[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Pages 10722-10729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4271]


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DEPARTMENT OF EDUCATION


Office of Innovation and Improvement; Overview Information; 
Magnet Schools Assistance Program (MSAP); Notice Inviting Applications 
for New Awards for Fiscal Year (FY) 2007

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.165A.
    Dates:
    Applications Available: March 9, 2007.
    Deadline for Notice of Intent to Apply: April 6, 2007.
    Deadline for Transmittal of Applications: April 27, 2007.
    Deadline for Intergovernmental Review: June 27, 2007.
    Eligible Applicants: Local educational agencies (LEAs) or consortia 
of LEAs.
    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.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The MSAP provides grants to eligible LEAs and 
consortia of LEAs to support magnet schools that are part of an 
approved desegregation plan. Through the implementation of magnet 
schools, these program resources can be used in pursuit of the 
objectives of the ESEA, which 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 (Title I).

[[Page 10723]]

    Priorities: This competition includes four competitive preference 
priorities and one invitational priority that 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 (NFP), published elsewhere in this issue of 
the Federal Register.
    For FY 2007 these priorities are competitive preference priorities. 
Under 34 CFR 75.105(c)(2)(i) we award up to an additional 40 points 
depending on how well the application meets these priorities. The 
maximum possible points for each priority are indicated in parentheses 
following the name of the competitive preference priority. These points 
are in addition to any points the application earns under the selection 
criteria.
    These priorities are:
    Priority 1--Need for assistance (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 successfully carry out the 
approved plan.
    Priority 2--New or revised magnet schools 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 ESEA) by--
    (a) Selecting schools identified for school improvement, corrective 
action, or restructuring under Title I as magnet schools to be funded 
under this project and improving the quality of teaching and 
instruction in these schools; or
    (b) Maximizing the opportunity for students in low-performing 
schools to attend higher-performing magnet schools funded under the 
project and thereby reduce minority group isolation in the low-
performing sending schools; and
    (2) Effectively inform parents whose children attend low-performing 
schools about choices that are available to them in the magnet schools 
to be funded under the project.

    Note: For the purpose of selecting applications under this 
priority, school improvement has the meaning given in 34 CFR 
200.32(a)(1), corrective action has the meaning given in 34 CFR 
200.33(a), and restructuring has the meaning given in 34 CFR 
200.34(a).
    Invitational Priority: For FY 2007 this priority is an 
invitational priority. Under 34 CFR 75.105(c)(1) we do not give an 
application that meets this invitational priority a competitive or 
absolute preference over other applications.

    This priority is:
    Priority 5--Experimental and Quasi-Experimental Evaluation Designs. 
This invitational priority supports projects proposing an evaluation 
plan that is based on rigorous scientifically based research methods to 
assess the effectiveness of a particular intervention. The Secretary 
intends that this priority will allow program participants and the 
Department to determine whether the project produces meaningful effects 
on student achievement or teacher performance.
    Evaluation methods using an experimental design are best for 
determining project effectiveness. Thus, when feasible, the project 
must use an experimental design under which participants--e.g., 
students, teachers, classrooms, or schools--are randomly assigned to 
participate in the project activities being evaluated or to a control 
group that does not participate in the project activities being 
evaluated.
    If random assignment is not feasible, the project may use a quasi-
experimental design with carefully matched comparison conditions. This 
alternative design attempts to approximate a randomly assigned control 
group by matching participants--e.g., students, teachers, classrooms, 
or schools--with non-participants having similar pre-program 
characteristics.
    In cases where random assignment is not possible and participation 
in the intervention is determined by a specified cutting point on a 
quantified continuum of scores, regression discontinuity designs may be 
employed.
    For projects that are focused on special populations in which 
sufficient numbers of participants are not available to support random 
assignment or matched comparison group designs, single-subject designs 
such as multiple baseline or treatment-reversal or interrupted time 
series that are capable of demonstrating causal relationships can be 
employed.
    Proposed evaluation strategies that use neither experimental 
designs with random assignment nor quasi-experimental designs using a 
matched comparison group nor regression discontinuity designs will not 
be considered responsive to the priority when sufficient numbers of 
participants are available to support these designs. Evaluation 
strategies that involve too small a number of participants to support 
group designs must be capable of demonstrating the causal effects of an 
intervention or program on those participants.
    The proposed evaluation plan must describe how the project 
evaluator will collect--before the project intervention commences and 
after it ends--valid and reliable data that measure the impact of 
participation in the program or in the comparison group.
    In determining the quality of the evaluation method, we will 
consider the extent to which the applicant presents a feasible, 
credible plan that includes the following:
    (1) The type of design to be used (that is, random assignment or 
matched comparison). If matched comparison, include in the plan a 
discussion of why random assignment is not feasible.
    (2) Outcomes to be measured.
    (3) A discussion of how the applicant plans to assign students, 
teachers, classrooms, or schools to the project and control group or 
match them for comparison with other students, teachers, classrooms, or 
schools.
    (4) A proposed evaluator, preferably independent, with the 
necessary background and technical expertise to carry out the proposed 
evaluation. An independent evaluator does not have any authority over 
the project and is not involved in its implementation.

