FR Doc E9-772[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2569-2573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-80]
Download: 
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Innovation and Improvement; Overview Information: State
Charter School Facilities Incentive Grants Program; Notice Inviting
Applications for New Awards for Fiscal Year (FY) 2009
Catalog of Federal Domestic Assistance (CFDA) Number: 84.282D.
DATES: Applications Available: January 15, 2009.
Deadline for Transmittal of Applications: July 1, 2009.
Deadline for Intergovernmental Review: August 31, 2009.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: This program provides grants to eligible States
to help them establish or enhance, and administer, per-pupil facilities
aid programs for charter schools. States eligible for these grants are
those with per-pupil aid programs that assist charter schools with
their school facility costs.
Priorities: In accordance with 34 CFR 75.105(b)(2)(ii), these
priorities are from the regulations for this program (34 CFR 226.13 and
226.14).
Competitive Preference Priorities: For FY 2009 and any subsequent
year in which we make awards from the list of unfunded applicants from
this competition, these priorities are competitive preference
priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional
40 points to an application, depending on how well the application
meets these priorities.
These priorities are:
Competitive Preference Priority 1. The Secretary will award up to
20 points to an application under competitive preference priority 1.
The applicant must meet all of the following requirements ((a) through
(d)) in order to receive the full 20 points. The requirements are:
(a) Periodic Review and Evaluation.
The State provides for periodic review and evaluation by the
authorized public chartering agency of each charter school at least
once every five years unless required more frequently by State law, to
determine whether the charter school is meeting the terms of the
school's charter and is meeting or exceeding the student academic
performance requirements and goals for charter schools as set forth
under State law or the school's charter.
(b) Number of High-Quality Charter Schools.
The State has demonstrated progress in increasing the number of
high-quality charter schools that are held accountable in the terms of
the schools' charters for meeting clear and measurable objectives for
the educational progress of the students attending the schools, in the
period prior to the period for which the State applies for a grant
under this competition.
(c) One Authorized Public Chartering Agency Other than an LEA, or
an Appeals Process.
The State--
(1) Provides for one authorized public chartering agency that is
not a local educational agency (LEA), such as a State chartering board,
for each individual or entity seeking to operate a charter school
pursuant to State law; or
(2) In the case of a State in which LEAs are the only authorized
public chartering agencies, allows for an appeals process for the
denial of an application for a charter school.
(d) High Degree of Autonomy.
The State ensures that each charter school has a high degree of
autonomy over the charter school's budgets and expenditures.
Competitive Preference Priority 2. The Secretary may award up to 10
points to an application under a competitive preference priority
regarding the capacity of charter schools to offer public school choice
in those communities with the greatest need for this choice based on--
(1) The extent to which the applicant would target services to
geographic areas in which a large proportion or number of public
schools have been identified for improvement, corrective action, or
restructuring under title I of the Elementary and Secondary Education
Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001
(NCLB), 20 U.S.C. 7221a(e);
(2) The extent to which the applicant would target services to
geographic areas in which a large proportion of students perform poorly
on State academic assessments; and
(3) The extent to which the applicant would target services to
communities with large proportions of low-income students.
Competitive Preference Priority 3. The Secretary may award up to 10
points to an application under a competitive preference priority for
applicants that have not previously received a grant under the program.
Program Authority: 20 U.S.C. 7221d(b).
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80,
81, 82, 84, 85, 97, 98, and 99. (b) The regulations for this program in
34 CFR part 226.
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian tribes.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: The Administration has requested
$14,782,000 for new awards for this program for FY 2009. The actual
level of funding, if any, depends on final congressional action.
However, we are inviting applications to allow enough time to complete
the grant process before the end of the current fiscal year,
[[Page 2570]]
if Congress appropriates funds for this program.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in FY 2010 from the list of
unfunded applications from this competition.
Estimated Range of Awards: $2,000,000-$10,000,000.
Estimated Average Size of Awards: $3,695,500.
Estimated Number of Awards: 4.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: States that have enacted a State law
authorizing per-pupil facilities aid for charter schools.
2. a. Cost Sharing or Matching: Under section 5205(b)(2)(C) of the
ESEA, as amended by the NCLB, States, or parties that are closely
collaborating with them, are required to provide matching funds. The
minimum non-Federal share of the total cost of the project increases
each year of the grant, from 10 percent the first year to 80 percent in
the fifth year.
Applicants that are initially selected to receive grants will not
receive grant funds unless they demonstrate, by July 15, 2009, that
they will be able to fund the non-Federal share of the matching funds
required under this program. The Department reserves the right to
reject an application if an initial recipient does not demonstrate that
it will have the required non-Federal funding by this date.
b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements under section 5205(b)(3)(C) of the ESEA
(20 U.S.C. 7221d(b)(3)(C)).
