[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Notices]
[Pages 9879-9885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4416]


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DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information Magnet 
Schools Assistance Program; Notice Inviting Applications for New Awards 
for Fiscal Year (FY) 2010

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A.
    Dates:
    Applications Available: March 8, 2010.
    Deadline for Notice of Intent to Apply: April 5, 2010.
    Date of Pre-Application Meeting: March 26, 2010.
    Deadline for Transmittal of Applications: May 3, 2010.
    Deadline for Intergovernmental Review: July 2, 2010.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Magnet Schools Assistance Program (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. Through the implementation of magnet 
schools, these program resources can be used in pursuit of the 
objectives of the Elementary and Secondary Education Act (ESEA), which 
supports State and local efforts to enable all elementary and secondary 
students to achieve to high standards and holds schools, LEAs, and 
States accountable for ensuring that their students 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.
    Priorities: This competition includes four competitive preference 
priorities which are explained in the following paragraphs.
    Competitive Preference Priorities: 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, published in the Federal Register on March 
9, 2007 (72 FR 10729).
    For FY 2010, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 
40 points to an application, depending on how well the application 
meets these priorities. The maximum possible points for each priority 
are indicated in parentheses following the title 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 (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;
    (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 carry out the approved plan 
successfully.
    Priority 2--New or revised magnet school projects (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 (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 (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 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

[[Page 9880]]

    (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 
funded under the project.

    Note 1: For the purpose of 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).


    Note 2: Priority 4 provides for an applicant to earn up to 10 
priority points. To earn a maximum of 10 points an applicant must 
meet both paragraph (1)(a) and (1)(b) and paragraph (2) of the 
priority. An applicant proposing only to use the approach in 
paragraph 1(a) in one or more schools in the district and that meets 
paragraph (2) would earn up to 5 points. Similarly, an applicant 
proposing only to use the approach in paragraph 1(b) in one or more 
other schools in the district and that meets paragraph (2) would 
earn up to 5 additional points. Applicants proposing to use one or 
both approaches must also meet paragraph (2) in order to receive 
points under this priority.

    Background for Priority 4: Paragraph 1(a) supports eligible 
applicants that propose to convert one or more schools identified for 
improvement, corrective action, or restructuring under Title I into 
magnet schools. Paragraph 1(b) supports eligible applicants that would 
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. Under paragraph 1(b), 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 applicant 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.
    Program Authority: 20 U.S.C. 7231-7231j.
    Applicable Regulations: (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 as amended by the interim final regulations published 
elsewhere in this issue of the Federal Register. (c) The notice of 
final priority for the MSAP, published in the Federal Register on March 
9, 2007 (72 FR 10729).

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $100,000,000.
    Estimated Range of Awards: $350,000-$4,000,000 per year.
    Estimated Average Size of Awards: $2,500,000 per year.
    Maximum Award: We will not fund any application at an amount 
exceeding the maximum amount of $4,000,000 per year 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 budget requests for any 
12-month budget period that exceed this amount, 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: 40.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: LEAs or consortia of LEAs.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Other: Applicants must submit with their applications one of the 
following types of desegregation plans to establish eligibility to 
receive MSAP assistance: (a) A desegregation plan required by a court 
order; (b) a desegregation plan required by a State agency or an 
official of competent jurisdiction; (c) a desegregation plan required 
by the Office for Civil Rights (OCR), United States Department of 
Education (Department), under Title VI of the Civil Rights Act of 1964 
(Title VI plan); or (d) a voluntary desegregation plan adopted by the 
applicant and submitted to us for approval as part of the application. 
Under the MSAP regulations, applicants are required to provide all of 
the information required in 34 CFR 280.20(a) through (g), as amended by 
the interim final regulations published elsewhere in this issue of the 
Federal Register, 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 desegregation plans described in the application package, an 
application must include--
    Signed civil rights assurances (included in the application 
package);
    A copy of the applicant's desegregation plan; and
    An assurance that the desegregation plan is being implemented or 
will be implemented if the application is funded.

