriminatory employment
practices will ensure that its personnel are selected for employment
without regard to race, religion, color, national origin, sex, age, or
disability.

\(3\) To determine personnel qualifications the Secretary considers
experience and training in fields related to the objectives of the
project, including the key personnel\'s knowledge of and experience in
curriculum development and desegregation strategies.

\(c\) [Quality of project design]{.underline}. (35 points)

\(1\) The Secretary reviews each application to determine the quality of
the project design based on sections 5305(b)(1)(A), 5305(b)(1)(B),
5305(b)(1)(D)(i), 5305(b)(2)(D) and 5307(b) of the ESEA.

\(2\) The Secretary determines the extent to which each magnet school
for which funding is sought will\--

\(i\) Promote desegregation, including how each proposed magnet school
program will increase interaction among students of different social,
economic, ethnic, and racial backgrounds;

\(ii\) Improve student academic achievement for all students attending
each magnet school program, including the manner and extent to which
each magnet school program will increase student academic achievement in
the instructional area or areas offered by the school;

\(iii\) Carry out a high quality educational program that will
substantially strengthen students\' reading skills or knowledge of
mathematics, science, history, geography, English, foreign languages,
art, music, or vocational skills; and

\(iv\) Encourage greater parental decisionmaking and involvement.

\(d\) [Budget and resources]{.underline}. (5 points) The Secretary
reviews each application to determine the adequacy of the resources and
the cost-effectiveness of the budget for the project, including\--

\(1\) The adequacy of the facilities that the applicant plans to use;

\(2\) The adequacy of the equipment and supplies that the applicant
plans to use; and

\(3\) The adequacy and reasonableness of the budget for the project in
relation to the objectives of the project.

\(e\) [Evaluation plan]{.underline}. (15 points) The Secretary
determines the extent to which the evaluation plan for the project\--

\(1\) Includes methods that are appropriate to the project;

\(2\) Will determine how successful the project is in meeting its
intended outcomes, including its goals for desegregating its students
and increasing student achievement; and

\(3\) Includes methods that are objective and that will produce data
that are quantifiable.

\(f\) [Commitment and capacity]{.underline}. (10 points)

\(1\) The Secretary reviews each application to determine whether the
applicant is likely to continue the magnet school activities after
assistance under the regulations is no longer available.

\(2\) The Secretary determines the extent to which the applicant\--

\(i\) Is committed to the magnet schools project; and

DRAFT

\(ii\) Has identified other resources to continue support for the magnet
school activities when assistance under this program is no longer
available.

VI\. Award Administration Information

1\. [Award Notices]{.underline}: If your application is successful, we
notify your U.S. Representative and U.S. Senators and send you a Grant
Award Notification (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]{.underline}: We
identify administrative and national policy requirements in the
application package and reference these and other requirements in the
[Applicable Regulations]{.underline} section of this notice.

We reference the regulations outlining the terms and conditions of an
award in the [Applicable Regulations]{.underline} 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]{.underline}: 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, including information that documents the
extent of success in addressing the performance measures described in
the following paragraph. For specific requirements on grantee reporting,
please go to the ED Performance Report Form 524B at
http://www.ed.gov/fund/grant/apply/appforms/appforms.html.

4\. [Performance Measures]{.underline}: We have established two
performance measures for the MSAP:

\(a\) Annual increases in the percentage of magnet schools whose student
applicant pool reflects a racial and ethnic composition that, in
relation to the total enrollment of the school, reduces, eliminates or
prevents minority group isolation. The Secretary has set an overall
performance target that calls for the percentage of magnet schools whose
student applicant pool would have a beneficial effect on the reduction,
prevention or elimination of minority group isolation in participating
project schools to increase annually from a baseline established with
magnet school applicant data from the first year of the project.

\(b\) Annual increases in the percentage of magnet schools whose
students from major racial and ethnic groups meet or exceed their
State's adequate yearly progress standard, in accordance with their
State's plan required by section 1111 of the ESEA. The Secretary has set
an overall performance target that calls for the percentage of magnet
schools whose students meet or exceed the adequate yearly progress
standard to increase annually from a baseline established by
participating schools' performance in the school year prior to the
beginning of the project.

#### VII. Agency Contact

[For Further Information Contact]{.underline}: To be determined, U.S.
Department of Education, 400 Maryland Avenue, SW., room 4WXXX,
Washington, DC 20202-5961. Telephone: (202) 260-xxxx or by e-mail:
first.last@ed.gov

If you use a telecommunications device for the deaf (TDD), you may call
the Federal Relay Service (FRS) 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 person listed in this section.

#### VIII. Other Information

[Electronic Access to This Document]{.underline}: You may view this
document, as well as all other documents of this Department published in
the [Federal Register]{.underline}, in text or Adobe Portable Document
Format (PDF) on the Internet at the following site:
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]{.underline}: The official version of this document is the
document published in the [Federal Register]{.underline}. Free Internet
access to the official edition of the [Federal Register]{.underline} and
the Code of Federal Regulations is available on GPO Access at:
www.gpoaccess.gov/nara/index.html

Dated:

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Morgan S. Brown,

## [Assistant Deputy Secretary]{.underline}

> [for Innovation and Improvement]{.underline}.

**TITLE 34\--EDUCATION**

**PART 280 MAGNET SCHOOLS ASSISTANCE PROGRAM**

**Subpart A General**

280.1 What is the Magnet Schools Assistance Program?

280.2 Who is eligible to apply for a grant?

280.3 What regulations apply to this program?

280.4 What definitions apply to this program?

**Subpart B What Types of Projects Does the Secretary Assist Under This
Program?**

280.10 What types of projects does the Secretary assist?

**Subpart C How Does One Apply for a Grant?**

280.20 How does one apply for a grant?

**Subpart D How Does the Secretary Make a Grant?**

280.30 How does the Secretary evaluate an application?

280.31 What selection criteria does the Secretary use?

280.32 How is priority given to applicants?

280.33 How does the Secretary select applications for new grants with
funds appropriated in excess of \$75 million?

**Subpart E What Conditions Must Be Met by a Grantee?**

280.40 What costs are allowable?

280.41 What are the limitations on allowable costs?

Authority: 20 U.S.C. 7231-7231j, unless otherwise noted.

**SUBPART A-GENERAL**

**Sec. 280.1 What is the Magnet Schools Assistance Program?**

The Magnet Schools Assistance Program provides grants to eligible local
educational agencies (LEAs) or consortia of LEAs for use in magnet
schools that are part of an approved desegregation plan and that are
designed to bring students from different social, economic, ethnic and
racial backgrounds together. The purposes of the program are to support,
through financial assistance to eligible LEAs or consortia of LEAs\--

\(a\) The elimination, reduction, or prevention of minority group
isolation in elementary and secondary schools with substantial portions
of minority students, which shall include assisting in the efforts of
the United States to achieve voluntary desegregation in public schools;

\(b\) The development and implementation of magnet school projects that
will assist LEAs in achieving systemic reforms and providing all
students the opportunity to meet challenging State academic content
standards and student academic achievement standards;

\(c\) The development and design of innovative educational methods and
practices that promote diversity and increase choices in public
elementary schools and public secondary schools and public educational
programs;

\(d\) Courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects and the
attainment of tangible and marketable vocational, technological, and
professional skills of students attending such schools;

\(e\) Improvement of the capacity of LEAs, including through
professional development, to continue operating magnet schools at a high
performance level after Federal funding for the magnet schools is
terminated; and

\(f\) Ensuring that all students enrolled in the magnet school programs
have equitable access to high quality education that will enable the
students to succeed academically and continue with postsecondary
education or productive employment.

(Authority: 20 U.S.C. 7231)

\[51 FR 20414, June 4, 1986, as amended at 60 FR 14865, Mar. 20, 1995;
69 FR 4996, Feb. 2, 2004\]

**Sec. 280.2 Who is eligible to apply for a grant?**

\(a\) An LEA or consortia of LEAs is eligible to receive assistance
under this part if the LEA or consortia of LEAs meets any of the
following requirements:

\(1\) The LEA or consortia of LEAs is implementing a plan undertaken
pursuant to a final order of a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, and the order requires the desegregation of minority group
segregated children or faculty in the elementary and secondary schools
of that agency or those agencies.

\(2\) The LEA or consortia of LEAs adopted and is implementing on either
a voluntary basis or as required under title VI of the Civil Rights Act
of 1964\--or will adopt and implement if assistance is made available
under this part\--a plan that has been approved by the Secretary as
adequate under title VI.

\(b\) The Secretary approves a voluntary plan under paragraph (a)(2) of
this section only if he determines that for each magnet school for which
funding is sought\--

\(1\) The magnet school will reduce, eliminate, or prevent minority
group isolation within the period of the grant award, either in the
magnet school or in a feeder school, as appropriate; and

\(2\) The establishment of the magnet school will not result in an
increase of minority enrollment, at the magnet school or at any feeder
school, above the districtwide percentage of minority group students in
the LEA\'s schools at the grade levels served by that magnet school.

(Authority: 20 U.S.C. 7231c)

\[50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 57
FR 61508, Dec. 24, 1992; 60 FR 14865, Mar. 20, 1995; 69 FR 4996, Feb. 2,
2004\]

**Sec. 280.3 What regulations apply to this program?**

The following regulations apply to the Magnet Schools Assistance
Program:

\(a\) The Education Department General Administrative Regulations
(EDGAR), 34 CFR parts 75 (Direct grant programs), 77 (Definitions apply
to Department regulations), 79 (Intergovernmental Review of Department
of Education programs and activities), 80 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments), and 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).

\(b\) The regulations in this part.

(Authority: 20 U.S.C. 7231-7231j)

\[50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 69
FR 4996, Feb. 2, 2004\]

**Sec. 280.4 What definitions apply to this program?**

\(a\) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR part 77:

Applicant

Application

Budget

EDGAR

Elementary school

Equipment

Facilities

Fiscal year

Local educational agency

Project

Secondary school

Secretary

State

\(b\) Definitions that apply to this program. The following definitions
also apply to this part:

*Act* means the Elementary and Secondary Education Act of 1965 as
amended by title V, Part C of the No Child Left Behind Act of 2001, Pub.
L. 107-110 (20 U.S.C. 7231-7231j).

*Desegregation*, in reference to a plan, means a plan for the
reassignment of children or faculty to remedy the illegal separation of
minority group children or faculty in the schools of an LEA or a plan
for the reduction, elimination, or prevention of minority group
isolation in one or more of the schools of an LEA.

*Feeder school* means a school from which students are drawn to attend a
magnet school.

*Magnet school* means a public elementary school, public secondary
school, public elementary education center, or public secondary
education center that offers a special curriculum capable of attracting
substantial numbers of students of different racial backgrounds.

*Minority group* means the following:

\(1\) American Indian or Alaskan Native. A person having origins in any
of the original peoples of North America, and who maintains cultural
identification through tribal affiliation or community recognition.

\(2\) Asian of Pacific Islander. A person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands. This area includes, for example,
China, India, Japan, Korea, the Philippine Islands, and Samoa.

\(3\) Black (Not of Hispanic Origin). A person having origins in any of
the black racial groups of Africa.

\(4\) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or
South American, or other Spanish culture or origin, regardless of race.

*Minority group isolation*, in reference to a school, means a condition
in which minority group children constitute more than 50 percent of the
enrollment of the school.

*Special curriculum* means a course of study embracing subject matter or
a teaching methodology that is not generally offered to students of the
same age or grade level in the same LEA or consortium of LEAs, as the
students to whom the special curriculum is offered in the magnet
schools. This term does not include:

\(1\) A course of study or a part of a course of study designed solely
to provide basic educational services to handicapped students or to
students of limited English-speaking ability;

\(2\) A course of study or a part of a course of study in which any
student is unable to participate because of his or her limited
English-speaking ability;

\(3\) A course of study or a part of a course of study in which any
student is unable to participate because of his or her limited financial
resources; or

\(4\) A course of study or a part of a course of study that fails to
provide for a participating student\'s meeting the requirements for
completion of elementary or secondary education in the same period as
other students enrolled in the applicant\'s schools.

(Authority: 20 U.S.C. 7231-7231j)

\[50 FR 21191, May 22, 1985, as amended at 51 FR 20414, June 4, 1986; 54
FR 19508 and 19509, May 5, 1989; 57 FR 61509, Dec. 24, 1992; 60 FR
14865, Mar. 20, 1995; 69 FR 4996, Feb. 2, 2004\]

**SUBPART B-WHAT TYPES OF PROJECTS DOES THE SECRETARY ASSIST UNDER THIS
PROGRAM?**

**Sec. 280.10 What types of projects does the Secretary assist?**

\(a\) The Secretary funds applications proposing projects in magnet
schools that are part of an approved desegregation plan and that are
designed to bring students from different social, economic, ethnic, and
racial backgrounds together.

\(b\) For the purposes of this part, an approved desegregation plan is a
desegregation plan described in Sec. 280.2 (a) or (b).

\(c\) In the case of a desegregation plan described in Sec. 280.2(a)(1),
any modification to that plan must be approved by the court, agency, or
official that approved the plan.

(Authority: 20 U.S.C. 7203)

\[50 FR 21191, May 22, 1985, as amended at 51 FR 20414, June 4, 1986; 54
FR 19508 and 19509, May 5, 1989\]

**SUBPART C-HOW DOES ONE APPLY FOR A GRANT?**

**Sec. 280.20 How does one apply for a grant?**

\(a\) Each eligible LEA or consortium of LEAs that desires to receive
assistance under this part shall submit an annual application to the
Secretary.

\(b\) In its application, the LEA or consortium of LEAs shall provide
assurances that it\--

\(1\) Will use funds made available under this part for the purposes
specified in section 5301(b) of the Act;

\(2\) Will employ highly qualified teachers in the courses of
instruction assisted under this part;

\(3\) Will not engage in discrimination based upon race, religion,
color, national origin, sex, or disability in the hiring, promotion, or
assignment of employees of the agency or other personnel for whom the
agency has any administrative responsibility;

\(4\) Will not engage in discrimination based upon race, religion,
color, national origin, sex, or disability in the assignment of students
to schools or to courses of instruction within schools of the agency,
except to carry out the approved desegregation plan;

\(5\) Will not engage in discrimination based upon race, religion,
color, national origin, sex, or disability in designing or operating
extracurricular activities for students;

\(6\) Will carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement; and

\(7\) Will give students residing in the local attendance area of the
proposed magnet school program equitable consideration for placement in
the program, consistent with desegregation guidelines and the capacity
of the applicant to accommodate students.

\(c\) In addition to the assurances listed in paragraph (b) of this
section, the LEA or consortium of LEAs shall provide such other
assurances as the Secretary determines necessary to carry out the
provisions of this part.

\(d\) Upon request, the LEA or consortium of LEAs shall submit any
information that is necessary for the Assistant Secretary for Civil
Rights to determine whether the assurances required in paragraphs (b)
(3), (4), and (5) of this section will be met.

\(e\) An LEA or consortium of LEAs that has an approved desegregation
plan shall submit each of the following with its application:

\(1\) A copy of the plan.

\(2\) An assurance that the plan is being implemented as approved.

\(f\) An LEA or consortium of LEAs that does not have an approved
desegregation plan shall submit each of the following with its
application:

\(1\) A copy of the plan the LEA or consortium of LEAs is submitting for
approval.

\(2\) A copy of a school board resolution or other evidence of final
official action adopting and implementing the plan, or agreeing to adopt
and implement it upon the award of assistance under this part.

\(3\) Evidence that the plan is a desegregation plan as defined in Sec.
280.4(b).

\(4\) For an LEA or consortium of LEAs that seeks assistance for
existing magnet schools\--

\(i\) Enrollment numbers and percentages, for minority and non-minority
group students, for each magnet school for which funding is sought and
each feeder school\--

\(A\) For the school year prior to the creation of each magnet school;

\(B\) For the school year in which the application is submitted; and

\(C\) For each of the school years of the proposed grant cycle (i.e.,
projected enrollment figures); and

\(ii\) Districtwide enrollment numbers and percentages for minority
group students in the LEA\'s or consortium of LEAs\' schools, for grade
levels involved in the applicant\'s magnet schools (e.g., K-6, 7-9,
10-12)\--

\(A\) For the school year prior to the creation of each magnet school;

\(B\) For the school year in which the application is submitted; and

\(C\) For each of the school years of the proposed grant cycle (i.e.,
projected enrollment figures).

\(5\) For an LEA or consortium of LEAs that seeks assistance for new
magnet schools\--

\(i\) Enrollment numbers and percentages, for minority and non-minority
group students, for each magnet school for which funding is sought and
for each feeder school\--

\(A\) For the school year in which the application is submitted; and

\(B\) For each of the school years of the proposed grant cycle (i.e.,
projected enrollment figures); and

\(ii\) Districtwide numbers and percentages of minority group students
in the LEA\'s or consortium of LEAs\' schools, for the grade levels
involved in the applicant\'s magnet schools (e.g., K-6, 7-9, 10-12)\--

\(A\) For the school year in which the application is submitted; and

\(B\) For each of the school years of the proposed grant cycle (i.e.,
projected enrollment figures).

\(g\) An applicant that does not have an approved desegregation plan,
and demonstrates that it cannot provide some portion of the information
requested under paragraphs (f)(4) and (5) of this section, may provide
other information (in lieu of that portion of the information not
provided in response to paragraphs (f)(4) and (5) of this section) to

demonstrate that the creation or operation of its proposed magnet school
would reduce, eliminate, or prevent minority group isolation in the
applicant\'s schools and would not result in an increase of minority
student isolation at one of the applicant\'s schools above the
districtwide percentage for minority students at the same grade levels
as those served in the magnet school.

\(h\) After reviewing the information provided in response to paragraph
(f)(4) or (5) of this section, or as provided under paragraph (g) of
this section, the Secretary may request other information, if necessary
(e.g., demographic data concerning the attendance areas in which the
magnet schools are or will be located), to determine whether to approve
an LEA\'s or consortium of LEAs\' plan.

