37020 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

collection, grouped by office, contains 

the following: (1) Type of review 

requested, e.g., new, revision, extension, 

existing or reinstatement; (2) Title; (3) 

Summary of the collection; (4) 

Description of the need for, and 

proposed use of, the information; (5) 

Respondents and frequency of 

collection; and (6) Reporting and/or 

Recordkeeping burden. ED invites 

public comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner, (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected, and (5) how might the 

Department minimize the burden of this 

collection on respondents, including 

through the use of information 

technology. 

Dated: July 21, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Office of Special Education and 

Rehabilitative Services 

Type of Review: New. 

Title: Report on IDEA Part B 

Maintenance of Effort Reduction (34 

CFR 300.205(a)) and Coordinated Early 

Intervening Services (34 CFR 300.226) 

Abstract: This package provides 

instructions and forms necessary for 

States to report the provisions of 

coordinated early intervening services 

(CEIS) and maintenance of effort (MOE) 

reduction in IDEA. The form satisfies 

reporting requirements and is used by 

OSEP to monitor SEAs and for 

Congressional reporting. 

Additional Information: OSEP has not 

previously exercised its authority under 

20 U.S.C. 1418(a)(3), which allows the 

Secretary to annually collect any 

information that may be needed to 

implement IDEA, to collect the 

information describe above because the 

Part B amounts received by LEAs from 

fiscal year to fiscal year rarely increased 

by an amount that would warrant an 

LEA to take advantage of the provisions 

of 34 CFR 300.205(a). Further, it has 

been assumed that LEAs are exercising 

their responsibilities under 34 CFR 

300.226(d). However, due to the 

enactment of ARRA and the 

disbursement of $11.7 billion in IDEA 

Part B ARRA funds to LEAs (in addition 

to the regular FY 09 appropriation of 

$11.8 billion), the FY 2009 allocation for 

more LEAs far exceed those of FY 2008; 

thereby making it advantageous for 

these LEAs to reduce their MOE under 

34 CFR 300.205 (a) and to reserve an 

amount under 34 CFR 300.226 to 

provide CEIS. Therefore, it is now 

necessary to collect information on the 

implementation of 34 CFR §§ 300.205 

(a) and 300.226. Collecting this 

information will allow the Department 

to Monitor the reduction of MOE; 

Determine the amount of FY 2009 Part 

B funds (both regular IDEA and IDEA 

ARRA funds) reserved for CEIS; 

Exercise our fiduciary responsibilities to 

prevent fraud, waste and abuse and to 

ensure the effective use of FY 2009 Part 

B funds; Provide information to 

Congress and the public regarding LEAs 

that took advantage of these flexibilities. 

Frequency: Annually. 

Affected Public: State, Local, or Tribal 

Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 60. 

Burden Hours: 1,032,480. 

Requests for copies of the proposed 

information collection request may be 

accessed from http://edicsweb.ed.gov, 

by selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on 

link number 4095. When you access the 

information collection, click on 

‘‘Download Attachments’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 

ICDocketMgr@ed.gov or faxed to 202– 

401–0920. Please specify the complete 

title of the information collection when 

making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@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. 

[FR Doc. E9–17757 Filed 7–24–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Innovation and Improvement; 

Overview Information: Charter 

Schools Program (CSP) Grants to NonState Educational Agencies for 

Planning, Program Design, and 

Implementation and for Dissemination; 

Notice Inviting Applications for New 

Awards for Fiscal Year (FY) 2009 

Catalog of Federal Domestic Assistance 

(CFDA) Numbers: 84.282B and 84.282C. 

Dates: 

Applications Available: July 27, 2009. 

Deadline for Transmittal of 

Applications: August 26, 2009. 

