13304 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 

[FR Doc. 2012–5412 Filed 3–5–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Application for New Awards; Charter 

Schools Program (CSP); Grants for 

Replication and Expansion of HighQuality Charter Schools 

AGENCY: Office of Innovation and 

Improvement, Department of Education. 

ACTION: Notice. 

Overview Information 

Charter Schools Program (CSP) Grants 

for Replication and Expansion of HighQuality Charter Schools 

Notice inviting applications for new 

awards for fiscal year (FY) 2012. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.282M. 

Applications Available: March 6, 

2012. 

Date of Pre-Application Meeting: 

March 27, 2012. 

Deadline for Transmittal of 

Applications: May 7, 2012. 

Deadline for Intergovernmental 

Review: July 5, 2012. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the CSP is to increase national 

understanding of the charter school 

model; to expand the number of highquality charter schools available to 

students across the Nation by providing 

financial assistance for the planning, 

program design, initial implementation, 

and expansion of charter schools; and to 

evaluate the effects of charter schools, 

including their effects on students, 

student academic achievement, staff, 

and parents. 

The purpose of the Replication and 

Expansion of High-Quality Charter 

Schools (Replication and Expansion) 

competition (CFDA 84.282M) is to 

award grants to eligible applicants to 

enable them to replicate or expand highquality charter schools with 

demonstrated records of success, 

including success in increasing student 

academic achievement. Eligible 

applicants may use their grant funds to 

expand the enrollment of one or more 

existing charter schools by substantially 

increasing the number of available seats 

per school or to open one or more new 

charter schools that are based on the 

charter school model for which the 

eligible applicant has presented 

evidence of success. 

Priorities: This notice includes one 

absolute priority, six competitive 

preference priorities, and one 

invitational priority. The absolute and 

competitive preference priorities are 

from the notice of final priorities, 

requirements, definitions, and selection 

criteria for this program, published in 

the Federal Register on July 12, 2011 

(76 FR 40898); from the notice of final 

supplemental priorities and definitions 

for discretionary grant programs, 

published in the Federal Register on 

December 15, 2010 (75 FR 78486), and 

corrected on May 12, 2011 (76 FR 

27637); and from 34 CFR 75.225(a). 

Absolute Priority: For FY 2012 and 

any subsequent year in which we make 

awards based on the list of unfunded 

applicants from this competition, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: 

Experience Operating or Managing 

High-Quality Charter Schools. (76 FR 

40898) 

This priority is for projects that will 

provide for the replication or expansion 

of high-quality charter schools by 

applicants that currently operate or 

manage more than one high-quality 

charter school (as defined in this 

notice). 

Competitive Preference Priorities: For 

FY 2012 and any subsequent year in 

which we make awards based on the list 

of unfunded applicants from this 

competition, these priorities are 

competitive preference priorities. Under 

34 CFR 75.105(c)(2)(i) we will award an 

additional 9 points to an application 

that meets Competitive Preference 

Priority 1; an additional point to an 

application that meets Competitive 

Preference Priority 2; up to an 

additional 4 points to an application 

that meets Competitive Preference 

Priority 3, depending on how well the 

application meets the priority; an 

additional point to an application that 

meets Competitive Preference Priority 4; 

an additional point to an application 

that meets Competitive Preference 

Priority 5; and an additional 4 points to 

an application that meets Competitive 

Preference Priority 6. 

Note: In order to receive preference under 

these competitive preference priorities, the 

applicant must identify the priority or 

priorities that it believes it meets and provide 

documentation supporting its claims. 

These priorities are: 

Competitive Preference Priority 1— 

Low-Income Demographic. (76 FR 

40900) (9 points) 

To meet this priority, an applicant 

must demonstrate that at least 60 

percent of all students in the charter 

schools it currently operates or manages 

are individuals from low-income 

families (as defined in this notice). 

Competitive Preference Priority 2— 

School Improvement. (76 FR 40900) 

(1 point) 

To meet this priority, an applicant 

must demonstrate that its proposed 

replication or expansion of one or more 

high-quality charter schools will occur 

in partnership with, and will be 

designed to assist, one or more local 

educational agencies (LEAs) in 

implementing academic or structural 

interventions to serve students 

attending schools that have been 

identified for improvement, corrective 

action, closure, or restructuring under 

section 1116 of the Elementary and 

Secondary Education Act of 1965, as 

amended (ESEA), and as described in 

the notice of final requirements for the 

School Improvement Grants, published 

in the Federal Register on October 28, 

2010 (75 FR 66363). 

Note: Applicants in States operating under 

ESEA Flexibility that have opted to waive the 

requirement in ESEA section 1116(b) for 

LEAs to identify for improvement, corrective 

action, or restructuring, as appropriate, their 

Title I schools that fail to make AYP for two 

or more consecutive years may partner with 

LEAs to serve students attending priority or 

focus schools (see the September 23, 2011 

‘‘ESEA Flexibility’’ document at http:// 

www.ed.gov/esea/flexibility). 

