24744 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Notices

DEPARTMENT OF EDUCATION

[CFDA No.: 84.282A]

Public Charter Schools Program,

Notice Inviting Applications for New

Awards for Fiscal Year (FY) 1995

Purpose of Program: The purpose of

the Public Charter Schools program is to

increase understanding of the charter

schools model by providing financial

assistance for the design and initial

implementation of charter schools.

Eligible Applicants: State educational

agencies (SEAs) that have the authority

under State law to authorize or approve

a charter school, and, if such an SEA

elects not to participate in this program,

eligible applicants, as defined in this

notice, that serve these States. Each

eligible applicant that is not an SEA and

desires to participate in this competition

is responsible for finding out if the SEA

in its State is applying for a grant under

this program. An eligible applicant that

is not an SEA that plans to participate

in this competition must submit an

application in partnership with a

developer—as defined in this notice.

Note: If an eligible SEA applies but does

not have an application approved under this

competition, the Secretary may issue a

separate notice at a later date inviting eligible

applicants that are not SEAs and that serve

such State or States to apply directly to the

Secretary for a grant to plan and implement

a charter school.

Deadline for Transmittal of

Applications: June 16, 1995.

Deadline for Intergovernmental

Review: August 15, 1995.

Applications Available: May 15, 1995.

Available Funds: $5,400,000.

Estimated Range of Awards: State

educational agencies: $50,000-

$750,000; other eligible applicants:

$10,000-$200,000.

Estimated Average Size of Awards:

State educational agencies: $500,000;

other eligible applicants: $50,000.

Estimated Number of Awards: State

educational agencies: 5–11; other

eligible applicants: 3–20.

Note: The Department is not bound by any

estimates in this notice.

Project Period: State educational

agencies: Up to 36 months. Other

eligible applicants: Grants awarded by

the Secretary to eligible applicants or

subgrants awarded by SEAs to eligible

applicants will be awarded for a period

of up to 36 months, of which the eligible

applicant may use—

(a) Not more than 18 months for

planning and program design; and

(b) Not more than two years for the

initial implementation of a charter

school.

Applicable Regulations: The

Education Department General

Administrative Regulations (EDGAR) in

34 CFR Parts 75 (except 75.210), 77, 79,

80, 81, 82, 85 and 86.

SUPPLEMENTARY INFORMATION: A part

of wider efforts to enhance flexibility in

order to strengthen teaching and

learning, charter schools represent an

innovative approach to improving

public education. Public charter schools

are freed from most statutory and

regulatory requirements in exchange for

better student academic achievement.

The idea is to replace rules-based

governance with performance-based

accountability, thereby stimulating the

creativity and commitment of teachers,

parents, students, and citizens.

Definitions

As used in this program—

(a) The term ‘‘charter school’’ means

a public school that—

(1) In accordance with an enabling

State statute, is exempted from

significant State or local rules that

inhibit the flexible operation and

management of public schools, but not

from any rules relating to the other

requirements of this definition;

(2) Is created by a developer as a

public school, or is adapted by a

developer from an existing public

school, and is operated under public

supervision and direction;

(3) Operates in pursuit of a specific

set of educational objectives determined

by the school’s developer and agreed to

by the authorized public chartering

agency;

(4) Provides a program of elementary

or secondary education, or both;

(5) Is nonsectarian in its programs,

admissions policies, employment

practices, and all other operations, and

is not affiliated with a sectarian school

or religious institution;

(6) Does not charge tuition;

(7) Complies with the Age

Discrimination Act of 1975, title VI of

the Civil Rights Act of 1964, title IX of

the Education Amendments of 1972,

section 504 of the Rehabilitation Act of

1973, and part B of the Individuals With

Disabilities Education Act;

(8) Admits students on the basis of a

lottery, if more students apply for

admission than can be accommodated;

(9) Agrees to comply with the same

Federal and State audit requirements as

do other elementary and secondary

schools in the State, unless the

requirements are specifically waived for

the purposes of this program;

(10) Meets all applicable Federal,

State, and local health and safety

requirements; and

(11) Operates in accordance with

State law.

(b) The term ‘‘developer’’ means an

individual or group of individuals

(including a public or private nonprofit

organization), which may include

teachers, administrators and other

school staff, parents, or other members

of the local community in which a

charter school project will be carried

out.

