Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Notices 33717

Dated: June 24, 1996.

Gerald N. Tirozzi,

Assistant Secretary for Elementary and

Secondary Education.

[FR Doc. 96–16508 Filed 6–27–96; 8:45 am]

BILLING CODE 4000–01–P

[CFDA No.: 84.282A]

Public Charter Schools Program;

Notice Inviting Applications for New

Awards for Fiscal Year (FY) 1996

Purpose of Program

A major purpose of the Public Charter

Schools grant program is to increase

understanding of the charter schools

model by providing financial assistance

for the design and initial

implementation of charter schools.

Who May Apply

(a) State educational agencies (SEAs)

in States with laws authorizing the

establishment of charter schools. The

Secretary awards grants to SEAs to

enable them to conduct charter schools

programs in their States. SEAs use their

Public Charter Schools funds to award

subgrants to ‘‘eligible applicants,’’ as

defined in this notice, for planning,

program design, and initial

implementation of a charter school.

(b) Under certain circumstances, an

authorized public chartering agency

participating in a partnership with a

charter school developer. Such a

partnership is eligible to receive funding

directly from the U.S. Department of

Education if—

(1) Its SEA elects not to participate in

this competition; or

(2) Its SEA does not have an

application approved under this

program.

If an SEA’s application is approved in

this competition, applications received

from non-SEA eligible applicants in that

State will be returned to the applicants.

In such a case, the eligible applicant

should contact the SEA for information

related to its subgrant competition.

Note: The following States currently have

approved applications under this program:

Arizona, California, Colorado, Georgia,

Louisiana, Massachusetts, Michigan,

Minnesota, Oregon, and Texas. In these

States, only the SEA is eligible to receive an

award under this competition. Eligible

applicants in these States should contact

their respective SEAs for information about

participation in the State’s charter school

program.

Deadline for Transmittal of

Applications: August 16, 1996.

Deadline for Intergovernmental

Review: October 15, 1996.

Applications Available: July 2, 1996.

Available Funds: $11,500,000.

Estimated Range of Awards: State

educational agencies: $250,000–

$1,000,000 per year; other eligible

applicants: $25,000–$200,000 per year.

Estimated Average Size of Awards:

State educational agencies: $750,000 per

year; other eligible applicants: $50,000

per year.

Estimated Number of Awards: State

educational agencies: 10–20; other

eligible applicants: 3–20.

Note: These estimates are projections for

the guidance of potential applicants. The

Department is not bound by any estimates in

this notice.

Project Period

State educational agencies: Up to 36

months. Eligible applicants: Grants

awarded by the Secretary directly to

eligible applicants or subgrants awarded

by SEAs to eligible applicants will be

awarded for a period of up to 36

months, of which the eligible applicant

may use—

(a) Not more than 18 months for

planning and program design; and

(b) Not more than two years for the

initial implementation of a charter

school.

Applicable Regulations

The Education Department General

Administrative Regulations (EDGAR) in

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

80, 81, 82, 85, and 86.

Priority

Under 34 CFR 75.105(c)(1) the

Secretary is particularly interested in

applications that meet the following

invitational priority. However, an

application that meets this invitational

priority does not receive absolute or

competitive preference over other

applications:

Invitational Priority—Empowerment

Zones and Enterprise Communities

Projects that address linkages between

charter school initiatives and

comprehensive educational

improvement strategies undertaken in

Empowerment Zones and Enterprise

Communities designated by the

Departments of Agriculture or Housing

and Urban Development.

Supplementary Information

As part of wider education reform

efforts to strengthen teaching and

learning, charter schools can be an

innovative approach to improving

public education and expanding public

school choice. While there is no one

model, public charter schools are freed

from most statutory and regulatory

requirements in exchange for better

student academic achievement. They

replace rules-based governance with

performance-based accountability,

thereby stimulating the creativity and

commitment of teachers, parents,

students, and citizens.

The following definitions, required

contents of applications, selection

criteria, diversity of projects

requirements, waivers, and allowable

activities are taken directly from the

public charter schools statute, in title X,

part C, of the Elementary and Secondary

Education Act. They are being repeated

in this application notice for the

convenience of the applicant.