Competitive Preference Priority 3— 

Promoting Diversity. (76 FR 40900) (Up 

to 4 points) 

This priority is for applicants that 

demonstrate a record of (in the schools 

they currently operate or manage), as 

well as an intent to continue (in schools 

that they will be creating or 

substantially expanding under this 

grant), taking active measures to— 

(a) Promote student diversity, 

including racial and ethnic diversity, or 

avoid racial isolation; 

(b) Serve students with disabilities at 

a rate that is at least comparable to the 

rate at which these students are served 

in public schools in the surrounding 

area; and 

(c) Serve English learners at a rate that 

is at least comparable to the rate at 

which these students are served in 

public schools in the surrounding area. 

In support of this priority, applicants 

must provide enrollment data as well as 

descriptions of existing policies and 

activities undertaken or planned to be 

undertaken. 

Note: An applicant addressing this priority 

is invited to discuss how the proposed design 

of its project will encourage approaches by 

charter schools that help bring together 

students of different backgrounds, including 

students from different racial and ethnic 

backgrounds, to attain the benefits that flow 

from a diverse student body. 


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Note: For additional information, please 

refer to the Department’s ‘‘Guidance on the 

Voluntary Use of Race to Achieve Diversity 

and Avoid Racial Isolation in Elementary and 

Secondary Schools’’ guidance documents at 

http://www2.ed.gov/about/offices/list/ocr/ 

docs/guidance-ese-201111.pdf. 

Competitive Preference Priority 4— 

Technology. (76 FR 27638) (1 point) 

This priority is for projects that are 

designed to improve student 

achievement (as defined in this notice) 

or teacher effectiveness through the use 

of high-quality digital tools or materials, 

which may include preparing teachers 

to use the technology to improve 

instruction, as well as developing, 

implementing, or evaluating digital 

tools or materials. 

Note: Section 504 of the Rehabilitation Act 

of 1973, and the Department’s regulations 

implementing Section 504 at 34 CFR Part 

104, prohibit discrimination on the basis of 

disability in programs and activities that 

receive Federal financial assistance from the 

Department. The obligations under these 

laws—to provide an equal opportunity to 

individuals with disabilities to participate in, 

and receive the benefits of, the educational 

program and to provide accommodations or 

modifications when necessary to ensure 

equal treatment—apply to a recipient’s use of 

technology, including digital tools and 

equipment. For additional information, 

please refer to the Department’s May 26, 

2011, Dear Colleague Letter available at 

http://www2.ed.gov/about/offices/list/ocr/ 

letters/colleague-201105-ese.pdf, and 

attached Frequently Asked Questions about 

the June 26, 2010, Dear Colleague Letter 

available at http://www2.ed.gov/about/ 

offices/list/ocr/docs/dcl-ebook-faq201105.pdf. 

Competitive Preference Priority 5— 

Promoting Science, Technology, 

Engineering, and Mathematics (STEM) 

Education. (76 FR 27639) (1 point) 

This priority is for projects that are 

designed to provide students with 

increased access to rigorous and 

engaging coursework in STEM. 

Competitive Preference Priority 6— 

Novice Applicant (34 CFR 75.225(c)(2)) 

(4 points) 

This priority is for applicants that 

qualify as novice applicants. ‘‘Novice 

applicant’’ means an applicant for a 

grant from the Department that (i) has 

never received a Replication and 

Expansion grant; (ii) has never been a 

member of a group application, 

submitted in accordance with 34 CFR 

75.127–75.129, that received a 

Replication and Expansion grant; and 

(iii) has not had an active discretionary 

grant from the Federal Government in 

the five years before the deadline date 

for applications for new awards under 

this Replication and Expansion grant 

competition. 

For the purposes of clause (iii) in the 

preceding paragraph, a grant is active 

until the end of the grant’s project or 

funding period, including any 

extensions of those periods that extend 

the grantee’s authority to obligate funds 

(34 CFR 75.225(b)). 

Invitational Priority: For FY 2012 and 

any subsequent year in which we make 

awards based on the list of unfunded 

applicants from this competition, 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: 

Students With Disabilities and English 

Learners 

The Secretary is particularly 

interested in applications that 

demonstrate, through participant, 

achievement, and outcome data for 

students with disabilities, English 

learners, or both— 

(1) Prior success in improving 

educational achievement and outcomes 

for these students; and 

(2) That the charter school model the 

applicant proposes to replicate or 

expand serves these students at rates 

that are comparable to the enrollment 

rates of students with disabilities, 

English learners, or both, in the school 

districts in which the applicant’s 

schools operate. 

Note: An applicant addressing this priority 

should provide participant, achievement, and 

outcome data separately for students with 

disabilities and English learners. 

