16754 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII in 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF), on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

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 via the 

Federal Digital System at: http:// 

www.gpo.gov/fdsys. 

Dated: March 22, 2011. 

Eduardo M. Ochoa, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2011–7127 Filed 3–24–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Charter Schools Program (CSP) Grants 

for Replication and Expansion of HighQuality Charter Schools 

AGENCY: Office of Innovation and 

Improvement, Department of Education. 

ACTION: Notice of proposed priorities, 

requirements, definitions, and selection 

criteria. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.282M. 

SUMMARY: The Assistant Deputy 

Secretary for Innovation and 

Improvement proposes priorities, 

requirements, definitions, and selection 

criteria under the CSP–Replication and 

Expansion of High-Quality Charter 

Schools grant competition. The 

Assistant Deputy Secretary may use 

these priorities, requirements, 

definitions, and selection criteria for 

competitions in fiscal year (FY) 2011 

and later years. The Assistant Deputy 

Secretary intends to use these priorities, 

requirements, definitions, and selection 

criteria to award grants to eligible 

applicants to enable them to replicate or 

substantially expand high-quality 

charter schools with demonstrated 

records of success, including success in 

increasing student academic 

achievement. 

DATES: We must receive your comments 

on or before April 25, 2011. 

ADDRESSES: Address all comments about 

this notice to Erin Pfeltz, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., room 4W255, 

Washington, DC 20202–5970. 

If you prefer to send your comments 

by e-mail, use the following address: 

erin.pfeltz@ed.gov. You must include 

the phrase ‘‘CSP Grants for Replication 

and Expansion of High-Quality Charter 

Schools—Comments on FY 2011 

Proposed Priorities’’ in the subject line 

of your electronic message. 

FOR FURTHER INFORMATION CONTACT: Erin 

Pfeltz. (202) 205–3525 or by e-mail: 

erin.pfeltz@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service, toll free, at 1– 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding this 

notice. To ensure that your comments 

have maximum effect in developing the 

notice of final priorities, requirements, 

definitions, and selection criteria, we 

urge you to identify clearly the specific 

proposed priority, requirement, 

definition, or selection criterion that 

each comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these proposed priorities, requirements, 

definitions, and selection criteria. Please 

let us know of any further opportunities 

we should take to reduce potential costs 

or increase potential benefits while 

preserving the effective and efficient 

administration of the program. 

During and after the comment period, 

you may inspect all public comments 

about this notice in room 4W255, 400 

Maryland Avenue, SW., Washington, 

DC, between the hours of 8:30 a.m. and 

4 p.m., Washington, DC time, Monday 

through Friday of each week except 

Federal holidays. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request, we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this notice. If you want to 

schedule an appointment for this type of 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Purpose of Program: The purpose of 

the CSP is to increase national 

understanding of the charter school 

model and to expand the number of 

high-quality charter schools available to 

students across the Nation by providing 

financial assistance for the planning, 

program design, initial implementation, 

or expansion of charter schools; and to 

evaluate the effects of charter schools, 

including their effects on students, 

student academic achievement, staff, 

and parents. 

The purpose of the CSP–Replication 

and Expansion of High-Quality Charter 

Schools grant competition (CFDA 

84.282M) is to award grants to eligible 

entities for the replication and 

expansion of successful charter school 

models. 

Program Authority: 20 U.S.C. 7221–7221j; 

Consolidated Appropriations Act, 2010, 

Division D, Title III, Public Law 111–117. 

Note: The Department anticipates that an 

authority similar to that in the Consolidated 

Appropriations Act, 2010, Division D, Title 

III, Public Law 111–117 will be included in 

the legislation that sets forth the 

Department’s fiscal year 2011 appropriations. 

Proposed Priorities 

The Assistant Deputy Secretary for 

Innovation and Improvement proposes 

the following four priorities for this 

program. We may apply one or more of 

these priorities in any year in which this 

program is in effect. 