Definitions

    As used in this invitational priority--

[[Page 10724]]

    Scientifically based research (section 9101(37) of the ESEA as 
amended, 20 U.S.C. 7801(37)):
    (A) Means research that involves the application of rigorous, 
systematic, and objective procedures to obtain reliable and valid 
knowledge relevant to education activities and programs; and
    (B) Includes research that--
    (i) Employs systematic, empirical methods that draw on observation 
or experiment;
    (ii) Involves rigorous data analyses that are adequate to test the 
stated hypotheses and justify the general conclusions drawn;
    (iii) Relies on measurements or observational methods that provide 
reliable and valid data across evaluators and observers, across 
multiple measurements and observations, and across studies by the same 
or different investigators;
    (iv) Is evaluated using experimental or quasi-experimental designs 
in which individuals, entities, programs, or activities are assigned to 
different conditions and with appropriate controls to evaluate the 
effects of the condition of interest, with a preference for random-
assignment experiments, or other designs to the extent that those 
designs contain within-condition or across-condition controls;
    (v) Ensures that experimental studies are presented in sufficient 
detail and clarity to allow for replication or, at a minimum, offer the 
opportunity to build systematically on their findings; and
    (vi) Has been accepted by a peer-reviewed journal or approved by a 
panel of independent experts through a comparably rigorous, objective, 
and scientific review.
    Random assignment or experimental design means random assignment of 
students, teachers, classrooms, or schools to participate in a project 
being evaluated (treatment group) or not participate in the project 
(control group). The effect of the project is the difference in 
outcomes between the treatment and control groups.
    Quasi experimental designs include several designs that attempt to 
approximate a random assignment design.
    Carefully matched comparison groups design means a quasi-
experimental design in which project participants are matched with non-
participants based on key characteristics that are thought to be 
related to the outcome.
    Regression discontinuity design means a quasi-experimental design 
that closely approximates an experimental design. In a regression 
discontinuity design, participants are assigned to a treatment or 
control group based on a numerical rating or score of a variable 
unrelated to the treatment such as the rating of an application for 
funding. Eligible students, teachers, classrooms, or schools above a 
certain score (``cut score'') are assigned to the treatment group and 
those below the score are assigned to the control group. In the case of 
the scores of applicants' proposals for funding, the ``cut score'' is 
established at the point where the program funds available are 
exhausted.
    Single subject design means a design that relies on the comparison 
of treatment effects on a single subject or group of single subjects. 
There is little confidence that findings based on this design would be 
the same for other members of the population.
    Treatment reversal design means a single subject design in which a 
pre-treatment or baseline outcome measurement is compared with a post-
treatment measure. Treatment would then be stopped for a period of 
time, a second baseline measure of the outcome would be taken, followed 
by a second application of the treatment or a different treatment. For 
example, this design might be used to evaluate a behavior modification 
program for disabled students with behavior disorders.
    Multiple baseline design means a single subject design to address 
concerns about the effects of normal development, timing of the 
treatment, and amount of the treatment with treatment-reversal designs 
by using a varying time schedule for introduction of the treatment and/
or treatments of different lengths or intensity.
    Interrupted time series design means a quasi-experimental design in 
which the outcome of interest is measured multiple times before and 
after the treatment for program participants only.