Required Desegregation Plans

    1. Desegregation plans required by a court order. An applicant that 
submits a desegregation 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 
desegregation 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. Desegregation plans required by a State agency or official of 
competent jurisdiction. An applicant submitting a desegregation plan 
ordered by a State agency or official of competent jurisdiction must 
provide documentation that shows that the desegregation plan was 
ordered based upon a determination that State law was violated. In the 
absence of this documentation, the applicant should consider its 
desegregation plan to be a voluntary plan and submit the data and 
information necessary for voluntary plans.
    3. Title VI required desegregation plans. An applicant that submits 
a desegregation plan required by OCR under Title VI must submit a 
complete copy of the desegregation plan demonstrating that magnet 
schools are part of the approved plan.
    4. Modifications to required desegregation 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 desegregation

[[Page 9881]]

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 desegregation 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 desegregation 
plans to the Department by June 2, 2010. Proof of plan modifications 
should be mailed to the person and address identified under FOR FURTHER 
INFORMATION CONTACT in section VII of this notice.

Voluntary Desegregation Plans

    A voluntary desegregation plan must be approved by ED each time an 
application is submitted for funding. Even if ED has approved a 
voluntary desegregation 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 desegregation 
plans (specific requirements are detailed in the application package) 
are critical to our determination of an applicant's eligibility under a 
voluntary desegregation plan.
    The purposes of the MSAP include the reduction, elimination, or 
prevention of minority group isolation. All voluntary desegregation 
plans proposed in an LEA's application must be adequate under Title VI.

IV. Application and Submission Information

    1. Address To Request Application Package: You can obtain an 
application package via the Internet, from the Education Publications 
Center (ED Pubs), or from the program office.
    To obtain a copy via the Internet, use the following address: 
http://www.ed.gov/fund/grant/apply/grantapps/index.html.
    To obtain a copy from ED Pubs, write, fax, or call the following: 
U.S. Department of Education--ED Pubs--NTIS, P.O. Box 22207, 
Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 
605-6791. If you use a telecommunications device for the deaf (TDD), 
call, toll free: 1-877-576-7734.
    You can contact ED Pubs at its Web site, also: http://www.ed.gov/pubs/edpubs.html or at its e-mail address: <a href="/cdn-cgi/l/email-protection#e3868793968190a38a8d8697cd8687cd848c95"><span class="__cf_email__" data-cfemail="bbdedfcbced9c8fbd2d5decf95dedf95dcd4cd">[email protected]</span></a>.
    If you request an application from ED Pubs, be sure to identify 
this program as follows: CFDA number 84.165A.
    To obtain a copy from the program office, contact: Rosie Kelley, 
U.S. Department of Education, 400 Maryland Avenue, SW., Room 4W221, 
Washington, DC 20202-6450. Telephone: (202) 260-1108 or by e-mail: 
<a href="/cdn-cgi/l/email-protection#b8fee18988f5ebf9e8fbf7f5e8f8dddc96dfd7ce"><span class="__cf_email__" data-cfemail="32746b03027f617362717d7f627257561c555d44">[email protected]</span></a>. If you use a TDD, call the Federal Relay Service 
(FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., Braille, large print, audiotape, 
or computer diskette) by contacting the person listed in this section.
    2. Content and Form of Application Submission: 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 
<a href="/cdn-cgi/l/email-protection#16504f27265b45574655595b4656737238717960"><span class="__cf_email__" data-cfemail="7e38274f4e332d3f2e3d31332e3e1b1a50191108">[email protected]</span></a>. Applicants that do not provide this e-mail 
notification may still apply for funding.
    Page Limit: The application narrative is where you, the applicant, 
address the selection criteria and two of the competitive preference 
priorities that reviewers use to evaluate your application. The two 
competitive preference priorities that must be addressed in the 
application narrative are Competitive Preference Priority 1--Need for 
Assistance; and Competitive Preference Priority 4--Expanding Capacity 
to Provide Choice. You must limit the application narrative to the 
equivalent of no more than 100 pages, using the following standards:
    <bullet> A ``page'' is 8.5<gr-thn-eq> x 11<gr-thn-eq>, on one side 
only, with 1<gr-thn-eq> margins at the top, bottom, and both sides.
    <bullet> 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.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial. An application submitted in any other font 
(including Times Roman or Arial Narrow) will be not accepted.
    The page limit does not apply to the cover sheet; the budget 
section, including the narrative budget justification; the assurances, 
certifications, the desegregation plan and related information; the 
forms used to respond to Competitive Preference Priority 2--New or 
revised magnet schools projects and Competitive Preference Priority 3--
Selection of students; or the one-page abstract, the resumes, or 
letters of support. However, the page limit does apply to all of the 
application narrative.
    Our reviewers will not read any pages of your application that--
    <bullet> Exceed the page limit; or
    <bullet> Exceed the equivalent of the page limit if you apply other 
standards.
    3. Submission Dates and Times:
    Applications Available: March 8, 2010.
    Date of Pre-Application Meeting: The Department will hold a pre-
application meeting for prospective applicants on Friday, March 26, 
2010, from 1:30 p.m. to 3:30 p.m. at the U.S. Department of Education, 
Barnard Auditorium, 400 Maryland Avenue, SW., Washington, DC. 
Interested parties are invited to participate in this meeting to 
discuss the purpose of the MSAP, competitive preference priorities, 
selection criteria, application content, submission requirements, and 
reporting requirements. Interested parties may participate in this 
meeting either by conference call or in person. This site is accessible 
by Metro on the Blue, Orange, Green, and Yellow lines at the Seventh 
Street and Maryland Avenue exit of the L'Enfant Plaza station. After 
the meeting, MSAP staff also will be available from 3:30 p.m. to 4:30 
p.m. on that same day to provide information and technical assistance 
through individual consultation.
    Individuals interested in attending this meeting are encouraged to 
pre-register by e-mailing their name, organization, and contact 
information with the subject heading PRE-APPLICATION MEETING to 
<a href="/cdn-cgi/l/email-protection#a0e6f99190edf3e1f0e3efedf0e0c5c48ec7cfd6"><span class="__cf_email__" data-cfemail="42041b73720f110312010d0f120227266c252d34">[email protected]</span></a>. There is no registration fee for attending this 
meeting. For further information contact Rosie Kelley, U.S. Department 
of Education, Office of Innovation and