Definitions

The following definitions apply to

this program:

(a) Charter school means a public

school that—

(1) In accordance with an enabling

State statute, is exempted from

significant State or local rules that

inhibit the flexible operation and

management of public schools, but not

from any rules relating to the other

requirements of this definition;

(2) Is created by a developer as a

public school, or is adapted by a

developer from an existing public

school, and is operated under public

supervision and direction;

(3) Operates in pursuit of a specific

set of educational objectives determined

by the school’s developer and agreed to

by the authorized public chartering

agency;

(4) Provides a program of elementary

or secondary education, or both;

(5) Is nonsectarian in its programs,

admissions policies, employment

practices, and all other operations, and

is not affiliated with a sectarian school

or religious institution;

(6) Does not charge tuition;

(7) Complies with the Age

Discrimination Act of 1975, title VI of

the Civil Rights Act of 1964, title IX of

the Education Amendments of 1972,

section 504 of the Rehabilitation Act of

1973, and part B of the Individuals With

Disabilities Education Act;

(8) Admits students on the basis of a

lottery, if more students apply for

admission than can be accommodated;

(9) Agrees to comply with the same

Federal and State audit requirements as

do other elementary and secondary

schools in the State, unless the

requirements are specifically waived for

the purposes of this program;

(10) Meets all applicable Federal,

State, and local health and safety

requirements; and

(11) Operates in accordance with

State law.

(b) Developer means an individual or

group of individuals (including a public
33718 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Notices

or private nonprofit organization),

which may include teachers,

administrators and other school staff,

parents, or other members of the local

community in which a charter school

project will be carried out.

(c) Eligible applicant means an

authorized public chartering agency

participating in a partnership with a

developer to establish a charter school

in accordance with this program.

(d) Authorized public chartering

agency means a State educational

agency, local educational agency, or

other public entity that has the authority

under State law and is approved by the

Secretary to authorize or approve a

charter school.

Contents of a State Educational Agency

Application

Each SEA application must—

(a) Describe the objectives of the

SEA’s charter school grant program and

how those objectives will be fulfilled,

including steps taken by the SEA to

inform teachers, parents, and

communities of the SEA’s charter school

grant program;

(b) Contain assurances that the SEA

will require each eligible applicant

desiring to receive a subgrant to submit

an application to the SEA containing—

(1) A description of the educational

program to be implemented by the

proposed charter school, including—

(i) How the program will enable all

students to meet challenging State

student performance standards;

(ii) The grade levels or ages of

children to be served; and

(iii) The curriculum and instructional

practices to be used;

(2) A description of how the charter

school will be managed;

(3) A description of—

(i) The objectives of the charter

school; and

(ii) The methods by which the charter

school will determine its progress

toward achieving those objectives;

(4) A description of the administrative

relationship between the charter school

and the authorized public chartering

agency;

(5) A description of how parents and

other members of the community will

be involved in the design and

implementation of the charter school;

(6) A description of how the

authorized public chartering agency will

provide for continued operation of the

school once the Federal grant has

expired, if the agency determines that

the school has met the objectives

described in paragraph (b)(3)(i);

(7) A request and justification for

waivers of any Federal, statutory, or

regulatory provisions that the applicant

believes are necessary for the successful

operation of the charter school and a

description of any State or local rules,

generally applicable to public schools,

that will be waived for, or otherwise not

apply to, the school;

(8) A description of how the subgrant

funds will be used, including a

description of how these funds will be

used in conjunction with other Federal

programs administered by the Secretary;

(9) A description of how students in

the community will be

(i) Informed about the charter school;

and

(ii) Given an equal opportunity to

attend the charter school;

(10) An assurance that the eligible

applicant will annually provide the

Secretary and the SEA any information

that may be required to determine if the

charter school is making satisfactory

progress toward achieving the objectives

described in paragraph (b)(3)(i);

(11) An assurance that the applicant

will cooperate with the Secretary and

the SEA in evaluating the charter school

assisted under this program;

(12) Other information and assurances

that the Secretary and the SEA may

require; and

(13) As required by section 427 of the

General Education Provisions Act

(GEPA), a description of proposed steps

to ensure equitable access to, and

participation in, its federally assisted

program. The statute, which allows

applicants discretion in developing the

required description, highlights six

types of barriers that can impede

equitable access or participation:

gender, race, national origin, color,

disability, or age. Applicants may use

local circumstances to determine the

extent to which these or other barriers

prevent equitable participation by

students, teachers, parents, or other

community members. The description

need not be lengthy, but it should

include a clear and succinct description

of how the applicant plans to address

those barriers that are applicable to its

circumstances;