Funds under this program must be used to supplement, and not
supplant, State and local public funds expended to provide per pupil
facilities aid programs, operations, financing programs, or other
programs, for charter schools. Therefore, the Federal funds provided
under this program, as well as the matching funds provided by the
grantee, must be in addition to the State and local funds that would
otherwise be used for this purpose in the absence of this Federal
program. The Department generally considers that State and local funds
would be available for this purpose at least in the amount of the funds
that was available in the preceding comparison year and that the
Federal funds and matching funds under this program would supplement
that amount.
3. Other: The charter schools that a grantee selects to benefit
from this program must meet the definition of a charter school, as
defined in the Charter Schools Program authorizing statute in section
5210(1) of the ESEA. The definitions of charter school and authorized
public chartering agency are in the application package.
IV. Application and Submission Information
1. Address To Request Application Package: Valarie Perkins, U.S.
Department of Education, 400 Maryland Avenue, SW., room 4W258,
Washington, DC 20202-5970. Telephone: (202) 260-1924 or by e-mail:
Valarie.Perkins@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: We have found that reviewers are able to conduct the
highest-quality review when applications are concise and easy to read.
Applicants are encouraged to limit their applications to no more than
30 double-spaced pages (not including the required forms and tables),
to use a 12-point or larger-size font with one-inch margins at the top,
bottom, and both sides, and to number pages consecutively. Furthermore,
applicants are strongly encouraged to include a table of contents that
specifies where each required part of the application is located.
3. Submission Dates and Times:
Applications Available: January 15, 2009.
Deadline for Transmittal of Applications: July 1, 2009.
Applications for grants under this program must be submitted
electronically using the Grants.gov Apply site (Grants.gov). 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: August 31, 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: We specify unallowable costs in 34 CFR
75.533. We reference additional regulations outlining funding
restrictions in the Applicable Regulations section of 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 State Charter School Facilities
Incentive Grants Program, CFDA number 84.282D, must be submitted
electronically using the Governmentwide Grants.gov Apply site at
www.Grants.gov. Through this site, you will be able to download a copy
of the application package, complete it offline, and then upload and
submit your application. You may not e-mail an electronic copy of a
grant application to us.
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.
You may access the electronic grant application for State Charter
School Facilities Incentive Grants Program at
[[Page 2571]]
www.Grants.gov. You must search for the downloadable application
package for this program by the CFDA number. Do not include the CFDA
number's alpha suffix in your search (e.g. , search for 84.282, not
84.282D).
Please note the following:
When you enter the Grants.gov site, you will find
information about submitting an application electronically through the
site, as well as the hours of operation.
Applications received by Grants.gov are date and time
stamped. Your application must be fully uploaded and submitted and must
be date and time stamped by the Grants.gov system no later than 4:30:00
p.m., Washington, DC time, on the application deadline date. Except as
otherwise noted in this section, we will not accept your application if
it is received--that is, date and time stamped by the Grants.gov
system--after 4:30:00 p.m., Washington, DC time, on the application
deadline date. We do not consider an application that does not comply
with the deadline requirements. When we retrieve your application from
Grants.gov, we will notify you if we are rejecting your application
because it was date and time stamped by the Grants.gov system after
4:30:00 p.m., Washington, DC time, on the application deadline date.
The amount of time it can take to upload an application
will vary depending on a variety of factors, including the size of the
application and the speed of your Internet connection. Therefore, we
strongly recommend that you do not wait until the application deadline
date to begin the submission process through Grants.gov.
You should review and follow the Education Submission
Procedures for submitting an application through Grants.gov that are
included in the application package for this program to ensure that you
submit your application in a timely manner to the Grants.gov system.
You can also find the Education Submission Procedures pertaining to
Grants.gov at http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.
To submit your application via Grants.gov, you must
complete all steps in the Grants.gov registration process (see
www.grants.gov/applicants/get_registered.jsp). These steps include (1)
registering your organization, a multi-part process that includes
registration with the Central Contractor Registry (CCR); (2)
registering yourself as an Authorized Organization Representative
(AOR); and (3) getting authorized as an AOR by your organization.
Details on these steps are outlined in the Grants.gov 3-Step
Registration Guide (see
http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).
You also must provide on your
application the same D-U-N-S Number used with this registration. Please
note that the registration process may take five or more business days
to complete, and you must have completed all registration steps to
allow you to submit successfully an application via Grants.gov. In
addition you will need to update your CCR registration on an annual
basis. This may take three or more business days to complete.
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:
Application for Federal Assistance (SF 424), the Department of
Education Supplemental Information for SF 424, Budget Information--Non-
Construction 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.
After you electronically submit your application, you will
receive from Grants.gov an automatic notification of receipt that
contains a Grants.gov tracking number. (This notification indicates
receipt by Grants.gov only, not receipt by the Department.) The
Department then will retrieve your application from Grants.gov and send
a second notification to you by e-mail. This second notification
indicates that the Department has received your application and has
assigned your application a PR/Award number (an ED-specified
identifying number unique to your application).
We may request that you provide us original signatures on
forms at a later date.