Deadline for Intergovernmental 

Review: September 16, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the CSP is to increase national 

understanding of the charter school 

model and to expand the number of 

high-quality charter schools available to 

students across the Nation by providing 

financial assistance for the planning, 

program design, and initial 

implementation of charter schools, and 

to evaluate the effects of charter schools, 

including their effects on students, 

student academic achievement, staff, 

and parents. The non-State educational 

agency (non-SEA) grants for planning, 

program design, and implementation, 

and non-SEA grants for dissemination 

provide funds for these purposes to 

eligible applicants in States in which 

the SEA does not have an approved 

application under the CSP. 

Non-SEA eligible applicants that 

propose to use grant funds for planning, 

program design, and implementation 

must apply under CFDA No. 84.282B. 

Non-SEA eligible applicants that request 

funds for dissemination activities must 

submit their applications under CFDA 

No. 84.282C. 

Priority: This priority is from the 

notice of final priorities for 

discretionary grant programs, published 

in the Federal Register on October 11, 

2006 (71 FR 60046). 

Competitive Preference Priority: For 

FY 2009, this priority is a competitive 

preference priority. Under 34 CFR 

75.105(c)(2)(i), we award an additional 

10 points to an application that meets 

this priority. 

This priority is: 

Secondary Schools. Projects that 

support activities and interventions 

aimed at improving the academic 

achievement of secondary school 

students who are at greatest risk of not 

meeting challenging State academic 

standards and not completing high 

school. 

Program Authority: 20 U.S.C. 7221– 

7221j. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 74, 75, 76, 77, 79, 80, 81, 

82, 84, 85, 86, 97, 98, and 99. (b) The 

notice of final priorities for 

discretionary grant programs published 


jlentini on DSKJ8SOYB1PROD with NOTICES
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in the Federal Register on October 11, 

2006 (71 FR 60046). 

Note: The regulations in 34 CFR part 79 

apply to all applicants except federally 

recognized Indian tribes. 

Note: The regulations in 34 CFR part 86 

apply only to institutions of higher 

education. 

Note: The regulations in 34 CFR part 99 

apply only to educational agencies or 

institutions. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: 

$3,000,000. 

Estimated Range of Awards: 

$130,000–$175,000 per year. 

Estimated Average Size of Awards: 

$150,000 per year. 

Estimated Number of Awards: 17–23. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 36 months under 

CFDA No. 84.282B. Up to 24 months 

under CFDA No. 84.282C. 

Note: Planning and implementation grants 

awarded by the Secretary to non-SEA eligible 

applicants under CFDA No. 84.282B will be 

awarded for a period of up to 36 months, no 

more than 18 months of which may be used 

for planning and program design and no 

more than two years of which may be used 

for the initial implementation of a charter 

school. Dissemination grants awarded under 

CFDA No. 84.282C are for a period of up to 

two years. 

III. Eligibility Information 

1. Eligible Applicants: 

(a) Planning and Initial 

Implementation (CFDA No. 84.282B): 

Non-SEA eligible applicants in States 

with a State statute specifically 

authorizing the establishment of charter 

schools and in which the SEA elects not 

to participate in the CSP or does not 

have an application approved under the 

CSP. 

(b) Dissemination (CFDA No. 

84.282C): Charter schools, as defined in 

section 5210(1) of the Elementary and 

Secondary Education Act of 1965, as 

amended (ESEA), in States in which the 

SEA elects not to participate in the CSP 

or does not have an application 

approved under the CSP. 

Note: A charter school may apply for funds 

to carry out dissemination activities, whether 

or not the charter school previously applied 

for or received funds under the CSP for 

planning or implementation, if the charter 

school has been in operation for at least three 

consecutive years and has demonstrated 

overall success, including— 

(1) Substantial progress in improving 

student academic achievement; 

(2) High levels of parent satisfaction; and 

(3) The management and leadership 

necessary to overcome initial start-up 

problems and establish a thriving, financially 

viable charter school. 