(c) Contain additional assurances that

the SEA will—

(1) Assist charter schools representing

a variety of educational approaches,

such as approaches to reduce school

size;

(2) Use the grant funds to award

subgrants to one or more eligible

applicants in the State to enable the

applicant to plan and implement a

charter school in accordance with this

program;

(3) Use a peer review process to

review applications for subgrants; and

(4) Reserve not more than 5 percent of

grant funds for administrative expenses

associated with this program; and

(d) If an SEA elects to reserve part of

the grant funds for the establishment of

a revolving loan fund as allowed under

this program, describe how the

revolving loan fund would operate.

Contents of a Non-SEA Application

Each application from an eligible

applicant that is not an SEA, whether

submitted directly to the Secretary or to

an SEA, must contain—

(a) The information and assurances

described in paragraphs (b)(1) through

(b)(13) under the section ‘‘Contents of a

State Educational Agency Application,’’

except that paragraphs (b)(10), (b)(11),

and (b)(12) must be applied by striking

‘‘and the SEA’’ where this phrase

appears; and

(b) Assurances that the SEA—

(1) Will grant, or will obtain, waivers

of State statutory or regulatory

requirements; and

(2) Will assist each eligible applicant

in the State in receiving applicable

waivers.

Selection Criteria for SEAs

The maximum possible score for all of

the criteria in this section is 100 points.

The maximum possible score for each

criterion is indicated in parentheses

following each criterion. In evaluating

an application from an SEA the

Secretary considers the following

criteria:

(a) The contribution that the charter

schools grant program will make in

assisting educationally disadvantaged

and other students to achieve State

content standards, State student

performance standards, and, in general,

a State’s education improvement plan

(20 points).

(b) The degree of flexibility afforded

by the SEA to charter schools under the

State’s charter schools law (20 points).

(c) The ambitiousness of the

objectives for the State charter schools

grant program (20 points).

(d) The quality of the strategy for

assessing achievement of those

objectives (20 points).

(e) The likelihood that the charter

schools grant program will meet those

objectives and improve educational

results for students (20 points).

Selection Criteria for Non-SEA Eligible

Applicants

The maximum possible score for all of

the criteria in this section is 120 points.

The maximum possible score for each

criterion is indicated in parentheses

following each criterion. In evaluating

an application from an eligible
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Notices 33719

applicant other than an SEA the

Secretary considers the following

criteria:

(a) The quality of the proposed

curriculum and instructional practices

(20 points).

(b) The degree of flexibility afforded

by the SEA and, if applicable, the local

educational agency to the charter school

(20 points).

(c) The extent of community support

for the application (20 points).

(d) The ambitiousness of the

objectives for the charter school (20

points).

(e) The quality of the strategy for

assessing achievement of those

objectives (20 points).

(f) The likelihood that the charter

school will meet those objectives and

improve educational results for students

(20 points).

Diversity of Projects

The Secretary and SEAs will, to the

extent possible, ensure that grants—

(a) Are distributed throughout

different areas of the Nation and each

State, including urban and rural areas;

and

(b) Will assist charter schools

representing a variety of educational

approaches, such as approaches

designed to reduce school size.

Waivers

The Secretary may waive any

statutory or regulatory requirement over

which the Secretary exercises

administrative authority except any

requirement relating to the elements of

a charter school, as defined in the

‘‘Definitions’’ section of this notice, if—

(a) The waiver is requested in an

approved application under this

program; and

(b) The Secretary determines that

granting such a waiver will promote the

purposes of this program.

The Secretary may not waive the

requirements of the Age Discrimination

Act of 1975, title VI of the Civil Rights

Act of 1964, title IX of the Education

Amendments of 1972, section 504 of the

Rehabilitation Act of 1973, and part B

of the Individuals With Disabilities

Education Act. In addition, a charter

school may not obtain waivers of

requirements of the Americans with

Disabilities Act of 1990. The Secretary

strongly urges applicants to provide the

public with notice of and an

opportunity to comment on waiver

requests.