Proposed Priority 1—Experience 

Operating or Managing High-Quality 

Charter Schools 

Background 

The Consolidated Appropriations Act, 

2010, Division D, Title III, Public Law 

111–117 called for the Department to 

make awards to eligible entities for the 

replication and expansion of 

‘‘successful’’ charter school models in 

fiscal year (FY) 2010. For FY 2011, the 

Department anticipates that its 

appropriations statute will include 

similar language. Accordingly, because 

the focus of this program is specifically 

on the replication and expansion of 

‘‘successful’’ charter school models, the 

Department believes that it is important 

that applicants have experience 

operating or managing multiple highquality charter schools. Examples of 

successful applications under this 

program for FY 2010 can be found at 

http://www.ed.gov/news/press-releases/ 

education-secretary-arne-duncanannounces-twelve-grants-50-millioncharter-schoo. The abstracts describing 

these projects are available at http:// 

www2.ed.gov/programs/charter-rehqcs/ 

index.html. 


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Proposed Priority 

This proposed priority is for projects 

that will provide for the replication or 

expansion of high-quality charter 

schools by applicants that currently 

operate or manage more than one highquality charter school (as defined in this 

notice). 

Proposed Priority 2—Low-Income 

Demographic 

Background 

Under the program statute, in 

determining the quality of applications 

from State educational agencies (SEAs) 

for CSP grants, the Secretary considers 

such factors as the contribution the 

charter school grant program will make 

to assisting educationally disadvantaged 

and other students to meet State 

academic content and State student 

academic achievement standards (20 

U.S.C. 7221c(a)(1)). To help ensure that 

grantees under this program are wellprepared to serve educationally 

disadvantaged students, we propose a 

priority for applicants that have 

experience serving individuals from 

low-income families, which we believe 

is a close proxy for educationally 

disadvantaged students and is easily 

determined at the administrative level. 

Proposed Priority 

To meet this proposed priority, an 

applicant must demonstrate that at least 

60 percent of all students in the charter 

schools it currently operates or manages 

are individuals from low-income 

families (as defined in this notice). 

Proposed Priority 3—School 

Improvement 

Background 

One of the Department’s top priorities 

is to help turn around the Nation’s 

lowest-performing public schools. The 

Department’s School Improvement 

Grants, authorized under section 

1003(g) of the Elementary and 

Secondary Education Act of 1965 

(ESEA), as amended (20 U.S.C. 6303(g)), 

provide support for charter schools as 

an important partner with local 

educational agencies (LEAs) in the 

school turnaround effort. We propose 

this priority to support this effort 

further. 

Proposed Priority 

To meet this proposed priority, an 

applicant must demonstrate that its 

proposed replication or expansion of 

one or more high-quality charter schools 

will occur in partnership with, and will 

be designed to assist, one or more LEAs 

in implementing academic or structural 

interventions to serve students 

attending schools that have been 

identified for improvement, corrective 

action, closure, or restructuring under 

section 1116 of the ESEA, and as 

described in the notice of final 

requirements for the School 

Improvement Grants, published in the 

Federal Register on October 28, 2010 

(75 FR 66363). 

Proposed Priority 4—Promoting 

Diversity 

Background 

In order to promote diversity in highquality charter schools, the Secretary 

proposes a priority for applicants that 

propose projects designed to promote 

racial diversity, or avoid racial isolation, 

and serve students with disabilities and 

English learners at a rate equal to or 

higher than the rate at which these 

students are served in public schools in 

the surrounding area. 

Proposed Priority 

This proposed priority is for 

applicants that demonstrate a record of 

(in the schools they currently operate or 

manage), as well as an intent to 

continue (in schools that they will be 

creating or substantially expanding 

under this grant), taking active measures 

to— 

(a) Promote diversity in their student 

bodies, including racial and ethnic 

diversity, or avoid racial isolation; 

(b) Serve students with disabilities at 

a rate equal to or higher than the rate at 

which these students are served in 

public schools in the surrounding area; 

and 

(c) Serve English learners at a rate 

equal to or higher than the rate at which 

these students are served in public 

schools in the surrounding area. 

In support of this priority, applicants 

must provide enrollment data as well as 

descriptions of existing policies and 

activities undertaken or planned to be 

undertaken. 

Types of Priorities 

When inviting applications for a 

competition using one or more 

priorities, we designate the type of each 

priority as absolute, competitive 

preference, or invitational through a 

notice in the Federal Register. 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 (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the 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 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 

Proposed Requirements 

Background 

Because the purpose of this grant 

program is to replicate or expand highquality charter schools, we propose to 

limit the use of funds to the replication 

or substantial expansion of an existing 

high-quality charter school that is based 

on the model or models for which the 

applicant has presented evidence of 

success. 