Note: The term eligible applicant is defined 

in section 5210(3) of the ESEA. The following 

States currently have approved applications 

under the CSP: Arizona, Arkansas, California, 

Colorado, Connecticut, Delaware, District of 

Columbia, Florida, Georgia, Idaho, Illinois, 

Indiana, Kansas, Louisiana, Maryland, 

Massachusetts, Michigan, Minnesota, New 

Jersey, New Mexico, New York, Ohio, 

Oregon, Pennsylvania, South Carolina, 

Tennessee, Texas, Utah, Wisconsin. In these 

States, non-SEA eligible applicants and 

charter schools interested in participating in 

the CSP should contact the SEA for 

information related to the State’s CSP 

subgrant competition. 

2. Cost Sharing or Matching: This 

program does not require cost sharing or 

matching. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: Erin Pfeltz, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 4W255, Washington, DC 20202– 

5970. Telephone: (202) 205–3525 or by 

e-mail: erin.pfeltz@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of the application package 

in an accessible format (e.g., braille, 

large print, audiotape, or computer 

diskette) by contacting the program 

contact person listed in this section. 

2. Content and Form of Application 

Submission: Requirements concerning 

the content of an application, together 

with the forms you must submit, are in 

the application package for this 

program. 

Page Limit: The application narrative 

(Part III of the application) is where you, 

the applicant, address the selection 

criteria that reviewers use to evaluate 

your application. The Secretary strongly 

encourages applicants to limit Part III to 

the equivalent of no more than 50 pages, 

using 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. An application submitted 

in any other font (including Times 

Roman or Arial Narrow) will not be 

accepted. 

The 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 page 

limit does apply to all of the application 

narrative section (Part III). 

3. Submission Dates and Times: 

Applications Available: July 27, 2009. 

Deadline for Transmittal of 

Applications: August 26, 2009. 

Applications for grants under this 

program must be submitted 

electronically using the Electronic Grant 

Application System (e-Application) 

accessible through the Department’s eGrants site. For information (including 

dates and times) about how to submit 

your application electronically, or in 

paper format by mail or hand delivery 

if you qualify for an exception to the 

electronic submission requirement, 

please refer to section IV. 6. 

Other Submission Requirements of 

this notice. 

We do not consider an application 

that does not comply with the deadline 

requirements. 

Individuals with disabilities who 

need an accommodation or auxiliary aid 

in connection with the application 

process should contact the person listed 

under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. If 

the Department provides an 

accommodation or auxiliary aid to an 

individual with a disability in 

connection with the application 

process, the individual’s application 

remains subject to all other 

requirements and limitations in this 

notice. 

Deadline for Intergovernmental 

Review: September 16, 2009. 

4. 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 

program. 

5. Funding Restrictions: 

Use of Funds for Post-Award Planning 

and Design of the Educational Program 

and Initial Implementation of the 

Charter School. A non-SEA eligible 

applicant receiving a grant under this 

program may use the grant funds only 

for— 


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(a) Post-award planning and design of 

the educational program, which may 

include (i) refinement of the desired 

educational results and of the methods 

for measuring progress toward achieving 

those results; and (ii) 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 (i) 

informing the community about the 

school; (ii) acquiring necessary 

equipment and educational materials 

and supplies; (iii) acquiring or 

developing curriculum materials; and 

(iv) other initial operational costs that 

cannot be met from State or local 

sources. 20 U.S.C. 7221c(f)(3)) 

Use of Funds for Dissemination 

Activities. A charter school may use 

these funds to assist other schools in 

adapting the charter school’s program 

(or certain aspects of the charter 

school’s program), or to disseminate 

information about the charter school 

through such activities as— 

(a) Assisting other individuals with 

the planning and start-up of one or more 

new public schools, including charter 

schools, that are independent of the 

assisting charter school and the assisting 

charter school’s developers and that 

agree to be held to at least as high a level 

of accountability as the assisting charter 

school; 

(b) Developing partnerships with 

other public schools, including charter 

schools, designed to improve student 

performance in each of the schools 

participating in the partnership; 

(c) Developing curriculum materials, 

assessments, and other materials that 

promote increased student achievement 

and are based on successful practices 

within the assisting charter school; and 

(d) Conducting evaluations and 

developing materials that document the 

successful practices of the assisting 

charter school and that are designed to 

improve student performance in other 

schools. (20 U.S.C. 7221c(f)(6)) 

We reference additional regulations 

outlining funding restrictions in the 

Applicable Regulations section in this 

notice. 