Definitions 

The following definitions are from the 

notice of final priorities, requirements, 

definitions, and selection criteria for 

this program published in the Federal 

Register on July 12, 2011 (76 FR 40898), 

and from the notice of final 

supplemental priorities and definitions 

for discretionary grant programs 

published in the Federal Register on 

December 15, 2010 (75 FR 78486), and 

corrected on May 12, 2011 (76 FR 

27637), and apply to this competition. 

Charter management organization 

(CMO) is a nonprofit organization that 

operates or manages multiple charter 

schools by centralizing or sharing 

certain functions and resources among 

schools. (76 FR 40901) 

Educationally disadvantaged students 

includes, but is not necessarily limited 

to, individuals from low-income 

families (as defined in this notice), 

English learners, migratory children, 

children with disabilities, and neglected 

or delinquent children. (76 FR 40901) 

High-quality charter school is a school 

that shows evidence of strong academic 

results for the past three years (or over 

the life of the school, if the school has 

been open for fewer than three years), 

based on the following factors: 

(1) Increasing student academic 

achievement and attainment for all 

students, including, as applicable, 

educationally disadvantaged students 

served by the charter schools operated 

or managed by the applicant. 

(2) Either (i) Demonstrated success in 

closing historic achievement gaps for 

the subgroups of students described in 

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

at the charter schools operated or 

managed by the applicant, or 

(ii) No significant achievement gaps 

between any of the subgroups of 

students described in section 

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

charter schools operated or managed by 

the applicant and significant gains in 

student academic achievement have 

been made with all populations of 

students served by the charter schools 

operated or managed by the applicant. 

(3) Achieved results (including 

performance on statewide tests, annual 

student attendance and retention rates, 

high school graduation rates, college 

attendance rates, and college persistence 

rates where applicable and available) for 

low-income and other educationally 

disadvantaged students served by the 

charter schools operated or managed by 

the applicant that are above the average 

academic achievement results for such 

students in the State. 

(4) No significant compliance issues 

(as defined in this notice), particularly 

in the areas of student safety and 

financial management. (76 FR 40901– 

02) 

Individual from low-income family 

means an individual who is determined 

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

through 17, from a low-income family 

on the basis of (a) data used by the 

Secretary to determine allocations under 

section 1124 of the ESEA, (b) data on 

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

Russell National School Lunch Act, (c) 

data on children in families receiving 

assistance under part A of title IV of the 

Social Security Act, (d) data on children 

eligible to receive medical assistance 

under the Medicaid program under Title 

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

alternate method that combines or 

extrapolates from the data in items (a) 

through (d) of this definition (see 20 

U.S.C. 6537(3)). (76 FR 40902) 

Replicate means to open one or more 

new charter schools that are based on 

the charter school model or models for 


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which the applicant has presented 

evidence of success. (76 FR 40902) 

Significant compliance issue means a 

violation that did, will, or could lead to 

the revocation of a school’s charter. (76 

FR 40902) 

Student achievement means— 

(a) For tested grades and subjects: (1) 

A student’s score on the State’s 

assessments under the ESEA; and, as 

appropriate, (2) other measures of 

student learning, such as those 

described in paragraph (b) of this 

definition, provided they are rigorous 

and comparable across schools. 

(b) For non-tested grades and subjects: 

alternative measures of student learning 

and performance, such as student scores 

on pre-tests and end-of-course tests; 

student performance on English 

language proficiency assessments; and 

other measures of student achievement 

that are rigorous and comparable across 

schools. (76 FR 27641) 

Substantially expand means to 

increase the student count of an existing 

charter school by more than 50 percent 

or to add at least two grades to an 

existing charter school over the course 

of the grant. (76 FR 40902) 

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

Consolidated Appropriations Act, 2012, 

Division F, Title III, Public Law 112–74. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 74, 75, 76, 77, 79, 80, 81, 

82, 84, 85, 86, 97, 98, and 99. (b) The 

notice of final priorities, requirements, 

definitions, and selection criteria for 

this program published in the Federal 

Register on July 12, 2011 (76 FR 40898). 

(c) The notice of final supplemental 

priorities and definitions for 

discretionary grant programs, published 

in the Federal Register on December 15, 

2010 (75 FR 78486), and corrected on 

May 12, 2011 (76 FR 27637). (d) The 

regulations in 34 CFR 75.225(a). 

Note: The regulations in 34 CFR part 79 

apply to all applicants except federally 

recognized Indian tribes. 

Note: The regulations in 34 CFR part 86 

apply only to institutions of higher 

education. 

Note: The regulations in 34 CFR part 99 

apply only to an educational agency or 

institution. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: 

$13,500,000. 

Contingent upon the availability of 

funds, and the quality of the 

applications, we may make additional 

awards later in FY 2012 and in FY 2013 

from the list of unfunded applicants 

from this competition. 

