[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16754-16758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7125]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Charter Schools Program (CSP) Grants for Replication and 
Expansion of High-Quality 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: <a href="/cdn-cgi/l/email-protection#2f4a5d4641015f494a435b556f4a4b01484059"><span class="__cf_email__" data-cfemail="d8bdaab1b6f6a8bebdb4aca298bdbcf6bfb7ae">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#7d180f1413530d1b181109073d1819531a120b"><span class="__cf_email__" data-cfemail="187d6a717636687e7d746c62587d7c367f776e">[email protected]</span></a>.
    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 high-quality 
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-duncan-announces-twelve-grants-50-million-charter-schoo. The abstracts describing these projects are available at 
http://www2.ed.gov/programs/charter-rehqcs/index.html.

[[Page 16755]]

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 high-quality 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 well-prepared 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 high-quality 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 
high-quality 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-for-profit 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

[[Page 16756]]

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 reduced-price 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 
High-Quality 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

[[Page 16757]]

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 high-quality 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 high-quality 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

[[Page 16758]]

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 high-quality 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>