6. Other Submission Requirements: 

Applications for grants under this 

program must be submitted 

electronically unless you qualify for an 

exception to this requirement in 

accordance with the instructions in this 

section. 

a. Electronic Submission of 

Applications. 

Applications for grants under the 

Charter School Programs—CFDA 

Numbers 84.282B and 84.282C—must 

be submitted electronically using eApplication, accessible through the 

Department’s e-Grants Web site at: 

http://e-grants.ed.gov. 

We will reject your application if you 

submit it in paper format unless, as 

described elsewhere in this section, you 

qualify for one of the exceptions to the 

electronic submission requirement and 

submit, no later than two weeks before 

the application deadline date, a written 

statement to the Department that you 

qualify for one of these exceptions. 

Further information regarding 

calculation of the date that is two weeks 

before the application deadline date is 

provided later in this section under 

Exception to Electronic Submission 

Requirement. 

While completing your electronic 

application, you will be entering data 

online that will be saved into a 

database. You may not e-mail an 

electronic copy of a grant application to 

us. 

Please note the following: 

• You must complete the electronic 

submission of your grant application by 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. EApplication will not accept an 

application for this program after 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. 

Therefore, we strongly recommend that 

you do not wait until the application 

deadline date to begin the application 

process. 

• The hours of operation of the eGrants Web site are 6:00 a.m. Monday 

until 7:00 p.m. Wednesday; and 6:00 

a.m. Thursday until 8:00 p.m. Sunday, 

Washington, DC time. Please note that, 

because of maintenance, the system is 

unavailable between 8:00 p.m. on 

Sundays and 6:00 a.m. on Mondays, and 

between 7:00 p.m. on Wednesdays and 

6:00 a.m. on Thursdays, Washington, 

DC time. Any modifications to these 

hours are posted on the e-Grants Web 

site. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and submit 

your application in paper format. 

• You must submit all documents 

electronically, including all information 

you typically provide on the following 

forms: the Application for Federal 

Assistance (SF 424), the Department of 

Education Supplemental Information for 

SF 424, Budget Information—NonConstruction Programs (ED 524), and all 

necessary assurances and certifications. 

You must attach any narrative sections 

of your application as files in a .DOC 

(document), .RTF (rich text), or .PDF 

(Portable Document) format. If you 

upload a file type other than the three 

file types specified in this paragraph or 

submit a password protected file, we 

will not review that material. 

• Your electronic application must 

comply with any page limit 

requirements described in this notice. 

• Prior to submitting your electronic 

application, you may wish to print a 

copy of it for your records. 

• After you electronically submit 

your application, you will receive an 

automatic acknowledgment that will 

include a PR/Award number (an 

identifying number unique to your 

application). 

• Within three working days after 

submitting your electronic application, 

fax a signed copy of the SF 424 to the 

Application Control Center after 

following these steps: 

(1) Print SF 424 from e-Application. 

(2) The applicant’s Authorizing 

Representative must sign this form. 

(3) Place the PR/Award number in the 

upper right hand corner of the hardcopy signature page of the SF 424. 

(4) Fax the signed SF 424 to the 

Application Control Center at (202) 

245–6272. 

• We may request that you provide us 

original signatures on other forms at a 

later date. 

Application Deadline Date Extension 

in Case of e-Application Unavailability: 

If you are prevented from electronically 

submitting your application on the 

application deadline date because eApplication is unavailable, we will 

grant you an extension of one business 

day to enable you to transmit your 

application electronically, by mail, or by 

hand delivery. We will grant this 

extension if— 

(1) You are a registered user of eApplication and you have initiated an 

electronic application for this 

competition; and 

(2) (a) E-Application is unavailable for 

60 minutes or more between the hours 

of 8:30 a.m. and 3:30 p.m., Washington, 

DC time, on the application deadline 

date; or 

(b) E-Application is unavailable for 

any period of time between 3:30 p.m. 

and 4:30:00 p.m., Washington, DC time, 

on the application deadline date. 

