6302 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices

DEPARTMENT OF EDUCATION

[CFDA No.: 84.282A]

Office of Elementary and Secondary

Education—Public Charter Schools

Program (PCSP); Notice Inviting

Applications for New Awards for Fiscal

Year (FY) 2000

Purpose of Program: The purpose of

the PCSP is to expand the number of

high-quality charter schools available to

students across the Nation by providing

financial assistance for the planning,

program design, and initial

implementation of charter schools;

evaluating the effects of charter schools;

and disseminating information about

charter schools and successful practices

in charter schools.

Who May Apply: (a) State educational

agencies (SEAs) in States with a specific

State statute authorizing the

establishment of charter schools. The

Secretary awards grants to SEAs to

enable them to conduct charter school

programs in their States. SEAs use their

PCSP funds to award subgrants to

‘‘eligible applicants,’’ as defined in this

notice, for planning, program design,

and initial implementation of a charter

school; and to support the

dissemination of information about, and

successful practices in, charter schools.

A charter school may apply for funds to

carry out dissemination activities,

whether or not the charter school has

applied for or received funds under the

PCSP for planning or implementation, if

the charter school has been in operation

for at least 3 consecutive years and has

demonstrated overall success,

including–

(1) Substantial progress in improving

student achievement;

(2) High levels of parent satisfaction;

and

(3) The management and leadership

necessary to overcome initial start-up

problems and establish a thriving,

financially viable charter school.

(b) An authorized public chartering

agency in partnership with a charter

school developer is eligible to receive

funding directly from the U.S.

Department of Education (Department)

if the SEA in the State elects not to

participate in the PSCP or does not have

an application approved under the

program. If an SEA’s application is

approved in this competition,

applications received from non-SEA

eligible applicants in that State will be

returned to the applicants. In such a

case, the non-SEA eligible applicant

should contact the SEA for information

related to its subgrant competition.

Note: The following States currently have

approved applications under this program:

Alaska, Arkansas, California, Colorado,

Connecticut, Delaware, District of Columbia,

Florida, Georgia, Hawaii, Idaho, Illinois,

Louisiana, Massachusetts, Michigan,

Minnesota, Missouri, New Jersey, New York,

North Carolina, Ohio, Oklahoma, Oregon,

Rhode Island, Puerto Rico, Texas, Utah,

Virginia, and Wisconsin. In these States, only

the SEA is eligible to receive an award under

this competition. Non-SEA eligible

applicants in these States should contact

their respective SEAs for information about

participation in the State’s charter school

subgrant program. Non-SEA eligible

applicants in States that are not listed above

must apply directly to the Department on or

before the DEADLINE FOR RECEIPT OF

APPLICATIONS in order to be considered for

funding in this competition.

Deadline for Receipt of Applications:

March 22, 2000

Note: We must receive all applications on

or before this date. This requirement takes

exception to the Education Department

General Administrative Regulations

(EDGAR), 34 CFR 75.102. Under the

Administrative Procedure Act (5 U.S.C. 553),

the Department generally offers interested

parties the opportunity to comment on

proposed regulations. However, this

exception to EDGAR makes procedural

changes only and does not establish new

substantive policy. Therefore, under 5 U.S.C.

553(b)(A), the Assistant Secretary for

Elementary and Secondary Education has

determined that proposed rulemaking is not

required.

Deadline for Intergovernmental

Review: April 21, 2000.

Applications Available: February 8,

2000.

Estimated Available Funds:

$24,000,000.

Estimated Range of Awards:

State educational agencies: $500,000–

$5,000,000 per year.

Other eligible applicants: $25,000–

$150,000 per year.

Estimated Average Size of Awards:

State educational agencies: $3,000,000

per year.

Other eligible applicants: $100,000

per year.

Estimated Number of Awards:

State educational agencies: 3–5.

Other eligible applicants: 30–50.

Note: These estimates are projections for

the guidance of potential applicants. The

Department is not bound by any estimates in

this notice.

Project Period

State educational agencies: Up to 36

months.

Other eligible applicants: Up to 36

months.

Note: Grants awarded by the Secretary

directly to non-SEA eligible applicants or

subgrants awarded by SEAs to eligible

applicants will be awarded for a period of up

to 36 months, of which the eligible applicant

may use—

(a) Not more than 18 months for

planning and program design;

(b) Not more than two years for the

initial implementation of a charter

school; and

(c) Not more than two years to carry

out dissemination activities.

Applicable Regulations and Statute:

The Education Department General

Administrative Regulations (EDGAR) in

34 CFR Parts 75 (except § 75.210), 77,

79, 80, 81, 82, 85, 86, and 99. Title X,

Part C, Elementary and Secondary

Education Act of 1965 (ESEA), as

amended, 20 U.S.C. 8061–8067.

SUPPLEMENTARY INFORMATION: As part of

wider education reform efforts to

strengthen teaching and learning,

charter schools can be an innovative

approach to improving public education

and expanding public school choice.

While there is no one model, public

charter schools are exempted from most

statutory and regulatory requirements in

exchange for performance-based

accountability. They are intended to

stimulate the creativity and

commitment of teachers, parents,

students, and citizens and contribute to

better student academic achievement.