Estimated Range of Awards: $200,000 

to $3,000,000 per year. 

Estimated Average Size of Awards: 

$1,600,000 per year. 

Estimated Number of Awards: 7–11. 

Note: The Department is not bound by any 

estimates in this notice. The estimated range, 

average size, and number of awards are based 

on a single 12-month budget period. 

However, the Department may choose to 

fund more than 12 months of a project using 

FY 2012 funds. 

Project Period: Up to 60 months. 

III. Eligibility Information 

1. Eligible Applicants: Non-profit 

charter management organizations and 

other entities that are not for-profit 

entities. Eligible applicants may also 

apply as a group or consortium. 

2. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. 

3. Other: 

(a) Reasonable and Necessary Costs: 

The Secretary may elect to impose 

maximum limits on the amount of grant 

funds that may be awarded per charter 

school replicated, per charter school 

substantially expanded, or per new 

school seat created. 

For this competition the maximum 

limit of grant funds that may be 

awarded per new school seat is $3,000, 

including a maximum limit per new 

school created of $800,000. The 

maximum limit per new school seat in 

a charter school that is substantially 

expanding its enrollment is $1,500, 

including a maximum limit per 

substantially expanded school of 

$800,000. 

Note: Applicants must ensure that all costs 

included in the proposed budget are 

reasonable and necessary in light of the goals 

and objectives of the proposed project. Any 

costs determined by the Secretary to be 

unreasonable or unnecessary will be removed 

from the final approved budget. 

(b) Other CSP Grants: A charter 

school that receives funds under this 

competition is ineligible to receive 

funds for the same purpose under 

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

including for planning and program 

design or the initial implementation of 

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

84.282B). 

A charter school that has received 

CSP funds for replication previously, or 

that has received funds for planning or 

initial implementation of a charter 

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

may not use funds under this grant for 

the same purpose. However, such 

charter schools may be eligible to 

receive funds under this competition to 

substantially expand the charter school 

beyond the existing grade levels or 

student count. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: 

Erin Pfeltz, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 4W255, Washington, DC 20202– 

5970. Telephone: (202) 205–3525 or by 

email: erin.pfeltz@ed.gov. 

If you use a telecommunications 

device for the deaf (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 compact disc) 

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. 

Page Limit: The application narrative 

(Part III of the application) is where you, 

the applicant, address the selection 

criteria that reviewers use to evaluate 

your application. The Secretary strongly 

encourages applicants to limit Part III to 

the equivalent of no more than 60 pages, 

using the following standards: 

• A ‘‘page’’ is 8.5′′ x 11′′, on one side 

only, with 1′′ margins at the top, bottom, 

and both sides. 

• Double space (no more than three 

lines per vertical inch) all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

references, and captions, as well as all 

text in charts, tables, figures, and 

graphs. 

• Use a font that is either 12 point or 

larger or no smaller than 10 pitch 

(characters per inch). 

• Use one of the following fonts: 

Times New Roman, Courier, Courier 

New, or Arial. 

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 and 

certifications; or the one-page abstract, 

the resumes, the bibliography, or the 

letters of support. However, the page 

limit does apply to all of the application 

narrative section (Part III). 

3. Submission Dates and Times: 

Applications Available: March 6, 

2012. 

Date of Pre-Application Meeting: The 

Department will hold a pre-application 

meeting via webinar for prospective 

applicants on March 27, 2012, from 1 


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

Individuals interested in attending this 

meeting are encouraged to pre-register 

by emailing their name, organization, 

and contact information with the subject 

heading ‘‘PRE-APPLICATION 

MEETING’’ to CharterSchools@ed.gov. 

There is no registration fee for attending 

this meeting. 

For further information about the preapplication meeting, contact Erin Pfeltz, 

U.S. Department of Education, 400 

Maryland Avenue SW., room 4W255, 

Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or by email: 

erin.pfeltz@ed.gov. 

Deadline for Transmittal of 

Applications: May 7, 2012. 

Applications for grants under this 

program 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 in paper format by 

mail or hand delivery if you qualify for 

an exception to the electronic 

submission requirement, please refer to 

section IV. 7. 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 5, 2012. 

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: Grantees 

under this program must use the grant 

funds to replicate or substantially 

expand the charter school model or 

models for which the applicant has 

presented evidence of success. Grant 

funds must be used to carry out 

allowable activities, as described in 

section 5204(f)(3) of the ESEA (20 U.S.C. 

7221c(f)(3)). 

Pursuant to section 5204(f)(3) of the 

ESEA, grantees under this program must 

use the grant funds for— 

(a) Post-award planning and design of 

the educational program, which may 

include: (i) Refinement of the desired 

educational results and of the methods 

for measuring progress toward achieving 

those results; and (ii) professional 

development of teachers and other staff 

who will work in the charter school; 

and 

(b) Initial implementation of the 

charter school, which may include: (i) 

Informing the community about the 

school; (ii) acquiring necessary 

equipment and educational materials 

and supplies; (iii) acquiring or 

developing curriculum materials; and 

(iv) other initial operational costs that 

cannot be met from State or local 

sources. 