General

    Applicants who are planning to respond to this invitational 
priority are strongly encouraged to review the following technical 
assistance resources:
    (1) Random Assignment in Program Evaluation, Qs and As: http://www.ed.gov/rschstat/eval/resources/randomqa.pdf. This document lists 
basic questions and answers that an educator or administrator might 
have about random assignment and why it is an effective and beneficial 
tool to use in education.
    (2) How to Report the Results of Your Study: A User-Friendly Guide 
for Evaluators of Educational Programs and Practices: http://www.whatworkshelpdesk.ed.gov/guide_SRF.pdf. This guide can help 
grantees produce reports that are user-friendly and include the 
appropriate information needed to accurately and fully convey their 
findings to an audience.
    (3) Key Items to Get Right When Conducting a Randomized Control 
Trial in Education: http://www.whatworkshelpdesk.ed.gov/guide_RCT.pdf. 
This guide discusses planning a study, the random assignment process, 
measuring outcomes, and analysis.

    Program Authority: 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. (c) The amended final regulations for this program 
published elsewhere in this issue of the Federal Register. (d) The NFP 
for the MSAP, published elsewhere in this issue of the Federal 
Register.

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 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 involve cost 
sharing or matching.
    3. Other: Applicants must submit with their applications one of the 
following types of plans to establish eligibility to receive MSAP 
assistance: (a) A desegregation plan required by a court order; (b) a 
plan required by a State agency or an official of competent 
jurisdiction; (c) a plan required by the Office for Civil Rights (OCR), 
United States Department of Education (ED), under Title VI of the Civil 
Rights Act of

[[Page 10725]]

1964 (Title VI plan); or (d) a voluntary 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) in order to 
satisfy the civil rights eligibility requirements found in 34 CFR 
280.2(a)(2) and (b).
    In addition to the particular data and other items for required and 
voluntary plans described in the application package, an application 
must include--
    <bullet> Signed civil rights assurances (included in the 
application package);
    <bullet> A copy of the applicant's plan; and
    <bullet> An assurance that the plan is being implemented or will be 
implemented if the application is funded.

Required Plans

    1. Plans required by a court order. An applicant that submits a 
plan required by a court order must submit complete and signed copies 
of all court or State documents demonstrating that the magnet schools 
are a part of the approved plan. Examples of the types of documents 
that would meet this requirement include--
    <bullet> A Federal or State court order that establishes or amends 
a previous order or orders by establishing additional or different 
specific magnet schools;
    <bullet> A Federal or State court order that requires or approves 
the establishment of one or more unspecified magnet schools or that 
authorizes the inclusion of magnet schools at the discretion of the 
applicant.
    2. Plans required by a State agency or official of competent 
jurisdiction. An applicant submitting a plan ordered by a State agency 
or official of competent jurisdiction must provide documentation that 
shows that the plan was ordered based upon a determination that State 
law was violated. In the absence of this documentation, the applicant 
should consider its plan to be a voluntary plan and submit the data and 
information necessary for voluntary plans.
    3. Title VI required plans. An applicant that submits a plan 
required by OCR under Title VI must submit a complete copy of the plan 
demonstrating that magnet schools are part of the approved plan.
    4. Modifications to required plans. A previously approved 
desegregation plan that does not include the magnet school or program 
for which the applicant is now seeking assistance must be modified to 
include the magnet school component. The modification to the plan must 
be approved by the court, agency, or official that originally approved 
the plan. An applicant that wishes to modify a previously approved OCR 
Title VI plan to include different or additional magnet schools must 
submit the proposed modification for review and approval to the OCR 
regional office that approved its original plan.
    An applicant should indicate in its application if it is seeking to 
modify its previously approved plan. However, all applicants must 
submit proof of approval of all modifications to their plans to ED by 
June 1, 2007. Proof of plan modifications should be mailed to the 
person and address identified in FOR FURTHER INFORMATION CONTACT 
elsewhere in this notice.

