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22422

Federal Register

/Vol. 67, No. 86/Friday, May 3, 2002/Notices

Additional Information

: TheDepartment is requesting emergencyprocessing and a May 3 approval for thisinformation collection since it couldpotentially result in public harm if thiscollection went through the normalclearance process. Applications forCharacter Education Program grantsmust be available in early May in orderto provide applicants with sufficienttime to develop and submit strongapplications by early July, 2002. TheDepartment of Education must awardthese grants by early August or soonerto allow the involved state and localeducation agencies sufficient time forplanning during the summer so thatimplementation occurs in September,2002.

Frequency:

Annually.

Affected Public

: State, Local, or TribalGov

’

t, SEAs or LEAs.

Reporting and Recordkeeping Hour Burden

:Responses: 500.Burden Hours: 12,000.Requests for copies of the proposedinformation collection request may beaccessed from

http://edicsweb.ed.gov

, by selecting the

‘‘

Browse PendingCollections

’’

link and by clicking onlink number 2028. When you access theinformation collection, click on

‘‘

Download Attachments

‘‘

to view.Written requests for information should be addressed to Vivian Reese,Department of Education, 400 MarylandAvenue, SW, Room 4050, RegionalOffice Building 3, Washington, DC20202

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4651 or to the e-mail addressvivian.reese@ed.gov. Requests may also be electronically mailed to the internetaddress

OCIO

RIMG@ed.gov

or faxed to202

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708

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9346. Please specify thecomplete title of the informationcollection when making your request.Comments regarding burden and/orthe collection activity requirementsshould be directed to Kathy Axt at herinternet address

Kathy.Axt@ed.gov.

Individuals who use atelecommunications device for the deaf (TDD) may call the Federal InformationRelay Service (FIRS) at 1

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800

–

877

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8339.

[FR Doc. 02

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10986 Filed 5

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02; 8:45 am]

BILLING CODE 4000

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DEPARTMENT OF EDUCATION

[CFDA Nos.: 84.282A, 84.282B, and 84.282C]

Office of Elementary and SecondaryEducation

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Public Charter SchoolsProgram (PCSP); Notice InvitingApplications for New Awards for FiscalYear (FY) 2002.

Purpose of Program:

The purpose of the PCSP is to increase nationalunderstanding of the charter schoolmodel and to expand the number of high-quality charter schools available tostudents across the Nation by providingfinancial assistance for the planning,program design, and initialimplementation of charter schools;evaluating the effects of charter schools,including the effects on students,student academic achievement, staff,and parents; and encouraging States toprovide support to charter schools forfacilities financing in an amount morecommensurate to the amount Stateshave typically provided for traditionalpublic schools.

Eligible Applicants:

(a) Stateeducational agencies (SEAs) in Stateswith a specific State statute authorizingthe establishment of charter schoolsmay apply for funding. The Secretaryawards grants to SEAs to enable them toconduct charter school programs intheir States. SEAs use their PCSP fundsto award subgrants to

‘‘

eligibleapplicants,

’’

as defined in this notice,for planning, program design, and initialimplementation of a charter school; andto support the dissemination of information about, and successfulpractices in, charter schools. A charterschool may apply for funds to carry outdissemination activities, whether or notthe charter school has applied for orreceived funds under the PCSP forplanning or implementation, if thecharter school has been in operation forat least three consecutive years and hasdemonstrated overall success,including

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(1) Substantial progress in improvingstudent achievement;(2) High levels of parent satisfaction;and(3) The management and leadershipnecessary to overcome initial start-upproblems and establish a thriving,financially viable charter school.(b) Non-SEA eligible applicants mayapply for funding directly from the U.S.Department of Education (Department)if the SEA in the State elects not toparticipate in the PCSP or does not havean application approved under theprogram. An

‘‘

eligible applicant

’’

isdefined as a developer that has appliedto an authorized chartering authority tooperate a charter school and hasprovided to that authority adequate andtimely notice and a copy of its PCSPapplication,

except that theserequirements may be waived in the caseof a pre-charter planning grant.

If anSEA

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s application is approved in thiscompetition, applications received fromnon-SEA eligible applicants in that Statewill be returned to the applicants. Insuch a case, the non-SEA eligibleapplicant should contact the SEA forinformation related to the State

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ssubgrant competition.

