```

[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7104-7119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01380]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

Application for New Awards; Expanding Opportunity Through Quality 
Charter Schools Program (CSP)--Grants to State Entities (State Entity)

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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

SUMMARY: The Department of Education is issuing a notice inviting 
applications for fiscal year (FY) 2025 for CSP Grants to State 
Entities.

DATES: 
    Applications Available: January 21, 2025.
    Deadline for Transmittal of Applications: April 21, 2025.
    Deadline for Intergovernmental Review: June 20, 2025.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on December 23, 2024 (89 FR 104528), and available at 
https://www.federalregister.gov/documents/2024/12/23/2024-30488/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs.

FOR FURTHER INFORMATION CONTACT: Sareeta Schmitt, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202-5970. 
Telephone: (202) 205-0730. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The CSP State Entity program, ALN 84.282A, is 
authorized under Title IV, Part C of the Elementary and Secondary 
Education Act of 1965, as amended by the Every Student Succeeds Act 
(ESEA) (20 U.S.C. 7221-7221j). Through the CSP State Entity 
competition, the Department awards grants to State entities \1\ that, 
in turn, award subgrants to eligible applicants for the purpose of 
opening and preparing for the operation of new charter schools and 
replicated high-quality charter schools, and expanding high-quality 
charter schools. State entities also may use grant funds to provide 
technical assistance to eligible applicants and authorized public 
chartering agencies in opening and preparing for the operation of new 
charter schools and replicated high-quality charter schools, and 
expanding high-quality charter schools; and to work with authorized 
public chartering agencies in the State to improve authorizing quality, 
including developing capacity for, and conducting, fiscal oversight and 
auditing of charter schools. State Entity grant funds may also be used 
for grant administration, which may include technical assistance and 
monitoring of subgrants for performance and fiscal and regulatory 
compliance, as required under 2 CFR 200.332(e).
---------------------------------------------------------------------------

    \1\ Terms defined in this notice are italicized the first time 
they are used.
---------------------------------------------------------------------------

    The CSP State Entity program provides financial assistance to State 
entities to support charter schools that serve elementary and secondary 
school students in States with a specific State statute authorizing the 
granting of charters to schools. Charter schools receiving funds under 
the CSP State Entity program may also serve students in early childhood 
education programs or postsecondary students.
    Assistance Listing Number: 84.282A.
    OMB Control Number: 1810-0767.
    Background: The major purposes of the CSP are to expand 
opportunities for

[[Page 7105]]

all students, particularly traditionally underserved students, to 
attend high-quality public charter schools and meet challenging State 
academic standards; provide financial assistance for the planning, 
program design, and initial implementation of charter schools; increase 
the number of high-quality charter schools available to students across 
the United States; evaluate the impact of charter schools on student 
achievement, families, and communities; share best practices between 
charter schools and other public schools; encourage States to provide 
facilities support to charter schools; and support efforts to 
strengthen the charter school authorizing process.
    ``Raise the Bar: Lead the World'' (RTB) is the Department's call to 
action to all stakeholders to transform pre-kindergarten through 
postsecondary education and unite around evidence-based strategies that 
advance educational equity and excellence for all students.\2\ When we 
raise the bar in education, all our Nation's students will be able to 
build the skills to thrive inside and outside of school. As part of the 
RTB initiative, the Department is focusing on six strategies aimed at 
promoting academic excellence and wellness for every learner and better 
preparing our Nation for global competitiveness.\3\ This competition 
advances several RTB strategies, most notably those intended to deliver 
a comprehensive and rigorous education for every student.
---------------------------------------------------------------------------

    \2\ https://www.ed.gov/about/ed-initiatives/raise-bar.
    \3\ The six strategies of Raise the Bar include: accelerating 
learning, developing a well-rounded education, eliminating the 
educator shortage, investing in mental health, ensuring every 
student has a postsecondary pathway, and a pathway to 
multilingualism.
---------------------------------------------------------------------------

    Further, on July 6, 2022 (87 FR 40406), the Department published in 
the Federal Register a notice of final priorities, requirements, 
definitions, and selection criteria (2022 NFP). The 2022 NFP 
supplements the program statute and is intended to help support the 
creation, replication, and expansion of high-quality charter schools 
that promote positive student outcomes, educator and community 
empowerment, promising practices, and school diversity. The 2022 NFP 
promotes greater fiscal and operational transparency and accountability 
for CSP-funded charter schools. The application requirements and 
assurances associated with subgrant monitoring and the review of 
subgrant applications help facilitate the proper peer review and 
evaluation of CSP grant applications. The priorities, application 
requirements, assurances, selection criteria, and definitions in this 
notice are designed to support access to high-quality, diverse, and 
equitable learning opportunities, which should be a goal of all public 
schools.
    Priorities: This notice includes one absolute priority, five 
competitive preference priorities, and two invitational priorities. In 
accordance with 34 CFR 75.105(b)(2)(ii), the absolute priority and 
competitive preference priorities are from section 4303(g)(2) of the 
ESEA (20 U.S.C. 7221b(g)(2)).
    Absolute Priority: For FY 2025, and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3) we consider only applications that meet the absolute 
priority.
    This priority is:
    Best Practices for Charter School Authorizers.
    To meet this priority, the State entity must demonstrate that it 
has taken steps to ensure that all authorized public chartering 
agencies \4\ implement best practices for charter school authorizing.
---------------------------------------------------------------------------

    \4\ Although section 4303(g)(2)(F) of the ESEA uses the term 
``authorizing public chartering agencies,'' consistent with section 
4310(1), the correct term is ``authorized public chartering 
agencies.''
---------------------------------------------------------------------------

    Competitive Preference Priorities: For FY 2025, and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award 1 additional point 
to an application that meets Competitive Preference Priority 1; up to 2 
additional points depending on how well an application meets 
Competitive Preference Priority 2; up to 2 additional points depending 
on how well an application meets Competitive Preference Priority 3; up 
to 2 additional points depending on how well an application meets 
Competitive Preference Priority 4; and up to 3 additional points 
depending on how well an application meets Competitive Preference 
Priority 5.
    An applicant must identify in the abstract form and in the project 
narrative section of its application the priority or priorities it 
wishes the Department to consider for purposes of earning competitive 
preference priority points. The Department will not review or award 
points for any competitive preference priority that an applicant fails 
to clearly identify as a competitive preference priority that it wishes 
the Department to consider for purposes of awarding competitive 
preference priority points. An application may receive a maximum of 10 
additional points under the competitive preference priorities.
    These priorities are:
    Competitive Preference Priority 1--At Least One Authorized Public 
Chartering Agency Other than a Local Educational Agency, or an Appeals 
Process (0 or 1 point).
    To meet this priority, the State entity must demonstrate that it is 
located in a State that--
    (a) Allows at least one entity that is not a local educational 
agency (LEA) to be an authorized public chartering agency for 
developers seeking to open a charter school in the State; or
    (b) In the case of a State in which LEAs are the only authorized 
public chartering agencies, the State has an appeals process for the 
denial of an application for a charter school.
    Competitive Preference Priority 2--Equitable Financing (up to 2 
points).
    To be eligible to receive points under this priority, the State 
entity must demonstrate that it is located in a State that ensures 
equitable financing, as compared to traditional public schools, for 
charter schools and students in a prompt manner.
    Competitive Preference Priority 3--Best Practices to Improve 
Struggling Schools and LEAs (up to 2 points).
    To be eligible to receive points under this priority, the State 
entity must demonstrate that it is located in a State that uses best 
practices from charter schools to help improve struggling schools and 
LEAs.
    Competitive Preference Priority 4--Charter School Facilities (up to 
2 points).
    To be eligible to receive points under this priority, the State 
entity must demonstrate that it is located in a State that provides 
charter schools one or more of the following:
    (a) Funding for facilities.
    (b) Assistance with facilities acquisition.
    (c) Access to public facilities.
    (d) The ability to share in bonds or mill levies.
    (e) The right of first refusal to purchase public school buildings.
    (f) Low- or no-cost leasing privileges.
    Competitive Preference Priority 5--Serving At-Risk Students (up to 
3 points).
    To be eligible to receive points under this priority, the State 
entity must demonstrate that it supports charter schools that serve at-
risk students through activities such as dropout prevention, dropout 
recovery, or

[[Page 7106]]

comprehensive career counseling services.
    Invitational Priorities: For FY 2025, and any subsequent year in 
which we make awards from the list of unfunded applications from this 
competition, these priorities are invitational priorities. Under 34 CFR 
75.105(c)(1), we do not give an application that meets an invitational 
priority a competitive or absolute preference over other applications.
    These priorities are:
    Invitational Priority 1--Collaborations between Charter Schools and 
Traditional Public Schools or Districts that Benefit Students and 
Families across Schools.
    (a) The Secretary is interested in funding applications that 
propose to encourage, but not require, eligible applicants for 
subgrants to propose projects that include a new collaboration, or the 
continuation of an existing collaboration, with at least one 
traditional public school or traditional school district that is 
designed to benefit students or families served by at least one member 
of the collaboration, is designed to lead to increased and improved 
educational opportunities for students served by at least one member of 
the collaboration, and includes implementation of one or more of the 
following:
    (1) Co-developed or shared curricular and instructional resources 
or academic course offerings.
    (2) Professional development opportunities for teachers and other 
educators, which may include professional learning communities, 
opportunities for teachers to earn additional certifications, such as 
in a high-need area or national board certification, and partnerships 
with educator preparation programs to support teaching residencies.