Voluntary Plans

    A voluntary plan must be approved by ED each time an application is 
submitted for funding. Even if ED has approved a voluntary plan in an 
LEA in the past, the plan must be resubmitted for approval as part of 
the application.
    The enrollment and other information as required by the regulations 
in 34 CFR 280.20(f) and (g) for applicants with voluntary plans 
(specific requirements are detailed in the application package) are 
critical to our determination of an applicant's eligibility under a 
voluntary plan.
    The purposes of the MSAP include the reduction, elimination, or 
prevention of minority group isolation. All voluntary plans proposed in 
an LEA's application must be adequate under Title VI. The Department 
believes that LEAs submitting voluntary plans can achieve the statutory 
purposes of reducing, eliminating, or preventing minority group 
isolation using race-neutral admissions practices. The United States 
Supreme Court is expected to provide additional guidance about the use 
of race in voluntary plans in two cases prior to the award of FY 2007 
grants. The Department will examine the implications of those decisions 
on the MSAP program when making FY 2007 awards.

IV. Application and Submission Information

    1. Address to Request Application Package: Joan Scott-Ambrosio, 
U.S. Department of Education, 400 Maryland Avenue, SW., room 4W236, 
Washington, DC 20202-5970. Telephone: (202) 260-2715 or by e-mail: 
<a href="/cdn-cgi/l/email-protection#7812171916560b1b170c0c5519151a0a170b1117381d1c561f170e"><span class="__cf_email__" data-cfemail="82e8ede3ecacf1e1edf6f6afe3efe0f0edf1ebedc2e7e6ace5edf4">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) by contacting the program contact 
person listed in this section.
    2. Content and Form of Application Submission: 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#7b11141a15550818140f0f561a161909140812143b1e1f551c140d"><span class="__cf_email__" data-cfemail="4d27222c23633e2e223939602c202f3f223e24220d2829632a223b">[email protected]</span></a>.
    Applicants that fail to provide this e-mail notification may still 
apply for funding.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria and 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 Part III to the 
equivalent of no more than 250 pages, using the following standards:
    <bullet> A ``page'' is 8.5<gr-thn-eq> x 11'', on one side only, 
with 1'' 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).
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances, certifications, the desegregation plan and related 
information, and the forms used to respond to Competitive Preference 
Priority 2--New or revised magnet schools projects and Competitive 
Preference Priority 3--

[[Page 10726]]