\(i\) In addition to including the assurances required by this section,
an LEA or consortium of LEAs shall describe in its application\--

\(1\) How the applicant will use assistance made available under this
part to promote desegregation, including how the proposed magnet school
programs will increase interaction among students of different social,
economic, ethnic, and racial backgrounds;

\(2\) How and to what extent the assistance will increase student
academic achievement in instructional areas offered;

\(3\) How the LEA or consortium of LEAs will continue the magnet schools
program after assistance under this part is no longer available,
including, if applicable, why magnet schools previously established or
supported with Magnet Schools Assistance Program grant funds cannot be
continued without the use of funds under this part;

\(4\) How assistance will be used to\--

\(i\) Improve student academic achievement for all students attending
the magnet school programs; and

\(ii\) Implement services and activities that are consistent with other
programs under the Act and other statutes, as appropriate; and

\(5\) What criteria will be used in selecting students to attend the
proposed magnet schools program.

(Approved by the Office of Management and Budget under control number
1855-0011)

(Authority: 20 U.S.C. 7231d)

\[50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 57
FR 61509, Dec. 24, 1992; 60 FR 14865, Mar. 20, 1995; 69 FR 4997, Feb. 2,
2004\]

**SUBPART D-HOW DOES THE SECRETARY MAKE A GRANT?**

**Sec. 280.30 How does the Secretary evaluate an application?**

\(a\) The Secretary evaluates an application submitted under this part
on the basis of the criteria in Sec. 280.31 and the priority factors in
Sec. 280.32.

\(b\) The Secretary awards up to 100 points for the extent to which an
application meets the criteria described in Sec. 280.31. The maximum
possible points for each complete criterion are indicated in parentheses
after the heading for that criterion.

\(c\) The Secretary then awards up to 30 additional points based upon
the priority factors in Sec. 280.32.

(Authority: 20 U.S.C. 7231-7231j)

\[50 FR 21191, May 22, 1985, as amended at 60 FR 14866, Mar. 20, 1995;
69 FR 4997, Feb. 2, 2004\]

**Sec. 280.31 What selection criteria does the Secretary use?**

The Secretary uses the following selection criteria in evaluating each
application:

\(a\) Plan of operation. (25 points) (1) The Secretary reviews each
application to determine the quality of the plan of operation for the
project.

\(2\) The Secretary determines the extent to which the applicant
demonstrates\--

\(i\) The effectiveness of its management plan to ensure proper and
efficient administration of the project;

\(ii\) The effectiveness of its plan to attain specific outcomes that\--

\(A\) Will accomplish the purposes of the program;

\(B\) Are attainable within the project period;

\(C\) Are measurable and quantifiable; and

\(D\) For multi-year projects, can be used to determine the project\'s
progress in meeting its intended outcomes;

\(iii\) The effectiveness of its plan for utilizing its resources and
personnel to achieve the objectives of the project, including how well
it utilizes key personnel to complete tasks and achieve the objectives
of the project;

\(iv\) How it will ensure equal access and treatment for eligible
project participants who have been traditionally underrepresented in
courses or activities offered as part of the magnet school, e.g., women
and girls in mathematics, science or technology courses, and disabled
students; and

\(v\) The effectiveness of its plan to recruit students from different
social, economic, ethnic, and racial backgrounds into the magnet
schools.

\(b\) Quality of personnel. (10 points) (1) The Secretary reviews each
application to determine the qualifications of the personnel the
applicant plans to use on the project.

\(2\) The Secretary determines the extent to which\--

\(i\) The project director (if one is used) is qualified to manage the
project;

\(ii\) Other key personnel are qualified to manage the project;

\(iii\) Teachers who will provide instruction in participating magnet
schools are qualified to implement the special curriculum of the magnet
schools; and

\(iv\) The applicant, as part of its nondiscriminatory employment
practices will ensure that its personnel are selected for employment
without regard to race, religion, color, national origin, sex, age, or
disability.

\(3\) To determine personnel qualifications the Secretary considers
experience and training in fields related to the objectives of the
project, including the key personnel\'s knowledge of and experience in
curriculum development and desegregation strategies.

\(c\) Quality of project design. (35 points) (1) The Secretary reviews
each application to determine the quality of the project design.

\(2\) The Secretary determines the extent to which each magnet school
for which funding is sought will\--

\(i\) Foster interaction among students of different social, economic,
ethnic, and racial backgrounds in classroom activities, extracurricular
activities, or other activities in the magnet schools (or, if
appropriate, in the schools in which the magnet school programs
operate);

\(ii\) Address the educational needs of the students who will be
enrolled in the magnet schools;

\(iii\) Carry out a high quality educational program that will
substantially strengthen students\' reading skills or knowledge of
mathematics, science, history, geography, English, foreign languages,
art, music, or vocational, technological, and professional skills;

\(iv\) Encourage greater parental decisionmaking and involvement; and

\(v\) Improve the racial balance of students in the applicant\'s schools
by reducing, eliminating, or preventing minority group isolation in its
schools.

\(d\) Budget and resources. (5 points) The Secretary reviews each
application to determine the adequacy of the resources and the
cost-effectiveness of the budget for the project, including\--

\(1\) The adequacy of the facilities that the applicant plans to use;

\(2\) The adequacy of the equipment and supplies that the applicant
plans to use; and

\(3\) The adequacy and reasonableness of the budget for the project in
relation to the objectives of the project.

\(e\) Evaluation plan. (15 points) The Secretary determines the extent
to which the evaluation plan for the project\--

\(1\) Includes methods that are appropriate for the project;

\(2\) Will determine how successful the project is in meeting its
intended outcomes, including its goals for desegregating its students
and increasing student achievement; and

\(3\) Includes methods that are objective and that will produce data
that are quantifiable.

\(f\) Commitment and capacity. (10 points) (1) The Secretary reviews
each application to determine whether the applicant is likely to
continue the magnet school activities after assistance under this part

is no longer available.

\(2\) The Secretary determines the extent to which the applicant\--

\(i\) Is committed to the magnet schools project; and

\(ii\) Has identified other resources to continue support for the magnet
school activities when assistance under this program is no longer
available.

(Approved by the Office of Management and Budget under control number
1855-0011)

(Authority: 20 U.S.C. 7231-7231j)

\[57 FR 61509, Dec. 24, 1992, as amended at 60 FR 14866, Mar. 20, 1995;
69 FR 4997, Feb. 2, 2004\]

**Sec. 280.32 How is priority given to applicants?**

\(a\) How priority is given. In addition to the points awarded under
Sec. 280.31, the Secretary gives priority to the factors listed in
paragraphs (b) through (d) of this section by awarding additional points
for these factors. The Secretary indicates in the application notice
published in the Federal Register how these additional points will be
distributed.

\(b\) Need for assistance. The Secretary evaluates the applicant\'s need
for assistance under this part, by considering\--

\(1\) The costs of fully implementing the magnet schools project as
proposed;

\(2\) The resources available to the applicant to carry out the project
if funds under the program were not provided;

\(3\) The extent to which the costs of the project exceed the
applicant\'s resources; and

\(4\) The difficulty of effectively carrying out the approved plan and
the project for which assistance is sought, including consideration of
how the design of the magnet school project\--e.g., the type of program
proposed, the location of the magnet school within the LEA\--impacts on
the applicant\'s ability to successfully carry out the approved plan.

\(c\) New or revised magnet schools projects. The Secretary determines
the extent to which the applicant proposes to carry out new magnet
schools projects or significantly revise existing magnet schools
projects.

\(d\) Selection of students. The Secretary determines the extent to
which the applicant proposes to select students to attend magnet schools
by methods such as lottery, rather than through academic examination.

(Authority: 20 U.S.C. 7231e))

\[57 FR 61510, Dec. 24, 1992, as amended at 60 FR 14866, Mar. 20, 1995;
63 FR 8020, Feb. 17, 1998; 69 FR 4997, Feb. 2, 2004\]

**Sec. 280.33 How does the Secretary select applications for new grants
with funds appropriated in excess of \$75 million?**

\(a\) In selecting among applicants for funds appropriated for this
program in excess of \$75 million, the Secretary first identifies those
remaining applicants that did not receive funds under this program in
the last fiscal year of the previous funding cycle.

\(b\) The Secretary then awards ten additional points to each applicant
identified under paragraph (a) of this section.

(Authority: 20 U.S.C. 7231j)

\[54 FR 19509, May 5, 1989, as amended at 69 FR 4997, Feb. 2, 2004\]

**SUBPART E-WHAT CONDITIONS MUST BE MET BY A GRANTEE?**

**Sec. 280.40 What costs are allowable?**

An LEA or consortium of LEAs may use funds received under this part for
the following activities:

\(a\) Planning and promotional activities directly related to the
development, expansion, continuation, or enhancement of academic
programs and services offered at magnet schools, though planning
activities are subject to the restrictions in Sec. 280.41(a) and do not
include activities described under paragraph (f) of this section.

\(b\) The acquisition of books, materials, and equipment (including
computers) and the maintenance and operation of materials, equipment and
computers. Any books, materials or equipment purchased with grant funds
must be:

\(1\) Necessary for the conduct of programs in magnet schools; and

\(2\) Directly related to improving student academic achievement based
on the State\'s challenging academic content standards and student
academic achievement standards or directly related to improving student
reading skills or knowledge of mathematics, science, history, geography,
English, foreign languages, art, or music, or to improving vocational,
technological, or professional skills.

\(c\) The payment or subsidization of the compensation of elementary and
secondary school teachers:

\(1\) Who are highly qualified;

\(2\) Who are necessary to conduct programs in magnet schools; and

\(3\) Whose employment is directly related to improving student academic
achievement based on the State\'s challenging academic content standards
and student academic achievement standards or directly related to
improving student reading skills or knowledge of mathematics, science,
history, geography, English, foreign languages, art, or music, or to
improving vocational, technological, or professional skills.

\(d\) The payment or subsidization of the compensation of instructional
staff, where applicable, who satisfy the requirements of paragraphs
(c)(2) and (3) of this section.

\(e\) With respect to a magnet school program offered to less than the
entire school population, for instructional activities that\--

\(1\) Are designed to make available the special curriculum of the
magnet school program to students enrolled in the school, but not in the
magnet school program; and

\(2\) Further the purposes of the program.

\(f\) Activities, which may include professional development, that will
build the recipient\'s capacity to operate magnet school programs once
the grant period has ended.

\(g\) Activities to enable the LEA or consortium of LEAs to have more
flexibility in the administration of a magnet school program in order to
serve students attending a school who are not enrolled in a magnet
school program.

\(h\) Activities to enable the LEA or consortium of LEAs to have
flexibility in designing magnet schools for students in all grades.

(Authority: 20 U.S.C. 7231f)

\[51 FR 20414, June 4, 1986, as amended at 54 FR 19509, May 5, 1989; 60
FR 14866, Mar. 20, 1995; 69 FR 4997, Feb. 2, 2004\]

**Sec. 280.41 What are the limitations on allowable costs?**

An LEA or consortium of LEAs that receives assistance under this part
may not\--

\(a\) Expend for planning more than 50 percent of the funds received for
the first fiscal year, and 15 percent of the funds received for the
second or the third fiscal year;

\(b\) Use funds for transportation; or

\(c\) Use funds for any activity that does not augment academic
improvement.

(Authority: 20 U.S.C. 7231g, 7231h(b))

\[60 FR 14866, Mar. 20, 1995, as amended at 69 FR 4997, Feb. 2, 2004\]

#### 

DRAFT

4000‑01-U

DEPARTMENT OF EDUCATION

34 CFR Part 280

Magnet Schools Assistance Program

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

ACTION: Final regulations.

SUMMARY: The Secretary amends the regulations governing the Magnet
Schools Assistance Program (MSAP) in 34 CFR part 280. These amendments
allow the MSAP to use an approach similar to that in 34 CFR 75.200 for
establishing selection criteria in grant competitions. Under this
approach the MSAP has the flexibility to use selection criteria from its
program regulations, from the menu of general selection criteria in the
Education Department General Administrative Regulations (EDGAR) in 34
CFR 75.210, based on statutory provisions in accordance with 34 CFR
75.209, or from any combination of these.

DATES: These regulations are effective (INSERT DATE 30 DAYS AFTER DATE
OF PUBLICATION IN THE FEDERAL REGISTER).

FOR FURTHER INFORMATION CONTACT: [Name of person]{.mark}, U.S.
Department of Education, 400 Maryland Avenue, SW., room 4Wxxx,
Washington, DC 20202-5970. Telephone: (202) 260-xxxx or via Internet:

first.last@ed.gov

If you use a telecommunications device for the deaf (TDD), you may call
the Federal Relay Service (FRS) 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 under FOR FURTHER INFORMATION
CONTACT.

SUPPLEMENTARY INFORMATION:

On August 22, 2006 the Secretary published a notice of proposed
rulemaking (NPRM) for these amendments in the [Federal
Register]{.underline} (71 FR 48866).

In the preamble to the NPRM, the Secretary discussed on pages 48866 and
48867 the major changes proposed in that document to provide the MSAP
with the flexibility to use different types of selection criteria when
evaluating grant applications in a specific grant competition. These
included the following:

• Amending §280.30 to give the Secretary the flexibility to use
selection criteria from §280.31, from the approved menu of general
selection criteria in 34 CFR 75.210 or from selection criteria based on
statutory provisions governing the MSAP, established in accordance with
34 CFR 75.209.

• Amending §280.31 to remove the mandatory point values from the
selection criteria in this section of the MSAP regulations.

There are no differences between the NPRM and these final regulations.

[Analysis of Comments]{.underline}

In response to the Secretary\'s invitation in the NPRM, nine parties
submitted comments on the proposed regulations. An analysis of the
comments follows.

We discuss substantive issues under the sections of the regulations to
which they pertain. Generally, we do not address technical and other
minor changes‑‑and suggested changes the law does not authorize the
Secretary to make.

[§280.30 How does the Secretary evaluate an application]{.underline}?

[Comment]{.underline}: Two commenters expressed the opinion that the
current selection criteria work effectively to address the MSAP's
statutory purpose and requirements, and consequently a change in
approach to permit the use of other selection criteria is not needed at
this time.

[Discussion]{.underline}: The amended regulations provide the
flexibility to make adjustments to the selection criteria that are used
for a particular competition. Implementation of this change does not
mean that selection criteria or factors that continue to work
effectively to select high quality applications for awards will simply
be disregarded or abandoned. It is unlikely that the use of this
approach will result in major changes from one grant competition to the
next. Nonetheless, the Department does believe that the flexibility
gained in using this approach will enable us to more effectively tailor
selection criteria to favor projects that best address the purpose and
requirements of the MSAP statute.

[Change]{.underline}: None.

[Comment]{.underline}: Two commenters expressed concerns about the
effect of different criteria, especially general criteria from EDGAR,
and indicated that they believed that the use of such criteria would be
detrimental to the quality of applications.

DRAFT

[Discussion]{.underline}: Any criterion or factor from the approved menu
in §75.210 must be considered in the context of the MSAP and in
conjunction with applicable statutory provisions and program
regulations. As a result, we do not believe that the use of selection
criteria or factors from 34 CFR 75.210 will negatively affect program
quality.

[Change]{.underline}: None.

[Comment]{.underline}: Two commenters criticized the approach in §280.30
because they believed that it provided too much flexibility to
manipulate the MSAP's statutory purpose or disregard
desegregation-related factors.

[Discussion]{.underline}: Fears that this approach will allow the
Secretary to supersede statutory provisions or program requirements are
misplaced. The Secretary is bound by statutory provisions. In evaluating
applications, the Department must adhere to selection criteria or other
provisions related to the evaluation of applications required by
statute. In addition, the Department intends that the MSAP will use this
approach to establishing selection criteria in conjunction with the
statute and program requirements in the MSAP regulations, not instead of
them.

[Change]{.underline}: None.

[Comment]{.underline}: One commenter criticized the approach in §280.30
because the public would not be afforded the opportunity to comment
formally on the Department\'s choice of selection criteria for a
particular competition and another commenter indicated that rulemaking
for each proposed change or set of changes would be preferable.

[Discussion]{.underline}: The Department believes that potential grant
applicants will have an adequate opportunity to comment on its choice of
selection criteria for a particular program under the procedures
required by the Paperwork Reduction Act of 1995 (PRA). Comments
submitted under the PRA will be reviewed not only by the Department, but
also by OMB, and they will be given careful consideration.

Moreover, the Department welcomes comments and suggestions on selection
criteria, and the application process generally, apart from the specific
requirements of the PRA and its formal opportunity to comment. Potential
applicants, grantees, program beneficiaries, and others are encouraged
to advise the program about their experience with the selection
criteria, and to provide recommendations for criteria for future
competitions at any time, for the program office\'s use in designing
selection criteria.

[Change]{.underline}: None.

[Comment]{.underline}: Other commenters expressed varying other views
regarding the approach in §280.30 that would give the Secretary the
flexibility to use selection criteria from the approved menu of general
selection criteria in 34 CFR 75.210 or from selection criteria based on
statutory provisions governing the MSAP, in accordance with 34 CFR
75.209. One commenter indicated that the additional flexibility would be
beneficial. Three others expressed reservations about this approach only
in the context of whether there would be sufficient time available to
adequately address any new selection criteria. One other commenter also
expressed concern that the change would have a detrimental effect on
planning prior to the announcement of selection criteria.

[Discussion]{.underline}: The Secretary does not believe that the new
approach will prevent potential applicants from beginning to prepare
applications in advance of an application announcement. Applicants may
begin work on the basis of statutory purposes and requirements.
Additionally, the likelihood is small that there will be substantial
changes in the selection criteria used in evaluating applications from
one competition to the next in the absence of statutory changes that
might otherwise require more significant revisions.

[Change]{.underline}: None.

[§208.31 What selection criteria does the Secretary use]{.underline}?

[Comment]{.underline}: Two commenters addressed the amendment to §280.31
that removes the mandatory point values from the selection criteria in
this section of the MSAP regulations. One commenter expressed the
opinion that removing point values was not a good idea, however the
commenter offered no explanation of this position. The other commenter
sought clarification regarding whether a different set of point values
for selection criteria would be used.

[Discussion]{.underline}: Removing the currently specified point values
from the selection criteria in §280.31 does not mean that point values
will not be used. As set forth in §280.30(e), there will continue to be
100 points awarded for the selection criteria. Removing the mandatory
point values merely provides the flexibility to assign specific point
values based on the selection criteria actually used in a particular
competition, consistent with the Department's approach for other
discretionary grant programs that use

selection criteria from 34 CFR 75.210 and selection criteria based on
the statute, as set forth in 34 CFR 75.209, as well as selection
criteria from program regulations.