[[Page 9882]]

Improvement, room 4W221, 400 Maryland Avenue, SW., Washington, DC 
20202. Telephone: (202) 260-0911 or by e-mail: <a href="/cdn-cgi/l/email-protection#da9c83ebea97899b8a9995978a9abfbef4bdb5ac"><span class="__cf_email__" data-cfemail="0a4c533b3a47594b5a4945475a4a6f6e246d657c">[email protected]</span></a>.

Assistance to Individuals With Disabilities at the Pre-Application 
Meeting

    The meeting site is accessible to individuals with disabilities. If 
you will need an auxiliary aid or service to participate in the meeting 
(e.g., interpreting service, assistive listening device, or materials 
in an accessible format), notify the contact person listed in this 
notice at least two weeks before the scheduled meeting date. Although 
we will attempt to meet a request we receive after that date, we may 
not be able to make available the requested auxiliary aid or service 
because of insufficient time to arrange it.
    Deadline for Transmittal of Applications: May 3, 2010.
    Applications for grants under this competition must be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site. For 
information (including dates and times) about how to submit your 
application electronically, or in paper format 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 of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: July 2, 2010.
    4. Intergovernmental Review: 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 competition.
    5. Funding Restrictions: We specify unallowable costs in 34 CFR 
280.41. We reference additional regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: 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.
    Applications for grants under the Magnet Schools Assistance 
Program--CFDA Number 84.165A must be submitted electronically using e-
Application, accessible through the Department's e-Grants Web site at: 
http://e-grants.ed.gov.
    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 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. 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.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
    <bullet> You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
competition after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
    <bullet> The hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and 6:00 a.m. 
on Thursdays, Washington, DC time. Any modifications to these hours are 
posted on the e-Grants Web site.
    <bullet> 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.
    <bullet> You must submit all documents electronically, including 
all information you typically provide on the following forms: the 
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. 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 in this paragraph or submit a password 
protected file, we will not review that material.
    <bullet> Your electronic application must comply with any page 
limit requirements described in this notice.
    <bullet> Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
    <bullet> After you electronically submit your application, you will 
receive an automatic acknowledgment that will include a PR/Award number 
(an identifying number unique to your application).
    <bullet> Within three working days after submitting your electronic 
application, fax a signed copy of the SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 424 from e-Application.
    (2) The applicant's Authorizing Representative must sign this form.
    (3) Place the PR/Award number in the upper right hand corner of the 
hard-copy signature page of the SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at 
(202) 245-6272.
    <bullet> We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of e-Application 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you to transmit your application electronically, by mail, or by 
hand delivery. We will grant this extension if--
    (1) You are a registered user of e-Application and you have 
initiated an electronic application for this competition; and
    (2) (a) E-Application is unavailable for 60 minutes or more between 
the hours of 8:30 a.m. and 3:30 p.m., Washington,