Selection of students; or the one-page abstract, the resumes, or 
letters of support. However, you must include all of the application 
narrative in Part III.
    Our reviewers will not read any pages of your application that--
    <bullet> Exceed the page limit if you apply these standards; or
    <bullet> Exceed the equivalent of the page limit if you apply other 
standards.
    3. Submission Dates and Times:
    Applications Available: March 9, 2007.
    Deadline for Notice of Intent to Apply: April 6, 2007.
    Deadline for Transmittal of Applications: April 27, 2007.
    Applications for grants under this competition must be submitted 
electronically using the Grants.gov Apply site (Grants.gov). For 
information (including dates and times) about how to submit your 
application electronically, or by mail or hand delivery if you qualify 
for an exception to the electronic submission requirement, please refer 
to section IV. 6. Other Submission Requirements in 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. Deadline for 
Intergovernmental Review: June 27, 2007.
    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 program.
    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 the Governmentwide Grants.gov Apply 
site at http://www.Grants.gov. Through this site, you will be able to 
download a copy of the application package, complete it offline, and 
then upload and submit your application. You may not e-mail an 
electronic copy of a grant application to us.
    We will reject your application if you submit it in paper format 
unless, as described elsewhere in this section, you qualify for one of 
the exceptions to the electronic submission requirement and 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.
    You may access the electronic grant application for the Magnet 
Schools Assistance Program at http://www.Grants.gov. You must search 
for the downloadable application package for this program or 
competition by the CFDA number. Do not include the CFDA number's alpha 
suffix in your search (e.g., search for 84.165, not 84.165A).
    Please note the following:
    <bullet> When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation.
    <bullet> Applications received by Grants.gov are date and time 
stamped. Your application must be fully uploaded and submitted, and 
must be date and time stamped by the Grants.gov system no later than 
4:30 p.m., Washington, DC time, on the application deadline date. 
Except as otherwise noted in this section, we will not consider your 
application if it is date and time stamped by the Grants.gov system 
later than 4:30 p.m., Washington, DC time, on the application deadline 
date. When we retrieve your application from Grants.gov, we will notify 
you if we are rejecting your application because it was date and time 
stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, 
on the application deadline date.
    <bullet> The amount of time it can take to upload an application 
will vary depending on a variety of factors including the size of the 
application and the speed of your Internet connection. Therefore, we 
strongly recommend that you do not wait until the application deadline 
date to begin the submission process through Grants.gov.
    <bullet> You should review and follow the Education Submission 
Procedures for submitting an application through Grants.gov that are 
included in the application package for this program to ensure that you 
submit your application in a timely manner to the Grants.gov system. 
You can also find the Education Submission Procedures pertaining to 
Grants.gov at http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.
    <bullet> To submit your application via Grants.gov, you must 
complete all steps in the Grants.gov registration process (see http://www.grants.gov/applicants/get_registered.jsp). These steps include (1) 
registering your organization, a multi-part process that includes 
registration with the Central Contractor Registry (CCR); (2) 
registering yourself as an Authorized Organization Representative 
(AOR); and (3) getting authorized as an AOR by your organization. 
Details on these steps are outlined in the Grants.gov 3-Step 
Registration Guide (see http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf). You also must provide on your 
application the same D-U-N-S Number used with this registration. Please 
note that the registration process may take five or more business days 
to complete, and you must have completed all registration steps to 
allow you to submit successfully an application via Grants.gov. In 
addition, you will need to update your CCR registration on an annual 
basis. This may take three or more business days to complete.
    <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: 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications. Please note that two of these forms--the SF 424 and the 
Department of Education Supplemental Information for SF 424--have 
replaced the ED 424 (Application for Federal Education Assistance).
    <bullet> 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.

[[Page 10727]]

    <bullet> Your electronic application must comply with any page-
limit requirements described in this notice.
    <bullet> After you electronically submit your application, you will 
receive from Grants.gov an automatic notification of receipt that 
contains a Grants.gov tracking number. (This notification indicates 
receipt by Grants.gov only, not receipt by the Department.) The 
Department then will retrieve your application from Grants.gov and send 
a second notification to you by e-mail. This second notification 
indicates that the Department has received your application and has 
assigned your application a PR/Award number (an ED-specified 
identifying number unique to your application).
    <bullet> We may request that you provide us original signatures on 
forms at a later date. Application Deadline Date Extension in Case of 
Technical Issues with the Grants.gov System: If you are experiencing 
problems submitting your application through Grants.gov, please contact 
the Grants.gov Support Desk at 1-800-518-4726. You must obtain a 
Grants.gov Support Desk Case Number and must keep a record of it.
    If you are prevented from electronically submitting your 
application on the application deadline date because of technical 
problems with the Grants.gov system, we will grant you an extension 
until 4:30 p.m., Washington, DC time, the following business day to 
enable you to transmit your application electronically or by hand 
delivery. You also may mail your application by following the mailing 
instructions described elsewhere in this notice.
    If you submit an application after 4:30 p.m., Washington, DC time, 
on the application deadline date, please contact the person listed 
elsewhere in this notice under For Further Information Contact and 
provide an explanation of the technical problem you experienced with 
Grants.gov, along with the Grants.gov Support Desk Case Number. We will 
accept your application if we can confirm that a technical problem 
occurred with the Grants.gov system and that that problem affected your 
ability to submit your application by 4:30 p.m., Washington, DC time, 
on the application deadline date. The Department will contact you after 
a determination is made on whether your application will be accepted.