[Change]{.underline}: None.

[Executive Order 12866]{.underline}

DRAFT

We have reviewed these final regulations in accordance with Executive
Order 12866. Under the terms of the order we have assessed the potential
costs and benefits of this regulatory action.

The potential costs associated with the final regulations are those
resulting from statutory requirements and those we have determined to be
necessary for administering this program effectively and efficiently.

In assessing the potential costs and benefits\--both quantitative and
qualitative\--of these final regulations, we have determined that the
benefits of the regulations justify the costs.

We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.

# Summary of potential costs and benefits

We summarized the potential costs and benefits of these final
regulations in the preamble to the NPRM (71 FR 48867).

## Paperwork Reduction Act of 1995

The Paperwork Reduction Act of 1995 does not require you to respond to a
collection of information unless it displays a valid OMB control number.
We display the valid OMB control number assigned to the collection of
information in these final regulations at the end of the affected
section of the regulations.

[Intergovernmental Review]{.underline}

This program is subject to the requirements of Executive Order 12372 and
the regulations in 34 CFR part 79. The objective of the Executive order
is to foster an intergovernmental partnership and a strengthened
federalism by relying on processes developed by State and local
governments for coordination and review of proposed Federal financial
assistance.

In accordance with the order, we intend this document to provide early
notification of the Department\'s specific plans and actions for this
program.

[Electronic Access to This Document]{.underline}

You may view this document, as well as all other Department of Education
documents published in the [Federal Register]{.underline}, in text or
Adobe Portable Document Format (PDF) on the Internet at the following
site:

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.

You may also view this document in text or PDF at the following site:

http://www.ed.gov/programs/magnet/applicant.html

[Note]{.underline}: The official version of this document is the
document published in the [Federal Register]{.underline}. Free Internet
access to the official edition of the [Federal Register]{.underline} and
the Code of Federal Regulations is available on GPO Access at:

http://www.gpoaccess.gov/nara/index.html

(Catalog of Federal Domestic Assistance Number 84.165A Magnet Schools
Assistance Program.)

[List of Subjects in 34 CFR Part 280]{.underline}

Civil rights, Desegregation, Education, Elementary and secondary
education, Grant programs---education, Magnet schools, Reporting and
recordkeeping requirements.

Dated:

[                        ]{.underline}

> Morgan S. Brown,
>
> [Assistant Deputy Secretary for]{.underline}
>
> [Innovation and Improvement]{.underline}.

DRAFT

For the reasons discussed in the preamble, the Assistant Deputy
Secretary for Innovation and Improvement amends part 280 of title 34 of
the Code of Federal Regulations as follows:

PART 280\--MAGNET SCHOOLS ASSISTANCE PROGRAM

1\. The authority citation for part 280 continues to read as follows:

AUTHORITY: 20 U.S.C. 7231-7231j, unless otherwise noted.

2\. Section 280.30 is revised to read as follows:

[§280.30 How does the Secretary evaluate an application]{.underline}?

\(a\) The Secretary evaluates an application under the procedures in 34
CFR part 75 and this part.

\(b\) To evaluate an application for a new grant the Secretary may
use\--

\(1\) Selection criteria established under 34 CFR 75.209;

\(2\) Selection criteria in §280.31;

\(3\) Selection criteria established under 34 CFR 75.210; or

\(4\) Any combination of criteria from paragraphs (b)(1), (b)(2), and
(b)(3) of this section.

\(c\) The Secretary indicates in the application notice published in the
[Federal Register]{.underline} the specific criteria that the Secretary
will use and how points for the selection criteria will be distributed.

\(d\) The Secretary evaluates an application submitted under this part
on the basis of criteria described in paragraph (c) of this section and
the priority factors in §280.32.

\(e\) The Secretary awards up to 100 points for the extent to which an
application meets the criteria described in paragraph (c) of this
section.

\(f\) The Secretary then awards up to 30 additional points based upon
the priority factors in §280.32.

(Approved by the Office of Management and Budget under control number
1855-0011)

(Authority: 20 U.S.C. 7231-7231j)

§280.31 \[Amended\]

3\. Section 280.31 is amended:

A. In the introductory text, by removing the word "uses" and adding, in
its place, the words "may use".

B. In paragraph (a) introductory text, by removing the parenthetical
"(25 points)".

C. In paragraph (b) introductory text, by removing the parenthetical
"(10 points)".

D. In paragraph (c) introductory text, by removing the parenthetical
"(35 points)".

E. In paragraph (d) introductory text, by removing the parenthetical "(5
points)".

F. In paragraph (e) introductory text, by removing the parenthetical
"(15 points)".

G. In paragraph (f) introductory text, by removing the parenthetical
"(10 points)".

DRAFT

4000-01-U

DEPARTMENT OF EDUCATION

Magnet Schools Assistance Program

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

ACTION: Notice of final priority.

SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement
announces a priority under the Magnet Schools Assistance Program (MSAP).
The Assistant Deputy Secretary may use this priority for competitions in
fiscal year (FY) 2007 and later years. We intend this priority to
encourage eligible applicants to focus on expanding their capacity to
provide public school choice by using magnet schools to provide public
school choice options to parents whose children attend schools that have
been identified for school improvement, corrective action, or
restructuring under Title I of the Elementary and Secondary Education
Act of 1965, as amended (ESEA).

EFFECTIVE DATE: This priority is effective (INSERT DATE 30 DAYS AFTER
DATE OF PUBLICATION IN THE FEDERAL REGISTER).

FOR FURTHER INFORMATION CONTACT: Steven L. Brockhouse, U.S. Department
of Education, 400 Maryland Avenue, SW., room 4W229, Washington, DC
20202-5970. Telephone: (202) 260-2476 or via Internet:

steve.brockhouse@ed.gov

If you use a telecommunications device for the deaf (TDD), you may call
the Federal Relay Service (FRS) 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 under FOR FURTHER INFORMATION
CONTACT.

SUPPLEMENTARY INFORMATION:

The MSAP provides grants to eligible local educational agencies (LEAs)
and consortia of LEAs to support magnet schools that are part of an
approved desegregation plan. For the purpose of the MSAP, a magnet
school is a public elementary school, public secondary school, public
elementary education center, or public secondary education center that
offers a special curriculum capable of attracting substantial numbers of
students of different racial backgrounds.

Through the implementation of magnet schools, MSAP resources support
objectives and activities that enable all elementary and secondary
students to achieve to high standards, hold schools and LEAs accountable
for ensuring they do so, and help schools and LEAs develop and design
innovative educational methods and practices that support desegregation
efforts to eliminate, reduce, or prevent minority group isolation and
increase choices in public elementary and secondary schools.

Consistent with the statutory purpose of the MSAP, magnet schools are
designed to eliminate, reduce, or prevent minority group isolation in
schools with substantial numbers or percentages of minority group
students, bring students of different backgrounds together, assist LEAs
in achieving systemic reforms, provide all students the opportunity to
meet challenging State content standards and challenging State
performance standards, and increase choices in public elementary and
secondary schools.

The priority, Expanding Capacity to Provide Choice, provides eligible
LEAs with an opportunity to continue to use magnet schools, consistent
with their desegregation plan objectives for the elimination, reduction,
or prevention of minority group isolation, to expand their capacity to
provide public school choice to parents whose children attend schools
identified for school improvement, corrective action, or restructuring.

The priority provides eligible applicants the flexibility to use either
or both of two approaches to expanding their capacity to provide public
school choice.

First, an eligible applicant could convert one or more schools
identified for improvement, corrective action, or restructuring under
Title I to magnet schools in order to improve the quality of teaching
and instruction in these schools. Using this approach, conversion of a
school to a magnet school would benefit students already attending the
school by offering a magnet curriculum that would include subject matter
or teaching methodology that is generally not available at other schools
in the LEA and would be more challenging and innovative than the
curricular program that the school had previously provided. The
implementation of the magnet curriculum, along with resources such as
equipment, supplies and staff development to support the implementation
of the magnet curriculum, would also help the school reduce, eliminate,
or prevent minority group isolation at the magnet school and/or at the
sending schools by attracting other students, including higher-achieving
students of different backgrounds, based on their interest in a
curricular program that would not be available to them in the schools
that they would otherwise attend.

Second, an eligible applicant could use higher-performing schools as
magnet schools and, by doing so, significantly increase the opportunity
for students attending schools identified for school improvement,
corrective action, or restructuring to participate in public school
choice by attending a higher-performing school. Using this approach, an
eligible applicant would need to ensure that the magnet school would
have sufficient space available to accommodate students who would likely
be interested in transferring from schools identified for school
improvement, corrective action, or restructuring. Additionally, the LEA
would need to show how the enrollment of the magnet and/or sending
schools (i.e., the schools identified for school improvement, corrective
action, or restructuring from which students would transfer) would
change in a manner that resulted in the elimination, reduction, or
prevention of minority group isolation in those sending schools.

DRAFT

Under either approach, an applicant would be required to show how it
would effectively inform parents whose children attend schools
identified for school improvement, corrective action, or restructuring
about the new choices made available to them in the magnet schools to be
funded under the project.

We published a notice of proposed priority for this program in the
Federal Register on April 12, 2006 (71 FR 18728).

There are no differences between the notice of proposed priority and
this notice of final priority.

Public Comment

In the notice of proposed priority, we invited comments on the proposed
priority. We did not receive any comments.

Note: This notice does not solicit applications. In any year in which we
choose to use this priority, we invite applications through a notice in
the Federal Register. When inviting applications we designate the
priority as absolute, competitive preference, or invitational. The
effect of each type of priority follows:

Absolute priority: Under an absolute priority we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).

Competitive preference priority: Under a competitive preference priority
we give competitive preference to an application by either (1) awarding
additional points, depending on how well or the extent to which the
application meets the competitive preference priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive preference priority over an application of comparable merit
that does not meet the priority (34 CFR 75.105(c)(2)(ii)).

Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over other
applications (34 CFR 75.105(c)(1)).

PRIORITY:

Expanding Capacity to Provide Choice

This priority supports projects that will\--

\(1\) Help parents whose children attend low-performing schools (that
is, schools that have been identified for school improvement, corrective
action, or restructuring under Title I of the Elementary and Secondary
Education Act of 1965, as amended) by\--

\(a\) Selecting schools identified for school improvement, corrective
action, or restructuring under Title I as magnet schools to be funded
under this project and improving the quality of teaching and instruction
in these schools; or

\(b\) Maximizing the opportunity for students in low-performing schools
to attend higher-performing magnet schools funded under the project and
thereby reduce minority group isolation in the low-performing sending
schools; and

\(2\) Effectively inform parents whose children attend low-performing
schools about choices that are available to them in the magnet schools
to be funded under the project.

Note: For the purpose of selecting applications under this priority,
school improvement has the meaning given in 34 CFR 200.32(a)(1),
corrective action has the meaning given in 34 CFR 200.33(a), and
restructuring has the meaning given in 34 CFR 200.34(a).

Executive Order 12866

This notice of final priority has been reviewed in accordance with
Executive Order 12866. Under the terms of the order, we have assessed
the potential costs and benefits of this regulatory action.

The potential costs associated with the notice of final priority are
those resulting from statutory requirements and those we have determined
as necessary for administering this program effectively and efficiently.

In assessing the potential costs and benefits\--both quantitative and
qualitative\--of this notice of final priority, we have determined that
the benefits of the final priority justify the costs.

We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.

Summary of potential costs and benefits: The potential cost associated
with this final priority is minimal while the benefits are significant.

The benefit of the final priority is that it will help applicants
prepare high-quality proposals that expand their capacity to provide
public school choice to parents whose children attend schools that have
not made adequate yearly progress.

Intergovernmental Review

This program is subject to Executive Order 12372 and the regulations in
34 CFR part 79. One of the objectives of the Executive order is to
foster an intergovernmental partnership and a strengthened federalism.
The Executive order relies on processes developed by State and local
governments for coordination and review of proposed Federal financial
assistance.

This document provides early notification of our specific plans and
actions for this program.

Applicable Program Regulations: 34 CFR part 280.

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/news/fedregister

DRAFT

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.

You may also view this document in text or PDF at the following site:

www.ed.gov/programs/magnet/applicant.html

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:

www.gpoaccess.gov/nara/index.html

(Catalog of Federal Domestic Assistance Number 84.165A Magnet Schools
Assistance Program)

PROGRAM AUTHORITY: 20 U.S.C. 7231-7231j.

Dated:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Morgan S. Brown,

Assistant Deputy Secretary for

Innovation and Improvement.

# TITLE V, PART C---MAGNET SCHOOLS ASSISTANCE

### SEC. 5301. FINDINGS AND PURPOSE.

\(a\) FINDINGS- Congress makes the following findings:

> \(1\) Magnet schools are a significant part of the Nation\'s effort to
> achieve voluntary desegregation in our Nation\'s schools.
>
> \(2\) The use of magnet schools has increased dramatically since the
> inception of the magnet schools assistance program under this Act,
> with approximately 2,000,000 students nationwide attending such
> schools, of whom more than 65 percent are non-white.
>
> \(3\) Magnet schools offer a wide range of distinctive programs that
> have served as models for school improvement efforts.
>
> \(4\) It is in the best interests of the United States\--
>
> \(A\) to continue the Federal Government\'s support of local
> educational agencies that are implementing court-ordered desegregation
> plans and local educational agencies that are voluntarily seeking to
> foster meaningful interaction among students of different racial and
> ethnic backgrounds, beginning at the earliest stage of such students\'
> education;
>
> \(B\) to ensure that all students have equitable access to a high
> quality education that will prepare all students to function well in a
> technologically oriented and a highly competitive economy comprised of
> people from many different racial and ethnic backgrounds; and
>
> \(C\) to continue to desegregate and diversify schools by supporting
> magnet schools, recognizing that segregation exists between minority
> and nonminority students as well as among students of different
> minority groups.
>
> \(5\) Desegregation efforts through magnet school programs are a
> significant part of our Nation\'s effort to achieve voluntary
> desegregation in schools and help to ensure equal educational
> opportunities for all students.

\(b\) PURPOSE- The purpose of this part is to assist in the
desegregation of schools served by local educational agencies by
providing financial assistance to eligible local educational agencies
for\--

> \(1\) the elimination, reduction, or prevention of minority group
> isolation in elementary schools and secondary schools with substantial
> proportions of minority students, which shall include assisting in the
> efforts of the United States to achieve voluntary desegregation in
> public schools;
>
> \(2\) the development and implementation of magnet school programs
> that will assist local educational agencies in achieving systemic
> reforms and providing all students the opportunity to meet challenging
> State academic content standards and student academic achievement
> standards;
>
> \(3\) the development and design of innovative educational methods and
> practices that promote diversity and increase choices in public
> elementary schools and public secondary schools and public educational
> programs;
>
> \(4\) courses of instruction within magnet schools that will
> substantially strengthen the knowledge of academic subjects and the
> attainment of tangible and marketable vocational, technological, and
> professional skills of students attending such schools;
>
> \(5\) improving the capacity of local educational agencies, including
> through professional development, to continue operating magnet schools
> at a high performance level after Federal funding for the magnet
> schools is terminated; and
>
> \(6\) ensuring that all students enrolled in the magnet school
> programs have equitable access to high quality education that will
> enable the students to succeed academically and continue with
> postsecondary education or productive employment.

### SEC. 5302. DEFINITION.

For the purpose of this part, the term \`magnet school\' means a public
elementary school, public secondary school, public elementary education
center, or public secondary education center that offers a special
curriculum capable of attracting substantial numbers of students of
different racial backgrounds.

### SEC. 5303. PROGRAM AUTHORIZED.

The Secretary, in accordance with this part, is authorized to award
grants to eligible local educational agencies, and consortia of such
agencies where appropriate, to carry out the purpose of this part for
magnet schools that are\--

> \(1\) part of an approved desegregation plan; and
>
> \(2\) designed to bring students from different social, economic,
> ethnic, and racial backgrounds together.

### SEC. 5304. ELIGIBILITY.

A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive a grant under this part to carry out
the purpose of this part if such agency or consortium\--

> \(1\) is implementing a plan undertaken pursuant to a final order
> issued by a court of the United States, or a court of any State, or
> any other State agency or official of competent jurisdiction, that
> requires the desegregation of minority-group-segregated children or
> faculty in the elementary schools and secondary schools of such
> agency; or
>
> \(2\) without having been required to do so, has adopted and is
> implementing, or will, if a grant is awarded to such local educational
> agency, or consortium of such agencies, under this part, adopt and
> implement a plan that has been approved by the Secretary as adequate
> under title VI of the Civil Rights Act of 1964 for the desegregation
> of minority-group-segregated children or faculty in such schools.

### SEC. 5305. APPLICATIONS AND REQUIREMENTS.

\(a\) APPLICATIONS- An eligible local educational agency, or consortium
of such agencies, desiring to receive a grant under this part shall
submit an application to the Secretary at such time, in such manner, and
containing such information and assurances as the Secretary may
reasonably require.

\(b\) INFORMATION AND ASSURANCES- Each application submitted under
subsection (a) shall include\--

> \(1\) a description of\--
>
> \(A\) how a grant awarded under this part will be used to promote
> desegregation, including how the proposed magnet school programs will
> increase interaction among students of different social, economic,
> ethnic, and racial backgrounds;
>
> \(B\) the manner and extent to which the magnet school program will
> increase student academic achievement in the instructional area or
> areas offered by the school;
>
> \(C\) how the applicant will continue the magnet school program after
> assistance under this part is no longer available, and, if applicable,
> an explanation of why magnet schools established or supported by the
> applicant with grant funds under this part cannot be continued without
> the use of grant funds under this part;
>
> \(D\) how grant funds under this part will be used\--
>
> \(i\) to improve student academic achievement for all students
> attending the magnet school programs; and
>
> \(ii\) to implement services and activities that are consistent with
> other programs under this Act, and other Acts, as appropriate; and
>
> \(E\) the criteria to be used in selecting students to attend the
> proposed magnet school program; and
>
> \(2\) assurances that the applicant will\--
>
> \(A\) use grant funds under this part for the purposes specified in
> section 5301(b);
>
> \(B\) employ highly qualified teachers in the courses of instruction
> assisted under this part;
>
> \(C\) not engage in discrimination based on race, religion, color,
> national origin, sex, or disability in\--
>
> \(i\) the hiring, promotion, or assignment of employees of the
> applicant or other personnel for whom the applicant has any
> administrative responsibility;
>
> \(ii\) the assignment of students to schools, or to courses of
> instruction within the schools, of such applicant, except to carry out
> the approved plan; and
>
> \(iii\) designing or operating extracurricular activities for
> students;
>
> \(D\) carry out a high-quality education program that will encourage
> greater parental decisionmaking and involvement; and
>
> \(E\) give students residing in the local attendance area of the
> proposed magnet school program equitable consideration for placement
> in the program, consistent with desegregation guidelines and the
> capacity of the applicant to accommodate the students.

