40204 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 

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) 2022 for CSP Grants 

to State Entities, Assistance Listing 

Number (ALN) number 84.282A. 

DATES: 

Applications Available: July 6, 2022. 

Deadline for Transmittal of 

Applications: August 5, 2022. 

Deadline for Intergovernmental 

Review: September 6, 2022. 

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 27, 2021 

(86 FR 73264), and available at 

www.federalregister.gov/d/2021-27979. 

Please note that these Common 

Instructions supersede the version 

published on February 13, 2019, and, in 

part, describe the transition from the 

requirement to register in SAM.gov, a 

Data Universal Numbering System 

(DUNS) number, to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

FOR FURTHER INFORMATION CONTACT: Jill 

Gaitens, U.S. Department of Education, 

400 Maryland Avenue SW, Washington, 

DC 20202–5970. Telephone: (202) 205– 

1224. Email: FY2022_SE_Competition@

ed.gov. 

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 that, in 

turn, award subgrants to eligible 

applicants for the purpose of opening 

new charter schools and replicating 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 

new charter schools and replicating 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(d). 

The CSP State Entity program 

provides financial assistance to State 

entities to support charter schools that 

serve elementary and secondary school 

students in a given State. Charter 

schools receiving funds under the CSP 

State Entity program also may serve 

students in early childhood education 

programs or postsecondary students. 

Background: The major purposes of 

the CSP are to expand opportunities for 

all students, particularly traditionally 

underserved students, to attend 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. 

We have published elsewhere in this 

issue of the Federal Register a notice of 

final priorities, requirements, 

definitions, and selection criteria (2022 

NFP) for use in this and future State 

Entity program competitions. The 2022 

NFP supplements the program statute 

and is intended to help ensure the 

creation, replication, and expansion of 

high-quality charter schools that 

promote positive student outcomes, 

educator and community 

empowerment, and promising practices; 

and to promote school diversity. We 

also seek to promote greater fiscal and 

operational transparency and 

accountability for CSP-funded charter 

schools. In addition, and based on our 

experiences administering the CSP, we 

believe the application requirements 

and assurances associated with subgrant 

monitoring and the review of subgrant 

applications will 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 increase access to 

high-quality, diverse, and equitable 

learning opportunities in their 

communities, which should be a goal of 

all public schools. 

Priorities: This notice includes one 

absolute priority, five competitive 

preference priorities, and one 

invitational priority. In accordance with 

34 CFR 75.105(b)(2)(ii), the absolute 

priority and competitive preference 

priorities 1–5 are from section 

4303(g)(2) of the ESEA (20 U.S.C. 

7221b(g)(2)). 

Absolute Priority: For FY 2022 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, an applicant 

must demonstrate that the State entity 

has taken steps to ensure that all 

authorized public chartering agencies 

implement best practices for charter 

school authorizing. 

Competitive Preference Priorities: For 

FY 2022 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; 

2 additional points to an application 

that meets Competitive Preference 

Priority 2; 1 additional point to an 

application that meets Competitive 

Preference Priority 3; up to 3 additional 

points to an application that meets 

Competitive Preference Priority 4; and 

up to 3 additional points to an 

application that meets Competitive 

Preference Priority 5. 

Applicants must identify on 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 the competitive preference 

priority points. The Department will not 

review or award points for any 


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competitive preference priority for an 

application that fails to clearly identify 

the competitive preference priority or 

priorities it wishes the Department to 

consider for purposes of earning the 

competitive preference priority points. 

An application may receive a total of up 

to 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 

points). 

To meet this priority, an applicant 

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, an applicant must 

demonstrate the extent to which the 

State in which the State entity is located 

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 (0 or 1 point). 

To meet this priority, an applicant 

must demonstrate that the State entity 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 3 

points). 

To be eligible to receive points under 

this priority, an applicant must 

demonstrate the extent to which the 

State in which the State entity is located 

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, an applicant must 

demonstrate the extent to which the 

State entity supports charter schools 

that serve at-risk students through 

activities such as dropout prevention, 

dropout recovery, or comprehensive 

career counseling services. 

Invitational Priority: For FY 2022 and 

any subsequent year in which we make 

awards from the list of unfunded 

applications from this competition, this 

priority is an invitational priority. 

Under 34 CFR 75.105(c)(1), we do not 

give an application that meets this 

invitational priority any preference over 

other applications. 

This priority is: 

Invitational Priority—Collaborations 

between Charter Schools and 

Traditional Public Schools or Districts 

that Benefit Students and Families 

across Schools. 