    Note: The extensions to which we refer in this section apply 
only to the unavailability of, or technical problems with, the 
Grants.gov system. We will not grant you an extension if you failed 
to fully register to submit your application to Grants.gov before 
the application deadline date and time or if the technical problem 
you experienced is unrelated to the Grants.gov system.

    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 the Grants.gov system because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload large documents to 
the Grants.gov system;

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 
prevent you from using the Internet to submit your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline 
date. If you fax your written statement to the Department, we must 
receive the faxed statement no later than two weeks before the 
application deadline date.
    Address and mail or fax your statement to: Joan Scott-Ambrosio, 
U.S. Department of Education, 400 Maryland Avenue, SW., Room 4W225, 
Washington, DC 20202-5970. Fax: (202) 205-5630.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    b. Submission of Paper Applications by Mail. If you qualify for an 
exception to the electronic submission requirement, you may mail 
(through the U.S. Postal Service or a commercial carrier) your 
application to the Department. You must mail the original and two 
copies of your application, on or before the application deadline date, 
to the Department at the applicable following address:
    By mail through the U.S. Postal Service: U.S. Department of 
Education, Application Control Center, Attention: (CFDA Number 
84.165A), 400 Maryland Avenue, SW., Washington, DC 20202-4260;

or

    By mail through a commercial carrier: U.S. Department of Education, 
Application Control Center, Stop 4260, Attention: (CFDA Number 
84.165A), 7100 Old Landover Road, Landover, MD 20785-1506.
    Regardless of which address you use, you must show proof of mailing 
consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (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 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, 
Sundays, and Federal holidays.
    Note for Mail or Hand Delivery of Paper Applications: 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 
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.

[[Page 10728]]

V. Application Review Information

    1. Selection Criteria: All of the selection criteria for this 
program are from 34 CFR 280.31, with the exception of the selection 
criterion for the Quality of project design. The Quality of project 
design selection criterion is from 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.
    The maximum score for all the selection criteria is 100 points. The 
maximum score for each criterion is included in parentheses. Each 
criterion also includes the factors that reviewers will consider in 
determining whether an application meets the criterion.
    Points awarded under these selection criteria are in addition to 
any points an applicant earns under the competitive preference 
priorities in this notice. The maximum score an application may receive 
based on the priority points and the selection criteria is 140 points.
    (a) Plan of operation. (25 points)
    (1) The Secretary reviews each application to determine the quality 
of the plan of operation for the project.
    (2) The Secretary determines the extent to which the applicant 
demonstrates--
    (i) The effectiveness of its management plan to ensure proper and 
efficient administration of the project;
    (ii) The effectiveness of its plan to attain specific outcomes 
that--
    (A) Will accomplish the purposes of the program;
    (B) Are attainable within the project period;
    (C) Are measurable and quantifiable; and
    (D) For multi-year projects, can be used to determine the project's 
progress in meeting its intended outcomes;
    (iii) The effectiveness of its plan for utilizing its resources and 
personnel to achieve the objectives of the project, including how well 
it utilizes key personnel to complete tasks and achieve the objectives 
of the project;
    (iv) How it will ensure equal access and treatment for eligible 
project participants who have been traditionally underrepresented in 
courses or activities offered as part of the magnet school, e.g., women 
and girls in mathematics, science, or technology courses, and disabled 
students; and
    (v) The effectiveness of its plan to recruit students from 
different social, economic, ethnic, and racial backgrounds into the 
magnet schools.
    (b) Quality of personnel. (10 points)
    (1) The Secretary reviews each application to determine the 
qualifications of the personnel the applicant plans to use on the 
project.
    (2) The Secretary determines the extent to which--
    (i) The project director (if one is used) is qualified to manage 
the project;
    (ii) Other key personnel are qualified to manage the project;
    (iii) Teachers who will provide instruction in participating magnet 
schools are qualified to implement the special curriculum of the magnet 
schools; and
    (iv) The applicant, as part of its nondiscriminatory employment 
practices will ensure that its personnel are selected for employment 
without regard to race, religion, color, national origin, sex, age, or 
disability.
    (3) To determine personnel qualifications, the Secretary considers 
experience and training in fields related to the objectives of the 
project, including the key personnel's knowledge of and experience in 
curriculum development and desegregation strategies.
    (c) Quality of project design. (35 points)
    (1) The Secretary reviews each application to determine the quality 
of the project design 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 academic 
content standards and 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) Encourage greater parental decisionmaking and involvement.
    (d) Budget and resources. (5 points) The Secretary reviews each 
application to determine the adequacy of the resources and the cost-
effectiveness of the budget for the project, including--
    (1) The adequacy of the facilities that the applicant plans to use;
    (2) The adequacy of the equipment and supplies that the applicant 
plans to use; and
    (3) The adequacy and reasonableness of the budget for the project 
in relation to the objectives of the project.
    (e) Evaluation plan. (15 points) The Secretary determines the 
extent to which the evaluation plan for the project--
    (1) Includes methods that are appropriate 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. (10 points)
    (1) The Secretary reviews each application to determine whether the 
applicant is likely to continue the magnet school activities after 
assistance under the regulations is no longer available.
    (2) The Secretary determines the extent to which the applicant--
    (i) Is committed to the magnet schools project; and
    (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 also notify you informally.
    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