(c) The term ‘‘eligible applicant’’

means an authorized public chartering

agency participating in a partnership

with a developer to establish a charter

school in accordance with this program.

(d) The term ‘‘authorized public

chartering agency’’ means a State

educational agency, local educational

agency, or other public entity that has

the authority under State law and

approved by the Secretary to authorize

or approve a charter school.

Contents of a State Educational Agency

Application

Each SEA application shall—

(a) Describe the objectives of the

SEA’s charter school grant program and

how those objectives will be fulfilled,

including steps taken by the SEA to

inform teachers, parents, and

communities of the SEA’s charter school

grant program;

(b) Contain assurances that the SEA

will require each eligible applicant

desiring to receive a subgrant to submit

an application to the SEA containing—

(1) A description of the educational

program to be implemented by the

proposed charter school, including (A)

how the program will enable all

students to meet challenging State

student performance standards; (B) the

grade levels or ages of children to be

served; and (C) the curriculum and

instructional practices to be used;

(2) A description of how the charter

school will be managed;

(3) A description of (A) the objectives

of the charter school; and (B) the

methods by which the charter school

will determine its progress toward

achieving those objectives;

(4) A description of the administrative

relationship between the charter school

and the authorized public chartering

agency;

(5) A description of how parents and

other members of the community will

be involved in the design and

implementation of the charter school;

(6) A description of how the

authorized public chartering agency will

provide for continued operation of the

school once the Federal grant has

expired, if the agency determines that

the school has met the objectives

described in subparagraph (3)(A);
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Notices 24745

(7) A request and justification for

waivers of any Federal statutory or

regulatory provisions, except Federal

civil rights laws, that the applicant

believes are necessary for the successful

operation of the charter school, and a

description of any State or local rules,

generally applicable to public schools,

that will be waived for, or otherwise not

apply to, the school;

(8) A description of how the subgrant

funds will be used, including a

description of how these funds will be

used in conjunction with other Federal

programs administered by the Secretary;

(9) A description of how students in

the community will be (A) informed

about the charter school; and (B) given

an equal opportunity to attend the

charter school;

(10) An assurance that the eligible

applicant will annually provide the

Secretary and the SEA information as

may be required to determine if the

charter school is making satisfactory

progress toward achieving the objectives

described in subparagraph (3)(A);

(11) An assurance that the applicant

will cooperate with the Secretary and

the SEA in evaluating the charter school

assisted under this program; and

(12) Other information and assurances

as the Secretary and the SEA may

require;

(c) Contain assurances that the SEA

will—

(1) Award subgrants under this

program in a manner that, to the extent

possible, subgrants are distributed

throughout different areas of the State,

including urban and rural areas;

(2) Assist charter schools representing

a variety of educational approaches,

such as approaches to reduce school

size;

(3) Use the grant funds to award

subgrants to one or more eligible

applicants in the State to enable the

applicant to plan and implement a

charter school in accordance with this

program; and

(4) Use a peer review process to

review applications for subgrants;

(d) If an SEA elects to reserve part of

the grant funds for the establishment of

a revolving loan fund as allowed under

this program, describe how the

revolving loan fund would operate; and

(e) If an SEA desires the Secretary to

consider waivers under the authority of

this program, contain—

(1) a request and justification for

waivers of any Federal statutory or

regulatory provisions that the SEA

believes are necessary for the successful

operation of a charter school, and

(2) a description of any State or local

rules, generally applicable to public

schools, that will be waived for, or

otherwise not apply to, a charter school.

Contents of a non-SEA Application

Each application submitted to the

Secretary by an eligible applicant that is

not an SEA shall contain—

(a) The information and assurances

described in (b) (1) through (12) under

the section ‘‘Contents of a State

Educational Agency Application,’’

except that subparagraphs (10), (11), and

(12) shall be applied by striking ‘‘and

the SEA’’ where this phrase appears;

(b) Assurances that the SEA—

(1) Will grant, or will obtain, waivers

of State statutory or regulatory

requirements; and

(2) Will assist each eligible applicant

in the State in receiving applicable

waivers; and

(c) Assurance that the eligible

applicant will use the funds to plan and

implement a charter school in

accordance with this program.