    (3) Evidence-based (as defined in section 8101(21) of the ESEA) 
practices to improve academic performance for underserved students.
    (4) Policies and practices to create safe, supportive, and 
inclusive learning environments, such as systems of positive behavioral 
intervention and support.
    (5) Transparent enrollment and retention practices and processes 
that include clear and consistent disclosure to families of policies or 
requirements (e.g., discipline policies, purchasing and wearing 
specific uniforms and other fees, or family participation), and any 
services that are or are not provided that could impact a family's 
ability to enroll or remain enrolled (e.g., transportation services or 
participation in the National School Lunch Program).
    (6) A shared transportation plan and system that reduces 
transportation costs for members of the collaboration and takes into 
consideration various transportation options, including public 
transportation and district-provided or shared transportation options, 
cost-sharing or free or reduced-cost fare options, and any distance 
considerations for prioritized bus services.
    (7) A shared special education collaborative designed to address a 
significant barrier or challenge faced by participating charter schools 
and traditional public schools in improving academic or developmental 
outcomes and services for students with disabilities (as defined in 
section 8101 of the ESEA).
    (8) A shared English learner collaborative designed to address a 
significant barrier or challenge faced by participating charter schools 
or traditional public schools in improving academic outcomes for 
English learners (as defined in section 8101 of the ESEA).
    (9) Other collaborations, such as the sharing of innovative and 
best practices, designed to address a significant barrier or challenge 
faced by participating charter schools or traditional public schools 
and designed to improve academic outcomes for all students served by 
members of the collaboration.
    (b) The State entity certifies that it will ask each eligible 
applicant that proposes a project that includes such a collaboration 
to--
    (1) Provide in its subgrant application a description of the 
collaboration that--
    (i) Describes each member of the collaboration and whether the 
collaboration would be a new or existing commitment;
    (ii) States the purpose and duration of the collaboration;
    (iii) Describes the anticipated roles and responsibilities of each 
member of the collaboration;
    (iv) Describes how the collaboration will benefit one or more 
members of the collaboration, including how it will benefit students or 
families affiliated with a member and lead to increased or improved 
educational opportunities for students, and meet specific and 
measurable, if applicable, goals;
    (vi) Describes the resources members of the collaboration will 
contribute; and
    (vii) Contains any other relevant information; and
    (2) Within 120 days of receiving a subgrant award or within 120 
days of the date the collaboration is scheduled to begin, whichever is 
later, provide evidence of participation in the collaboration (which 
may include, but is not required to include, a memorandum of 
understanding).
    Invitational Priority 2-Promoting Pathways to Multilingualism.
    The Secretary is interested in funding applications that propose to 
encourage, but not require, eligible applicants for subgrants to 
propose projects with multilingual programming that is centered on the 
needs and assets of the community the schools serve and is designed to 
provide students, particularly underserved students, with pathways to 
multilingualism through any of the following-
    (a) Dual language programs that offer academic instruction in two 
languages and are designed to enroll both English learners and native 
English speakers on an equitable basis and ensure all students become 
bilingual and biliterate in both languages.
    (b) A mission and focus on supporting Native American language 
education and development, such as through dual language programs or 
other instructional models and teaching methods that reflect and 
preserve Native American language, culture, and history.
    (c) A mission and focus on meeting the unique educational needs and 
celebrating the assets of English learners using evidence-based 
practices to support English language acquisition and promote academic 
excellence.
    (d) Other innovative or evidence-based strategies to promote 
multilingualism, including approaches to recruit, support, and retain 
multilingual educators.
    Application Requirements: The following application requirements 
are from section 4303(f) of the ESEA (20 U.S.C. 7221b(f)) and from the 
2022 NFP. The Department will not fund an application that does not 
meet each application requirement.
    In addressing the following application requirements, applicants 
must clearly identify which application requirement they are 
addressing. An applicant must address application requirements 
(a)(1)(i), (a)(1)(vii), (a)(1)(ix), (a)(2)(ii), and (a)(2)(iii) in its 
response to paragraph (a)(1) of the Quality of the Project Design 
selection criterion; application requirement (a)(8) in its response to 
paragraph (a)(4) of the Quality of the Project Design selection 
criterion; application requirements (a)(1)(ii), (a)(1)(xiii), 
(a)(3)(i), (a)(3)(ii), (a)(3)(iii), (a)(5), and (a)(7) in its response 
to the Quality of Eligible Subgrant Applicants selection criterion; 
application requirements (a)(1)(vi), (a)(1)(x), and (a)(9) in its 
response to paragraph (c)(1) of the State Plan selection criterion; 
application requirements (a)(1)(iii), (a)(1)(iv),

[[Page 7107]]

(a)(1)(viii), and (a)(1)(xi) in its response to paragraph (c)(3) of the 
State Plan selection criterion; and application requirement (a)(4) in 
its response to paragraph (d)(1) of the Quality of the Management Plan 
selection criterion. An applicant must respond to all other application 
requirements in paragraph (a) that are not listed above in the Project 
Narrative.
    Applications for funding under the CSP State Entity program must 
contain the following:
    (a) Description of Program--A description of the State entity's 
objectives in running a quality charter school program and how the 
objectives of the program will be carried out, including--
    (1) A description of how the State entity will--
    (i) Support the opening of charter schools through the startup of 
new charter schools and, if applicable, the replication of high-quality 
charter schools, and the expansion of high-quality charter schools 
(including the proposed number of new charter schools to be opened, 
high-quality charter schools to be opened as a result of the 
replication of a high-quality charter school, or high-quality charter 
schools to be expanded under the State entity's program);
    (ii) Inform eligible charter schools, developers, and authorized 
public chartering agencies of the availability of funds under the 
program;
    (iii) Work with eligible applicants to ensure that the eligible 
applicants access all Federal funds that such applicants are eligible 
to receive, and help the charter schools supported by the applicants 
and the students attending those charter schools--
    (A) Participate in the Federal programs in which the schools and 
students are eligible to participate;
    (B) Receive the commensurate share of Federal funds the schools and 
students are eligible to receive under such programs; and
    (C) Meet the needs of students served under such programs, 
including students with disabilities and English learners;
    (iv) Ensure that authorized public chartering agencies, in 
collaboration with surrounding LEAs where applicable, establish clear 
plans and procedures to assist students enrolled in a charter school 
that closes or loses its charter to attend other high-quality schools;
    (v) In the case of a State entity that is not a State educational 
agency (SEA)--
    (A) Work with the SEA and charter schools in the State to maximize 
charter school participation in Federal and State programs for which 
charter schools are eligible; and
    (B) Work with the SEA to operate the State entity's program under 
section 4303 of the ESEA, if applicable;
    (vi) Ensure that each eligible applicant that receives a subgrant 
under the State entity's program--
    (A) Is using funds provided under this program for one of the 
activities described in section 4303(b)(1) of the ESEA; and
    (B) Is prepared to continue to operate charter schools funded under 
section 4303 of the ESEA in a manner consistent with the eligible 
applicant's application for such subgrant once the subgrant funds under 
this program are no longer available;
    (vii) Support--
    (A) Charter schools in LEAs with a significant number of schools 
identified by the State for comprehensive support and improvement under 
section 1111(c)(4)(D)(i) of the ESEA; and
    (B) The use of charter schools to improve struggling schools, or to 
turn around struggling schools;
    (viii) Work with charter schools on--
    (A) Recruitment and enrollment practices to promote inclusion of 
all students, including by eliminating any barriers to enrollment for 
educationally disadvantaged students (who include foster youth and 
unaccompanied homeless youth); and
    (B) Supporting all students once they are enrolled to promote 
retention, including by reducing the overuse of discipline practices 
that remove students from the classroom;
    (ix) Share best and promising practices between charter schools and 
other public schools;
    (x) Ensure that charter schools receiving funds under the State 
entity's program meet the educational needs of their students, 
including children with disabilities and English learners;
    (xi) Support efforts to increase charter school quality 
initiatives, including meeting the quality authorizing elements 
described in section 4303(f)(2)(E) of the ESEA;
    (xii)(A) In the case of a State entity that is not a charter school 
support organization, a description of how the State entity will 
provide oversight of authorizing activity, including how the State will 
help ensure better authorizing, such as by establishing authorizing 
standards that may include approving, monitoring, and re-approving or 
revoking the authority of an authorized public chartering agency based 
on the performance of the charter schools authorized by such agency in 
the areas of student achievement, student safety, financial and 
operational management, and compliance with all applicable statutes and 
regulations; and
    (B) In the case of a State entity that is a charter school support 
organization, a description of how the State entity will work with the 
State to support the State's system of technical assistance and 
oversight of the authorizing activity of authorized public chartering 
agencies, as described in application requirement (a)(1)(xii)(A); and
    (xiii) Work with eligible applicants receiving a subgrant under the 
State entity's program to support the opening of new charter schools or 
charter school models described in application requirement (a)(1)(i) 
that are high schools (ESEA section 4303(f));
    (2) A description of the extent to which the State entity--
    (i) Is able to meet and carry out Competitive Preference Priorities 
1 through 5; \5\
---------------------------------------------------------------------------

    \5\ In accordance with 34 CFR 75.105(c)(2)(i), applications are 
not required to address competitive preference priorities but may 
receive additional points if they do so. However, to meet this 
application requirement, the State entity must describe the extent 
to which it is able to meet and carry out competitive preference 
priorities 1 through 5. If the State entity is unable to meet and 
carry out one or more of these competitive preference priorities, 
the description for that priority should state that the State entity 
is unable to meet or carry out the priority.
