[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Notices]
[Pages 24744-24746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11346]
[[Page 24743]]
_______________________________________________________________________
Part VIII
Department of Education
_______________________________________________________________________
Public Charter Schools Program; New Awards for Fiscal Year 1995;
Invitation to Apply; Notice
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Notices
[[Page 24744]]
DEPARTMENT OF EDUCATION
[CFDA No.: 84.282A]
Public Charter Schools Program, Notice Inviting Applications for
New Awards for Fiscal Year (FY) 1995
Purpose of Program: The purpose of the Public Charter Schools
program is to increase understanding of the charter schools model by
providing financial assistance for the design and initial
implementation of charter schools.
Eligible Applicants: State educational agencies (SEAs) that have
the authority under State law to authorize or approve a charter school,
and, if such an SEA elects not to participate in this program, eligible
applicants, as defined in this notice, that serve these States. Each
eligible applicant that is not an SEA and desires to participate in
this competition is responsible for finding out if the SEA in its State
is applying for a grant under this program. An eligible applicant that
is not an SEA that plans to participate in this competition must submit
an application in partnership with a developer--as defined in this
notice.
Note: If an eligible SEA applies but does not have an
application approved under this competition, the Secretary may issue
a separate notice at a later date inviting eligible applicants that
are not SEAs and that serve such State or States to apply directly
to the Secretary for a grant to plan and implement a charter school.
Deadline for Transmittal of Applications: June 16, 1995.
Deadline for Intergovernmental Review: August 15, 1995.
Applications Available: May 15, 1995.
Available Funds: $5,400,000.
Estimated Range of Awards: State educational agencies: $50,000-
$750,000; other eligible applicants: $10,000-$200,000.
Estimated Average Size of Awards: State educational agencies:
$500,000; other eligible applicants: $50,000.
Estimated Number of Awards: State educational agencies: 5-11; other
eligible applicants: 3-20.
Note: The Department is not bound by any estimates in this
notice.
Project Period: State educational agencies: Up to 36 months. Other
eligible applicants: Grants awarded by the Secretary to eligible
applicants or subgrants awarded by SEAs to eligible applicants will be
awarded for a period of up to 36 months, of which the eligible
applicant may use--
(a) Not more than 18 months for planning and program design; and
(b) Not more than two years for the initial implementation of a
charter school.
Applicable Regulations: The Education Department General
Administrative Regulations (EDGAR) in 34 CFR Parts 75 (except 75.210),
77, 79, 80, 81, 82, 85 and 86.
SUPPLEMENTARY INFORMATION: A part of wider efforts to enhance
flexibility in order to strengthen teaching and learning, charter
schools represent an innovative approach to improving public education.
Public charter schools are freed from most statutory and regulatory
requirements in exchange for better student academic achievement. The
idea is to replace rules-based governance with performance-based
accountability, thereby stimulating the creativity and commitment of
teachers, parents, students, and citizens.
Definitions
As used in this program--
(a) The term ``charter school'' means a public school that--
(1) In accordance with an enabling State statute, is exempted from
significant State or local rules that inhibit the flexible operation
and management of public schools, but not from any rules relating to
the other requirements of this definition;
(2) Is created by a developer as a public school, or is adapted by
a developer from an existing public school, and is operated under
public supervision and direction;
(3) Operates in pursuit of a specific set of educational objectives
determined by the school's developer and agreed to by the authorized
public chartering agency;
(4) Provides a program of elementary or secondary education, or
both;
(5) Is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not affiliated
with a sectarian school or religious institution;
(6) Does not charge tuition;
(7) Complies with the Age Discrimination Act of 1975, title VI of
the Civil Rights Act of 1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of 1973, and part B of the
Individuals With Disabilities Education Act;
(8) Admits students on the basis of a lottery, if more students
apply for admission than can be accommodated;
(9) Agrees to comply with the same Federal and State audit
requirements as do other elementary and secondary schools in the State,
unless the requirements are specifically waived for the purposes of
this program;
(10) Meets all applicable Federal, State, and local health and
safety requirements; and
(11) Operates in accordance with State law.
(b) The term ``developer'' means an individual or group of
individuals (including a public or private nonprofit organization),
which may include teachers, administrators and other school staff,
parents, or other members of the local community in which a charter
school project will be carried out.