We must acknowledge and confirm 

these periods of unavailability before 

granting you an extension. To request 

this extension or to confirm our 

acknowledgment of any system 

unavailability, you may contact either 

(1) the person listed elsewhere in this 

notice under FOR FURTHER INFORMATION

CONTACT (see VII. Agency Contact) or (2) 

the e-Grants help desk at 1–888–336– 


jlentini on DSKJ8SOYB1PROD with NOTICES
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8930. If e-Application is unavailable 

due to technical problems with the 

system and, therefore, the application 

deadline is extended, an e-mail will be 

sent to all registered users who have 

initiated an e-Application. Extensions 

referred to in this section apply only to 

the unavailability of e-Application. 

Exception to Electronic Submission 

Requirement: You qualify for an 

exception to the electronic submission 

requirement, and may submit your 

application in paper format, if you are 

unable to submit an application through 

e-Application because— 

• You do not have access to the 

Internet; or 

• You do not have the capacity to 

upload large documents to eApplication; 

and 

• No later than two weeks before the 

application deadline date (14 calendar 

days or, if the fourteenth calendar day 

before the application deadline date 

falls on a Federal holiday, the next 

business day following the Federal 

holiday), you mail or fax a written 

statement to the Department, explaining 

which of the two grounds for an 

exception prevents you from using the 

Internet to submit your application. If 

you mail your written statement to the 

Department, it must be postmarked no 

later than two weeks before the 

application deadline date. If you fax 

your written statement to the 

Department, we must receive the faxed 

statement no later than two weeks 

before the application deadline date. 

Address and mail or fax your 

statement to: Erin Pfeltz, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., room 4W255, 

Washington, DC 20202–5970. FAX: 

(202) 205–5630. 

Your paper application must be 

submitted in accordance with the mail 

or hand delivery instructions described 

in this notice. 

b. Submission of Paper Applications 

by Mail. 

If you qualify for an exception to the 

electronic submission requirement, you 

may mail (through the U.S. Postal 

Service or a commercial carrier) your 

application to the Department. You 

must mail the original and two copies 

of your application, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

CFDA Number 84.282B or 84.282C, LBJ 

Basement Level 1, 400 Maryland 

Avenue, SW., Washington, DC 20202– 

4260. 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service 

postmark. 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier. 

(4) Any other proof of mailing 

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark. 

(2) A mail receipt that is not dated by 

the U.S. Postal Service. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications 

by Hand Delivery. 

If you qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You must deliver the original and 

two copies of your application, by hand, 

on or before the application deadline 

date, to the Department at the following 

address: U.S. Department of Education, 

Application Control Center, Attention: 

CFDA Number 84.282B or 84.282C, 550 

12th Street, SW., Room 7041, Potomac 

Center Plaza, Washington, DC 20202– 

4260. 

The Application Control Center 

accepts hand deliveries daily between 

8:00 a.m. and 4:30:00 p.m., Washington, 

DC time, except Saturdays, Sundays, 

and Federal holidays. 

Note for Mail or Hand Delivery of Paper 

Applications: If you mail or hand deliver 

your application to the Department— 

(1) You must indicate on the envelope 

and—if not provided by the Department—in 

Item 11 of the SF 424 the CFDA number, 

including suffix letter, if any, of the 

competition under which you are submitting 

your application; and 

(2) The Application Control Center will 

mail to you a notification of receipt of your 

grant application. If you do not receive this 

grant notification within 15 business days 

from the application deadline date, you 

should call the U.S. Department of Education 

Application Control Center at (202) 245– 

6288. 