\(c\) SPECIAL RULE- No grant shall be awarded under this part unless the
Assistant Secretary of Education for Civil Rights determines that the
assurances described in subsection (b)(2)(C) will be met.

### SEC. 5306. PRIORITY.

In awarding grants under this part, the Secretary shall give priority to
applicants that\--

> \(1\) demonstrate the greatest need for assistance, based on the
> expense or difficulty of effectively carrying out approved
> desegregation plans and the magnet school program for which the grant
> is sought;
>
> \(2\) propose to carry out new magnet school programs, or
> significantly revise existing magnet school programs; and
>
> \(3\) propose to select students to attend magnet school programs by
> methods such as lottery, rather than through academic examination.

### SEC. 5307. USE OF FUNDS.

\(a\) IN GENERAL- Grant funds made available under this part may be used
by an eligible local educational agency, or consortium of such
agencies\--

> \(1\) for planning and promotional activities directly related to the
> development, expansion, continuation, or enhancement of academic
> programs and services offered at magnet schools;
>
> \(2\) for the acquisition of books, materials, and equipment,
> including computers and the maintenance and operation of materials,
> equipment, and computers, necessary to conduct programs in magnet
> schools;
>
> \(3\) for the compensation, or subsidization of the compensation, of
> elementary school and secondary school teachers who are highly
> qualified, and instructional staff where applicable, who are necessary
> to conduct programs in magnet schools;
>
> \(4\) with respect to a magnet school program offered to less than the
> entire student population of a school, for instructional activities
> that\--
>
> \(A\) are designed to make available the special curriculum that is
> offered by the magnet school program to students who are enrolled in
> the school but who are not enrolled in the magnet school program; and
>
> \(B\) further the purpose of this part;

\(5\) for activities, which may include professional development, that
will build the recipient\'s capacity to operate magnet school programs
once the grant period has ended;

> \(6\) to enable the local educational agency, or consortium of such
> agencies, to have more flexibility in the administration of a magnet
> school program in order to serve students attending a school who are
> not enrolled in a magnet school program; and
>
> \(7\) to enable the local educational agency, or consortium of such
> agencies, to have flexibility in designing magnet schools for students
> in all grades.

\(b\) SPECIAL RULE- Grant funds under this part may be used for
activities described in paragraphs (2) and (3) of subsection (a) only if
the activities are directly related to improving student academic
achievement based on the State\'s challenging academic content standards
and student academic achievement standards or directly related to
improving student reading skills or knowledge of mathematics, science,
history, geography, English, foreign languages, art, or music, or to
improving vocational, technological, and professional skills.

### SEC. 5308. PROHIBITION.

Grants under this part may not be used for transportation or any
activity that does not augment academic improvement.

### SEC. 5309. LIMITATIONS.

\(a\) DURATION OF AWARDS- A grant under this part shall be awarded for a
period that shall not exceed 3 fiscal years.

\(b\) LIMITATION ON PLANNING FUNDS- A local educational agency, or
consortium of such agencies, may expend for planning (professional
development shall not be considered to be planning for purposes of this
subsection) not more than 50 percent of the grant funds received under
this part for the first year of the program and not more than 15 percent
of such funds for each of the second and third such years.

\(c\) AMOUNT- No local educational agency, or consortium of such
agencies, awarded a grant under this part shall receive more than
\$4,000,000 under this part for any 1 fiscal year.

\(d\) TIMING- To the extent practicable, the Secretary shall award
grants for any fiscal year under this part not later than July 1 of the
applicable fiscal year.

### SEC. 5310. EVALUATIONS.

\(a\) RESERVATION- The Secretary may reserve not more than 2 percent of
the funds appropriated under section 5311(a) for any fiscal year to
carry out evaluations, provide technical assistance, and carry out
dissemination projects with respect to magnet school programs assisted
under this part.

\(b\) CONTENTS- Each evaluation described in subsection (a), at a
minimum, shall address\--

> \(1\) how and the extent to which magnet school programs lead to
> educational quality and improvement;
>
> \(2\) the extent to which magnet school programs enhance student
> access to a high quality education;
>
> \(3\) the extent to which magnet school programs lead to the
> elimination, reduction, or prevention of minority group isolation in
> elementary schools and secondary schools with substantial proportions
> of minority students; and
>
> \(4\) the extent to which magnet school programs differ from other
> school programs in terms of the organizational characteristics and
> resource allocations of such magnet school programs.

\(c\) DISSEMINATION- The Secretary shall collect and disseminate to the
general public information on successful magnet school programs.

### SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

\(a\) AUTHORIZATION- For the purpose of carrying out this part, there
are authorized to be appropriated \$125,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding fiscal years.

\(b\) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY
ASSISTED- In any fiscal year for which the amount appropriated pursuant
to subsection (a) exceeds \$75,000,000, the Secretary shall give
priority in using such amounts in excess of \$75,000,000 to awarding
grants to local educational agencies or consortia of such agencies that
did not receive a grant under this part in the preceding fiscal year.

## [Section B]{.smallcaps}

#### Application Instructions

-   Overview of Instructions for the Preparation of the Application

-   Application Checklist

```{=html}
<!-- -->
```
-   Application Narrative Instructions

```{=html}
<!-- -->
```
-   Other Documents and Attachments

```{=html}
<!-- -->
```
-   Required Desegregation Plan Information

```{=html}
<!-- -->
```
-   Desegregation Plan Information Form and Attachments

-   Table 1 Information---District-Level Student Enrollment Information

-   Table 2 Information---Initial Year of Implementation for Magnet
    Schools Proposed for Revision

-   Table 3 Information---Student Enrollment Information for Proposed
    Magnet Schools

-   Table 4 Information---Student Enrollment Information for Feeder
    Schools

-   Table 5 Information---Selection of Students Information

-   Table 6 Information---Revised Magnet Schools Information

```{=html}
<!-- -->
```
-   Magnet Schools Assistance Program Assurances

```{=html}
<!-- -->
```
-   Other Attachments

```{=html}
<!-- -->
```
-   Resumes

-   Letters of Support

-   Written agreement between parties to a joint application (if
    applicable)

-   Response to invitational priority for rigorous evaluation (optional)

##### 

##### Instructions for Preparation of the

## [Magnet Schools Assistance Program Application]{.smallcaps}

# 

**[Overview of Instructions]{.underline}**

These instructions cover all of the components that must be included in
the application you submit electronically using Grants.gov.

The standard forms needed to complete the application are included in
the grant application package for the Magnet Schools Assistance Program
at Grants.gov. Copies of the forms are also available on the ED website
at <http://www.ed.gov/fund/grant/apply/appforms/appforms.html>.

**[Application Checklist]{.underline}**

Use the checklist that follows as a guide to ensure that your
application is complete and includes all of the necessary forms and
information.

\[ \] A project abstract (not more than 2 pages in length)

\[ \] Application for Federal Assistance Form (SF 424)

\[ \] ED Supplement to the SF 424

\[ \] Budget forms (ED Form 524)

\[ \] Itemized budget and other budget information

\[ \] A table of contents for the program narrative

\[ \] Program narrative addressing the competitive priorities for Need
for assistance

and Expanding capacity to provide choice, and the MSAP selection
criteria

\[Remember, the program narrative has a mandatory page limit as
described in the closing date notice!\]

\[ \] Desegregation plan and other required information

\[ \] Desegregation Plan Information Form and Attachments

\[ \] Table 1 Information---District-Level Student Enrollment
Information

> \[ \] Table 2 Information---Initial Year of Implementation for Magnet
>
> Schools Proposed for Revision

\[ \] Table 3 Information---Student Enrollment Information for Proposed

> Magnet Schools

\[ \] Table 4 Information---Student Enrollment Information for Feeder

> Schools

\[ \] Table 5 Information---Selection of Students Information

> \[ \] Table 6 Information---Revised Magnet Schools Information

\[ \] Assurances and Certifications

\[ \] Magnet Schools Assistance Program Assurances

\[ \] Standard Assurances for Non-Construction Programs (SF 424b)

\[ \] ED 80-0013 Certifications Regarding Lobbying; Debarment;

> Suspension and Other Responsibility Matters; and Drug-Free
>
> Workplace Requirements

\[ \] Other information

\[ \] Required response to Section 427 of GEPA

\[ \] SF LLL Disclosure of Lobbying Activity

\[ \] Resumes of key personnel

> \[ \] Letters of support (optional)

\[ \] Written agreement between parties to a joint application (if
applicable)

\[ \] Response to invitational priority for rigorous evaluation
(optional)

**[APPLICATION NARRATIVE INSTRUCTIONS]{.underline}**

[Project Narrative Attachment]{.underline} Form --(found in the
Grants.gov application package) is where applicants will attach their
narrative responses to the selection criteria and the following
competitive preference priorities published in the Federal Register
notice inviting applications for this competition:

-   Competitive Preference Priority 1---Need for Assistance

-   Competitive Preference Priority 4---Expanding Capacity to Provide
    Choice.

This part of the application constitutes the portion of the application
that is subject to the mandatory limit of 250 pages described in the
Federal Register notice inviting applications for this competition. The
notice is published elsewhere in this application package and provides
detailed information concerning the page limit.

To facilitate the review of the your Magnet Schools Assistance Program
application, we recommend that you address the competitive preference
priority for "Need for assistance", the competitive preference priority
for "Expanding capacity to provide choice" and then the selection
criteria published in the application notice in the order in which they
appear in the Federal Register notice inviting applications for this
competition.

You will provide data needed to respond to the other two competitive
preference priorities---Selection of students and New and revised magnet
schools---in Part IV of the application. The information in Part IV
needed to respond to these priorities is not subject to the page limits
that apply to Part III of the application.

[Note]{.underline}

If you choose to address the invitational priority for projects that
propose to implement a rigorous evaluation to assess the effectiveness
of particular project interventions, include information responsive to
this priority in Part IV: Other Information. We expect information
provided in response to this invitational priority to be different from
information included in the project narrative in response to the factors
that make up the Quality of Evaluation Plan selection criterion.
Specifically, the Quality of Evaluation Plan criterion expects
applicants to describe evaluation plans that focus on how and how well
the project is doing in accomplishing its stated objectives and
outcomes. An evaluation plan addressing the invitational priority would,
on the other hand, focus on scientifically-based evidence of the
effectiveness of one or more particular interventions that are included
in the project.

## [OTHER DOCUMENTS & ATTACHMENTS]{.underline}

Part IV consists of all of the other documents that are needed for your
application, including the abstract, desegregation plan information,
Tables 1 to 6 that provide information about various aspects of your
project, including the enrollment data required by §280.20(x) in the
Magnet Schools Assistance Program regulations, resumes, letters of
support, and so forth.

> **[Abstract]{.underline}**
>
> The abstract narrative must not exceed one page and should use
> language that will be understood by a range of audiences. For all
> projects, include the project title (if applicable), major project
> goals and objectives, the names of the magnet schools that will
> participate in the project, a brief description of the special
> curricular programs (e.g., Math and Science, Montessori, Performing
> Arts, etc) that each magnet school will implement, and the number of
> students expected to participate in each magnet school program.
>
> **[Desegregation Plan Information Form]{.underline}**
>
> Check the appropriate box to indicate whether the applicant is
> implementing a required plan or a voluntary plan. The applicant must
> also attach copies of the appropriate documents based on the type of
> desegregation plan that the applicant is implementing.
>
> **[Tables 1-4---Enrollment Data]{.underline}**
>
> Tables 1-4 provide current and projected enrollment data for the
> applicant, the magnet schools included in the project and schools from
> which students would be drawn (feeder schools). Specific instructions
> for this set of tables are included with the tables. A separate copy
> of Table #3 will be needed for each magnet school included in the
> project.
>
> **[Table 5---Selection of Students]{.underline}**
>
> Table 5 is used to provide information response to Competitive
> Preference Priority #3---Selection of students. Specific instructions
> are included with the table.
>
> **[Table 6---Revised Magnet Schools]{.underline}**
>
> Table 6 is used to provide information responsive to Priority #2---New
> or revised magnet schools projects and addresses the extent to which
> revisions to existing magnet schools are significant revisions.
> Specific guidance is included with Table 6. If all of the magnet
> schools participating in the project will be new magnet schools,
> indicate that no revised magnet schools are participating in the
> project.
>
> **[Resumes]{.underline}**
>
> Provide individual resumes for the proposed project directors and
> other key personnel described in project narrative. Provide brief
> resumes or, for positions that would be filled after a grant is
> awarded, job descriptions that include relevant qualifications for the
> individual(s) that the district would seek to recruit for those
> positions. Each resume should be limited to not more than three pages
> in length.
>
> **[Letters of Support (Optional)]{.underline}**
>
> **[Joint Application Information (if necessary)]{.underline}**
>
> If the application is a joint application between two or more local
> educational agencies to implement an inter-district magnet schools
> plan, the application must provide the information described in 34 CFR
> 75.128 concerning the agency that will be designated as the applicant
> and the agreement between members of the group.
>
> **[Response to the Invitational Priority for Rigorous Evaluation
> (optional)]{.underline}**
>
> Specific guidance on the information necessary to respond to this
> invitational priority is included in the Federal Register closing date
> notice. Applicants are reminded that no response is required. As set
> forth in 34 CFR 75.105(c)(1), an applicant that meets the invitational
> priority receives no competitive or absolute preference over
> applications that do not meet the invitational priority.
>
> **[Assurances]{.underline}**
>
> In addition to the standard assurances contained elsewhere in the
> application package, a Magnet Schools Assistance Program application
> requires the inclusion of a signed copy of the Magnet Schools
> Assistance Program assurances.

**MAGNET SCHOOLS ASSISTANCE PROGRAM ASSURANCES**

In accordance with section 5305(b)(2) of the No Child Left Behind Act,
the applicant hereby assures and certifies that it will──

\(A\) use grant funds under this part for the purposes specified in
section 5301(b);

\(B\) employ highly qualified teachers in the courses of instruction
assisted under this part;

\(C\) not engage in discrimination based on race, religion, color,
national origin, sex, or disability in the hiring, promotion, or
assignment of employees of the applicant or other personnel for whom the
applicant has any administrative responsibility;

\(D\) not engage in discrimination based on race, religion, color,
national origin, sex, or disability in the assignment of students to
schools, or to courses of instruction within the schools, of such
applicant, except to carry out the approved plan;

\(E\) not engage in discrimination based on race, religion, color,
national origin, sex, or disability in designing or operating
extracurricular activities for students;

\(F\) carry out a high-quality education program that will encourage
greater parental decisionmaking and involvement; and

\(G\) give students residing in the local attendance area of the
proposed magnet school program equitable consideration for placement in
the program, consistent with desegregation guidelines and the capacity
of the applicant to accommodate the students.