Note: A grantee may use up to 20 percent 

of grant funds for initial operational costs 

associated with the expansion or 

improvement of the grantee’s oversight or 

management of its charter schools, provided 

that: (i) the specific charter schools being 

created or substantially expanded under the 

grant are the intended beneficiaries of such 

expansion or improvement, and (ii) such 

expansion or improvement is intended to 

improve the grantee’s ability to manage or 

oversee the charter schools created or 

substantially expanded under the grant. 

We reference regulations outlining 

funding restrictions in the Applicable 

Regulations section of this notice. 

6. Data Universal Numbering System 

Number, Taxpayer Identification 

Number, and Central Contractor 

Registry: To do business with the 

Department of Education, you must— 

a. Have a Data Universal Numbering 

System (DUNS) number and a Taxpayer 

Identification Number (TIN); 

b. Register both your DUNS number 

and TIN with the Central Contractor 

Registry (CCR), the Government’s 

primary registrant database; 

c. Provide your DUNS number and 

TIN on your application; and 

d. Maintain an active CCR registration 

with current information while your 

application is under review by the 

Department and, if you are awarded a 

grant, during the project period. 

You can obtain a DUNS number from 

Dun and Bradstreet. A DUNS number 

can be created within one business day. 

If you are a corporate entity, agency, 

institution, or organization, you can 

obtain a TIN from the Internal Revenue 

Service. If you are an individual, you 

can obtain a TIN from the Internal 

Revenue Service or the Social Security 

Administration. If you need a new TIN, 

please allow 2–5 weeks for your TIN to 

become active. 

The CCR registration process may take 

five or more business days to complete. 

If you are currently registered with the 

CCR, you may not need to make any 

changes. However, please make certain 

that the TIN associated with your DUNS 

number is correct. Also note that you 

will need to update your CCR 

registration on an annual basis. This 

may take three or more business days to 

complete. 

In addition, if you are submitting your 

application via Grants.gov, you must (1) 

be designated by your organization as an 

Authorized Organization Representative 

(AOR); and (2) register yourself with 

Grants.gov as an AOR. Details on these 

steps are outlined at the following 

Grants.gov Web page: www.grants.gov/ 

applicants/get_registered.jsp. 

7. Other Submission Requirements. 

Applications for grants under this 

program 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 CSP 

Grants for Replication and Expansion of 

High-Quality Charter Schools, CFDA 

number 84.282M, must be submitted 

electronically using the 

Governmentwide Grants.gov Apply site 

at 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 email 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 CSP Grants for 

Replication and Expansion of HighQuality Charter Schools at 

www.Grants.gov. You must search for 

the downloadable application package 

for this program by the CFDA number. 

Do not include the CFDA number’s 

alpha suffix in your search (e.g., search 

for 84.282, not 84.282M). 

Please note the following: 


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• When you enter the Grants.gov site, 

you will find information about 

submitting an application electronically 

through the site, as well as the hours of 

operation. 

• Applications received by Grants.gov 

are 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 4:30:00 p.m., Washington, DC 

time, on the application deadline date. 

Except as otherwise noted in this 

section, we will not accept your 

application if it is received—that is, date 

and time stamped by the Grants.gov 

system—after 4:30:00 p.m., Washington, 

DC time, on the application deadline 

date. We do not consider an application 

that does not comply with the deadline 

requirements. 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 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. 

• The amount of time it can take to 

upload an application will vary 

depending on a variety of factors, 

including the size of the application and 

the speed of your Internet connection. 

Therefore, we strongly recommend that 

you do not wait until the application 

deadline date to begin the submission 

process through Grants.gov. 

• You should review and follow the 

Education Submission Procedures for 

submitting an application through 

Grants.gov that are included in the 

application package for this program to 

ensure that you submit your application 

in a timely manner to the Grants.gov 

system. You can also find the Education 

Submission Procedures pertaining to 

Grants.gov under News and Events on 

the Department’s G5 system home page 

at www.G5.gov. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and submit 

your application in paper format. 

• You must submit all documents 

electronically, including all information 

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—NonConstruction Programs (ED 524), and all 

necessary assurances and certifications. 

• You must upload any narrative 

sections and all other attachments to 

your application as files in a .PDF 

(Portable Document) read-only, nonmodifiable format. Specifically, do not 

upload an interactive or fillable .PDF 

file. If you upload a file type other than 

a read-only, non-modifiable .PDF or 

submit a password-protected file, we 

will not review that material. 

• Your electronic application must 

comply with any page-limit 

requirements described in this notice. 