[[Page 10729]]

performance report that provides the most current performance and 
financial expenditure information as specified by the Secretary in 34 
CFR 75.118, including information that documents the extent of success 
in addressing the performance measures described in the following 
paragraph. For specific requirements on grantee reporting, please go to 
the ED Performance Report Form 524B at http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: We have established three performance 
measures for the MSAP:
    (a) The percentage of magnet schools whose student applicant pool 
reflects a racial and ethnic composition that, in relation to the total 
enrollment of the school, reduces, eliminates or prevents minority 
group isolation. The Secretary has set an overall performance target 
that calls for the percentage of magnet schools whose student applicant 
pool would have a beneficial effect on the reduction, prevention or 
elimination of minority group isolation in participating project 
schools to increase annually from a baseline established with magnet 
school applicant data from the first year of the project.
    (b) The percentage of magnet schools whose students from major 
racial and ethnic groups meet or exceed their State's adequate yearly 
progress standard, in accordance with their State's plan required by 
section 1111 of the ESEA. The Secretary has set an overall performance 
target that calls for the percentage of magnet schools whose students 
meet or exceed the adequate yearly progress standard to increase 
annually from a baseline established by participating schools' 
performance in the school year prior to the beginning of the project.
    (c) The percentage of magnet schools that receive assistance and 
that are still operating magnet school programs three years after 
Federal funding ends and the percentage of magnet schools that received 
assistance that meet State standards at least three years after Federal 
funding ends. The Secretary has set an overall performance target that 
calls for the percentage of magnet schools that are in operation and 
meet or exceed State standards three years after Federal funding ends 
to increase annually from a baseline established three years after 
Federal funding ceases.

VII. Agency Contact

FOR FURTHER INFORMATION CONTACT: Steven L. Brockhouse, U.S. Department 
of Education, 400 Maryland Avenue, SW., room 4W229, Washington, DC 
20202-5970. Telephone: (202) 260-2476 or by e-mail: 
<a href="/cdn-cgi/l/email-protection#77040312011259150518141c1f1802041237121359101801"><span class="__cf_email__" data-cfemail="c5b6b1a0b3a0eba7b7aaa6aeadaab0b6a085a0a1eba2aab3">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the program contact person listed in this 
section.

VIII. Other Information

    Electronic Access to This Document: You may 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. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: 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: March 6, 2007.
Morgan S. Brown,
Assistant Deputy Secretary for Innovation and Improvement.
 [FR Doc. E7-4271 Filed 3-8-07; 8:45 am]
BILLING CODE 4000-01-P


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