\* \* \* \* \* \* \* \* \* \* \* \*

If the applicant has an approved desegregation plan─

The applicant hereby assures and certifies that it is implementing that
desegregation plan as approved.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

Signature of Authorized Date

Representative

+-------------------------------------+--------------------------------+
| #                                   |                                |
| Desegregation Plan Information Form |                                |
+-------------------------------------+--------------------------------+
| # Type of Desegregation Plan        |                                |
|                                     |                                |
| ***(Check One & Attach the          |                                |
| Appropriate Documents)***           |                                |
+-------------------------------------+--------------------------------+
| A Required Plan: A plan that is (1) | A Voluntary Plan: A plan to    |
| implemented pursuant to a final     | reduce, eliminate or prevent   |
| order of a court of the United      | minority group isolation that  |
| States, or a court of any State, or | is being implemented (or would |
| any other state agency or official  | be implemented if assistance   |
| of competent jurisdiction and (2)   | under the Magnet Schools       |
| the order requires the              | Assistance Program is made     |
| desegregation of minority group     | available) on either a         |
| segregated children or faculty in   | voluntary basis or as required |
| the elementary and secondary        | under Title VI of the Civil    |
| schools of that agency or those     | Rights Act of 1964.            |
| agencies.                           |                                |
|                                     | ##                             |
| [Attach the Following               | Attach the Following Documents |
| Documents]{.underline}              |                                |
|                                     | -   A copy of the plan         |
| -   A copy of the court or agency   |                                |
|     order that demonstrated that    | -   A copy of the school board |
|     the magnet school(s) for which  |     resolution adopting and    |
|     assistance is sought under the  |     implementing the plan, or  |
|     grant are a part of the         |     agreeing to adopt and      |
|     approved plan.                  |     implement the plan upon    |
|                                     |     the award of assistance.   |
| -   [Note]{.underline}: If the      |                                |
|     applicant is implementing a     |                                |
|     previously approved plan that   |                                |
|     does not include the magnet     |                                |
|     school(s) for which assistance  |                                |
|     is requested, the plan must be  |                                |
|     modified to include the new     |                                |
|     magnet school(s). The applicant |                                |
|     must obtain approval of the new |                                |
|     magnet schools, or any other    |                                |
|     modification to its             |                                |
|     desegregation plan, from the    |                                |
|     court, agency or official that  |                                |
|     originally approved the plan.   |                                |
|     The date by which proof of      |                                |
|     approval of any desegregation   |                                |
|     plan modification must be       |                                |
|     submitted to the US Department  |                                |
|     of Education is identified in   |                                |
|     the closing date notice.        |                                |
|                                     |                                |
| Any desegregation plan modification |                                |
| should be mailed to:                |                                |
|                                     |                                |
| Steven L. Brockhouse                |                                |
|                                     |                                |
| US Department of Education          |                                |
|                                     |                                |
| Office of Innovation & Improvement  |                                |
|                                     |                                |
| 400 Maryland Avenue SW, Rm 4W229    |                                |
|                                     |                                |
| Washington, DC 20202-5970           |                                |
+-------------------------------------+--------------------------------+

+-----------------------------------------------------------------------+
| # Instructions for Enrollment Data---Page 1                           |
+-----------------------------------------------------------------------+
| #########                                                             |
|  Enrollment Data for the [Local Educational Agency (LEA)]{.underline} |
|                                                                       |
| 1.  Provide actual enrollment data as of October 1, 2006 (or the      |
|     closest date to October 1, 2006 when the LEA's enrollment data    |
|     was collected) for the grade levels (e.g., K-8) affected by the   |
|     project that shows the enrollment of minority group and           |
|     non-minority students in the LEA's schools. If the application is |
|     a joint application, provide data for the schools of each         |
|     participating LEA.                                                |
|                                                                       |
| 2.  Provide enrollment data for the grade levels affected by the      |
|     magnet project that shows the projected number of minority group  |
|     and non-minority students as of October 1, 2007 (Project Yr 1:    |
|     School Yr 2007-08), October 1, 2008 (Project Yr 2: School Yr      |
|     2008-09) and October 1, 2009 (Project Yr 3: School Yr 2009-10).   |
|                                                                       |
| 3.  If the project includes any magnet schools that are existing      |
|     magnet schools (i.e., schools that already implement a magnet     |
|     program whether or not the magnet school or program has been      |
|     previously supported with MSAP funds), identify the school year   |
|     in which the school began implementation of a magnet program. If  |
|     all of the magnet schools in the project will be new magnet       |
|     schools, check the box at the bottom of Table 2.                  |
|                                                                       |
| *Note: Tables #1 and 2 provide suggested formats for this data,       |
| however, applicants may provide the data in a different form if they  |
| choose to do so.*                                                     |
+-----------------------------------------------------------------------+
| A)  **Enrollment Data for the [Magnet Schools]{.underline} Included   |
|     in the Project**                                                  |
|                                                                       |
|     1.  Provide actual enrollment data as of October 1, 2006 (or the  |
|         closest date to October 1, 2006 when the LEA's enrollment     |
|         data was collected) by grade that shows the number of         |
|         minority group and non-minority students enrolled in each     |
|         magnet school.                                                |
|                                                                       |
| (Special Note: If a school has no enrollment for the 2006-07 school   |
| year, for example because it is a new school, provide an estimate of  |
| the enrollment that the school would have had for the 2006-07 school  |
| year if it had operated as a regular school, consistent with the      |
| applicant's policy for assigning students to regular non-magnet       |
| schools.)                                                             |
|                                                                       |
| 2.  Provide projected enrollment data by grade for each magnet school |
|     that shows the projected number of minority group and             |
|     non-minority students as of October 1, 2007 (Project Yr 1: School |
|     Yr 2007-08), October 1, 2008 (Project Yr 2: School Yr 2008-09)    |
|     and October 1, 2009 (Project Yr 3: School Yr 2009-10).            |
|     ***[Projected]{.underline} enrollment data should show what each  |
|     magnet school's enrollment would be expected to be if the magnet  |
|     program is successfully implemented.***                           |
|                                                                       |
| *Note: Table #3 provides a suggested format for the data needed for a |
| magnet school, however, an applicant may use its own format to        |
| provide the data. A copy of the table will be needed for each magnet  |
| school included in the project.*                                      |
+-----------------------------------------------------------------------+

+-----------------------------------------------------------------------+
| # Instructions for Enrollment Data---Page 2                           |
+-----------------------------------------------------------------------+
| B)  **Enrollment Data for [Feeder Schools]{.underline}**              |
|                                                                       |
| (Note: The Magnet Schools Assistance Program defines "feeder schools" |
| as the schools from which students are drawn, that is the schools at  |
| the same grade level as the magnet school that students would have    |
| attended if they did not attend the magnet school.)                   |
|                                                                       |
| 1.  Provide actual enrollment data as of October 1, 2006 (or the      |
|     closest date to October 1, 2006 when the LEA's enrollment data    |
|     was collected) for each feeder school that shows the number of    |
|     minority group and non-minority students enrolled in those        |
|     schools and identifies the magnet school(s) associated with each  |
|     feeder school. If the application is a joint application, provide |
|     separate data for the feeder schools from each participating LEA. |
|                                                                       |
| 2.  Provide projected enrollment data for the feeder schools          |
|     identified above that shows the projected number of minority      |
|     group and non-minority students as of October 1, 2007 (Project Yr |
|     1: the 2007-08 School Yr), October 1, 2008 (Project Yr 2: the     |
|     2008-09 School Yr) and October 1, 2009 (Project Yr 3: the 2009-10 |
|     School Yr). ***[Projected]{.underline} enrollment data should     |
|     show what enrollment of feeder schools would be expected to be if |
|     the magnet program is successfully implemented.***                |
|                                                                       |
| 3.  If the application is a joint application, provide separate data  |
|     for the schools of each participating LEA.                        |
|                                                                       |
| *Note: Table 4 provides a suggested format for this data, however, an |
| applicant may use its own format to provide the data.*                |
+-----------------------------------------------------------------------+

<table style="width:100%;">
<colgroup>
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 0%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="28"><h1 id="table-1-enrollment-datalea-level">Table #1:
Enrollment Data—<em><u>LEA-Level</u></em></h1></td>
</tr>
<tr class="even">
<td colspan="7"><p>Actual Enrollment—October 1, 2006</p>
<p><strong>(Current School Year)</strong></p></td>
<td colspan="7"><p>Projected Enrollment—Oct 1, 2007</p>
<p><strong>(Year 1 of Project)</strong></p></td>
<td colspan="7"><p>Projected Enrollment—Oct 1, 2008</p>
<p><strong>(Year 2 of Project)</strong></p></td>
<td colspan="7"><p>Projected Enrollment—Oct 1, 2009</p>
<p><strong>(Year 3 of Project)</strong></p></td>
</tr>
<tr class="odd">
<td><h5 id="grade-level">Grade Level</h5></td>
<td><blockquote>
<p><strong>Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td colspan="2"><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><h5 id="grade-level-1">Grade Level</h5></td>
<td><blockquote>
<p><strong>Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td colspan="2"><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><h5 id="grade-level-2">Grade Level</h5></td>
<td><blockquote>
<p><strong>Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td colspan="2"><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><h5 id="grade-level-3">Grade Level</h5></td>
<td><blockquote>
<p><strong>Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student No</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td colspan="2"><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td><h6 id="k">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><h6 id="k-1">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><h6 id="k-2">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><h6 id="k-3">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><p id="tot" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><p id="tot-1" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><p id="tot-2" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td><p id="tot-3" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="27"><h1
id="table-2-year-of-implementation-for-existing-magnet-schools-included-in-the-project">Table
#2: Year of Implementation for Existing Magnet Schools Included in the
Project</h1></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="6"><h2 id="school-name">School Name</h2></td>
<td colspan="7"><p><strong>First School Year as a</strong></p>
<p><strong>Magnet School</strong></p></td>
<td colspan="7"><h2 id="school-name-1">School Name</h2></td>
<td colspan="7"><p><strong>First School Year as a</strong></p>
<h2 id="magnet-school">Magnet School</h2></td>
<td></td>
</tr>
<tr class="even">
<td colspan="6"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="6"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="6"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="6"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td colspan="7"></td>
<td></td>
</tr>
</tbody>
</table>

Check here if all of the magnet schools included in the project are
schools that are implementing a magnet program for the first time.

<table style="width:100%;">
<colgroup>
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
<col style="width: 4%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="24"><h1 id="table-3-enrollment-datamagnet-school">Table #3:
Enrollment Data—Magnet School</h1>
<table>
<colgroup>
<col style="width: 100%" />
</colgroup>
<tbody>
<tr class="odd">
<td></td>
</tr>
<tr class="even">
<td></td>
</tr>
</tbody>
</table>
<h1 id="magnet-school-1">Magnet School:</h1></td>
</tr>
<tr class="even">
<td colspan="6"><p>Actual Enrollment as of</p>
<p>October 1, 2006</p>
<p><strong>(Current School Year)</strong></p></td>
<td colspan="6"><p>Projected Enrollment as of October 1, 2007</p>
<p><strong>(Year 1 of Project)</strong></p></td>
<td colspan="6"><p>Projected Enrollment as of October 1, 2008</p>
<p><strong>(Year 2 of Project)</strong></p></td>
<td colspan="6"><h4
id="projected-enrollment-as-of-october-1-2009">Projected Enrollment as
of October 1, 2009</h4>
<p><strong>(Year 3 of Project)</strong></p></td>
</tr>
<tr class="odd">
<td><h5 id="grade-level-4">Grade Level</h5></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><h5 id="grade-level-5">Grade Level</h5></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><h5 id="grade-level-6">Grade Level</h5></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><h5 id="grade-level-7">Grade Level</h5></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct.</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
</tr>
<tr class="even">
<td><h6 id="k-4">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><h6 id="k-5">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><h6 id="k-6">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><h6 id="k-7">K</h6></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>1</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>2</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>3</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>4</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>5</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>6</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>7</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>8</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>9</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>10</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>11</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><strong>12</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><p id="tot-4" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><p id="tot-5" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><p id="tot-6" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td><p id="tot-7" class="heading">Tot</p></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

-   Use a separate copy of this table (or the applicants own format) for
    each magnet school participating in the project.

-   Provide data for all students in each grade for which the school
    enrolls students.

-   Remember, the projected data for Years 1, 2 and 3 of the project
    should be based on projections showing the anticipated enrollment of
    the magnet school if the project is successfully implemented.

<table style="width:100%;">
<colgroup>
<col style="width: 9%" />
<col style="width: 9%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 4%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="22"><h1 id="table-4-enrollment-datafeeder-schools">Table 4:
Enrollment Data—Feeder Schools</h1></td>
</tr>
<tr class="even">
<td colspan="2"><h2 id="schools">Schools</h2></td>
<td colspan="5"><p><strong>Actual Enrollment as of October 1,
2006</strong></p>
<p><strong>(Current School Year)</strong></p></td>
<td colspan="5"><p><strong>Projected Enrollment as of October 1,
2007</strong></p>
<p><strong>(Year 1 of Project)</strong></p></td>
<td colspan="5"><p><strong>Projected Enrollment as of October 1,
2008</strong></p>
<p><strong>(Year 2 of Project)</strong></p></td>
<td colspan="5"><p><strong>Projected Enrollment as of October 1,
2009</strong></p>
<p><strong>(Year 3 of Project)</strong></p></td>
</tr>
<tr class="odd">
<td><h3 id="feeder">Feeder</h3></td>
<td><strong>Magnet(s)</strong></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Total Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Minority Student Pct</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Number of Non-Minority Students</strong></p>
</blockquote></td>
<td><blockquote>
<p><strong>Non-Minority Student Pct</strong></p>
</blockquote></td>
<td><p id="total-students" class="heading">Total Students</p></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

-   For each feeder school, identify the magnet school(s) to which the
    feeder school would send students. If a feeder school would send
    students to all magnet schools at a particular grade level (for
    example, Elementary Feeder School "X" would send students to all of
    the elementary magnet schools participating in the project, indicate
    "All" in the "Magnet" column associated with Elementary Feeder
    School "X".

-   The enrollment data projections for Years 1, 2 and 3 of the project
    should show what the enrollment of feeder schools would be expected
    to be if the magnet school or schools in the project are
    successfully implemented.

-   Use additional sheets, if necessary.

+-----------------------------------------------------------------------+
| # Table 5: Selection of Students                                      |
+-----------------------------------------------------------------------+
| [Instructions]{.underline}:                                           |
|                                                                       |
| For each magnet school included in the project:                       |
|                                                                       |
| -   Indicate whether or not academic examination is used as a factor  |
|     in the selection of students for the magnet school and, if so,    |
|     how it is used.                                                   |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| -   Briefly describe how students are selected (e.g., weighted        |
|     lottery, first come/first served, etc.). In the description,      |
|     identify the criteria that are used, if any, in selecting         |
|     students and indicate how each of those criteria is used in the   |
|     process.                                                          |
|                                                                       |
| -   If the same process and use of academic criteria applies to more  |
|     than one of the magnet schools included in the project, in the    |
|     "Magnet School(s)" identify all of the schools for which the      |
|     student selection process applies.                                |
|                                                                       |
| -   Use additional sheets or space, if necessary.                     |
|                                                                       |
| -   Information on the student selection processes used by other      |
|     magnet schools (i.e., magnet schools that are not included in the |
|     project) is [not]{.underline} needed.                             |
+-----------------------------------------------------------------------+
| **Magnet School(s)**:                                                 |
+-----------------------------------------------------------------------+
| Check the appropriate box:                                            |
|                                                                       |
| Academic examination is a criterion in the magnet school student      |
| selection process.                                                    |
|                                                                       |
| Academic examination is [not]{.underline} a criterion in the magnet   |
| school student selection process.                                     |
+-----------------------------------------------------------------------+
| Describe the student selection process.                               |
+-----------------------------------------------------------------------+
| **Magnet School(s)**:                                                 |
+-----------------------------------------------------------------------+
| Check the appropriate box:                                            |
|                                                                       |
| Academic examination is a criterion in the magnet school student      |
| selection process.                                                    |
|                                                                       |
| > Academic examination is [not]{.underline} a criterion in the magnet |
| > school student selection process.                                   |
+-----------------------------------------------------------------------+
| Describe the student selection process.                               |
+-----------------------------------------------------------------------+

+-----------------------------------------------------------------------+
| # Table 6: Revised Magnet Schools                                     |
+-----------------------------------------------------------------------+
| [Instructions]{.underline}:                                           |
|                                                                       |
| For each magnet school identified in Table #2 (Existing Magnet        |
| Schools Included in the Project):                                     |
|                                                                       |
| -   Briefly describe the nature of the change that is being made to   |
|     the magnet school program at that school (for example, expansion  |
|     of program from within school program serving 50 students to      |
|     whole school program serving 400 students; adding medical         |
|     sciences within school to complement other within school programs |
|     and serve greater total number of students; upgrade thematic      |
|     curriculum to maintain program attractiveness; replace existing   |
|     magnet program, etc); and                                         |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| -   Explain the significance of the revision to the magnet school.    |
|     Relevant information might include, for example, discussion of    |
|     diminishing effectiveness of the existing program; what would be  |
|     accomplished or achieved as a result of the revision to the       |
|     magnet program; the expected benefits or effects that would       |
|     result from implementation of the revision; the need, if          |
|     appropriate, to expand from a within school program to a whole    |
|     program; etc.                                                     |
|                                                                       |
| -   If all of the schools participating in the project are new magnet |
|     schools, indicate "No Revised Magnet Schools Participating in the |
|     Project" in the first "Nature of Revision or Change to the Magnet |
|     School" box.                                                      |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| -   Use additional sheets, if necessary.                              |
+-----------------------------------------------------------------------+
| **Magnet School**:                                                    |
+-----------------------------------------------------------------------+
| [Nature of Revision or Change to the Magnet School]{.underline}:      |
+-----------------------------------------------------------------------+
| [Explanation of How or Why the Revision is Significant]{.underline}:  |
+-----------------------------------------------------------------------+

## 

## 

## 

## 

# [Standard Forms & Instructions]{.smallcaps}

The standard forms needed to complete the application are included in
the grant application package for the Magnet Schools Assistance Program
at Grants.gov. Copies of the forms are also available on the ED website
at <http://www.ed.gov/fund/grant/apply/appforms/appforms.html>.

The standard forms used for the Magnet Schools Assistance Program grant
competition are:

-   Application for Federal Assistance (SF424 and Supporting Documents)

-   ED Supplement to the SF424

-   Budget Information - Non-Construction Programs (ED524, Sections A,
    B, and C)

-   Standard Assurances for Non-Construction Programs (SF424B)

-   Grants.gov Lobbying Form

-   Lobbying Disclosure Form (SF LLL) and Instructions

**Mandatory Submission of Electronic Application**

***Applications for grants under this competition [must]{.underline} be
submitted electronically, unless you qualify for an exception to the
electronic submission requirement in accordance with the instructions in
this application.***

[We will reject your application if you submit it in paper
format]{.underline} unless, as described elsewhere in this application,
you qualify for one of the exceptions to the electronic submission
requirement and submit, no later than two weeks before the application
deadline date, a written statement to the Department that you qualify
for one of these exceptions.

**[Attention Electronic Applicants]{.underline}**

Please note that you must follow the Application Procedures as described
in the Federal Register notice announcing the grant competition.

This program requires the electronic submission of applications --
specific requirements and instructions can be found in the Federal
Register notice. *Your application must be fully uploaded and submitted,
and must be date/time stamped by the Grants.gov system no later than
4:30 p.m., Washington DC time, on the application deadline date.*

***[Applications Submitted Electronically]{.underline}***

You must submit your grant application through the Internet using the
software provided on the Grants.gov Web site
([http://www.grants.gov](http://www.grants.gov/)) by 4:30 p.m.
(Washington, DC time) on the application deadline date. If you submit
your application through the Internet via Grants.gov Web site, you will
receive an automatic acknowledgement when we receive your application.

For more information on using Grants.gov, please refer to the Notice
Inviting Applications that was published in the Federal Register, the
Grants.gov submission Procedures and Tips document found in the
application package instructions, and visit
[http://www.grants.gov](http://www.grants.gov/)

According to the instructions found in the Federal Register notice,
those [requesting and qualifying]{.underline} for an Exception to the
electronic submission requirements may submit an application via mail,
commercial carrier or by hand delivery.

*[Applications Sent by Mail]{.underline}*

You must mail the original and two copies of the application on or
before the deadline date. To help expedite our review of your
application, we would appreciate your voluntarily including one
additional copy of your application.