(c) The term ``eligible applicant'' means an authorized public
chartering agency participating in a partnership with a developer to
establish a charter school in accordance with this program.
(d) The term ``authorized public chartering agency'' means a State
educational agency, local educational agency, or other public entity
that has the authority under State law and approved by the Secretary to
authorize or approve a charter school.
Contents of a State Educational Agency Application
Each SEA application shall--
(a) Describe the objectives of the SEA's charter school grant
program and how those objectives will be fulfilled, including steps
taken by the SEA to inform teachers, parents, and communities of the
SEA's charter school grant program;
(b) Contain assurances that the SEA will require each eligible
applicant desiring to receive a subgrant to submit an application to
the SEA containing--
(1) A description of the educational program to be implemented by
the proposed charter school, including (A) how the program will enable
all students to meet challenging State student performance standards;
(B) the grade levels or ages of children to be served; and (C) the
curriculum and instructional practices to be used;
(2) A description of how the charter school will be managed;
(3) A description of (A) the objectives of the charter school; and
(B) the methods by which the charter school will determine its progress
toward achieving those objectives;
(4) A description of the administrative relationship between the
charter school and the authorized public chartering agency;
(5) A description of how parents and other members of the community
will be involved in the design and implementation of the charter
school;
(6) A description of how the authorized public chartering agency
will provide for continued operation of the school once the Federal
grant has expired, if the agency determines that the school has met the
objectives described in subparagraph (3)(A); [[Page 24745]]
(7) A request and justification for waivers of any Federal
statutory or regulatory provisions, except Federal civil rights laws,
that the applicant believes are necessary for the successful operation
of the charter school, and a description of any State or local rules,
generally applicable to public schools, that will be waived for, or
otherwise not apply to, the school;
(8) A description of how the subgrant funds will be used, including
a description of how these funds will be used in conjunction with other
Federal programs administered by the Secretary;
(9) A description of how students in the community will be (A)
informed about the charter school; and (B) given an equal opportunity
to attend the charter school;
(10) An assurance that the eligible applicant will annually provide
the Secretary and the SEA information as may be required to determine
if the charter school is making satisfactory progress toward achieving
the objectives described in subparagraph (3)(A);
(11) An assurance that the applicant will cooperate with the
Secretary and the SEA in evaluating the charter school assisted under
this program; and
(12) Other information and assurances as the Secretary and the SEA
may require;
(c) Contain assurances that the SEA will--
(1) Award subgrants under this program in a manner that, to the
extent possible, subgrants are distributed throughout different areas
of the State, including urban and rural areas;
(2) Assist charter schools representing a variety of educational
approaches, such as approaches to reduce school size;
(3) Use the grant funds to award subgrants to one or more eligible
applicants in the State to enable the applicant to plan and implement a
charter school in accordance with this program; and
(4) Use a peer review process to review applications for subgrants;
(d) If an SEA elects to reserve part of the grant funds for the
establishment of a revolving loan fund as allowed under this program,
describe how the revolving loan fund would operate; and
(e) If an SEA desires the Secretary to consider waivers under the
authority of this program, contain--
(1) a request and justification for waivers of any Federal
statutory or regulatory provisions that the SEA believes are necessary
for the successful operation of a charter school, and
(2) a description of any State or local rules, generally applicable
to public schools, that will be waived for, or otherwise not apply to,
a charter school.
Contents of a non-SEA Application
Each application submitted to the Secretary by an eligible
applicant that is not an SEA shall contain--
(a) The information and assurances described in (b) (1) through
(12) under the section ``Contents of a State Educational Agency
Application,'' except that subparagraphs (10), (11), and (12) shall be
applied by striking ``and the SEA'' where this phrase appears;
(b) Assurances that the SEA--
(1) Will grant, or will obtain, waivers of State statutory or
regulatory requirements; and
(2) Will assist each eligible applicant in the State in receiving
applicable waivers; and
(c) Assurance that the eligible applicant will use the funds to
plan and implement a charter school in accordance with this program.