Application Deadline Date Extension in Case of Technical Issues
With the Grants.gov System: If you are experiencing problems submitting
your application through Grants.gov, please contact the Grants.gov
Support Desk, toll free, at 1-800-518-4726. You must obtain a
Grants.gov Support Desk Case Number and must keep a record of it.
If you are prevented from electronically submitting your
application on the application deadline date because of technical
problems with the Grants.gov system, we will grant you an extension
until 4:30:00 p.m., Washington, DC time, the following business day to
enable you to transmit your application electronically or by hand
delivery. You also may mail your application by following the mailing
instructions described elsewhere in this notice.
If you submit an application after 4:30:00 p.m., Washington, DC
time, on the application deadline date, please contact the person
listed under FOR FURTHER INFORMATION CONTACT in section VII of this
notice and provide an explanation of the technical problem you
experienced with Grants.gov, along with the Grants.gov Support Desk
Case Number. We will accept your application if we can confirm that a
technical problem occurred with the Grants.gov system and that that
problem affected your ability to submit your application by 4:30:00
p.m., Washington, DC time, on the application deadline date. The
Department will contact you after a determination is made on whether
your application will be accepted.
Note: The extensions to which we refer in this section apply
only to the unavailability of, or technical problems with, the
Grants.gov system. We will not grant you an extension if you failed
to fully register to submit your application to Grants.gov before
the application deadline date and time or if the technical problem
you experienced is unrelated to the Grants.gov system.
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 the Grants.gov system because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
the Grants.gov system; 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
prevent you from using the Internet to submit your application.
If you mail your written statement to the Department, it must be
postmarked
[[Page 2572]]
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: Valarie Perkins, U.S.
Department of Education, 400 Maryland Avenue, SW., room 4W258,
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 84.282D) 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 84.282D) 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
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
1. Selection Criteria: The selection criteria for this program are
from the program regulations in 34 CFR 226.12. The maximum score for
all of the selection criteria is 100 points. The maximum score for each
criterion is indicated in parentheses. Each criterion also includes the
factors that the reviewers will consider to determine how well an
application meets the criterion. We encourage applicants to make
explicit connections to the selection criteria and factors in their
applications.
(a) Need for facility funding (30 points).
(1) The need for per-pupil charter school facility funding in the
State.
(2) The extent to which the proposal meets the need to fund charter
school facilities on a per-pupil basis.
(b) Quality of plan (30 points).
(1) The likelihood that the proposed grant project will result in
the State either retaining a new per-pupil facilities aid program or
continuing to enhance such a program without the total amount of
assistance (State and Federal) declining over a five-year period.
(2) The flexibility charter schools have in their use of facility
funds for the various authorized purposes.
(3) The quality of the plan for identifying charter schools and
determining their eligibility to receive funds.
(4) The per-pupil facilities aid formula's ability to target
resources to charter schools with the greatest need and the highest
proportions of students in poverty.
(5) For projects that plan to reserve funds for evaluation, the
quality of the applicant's plan to use grant funds for this purpose.
(6) For projects that plan to reserve funds for technical
assistance, dissemination, or personnel, the quality of the applicant's
plan to use grant funds for these purposes.
(c) The grant project team (15 points).
(1) The qualifications, including relevant training and experience,
of the project manager and other members of the grant project team,
including employees not paid with grant funds, consultants, and
subcontractors.
(2) The adequacy and appropriateness of the applicant's staffing
plan for the grant project.
(d) The budget (15 points).
(1) The extent to which the requested grant amount and the project
costs are reasonable in relation to the objectives, design, and
potential significance of the proposed grant project.
(2) The extent to which the costs are reasonable in relation to the
number of students served and to the anticipated results and benefits.
(3) The extent to which the non-Federal share exceeds the minimum
percentages (which are based on the percentages under section
5205(b)(2)(C) of the ESEA), particularly in the initial years of the
program.
(e) State experience (10 points).
The experience of the State in addressing the facility needs of
charter schools through various means, including providing per-pupil
aid, access to State loan or bonding pools, and the use of Qualified
Zone Academy Bonds.
2. Review and Selection Process: Additional factors we consider in
selecting an application for an award are in 34 CFR 226.13 and 226.14.
Note: As described in 34 CFR 226.14(c), the Secretary may elect
to consider the points awarded under the competitive preference
priorities only for proposals that exhibit sufficient quality to
warrant funding under the selection criteria.
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.
[[Page 2573]]
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. 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).
4. Performance Measures: The performance measure for this program
is the ratio of funds leveraged by States for charter school facilities
to funds awarded by the Department under the State Charter School
Facilities Incentive Program.
VII. Agency Contacts
FOR FURTHER INFORMATION CONTACT: Valarie Perkins or Ann Margaret
Galiatsos, U.S. Department of Education, 400 Maryland Avenue, SW., room
4W258, Washington, DC 20202-5970. Telephone: (202) 260-1924 or by e-
mail: charter.facilities@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 persons 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: January 9, 2009.
Amanda L. Farris,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. E9-772 Filed 1-14-09; 8:45 am]
BILLING CODE 4000-01-P