---------------------------------------------------------------------------

    (ii) Is working to develop or strengthen a cohesive statewide 
system to support the opening of new charter schools and, if 
applicable, the replication of high-quality charter schools, and the 
expansion of high-quality charter schools; and
    (iii) Is working to develop or strengthen a cohesive strategy to 
encourage collaboration between charter schools and LEAs on the sharing 
of best practices (ESEA section 4303(f));
    (3) A description of how the State entity will award subgrants, on 
a competitive basis, including--
    (i) A detailed description of how the State entity will review 
applications from eligible applicants, including -
    (A) How eligibility will be determined;
    (B) How peer reviewers will be recruited and selected, including 
efforts the applicant will make to recruit peer reviewers from diverse 
backgrounds and underrepresented groups;
    (C) How subgrant applications will be reviewed and evaluated;
    (D) How cost analyses and budget reviews will be conducted to 
ensure that costs are necessary, reasonable, and allocable to the 
subgrant;
    (E) How applicants will be assessed for risk (i.e., fiscal, 
programmatic, compliance); and
    (F) How funding decisions will be made (2022 NFP);

[[Page 7108]]

    (ii) A description of the application each eligible applicant 
desiring to receive a subgrant will be required to submit, which 
application must include the following:
    (A) A description of the roles and responsibilities of eligible 
applicants, partner organizations, and charter management organizations 
(CMOs), including the administrative and contractual roles and 
responsibilities of such partners (ESEA section 4303(f));
    (1) For any existing or proposed contract between a charter school 
and a for-profit management organization (including a nonprofit 
management organization operated by or on behalf of a for-profit 
entity), without regard to whether the management organization or its 
related entities exercises full or substantial administrative control 
over the charter school or the CSP project, the applicant must provide 
the following information or equivalent information that the applicant 
has submitted to the authorized public chartering agency--
    (i) A copy of the existing contract with the for-profit management 
organization or a description of the terms of the contract, including 
the name and contact information of the management organization; the 
cost (i.e., fixed costs and estimates of any ongoing costs or fees), 
including the amount of CSP funds proposed to be used toward such cost, 
and the percentage such cost represents of the school's overall 
funding; the duration; roles and responsibilities of the management 
organization; and steps the applicant will take to ensure that it pays 
fair market value for any services or other items purchased or leased 
from the management organization, makes all programmatic decisions, 
maintains control over all CSP funds, and directly administers or 
supervises the administration of the grant in accordance with 34 CFR 
75.701;
    (ii) A description of any business or financial relationship 
between the charter school developer and the management organization, 
including payments, contract terms, and any property owned, operated, 
or controlled by the management organization or related individuals or 
entities that will be used by the charter school;
    (iii) The name and contact information for each member of the 
governing board of the charter school and a list of the management 
organization's officers, chief administrator, or other administrators, 
and any staff involved in approving or executing the management 
contract; and a description of any actual or perceived conflicts of 
interest, including financial interests, and how the applicant resolved 
or will resolve any actual or perceived conflicts of interest to ensure 
compliance with 2 CFR 200.318(c);
    (iv) A description of how the applicant will ensure that members of 
the governing board of the charter school are not selected, removed, 
controlled, or employed by the management organization and that the 
charter school's legal, accounting, and auditing services will be 
procured independently from the management organization;
    (v) An explanation of how the applicant will ensure that the 
management contract is severable, severing the management contract will 
not cause the proposed charter school to close, the duration of the 
management contract will not extend beyond the expiration date of the 
school's charter, and renewal of the management contract will not occur 
without approval and affirmative action by the governing board of the 
charter school; and
    (vi) A description of the steps the applicant will take to ensure 
that it maintains control over all student records and has a process in 
place to provide those records to another public school or school 
district in a timely manner upon the transfer of a student from the 
charter school to another public school, including due to closure of 
the charter school, in accordance with section 4308 of the ESEA (2022 
NFP).
    (B) A description of the quality controls agreed to between the 
eligible applicant and the authorized public chartering agency 
involved, such as a contract or performance agreement; how a school's 
performance in the State's accountability system and impact on student 
achievement (which may include student academic growth) will be one of 
the most important factors for renewal or revocation of the school's 
charter; and how the State entity and the authorized public chartering 
agency involved will reserve the right to revoke or not renew a 
school's charter based on financial, structural, or operational factors 
involving the management of the school (ESEA section 4303(f));
    (C) A description of how the autonomy and flexibility granted to a 
charter school is consistent with the definition of charter school in 
section 4310 of the ESEA (ESEA section 4303(f));
    (D) A description of how the eligible applicant will solicit and 
consider input from parents and other members of the community on the 
implementation and operation of each charter school that will receive 
funds under the State entity's program (ESEA section 4303(f));
    (E) A description of the eligible applicant's planned activities 
and expenditures of subgrant funds to support opening and preparing for 
the operation of new charter schools, opening and preparing for the 
operation of replicated high-quality charter schools, or expanding 
high-quality charter schools, and how the eligible applicant will 
maintain financial sustainability after the end of the subgrant period 
(ESEA section 4303(f));
    (F) A description of how the eligible applicant will support the 
use of effective parent, family, and community engagement strategies to 
operate each charter school that will receive funds under the State 
entity's program (ESEA section 4303(f)); and
    (G) A needs analysis and description of the need for the proposed 
project, including how the proposed project would serve the interests 
and meet the needs of students and families in the communities the 
charter school intends to serve. The needs analysis, which may consist 
of information and documents previously submitted to an authorized 
public chartering agency to address need, must include, but is not 
necessarily limited to, the following:
    (1) Descriptions of the local community support, including 
information that demonstrates interest in, and need for, the charter 
school; benefits to the community; and other evidence of demand for the 
charter school that demonstrates a strong likelihood the charter school 
will achieve and maintain its enrollment projections. Such information 
may include information on waiting lists for the proposed charter 
school or existing charter schools or traditional public schools, data 
on access to seats in high-quality public schools in the districts from 
which the charter school expects to draw students, and family interest 
in specialized instructional approaches proposed to be implemented at 
the charter school.
    (2) Information on the proposed charter school's projected student 
enrollment and evidence to support the projected enrollment based on 
the needs analysis and other relevant data and factors, such as the 
methodology and calculations used.
    (3) An analysis of the proposed charter school's projected student 
demographics and a description of the demographics of students 
attending public schools in the local community in which the charter 
school would be located and the school districts from which the 
students are, or would be, drawn to attend the charter school; a 
description of how the applicant plans to establish and maintain a 
racially and

[[Page 7109]]

socio-economically diverse student body, including proposed strategies 
(that are consistent with applicable legal requirements) to recruit, 
admit, enroll, and retain a diverse student body. An applicant that is 
unlikely to establish and maintain a racially and socio-economically 
diverse student body at the proposed charter school because the charter 
school would be located in a racially or socio-economically segregated 
or isolated community, or due to the charter school's specific 
educational mission, must describe--
    (i) Why it is unlikely to be able to establish and maintain a 
racially and socio-economically diverse student body at the proposed 
charter school;
    (ii) How the anticipated racial and socio-economic makeup of the 
student body would promote the purposes of the CSP to provide high-
quality educational opportunities to all students, which may include a 
specialized educational program or mission; and
    (iii) The anticipated impact of the proposed charter school on the 
racial and socio-economic diversity of the public schools and school 
districts from which students would be drawn to attend the charter 
school.
    (4) A robust family and community engagement plan designed to 
ensure the active participation of families and the community that 
includes the following:
    (i) How families and the community were, are, or will be engaged in 
determining the vision and design for the charter school, including 
specific examples of how families' and the community's input was, is, 
or is expected to be incorporated into the vision and design for the 
charter school.
    (ii) How the charter school will meaningfully engage with both 
families and the community to create strong and ongoing partnerships.
    (iii) How the charter school will foster a collaborative culture 
that involves the families of all students, including underserved 
students, in ensuring their ongoing input in school decision-making.
    (iv) How the charter school's recruitment, admissions, enrollment, 
and retention processes will engage and accommodate families from 
various backgrounds, including English learners, students with 
disabilities, and students of color, including by holding enrollment 
and recruitment events on weekends or during non-standard work hours, 
making interpreters available, and providing enrollment and recruitment 
information in widely accessible formats (e.g., hard copy and online in 
multiple languages; as appropriate, large print or braille for visually 
impaired individuals) through widely available and transparent means 
(e.g., online and at community locations).
    (v) How the charter school has engaged or will engage families and 
the community to develop an instructional model to best serve the 
targeted student population and their families, including students with 
disabilities and English learners.
    (5) How the plans for the operation of the charter school will 
support and reflect the needs of students and families in the 
community, including consideration of district or community assets and 
how the school's location, or anticipated location if a facility has 
not been secured, will facilitate access for the targeted student 
population (e.g., access to public transportation or other 
transportation options, the demographics of neighborhoods within 
walking distance of the school, and transportation plans and costs for 
students who are not able to walk or use public transportation to 
access the school).