Note:

The following States currently haveapproved applications under this program:California, Colorado, Georgia, Indiana,Kansas, Louisiana, Massachusetts, Michigan,Minnesota, Missouri, Nevada, New Mexico,Ohio, Pennsylvania, Rhode Island, SouthCarolina, and Texas. In these States, only theSEA is eligible to receive an award under thiscompetition. Eligible applicants in theseStates should contact their respective SEAsfor information about participation in theState

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s charter school subgrant program. Non-SEA eligible applicants in States that are notlisted above must apply directly to theDepartment on or before the deadline fortransmittal of applications in order to beconsidered for funding in this competition.

Applications Available:

May 3, 2002.

Deadline for Transmittal of Applications:

July 2, 2002.

Deadline for Intergovernmental Review:

September 3, 2002.

Estimated Available Funds:

$50,000,000.

Estimated Range of Awards:

State educational agencies: $500,000

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$8,000,000 per year.Other eligible applicants: $10,000

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$150,000 per year.

Estimated Average Size of Awards:

State educational agencies: $2,500,000per year.Other eligible applicants: $150,000per year.

Estimated Number of Awards:

State educational agencies: 15

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18.Other eligible applicants: 50

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70.

Note:

These estimates are projections forthe guidance of potential applicants. TheDepartment is not bound by any estimates inthis notice.

Project Period:

Up to 36 months.

Note:

Grants awarded by the Secretarydirectly to non-SEA eligible applicants orsubgrants awarded by SEAs to eligibleapplicants will be awarded for a period of upto 36 months, no more than 18 months of which may be used for planning and programdesign; no more than two years of which may be used for the initial implementation of acharter school; and no more than two yearsof which may be used to carry outdissemination activities.

Applicable Regulations and Statute:

(a) The Education Department General

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Federal Register

/Vol. 67, No. 86/Friday, May 3, 2002/Notices

Administrative Regulations (EDGAR) in34 CFR parts 75, 76, 77, 79, 80, 81, 82,85, 86, 97, and 99; and (b) Title V, partB, subpart 1 (formerly Title X, part C)of the Elementary and SecondaryEducation Act of 1965, as amended bythe No Child Left Behind Act of 2001(ESEA), 20 U.S.C. 7221

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7221j.

SUPPLEMENTARY INFORMATION

As part of wider education reform efforts toimprove student achievement, thedevelopment of charter schools is aninnovative approach to improvingpublic education and expandingparental options in education. Whilecharter school laws vary by State, publiccharter schools are granted greaterflexibility in exchange for accountabilityfor results. They are also public schoolsof choice in that all students, parents,and faculty associate with charterschools voluntarily. They are intendedto stimulate the creativity andcommitment of teachers, parents,students, and citizens to improvestudent academic achievement.Congress reauthorized the PCSP in January 2002, by enacting the No ChildLeft Behind Act of 2001. Under the newlegislation, a non-SEA eligible applicantfor PCSP funds must submit anapplication for a charter to anauthorized public chartering agency andprovide adequate and timely notice anda copy of its PCSP application to theauthorized public chartering agency.The SEA or the Secretary may waivethese requirements in cases where theeligible applicant is applying for a pre-charter planning grant or subgrant.The new legislation also added aspecific provision prohibiting localeducational agencies (LEAs) fromdeducting funds for administrative feesor expenses from a subgrant awarded toan eligible applicant, unless the eligibleapplicant voluntarily enters into amutually agreed upon arrangement foradministrative services with the LEA.Additional information about the PCSP,including application requirements,selection criteria, priorities, diversity of projects, and waivers is provided in theapplication package for this program.

Selection Criteria

The Department will hold three (3)separate competitions under thisprogram. All SEA applicants must applyfor grant funds under CFDA No.84.282A. Non-SEA eligible applicantsthat propose to use grant funds forplanning, program design, andimplementation must apply underCFDA No. 84.282B; and non-SEAeligible applicants that are requestingfunds for dissemination activities mustsubmit their applications under CFDANo. 84.282C.(A)

CFDA No. 84.282A

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SelectionCriteria for SEAs.