Please mail applications to : U.S. Department of Education

Application Control Center

Attention: CFDA#(84.165A)

400 Maryland Avenue, S.W.

Washington, DC 20202-4260

You must show one of the following as proof of mailing:

1.  A legibly dated U.S. Postal Service Postmark

2.  A legible mail receipt with the date of mailing stamped by the U.S.
    Postal Service

3.  A dated shipping label, invoice, or receipt from a commercial
    carrier

4.  Any other proof of mailing acceptable to the Secretary

If you mail an application through the U.S. Postal Service, we do not
accept either of the following as proof of mailing:

1.  A private metered postmark

2.  A mail receipt that is not dated by the U.S. Postal Services

An applicant should note that the U.S. Postal Service does not uniformly
provide a dated postmark. Before relying on this method, an applicant
should check with its local post office.

*[Applications Delivered by Commercial Carrier]{.underline}*

**Special Note: Due to recent disruptions to normal mail delivery, the
Department encourages you to consider using an alternative delivery
method (for example, a commercial carrier, such as Federal Express or
United Parcel Service; or U.S. Postal Service Express Mail) to transmit
your application for this competition to the Department. If you use an
alternative delivery method, please obtain the appropriate proof of
mailing under "Applications Sent by Mail," then follow the mailing
instructions under the appropriate delivery method.**

Applications that are delivered by commercial carrier, such as Federal
Express, United Parcel Service, etc. should be mailed to the:

U.S. Department of Education

Application Control Center --Stop 4260

Attention CFDA#(84.165A)

7100 Old Landover Road

Landover, MD 20785-1506

*[Applications Delivered by Hand]{.underline}*

You or your courier must hand deliver the original and two copies of the
application by 4:30 P.M. (Washington, D.C. time) on or before the
deadline date. To help expedite our review of your application, we would
appreciate your voluntarily including one additional copy of your
application.

Please hand deliver applications to:

U.S. Department of Education

Application Control Center-Stop 3260

Attention: CFDA#(84.165A)

550 12^th^ Street, S.W.

PCP-Room 7041

Washington, DC 20202-4260

The Application Control Center accepts application deliveries daily
between 8:00 a.m. and 4:30 p.m. (Washington, D.C. time), except
Saturdays, Sundays and federal holidays.

**[APPLICATION FOR FEDERAL ASSISTANCE (SF 424)]{.underline}**

**[AND]{.underline}**

**[ED SUPPLEMENTAL INFORMATION FOR THE SF-424.]{.underline}**

These forms require basic identifying information about the applicant
and the application.

When applying electronically via Grants.gov, you will need to ensure
that the DUNS number you enter on your application is the same as the
DUNS number your organization used when it registered with the Central
Contractor Registry.

Applicants should clearly indicate, in item \# 11 of the SF 424, the
CFDA number of the Program (CFDA 84.165A). If the information is not
provided, your application may be assigned and reviewed under a program
different than the one you intended. Also provide the name of the
program --Magnet Schools Assistance Program.

**INSTRUCTIONS FOR THE SF-424**

Public reporting burden for this collection of information is estimated
to average 60 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project (0348-0043), Washington, DC 20503.

**PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.**

> This is a standard form (including the continuation sheet) required
> for use as a cover sheet for submission of preapplications and
> applications and related information under discretionary programs.
> Some of the items are required and some are optional at the discretion
> of the applicant or the Federal agency (agency). Required items are
> identified with an asterisk on the form and are specified in the
> instructions below. In addition to the instructions provided below,
> applicants must consult agency instructions to determine specific
> requirements.

+---+----------------+----------------+---+-----------------------------+
| I | Entry:         |                | I | Entry:                      |
| t |                |                | t |                             |
| e |                |                | e |                             |
| m |                |                | m |                             |
+---+----------------+----------------+---+-----------------------------+
| 1 | **Type of      |                | 1 | **Name Of Federal Agency**: |
| \ | Submission:**  |                | 0 | (Required) Enter the name   |
| . | (Required):    |                | \ | of the Federal agency from  |
|   | Select one     |                | . | which assistance is being   |
|   | type of        |                |   | requested with this         |
|   | submission in  |                |   | application.                |
|   | accordance     |                |   |                             |
|   | with agency    |                |   |                             |
|   | instructions.  |                |   |                             |
|   |                |                |   |                             |
|   | -              |                |   |                             |
|   | Preapplication |                |   |                             |
|   |                |                |   |                             |
|   | -              |                |   |                             |
|   |    Application |                |   |                             |
|   |                |                |   |                             |
|   | -   Cha        |                |   |                             |
|   | nged/Corrected |                |   |                             |
|   |                |                |   |                             |
|   |    Application |                |   |                             |
|   |     -- If      |                |   |                             |
|   |     requested  |                |   |                             |
|   |     by the     |                |   |                             |
|   |     agency,    |                |   |                             |
|   |     check if   |                |   |                             |
|   |     this       |                |   |                             |
|   |     submission |                |   |                             |
|   |     is to      |                |   |                             |
|   |     change or  |                |   |                             |
|   |     correct a  |                |   |                             |
|   |     previously |                |   |                             |
|   |     submitted  |                |   |                             |
|   |                |                |   |                             |
|   |   application. |                |   |                             |
|   |     Unless     |                |   |                             |
|   |     requested  |                |   |                             |
|   |     by the     |                |   |                             |
|   |     agency,    |                |   |                             |
|   |     applicants |                |   |                             |
|   |     may not    |                |   |                             |
|   |     use this   |                |   |                             |
|   |     to submit  |                |   |                             |
|   |     changes    |                |   |                             |
|   |     after the  |                |   |                             |
|   |     closing    |                |   |                             |
|   |     date.      |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 1 | **Catalog Of Federal        |
|   |                |                | 1 | Domestic Assistance         |
|   |                |                | \ | Number/Title:** Enter the   |
|   |                |                | . | Catalog of Federal Domestic |
|   |                |                |   | Assistance number and title |
|   |                |                |   | of the program under which  |
|   |                |                |   | assistance is requested, as |
|   |                |                |   | found in the program        |
|   |                |                |   | announcement, if            |
|   |                |                |   | applicable.                 |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
| 2 | **Type of      |                | 1 | **Funding Opportunity       |
| \ | Application**: |                | 2 | Number/Title:** (Required)  |
| . | (Required)     |                | \ | Enter the Funding           |
|   | Select one     |                | . | Opportunity Number and      |
|   | type of        |                |   | title of the opportunity    |
|   | application in |                |   | under which assistance is   |
|   | accordance     |                |   | requested, as found in the  |
|   | with agency    |                |   | program announcement.       |
|   | instructions.  |                |   |                             |
|   |                |                |   |                             |
|   | -   New -- An  |                |   |                             |
|   |                |                |   |                             |
|   |    application |                |   |                             |
|   |     that is    |                |   |                             |
|   |     being      |                |   |                             |
|   |     submitted  |                |   |                             |
|   |     to an      |                |   |                             |
|   |     agency for |                |   |                             |
|   |     the first  |                |   |                             |
|   |     time.      |                |   |                             |
|   |                |                |   |                             |
|   | -              |                |   |                             |
|   | Continuation - |                |   |                             |
|   |     An         |                |   |                             |
|   |     extension  |                |   |                             |
|   |     for an     |                |   |                             |
|   |     additional |                |   |                             |
|   |                |                |   |                             |
|   | funding/budget |                |   |                             |
|   |     period for |                |   |                             |
|   |     a project  |                |   |                             |
|   |     with a     |                |   |                             |
|   |     projected  |                |   |                             |
|   |     completion |                |   |                             |
|   |     date. This |                |   |                             |
|   |     can        |                |   |                             |
|   |     include    |                |   |                             |
|   |     renewals.  |                |   |                             |
|   |                |                |   |                             |
|   | ```{=html}     |                |   |                             |
|   | <!-- -->       |                |   |                             |
|   | ```            |                |   |                             |
|   | -   Revision - |                |   |                             |
|   |     Any change |                |   |                             |
|   |     in the     |                |   |                             |
|   |     Federal    |                |   |                             |
|   |                |                |   |                             |
|   |   Government's |                |   |                             |
|   |     financial  |                |   |                             |
|   |     obligation |                |   |                             |
|   |     or         |                |   |                             |
|   |     contingent |                |   |                             |
|   |     liability  |                |   |                             |
|   |     from an    |                |   |                             |
|   |     existing   |                |   |                             |
|   |                |                |   |                             |
|   |    obligation. |                |   |                             |
|   |     If a       |                |   |                             |
|   |     revision,  |                |   |                             |
|   |     enter the  |                |   |                             |
|   |                |                |   |                             |
|   |    appropriate |                |   |                             |
|   |     letter(s). |                |   |                             |
|   |     More than  |                |   |                             |
|   |     one may be |                |   |                             |
|   |     selected.  |                |   |                             |
|   |     If         |                |   |                             |
|   |     \"Other\"  |                |   |                             |
|   |     is         |                |   |                             |
|   |     selected,  |                |   |                             |
|   |     please     |                |   |                             |
|   |     specify in |                |   |                             |
|   |     text box   |                |   |                             |
|   |     provided.  |                |   |                             |
|   |                |                |   |                             |
|   | > A. Increase  |                |   |                             |
|   | > Award B.     |                |   |                             |
|   | > Decrease     |                |   |                             |
|   | > Award        |                |   |                             |
|   |                |                |   |                             |
|   | C. Increase    |                |   |                             |
|   | Duration D.    |                |   |                             |
|   | Decrease       |                |   |                             |
|   | Duration       |                |   |                             |
|   |                |                |   |                             |
|   | E. Other       |                |   |                             |
|   | (specify)      |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 1 | **Competition               |
|   |                |                | 3 | Identification              |
|   |                |                | \ | Number/Title:** Enter the   |
|   |                |                | . | Competition Identification  |
|   |                |                |   | Number and title of the     |
|   |                |                |   | competition under which     |
|   |                |                |   | assistance is requested, if |
|   |                |                |   | applicable.                 |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 1 | **Areas Affected By         |
|   |                |                | 4 | Project:** List the areas   |
|   |                |                | \ | or entities using the       |
|   |                |                | . | categories (e.g., cities,   |
|   |                |                |   | counties, states, etc.)     |
|   |                |                |   | specified in agency         |
|   |                |                |   | instructions. Use the       |
|   |                |                |   | continuation sheet to enter |
|   |                |                |   | additional areas, if        |
|   |                |                |   | needed.                     |
+---+----------------+----------------+---+-----------------------------+
| 3 | **Date         |                | 1 | **Descriptive Title of      |
| \ | Received:**    |                | 5 | Applicant's Project:**      |
| . | Leave this     |                | \ | (Required) Enter a brief    |
|   | field blank.   |                | . | descriptive title of the    |
|   | This date will |                |   | project. If appropriate,    |
|   | be assigned by |                |   | attach a map showing        |
|   | the Federal    |                |   | project location (e.g.,     |
|   | agency.        |                |   | construction or real        |
|   |                |                |   | property projects). For     |
|   |                |                |   | preapplications, attach a   |
|   |                |                |   | summary description of the  |
|   |                |                |   | project.                    |
+---+----------------+----------------+---+-----------------------------+
| 4 | **Applicant    |                |   |                             |
| \ | Identifier**:  |                |   |                             |
| . | Enter the      |                |   |                             |
|   | entity         |                |   |                             |
|   | identifier     |                |   |                             |
|   | assigned by    |                |   |                             |
|   | the Federal    |                |   |                             |
|   | agency, if     |                |   |                             |
|   | any, or        |                |   |                             |
|   | applicant's    |                |   |                             |
|   | control        |                |   |                             |
|   | number, if     |                |   |                             |
|   | applicable.    |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
| 5 | **Federal      |                | 1 | **Congressional Districts   |
| a | Entity         |                | 6 | Of**: (Required) 16a. Enter |
|   | Identifier**:  |                | \ | the applicant's             |
|   | Enter the      |                | . | Congressional District, and |
|   | number         |                |   | 16b. Enter all District(s)  |
|   | assigned to    |                |   | affected by the program or  |
|   | your           |                |   | project. Enter in the       |
|   | organization   |                |   | format: 2 characters State  |
|   | by the Federal |                |   | Abbreviation -- 3           |
|   | Agency, if     |                |   | characters District Number, |
|   | any.           |                |   | e.g., CA-005 for California |
|   |                |                |   | 5th^th^ district, CA-012    |
|   |                |                |   | for California 12^th^       |
|   |                |                |   | district, NC-103 for North  |
|   |                |                |   | Carolina's 103^rd^          |
|   |                |                |   | district.                   |
|   |                |                |   |                             |
|   |                |                |   | -   If all congressional    |
|   |                |                |   |     districts in a state    |
|   |                |                |   |     are affected, enter     |
|   |                |                |   |     "all" for the district  |
|   |                |                |   |     number, e.g., MD-all    |
|   |                |                |   |     for all congressional   |
|   |                |                |   |     districts in Maryland.  |
|   |                |                |   |                             |
|   |                |                |   | -   If nationwide, i.e. all |
|   |                |                |   |     districts within all    |
|   |                |                |   |     states are affected,    |
|   |                |                |   |     enter US-all.           |
|   |                |                |   |                             |
|   |                |                |   | -   If the program/project  |
|   |                |                |   |     is outside the US,      |
|   |                |                |   |     enter 00-000.           |
+---+----------------+----------------+---+-----------------------------+
| 5 | **Federal      |                |   |                             |
| b | Award          |                |   |                             |
| . | Identifier**:  |                |   |                             |
|   | For new        |                |   |                             |
|   | applications   |                |   |                             |
|   | leave blank.   |                |   |                             |
|   | For a          |                |   |                             |
|   | continuation   |                |   |                             |
|   | or revision to |                |   |                             |
|   | an existing    |                |   |                             |
|   | award, enter   |                |   |                             |
|   | the previously |                |   |                             |
|   | assigned       |                |   |                             |
|   | Federal award  |                |   |                             |
|   | identifier     |                |   |                             |
|   | number. If a   |                |   |                             |
|   | cha            |                |   |                             |
|   | nged/corrected |                |   |                             |
|   | application,   |                |   |                             |
|   | enter the      |                |   |                             |
|   | Federal        |                |   |                             |
|   | Identifier in  |                |   |                             |
|   | accordance     |                |   |                             |
|   | with agency    |                |   |                             |
|   | instructions.  |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
| 6 | **Date         |                |   |                             |
| \ | Received by    |                |   |                             |
| . | State:** Leave |                |   |                             |
|   | this field     |                |   |                             |
|   | blank. This    |                |   |                             |
|   | date will be   |                |   |                             |
|   | assigned by    |                |   |                             |
|   | the State, if  |                |   |                             |
|   | applicable.    |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
| 7 | **State        |                |   |                             |
| \ | Application    |                |   |                             |
| . | Identifier:**  |                |   |                             |
|   | Leave this     |                |   |                             |
|   | field blank.   |                |   |                             |
|   | This           |                |   |                             |
|   | identifier     |                |   |                             |
|   | will be        |                |   |                             |
|   | assigned by    |                |   |                             |
|   | the State, if  |                |   |                             |
|   | applicable.    |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
| 8 | **Applicant    |                |   |                             |
| \ | Information**: |                |   |                             |
| . | Enter the      |                |   |                             |
|   | following in   |                |   |                             |
|   | accordance     |                |   |                             |
|   | with agency    |                |   |                             |
|   | instructions:  |                |   |                             |
|   |                |                |   |                             |
|   | **a. Legal     |                |   |                             |
|   | Name**:        |                |   |                             |
|   | (Required):    |                |   |                             |
|   | Enter the      |                |   |                             |
|   | legal name of  |                |   |                             |
|   | applicant that |                |   |                             |
|   | will undertake |                |   |                             |
|   | the assistance |                |   |                             |
|   | activity. This |                |   |                             |
|   | is the name    |                |   |                             |
|   | that the       |                |   |                             |
|   | organization   |                |   |                             |
|   | has registered |                |   |                             |
|   | with the       |                |   |                             |
|   | Central        |                |   |                             |
|   | Contractor     |                |   |                             |
|   | Registry.      |                |   |                             |
|   | Information on |                |   |                             |
|   | registering    |                |   |                             |
|   | with CCR may   |                |   |                             |
|   | be obtained by |                |   |                             |
|   | visiting the   |                |   |                             |
|   | Grants.gov     |                |   |                             |
|   | website.       |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 1 | **Proposed Project Start    |
|   |                |                | 7 | and End Dates**: (Required) |
|   |                |                | \ | Enter the proposed start    |
|   |                |                | . | date and end date of the    |
|   |                |                |   | project.                    |
+---+----------------+----------------+---+-----------------------------+
|   | **b.           |                |   |                             |
|   | Emp            |                |   |                             |
|   | loyer/Taxpayer |                |   |                             |
|   | Number         |                |   |                             |
|   | (EIN/TIN):**   |                |   |                             |
|   | (Required):    |                |   |                             |
|   | Enter the      |                |   |                             |
|   | Employer or    |                |   |                             |
|   | Taxpayer       |                |   |                             |
|   | Identification |                |   |                             |
|   | Number (EIN or |                |   |                             |
|   | TIN) as        |                |   |                             |
|   | assigned by    |                |   |                             |
|   | the Internal   |                |   |                             |
|   | Revenue        |                |   |                             |
|   | Service. If    |                |   |                             |
|   | your           |                |   |                             |
|   | organization   |                |   |                             |
|   | is not in the  |                |   |                             |
|   | US, enter      |                |   |                             |
|   | 44-4444444.    |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 1 | **Estimated Funding:**      |
|   |                |                | 8 | (Required) Enter the amount |
|   |                |                | \ | requested or to be          |
|   |                |                | . | contributed during the      |
|   |                |                |   | first funding/budget period |
|   |                |                |   | by each contributor. Value  |
|   |                |                |   | of in-kind contributions    |
|   |                |                |   | should be included on       |
|   |                |                |   | appropriate lines, as       |
|   |                |                |   | applicable. If the action   |
|   |                |                |   | will result in a dollar     |
|   |                |                |   | change to an existing       |
|   |                |                |   | award, indicate only the    |
|   |                |                |   | amount of the change. For   |
|   |                |                |   | decreases, enclose the      |
|   |                |                |   | amounts in parentheses.     |
+---+----------------+----------------+---+-----------------------------+
|   | **c.           |                |   |                             |
|   | Organizational |                |   |                             |
|   | DUNS**:        |                |   |                             |
|   | (Required)     |                |   |                             |
|   | Enter the      |                |   |                             |
|   | organization's |                |   |                             |
|   | DUNS or DUNS+4 |                |   |                             |
|   | number         |                |   |                             |
|   | received from  |                |   |                             |
|   | Dun and        |                |   |                             |
|   | Bradstreet.    |                |   |                             |
|   | Information on |                |   |                             |
|   | obtaining a    |                |   |                             |
|   | DUNS number    |                |   |                             |
|   | may be         |                |   |                             |
|   | obtained by    |                |   |                             |
|   | visiting the   |                |   |                             |
|   | Grants.gov     |                |   |                             |
|   | website.       |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   | **d.           |                |   |                             |
|   | Address**:     |                |   |                             |
|   | Enter the      |                |   |                             |
|   | complete       |                |   |                             |
|   | address as     |                |   |                             |
|   | follows:       |                |   |                             |
|   | Street address |                |   |                             |
|   | (Line 1        |                |   |                             |
|   | required),     |                |   |                             |
|   | City           |                |   |                             |
|   | (Required),    |                |   |                             |
|   | County, State  |                |   |                             |
|   | (Required, if  |                |   |                             |
|   | country is     |                |   |                             |
|   | US), Province, |                |   |                             |
|   | Country        |                |   |                             |
|   | (Required),    |                |   |                             |
|   | Zip/Postal     |                |   |                             |
|   | Code           |                |   |                             |
|   | (Required, if  |                |   |                             |
|   | country is     |                |   |                             |
|   | US).           |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 1 | **Is Application Subject to |
|   |                |                | 9 | Review by State Under       |
|   |                |                | \ | Executive Order 12372       |
|   |                |                | . | Process?** Applicants       |
|   |                |                |   | should contact the State    |
|   |                |                |   | Single Point of Contact     |
|   |                |                |   | (SPOC) for Federal          |
|   |                |                |   | Executive Order 12372 to    |
|   |                |                |   | determine whether the       |
|   |                |                |   | application is subject to   |
|   |                |                |   | the State intergovernmental |
|   |                |                |   | review process. Select the  |
|   |                |                |   | appropriate box. If "a." is |
|   |                |                |   | selected, enter the date    |
|   |                |                |   | the application was         |
|   |                |                |   | submitted to the State      |
+---+----------------+----------------+---+-----------------------------+
|   | **e.           |                |   |                             |
|   | Organizational |                |   |                             |
|   | Unit:** Enter  |                |   |                             |
|   | the name of    |                |   |                             |
|   | the primary    |                |   |                             |
|   | organizational |                |   |                             |
|   | unit (and      |                |   |                             |
|   | department or  |                |   |                             |
|   | division, if   |                |   |                             |
|   | a              |                |   |                             |
|   | pplicable**)** |                |   |                             |
|   | that will      |                |   |                             |
|   | undertake the  |                |   |                             |
|   | assistance     |                |   |                             |
|   | activity, if   |                |   |                             |
|   | applicable.    |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   | **f. Name and  |                |   |                             |
|   | contact        |                |   |                             |
|   | information of |                |   |                             |
|   | person to be   |                |   |                             |
|   | contacted on   |                |   |                             |
|   | matters        |                |   |                             |
|   | involving this |                |   |                             |
|   | application**: |                |   |                             |
|   | Enter the name |                |   |                             |
|   | (First and     |                |   |                             |
|   | last name      |                |   |                             |
|   | required),     |                |   |                             |
|   | organizational |                |   |                             |
|   | affiliation    |                |   |                             |
|   | (if affiliated |                |   |                             |
|   | with an        |                |   |                             |
|   | organization   |                |   |                             |
|   | other than the |                |   |                             |
|   | applicant      |                |   |                             |
|   | organization), |                |   |                             |
|   | telephone      |                |   |                             |
|   | number         |                |   |                             |
|   | (Required),    |                |   |                             |
|   | fax number,    |                |   |                             |
|   | and email      |                |   |                             |
|   | address        |                |   |                             |
|   | (Required) of  |                |   |                             |
|   | the person to  |                |   |                             |
|   | contact on     |                |   |                             |
|   | matters        |                |   |                             |
|   | related to     |                |   |                             |
|   | this           |                |   |                             |
|   | application.   |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                | 2 | **Is the Applicant          |
|   |                |                | 0 | Delinquent on any Federal   |
|   |                |                | \ | Debt?** (Required) Select   |
|   |                |                | . | the appropriate box. This   |
|   |                |                |   | question applies to the     |
|   |                |                |   | applicant organization, not |
|   |                |                |   | the person who signs as the |
|   |                |                |   | authorized representative.  |
|   |                |                |   | Categories of debt include  |
|   |                |                |   | delinquent audit            |
|   |                |                |   | disallowances, loans and    |
|   |                |                |   | taxes.                      |
|   |                |                |   |                             |
|   |                |                |   | If yes, include an          |
|   |                |                |   | explanation on the          |
|   |                |                |   | continuation sheet.         |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
| 9 | Type of        |                | 2 | **Authorized                |
| \ | Applicant:     |                | 1 | Representative**:           |
| . | (Required)     |                | \ | (Required) To be signed and |
|   |                |                | . | dated by the authorized     |
|   | Select up to   |                |   | representative of the       |
|   | three          |                |   | applicant organization.     |
|   | applicant      |                |   | Enter the name (First and   |
|   | type(s) in     |                |   | last name required) title   |
|   | accordance     |                |   | (Required), telephone       |
|   | with agency    |                |   | number (Required), fax      |
|   | instructions.  |                |   | number, and email address   |
|   |                |                |   | (Required) of the person    |
|   |                |                |   | authorized to sign for the  |
|   |                |                |   | applicant.                  |
|   |                |                |   |                             |
|   |                |                |   | A copy of the governing     |
|   |                |                |   | body's authorization for    |
|   |                |                |   | you to sign this            |
|   |                |                |   | application as the official |
|   |                |                |   | representative must be on   |
|   |                |                |   | file in the applicant's     |
|   |                |                |   | office. (Certain Federal    |
|   |                |                |   | agencies may require that   |
|   |                |                |   | this authorization be       |
|   |                |                |   | submitted as part of the    |
|   |                |                |   | application.)               |
+---+----------------+----------------+---+-----------------------------+
|   | A.  State      | L.  Nonprofit  |   |                             |
|   |     Government |     with 501C3 |   |                             |
|   |                |     IRS Status |   |                             |
|   | ```{=html}     |     (Other     |   |                             |
|   | <!-- -->       |     than       |   |                             |
|   | ```            |                |   |                             |
|   | A.  County     |    Institution |   |                             |
|   |     Government |     of Higher  |   |                             |
|   |                |     Education) |   |                             |
|   | B.  City or    |                |   |                             |
|   |     Township   | M.  Nonprofit  |   |                             |
|   |     Government |     without    |   |                             |
|   |                |     501C3 IRS  |   |                             |
|   | C.  Special    |     Status     |   |                             |
|   |     District   |     (Other     |   |                             |
|   |     Government |     than       |   |                             |
|   |                |                |   |                             |
|   | D.  Regional   |    Institution |   |                             |
|   |                |     of Higher  |   |                             |
|   |   Organization |     Education) |   |                             |
|   |                |                |   |                             |
|   | E.  U.S.       | N.  Private    |   |                             |
|   |     Territory  |                |   |                             |
|   |     or         |    Institution |   |                             |
|   |     Possession |     of Higher  |   |                             |
|   |                |     Education  |   |                             |
|   | F              |                |   |                             |
|   | .  Independent | O.  Individual |   |                             |
|   |     School     |                |   |                             |
|   |     District   | P.  For-Profit |   |                             |
|   |                |                |   |                             |
|   | G.             |   Organization |   |                             |
|   |   Public/State |     (Other     |   |                             |
|   |     Controlled |     than Small |   |                             |
|   |                |     Business)  |   |                             |
|   |    Institution |                |   |                             |
|   |     of Higher  | Q.  Small      |   |                             |
|   |     Education  |     Business   |   |                             |
|   |                |                |   |                             |
|   | H.             | R.  Hi         |   |                             |
|   |  Indian/Native | spanic-serving |   |                             |
|   |     American   |                |   |                             |
|   |     Tribal     |    Institution |   |                             |
|   |     Government |                |   |                             |
|   |     (Federally | S.             |   |                             |
|   |                |   Historically |   |                             |
|   |    Recognized) |     Black      |   |                             |
|   |                |     Colleges   |   |                             |
|   | I.             |     and        |   |                             |
|   |  Indian/Native |                |   |                             |
|   |     American   |   Universities |   |                             |
|   |     Tribal     |     (HBCUs)    |   |                             |
|   |     Government |                |   |                             |
|   |     (Other     | T.  Tribally   |   |                             |
|   |     than       |     Controlled |   |                             |
|   |     Federally  |     Colleges   |   |                             |
|   |                |     and        |   |                             |
|   |    Recognized) |                |   |                             |
|   |                |   Universities |   |                             |
|   | J.             |     (TCCUs)    |   |                             |
|   |  Indian/Native |                |   |                             |
|   |     American   | U.  Alaska     |   |                             |
|   |     Tribally   |     Native and |   |                             |
|   |     Designated |     Native     |   |                             |
|   |                |     Hawaiian   |   |                             |
|   |   Organization |     Serving    |   |                             |
|   |                |                |   |                             |
|   | K.             |   Institutions |   |                             |
|   |  Public/Indian |                |   |                             |
|   |     Housing    | V.             |   |                             |
|   |     Authority  |   Non-domestic |   |                             |
|   |                |     (non-US)   |   |                             |
|   |                |     Entity     |   |                             |
|   |                |                |   |                             |
|   |                | W.  Other      |   |                             |
|   |                |     (specify)  |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+
|   |                |                |   |                             |
+---+----------------+----------------+---+-----------------------------+