Selection Criteria for SEAs
The maximum score for all of the criteria in this section is 100
points. The maximum score for each criterion is indicated in
parentheses with the criterion. In evaluating an application from an
SEA the Secretary will consider the following factors:
(a) The contribution that the charter schools grant program will
make to assisting educationally disadvantaged and other students to
achieve State content standards and State student performance standards
and, in general, a State's education improvement plan (20 points);
(b) The degree of flexibility afforded by the SEA to charter
schools under the State's charter schools law (20 points);
(c) The ambitiousness of the objectives for the State charter
school grant program (20 points);
(d) The quality of the strategy for assessing achievement of those
objectives (20 points); and
(e) The likelihood that the charter school grant program will meet
those objectives and improve educational results for students (20
points).
Selection Criteria for non-SEA Eligible Applicants
The maximum score for all of the criteria in this section is 120
points. The maximum score for each criterion is indicated in
parentheses with the criterion. In evaluating an application from an
eligible applicant other than an SEA the Secretary will consider the
following factors:
(a) The quality of the proposed curriculum and instructional
practices (20 points);
(b) The degree of flexibility afforded by the SEA and, if
applicable, the local educational agency, to the charter school (20
points);
(c) The extent of community support for the application (20
points);
(d) The ambitiousness of the objectives for the charter school (20
points);
(e) The quality of the strategy for assessing achievement of those
objectives (20 points); and
(f) The likelihood that the charter school will meet those
objectives and improve educational results for students (20 points).
Diversity of Projects
The Secretary will ensure that grants--
(a) Are distributed throughout different areas of the Nation and
each State, including urban and rural areas; and
(b) Will assist charter schools representing a variety of
educational approaches, such as approaches designed to reduce school
size.
Empowerment Zones and Enterprise Communities
The Secretary especially invites applications that address linkages
between charter school initiatives and any comprehensive educational
improvement strategies of Empowerment Zones and Enterprise Communities
designated by the Departments of Agriculture or Housing and Urban
Development.
Waivers
The Secretary may waive any statutory or regulatory requirement
over which the Secretary exercises administrative authority except any
requirement relating to the elements of a charter school, as defined
above, if--
(a) The waiver is requested in an approved application under this
program; and
(b) The Secretary determines that granting such a waiver will
promote the purposes of this program.
The Secretary strongly urges applicants to provide the public with
notice and an opportunity to comment on waiver requests. In addition,
the Secretary has determined, as a matter of policy, that waivers of
Title II of the Americans with Disabilities Act of 1990 will not be
granted.
Allowable Activities
An eligible applicant receiving a grant or subgrant under this
program may use the grant or subgrant funds only for--
(a) Post-award planning and design of the educational program,
which may [[Page 24746]] include (1) refinement of the desired
educational results and of the methods for measuring progress toward
achieving those results; and (2) professional development of teachers
and other staff who will work in the charter school; and
(b) Initial implementation of the charter school, which may include
(1) informing the community about the school; (2) acquiring necessary
equipment and educational materials and supplies; (3) acquiring or
developing curriculum materials; and (4) other initial operating costs
that cannot be met from State or local sources.
Administrative Expenses
Each SEA receiving a grant under this program may reserve not more
than five percent of the grant for administrative expenses related to
the charter school grant program assisted under this program.
Revolving Loan Funds
Each SEA receiving a grant under this program may reserve not more
than 20 percent of the grant amount for the establishment of a
revolving loan fund, which the SEA would use to make loans to its
subgrantees to defray initial operating costs of the charter school.
For Applications or Information Contact: John Fiegel, U.S.
Department of Education, 600 Independence Avenue, SW., Portals Room
4504D, Washington, DC. 20202-6140. Telephone (202) 260-2671. Internet
[email protected] Individuals who use a telecommunications device
for the deaf (TDD) may call the Federal Information Relay Service
(FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time,
Monday through Friday.
Information about the Department's funding opportunities, including
copies of application notices for discretionary grant competitions, can
be viewed on the Department's electronic bulletin board (ED Board),
telephone (202) 260-9950; or on the Internet Gopher Server at
GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases).
However, the official application notice for a discretionary grant
competition is the notice published in the Federal Register.
Program Authority: 20 U.S.C. 8061-8067.
Dated: May 1, 1995.
Thomas W. Payzant,
Assistant Secretary Elementary and Secondary Education.
[FR Doc. 95-11346 Filed 5-8-95; 8:45 am]
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