Allowable Activities

An eligible applicant receiving a grant

or subgrant under this program may use

the grant or subgrant funds for only—

(a) Post-award planning and design of

the educational program, which may

include—

(1) Refinement of the desired

educational results and of the methods

for measuring progress toward achieving

those results; and

(2) Professional development of

teachers and other staff who will work

in the charter school; and

(b) Initial implementation of the

charter school, which may include—

(1) Informing the community about

the school;

(2) Acquiring necessary equipment

and educational materials and supplies;

(3) Acquiring or developing

curriculum materials; and

(4) Other initial operating costs that

cannot be met from State or local

sources.

For Applications or Information

Contact: John Fiegel, U.S. Department of

Education, 600 Independence Avenue,

S.W., Room 4512, Portals Building,

Washington, D.C. 20202–6140.

Telephone (202) 260–2671. Internet

address: John—Fiegel@ED.Gov

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

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

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

Monday through Friday.

Information about the Department’s

funding opportunities, including copies

of application notices for discretionary

grant competitions, can be viewed on

the Department’s electronic bulletin

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

9950; on the Internet Gopher Server at

GOPHER.ED.GOV (under

Announcements, Bulletins, and Press

Releases); or on the World Wide Web (at

http://www.ed.gov/money.html).

However, the official application notice

for a discretionary grant competition is

the notice published in the Federal

Register.

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

Dated: June 19, 1996.

Gerald N. Tirozzi,

Assistant Secretary, Elementary and

Secondary Education.

[FR Doc. 96–16509 Filed 6–27–96; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Disposition of Surplus Highly Enriched

Uranium Final Environmental Impact

Statement

AGENCY: Department of Energy.

ACTION: Notice of availability.

SUMMARY: The Department of Energy

(DOE) announces the availability of the

Disposition of Surplus Highly Enriched

Uranium Final Environmental Impact

Statement (HEU Final EIS). In

accordance with the National

Environmental Policy Act of 1969

(NEPA), the Council on Environmental

Quality Regulations (40 CFR Parts 1500–

1508), and the Department’s NEPA

Implementing Procedures (10 CFR Part

1021), the Department has prepared the

HEU Final EIS to evaluate alternatives

for the disposition of United Statesorigin, weapons-usable, highly enriched

uranium (HEU) that has been, or may

be, declared surplus to national defense

needs by the President.

DATES: A Record of Decision in the HEU

disposition program will be issued no

earlier than July 29, 1996. The

Department will consider, as

appropriate, in the Record of Decision,

any comments received by July 29, 1996

on the Cost Comparison for Highly

Enriched Uranium Disposition

Alternatives (available separately and

summarized in the Supplementary

Information, below) or the Floodplain

Proposed Statement of Findings

(included in section 4.13 of the HEU

Final EIS and also summarized below).

ADDRESSES: Requests for copies of the

HEU Final EIS or the Cost Comparison

for Highly Enriched Uranium

Disposition Alternatives, requests for

information, and comments on the

Proposed Floodplain Statement of

Findings (section 4.13 of the HEU Final

EIS) should be directed to: Office of

Fissile Materials Disposition (MD–4),

Attention: HEU EIS, U.S. Department of

Energy, 1000 Independence Ave., SW,

Washington, DC 20585, phone (202)

586–4513, fax (202) 586–4078.

FOR FURTHER INFORMATION CONTACT: For

information on the DOE National

Environmental Policy Act process,

contact: Carol M. Borgstrom, Director,

Office of NEPA Policy and Assistance

(EH–42), U.S. Department of Energy,

1000 Independence Ave., SW,

Washington, DC 20585, (202) 586–4600

or leave a message at 1–800–472–2756.

Availability of the HEU Final EIS:

Copies of the HEU Final EIS have been

distributed to Federal, State, Indian

tribal, and local officials, agencies, and

interested organizations and

individuals. The full text of the 72-page

Summary of the HEU Final EIS is

available, along with numerous other

Fissile Materials Disposition program

documents, on the program’s Electronic

Bulletin Board/World Wide Web Page

(http://web.fie.com/htdoc/fed/doe/fsl/

pub/menu/any/). Copies of the HEU

Final EIS and supporting technical

reports are also available for public