# 

# INSTRUCTIONS FOR

**DEPARTMENT OF EDUCATION SUPPLEMENTAL INFORMATION FOR SF 424**

1.  **Project Director.** Name, address, telephone and fax numbers, and
    e-mail address of the person to be contacted on matters involving
    this application.

**2. Novice Applicant.** Check **"Yes"** or "**No**" only if assistance
is being requested under a program that gives special consideration to
novice applicants. Otherwise, **leave blank.**

Check "**Yes"** if you meet the requirements for novice applicants
specified in the regulations in 34 CFR 75.225 and included on the
attached page entitled "Definitions for Department of Education
Supplemental Information for SF 424." By checking "Yes" the applicant
certifies that it meets these novice applicant requirements. Check
"**No**" if you do not meet the requirements for novice applicants**.**

**3. Human Subjects Research.** (See I. A. "Definitions" in attached
page entitled "Definitions for Department of Education Supplemental
Information For SF 424.")

**If Not Human Subjects Research.** Check "**No**" if research
activities involving human subjects are not planned at any time during
the proposed project period. The remaining parts of Item 3 are then not
applicable.

**If Human Subjects Research.** Check "**Yes**" if research activities
involving human subjects are planned at any time during the proposed
project period, either at the applicant organization or at any other
performance site or collaborating institution. Check "**Yes**" even if
the research is exempt from the regulations for the protection of human
subjects. (See I. B. "Exemptions" in attached page entitled "Definitions
for Department of Education Supplemental Information For SF 424.")

**3a. If Human Subjects Research is Exempt from the Human Subjects
Regulations.** Check "**Yes**" if all the research activities proposed
are designated to be exempt from the regulations. Insert the exemption
number(s) corresponding to one or more of the six exemption categories
listed in I. B. "Exemptions." In addition, follow the instructions in
II. A. "Exempt Research Narrative" in the attached page entitled
"Definitions for Department of Education Supplemental Information For SF
424."

**3a. If Human Subjects Research is Not Exempt from Human Subjects
Regulations.** Check "**No**" if some or all of the planned research
activities are covered (not exempt). In addition, follow the
instructions in II. B. "Nonexempt Research Narrative" in the page
entitled "Definitions for Department of Education Supplemental
Information For SF 424

**3a. Human Subjects Assurance Number.** If the applicant has an
approved Federal Wide (FWA) on file with the Office for Human Research
Protections (OHRP), U.S. Department of Health and Human Services, that
covers the specific activity, insert the number in the space provided.
If the applicant does not have an approved assurance on file with OHRP,
enter "None." In this case, the applicant, by signature on the SF-424,
is declaring that it will comply with 34 CFR 97 and proceed to obtain
the human subjects assurance upon request by the designated ED official.
If the application is recommended/selected for funding, the designated
ED official will request that the applicant obtain the assurance within
30 days after the specific formal request.

**Note about Institutional Review Board Approval.** ED does not require
certification of Institutional Review Board approval with the
application. However, if an application that involves non-exempt human
subjects research is recommended/selected for funding, the designated ED
official will request that the applicant obtain and send the
certification to ED within 30 days after the formal request.

**DEFINITIONS FOR**

# DEPARTMENT OF EDUCATION SUPPLEMENTAL INFORMATION FOR SF 424

# (Attachment to Instructions for Supplemental Information for SF 424)

**Definitions:**

**Novice Applicant (See 34 CFR 75.225**). For discretionary grant
programs under which the Secretary gives special consideration to novice
applications, a novice applicant means any applicant for a grant from ED
that---

-   Has never received a grant or subgrant under the program from which
    it seeks funding;

-   Has never been a member of a group application, submitted in
    accordance with 34 CFR 75.127-75.129, that received a grant under
    the program from which it seeks funding; and

-   Has not had an active discretionary grant from the Federal
    government in the five years before the deadline date for
    applications under the program. For the purposes of this
    requirement, a grant is active until the end of the grant's project
    or funding period, including any extensions of those periods that
    extend the grantee's authority to obligate funds.

In the case of a group application submitted in accordance with 34 CFR
75.127-75.129, a group includes only parties that meet the requirements
listed above.

#### PROTECTION OF HUMAN SUBJECTS IN RESEARCH

**I. Definitions and Exemptions**

**A. Definitions.**

A research activity involves human subjects if the activity is research,
as defined in the Department's regulations, and the research activity
will involve use of human subjects, as defined in the regulations.

---**Research**

The ED Regulations for the Protection of Human Subjects, Title 34, Code
of Federal Regulations, Part 97, define research as "a systematic
investigation, including research development, testing and evaluation,
designed to develop or contribute to generalizable knowledge." *If an
activity follows a deliberate plan whose purpose is to develop or
contribute to generalizable knowledge it is research.* Activities which
meet this definition constitute research whether or not they are
conducted or supported under a program that is considered research for
other purposes. For example, some demonstration and service programs may
include research activities.

**---Human Subject**

The regulations define human subject as "a living individual about whom
an investigator (whether professional or student) conducting research
obtains (1) data through intervention or interaction with the
individual, or (2) identifiable private information." *(1) If an
activity involves obtaining information about a living person by
manipulating that person or that person's environment, as might occur
when a new instructional technique is tested, or by communicating or
interacting with the individual, as occurs with surveys and interviews,
the definition of human subject is met. (2) If an activity involves
obtaining private information about a living person in such a way that
the information can be linked to that individual (the identity of the
subject is or may be readily determined by the investigator or
associated with the information), the definition of human subject is
met.* \[Private information includes information about behavior that
occurs in a context in which an individual can reasonably expect that no
observation or recording is taking place, and information which has been
provided for specific purposes by an individual and which the individual
can reasonably expect will not be made public (for example, a school
health record).\]

**B. Exemptions.**

Research activities in which the **[only]{.underline}** involvement of
human subjects will be in one or more of the following six categories of
***exemptions*** are not covered by the regulations:

\(1\) Research conducted in established or commonly accepted educational
settings, involving normal educational practices, such as (a) research
on regular and special education instructional strategies, or (b)
research on the effectiveness of or the comparison among instructional
techniques, curricula, or classroom management methods.

\(2\) Research involving the use of educational tests (cognitive,
diagnostic, aptitude, achievement), survey procedures, interview
procedures or observation of public behavior, unless: (a) information
obtained is recorded in such a manner that human subjects can be
identified, directly or through identifiers linked to the subjects; and
(b) any disclosure of the human subjects' responses outside the research
could reasonably place the subjects at risk of criminal or civil
liability or be damaging to the subjects' financial standing,
employability, or reputation. ***If the subjects are children, exemption
2 applies only to research involving educational tests and observations
of public behavior when the investigator(s) do not participate in the
activities being observed. Exemption 2 does not apply if children are
surveyed or interviewed or if the research involves observation of
public behavior and the investigator(s) participate in the activities
being observed.*** \[Children are defined as persons who have not
attained the legal age for consent to treatments or procedures involved
in the research, under the applicable law or jurisdiction in which the
research will be conducted.\]

\(3\) Research involving the use of educational tests (cognitive,
diagnostic, aptitude, achievement), survey procedures, interview
procedures or observation of public behavior that is not exempt under
section (2) above, if the human subjects are elected or appointed public
officials or candidates for public office; or federal statute(s)
require(s) without exception that the confidentiality of the personally
identifiable information will be maintained throughout the research and
thereafter.

\(4\) Research involving the collection or study of existing data,
documents, records, pathological specimens, or diagnostic specimens, if
these sources are publicly available or if the information is recorded
by the investigator in a manner that subjects cannot be identified,
directly or through identifiers linked to the subjects.

\(5\) Research and demonstration projects which are conducted by or
subject to the approval of department or agency heads, and which are
designed to study, evaluate, or otherwise examine: (a) public benefit or
service programs; (b) procedures for obtaining benefits or services
under those programs; (c) possible changes in or alternatives to those
programs or procedures; or (d) possible changes in methods or levels of
payment for benefits or services under those programs.

\(6\) Taste and food quality evaluation and consumer acceptance studies,
(a) if wholesome foods without additives are consumed or (b) if a food
is consumed that contains a food ingredient at or below the level and
for a use found to be safe, or agricultural chemical or environmental
contaminant at or below the level found to be safe, by the Food and Drug
Administration or approved by the Environmental Protection Agency or the
Food Safety and Inspection Service of the U.S. Department of
Agriculture.

**II. Instructions for Exempt and Nonexempt Human Subjects Research
Narratives**

If the applicant marked "Yes" for Item 3 of Department of Education
Supplemental Information for SF 424, the applicant must provide a human
subjects "exempt research" or "nonexempt research" narrative. Insert the
narrative(s) in the space provided. If you have multiple projects and
need to provide more than one narrative, be sure to label each set of
responses as to the project they address.