(a) The Secretary is particularly 

interested in funding applications that 

propose to encourage, but not require, 

eligible applicants 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, costsharing 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); or 

(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 


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1 In accordance with 34 CFR 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. 

to begin, whichever is later, provide 

evidence of participation in the 

collaboration (which may include, but is 

not required to include, an MOU). 

Application Requirements: 

These 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 application 

requirements, applicants must clearly 

identify which application requirement 

they are addressing. An applicant must 

address 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; requirement (a)(8) in its 

response to paragraph (a)(4) of the 

Quality of the Project Design selection 

criterion; 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; requirements 

(a)(1)(vi), (a)(1)(x), and (a)(9) in its 

response to paragraph (c)(1) of the State 

Plan selection criterion; requirements 

(a)(1)(iii), (a)(1)(iv), (a)(1)(viii), and 

(a)(1)(xi) in its response to paragraph 

(c)(3) of the State Plan selection 

criterion; and requirement (a)(4) in its 

response to paragraph (d)(1) of the 

Quality of the Management Plan 

selection criterion. An applicant must 

respond to the 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 highquality 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) (4303(f)); 

(ii) Inform eligible charter schools, 

developers, and authorized public 

chartering agencies of the availability of 

funds under the program (4303(f)); 

(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 (4303(f)); 

(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 (4303(f)); 

(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 

(4303(f)); 

(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 (4303(f)); 

(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 (4303(f)); 

(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 (4303(f)); 

(ix) Share best and promising 

practices between charter schools and 

other public schools (4303(f)); 

(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 

(4303(f)); 

(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 (4303(f)); 

(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 reapproving 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, as described in paragraph 

(xii)(A), of the authorizing activity of 

authorized public chartering agencies 

(4303(f)); 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 (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; 1

(ii) Is working to develop or 

strengthen a cohesive statewide system 

to support the opening of new charter 


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schools and, if applicable, the 

replication of high-quality charter 

schools, and the expansion of highquality 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 (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); 

(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 (CMO), 

including the administrative and 

contractual roles and responsibilities of 

such partners (4303(f)); 

(1) For any existing or proposed 

contract between a charter and a forprofit 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— 

(A) 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; 

(B) 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; 

(C) 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 will resolve any actual or 

perceived conflicts of interest to ensure 

compliance with 2 CFR 200.318(c); 

(D) 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; 

(E) 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 

(F) 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 (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 (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 (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 (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 

(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 


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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 highquality 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 

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 socioeconomically 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 

education mission, must describe— 

(A) Why it is unlikely to be able to 

establish and maintain a racially and 

socio-economically diverse student 

body at the proposed charter school; 

(B) 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 

(C) 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: 

(A) 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. 

(B) How the charter school will 

meaningfully engage with both families 

and the community to create strong and 

ongoing partnerships. 

(C) 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 decisionmaking. 

(D) 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). 

(E) 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 socioeconomic 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 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— 

(1) With meaningful and ongoing 

engagement with current or former 

teachers and other educators; and 

(2) 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 applicant 

must provide a high-quality plan that 

demonstrates how its proposed project 

would meet the requirements in 

paragraph (iii)(A) of the Promoting 

High-Quality Educator- and 

Community-Centered Charter Schools to 

Support Underserved Students priority, 

accompanied by a timeline for key 

milestones that span the course of 

planning, development, and 

implementation of the charter school. 

(4) 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 (4303(f)); 

(5) 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)); 

(6) 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 

(4303(f)); 

(7) A description of how the State 

entity will support diverse charter 

school models, including models that 

serve rural communities (4303(f)); 

(8) Evidence to support the requested 

funds and projected enrollment, such as 

explanations regarding the methodology 

and calculations (2022 NFP); and 


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(9) 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— 

(i) 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 EMOs, virtual 

charter schools, and charter schools 

with a history of poor performance); 

(ii) How identified subgrantee risk 

will be addressed; 

(iii) How subgrantee expenditures 

will be monitored; 

(iv) How monitors will be trained; 

(v) How monitoring findings will be 

shared with subgrantees; 

(vi) How corrective action plans will 

be used to resolve monitoring findings; 

(vii) How the State entity will ensure 

transparency so that monitoring 

findings and corrective action plans are 

available to families and the public; and 

(viii) How the State entity will work 

with authorized public chartering 

agencies to share information regarding 

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 

(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 (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 (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) (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 

(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 (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 shall 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 (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; 


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(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 

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 

shall 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 socioeconomic 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: 

(i) A list of the charter schools slated 

to receive CSP funds, including the 

following for each school: 

(A) The name, address, and grades 

served. 