    (6) A description of the steps the applicant has taken or will take 
to ensure that the proposed charter school (A) would not hamper, delay, 
or negatively affect any desegregation efforts in the community in 
which the charter school would be located and the public school 
districts from which students are, or would be, drawn to attend the 
charter school, including efforts to comply with a court order, 
statutory obligation, or voluntary efforts to create and maintain 
desegregated public schools; and (B) to ensure that the proposed 
charter school would not otherwise increase racial or socio-economic 
segregation or isolation in the schools from which the students are, or 
would be, drawn to attend the charter school. (2022 NFP).
    (iii)(A) A description of how the State entity, in awarding 
subgrants to eligible applicants, will--
    (1) Give priority to eligible applicants that propose projects that 
include the creation, replication, or expansion of a high-quality 
charter school that is developed and implemented--
    (i) With meaningful and ongoing engagement with current or former 
teachers and other educators; and
    (ii) Using a community-centered approach that includes an 
assessment of community assets, informs the development of the charter 
school, and includes the implementation of protocols and practices 
designed to ensure that the charter school will use and interact with 
community assets on an ongoing basis to create and maintain strong 
community ties.
    (B) In its application, an eligible applicant must provide a high-
quality plan that demonstrates how its proposed project would meet the 
requirements in paragraph (G)(6)(iii)(A)(1) of these application 
requirements, accompanied by a timeline for key milestones that span 
the course of planning, development, and implementation of the charter 
school. (2022 NFP).
    (iv) In the case of a State entity that partners with an outside 
organization to carry out the State entity's quality charter school 
program, in whole or in part, a description of the roles and 
responsibilities of the partner (ESEA section 4303(f));
    (v) A description of how the State entity will ensure that each 
charter school receiving funds under the State entity's program has 
considered and planned for the transportation needs of the school's 
students (4303(f));
    (vi) A description of how the State in which the State entity is 
located addresses charter schools in the State's open meetings and open 
records laws (ESEA section 4303(f));
    (vii) A description of how the State entity will support diverse 
charter school models, including models that serve rural communities 
(ESEA section 4303(f));
    (viii) Evidence to support the requested funds and projected 
enrollment, such as explanations regarding the methodology and 
calculations (2022 NFP); and
    (ix) A description, including a timeline, of how the State entity 
will monitor and report on subgrant performance in accordance with 2 
CFR 200.329, and address and mitigate subgrantee risk, including--
    (A) How subgrantees will be selected for in-depth monitoring, 
including factors that indicate higher risk (e.g., charter schools that 
have management contracts with for-profit education management 
organizations, virtual charter schools, and charter schools with a 
history of poor performance);
    (B) How identified subgrantee risk will be addressed;
    (C) How subgrantee expenditures will be monitored;
    (D) How monitors will be trained;
    (E) How monitoring findings will be shared with subgrantees;
    (F) How corrective action plans will be used to resolve monitoring 
findings;
    (G) How the State entity will ensure transparency so that 
monitoring findings and corrective action plans are available to 
families and the public; and
    (H) How the State entity will work with authorized public 
chartering agencies to share information regarding

[[Page 7110]]

the monitoring of subgrantees, including in areas related to fiscal 
protocols and organizational governance, for the purpose of reducing 
the reporting burden on charter schools (2022 NFP).
    (b) Assurances--Assurances by the State entity that--
    (1) Each charter school receiving funds through the State entity's 
program will have a high degree of autonomy over budget and operations, 
including autonomy over personnel decisions (ESEA section 4303(f));
    (2) The State entity will support charter schools in meeting the 
educational needs of their students, including children with 
disabilities and English learners (ESEA section 4303(f));
    (3) The State entity will ensure that the authorized public 
chartering agency of any charter school that receives funds under the 
State entity's program adequately monitors each charter school under 
the authority of such agency in recruiting, enrolling, retaining, and 
meeting the needs of all students, including children with disabilities 
and English learners (ESEA section 4303(f));
    (4) The State entity will provide adequate technical assistance to 
eligible applicants to meet the objectives described in application 
requirement (a)(1)(8) (ESEA section 4303(f));
    (5) The State entity will promote quality authorizing, consistent 
with State law, such as through providing technical assistance to 
support each authorized public chartering agency in the State to 
improve such agency's ability to monitor the charter schools authorized 
by the agency, including by--
    (i) Assessing annual performance data of the schools, including, as 
appropriate, graduation rates, student academic growth, and rates of 
student attrition;
    (ii) Reviewing the schools' independent, annual audits of financial 
statements prepared in accordance with generally accepted accounting 
principles and ensuring that any such audits are publicly reported; and
    (iii) Holding charter schools accountable to the academic, 
financial, and operational quality controls agreed to between the 
charter school and the authorized public chartering agency involved, 
such as renewal, non-renewal, or revocation of the school's charter 
(ESEA section 4303(f));
    (6) The State entity will work to ensure that charter schools are 
included with the traditional public schools in decision-making about 
the public school system in the State (ESEA section 4303(f));
    (7) The State entity will ensure that each charter school receiving 
funds under the State entity's program makes publicly available, 
consistent with the dissemination requirements of the annual State 
report card under section 1111(h) of the ESEA, including on the website 
of the school, information to help parents make informed decisions 
about the education options available to their children, including--
    (i) Information on the educational program;
    (ii) Student support services;
    (iii) Parent contract requirements (as applicable), including any 
financial obligations or fees;
    (iv) Enrollment criteria (as applicable); and
    (v) Annual performance and enrollment data for each of the 
subgroups of students, as defined in section 1111(c)(2) of the ESEA, 
except that such disaggregation of performance and enrollment data must 
not be required in a case in which the number of students in a group is 
insufficient to yield statistically reliable information or the results 
would reveal personally identifiable information about an individual 
student (ESEA section 4303(f)).
    (8) The State Entity will ensure that each charter school receiving 
CSP funding has not and will not enter into a contract with a for-
profit management organization, including a nonprofit management 
organization operated by or on behalf of a for-profit entity, under 
which the management organization, or its related entities, exercises 
full or substantial administrative control over the charter school and, 
thereby, the CSP project (2022 NFP).
    (9) Each charter school receiving CSP funding will provide an 
assurance that any management contract between the charter school and a 
for-profit management organization, including a nonprofit CMO operated 
by or on behalf of a for-profit entity, guarantees or will guarantee 
that--
    (i) The charter school maintains control over all CSP funds, makes 
all programmatic decisions, and directly administers or supervises the 
administration of the subgrant;
    (ii) The management organization does not exercise full or 
substantial administrative control over the charter school (and, 
thereby, the CSP project), except that this does not limit the ability 
of a charter school to enter into a contract with a management 
organization for the provision of services that do not constitute full 
or substantial control of the charter school project funded under the 
CSP (e.g., food services or payroll services) and that otherwise comply 
with statutory and regulatory requirements;
    (iii) The charter school's governing board has access to financial 
and other data pertaining to the charter school, the management 
organization, and any related entities; and
    (iv) The charter school is in compliance with applicable Federal 
and State laws and regulations governing conflicts of interest, and 
there are no actual or perceived conflicts of interest between the 
charter school and the management organization (2022 NFP).
    (10) Each charter school receiving CSP funding will post on its 
website, on an annual basis, a copy of any management contract between 
the charter school and a for-profit management organization, including 
a nonprofit management organization operated by or on behalf of a for-
profit entity, and report information on such contract to the State 
entity, including--
    (i) A copy of the existing contract with the for-profit 
organization or a detailed description of the terms of the contract, 
including the name and contact information of the management 
organization, the cost (i.e., fixed costs and estimates of any ongoing 
cost), including the amount of CSP funds proposed to be used toward 
such cost, and the percentage such cost represents of the charter 
school's total funding, the duration, roles and responsibilities of the 
management organization, and the steps the charter school is taking to 
ensure that it makes all programmatic decisions, maintains control over 
all CSP funds, and directly administers or supervises the 
administration of the grant or subgrant in accordance with 34 CFR 
76.701;
    (ii) A description of any business or financial relationship 
between the charter school developer or CMO and the management 
organization, including payments, contract terms, and any property 
owned, operated, or controlled by the management organization or 
related individuals or entities to be used by the charter school;
    (iii) The names and contact information for each member of the 
governing boards of the charter school and a list of management 
organization's officers, chief administrator, and other administrators, 
and any staff involved in approving or executing the management 
contract; and a description of any actual or perceived conflicts of 
interest, including financial interests, and how the applicant resolved 
or will resolve any actual or perceived conflicts of interest to ensure 
compliance with 2 CFR 200.318(c); and
    (iv) A description of how the charter school ensured that such 
contract is severable and that a change in management companies will 
not cause

[[Page 7111]]

the proposed charter school to close (2022 NFP).
    (11) Each charter school receiving CSP funding will disclose, as 
part of the enrollment process, any policies and requirements (e.g., 
purchasing and wearing specific uniforms and other fees, or 
requirements for family participation), and any services that are or 
are not provided, that could impact a family's ability to enroll or 
remain enrolled in the school (e.g., transportation services or 
participation in the National School Lunch Program) (2022 NFP).
    (12) Each charter school receiving CSP funding will hold or 
participate in a public hearing in the local community in which the 
proposed charter school would be located to obtain information and 
feedback regarding the potential benefit of the charter school, which 
must at least include information about how the proposed charter school 
will increase the availability of high-quality public school options 
for underserved students, promote racial and socio-economic diversity 
in such community or have an educational mission to serve primarily 
underserved students, and not increase racial or socio-economic 
segregation or isolation in the school districts from which students 
would be drawn to attend the charter school (consistent with applicable 
laws). Applicants must ensure that the hearing (and notice thereof) is 
accessible to individuals with disabilities and limited English 
proficient individuals as required by law, actively solicit 
participation in the hearing (i.e., provide widespread and timely 
notice of the hearing), make good faith efforts to accommodate as many 
people as possible (e.g., hold the hearing at a convenient time for 
families or provide virtual participation options), and submit a 
summary of the comments received as part of the application. The 
hearing may be conducted as part of the charter authorizing process, 
provided that it meets the requirements above. (2022 NFP).