**A. Exempt Research Narrative.**

If you marked "Yes" for item 3 a. and designated exemption numbers(s),
provide the "exempt research" narrative. The narrative must contain
sufficient information about the involvement of human subjects in the
proposed research to allow a determination by ED that the designated
exemption(s) are appropriate. The narrative must be succinct.

**B. Nonexempt Research Narrative.**

If you marked "No" for item 3 a. you must provide the "nonexempt
research" narrative. The narrative must address the following seven
points. Although no specific page limitation applies to this section of
the application, be succinct.

\(1\) **Human Subjects Involvement and Characteristics**: Provide a
detailed description of the proposed involvement of human subjects.
Describe the characteristics of the subject population, including their
anticipated number, age range, and health status. Identify the criteria
for inclusion or exclusion of any subpopulation. Explain the rationale
for the involvement of special classes of subjects, such as children,
children with disabilities, adults with disabilities, persons with
mental disabilities, pregnant women, prisoners, institutionalized
individuals, or others who are likely to be vulnerable

\(2\) **Sources of Materials**: Identify the sources of research
material obtained from individually identifiable living human subjects
in the form of specimens, records, or data. Indicate whether the
material or data will be obtained specifically for research purposes or
whether use will be made of existing specimens, records, or data.

\(3\) **Recruitment and Informed Consent**: Describe plans for the
recruitment of subjects and the consent procedures to be followed.
Include the circumstances under which consent will be sought and
obtained, who will seek it, the nature of the information to be provided
to prospective subjects, and the method of documenting consent. State if
the Institutional Review Board (IRB) has authorized a modification or
waiver of the elements of consent or the requirement for documentation
of consent.

\(4\) **Potential Risks**: Describe potential risks (physical,
psychological, social, legal, or other) and assess their likelihood and
seriousness. Where appropriate, describe alternative treatments and
procedures that might be advantageous to the subjects.

\(5\) **Protection Against Risk**: Describe the procedures for
protecting against or minimizing potential risks, including risks to
confidentiality, and assess their likely effectiveness. Where
appropriate, discuss provisions for ensuring necessary medical or
professional intervention in the event of adverse effects to the
subjects. Also, where appropriate, describe the provisions for
monitoring the data collected to ensure the safety of the subjects.

\(6\) **Importance of the Knowledge to be Gained**: Discuss the
importance of the knowledge gained or to be gained as a result of the
proposed research. Discuss why the risks to subjects are reasonable in
relation to the anticipated benefits to subjects and in relation to the
importance of the knowledge that may reasonably be expected to result.

\(7\) **Collaborating Site(s)**: If research involving human subjects
will take place at collaborating site(s) or other performance site(s),
name the sites and briefly describe their involvement or role in the
research.

***Copies of the Department of Education's Regulations for the
Protection of Human Subjects, 34 CFR Part 97 and other pertinent
materials on the protection of human subjects in research are available
from the Grants Policy and Oversight Staff, Office of the Chief
Financial Officer, U.S. Department of Education, Washington, D.C.
20202-4250, telephone: (202) 245-6120, and on the U.S. Department of
Education's Protection of Human Subjects in Research Web Site:
http://www.ed.gov/about/offices/list/OCFO/humansub.html***

NOTE: The **State Applicant Identifier** on the SF 424 is for State Use
only. Please complete it on the OMB Standard 424 in the upper right
corner of the form (if applicable).

**[BUDGET INFORMATION]{.underline}**

**Instructions for ED 524**

[General Instructions]{.underline}

This form is used to apply to individual U.S. Department of Education
(ED) discretionary grant programs. Unless directed otherwise, provide
the same budget information for each year of the multi-year funding
request. Pay attention to applicable program specific instructions, if
attached. Please consult with your Business Office prior to submitting
this form.

[Section A - Budget Summary : U.S. Department of Education
Funds]{.underline}

All applicants must complete Section A and provide a breakdown by the
applicable budget categories shown in lines 1-11.

Lines 1-11, columns (a)-(e): For each project year for which funding is
requested, show the total amount requested for each applicable budget
category.

Lines 1-11, column (f): Show the multi-year total for each budget
category. If funding is requested for only one project year, leave this
column blank.

Line 12, columns (a)-(e): Show the total budget request for each project
year for which funding is requested.

Line 12, column (f): Show the total amount requested for all project
years. If funding is requested for only one year, leave this space
blank.

Indirect Cost Information:

If you are requesting reimbursement for indirect costs on line 10, this
information is to be completed by your Business Office. (1): Indicate
whether or not your organization has an Indirect Cost Rate Agreement
that was approved by the Federal government. (2): If you checked "yes"
in (1), indicate in (2) the beginning and ending dates covered by the
Indirect Cost Rate Agreement. In addition, indicate whether ED or
another Federal agency (Other) issued the approved agreement. If you
check "Other," specify the name of the Federal agency that issued the
approved agreement. (3): If you are applying for a grant under a
Restricted Rate Program (34 CFR 75.563 or 76.563), indicate whether you
are using a restricted indirect cost rate that is included on your
approved Indirect Cost Rate Agreement or whether you are using a
restricted indirect cost rate that complies with 34 CFR 76.564(c)(2).
Note: State or Local government agencies may not use the provision for a
restricted indirect cost rate specified in 34 CFR 76.564(c)(2). Check
only one response. Leave blank, if this item is not applicable.

If an applicant selected for funding under this program has not already
established a current ICR with its cognizant agency as a result of
current or previous funding, ED will require it to do so within 90 days
after the date the grant was issued by ED. Applicants should be aware
that ED is very often not the cognizant agency for its own grantees.
Rather, ED accepts, for the purpose of funding its awards, the current
ICR established by the appropriate cognizant agency.

An applicant that has not previously established an indirect cost rate
with the Federal government or a State agency under a Federal program
and that is selected for funding will not be allowed to charge its grant
for indirect costs until it has negotiated a current indirect cost rate
agreement with its cognizant agency.

Applicants are encouraged to use their accountant (or CPA) to calculate
an indirect cost rate using information in the IRS Form 990, audited
financial statements, actual cost data or a cost policy statement that
such applicants are urged to prepare (but NOT submit to ED) during the
application process.

Applicants should use this proposed rate in their application materials
and indicate which of the above methods was used to calculate the rate.
Guidance for creating a cost policy statement can be obtained by sending
an e-mail to katrina.mcdonald@ed.gov.

[Section B - Budget Summary: Non-Federal Funds]{.underline}

If you are required to provide or volunteer to provide matching funds or
other non-Federal resources to the project, these should be shown for
each applicable budget category on lines 1‑11 of Section B.

Lines 1-11, columns (a)-(e): For each project year, for which matching
funds or other contributions are provided, show the total contribution
for each applicable budget category.

Lines 1-11, column (f): Show the multi-year total for each budget
category. If non-Federal contributions are provided for only one year,
leave this column blank.

Line 12, columns (a)-(e): Show the total matching or other contribution
for each project year.

Line 12, column (f): Show the total amount to be contributed for all
years of the multi-year project. If non-Federal contributions are
provided for only one year, leave this space blank.

[Section C - Budget Narrative \[Attach separate sheet(s)\]]{.underline}

[Pay attention to applicable program specific instructions, if
attached.]{.underline}

1)  Provide an itemized budget breakdown, and justification by project
    year, for each budget category listed in Sections A and B. For grant
    projects that will be divided into two or more separately budgeted
    major activities or sub-projects, show for each budget category of a
    project year the breakdown of the specific expenses attributable to
    each sub-project or activity.

2)  If applicable to this program, provide the rate and base on which
    fringe benefits are calculated.

3)  If you address the invitational priority for rigorous evaluation, be
    sure to clearly identify those costs that are specifically allocable
    to the implementation of that evaluation.

4)  Additionally, in providing explanations and comments, applicants
    should identify planning costs, which are subject to limitations
    under §280.41(a). Specifically, planning costs are limited to 50% of
    the amount awarded for the first year of the project; 15% for the
    second year of the project; and 15% for the third year of the
    project. Planning costs would include, for example, any cost
    incurred in the first year of a project for a magnet school that
    would not begin to implement its program until the second year of
    the project. Applicants are reminded that evaluation costs and
    professional development costs are [not]{.underline} considered to
    be planning costs.

5)  If you are requesting reimbursement for indirect costs on line 10,
    this information is to be completed by your Business Office. Specify
    the estimated amount of the base to which the indirect cost rate is
    applied and the total indirect expense. Depending on the grant
    program to which you are applying and/or your approved Indirect Cost
    Rate Agreement, some direct cost budget categories in your grant
    application budget may not be included in the base and multiplied by
    your indirect cost rate. For example, you must multiply the indirect
    cost rates of "Training grants\" (34 CFR 75.562) and grants under
    programs with "Supplement not Supplant" requirements (\"Restricted
    Rate\" programs) by a "modified total direct cost" (MTDC) base (34
    CFR 75.563 or 76.563). Please indicate which costs are included and
    which costs are excluded from the base to which the indirect cost
    rate is applied.

6)  You may also contact (202) 377-3838 for additional information
    regarding calculating indirect cost rates or general indirect cost
    rate information.

7)  Provide other explanations or comments you deem necessary.

**INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING
ACTIVITIES**

This disclosure form shall be completed by the reporting entity, whether
subawardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a material change to a previous filing,
pursuant to title 31 U.S.C. section 1352. The filing of a form is
required for each payment or agreement to make payment to any lobbying
entity for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial
filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional
information.

1\. Identify the type of covered Federal action for which lobbying
activity is and/or has been secured to influence the outcome of a
covered Federal action.

2\. Identify the status of the covered Federal action.

3\. Identify the appropriate classification of this report. If this is a
follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by this
reporting entity for this covered Federal action.

4\. Enter the full name, address, city, State and zip code of the
reporting entity. Include Congressional District, if known. Check the
appropriate classification of the reporting entity that designates if it
is, or expects to be, a prime or subaward recipient. Identify the tier
of the subawardee, e.g., the first subawardee of the prime is the 1st
tier. Subawards include but are not limited to subcontracts, subgrants
and contract awards under grants.

5\. If the organization filing the report in item 4 checks "Subawardee,"
then enter the full name, address, city, State and zip code of the prime
Federal recipient. Include Congressional District, if known.

6\. Enter the name of the federal agency making the award or loan
commitment. Include at least one organizational level below agency name,
if known. For example, Department of Transportation, United States Coast
Guard.

7\. Enter the Federal program name or description for the covered
Federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.

8\. Enter the most appropriate Federal identifying number available for
the Federal action identified in item 1 (e.g., Request for Proposal
(RFP) number; Invitations for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the
application/proposal control number assigned by the Federal agency).
Included prefixes, e.g., "RFP-DE-90-001."

9\. For a covered Federal action where there has been an award or loan
commitment by the Federal agency, enter the Federal amount of the
award/loan commitment for the prime entity identified in item 4 or 5.

10\. (a) Enter the full name, address, city, State and zip code of the
lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by
the reporting entity identified in item 4 to influence the covered
Federal action.

> \(b\) Enter the full names of the individual(s) performing services,
> and include full address if different from 10(a). Enter Last Name,
> First Name, and Middle Initial (MI).

11\. The certifying official shall sign and date the form, print his/her
name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are
required to respond to a collection of information unless it displays a
valid OMB control Number. The valid OMB control number for this
information collection is OMB No. 0348-0046. Public reporting burden for
this collection of information is estimated to average 10 minutes per
response, including time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding the
burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of
Management and Budget, Paperwork Reduction Project (0348-0046),
Washington, DC 20503

**ALL APPLICANTS [MUST]{.underline} INCLUDE INFORMATION IN THEIR
APPLICATIONS TO ADDRESS THIS PROVISION IN ORDER TO RECEIVE FUNDING UNDER
THIS PROGRAM.**

Section 427 requires each applicant to include in its application a
description of the steps the applicant proposes to take to ensure
equitable access to, and participation in, its federally-assisted
program for students, teachers, and other program beneficiaries with
special needs.

This section allows applicants discretion in developing the required
description. The statute highlights six barriers that can impede
equitable access or participation that you may address: *gender, race,
national origin, color, disability, or age.*

A general statement of an applicant's nondiscriminatory hiring policy in
not sufficient to meet this requirement. Applicants must identify
potential barriers and explain steps they will take to overcome these .

\*Note: [Applicants are required to address this provision by attaching
a statement to the GEPA "Notice to All Applicants" form that is included
in the application package that must be downloaded in
Grants.gov.]{.underline}

## NOTICE TO ALL APPLICANTS

The purpose of this enclosure is to inform you about a new provision in
the Department of Education\'s General Education Provisions Act (GEPA)
that applies to applicants for new grant awards under Department
programs. This provision is Section 427 of GEPA, enacted as part of the
Improving America\'s Schools Act of 1994 (Public Law (P.L.) 103-382).

**To Whom Does This Provision Apply?**

Section 427 of GEPA affects applicants for new grant awards under this
program.

**ALL APPLICANTS FOR NEW AWARDS MUST INCLUDE INFORMATION IN THEIR
APPLICATIONS TO ADDRESS THIS NEW PROVISION IN ORDER TO RECEIVE FUNDING
UNDER THIS PROGRAM.**

(If this program is a State-formula grant program, a State needs to
provide this description only for projects or activities that it carries
out with funds reserved for State-level uses. In addition, local school
districts or other eligible applicants that apply to the State for
funding need to provide this description in their applications to the
State for funding. The State would be responsible for ensuring that the
school district or other local entity has submitted a sufficient section
427 statement as described below.)

**What Does This Provision Require?**

Section 427 requires each applicant for funds (other than an individual
person) to include in its application a description of the steps the
applicant proposes to take to ensure equitable access to, and
participation in, its Federally-assisted program for students, teachers,
and other program beneficiaries with special needs. This provision
allows applicants discretion in developing the required description. The
statute highlights six types of barriers that can impede equitable
access or participation: gender, race, national origin, color,
disability, or age. Based on local circumstances, you should determine
whether these or other barriers may prevent your students, teachers,
etc. from such access or participation in, the Federally-funded project
or activity. The description in your application of steps to be taken to
overcome these barriers need not be lengthy; you may provide a clear and
succinct description of how you plan to address those barriers that are
applicable to your circumstances. In addition, the information may be
provided in a single narrative, or, if appropriate, may be discussed in
connection with related topics in the application.

Section 427 is not intended to duplicate the requirements of civil
rights statutes, but rather to ensure that, in designing their projects,
applicants for Federal funds address equity concerns that may affect the

ability of certain potential beneficiaries to fully participate in the
project and to achieve to high standards. Consistent with program
requirements and its approved application, an applicant may use the
Federal funds awarded to it to eliminate barriers it identifies.

What are Examples of How an Applicant Might Satisfy the Requirement of
This Provision?

The following examples may help illustrate how an applicant may comply
with Section 427.

\(1\) An applicant that proposes to carry out an adult literacy project
serving, among others, adults with limited English proficiency, might
describe in its application how it intends to distribute a brochure
about the proposed project to such potential participants in their
native language.

> \(2\) An applicant that proposes to develop instructional materials
> for classroom use might describe how it will make the materials
> available on audio tape or in braille for students who are blind.

\(3\) An applicant that proposes to carry out a model science program
for secondary students and is concerned that girls may be less likely
than boys to enroll in the course, might indicate how it intends to
conduct \"outreach\" efforts to girls, to encourage their enrollment.

We recognize that many applicants may already be implementing effective
steps to ensure equity of access and participation in their grant
programs, and we appreciate your cooperation in responding to the
requirements of this provision.

OMB Control No. 1890-0007 (Exp. 09/30/2007)

+-----------------------------------------------------------------------+
| **Estimated Burden Statement for GEPA Requirements**                  |
|                                                                       |
| According to the Paperwork Reduction Act of 1995, no persons are      |
| required to respond to a collection of information unless such        |
| collection displays a valid OMB control number. The valid OMB control |
| number for this information collection is **1890-0007.** The time     |
| required to complete this information collection is estimated to      |
| average 1.5 hours per response, including the time to review          |
| instructions, search existing data resources, gather the data needed, |
| and complete and review the information collection. **If you have any |
| comments concerning the accuracy of the time estimate(s) or           |
| suggestions for improving this form, please write to:** Director,     |
| Grants Policy and Oversight Staff, U.S. Department of Education, 400  |
| Maryland Avenue, SW (Room 3652, GSA Regional Office Building No. 3).  |
| Washington, DC 20202-4248.                                            |
+-----------------------------------------------------------------------+

**[Executive Order 12372 \--Intergovernmental Review]{.smallcaps}**

This program is subject to the requirements of Executive Order 12372
(Intergovernmental Review of Federal Programs) and the regulations in 34
CFR part 79.

The objective of the Executive Order is to foster an intergovernmental
partnership and to strengthen Federalism by relying on State and local
processes for State and local government coordination and review of
Federal financial assistance.

Applicants must contact the appropriate State single point of contact to
find out about, and to comply with, the State's process under Executive
Order 12372. Applicants proposing to perform activities in more than one
State should immediately contact the single point of contact for each of
those States and follow the procedures established in each State under
the Executive order.

In keeping with the Executive Order, the Office of Management and Budget
has established and maintains a list of the States participating in the
program. This list provides the names, addresses, telephone and fax
numbers of designated State single points of contact and can be accessed
at:

<http://www.whitehouse.gov/omb/grants/spoc.html>

In States that have not established a process or chosen a program for
review, State, area-wide, regional and local entities may submit
comments directly to the Department.

Any State process recommendation and other comments submitted by a State
single point of contact and any comments from State, area-wide,
regional, and local entities must be mailed or hand-delivered by the
date indicated in this notice to the following address:

> The Secretary
>
> **EO 12372**
>
> U.S. Department of Education
>
> Room 7E200
>
> 400 Maryland Avenue SW
>
> Washington, DC 20202

Proof of mailing will be determined on the same basis as applications
(see 34 CFR § 75.102). Recommendations or comments may be hand-delivered
until 4:30 p.m. (eastern time) on the date indicated in this notice.

Please note that the above address is not the same address as the one to
which the applicant submits its completed applications. Do not send
applications to the above address.