V. Application Review Information 

Selection Criteria: Non-SEA eligible 

applicants applying for CSP grant funds 

must address both the statutory 

application requirements and the 

selection criteria described in the 

following paragraphs. Each applicant 

applying for CSP grant funds may 

choose to respond to the application 

requirements in the context of its 

responses to the selection criteria. 

The statutory application 

requirements for all applicants 

submitting under CFDA Nos. 84.282B 

and 84.282C are listed in paragraph (a) 

in this section. 

The selection criteria for non-SEA 

applicants for Planning, Program 

Design, and Implementation Grants 

(CFDA No. 84.282B) are listed in 

paragraph (b) in this section. 

The selection criteria for non-SEA 

applicants for Dissemination Grants 

(CFDA No. 84.282C) are listed in 

paragraph (c) in this section. 

(a) Application Requirements (CFDA 

Nos. 84.282B and 84.282C). (i) Describe 

the educational program to be 

implemented by the proposed charter 

school, including how the program will 

enable all students to meet challenging 

State student academic achievement 

standards, the grade levels or ages of 

students to be served, and the 

curriculum and instructional practices 

to be used; 

(ii) Describe how the charter school 

will be managed; 

(iii) Describe the objectives of the 

charter school and the methods by 

which the charter school will determine 

its progress toward achieving those 

objectives; 

(iv) Describe the administrative 

relationship between the charter school 

and the authorized public chartering 

agency; 

(v) Describe how parents and other 

members of the community will be 

involved in the planning, program 

design, and implementation of the 

charter school; 

(vi) Describe how the authorized 

public chartering agency will provide 

for continued operation of the charter 

school once the Federal grant has 

expired, if that agency determines that 

the charter school has met its objectives; 

(vii) If the charter school desires the 

Secretary to consider waivers under the 

authority of the CSP, include 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; 

(viii) Describe how the grant funds 

will be used, including how these funds 

will be used in conjunction with other 

Federal programs administered by the 

Secretary; 


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(ix) Describe how students in the 

community will be informed about the 

charter school and be given an equal 

opportunity to attend the charter school; 

(x) Describe how a charter school that 

is considered an LEA under State law, 

or an LEA in which a charter school is 

located, will comply with sections 

613(a)(5) and 613(e)(1)(B) of the 

Individuals with Disabilities Education 

Act; and 

(xi) If the eligible applicant desires to 

use grant funds for dissemination 

activities under section 5202(c)(2)(C) of 

the ESEA, describe those activities and 

how those activities will involve charter 

schools and other public schools, LEAs, 

developers, and potential developers. 

(b) Selection Criteria (CFDA No. 

84.282B). The following selection 

criteria are from section 5204 of the 

ESEA and 34 CFR 75.210 of EDGAR. 

The maximum possible score for all 

the criteria in this section is 130 points. 

The maximum possible score for each 

criterion is indicated in parentheses 

following the criterion. 

In evaluating an application from a 

non-SEA eligible applicant for Planning, 

Program Design, and Implementation, 

the Secretary considers the following 

criteria: 

(i) The quality of the proposed 

curriculum and instructional practices 

(20 points). 

Note: The Secretary encourages the 

applicant to describe the educational 

program to be implemented by the proposed 

charter school, including how the program 

will enable all students to meet challenging 

State student academic achievement 

standards, the grade levels or ages of students 

to be served, and the curriculum and 

instructional practices to be used. 

(ii) The degree of flexibility afforded 

by the SEA and, if applicable, the LEA 

to the charter school (10 points). 

Note: The Secretary encourages the 

applicant to include a description of how the 

State’s law establishes an administrative 

relationship between the charter school and 

the authorized public chartering agency and 

exempts the charter school from significant 

State or local rules that inhibit the flexible 

operation and management of public schools. 

The Secretary also encourages the 

applicant to include a description of the 

degree of autonomy the charter school 

will have over such matters as the 

charter school’s budget, expenditures, 

daily operation, and personnel in 

accordance with its State’s charter 

school law. 

(iii) The extent of community support 

for the application (20 points). 