    (13) No eligible applicant receiving funds under the State entity's 
program will use implementation funds for a charter school until after 
the charter school has received a charter from an authorized public 
chartering agency and has a contract, lease, mortgage, or other 
documentation indicating that it has a facility in which to operate. 
Consistent with sections 4303(b)(1), 4303(h)(1)(B), and 4310(6) of the 
ESEA, an eligible applicant may use CSP planning funds for post-award 
planning and design of the educational program of a proposed new or 
replicated high-quality charter school that has not yet opened, which 
may include hiring and compensating teachers, school leaders, and 
specialized instructional support personnel; providing training and 
professional development to staff; and other critical planning 
activities that need to occur prior to the charter school opening when 
such costs cannot be met from other sources. (2022 NFP).
    Note: The Department recognizes that the charter approval process 
may exceed the 18-month planning period for CSP grants and subgrants, 
as prescribed under section 4303(d)(1)(B) of the ESEA. In such a case, 
applicants may request approval from the State entity to amend their 
application to request an extension of the 18-month planning period. 
Under section 4303(d)(5) of the ESEA, the Secretary, in his discretion, 
may waive any statutory or regulatory requirement over which he 
exercises administrative authority, except the requirements related to 
the definition of ``charter school'' in section 4310(2), provided that 
the waiver is requested in an approved application and the Secretary 
determines that granting the waiver will promote the purposes of the 
CSP. It is also worth noting that a subgrantee may request approval 
from the State entity to amend its approved application and budget to 
cover additional planning costs that it may incur due to an unexpected 
delay in the charter approval process.
    (14) Within 120 days of the date of any subgrant award 
notifications, the grantee will post on its website a list of the 
charter schools slated to receive CSP funds, including the following 
for each school:
    (i) The name, address, and grades served.
    (ii) A description of the education model.
    (iii) If the charter school has contracted with a for-profit 
management organization, the name of the management organization, the 
amount of CSP funding the management organization will receive from the 
school, and a description of the services to be provided.
    (iv) The award amount, including any funding that has been approved 
for the current year and any additional years of the CSP grant for 
which the school will receive support.
    (v) The grant or subgrant application (redacted as necessary).
    (vi) The peer review materials, including reviewer comments and 
scores (redacted as necessary) from the subgrant competition (2022 
NFP).
    (c) Waivers--Requests for information about waivers, including--
    (1) A request and justification for waivers of any Federal 
statutory or regulatory provisions that the State entity believes are 
necessary for the successful operation of the charter schools that will 
receive funds under the State entity's program under section 4303 of 
the ESEA or, in the case of a State entity that is a charter school 
support organization, a description of how the State entity will work 
with the State to request such necessary waivers, where applicable; and
    (2) A description of any State or local rules, generally applicable 
to public schools, that will be waived or otherwise not apply to such 
schools.
    Definitions: The following definitions are from sections 4303(a), 
4310, and 8101 of the ESEA (20 U.S.C. 7221b(a), 7221i, and 7801); 34 
CFR 77.1; and the 2022 NFP.
    Ambitious means promoting continued, meaningful improvement for 
program participants or for other individuals or entities affected by 
the grant, or representing a significant advancement in the field of 
education research, practices, or methodologies. When used to describe 
a performance target, whether a performance target is ambitious depends 
upon the context of the relevant performance measure and the baseline 
for that measure (34 CFR 77.1).
    Authorized public chartering agency means an SEA, LEA, or other 
public entity that has the authority pursuant to State law and approved 
by the Secretary to authorize or approve a charter school (section 
4310(1) of the ESEA).
    Baseline means the starting point from which performance is 
measured and targets are set (34 CFR 77.1).
    Charter management organization means a nonprofit organization that 
operates or manages a network of charter schools linked by centralized 
support, operations, and oversight (section 4310(3) of the ESEA).
    Charter school means a public school that--
    (1) In accordance with a specific State statute authorizing the 
granting of charters to schools, is exempt 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;

[[Page 7112]]

    (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\
---------------------------------------------------------------------------

    \6\ The Department will apply this element of the definition of 
``charter school'' consistent with applicable U.S. Supreme Court 
precedent, including Trinity Lutheran Church of Columbia, Inc. v. 
Comer, 137 S.Ct. 2012 (2017), Espinoza v. Montana Department of 
Revenue, 140 S.Ct. 2246 (2020), and Carson v. Makin, 142 S.Ct. 1987 
(2022).
---------------------------------------------------------------------------

    (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, the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of GEPA 
(20 U.S.C. 1232g) (commonly referred to as the ``Family Educational 
Rights and Privacy Act of 1974''), and part B of the Individuals with 
Disabilities Education Act (IDEA);
    (8) Is a school to which parents choose to send their children, and 
that--
    (i) Admits students on the basis of a lottery, consistent with 
section 4303(c)(3)(A) of the ESEA, if more students apply for admission 
than can be accommodated; or
    (ii) In the case of a school that has an affiliated charter school 
(such as a school that is part of the same network of schools), 
automatically enrolls students who are enrolled in the immediate prior 
grade level of the affiliated charter school and, for any additional 
student openings or student openings created through regular attrition 
in student enrollment in the affiliated charter school and the 
enrolling school, admits students on the basis of a lottery as 
described in paragraph (i);
    (9) Agrees to comply with the same Federal and State audit 
requirements as do other elementary schools and secondary schools in 
the State, unless such State audit requirements are waived by the 
State;
    (10) Meets all applicable Federal, State, and local health and 
safety requirements;
    (11) Operates in accordance with State law;
    (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; and
    (13) May serve students in early childhood education programs or 
postsecondary students (section 4310(2) of the ESEA).
    Note: Pursuant to the definition of authorized public chartering 
agency in section 4310(1) of the ESEA, for a school to qualify as a 
charter school under section 4310(2) and receive Federal CSP funds, the 
entity that issues the charter or performance contract must be an SEA, 
LEA, or other public entity with authority pursuant to State law to 
approve a charter school.
    Charter school support organization means a nonprofit, 
nongovernmental entity that is not an authorized public chartering 
agency and provides, on a statewide basis--
    (1) Assistance to developers during the planning, program design, 
and initial implementation of a charter school; and
    (2) Technical assistance to operating charter schools (section 
4310(4) of the ESEA).
    Child with a disability means--
    (1) A child (i) with intellectual disabilities, hearing impairments 
(including deafness), speech or language impairments, visual 
impairments (including blindness), serious emotional disturbance 
(referred to as ``emotional disturbance''), orthopedic impairments, 
autism, traumatic brain injury, other health impairments, or specific 
learning disabilities; and (ii) who, by reason thereof, needs special 
education and related services.
    (2) For a child aged 3 through 9 (or any subset of that age range, 
including ages 3 through 5), may, at the discretion of the State and 
the LEA, include a child (i) experiencing developmental delays, as 
defined by the State and as measured by appropriate diagnostic 
instruments and procedures, in one or more of the following areas: 
physical development, cognitive development, communication development, 
social or emotional development, or adaptive development; and (ii) who, 
by reason thereof, needs special education and related services 
(section 8101(4) of the ESEA).
    Community assets means resources that can be identified and 
mobilized to improve conditions in the charter school and community. 
These assets may include--
    (1) Human assets, including capacities, skills, knowledge base, and 
abilities of individuals within a community; and
    (2) Social assets, including networks, organizations, businesses, 
and institutions that exist among and within groups and communities 
(2022 NFP).
    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 
(section 4310(5) of the ESEA).
    Disconnected youth means an individual, between the ages 14 and 24, 
who may be from a low-income background, experiences homelessness, is 
in foster care, is involved in the justice system, or is not working or 
not enrolled in (or at risk of dropping out of) an educational 
institution (2022 NFP).
    Early childhood education program means--
    (1) A Head Start program or an Early Head Start program carried out 
under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant 
or seasonal Head Start program, an Indian Head Start program, or a Head 
Start program or an Early Head Start program that also receives State 
funding;
    (2) A State licensed or regulated child care program; or
    (3) A program that (i) serves children from birth through age 6 
that addresses the children's cognitive (including language, early 
literacy, and early mathematics), social, emotional, and physical 
development; and (ii) is (A) a State prekindergarten program, (B) a 
program authorized under section 619 (20 U.S.C. 1419) or part C of the 
IDEA, or (C) a program operated by an LEA (section 8101(16) of the 
ESEA).
    Educator means an individual who is an early learning educator, 
teacher, principal or other school or district leader, specialized 
instructional support personnel (e.g., school psychologist, counselor, 
school social worker, early intervention service personnel), 
paraprofessional, or faculty (2022 NFP).
    Educationally disadvantaged student means a student in one or more 
of the categories described in section 1115(c)(2) of the ESEA, which 
include children who are economically disadvantaged, children with 
disabilities, migrant students, English learners, neglected or 
delinquent students, homeless students, and students who are in foster 
care (2022 NFP).
    Eligible applicant means a developer that has--
    (1) Applied to an authorized public chartering authority to operate 
a charter school; and
    (2) Provided adequate and timely notice to that authority (section 
4310(6) of the ESEA).