• After you electronically submit 

your application, you will receive from 

Grants.gov an automatic notification of 

receipt that contains a Grants.gov 

tracking number. (This notification 

indicates receipt by Grants.gov only, not 

receipt by the Department.) The 

Department then will retrieve your 

application from Grants.gov and send a 

second notification to you by email. 

This second notification indicates that 

the Department has received your 

application and has assigned your 

application a PR/Award number (an EDspecified identifying number unique to 

your application). 

• 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, 

toll free, 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 4:30:00 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 

4:30:00 p.m., Washington, DC time, on 

the application deadline date, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT in 

section VII of this notice 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 4:30:00 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— 

• You do not have access to the 

Internet; or 

• You do not have the capacity to 

upload large documents to the 

Grants.gov system; and 

• 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: Erin Pfeltz, U.S. 

Department of Education, 400 Maryland 

Avenue SW., room 4W255, 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 following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

CFDA Number 84.282M, LBJ Basement 

Level 1, 400 Maryland Avenue SW., 

Washington, DC 20202–4260. 


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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 84.282M, 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 4:30:00 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 

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 

1. Application Requirements: 

Applicants applying for CSP grant funds 

must address the following application 

requirements and the selection criteria 

described in this notice. An applicant 

may choose to respond to the 

application requirements in the context 

of its responses to the selection criteria. 

These application requirements are 

from the notice of final priorities, 

requirements, definitions, and selection 

criteria for this competition published 

in the Federal Register on July 12, 2011 

(79 FR 40898). 

(a) Describe the objectives of the 

project for replicating or substantially 

expanding high-quality charter schools 

and the methods by which the applicant 

will determine its progress toward 

achieving those objectives. 

(b) Describe how the applicant 

currently operates or manages the 

charter schools for which it has 

presented evidence of success, and how 

the proposed new or substantially 

expanded charter schools will be 

operated or managed. Include a 

description of central office functions, 

governance, daily operations, financial 

management, human resources 

management, and instructional 

management. If applying as a group or 

consortium, describe the roles and 

responsibilities of each member of the 

group or consortium and how each 

member will contribute to this project. 

(c) Describe how the applicant will 

ensure that each proposed new or 

substantially expanded charter school 

receives its commensurate share of 

Federal education funds that are 

allocated by formula each year, 

including during the first year of 

operation of the school and any year in 

which the school’s enrollment 

substantially expands. 

(d) Describe the educational program 

to be implemented in the proposed new 

or substantially expanded charter 

schools, including how the program will 

enable all students (including 

educationally disadvantaged students) 

to meet State student academic 

achievement standards, the grade levels 

or ages of students to be served, and the 

curriculum and instructional practices 

to be used. 

(e) Describe the administrative 

relationship between the charter school 

or schools to be replicated or 

substantially expanded by the applicant 

and the authorized public chartering 

agency. 

(f) Describe how the applicant will 

provide for continued operation of the 

proposed new or substantially expanded 

charter school or schools once the 

Federal grant has expired. 

(g) Describe how parents and other 

members of the community will be 

involved in the planning, program 

design, and implementation of the 

proposed new or substantially expanded 

charter school or schools. 

(h) Include a request and justification 

for waivers of any Federal statutory or 

regulatory provisions that the applicant 

believes are necessary for the successful 

operation of the proposed new or 

substantially expanded charter schools. 

(i) Describe how the grant funds will 

be used, including how these funds will 

be used in conjunction with other 

Federal programs administered by the 

Secretary, and with any matching funds. 

(j) Describe how all students in the 

community, including students with 

disabilities, English learners, and other 

educationally disadvantaged students, 

will be informed about the proposed 

new or substantially expanded charter 

schools and given an equal opportunity 

to attend such schools. 

(k) Describe how the proposed new or 

substantially expanded charter schools 

that are considered to be LEAs under 

State law, or the LEAs in which the new 

or substantially expanded charter 

schools are located, will comply with 

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

Individuals with Disabilities Education 

Act. 

(l) Provide information on any 

significant compliance issues identified 

within the past three years for each 

school managed by the applicant, 

including compliance issues in the areas 

of student safety, financial management, 

and statutory or regulatory compliance. 

(m) For each charter school currently 

operated or managed by the applicant, 

provide the following information: The 

year founded, the grades currently 

served, the number of students, the 

address, the percentage of students in 

each subgroup of students described in 

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

results on the State assessment for the 

past three years (if available) by 

subgroup, attendance rates, student 

attrition rates for the past three years, 

and (if the school operates a 12th grade) 

high school graduation rates and college 

attendance rates (maintaining standards 

to protect personally identifiable 

information). 