Selection Criteria for SEAs

The maximum score for all of the

criteria in this section is 100 points. The

maximum score for each criterion is

indicated in parentheses with the

criterion. In evaluating an application

from an SEA the Secretary will consider

the following factors:

(a) The contribution that the charter

schools grant program will make to

assisting educationally disadvantaged

and other students to achieve State

content standards and State student

performance standards and, in general,

a State’s education improvement plan

(20 points);

(b) The degree of flexibility afforded

by the SEA to charter schools under the

State’s charter schools law (20 points);

(c) The ambitiousness of the

objectives for the State charter school

grant program (20 points);

(d) The quality of the strategy for

assessing achievement of those

objectives (20 points); and

(e) The likelihood that the charter

school grant program will meet those

objectives and improve educational

results for students (20 points).

Selection Criteria for non-SEA Eligible

Applicants

The maximum score for all of the

criteria in this section is 120 points. The

maximum score for each criterion is

indicated in parentheses with the

criterion. In evaluating an application

from an eligible applicant other than an

SEA the Secretary will consider the

following factors:

(a) The quality of the proposed

curriculum and instructional practices

(20 points);

(b) The degree of flexibility afforded

by the SEA and, if applicable, the local

educational agency, to the charter

school (20 points);

(c) The extent of community support

for the application (20 points);

(d) The ambitiousness of the

objectives for the charter school (20

points);

(e) The quality of the strategy for

assessing achievement of those

objectives (20 points); and

(f) The likelihood that the charter

school will meet those objectives and

improve educational results for students

(20 points).

Diversity of Projects

The Secretary will ensure that

grants—

(a) Are distributed throughout

different areas of the Nation and each

State, including urban and rural areas;

and

(b) Will assist charter schools

representing a variety of educational

approaches, such as approaches

designed to reduce school size.

Empowerment Zones and Enterprise

Communities

The Secretary especially invites

applications that address linkages

between charter school initiatives and

any comprehensive educational

improvement strategies of

Empowerment Zones and Enterprise

Communities designated by the

Departments of Agriculture or Housing

and Urban Development.

Waivers

The Secretary may waive any

statutory or regulatory requirement over

which the Secretary exercises

administrative authority except any

requirement relating to the elements of

a charter school, as defined above, if—

(a) The waiver is requested in an

approved application under this

program; and

(b) The Secretary determines that

granting such a waiver will promote the

purposes of this program.

The Secretary strongly urges

applicants to provide the public with

notice and an opportunity to comment

on waiver requests. In addition, the

Secretary has determined, as a matter of

policy, that waivers of Title II of the

Americans with Disabilities Act of 1990

will not be granted.

Allowable Activities

An eligible applicant receiving a grant

or subgrant under this program may use

the grant or subgrant funds only for—

(a) Post-award planning and design of

the educational program, which may
24746 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Notices

include (1) refinement of the desired

educational results and of the methods

for measuring progress toward achieving

those results; and (2) professional

development of teachers and other staff

who will work in the charter school;

and

(b) Initial implementation of the

charter school, which may include (1)

informing the community about the

school; (2) acquiring necessary

equipment and educational materials

and supplies; (3) acquiring or

developing curriculum materials; and

(4) other initial operating costs that

cannot be met from State or local

sources.

Administrative Expenses

Each SEA receiving a grant under this

program may reserve not more than five

percent of the grant for administrative

expenses related to the charter school

grant program assisted under this

program.

Revolving Loan Funds

Each SEA receiving a grant under this

program may reserve not more than 20

percent of the grant amount for the

establishment of a revolving loan fund,

which the SEA would use to make loans

to its subgrantees to defray initial

operating costs of the charter school.

For Applications or Information

Contact: John Fiegel, U.S. Department of

Education, 600 Independence Avenue,

SW., Portals Room 4504D, Washington,

DC. 20202–6140. Telephone (202) 260–

2671. Internet John—Fiegel@ED.Gov.

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

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

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

Monday through Friday.

Information about the Department’s

funding opportunities, including copies

of application notices for discretionary

grant competitions, can be viewed on

the Department’s electronic bulletin

board (ED Board), telephone (202) 260–

9950; or on the Internet Gopher Server

at GOPHER.ED.GOV (under

Announcements, Bulletins, and Press

Releases). However, the official

application notice for a discretionary

grant competition is the notice

published in the Federal Register.

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

Dated: May 1, 1995.

Thomas W. Payzant,

Assistant Secretary Elementary and

Secondary Education.

[FR Doc. 95–11346 Filed 5–8–95; 8:45 am]

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