Congress reauthorized the PCSP in

October 1998, by enacting the Charter

School Expansion Act of 1998 (Act).

Under the new legislation, SEA

applicants for funding are required to

include in their applications

descriptions of how the SEA will (a)

inform each charter school in the State

about Federal funds the charter school

is eligible to receive and Federal

programs in which the charter school

may participate; (b) ensure that each

charter school in the State receives the

charter school’s commensurate share of

Federal education funds that are

allocated by formula each year,

including during the charter school’s

first year of operation; and (c)

disseminate best or promising practices

of charter schools to LEAs in the State.

The new legislation also added a

requirement that SEA applicants as well

as non-SEA eligible applicants include

in their applications descriptions of

how charter schools that are considered

to be LEAs under State law and LEAs in

which a charter school is located will

comply with sections 613(a)(5) and

613(e)(1)(B) of the Individuals with

Disabilities Education Act. Additional

information regarding the required

contents of applications, diversity of

projects, and waivers are provided in

the application package for this

program.

The following definitions, selection

criteria, priority criteria, amount

criteria, authorized uses of funds for

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices 6303

dissemination activities, and allowable

activities are taken from the Public

Charter Schools Program authorizing

statute, in Title X, Part C of the ESEA,

as amended by the Act. They are being

repeated in this application notice for

the convenience of the applicant.

Definitions

The following definitions apply to

this program:

(a) Charter school means a public

school that—

(1) In accordance with a specific State

statute authorizing the granting of

charters to schools, is exempted from

significant State or local rules that

inhibit the flexible operation and

management of public schools, but not

from any rules relating to the other

requirements of this definition;

(2) Is created by a developer as a

public school, or is adapted by a

developer from an existing public

school, and is operated under public

supervision and direction;

(3) Operates in pursuit of a specific

set of educational objectives determined

by the school’s developer and agreed to

by the authorized public chartering

agency;

(4) Provides a program of elementary

or secondary education, or both;

(5) Is nonsectarian in its programs,

admissions policies, employment

practices, and all other operations, and

is not affiliated with a sectarian school

or religious institution;

(6) Does not charge tuition;

(7) Complies with the Age

Discrimination Act of 1975, title VI of

the Civil Rights Act of 1964, title IX of

the Education Amendments of 1972,

section 504 of the Rehabilitation Act of

1973, and part B of the Individuals With

Disabilities Education Act;

(8) Is a school to which parents

choose to send their children, and that

admits students on the basis of a lottery,

if more students apply for admission

than can be accommodated;

(9) Agrees to comply with the same

Federal and State audit requirements as

do other elementary and secondary

schools in the State, unless the

requirements are specifically waived for

the purposes of this program;

(10) Meets all applicable Federal,

State, and local health and safety

requirements;

(11) Operates in accordance with

State law; and

(12) Has a written performance

contract with the authorized public

chartering agency in the State that

includes a description of how student

performance will be measured in charter

schools pursuant to State assessments

that are required of other schools and

pursuant to any other assessments

mutually agreeable to the authorized

public chartering agency and the charter

school.

(b) Developer means an individual or

group of individuals (including a public

or private nonprofit organization),

which may include teachers,

administrators and other school staff,

parents, or other members of the local

community in which a charter school

project will be carried out.

(c) Eligible applicant means an

authorized public chartering agency

participating in a partnership with a

developer to establish a charter school

in accordance with this program.

(d) Authorized public chartering

agency means a State educational

agency, local educational agency, or

other public entity that has the authority

under State law and is approved by the

Secretary to authorize or approve a

charter school.

Selection Criteria for SEAs

The maximum possible score for all of

the criteria in this section is 140 points.

The maximum possible score for each

criterion is indicated in parentheses

following each criterion. In evaluating

an application from an SEA, the

Secretary considers the following

criteria:

(a) The contribution that the charter

schools grant program will make in

assisting educationally disadvantaged

and other students to achieve State

content standards, State student

performance standards, and, in general,

a State’s education improvement plan

(20 points).

(b) The degree of flexibility afforded

by the SEA to charter schools under the

State’s charter schools law (20 points).

(c) The ambitiousness of the

objectives for the State charter school

grant program (20 points).

(d) The quality of the strategy for

assessing achievement of those

objectives (20 points).

(e) The likelihood that the charter

schools grant program will meet those

objectives and improve educational

results for students (20 points).

(f) The number of high quality charter

schools created under this part in the

State (20 points).

(g) In the case of State educational

agencies that propose to use grant funds

to support dissemination activities

under section 10302(c)(2)(C) of the

ESEA, the quality of those activities and

the likelihood that those activities will

improve student achievement (20

points).

Selection Criteria for Non-SEA Eligible

Applicants

The maximum possible score for all of

the criteria in this section is 140 points.

The maximum possible score for each

criterion is indicated in parentheses

following each criterion. In evaluating

an application from an eligible

applicant other than an SEA the

Secretary considers the following

criteria:

(a) The quality of the proposed

curriculum and instructional practices

(20 points).