Note: The Secretary encourages the 

applicant to describe how parents and other 

members of the community will be informed 

about the charter school, and how students 

will be given an equal opportunity to attend 

the charter school. 

(iv) The ambitiousness of the 

objectives for the charter school (10 

points). 

Note: The Secretary encourages the 

applicant to describe the objectives for the 

charter school and how these grant funds 

will be used, including how these funds will 

be used in conjunction with other Federal 

programs administered by the Secretary, in 

meeting these objectives. 

(v) The quality of the strategy for 

assessing achievement of those 

objectives (20 points). 

(vi) The likelihood that the charter 

school will meet those objectives and 

improve educational results for students 

during and after the period of Federal 

financial assistance (10 points). 

(vii) The extent to which the proposed 

project encourages parental involvement 

(10 points). 

Note: The Secretary encourages the 

applicant to describe how parents and other 

members of the community will be involved 

in the planning, program design, and 

implementation of the charter school. 

(viii) The quality of the personnel 

who will carry out the proposed project. 

In determining the quality of project 

personnel, the Secretary considers the 

qualifications, including relevant 

training and experience, of the project 

director; and the extent to which the 

applicant encourages applications for 

employment from persons who are 

members of groups that have 

traditionally been underrepresented 

based on race, color, national origin, 

gender, age, or disability (10 points). 

(ix) The contribution the charter 

school will make in assisting 

educationally disadvantaged and other 

students to achieve to State academic 

content standards and State student 

academic achievement standards (20 

points). 

(c) Selection Criteria (CFDA No. 

84.282C). The following selection 

criteria are from section 5204 of the 

ESEA and 34 CFR 75.210 of EDGAR. 

The maximum possible score for all 

the criteria in this section is 110 points. 

The maximum possible score for each 

criterion is indicated in parentheses 

following the criterion. 

In evaluating an application from a 

non-SEA eligible applicant for a 

dissemination grant, the Secretary 

considers the following criteria: 

(i) The quality of the proposed 

dissemination activities and the 

likelihood that those activities will 

improve student achievement (30 

points). 

Note: The Secretary encourages the 

applicant to describe the objectives for the 

proposed dissemination activities and the 

methods by which the charter school will 

determine its progress toward achieving 

those objectives. 

(ii) The extent to which the school has 

demonstrated overall success, 

including— 

(1) Substantial progress in improving 

student achievement (10 points); 

(2) High levels of parent satisfaction 

(10 points); and 

(3) The management and leadership 

necessary to overcome initial start-up 

problems and establish a thriving, 

financially viable charter school (10 

points). 

(iii) The extent to which the results of 

the proposed project will be 

disseminated in a manner that will 

enable others to use the information or 

strategies (20 points). 

(iv) The quality of the personnel who 

will carry out the proposed project. In 

determining the quality of project 

personnel, the Secretary considers the 

qualifications, including relevant 

training and experience, of the project 

director and the extent to which the 

applicant encourages applications for 

employment from persons who are 

members of groups that have 

traditionally been underrepresented 

based on race, color, national origin, 

gender, age, or disability (10 points). 

(v) 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 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 (20 points). 

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). 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 in this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section in 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37025 

1 FERC confirmed and approved Rate Order No. 

WAPA–120 on June 22, 2006, in Docket No. EF05– 

5091–000, See United States Department of Energy, 

Western Area Power Administration, Boulder 

Canyon Project, 115 FERC ¶ 61.362 (June 22, 2006). 

application as part of your binding 

commitments under the grant. 

3. Reporting: 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 multi-year 

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 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: The goal of 

the CSP is to support the creation and 

development of a large number of highquality charter schools that are free from 

State or local rules that inhibit flexible 

operation, are held accountable for 

enabling students to reach challenging 

State performance standards, and are 

open to all students. The Secretary has 

two performance indicators to measure 

this goal: (1) The number of charter 

schools in operation around the Nation, 

and (2) the percentage of charter school 

students who are achieving at or above 

the proficient level on State 

examinations in mathematics and 

reading. Additionally, the Secretary has 

established the following measure to 

examine the efficiency of the CSP: 

Federal cost per student in 

implementing a successful school 

(defined as a school in operation for 

three or more consecutive years). 