Proposed Requirements 

The Assistant Deputy Secretary for 

Innovation and Improvement proposes 

the following requirements for this 

program. We may apply one or more of 

these requirements in any year in which 

this program is in effect. 

(a) Eligibility: To be eligible for an 

award, an eligible applicant must meet 

the statutory requirements. The 

requirement listed below is statutory; 

we are including it here for clarity. 

Eligible applicants for this program are 

non-profit charter management 

organizations (CMOs) and other not-forprofit entities. 

Eligible applicants may also apply as 

a group or consortium. 

(b) Funding Restrictions: Grantees 

under this program must use the grant 

funds to replicate or substantially 

expand the model or models for which 

the applicant has presented evidence of 

success, through the activities described 

in section 5204(f)(3) of the ESEA 

(20 U.S.C. 7221c(f)(3)). 

Note: A grantee may use up to 20 percent 

of grant funds for initial operational costs 

associated with the expansion or 

improvement of the grantee’s oversight or 

management of its charter schools provided 

that: (i) The specific charter schools being 

created or substantially expanded under the 

grant are the intended beneficiaries of such 

expansion or improvement, and (ii) such 

expansion or improvement is intended to 

improve the grantee’s ability to manage or 

oversee the charter schools created or 

substantially expanded under the grant. 

(c) Reasonable and Necessary Costs. 

The Secretary may elect to impose a 

maximum limit on the amount of grant 

funds that may be awarded per charter 


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school replicated, per charter school 

substantially expanded, or per new 

school seat created. 

Note: Applicants must ensure that all costs 

included in the proposed budget are 

reasonable and necessary in light of the goals 

and objectives of the proposed project. Any 

costs determined by the Secretary to be 

unreasonable or unnecessary will be removed 

from the final approved budget. 

(d) Other CSP Grants. A charter 

school that receives funds under this 

competition is ineligible to receive 

funds for the same purpose under 

section 5202(c)(2) of the ESEA, 

including for planning and program 

design or the initial implementation of 

a charter school (i.e., CFDA 84.282A or 

84.282B). 

A charter school that has received 

CSP funds for replication previously, or 

that has received funds for planning or 

initial implementation of a charter 

school (i.e., CFDA 84.282A or 84.282B), 

may not use funds under this grant for 

the same purpose. However, such 

charter schools may be eligible to 

receive funds under this competition to 

substantially expand the charter school 

beyond the existing grade levels or 

student count. 

Proposed Definitions 

Background 

Several terms associated with this 

program are not defined in section 5210 

of the ESEA. Therefore, we are 

proposing the following definitions for 

these terms. 

Proposed Definitions 

The Assistant Deputy Secretary for 

Innovation and Improvement proposes 

the following definitions for these 

grants. We may apply one or more of 

these definitions in any year in which 

we award grants for the replication and 

expansion of high-quality charter 

schools. 

Charter management organization 

(CMO) is a nonprofit organization that 

operates or manages multiple charter 

schools by centralizing or sharing 

certain functions and resources among 

schools. 

Educationally disadvantaged students 

includes, but is not necessarily limited 

to, individuals from low-income 

families (as defined elsewhere in this 

notice), English learners, migratory 

children, children with disabilities, and 

neglected or delinquent children. 

High-quality charter school is a school 

that—shows evidence of strong 

academic results for the past three years 

(or over the life of the school, if the 

school has been open for fewer than 

three years), based on the following 

factors: 

(1) Increasing student academic 

achievement and attainment for all 

students, including, as applicable, 

educationally disadvantaged students 

served by the charter schools operated 

or managed by the applicant. 

(2) Either (i) Demonstrated success in 

closing historic achievement gaps for 

the subgroups of students, described in 

section 1111(b)(2)(C)(v)(II) of the ESEA 

at the charter schools operated or 

managed by the applicant, or 

(ii) No significant achievement gaps 

between any of the subgroups of 

students described in section 

1111(b)(2)(C)(v)(II) of the ESEA at the 

charter schools operated or managed by 

the applicant and significant gains in 

student academic achievement have 

been made with all populations of 

students served by the charter schools 

operated or managed by the applicant. 

(3) Achieved results (including 

performance on statewide tests, annual 

student attendance and retention rates, 

high school graduation rates, college 

attendance rates, and college persistence 

rates (where applicable and available)) 

for low-income and other educationally 

disadvantaged students served by the 

charter schools operated or managed by 

the applicant that are above the average 

academic achievement results for such 

students in the State. 