[[Page 7113]]

    English learner, when used with respect to an individual, means an 
individual--
    (1) Who is aged 3 through 21;
    (2) Who is enrolled or preparing to enroll in an elementary school 
or secondary school;
    (3)(i) Who was not born in the United States or whose native 
language is a language other than English;
    (ii)(A) Who is a Native American or Alaska Native, or a native 
resident of the outlying areas; and
    (B) Who comes from an environment where a language other than 
English has had a significant impact on the individual's level of 
English language proficiency; or
    (iii) Who is migratory, whose native language is a language other 
than English, and who comes from an environment where a language other 
than English is dominant; and
    (4) Whose difficulties in speaking, reading, writing, or 
understanding the English language may be sufficient to deny the 
individual--
    (i) The ability to meet the challenging State academic standards;
    (ii) The ability to successfully achieve in classrooms where the 
language of instruction is English; or
    (iii) The opportunity to participate fully in society (section 
8101(20) of the ESEA).
    Expand, when used with respect to a high-quality charter school, 
means to significantly increase enrollment or add one or more grades to 
the high-quality charter school (section 4310(7) of the ESEA).
    High-quality charter school means a charter school that--
    (1) Shows evidence of strong academic results, which may include 
strong student academic growth, as determined by a State;
    (2) Has no significant issues in the areas of student safety, 
financial and operational management, or statutory or regulatory 
compliance;
    (3) Has demonstrated success in significantly increasing student 
academic achievement, including graduation rates where applicable, for 
all students served by the charter school; and
    (4) Has demonstrated success in increasing student academic 
achievement, including graduation rates where applicable, for each of 
the subgroups of students, as defined in section 1111(c)(2) of the 
ESEA, except that such demonstration is not required in a case in which 
the number of students in a group is insufficient to yield 
statistically reliable information or the results would reveal 
personally identifiable information about an individual student 
(section 4310(8) of the ESEA).
    Logic model (also referred to as theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes (34 CFR 77.1).
    Parent includes a legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with whom the child 
lives, or a person who is legally responsible for the child's welfare) 
(section 8101(38) of the ESEA).
    Performance measure means any quantitative indicator, statistic, or 
metric used to gauge program or project performance (34 CFR 77.1).
    Performance target means a level of performance that an applicant 
would seek to meet during the course of a project or as a result of a 
project (34 CFR 77.1).
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers) (34 CFR 
77.1).
    Public as applied to an agency, organization, or institution means 
that the agency, organization, or institution is under the 
administrative supervision or control of a government other than the 
Federal government. (34 CFR 77.1).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program (34 CFR 77.1).
    Replicate, when used with respect to a high-quality charter school, 
means to open a new charter school, or a new campus of a high-quality 
charter school, based on the educational model of an existing high-
quality charter school, under an existing charter or an additional 
charter, if permitted or required by State law (section 4310(9) of the 
ESEA).
    State means each of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and each of the outlying areas (section 
8101(48) of the ESEA).
    State educational agency means the agency primarily responsible for 
the State supervision of public elementary schools and secondary 
schools (section 8101(49) of the ESEA).
    State entity means--
    (1) A State educational agency;
    (2) A State charter school board;
    (3) A Governor of a State; or
    (4) A charter school support organization (section 4303(a) of the 
ESEA).
    Underserved student means a student in one or more of the following 
subgroups:
    (1) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (2) A student of color.
    (3) A student who is a member of a federally recognized Indian 
Tribe.
    (4) An English learner (as defined in section 8101 of the ESEA).
    (5) A child or student with a disability (as defined in section 
8101 of the ESEA).
    (6) A disconnected youth.
    (7) A migrant student.
    (8) A student experiencing homelessness or housing insecurity.
    (9) A student who is in foster care.
    (10) A pregnant, parenting, or caregiving student.
    (11) A student impacted by the justice system, including a formerly 
incarcerated student.
    (12) A student performing significantly below grade level (2022 
NFP).
    Program Authority: Title IV, part C of the ESEA (20 U.S.C. 7221-
7221j).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 76, 77, 79, 81, 82, 84, 
97, 98, and 99. (b) The Office of Management and Budget (OMB) 
Guidelines to Agencies on Governmentwide Debarment and Suspension 
(Nonprocurement) in 2 CFR part 180, as adopted and amended as 
regulations of the Department in 2 CFR part 3485. (c) The Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards in 2 CFR part 200 (Uniform Guidance), as adopted and 
amended as regulations of the Department in 2 CFR part 3474. (d) The 
2022 NFP.
    Note: As of October 1, 2024, grant applicants must follow the 
provisions stated in the updated Uniform Guidance (89 FR 30046, April 
22, 2024) when preparing an application. For more information about 
these regulations please visit: https://www.cfo.gov/resources-coffa/uniform-guidance/.

II. Award Information

    Type of Award: Discretionary grants.

[[Page 7114]]

    Estimated Available Funds: The Administration has requested 
$400,000,000 for the CSP for FY 2025, of which we would use an 
estimated $107,000,000 for new awards under this competition. The 
actual level of funding, if any, depends on final congressional action. 
However, we are inviting applications to allow enough time to complete 
the grant process if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $2,000,000 to $20,000,000 per year.
    Estimated Average Size of Awards: $9,000,000 per year.
    Maximum Award: See section III.4(a) of this notice, Reasonable and 
Necessary Costs, for information regarding the maximum amount of funds 
that State entities may award for each charter school receiving 
subgrant funds.
    Estimated Number of Awards: 4-6.
    Note: The Department is not bound by any estimates in this notice. 
The estimated range and average size of awards are based on a single 
12-month budget period. We may use FY 2025 funds to support multiple 
12-month budget periods for one or more grantees.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Entities: State entities in States with a specific 
State statute authorizing the granting of charters to schools.
    Under section 4303(e)(1) of the ESEA, no State entity may receive a 
grant under this competition for use in a State in which a State entity 
is currently using a CSP State Entity grant. Thus, if multiple State 
entities in a State submit applications that receive high enough scores 
to be recommended for funding under this competition, only the highest 
scoring application among such State entities will be funded. Likewise, 
State entities located in States in which a State entity has a current 
CSP State Entity grant that is not in its final budget period (or is in 
its final budget period, but the grantee plans to request a one-time 
no-cost extension in accordance with 34 CFR 75.261 and 2 CFR 
200.308(g)(2) \7\) (i.e., Arizona, California, Colorado, Connecticut, 
District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, 
Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, 
New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, Rhode Island, 
South Carolina, Tennessee, Texas, Utah, West Virginia, and Wisconsin) 
are ineligible to apply for a CSP State Entity grant under this 
competition.
---------------------------------------------------------------------------

    \7\ Under 34 CFR 75.261, a grantee may extend the project period 
of an award one time for up to 12 months without the prior approval 
of the Department if the grantee meets the requirements for 
extension in 2 CFR 200.308(g)(2), and Department statutes, 
regulations, and the terms of the award do not prohibit the 
extension.
---------------------------------------------------------------------------

    State entities located in States in which a State entity has a 
current CSP State Entity grant that is operating under a no-cost 
extension (i.e., Alabama, Arkansas, Delaware, New Hampshire, and 
Washington), or that is not operating under a no-cost extension but is 
in its final budget period and has notified the Department that it does 
not intend to request a no-cost extension (i.e., Nevada), however, are 
eligible to apply for a CSP State Entity grant under this competition. 
The Department will accept applications from current State entity 
grantees located in these States as well as from State entities located 
in these States that do not have current grants.
    Consistent with section 4303(e)(1), if a State entity is approved 
for a new CSP State Entity grant under this competition for use in a 
State in which a State entity has a current CSP State Entity grant that 
is operating under a no-cost extension (or that is in its final budget 
period and does not request a no-cost extension at least 10 calendar 
days before the end of the performance period specified in the Federal 
award in accordance with 2 CFR 200.308(g)(2)), the current State entity 
grantee must (a) obligate all grant funds; (b) complete all grant and 
subgrant activities; and (c) begin the grant closeout process (i.e., 
liquidating the grant and not incurring new costs) prior to the 
expiration date of the no-cost extension (or the end of the performance 
period for a grantee that is in its final budget period and did not 
request a no-cost extension). In its application, a State entity that 
is applying for a new award and that has a current CSP State Entity 
grant under which the State entity has not yet completed all grant 
activities may request a waiver under section 4303(d)(5) of the ESEA to 
enable it to request a no-cost extension under its current CSP State 
Entity grant (i.e., to complete grant activities) and to apply for a 
new CSP State Entity grant award. Additionally, if a current State 
entity grantee is eligible to apply for a new CSP State Entity grant 
but chooses not to do so, even though it has current subgrantees that 
will be unable to complete their subgrant activities before the current 
State Entity grant expires, another State entity applicant located in 
that State may request a waiver under section 4303(d)(5) of the ESEA to 
enable it to award a second subgrant within a five-year period to 
eligible applicants that previously received a subgrant from the 
current State entity grantee but were unable to complete their subgrant 
activities before the current State Entity grant expired, without 
requiring the eligible applicant to demonstrate three years of improved 
educational results as required under section 4303(e)(2) of the ESEA.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see https://www.ed.gov/about/ed-offices/ofo#Indirect-Cost-Division.
    c. Administrative Cost Limitation: A State entity receiving a grant 
under this section must not reserve more than 3 percent of funds for 
administrative costs, which may include technical assistance (ESEA 
section 4303(c)(1)(C)).