All grantees will be expected to 

submit an annual performance report 

documenting their contribution in 

assisting the Department in meeting 

these performance measures. 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: Erin 

Pfeltz, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

4W255, Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or by e-mail: 

erin.pfeltz@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: July 22, 2009. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. E9–17851 Filed 7–24–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Boulder Canyon Project 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of base charge and rates. 

SUMMARY: The Deputy Secretary of 

Energy approved the Fiscal Year (FY) 

2010 Base Charge and Rates (Rates) for 

Boulder Canyon Project (BCP) electric 

service provided by the Western Area 

Power Administration (Western). The 

Rates will provide sufficient revenue to 

pay all annual costs, including interest 

expense, and repay investments within 

the allowable period. 

DATES: The Rates will be effective the 

first day of the first full billing period 

beginning on or after October 1, 2009. 

These Rates will stay in effect through 

September 30, 2010, or until superseded 

by other rates. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jack Murray, Rates Manager, Desert 

Southwest Customer Service Region, 

Western Area Power Administration, 

P.O. Box 6457, Phoenix, AZ 85005– 

6457, (602) 605–2442, e-mail 

jmurray@wapa.gov. 

SUPPLEMENTARY INFORMATION: Rate 

Schedule BCP–F7, Rate Order No. 

WAPA–120, effective October 1, 2005 

through September 30, 2010, allows for 

an annual recalculation of the rates.1

This notice sets forth the recalculated 

rates for FY 2010. 

Under Rate Schedule BCP–F7, the 

existing composite rate effective on 

October 1, 2008 was 18.62 mills per 

kilowatthour (mills/kWh). The base 

charge was $70,213,497, the energy rate 

was 9.31 mills/kWh, and the capacity 

rate was $1.73 per kilowattmonth 

(kWmonth). The re-calculated rates for 

BCP electric service, to be effective 

October 1, 2009, will result in an overall 

composite rate of 18.93 mills/kWh. The 

proposed rates were calculated using 

the FY 2010 Final Master Schedule. 

This resulted in an increase of 

approximately 1.70 percent when 

compared with the existing BCP electric 

service composite rate. The increase is 

due to a decrease in the projected 

energy sales and an increase in the 

annual revenue requirement. The FY 

2010 base charge is increasing to 

$70,681,340. The major contributing 

factors to the base charge increase is the 

increase in annual operation and 

maintenance expenses and uprating 

program payments. The FY 2010 energy 

rate of 9.47 mills/kWh is approximately 

a 1.70 percent increase from the existing 

energy rate of 9.31 mills/kWh. The 

increase in the energy rate is due to a 

decrease in the projected energy sales 

resulting from a decrease in projected 

water releases. The FY 2010 capacity 

rate of $1.76/kWmonth reflects an 

increase of approximately 1.22 percent 

compared to the existing capacity rate of 

$1.73/kWmonth. The increase in the 

capacity rate is due to a decrease in the 

projected capacity sales resulting from 

dropping lake elevations. Another factor 

contributing to the increase in both the 

energy and capacity rates is the increase 

in the annual revenue requirement. The 

following summarizes the steps taken by 

Western to ensure involvement of all 

Interested Parties in determining the 

Rates: 

1. A Federal Register notice was 

published on February 2, 2009 (74 FR 

5839), announcing the proposed rate 

adjustment process, initiating a public 

consultation and comment period, 

announcing public information and 

public comment forums, and presenting 

procedures for public participation. 

2. Discussion of the proposed Rates 

was initiated at an informal BCP 

Contractor meeting held March 11, 2009 

in Phoenix, Arizona. At this informal 

meeting, representatives from Western 

and the Bureau of Reclamation 

(Reclamation) explained the basis for 


jlentini on DSKJ8SOYB1PROD with NOTICES