(n) Provide objective data showing 

applicant quality. In particular, the 

Secretary requires the applicant to 

provide the following data: 

(1) Performance (school-wide and by 

subgroup) for the past three years (if 

available) on statewide tests of all 

charter schools operated or managed by 

the applicant as compared to all 

students in other schools in the State or 

States at the same grade level, and as 

compared with other schools serving 

similar demographics of students 

(maintaining standards to protect 

personally identifiable information); 


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(2) Annual student attendance and 

retention rates (school-wide and by 

subgroup) for the past three years (or 

over the life of the school, if the school 

has been open for fewer than three 

years), and comparisons with other 

similar schools (maintaining standards 

to protect personally identifiable 

information); and 

(3) Where applicable and available, 

high school graduation rates, college 

attendance rates, and college persistence 

rates (school-wide and by subgroup) for 

the past three years (if available) of 

students attending schools operated or 

managed by the applicant, and the 

methodology used to calculate these 

rates (maintaining standards to protect 

personally identifiable information). 

When reporting data for schools in 

States that may have particularly 

demanding or low standards of 

proficiency, applicants are invited to 

discuss how their academic success 

might be considered against applicants 

from across the country. 

(o) Provide such other information 

and assurances as the Secretary may 

require. 

2. Selection Criteria. The selection 

criteria for this program are from the 

notice of final priorities, requirements, 

definitions, and selection criteria for 

this program published in the Federal 

Register on July 12, 2011 (76 FR 40898), 

and from 34 CFR 75.210. The maximum 

possible score for addressing all of the 

criteria in this section is 100 points. The 

maximum possible score for addressing 

each criterion is indicated in 

parentheses following the criterion. 

In evaluating an application, the 

Secretary considers the following 

criteria: 

(a) Quality of the eligible applicant 

(50 points). In determining the quality of 

the applicant, the Secretary considers 

the following factors: 

(1) The degree, including the 

consistency over the past three years, to 

which the applicant has demonstrated 

success in significantly increasing 

student academic achievement and 

attainment for all students, including, as 

applicable, educationally disadvantaged 

students served by the charter schools 

operated or managed by the applicant 

(20 points). 

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

consistency over the past three years, to 

which the applicant has demonstrated 

success in closing historic achievement 

gaps for the subgroups of students 

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

of the ESEA at the charter schools 

operated or managed by the applicant, 

or 

(ii) The degree, including the 

consistency over the past three years, to 

which there have not been significant 

achievement gaps between any of the 

subgroups of students described in 

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

at the charter schools operated or 

managed by the applicant and to which 

significant gains in student academic 

achievement have been made with all 

populations of students served by the 

charter schools operated or managed by 

the applicant (15 points). 

(3) The degree, including the 

consistency over the past three years, to 

which the applicant has achieved 

results (including performance on 

statewide tests, annual student 

attendance and retention rates, high 

school graduation rates, college 

attendance rates, and college persistence 

rates where applicable and available) for 

low-income and other educationally 

disadvantaged students served by the 

charter schools operated or managed by 

the applicant that are significantly 

above the average academic 

achievement results for such students in 

the State (15 points). 

(b) Contribution in assisting 

educationally disadvantaged students 

(10 points). 

The contribution the proposed project 

will make in assisting educationally 

disadvantaged students served by the 

applicant to meet or exceed State 

academic content standards and State 

student academic achievement 

standards, and to graduate college- and 

career-ready. When responding to this 

selection criterion, applicants must 

discuss the proposed locations of 

schools to be created or substantially 

expanded and the student populations 

to be served. 

(c) Quality of the project design (10 

points). 

The Secretary considers the quality of 

the design of the proposed project. In 

determining the quality of the design of 

the proposed project, the Secretary 

considers the extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified, measurable, and attainable. 

Applicants proposing to open schools 

serving substantially different 

populations than those currently served 

by the model for which they have 

demonstrated evidence of success must 

address the attainability of outcomes 

given this difference. 

(d) Quality of the management plan 

and personnel (25 points). 

The Secretary considers the quality of 

the management plan and personnel to 

replicate and substantially expand highquality charter schools. In determining 

the quality of the management plan and 

personnel for the proposed project, the 

Secretary considers: 

(1) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and 

milestones for accomplishing project 

tasks. 

(2) The business plan for improving, 

sustaining, and ensuring the quality and 

performance of charter schools created 

or substantially expanded under these 

grants beyond the initial period of 

Federal funding in areas including, but 

not limited to, facilities, financial 

management, central office, student 

academic achievement, governance, 

oversight, and human resources of the 

charter schools. 

(3) A multi-year financial and 

operating model for the organization, a 

demonstrated commitment of current 

and future partners, and evidence of 

broad support from stakeholders critical 

to the project’s long-term success. 

(4) The plan for closing charter 

schools supported, overseen, or 

managed by the applicant that do not 

meet high standards of quality. 

(5) The qualifications, including 

relevant training and experience, of the 

project director, chief executive officer 

or organization leader, and key project 

personnel, especially in managing 

projects of the size and scope of the 

proposed project. 

(e) Quality of the evaluation plan (5 

points). 