(4) Has no significant compliance 

issues (as defined in this notice), 

particularly in the areas of student 

safety and financial management. 

Individual from a low-income family 

means an individual who is determined 

by an SEA or LEA to be a child, ages 5 

through 17, from a low-income family, 

on the basis of (a) data used by the 

Secretary to determine allocations under 

section 1124 of the ESEA, (b) data on 

children eligible for free or reducedprice lunches under the Richard B. 

Russell National School Lunch Act, 

(c) data on children in families receiving 

assistance under part A of title IV of the 

Social Security Act, (d) data on children 

eligible to receive medical assistance 

under the Medicaid program under Title 

XIX of the Social Security Act, or (e) an 

alternate method that combines or 

extrapolates from the data in items 

(a) through (d) of this definition (see 20 

U.S.C. 6537(3)). 

Replicate means to open one or more 

new charter schools that are based on 

the charter school model or models for 

which the applicant has presented 

evidence of success. 

Significant compliance issue means a 

violation that did, will, or could lead to 

the revocation of a school’s charter. 

Substantially expand means to 

increase the student count of an existing 

charter school by more than 50 percent 

or to add at least two grades to an 

existing charter school over the course 

of the grant. 

Proposed Application Requirements 

Background 

In order to provide reviewers with 

sufficient information to judge 

applications based on the selection 

criteria, we propose the following 

application requirements. 

Proposed Application Requirements 

Applicants applying for CSP Grants 

for Replication and Expansion of HighQuality Charter Schools funds must 

address both the following application 

requirements, which are based on the 

statutory requirements under the 

program, and the selection criteria 

described in this notice. We may apply 

one or more of these application 

requirements in any year in which this 

program is in effect. An applicant may 

choose to respond to these application 

requirements in the context of its 

responses to the selection criteria. 

(a) Describe the objectives of the 

project for replicating or substantially 

expanding high-quality charter schools 

and the methods by which the applicant 

will determine its progress toward 

achieving those objectives. 

(b) Describe how the applicant 

currently operates or manages the 

charter schools for which it has 

presented evidence of success, and how 

the proposed new or substantially 

expanded charter schools will be 

operated or managed. Include a 

description of central office functions, 

governance, daily operations, financial 

management, human resources 

management, and instructional 

management. If applying as a group or 

consortium, describe the roles and 

responsibilities of each member of the 

group or consortium and how each 

member will contribute to this project. 

(c) Describe how the applicant will 

ensure that each proposed new or 

substantially expanded charter school 

receives its commensurate share of 

Federal education funds that are 

allocated by formula each year, 

including during the first year of 

operation of the school and any year in 

which the school’s enrollment 

substantially expands significantly. 

(d) Describe the educational program 

to be implemented in the proposed new 

or substantially expanded charter 

schools, including how the program will 

enable all students (including 

educationally disadvantaged students) 

to meet State student academic 

achievement standards, the grade levels 

or ages of students to be served, and the 


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curriculum and instructional practices 

to be used. 

(e) Describe the administrative 

relationship between the charter school 

or schools to be replicated or 

substantially expanded by the applicant 

and the authorized public chartering 

agency. 

(f) Describe how the applicant will 

provide for continued operation of the 

proposed new or substantially expanded 

charter school or schools once the 

Federal grant has expired. 

(g) Describe how parents and other 

members of the community will be 

involved in the planning, program 

design, and implementation of the 

proposed new or substantially expanded 

charter school or schools. 

(h) Include a request and justification 

for waivers of any Federal statutory or 

regulatory provisions that the applicant 

believes are necessary for the successful 

operation of the proposed new or 

substantially expanded charter schools. 

(i) Describe how the grant funds will 

be used, including how these funds will 

be used in conjunction with other 

Federal programs administered by the 

Secretary, and with any matching funds. 

(j) Describe how students in the 

community, including students with 

disabilities, English learners, and other 

educationally disadvantaged students, 

will be informed about the proposed 

new or substantially expanded charter 

schools and given an equal opportunity 

to attend such schools. 

(k) Describe how the proposed new or 

substantially expanded charter schools 

that are considered to be LEAs under 

State law, or the LEAs in which the new 

or substantially expanded charter 

schools are located, will comply with 

sections 613(a)(5) and 613(e)(1)(B) of the 

Individuals with Disabilities Education 

Act. 