    3. Subgrantees: (a) Under section 4303(b) and (c)(2) of the ESEA, a 
State entity may award subgrants to eligible applicants and technical 
assistance providers.
    (b) Under section 4303(d)(2) of the ESEA, when awarding subgrants 
to eligible applicants, a State entity must use a peer review process 
to review applications.
    Note: An eligible applicant (i.e., charter school developer or 
charter school) in a State in which no State entity has an approved 
grant application under section 4303 of the ESEA may apply for funding 
directly from the Department under the CSP Grants to Charter School 
Developers for the Opening of New Charter Schools and for the 
Replication and Expansion of High-Quality Charter Schools (Developer) 
(ALN numbers 84.282B and 84.282E) program. Additional information about 
the CSP Developer program is available at https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/charter-schools-program-csp-grants-to-charter-school-developers-for-the-opening-of-new-charter-schools-and-for-the-replication-and-expansion-of-high-quality-charter-schools.
    4. Other: (a) Reasonable and Necessary Costs: The Secretary may 
elect to impose maximum limits on the amount of subgrant funds that a 
State entity may award to an eligible applicant per new charter school 
created or replicated, per charter school

[[Page 7115]]

expanded, or per new school seat created.
    For this competition, the maximum amount of subgrant funds a State 
entity may award to a subgrantee per new charter school, replicated 
high-quality charter school, or expanded high-quality charter school 
over a 5-year subgrant period is $2,000,000.
    Note: Applicants must ensure that all costs included in the 
proposed budget are necessary and reasonable to meet 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) Audits: (i) A non-Federal entity that expends $1,000,000 or 
more during the non-Federal entity's fiscal year in Federal awards must 
have a single or program-specific audit conducted for that year in 
accordance with the provisions of 2 CFR part 200. (2 CFR 200.501(a))
    (ii) A non-Federal entity that expends less than $1,000,000 during 
the non-Federal entity's fiscal year in Federal awards is exempt from 
Federal audit requirements for that year, except as noted in 2 CFR 
200.503 (Relation to other audit requirements), but records must be 
available for review or audit by appropriate officials of the Federal 
agency, pass-through entity, and Government Accountability Office. (2 
CFR 200.501(d)).

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on December 23, 2024 (89 FR 104528) and available at https://www.federalregister.gov/documents/2024/12/23/2024-30488/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the CSP State Entity 
grant competition, your application may include business information 
that you consider proprietary. In 34 CFR 5.11, we define ``business 
information'' and describe the process we use in determining whether 
any of that information is proprietary and, thus, protected from 
disclosure under Exemption 4 of the Freedom of Information Act (5 
U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600 (Predisclosure Notification 
Procedures for Confidential Commercial Information), please designate 
in your application any information that you believe is exempt from 
disclosure under Exemption 4. In the appropriate Appendix section of 
your application, under ``Other Attachments Form,'' please list the 
page number or numbers on which we can find this information. For 
additional information, please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition.
    4. Funding Restrictions: In accordance with section 4303(c) of the 
ESEA, a State entity receiving a grant under this program must: (a) use 
not less than 90 percent of the grant funds to award subgrants to 
eligible applicants, in accordance with the quality charter school 
program described in the State entity's application pursuant to section 
4303(f), for activities related to opening and preparing for the 
operation of new charter schools and replicated high-quality charter 
schools, or expanding high-quality charter schools; (b) reserve not 
less than 7 percent of the grant funds to provide technical assistance 
to eligible applicants and authorized public chartering agencies in 
carrying out such activities, and to work with authorized public 
chartering agencies in the State to improve authorizing quality, 
including developing capacity for, and conducting, fiscal oversight and 
auditing of charter schools; and (c) reserve not more than 3 percent of 
the grant funds for administrative costs, which may include technical 
assistance. The State entity's application should include a description 
of the State entity's objectives in providing technical assistance to 
eligible applicants and authorized public chartering agencies under 
section 4303(b)(2) of the ESEA, and the activities identified to 
provide such technical assistance, including any activities related to 
serving students with disabilities and English learners. A State entity 
may use a grant received under this program to provide technical 
assistance and to work with authorized public chartering agencies to 
improve authorizing quality under section 4303(b)(2) of the ESEA 
directly or through grants, contracts, or cooperative agreements.
    Limitation on Grants and Subgrants: Under section 4303(d) of the 
ESEA, a grant awarded by the Secretary to a State entity under this 
competition must be for a period of not more than 5 years.
    A subgrant awarded by a State entity under this program must be for 
a period of not more than 5 years, of which an eligible applicant may 
use not more than 18 months for planning and program design. An 
eligible applicant may not receive more than one subgrant under this 
program for each individual charter school for a 5-year period, unless 
the eligible applicant demonstrates to the State entity that such 
individual charter school has at least 3 years of improved educational 
results for students enrolled in such charter school, with respect to 
the elements described in section 4310(8)(A) and (D) of the ESEA.\8\
---------------------------------------------------------------------------

    \8\ Section 4303(e)(2) of the ESEA prescribes the circumstances 
under which an eligible applicant may be eligible to apply to a 
State entity for a second subgrant for an individual charter school 
for a 5-year period. The eligible applicant still would have to meet 
all program requirements, including the requirements for replicating 
or expanding a high-quality charter school.
---------------------------------------------------------------------------

    Other CSP Grants: A charter school that previously received funds 
for opening or preparing to operate a new charter school, or 
replicating or expanding a high-quality charter school, under the CSP 
State Entity program (ALN number 84.282A), the CSP Grants to Charter 
Management Organizations for the Replication and Expansion of High-
Quality Charter Schools (CMO) program (ALN number 84.282M), or the CSP 
Developer program (ALN numbers 84.282B and 84.282E), may not use funds 
under this program to carry out the same or substantially similar 
activities. However, such charter school may be eligible to receive 
funds under this competition to expand the charter school beyond the 
existing grade levels or student count.
    Likewise, a charter school that previously was awarded a subgrant 
by a State entity under this program (or the former CSP Grants for 
State Educational Agencies program) is ineligible to receive funds to 
carry out the same activities under the CMO program (ALN number 
84.282M) or Developer program (ALN numbers 84.282B and 84.282E), 
including for opening or preparing to operate a new charter school, or 
for replication or expansion.
    Uses of Subgrant Funds: Under section 4303(b) of the ESEA, State 
entities awarded grants under this competition must award subgrants to

[[Page 7116]]

eligible applicants to enable such eligible applicants to--
    (a) Open and prepare for the operation of new charter schools;
    (b) Open and prepare for the operation of replicated high-quality 
charter schools; or
    (c) Expand high-quality charter schools.
    Under section 4303(h) of the ESEA, an eligible applicant receiving 
a subgrant under this program must use such funds to support activities 
related to opening and preparing for the operation of new charter 
schools or replicating or expanding high-quality charter schools, which 
must include one or more of the following:
    (a) Preparing teachers, school leaders, and specialized 
instructional support personnel, including through paying costs 
associated with--
    (i) Providing professional development; and
    (ii) Hiring and compensating, during the eligible applicant's 
planning period specified in the application for subgrant funds, one or 
more of the following:
    (A) Teachers.
    (B) School leaders.
    (C) Specialized instructional support personnel.
    (b) Acquiring supplies, training, equipment (including technology), 
and educational materials (including developing and acquiring 
instructional materials).
    (c) Carrying out necessary renovations to ensure that a new school 
building complies with applicable statutes and regulations, and minor 
facilities repairs (excluding construction).
    (d) Providing one-time, startup costs associated with providing 
transportation to students to and from the charter school.
    (e) Carrying out community engagement activities, which may include 
paying the cost of student and staff recruitment.
    (f) Providing for other appropriate, non-sustained costs related to 
opening, replicating, or expanding high-quality charter schools when 
such costs cannot be met from other sources.
    Diversity of Projects: Per section 4303(d)(4) of the ESEA, each 
State entity awarding subgrants under this competition must award 
subgrants in a manner that, to the extent practicable and applicable, 
ensures that such subgrants--
    (a) Are distributed throughout different areas, including urban, 
suburban, and rural areas; and
    (b) Will assist charter schools representing a variety of 
educational approaches.
    Award Basis: In determining whether to approve a grant award and 
the amount of such award, the Department will consider, among other 
things, the applicant's performance and use of funds under a previous 
or existing award under any Department program (34 CFR 
75.217(d)(3)(ii)) and any other financial resources available to the 
applicant (34 CFR 75.233(b)). In assessing the applicant's performance 
and use of funds under a previous or existing award, the Secretary will 
consider, among other things, the outcomes the applicant has achieved 
and the results of any Departmental grant monitoring, including the 
applicant's progress in remedying any deficiencies identified in such 
monitoring.
    We reference additional regulations outlining funding restrictions 
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit and English Language Requirement: The 
application narrative (Part III of the application) is where you, the 
applicant, address the priorities, selection criteria, and application 
requirements that reviewers use to evaluate your application. We 
recommend that you (1) limit the application narrative to no more than 
60 pages and (2) use 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.
    Applications must be in English, and peer reviewers will only 
consider supporting documents submitted with the application that are 
in English.
    The recommended 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 recommended page limit does apply to all of the 
application narrative.