(b) The degree of flexibility afforded

by the SEA and, if applicable, the local

educational agency to the charter school

(20 points).

(c) The extent of community support

for the application (20 points).

(d) The ambitiousness of the

objectives for the charter school (20

points).

(e) The quality of the strategy for

assessing achievement of those

objectives (20 points).

(f) The likelihood that the charter

school will meet those objectives and

improve educational results for students

(20 points).

(g) In the case of an eligible applicant

that proposes to use grant funds to

support dissemination activities under

section 10302(c)(2)(C) of the ESEA, the

quality of those activities and the

likelihood that those activities will

improve student achievement (20

points).

Priority Criteria

In awarding grants for FYs 1999,

2000, and 2001 from funds appropriated

under section 10311 of the ESEA that

are in excess of $51 million for the FY,

the Secretary gives priority under this

competition to States to the extent that

the State meets the criterion described

in paragraph (a) below, and one or more

of the criteria described in paragraphs

(b) through (d) below (20 points).

(a) The State provides for periodic

review and evaluation by the authorized

public chartering agency of each charter

school, at least once every 5 years

unless required more frequently by State

law, to determine whether the charter

school is meeting the terms of the

school’s charter, and is meeting or

exceeding the academic performance

requirements and goals for charter

schools as set forth under State law or

the school’s charter.

(b) The State has demonstrated

progress, in increasing the number of

high quality charter schools that are

held accountable in the terms of the

schools’ charters for meeting clear and

measurable objectives for the

6304 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices

educational progress of the students

attending the schools, in the period

prior to the period for which a State

educational agency or eligible applicant

applies for a grant under this

competition.

(c) The State—

(1) Provides for one authorized public

chartering agency that is not a local

educational agency, such as a State

chartering board, for each individual or

entity seeking to operate a charter

school pursuant to such State law; or

(2) In the case of a State in which

local educational agencies are the only

authorized public chartering agencies,

allows for an appeals process for the

denial of an application for a charter

school.

(d) The State ensures that each charter

school has a high degree of autonomy

over the charter school’s budgets and

expenditures.

Amount Criteria

In determining the amount of a grant

to be awarded under this competition to

a State educational agency, the

Secretary shall take into consideration

the number of charter schools that are

operating or approved to open in the

State.

Allowable Activities

An eligible applicant receiving a grant

or subgrant under this program may use

the grant or subgrant funds for only—

(a) Post-award planning and design of

the educational program, which may

include—

(1) Refinement of the desired

educational results and of the methods

for measuring progress toward achieving

those results; and

(2) 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—

(1) Informing the community about

the school;

(2) Acquiring necessary equipment

and educational materials and supplies;

(3) Acquiring or developing

curriculum materials; and

(4) Other initial operating costs that

cannot be met from State or local

sources.

Use of Funds for Dissemination

Activities

A State educational agency may

reserve not more than 10 percent of the

grant funds to support dissemination

activities. A charter school may use

such funds to assist other schools in

adapting the charter school’s program

(or certain aspects of the charter

school’s program), or to disseminate

information about the charter school,

through such activities as—

(a) Assisting other individuals with

the planning and startup of one or more

new public schools, including charter

schools, that are independent of the

assisting charter school and the assisting

charter school’s developers, and that

agree to be held to at least as high a level

of accountability as the assisting charter

school;

(b) Developing partnerships with

other public schools, including charter

schools, designed to improve student

performance in each of the schools

participating in the partnership;

(c) Developing curriculum materials,

assessments, and other materials that

promote increased student achievement

and are based on successful practices

within the assisting charter school; and

(d) Conducting evaluations and

developing materials that document the

successful practices of the assisting

charter school and that are designed to

improve student achievement.

FOR APPLICATIONS OR INFORMATION

CONTACT: Donna M. Hoblit, U.S.

Department of Education, 400 Maryland

Avenue, SW., Room 3C148,

Washington, D.C. 20202–6140.

Telephone (202) 205–9178. Internet

address: DonnalHoblit@ed.gov

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

Individuals with disabilities may

obtain this document in an alternate

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

audiotape, or computer diskette) upon

request to the contact person listed in

the preceding paragraph. Individuals

with disabilities may obtain a copy of

the application package in an alternate

format, also, by contacting that person.

However, the Department is not able to

reproduce in an alternate format the

standard forms included in the

application package.

Electronic Access to this Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register in text or Adobe Portable

Document Format (PDF) on the Internet

at either of the following sites: http://

ocfo.ed.gov/fedreg.htm; http://

www.ed.gov/news.html.

To use PDF, you must have the Adobe

Acrobat Reader Program with Search,

which is available free at either of the

previous sites. If you have questions

about using PDF, call the U.S.

Government Printing Office toll free at

1–888–293–6498; or in the Washington,

DC area at (202) 512–1530.

Note: The official version of a 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.access.gpo.gov/nara/

index.html.

Program Authority: 20 U.S.C. 8061–8067.

Dated: February 4, 2000.

Michael Cohen,

Assistant Secretary for Elementary and

Secondary Education.

[FR Doc. 00–2919 Filed 2–7–00; 8:45 am]

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