(l) Provide information on any 

significant compliance issues identified 

within the past three years for each 

school managed by the applicant, 

including compliance issues in the areas 

of student safety, financial management, 

and statutory or regulatory compliance. 

(m) For each charter school currently 

operated or managed by the applicant, 

provide the following information: The 

year founded, the grades currently 

served, the number of students, the 

address, the percentage of students in 

each subgroup of students described in 

section 1111(b)(2)(C)(v)(II) of the ESEA, 

results on the State assessment for the 

past three years (if available) by 

subgroup, attendance rates, student 

attrition rates for the past three years, 

and (if the school operates a 12th grade) 

high school graduation rates and college 

attendance rates. 

(n) Provide objective data showing 

applicant quality. In particular, the 

Secretary requires the applicant provide 

the following data: 

(1) Performance (school-wide and by 

subgroup) for the past three years (if 

available) on statewide tests of all 

charter schools operated or managed by 

the applicant as compared to all 

students in other schools in the State or 

States at the same grade level, and as 

compared with other schools serving 

similar demographics of students; 

(2) Annual student attendance and 

retention rates (school-wide and by 

subgroup) for the past three years (or 

over the life of the school, if the school 

has been open for fewer than three 

years), and comparisons with other 

similar schools; and 

(3) Where applicable and available, 

high school graduation rates, college 

attendance rates, and college persistence 

rates (school-wide and by subgroup) for 

the past three years (if available) of 

students attending schools operated or 

managed by the applicant, and the 

methodology used to calculate these 

rates. When reporting data for schools in 

States that may have particularly 

demanding or low standards of 

proficiency (for example, see the report 

available at http://nces.ed.gov/ 

nationsreportcard/pdf/studies/ 

2010456.pdf), applicants are invited to 

discuss how their academic success 

might be considered against applicants 

from across the country. 

(o) Provide such other information 

and assurances as the Secretary may 

require. 

Proposed Selection Criteria 

Background 

Originally authorized in the 

Consolidated Appropriations Act, 2010 

(and expected to continue under any 

legislation that provides the 

Department’s FY 2011 appropriations), 

the CSP-Replication and Expansion of 

High-Quality Charter Schools grants are 

intended to assist eligible entities in 

replicating and substantially expanding 

their successful school models. To 

ensure that only applicants with 

successful models and a demonstrated 

capacity to open and operate highquality charter schools receive grant 

funds, we have developed criteria to 

assess the quality of applicants, as well 

as the quality of the organizations they 

operate. We believe the following 

proposed selection criteria would 

ensure that only the highest-quality 

charter schools will be created and 

substantially expanded through these 

grants, and that the CSP’s mission of 

substantially expanding the number of 

high-quality charter schools will be 

fulfilled. For this reason, we propose to 

award grants to eligible entities on the 

basis of the quality of applications 

submitted after taking into 

consideration one or more of the 

following proposed selection criteria as 

well as the requirements in the 

authorizing statute of the CSP and 

applicable Federal regulations. 

Proposed Selection Criteria 

The Assistant Deputy Secretary for 

Innovation and Improvement proposes 

the following selection criteria for 

evaluating an application under this 

program. We may apply one or more of 

these criteria, alone or in combination 

with one or more selection criteria from 

section 34 CFR 75.210, in any year in 

which we award grants for the 

replication and expansion of highquality charter schools. In the notice 

inviting applications or the application 

package, or both, we will announce the 

maximum possible points assigned to 

each criterion. 

(a) Quality of the eligible applicant. In 

determining the quality of the applicant, 

the Secretary considers the following 

factors: 

(1) The degree, including the 

consistency over the past three years, to 

which the applicant has demonstrated 

success in significantly increasing 

student academic achievement and 

attainment for all students, including, as 

applicable, educationally disadvantaged 

students served by the charter schools 

operated or managed by the applicant. 

(2) Either (i) The degree, including the 

consistency over the past three years, to 

which the applicant has demonstrated 

success in closing historic achievement 

gaps for the subgroups of students, 

described in section 1111(b)(2)(C)(v)(II) 

of the ESEA at the charter schools 

operated or managed by the applicant, 

or 

(ii) The degree, including the 

consistency over the past three years, to 

which there have not been significant 

achievement gaps between any of the 

subgroups of students described in 

section 1111(b)(2)(C)(v)(II) of the ESEA 

at the charter schools operated or 

managed by the applicant and 

significant gains in student academic 

achievement have been made with all 

populations of students served by the 

charter schools operated or managed by 

the applicant. 