    6. Pre-Application Webinar Information: The Department will hold a 
pre-application meeting via webinar designed to provide technical 
assistance to interested applicants. Detailed information regarding 
this webinar will be provided at https://www.ed.gov/grants-and-programs/grants-birth-grade-12/charter-school-programs/expanding-opportunities-through-quality-charter-schools-program-csp-grants-to-state-entities, on the FY 2025 SE Grant Competition tab. There is no 
registration fee for attending this meeting.
    For further information about the pre-application meeting, contact 
Sareeta Schmitt, U.S. Department of Education, 400 Maryland Avenue SW, 
Washington, DC 20202-5970. Telephone: (202) 205-0730. Email: 
[email protected].

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from section 4303(g)(1) of the ESEA (20 U.S.C. 7221b(g)(1)), the 
2022 NFP, and 34 CFR 75.210. The maximum possible total score an 
application can receive for addressing the criteria is 100 points. The 
maximum possible score for addressing each criterion is indicated in 
parentheses following the criterion.
    (a) Quality of the Project Design (up to 35 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:
    (1) The quality of the logic model or other conceptual framework 
underlying the proposed project, including how inputs are related to 
outcomes. (34 CFR 75.210) (up to 5 points);
    (2) The extent to which the methods of evaluation or other 
evidence-building include the use of objective performance measures 
that are clearly related to the intended outcomes of the project and 
will produce quality data that are quantitative and qualitative. (34 
CFR 75.210) (up to 5 points);
    (3) The ambitiousness of the State entity's objectives for the 
quality charter school program carried out under the CSP State Entity 
program (section 4303(g)(1)(B) of the ESEA (20 U.S.C. 7221b(g)(1)(B)) 
(up to 5 points);
    (4) The extent to which the projected number of subgrant awards for 
each grant project year is supported by evidence of demand and need, 
and the extent to which the proposed average subgrant award amount is 
supported by evidence of the need of applicants (2022 NFP) (up to 20 
points).
    (b) Quality of Eligible Applicants Receiving Subgrants (up to 15 
points): The likelihood that the eligible applicants receiving 
subgrants under the program will meet the State entity's objectives for 
the quality charter school program and improve educational results for 
students (section 4303(g)(1)(C) (20 U.S.C. 7221b(g)(1)(C))).

[[Page 7117]]

    (c) State Plan (up to 35 points): The State entity's plan to--
    (1) Adequately monitor the eligible applicants receiving subgrants 
under the State entity's program (section 4303(g)(1)(D)(i) (20 U.S.C. 
7221b(g)(1)(D)(i))) (up to 10 points);
    (2) Work with the authorized public chartering agencies involved to 
avoid duplication of work for the charter schools and authorized public 
chartering agencies (section 4303(g)(1)(D)(ii) (20 U.S.C. 
7221b(g)(1)(D)(ii))) (up to 5 points);
    (3) Provide technical assistance and support for--
    (i) The eligible applicants receiving subgrants under the State 
entity's program; and
    (ii) Quality authorizing efforts in the State (section 
4303(g)(1)(D)(iii) of ESEA (20 U.S.C. 7221b(g)(1)(D)(iii))) (up to 10 
points);
    (4) The State entity's plan to solicit and consider input from 
parents and other members of the community on the implementation and 
operation of charter schools in the State (section 4303(g)(1)(E) of 
ESEA (20 U.S.C. 7221b(g)(1)(E))) (up to 5 points); and
    (5) The degree of flexibility afforded by the State's charter 
school law and how the State entity will work to maximize the 
flexibility provided to charter schools under such law (section 
4303(g)(1)(A) of ESEA (20 U.S.C. 7221b(g)(1)(A))) (up to 5 points).
    (d) Quality of the Management Plan (up to 15 points). The Secretary 
considers the quality of the management plan for the proposed project. 
In determining the quality of the management plan for the proposed 
project, the Secretary considers:
    (1) The feasibility of the management plan to achieve project 
objectives and goals on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (34 CFR 75.210) (up to 10 points);
    (2) The adequacy of plans for ensuring the use of quantitative and 
qualitative data, including meaningful community member and partner 
input, to inform continuous improvement in the operation of the 
proposed project (34 CFR 75.210) (up to 3 points); and
    (3) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(34 CFR 75.210) (up to 2 points).
    2. 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, completion of grant activities, 
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 
requires various assurances, 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).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition, the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk 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 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

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); or we may send you an email containing a link to 
access an electronic version of your GAN. We also may 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. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements, please refer to 2 CFR 
3474.20.
    4. 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. See the standards in 
2 CFR 170.105 to determine whether you are covered by 2 CFR part 170.
    (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 multiyear award, you must

[[Page 7118]]

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, including a description of the State 
entity's objectives in providing technical assistance to eligible 
applicants and authorized public chartering agencies under section 
4303(b)(2) of the ESEA, and the activities identified to provide such 
technical assistance, including any activities related to serving 
students with disabilities and English learners; and the impact of the 
State entity's actions or, if no known impact, an explanation of why. 
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.
    (c) In accordance with section 4303(i) of the ESEA, each State 
entity receiving a grant under this section must submit to the 
Secretary, at the end of the third year of the 5-year grant period (or 
at the end of the second year if the grant period is less than 5 
years), and at the end of such grant period, a report that includes the 
following:
    (1) The number of students served by each subgrant awarded under 
this section and, if applicable, the number of new students served 
during each year of the period of the subgrant.
    (2) A description of how the State entity met the objectives of the 
quality charter school program described in the State entity's 
application, including--
    (A) How the State entity met the objective of sharing best and 
promising practices as outlined in section 4303(f)(1)(A)(ix) of the 
ESEA in areas such as instruction, professional development, curricula 
development, and operations between charter schools and other public 
schools; and
    (B) If known, the extent to which such practices were adopted and 
implemented by such other public schools.
    (3) The number and amount of subgrants awarded under this program 
to carry out activities described in section 4303(b)(1)(A) through (C) 
of the ESEA.
    (4) A description of--
    (A) How the State entity complied with, and ensured that eligible 
applicants complied with, the assurances included in the State entity's 
application; and
    (B) How the State entity worked with authorized public chartering 
agencies, and how the agencies worked with the management company or 
leadership of the schools that received subgrant funds under this 
program, if applicable.
    (d) Under 34 CFR 75.254, the Secretary may provide a grantee with 
additional funding for data collection, analysis, and reporting. In 
this case, the Secretary establishes a data collection period.
    5. Performance Measures: The Department has developed the following 
performance measures for the purposes of the Department reporting under 
34 CFR 75.110:
    (a) Program Performance Measures. (1) The performance indicators 
for this program are: (i) The number of charter schools in operation 
around the Nation, and (ii) the percentage of fourth- and eighth-grade 
charter school students who are achieving at or above the proficient 
level on State assessments in mathematics and reading/language arts. 
Additionally, the Secretary has established the following measure to 
examine the efficiency of the CSP: the Federal cost per student in 
implementing a successful school (defined as a school in operation for 
three or more consecutive years).
    (2) In accordance with 34.CFR 75.110(b), applications must 
describe:
    (i) The data collection and reporting methods the applicant would 
use and why those methods are likely to yield reliable, valid, and 
meaningful performance data.
    (ii) The applicant's capacity to collect and report reliable, 
valid, and meaningful performance data, as evidenced by high-quality 
data collection, analysis, and reporting in other projects or research.
    (b) Project-Specific Performance Measures. Applicants must propose 
project-specific performance measures and performance targets 
consistent with the objectives of the proposed project. In accordance 
with 34 CFR 75.110(c), applications must include the following:
    (1) Project-specific performance measures. How each proposed 
project-specific performance measure would: accurately measure the 
performance of the project; be consistent with the program performance 
measures established under paragraph (a) of this section; and be used 
to inform continuous improvement of the project.
    (2) Baseline data. (i) Why each proposed baseline is valid and 
reliable, including an assessment of the quality data used to establish 
the baseline; or (ii) if the applicant has determined that there are no 
established baseline data for a particular performance measure, an 
explanation of why there is no established baseline and of how and 
when, during the project period, the applicant would establish a valid 
baseline for the performance measure.
    (3) Performance targets. Why each proposed performance target is 
ambitious yet achievable compared to the baseline for the performance 
measure and when, during the project period, the applicant would meet 
the performance target(s).
    All grantees must submit an annual performance report with 
information that is responsive to these performance measures.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, 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).
    7. Project Directors' Meeting: Applicants approved for funding 
under this competition must attend a meeting for project directors at a 
location to be determined in the continental United States during each 
year of the project. Applicants may include, if applicable, the cost of 
attending these meetings in their proposed budgets as allowable 
administrative costs.
    8. Technical Assistance: Applicants approved for funding under this 
competition will be required to participate in all general and certain 
specified technical assistance offerings, to include but not limited 
to, project directors' meetings and other on-site gatherings sponsored 
by the Department and its contracted technical assistance providers and 
partners throughout the life of the grant.

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3

[[Page 7119]]

file, braille, large print, audiotape, compact disc, or other 
accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at: www.govinfo.gov. At this site, you can view 
this document, as well as all other Department documents published in 
the Federal Register, in text or Portable Document Format (PDF). To use 
PDF, you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access Department documents 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.

Adam Schott,
Principal Deputy Assistant Secretary, Delegated the Authority to 
Perform the Functions and Duties of the Assistant Secretary, Office of 
Elementary and Secondary Education.
[FR Doc. 2025-01380 Filed 1-16-25; 11:15 am]
BILLING CODE 4000-01-P
```