(B) A description of the education 

model. 

(C) 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. 

(D) 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. 

(E) The grant or subgrant application 

(redacted as necessary). 

(F) 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). 


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2The 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, 596 U.S. l(2022). 

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; 

(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; 2

(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). 

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). 

Demonstrates a rationale means a key 

project component included in the 

project’s logic model is informed by 

research or evaluation findings that 

suggest the project component is likely 

to improve relevant outcomes (34 CFR 

77.1). 

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 


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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). 

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). 

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 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, as 

adopted and amended as regulations of 

the Department in 2 CFR part 3474. (d) 

The 2022 NFP. 

II. Award Information 

Type of Award: Discretionary grant. 

Estimated Available Funds: 

$73,000,000. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in 


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3Under 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(d)(2), and 

Department statutes, regulations, and the terms of 

the award do not prohibit the extension. 

subsequent years from the list of 

unfunded applications from this 

competition. 

Estimated Range of Awards: 

$2,000,000 to $25,000,000 per year. 

Estimated Average Size of Awards: 

$10,000,000 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: 8. 

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 2022 

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. 

Accordingly, State entities in States in 

which a State entity has a current CSP 

State Entity grant that is not in its final 

budget period (nor operating under a 

no-cost extension in accordance with 34 

CFR 75.261 3) (i.e., Alabama, Arizona, 

Arkansas, California, Colorado, 

Delaware, District of Columbia, Florida, 

Idaho, Indiana, Maryland, Michigan, 

Minnesota, Nevada, New Hampshire, 

New Jersey, New Mexico, New York, 

North Carolina, Oklahoma, 

Pennsylvania, Rhode Island, South 

Carolina, Texas, Washington, and 

Wisconsin) are ineligible to apply for a 

CSP State Entity grant under this 

competition. State entities in States in 

which a State entity has a current CSP 

State Entity grant that is operating under 

a no-cost extension (i.e., Mississippi), 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 nocost extension (i.e., no current grantees), 

however, are eligible to apply for a CSP 

State Entity grant under this 

competition. 

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 nocost 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(e)(2)), 

the current State entity grantee must 

obligate all grant funds prior to the end 

of the current budget period. In other 

words, the current State entity grantee 

must complete all grant activities and 

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). 

Likewise, 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 would be funded. 

State entities in States in which an 

SEA has a current CSP Grant for SEAs 

that was awarded under the Elementary 

and Secondary Education Act of 1965, 

as amended by the No Child Left Behind 

Act of 2001 (i.e., prior to FY 2017) are 

eligible to apply for a CSP State Entity 

grant under this competition, so long as 

no other State entity in the State has a 

current CSP State Entity grant that is not 

in its final budget period nor operating 

under a no-cost extension. 

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 

www2.ed.gov/about/offices/list/ocfo/ 

intro.html. 

c. Administrative Cost Limitation: A 

State Entity receiving a grant under this 

section shall not reserve more than 3 

percent of funds for administrative 

costs, which may include technical 

assistance. 

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 number 84.282B or 

84.282E) program. Additional 

information about the CSP Developer 

program and the competition that is 

currently underway is available at 

https://oese.ed.gov/offices/office-ofdiscretionary-grants-support-services/ 

charter-school-programs/charterschools-program-non-state-educationalagencies-non-sea-planning-programdesign-and-initial-implementationgrant/. 

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 

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 five-year subgrant 

period is $1,500,000. 

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 $750,000 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 $750,000 during the nonFederal 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)). 


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4Section 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. 

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 27, 2021 (86 FR 73264), and 

available at www.federalregister.gov/d/ 

2021-27979, which contain 

requirements and information on how to 

submit an application. Please note that 

these Common Instructions supersede 

the version published on February 13, 

2019, and, in part, describe the 

transition from the requirement to 

register in SAM.gov a DUNS number to 

the implementation of the UEI. More 

information on the phase-out of DUNS 

numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

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, 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. Please note that, under 34 

CFR 79.8(a), we have shortened the 

standard 60-day intergovernmental 

review period in order to make an 

awards by the end of FY 2022. 

4. Funding Restrictions: In accordance 

with section 4303(c) of the ESEA, a 

State entity receiving a grant under this 

program shall: (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 highquality 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. 

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 shall 

be for a period of not more than 5 years. 