(3) The degree, including the 

consistency over the past three years, to 

which the applicant has achieved 

results (including performance on 

statewide tests, annual student 

attendance and retention rates, high 

school graduation rates, college 


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attendance rates, and college persistence 

rates (where applicable and available)) 

for low-income and other educationally 

disadvantaged students served by the 

charter schools operated or managed by 

the applicant that are significantly 

above the average academic 

achievement results for such students in 

the State. 

(b) Contribution in assisting 

educationally disadvantaged students. 

The contribution the proposed project 

will make in assisting educationally 

disadvantaged students served by the 

applicant to meet or exceed State 

academic content standards and State 

student academic achievement 

standards, and to graduate college- and 

career-ready. When responding to this 

selection criterion, applicants must 

discuss the proposed locations of 

schools to be created or substantially 

expanded and the student populations 

to be served. 

(c) Quality of the project design. 

The Secretary considers the quality of 

the design of the proposed project. In 

determining the quality of the design of 

the proposed project, the Secretary 

considers the extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified, measurable, and attainable. 

Applicants proposing to open schools 

serving substantially different 

populations than those currently served 

by the model for which they have 

demonstrated evidence of success must 

address the attainability of outcomes 

given this difference. 

(d) Quality of the management plan 

and personnel. 

The Secretary considers the quality of 

the management plan and personnel to 

replicate and substantially expand highquality charter schools. In determining 

the quality of the management plan and 

personnel for the proposed project, the 

Secretary considers: 

(1) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and 

milestones for accomplishing project 

tasks. 

(2) The business plan for improving, 

sustaining, and ensuring the quality and 

performance of charter schools created 

or substantially expanded under these 

grants beyond the initial period of 

Federal funding in areas including, but 

not limited to, facilities, financial 

management, central office, student 

academic achievement, governance, 

oversight, and human resources of the 

charter schools. 

(3) A multi-year financial and 

operating model for the organization, a 

demonstrated commitment of current 

and future partners, and evidence of 

broad support from stakeholders critical 

to the project’s long-term success. 

(4) The plan for closing charter 

schools supported, overseen, or 

managed by the applicant that do not 

meet high standards of quality. 

(5) The qualifications, including 

relevant training and experience, of the 

project director, chief executive officer 

or organization leader, and key project 

personnel, especially in managing 

projects of the size and scope of the 

proposed project. 

Final Priorities, Requirements, 

Definitions, and Selection Criteria 

We will announce the final priorities, 

requirements, definitions, and selection 

criteria in a notice in the Federal 

Register. We will determine the final 

priorities, requirements, definitions, and 

selection criteria after considering 

responses to this notice and other 

information available to the Department. 

This notice does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use one or more of these proposed 

priorities, requirements, definitions, and 

selection criteria, we invite applications 

through a notice in the Federal Register. 

Executive Order 12866: This notice 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 

proposed regulatory action. 

The potential costs associated with 

this proposed regulatory action 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 proposed regulatory 

action, we have determined that the 

benefits of the proposed priorities, 

requirements, definitions, and selection 

criteria justify the costs. 

We have determined, also, that this 

proposed regulatory action does not 

unduly interfere with State, local, and 

Tribal governments in the exercise of 

their governmental functions. 

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. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

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 via the 

Federal Digital System at: http:// 

www.gpo.gov/fdsys. 

Dated: March 22, 2011. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. 2011–7125 Filed 3–24–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

DOE Response to Recommendation 

2010–1 of the Defense Nuclear 

Facilities Safety Board, Safety Analysis 

Requirements for Defining Adequate 

Protection for the Public and the 

Workers 

AGENCY: Department of Energy. 

ACTION: Notice. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board Recommendation 

2010–1, concerning Safety Analysis 

Requirements for Defining Adequate 

Protection for the Public and the 

Workers was published in the Federal 

Register on November 30, 2010 (75FR 

74022). In accordance with section 

315(b) of the Atomic Energy Act of 

1954, as amended, 42 U.S.C. 2286d(b), 

the Secretary of Energy transmitted the 

following response to the Defense 

Nuclear Facilities Safety Board on 

February 28, 2011. 

ADDRESSES: Send comments, data, 

views, or arguments concerning the 


erowe on DSK5CLS3C1PROD with NOTICES