SEAs that propose touse a portion of their grant funds fordissemination activities must addresseach selection criterion listed below.SEAs that do not propose to use aportion of their grant funds fordissemination activities must addressselection criteria (1) through (7) only,and need not address selection criterion(8) below. The maximum possible scoreis 130 points for SEAs that do notpropose to use grant funds to supportdissemination activities, and 150 pointsfor SEAs that propose to use grant fundsto support dissemination activities. Themaximum possible score for eachcriterion is indicated in parenthesesfollowing the criterion. To ensurefairness, if an SEA is not proposing touse grant funds to supportdissemination activities, the Secretarywill not consider points awarded undercriterion (8) in determining whether toapprove an application for funding.In evaluating an application from anSEA, the Secretary considers thefollowing criteria:(1) The contribution the charterschool grant program will make inassisting educationally disadvantagedand other students to achieve Stateacademic content standards and Statestudent academic achievementstandards (25 points).(2) The degree of flexibility afforded by the SEA to charter schools under theState

’

s charter school law (20 points).(3) The ambitiousness of theobjectives for the State charter schoolgrant program (15 points).(4) The quality of the SEA

’

s strategyfor assessing achievement of thoseobjectives (15 points).(5) The likelihood that the charterschool grant program will meet thoseobjectives and improve educationalresults for students (15 points).(6) The number of high-quality charterschools to be created in the State (20points).(7) The adequacy of the managementplan to achieve the objectives of theproposed project on time and within budget, including clearly definedresponsibilities, timelines, andmilestones for accomplishing projecttasks (20 points).(8) In the case of SEAs that proposeto use grant funds to supportdissemination activities under section5204(f)(6) of the ESEA, the quality of thedissemination activities and thelikelihood that those activities willimprove student achievement (20points).(B)

CFDA No. 84.282B

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SelectionCriteria for Non-SEA Eligible Applicants for Planning, Program Design, and Implementation Grants.

The maximumpossible score for all of the criteria inthis section is 145 points. Themaximum possible score for eachcriterion is indicated in parenthesesfollowing the criterion. In evaluating anapplication from a non-SEA eligibleapplicant for Planning, Program Design,and Implementation, the Secretaryconsiders the following criteria:(1) The quality of the proposedcurriculum and instructional practices(20 points).(2) The degree of flexibility afforded by the SEA and, if applicable, the (LEA)to the charter school (10 points).(3) The extent of community supportfor the application (10 points).(4) The ambitiousness of theobjectives for the charter school (15points).(5) The quality of the strategy forassessing achievement of thoseobjectives (15 points).(6) The likelihood that the charterschool will meet those objectives andimprove educational results for studentsduring and after the period of Federalfinancial assistance (20 points). (7)(7) The extent to which the proposedproject encourages parental involvement(10 points).(8) The qualifications, includingrelevant training and experience, of theproject director; and the extent to whichthe applicant encourages applicationsfor employment from persons who aremembers of groups that havetraditionally been underrepresented based on race, color, national origin,gender, age, or disability (20 points).(9) The contribution the charterschool will make in assistingeducationally disadvantaged and otherstudents to achieve State academiccontent standards and State studentacademic achievement standards (25points).(C)

CFDA No. 84.282C

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SelectionCriteria for Non-SEA Eligible Applicants for Dissemination Grants.

Themaximum possible score for all of thecriteria in this section is 125 points. Themaximum possible score for eachcriterion is indicated in parenthesesfollowing the criterion. In evaluating anapplication from a non-SEA eligibleapplicant for a dissemination grant, theSecretary considers the followingcriteria:(1) The quality of the proposeddissemination activities and thelikelihood that those activities willimprove student achievement (30points).(2) The extent to which the school hasdemonstrated overall success, including(a) substantial progress in improvingstudent achievement (15 points); (b)

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Federal Register

/Vol. 67, No. 86/Friday, May 3, 2002/Notices

high levels of parent satisfaction (15points); and (c) the management andleadership necessary to overcome initialstart-up problems and establish athriving, financially viable charterschool (15 points).(3) The extent to which the results of the proposed project are to bedisseminated in a manner that willenable others to use the information orstrategies (20 points).(4) The qualifications, includingrelevant training and experience of theproject director; and the extent to whichthe applicant encourages applicationsfor employment from persons who aremembers of groups that havetraditionally been underrepresented based on race, color, national origin,gender, age, or disability (15 points).(5) The adequacy of the managementplan to achieve the objectives of theproposed project on time and within budget, including clearly definedresponsibilities, timelines, andmilestones for accomplishing projecttasks (15 points).

Priority Treatment:

In accordancewith statutory requirements, inawarding grants to SEAs under thiscompetition, the Secretary gives priorityto States to the extent that the Statemeets the statutory criterion describedin paragraph (a) below, and one or moreof the statutory criteria described inparagraphs (b) through (d) below. AnSEA that meets priority (a) but does notmeet one or more of the other prioritieswill not receive any priority points.Likewise, an SEA that does not meetpriority (a) but meets one or more of theother priorities will not receive anypriority points. The maximum numberof priority points for all of the prioritiesin this section is 40 points.(a)

Periodic Review and Evaluation.