A subgrant awarded by a State entity 

under this program shall 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.4

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 from 

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 shall award subgrants to 

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 shall 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 shall 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 


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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 shall 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 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://oese.ed.gov/ 

offices/office-of-discretionary-grantssupport-services/charter-schoolprograms/state-entities/applicationinfo-and-eligibility/. There is no 

registration fee for attending this 

meeting. 

For further information about the preapplication meeting, contact Jill Gaitens, 

U.S. Department of Education, 400 

Maryland Avenue SW, Washington, DC 

20202–5970. Telephone: (202) 205– 

1224. Email: fy2022_se_competition@

ed.gov. 

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 extent to which the proposed 

project demonstrates a rationale (34 CFR 

75.210(c)(2)(xxix)) (up to 5 points); 

(2) The extent to which the methods 

of evaluation include the use of 

objective performance measures that are 

clearly related to the intended outcomes 

of the project and will produce both 

quantitative and qualitative data to the 

extent possible (34 CFR 75.210(h)(2)(iv)) 

(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))). 

(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: 


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(1) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and 

milestones for accomplishing project 

tasks (34 CFR 75.210(g)(2)(i)) (up to 10 

points); 

(2) The adequacy of procedures for 

ensuring feedback and continuous 

improvement in the operation of the 

proposed project (34 CFR 

75.210(g)(2)(ii)) (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(g)(2)(iv)) (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, 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. 

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. 

5. In General: In accordance with the 

Office of Management and Budget’s 

guidance located at 2 CFR part 200, all 

applicable Federal laws, and relevant 

Executive guidance, the Department 

will review and consider applications 

for funding pursuant to this notice 

inviting applications in accordance 

with— 

(a) Selecting recipients most likely to 

be successful in delivering results based 

on the program objectives through an 

objective process of evaluating Federal 

award applications (2 CFR 200.205); 

(b) Prohibiting the purchase of certain 

telecommunication and video 

surveillance services or equipment in 

alignment with section 889 of the 

National Defense Authorization Act of 

2019 (Pub. L. 115—232) (2 CFR 

200.216); 

(c) Providing a preference, to the 

extent permitted by law, to maximize 

use of goods, products, and materials 

produced in the United States (2 CFR 

200.322); and 

(d) Terminating agreements in whole 

or in part to the greatest extent 

authorized by law if an award no longer 

effectuates the program goals or agency 

priorities (2 CFR 200.340). 

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 may notify 

you informally, also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. 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. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) At the end of your project period, 

you must submit a final performance 

report, including financial information, 

as directed by the Secretary. If you 

receive a multiyear award, you must 

submit an annual performance report 

that provides the most current 

performance and financial expenditure 

information as directed by the Secretary 

under 34 CFR 75.118. The Secretary 

may also require more frequent 

performance reports under 34 CFR 

75.720(c). For specific requirements on 

reporting, please go to www.ed.gov/ 

fund/grant/apply/appforms/ 

appforms.html. 

(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 


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Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40217 

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 75.250(b), 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: For the 

purposes of the Department reporting 

under 34 CFR 75.110: (a) The Secretary 

has established two performance 

indicators to measure annual progress 

toward achieving the purposes of the 

program, which are discussed elsewhere 

in this notice. The performance 

indicators are: (1) the number of charter 

schools in operation around the Nation; 

and (2) the percentage of fourth- and 

eighth-grade charter school students 

who are achieving at or above the 

proficient level on State 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). 

(b) Project-Specific Performance 

Measures. Applicants must propose 

project-specific performance measures 

and performance targets consistent with 

the objectives of the proposed project. 

Applications must provide the 

following information as directed under 

34 CFR 75.110(b) and (c). 

(1) Performance measures. How each 

proposed performance measure would 

accurately measure the performance of 

the project and how the proposed 

performance measure would be 

consistent with the performance 

measures established for the program 

funding the competition. 

(2) Baseline data. (i) Why each 

proposed baseline is valid; 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). 

(4) Data collection and reporting. (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; and (ii) the 

applicant’s capacity to collect and 

report reliable, valid, and meaningful 

performance data, as evidenced by highquality data collection, analysis, and 

reporting in other projects or research. 

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 either virtually or 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 this meeting in their proposed 

budgets as allowable administrative 

costs. 

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 

file, braille, large print, audiotape, or 

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 

documents of this Department 

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 documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Ruth E. Ryder, 

Deputy Assistant Secretary for Policy and 

Programs Office of Elementary and Secondary 

Education. 

[FR Doc. 2022–14442 Filed 7–5–22; 8:45 am] 

BILLING CODE 4000–01–P 


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