[[Page 9883]]

DC time, on the application deadline date; or
    (b) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 p.m., Washington, DC time, on the application 
deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgment of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under FOR 
FURTHER INFORMATION CONTACT (see VII. Agency Contact) or (2) the e-
Grants help desk at 1-888-336-8930. If e-Application is unavailable due 
to technical problems with the system and, therefore, the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application. Extensions referred to in this 
section apply only to the unavailability of e-Application.
    Exception to Electronic Submission Requirement: 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 e-Application because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload large documents to 
e-Application; and
    <bullet> 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 
prevents 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: Rosie Kelley, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 4W221, 
Washington, DC 20202. FAX: (202) 260-1108.
    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.
    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 following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.165A), LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    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.
    (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.
    (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: 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.
    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 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: 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 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the competition under which you are 
submitting your application; and
    (2) The Application Control Center will mail to you a 
notification of receipt of your grant application. If you do not 
receive this grant notification 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

    Selection Criteria: The selection criteria for this program are 
from 34 CFR 75.210 (Quality of Project Services) and 34 CFR 280.31 
(Quality of personnel, Quality of project design, Budget and resources, 
Evaluation plan, Commitment and capacity). The quality of project 
design criterion is 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, in accordance 
with 34 CFR 75.209 and 280.30. All of the selection criteria are listed 
in this section and in the application package.
    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.
    The selection criteria are as follows:
    (a) Quality of project services. (25 points)
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers one or more of the 
following factors:
    (i) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (iii) The extent to which the services to be provided by the 
proposed project reflect up-to-date knowledge from research and 
effective practice.
    (iv) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (v) The extent to which the training or professional development 
services to be

[[Page 9884]]

provided by the proposed project are of sufficient quality, intensity, 
and duration to lead to improvements in practice among the recipients 
of those services.
    (vii) The likelihood that the services to be provided by the 
proposed project will lead to improvements in the achievement of 
students as measured against rigorous academic standards.
    (ix) The extent to which the services to be provided by the 
proposed project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services.
    (b) Quality of personnel. (15 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. (25 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) Implement high-quality activities that 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 students' reading skills or 
knowledge of mathematics, science, history, geography, English, foreign 
languages, art, or music, or to improving vocational, technological, 
and professional skills; and
    (iv) Carry out a high-quality education program that will encourage 
greater parental decision-making and involvement.
    (d) Budget and resources. (10 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. (10 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. (15 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
    (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: 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 notify you informally, also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations 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: 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 directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). For specific requirements 
on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: We have established five performance 
measures for the MSAP, four annual measures and two long-term measures:
    (a) The percentage of magnet schools whose student applicant pool 
reduces, eliminates or prevents minority group isolation.
    (b) Percentage of magnet schools whose students from major racial 
and ethnic groups meet or exceed State annual progress standards in 
reading/language arts.
    (c) Percentage of magnet schools whose students from major racial 
and ethnic groups meet or exceed State annual progress standards in 
mathematics.
    (d) The cost per Student in a Magnet School.
    (e) Percentage of magnet schools that received assistance that are 
still operating magnet school programs 3 years after Federal funding 
ends.
    (f) Percentage of magnet schools that received assistance that meet 
State standards at least 3 years after Federal funding ends.

VII. Agency Contact

    For Further Information Contact: Anna Hinton, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 4W229, Washington, DC 20202-
5970. Telephone: (202) 260-1108 or by e-mail: <a href="/cdn-cgi/l/email-protection#387e610908756b79687b777568785d5c165f574e"><span class="__cf_email__" data-cfemail="abedf29a9be6f8eafbe8e4e6fbebcecf85ccc4dd">[email protected]</span></a>. If 
you use a TDD, call the FRS, at 1-800-877-8339.

[[Page 9885]]

VIII. Other Information

    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 program contact 
person listed under FOR FURTHER INFORMATION CONTACT in section VII of 
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 on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


    Dated: February 25, 2010.
James H. Shelton III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2010-4416 Filed 3-3-10; 8:45 am]
BILLING CODE 4000-01-P


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