The State provides for periodic reviewand evaluation by the authorized publicchartering agency of each charter schoolat least once every 5 years, unlessrequired more frequently by State law,to determine whether the charter schoolis meeting the terms of the school

’

scharter, and is meeting or exceeding theacademic performance requirementsand goals for charter schools as set forthunder State law or the school

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s charter(10 points).(b)

Number of High-Quality Charter Schools.

The State has demonstratedprogress in increasing the number of high-quality charter schools that areheld accountable in the terms of theschools

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charters for meeting clear andmeasurable objectives for theeducational progress of the studentsattending the schools, in the periodprior to the period for which an SEA oreligible applicant applies for a grantunder this competition (10 points).(c)

One Authorized Public Chartering Agency Other than an LEA, or anAppeals Process.

The State

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(1) Provides for one authorized publicchartering agency that is not an LEA,such as a State chartering board, foreach individual or entity seeking tooperate a charter school pursuant tosuch State law; or(2) In the case of a State in whichLEAs are the only authorized publicchartering agencies, allows for anappeals process for the denial of anapplication for a charter school (10points).(d)

High Degree Autonomy.

The Stateensures that each charter school has ahigh degree of autonomy over thecharter school

’

s budgets andexpenditures (10 points).

Other Statutory Provisions:

Thefollowing definitions, amount criteria,allowable activities, and authorized usesof funds for dissemination activities aretaken from the PCSP authorizing statute,in Title V, Part B, Subpart 1 of theESEA. They are repeated in thisapplication notice for the convenienceof the applicant. Other statutoryrequirements also apply to this program.The entire authorizing statute isincluded in the application package forthe program.

Definitions

The following definitions apply tothis program:(a)

Charter school

means a publicschool that

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(1) In accordance with a specific Statestatute authorizing the granting of charters to schools, is exempted fromsignificant State or local rules thatinhibit the flexible operation andmanagement of public schools, but notfrom any rules relating to the otherrequirements of this definition;(2) Is created by a developer as apublic school, or is adapted by adeveloper from an existing publicschool, and is operated under publicsupervision and direction;(3) Operates in pursuit of a specificset of educational objectives determined by the school

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s developer and agreed to by the authorized public charteringagency;(4) Provides a program of elementaryor secondary education, or both;(5) Is nonsectarian in its programs,admissions policies, employmentpractices, and all other operations, andis not affiliated with a sectarian schoolor religious institution;(6) Does not charge tuition;(7) Complies with the AgeDiscrimination 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 WithDisabilities Education Act;(8) Is a school to which parentschoose to send their children, and thatadmits students on the basis of a lottery,if more students apply for admissionthan can be accommodated;(9) Agrees to comply with the sameFederal and State audit requirements asdo other elementary and secondaryschools in the State, unless therequirements are specifically waived forthe purposes of this program;(10) Meets all applicable Federal,State, and local health and safetyrequirements;(11) Operates in accordance withState law; and(12) Has a written performancecontract with the authorized publicchartering agency in the State thatincludes a description of how studentperformance will be measured in charterschools pursuant to State assessmentsthat are required of other schools andpursuant to any other assessmentsmutually agreeable to the authorizedpublic chartering agency and the charterschool.(b)

Developer

means an individual orgroup of individuals (including a publicor private nonprofit organization),which may include teachers,administrators and other school staff,parents, or other members of the localcommunity in which a charter schoolproject will be carried out.(c)

Eligible applicant

means adeveloper that has (1) applied to anauthorized public chartering authorityto operate a charter school; and (2)provided adequate and timely notice tothat authority under section 5203(d)(3)of the ESEA.

Note:

Section 5203(d)(3) requires theeligible applicant to provide the authoritywith timely notice and a copy of itsapplication for PCSP funds. The Secretary orSEA may waive these requirements in thecase of an application for a precharterplanning grant or subgrant.

(d)

Authorized public chartering agency

means an SEA, LEA, or otherpublic entity that has the authorityunder State law and is approved by theSecretary to authorize or approve acharter school.

Amount Criteria

In determining the amount of a grantto be awarded under this competition toan SEA, the Secretary shall take intoconsideration the number of charterschools that are operating or approvedto open in the State.