The Secretary considers the quality of 

the evaluation to be conducted of the 

proposed project. In determining the 

quality of the evaluation, the Secretary 

considers the extent to which the 

methods of evaluation include the use 

of objective performance measures that 

are clearly related to the intended 

outcomes of the project and will 

produce quantitative and qualitative 

data. 

3. Review and Selection Process: We 

remind potential applicants that in 

reviewing applications in any 

discretionary grant competition, the 

Secretary may consider, under 34 CFR 

75.217(d)(3), the past performance of the 

applicant in carrying out a previous 

award, such as the applicant’s use of 

funds, achievement of project 

objectives, and compliance with grant 

conditions. The Secretary may also 

consider whether the applicant failed to 

submit a timely performance report or 

submitted a report of unacceptable 

quality. 

In addition, in making a competitive 

grant award, the Secretary also requires 

various assurances including those 

applicable to Federal civil rights laws 

that prohibit discrimination in programs 

or activities receiving Federal financial 


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assistance from the Department of 

Education (34 CFR 100.4, 104.5, 106.4, 

108.8, and 110.23). 

4. Special Conditions: Under 34 CFR 

74.14 and 80.12, the Secretary may 

impose special conditions on a grant if 

the applicant or grantee is not 

financially stable; has a history of 

unsatisfactory performance; has a 

financial or other management system 

that does not meet the standards in 34 

CFR parts 74 or 80, as applicable; has 

not fulfilled the conditions of a prior 

grant; or is otherwise not responsible. 

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: (a) If you apply for a 

grant under this competition, you must 

ensure that you have in place the 

necessary processes and systems to 

comply with the reporting requirements 

in 2 CFR part 170 should you receive 

funding under the competition. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) 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 www.ed.gov/ 

fund/grant/apply/appforms/ 

appforms.html. 

4. Performance Measures: The goal of 

the CSP is to support the creation and 

development of a large number of highquality charter schools that are free from 

State or local rules that inhibit flexible 

operation, are held accountable for 

enabling students to reach challenging 

State performance standards, and are 

open to all students. The Secretary has 

two performance indicators to measure 

progress towards this goal: (1) The 

number of charter schools in operation 

around the Nation, and (2) the 

percentage of fourth- and eighth-grade 

charter school students who are 

achieving at or above the proficient 

level on State examinations in 

mathematics and reading/language arts. 

Additionally, the Secretary has 

established the following measure to 

examine the efficiency of the CSP: 

Federal cost per student in 

implementing a successful school 

(defined as a school in operation for 

three or more consecutive years). 

All grantees must submit an annual 

performance report with information 

that is responsive to these performance 

measures. 

5. Continuation Awards: In making a 

continuation award, the Secretary may 

consider, under 34 CFR 75.253, the 

extent to which a grantee has made 

‘‘substantial progress toward meeting 

the objectives in its approved 

application.’’ This consideration 

includes the review of a grantee’s 

progress in meeting the targets and 

projected outcomes in its approved 

application, and whether the grantee 

has expended funds in a manner that is 

consistent with its approved application 

and budget. In making a continuation 

grant, the Secretary also considers 

whether the grantee is operating in 

compliance with the assurances in its 

approved application, including those 

applicable to Federal civil rights laws 

that prohibit discrimination in programs 

or activities receiving Federal financial 

assistance from the Department (34 CFR 

100.4, 104.5, 106.4, 108.8, and 110.23). 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: Erin 

Pfeltz, U.S. Department of Education, 

400 Maryland Avenue SW., room 

4W255, Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or by email: 

erin.pfeltz@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

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

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site 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). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: March 1, 2012. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. 2012–5427 Filed 3–5–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Arbitration Panel Decision Under the 

Randolph-Sheppard Act 

AGENCY: Department of Education. 

ACTION: Notice of decision. 

SUMMARY: The Department of Education 

(Department) gives notice that on 

October 12, 2011, an arbitration panel 

rendered a decision in the matter of the 

Rutherford Beard v. Michigan 

Commission for the Blind, Case no. 

R–S/08–8. 

FOR FURTHER INFORMATION CONTACT: You 

can obtain a copy of the full text of the 

arbitration panel decision from Mary 

Yang, U.S. Department of Education, 

400 Maryland Avenue SW., room 5162, 

Potomac Center Plaza, Washington, DC 

20202–2800. Telephone: (202) 245– 

6327. If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll-free, at 1–800–877– 

8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or compact disc) by 

contacting the program contact person 

listed in this section. 

SUPPLEMENTARY INFORMATION: This 

arbitration panel was convened by the 

Department under 20 U.S.C. 107d–1(a), 

after receiving a complaint from the 

complainant, Rutherford Beard. Under 

section 6(c) of the Randolph-Sheppard 

Act (Act), 20 U.S.C. 107d–2(c), the 


pmangrum on DSK3VPTVN1PROD with NOTICES