[Federal Register: April 23, 2009 (Volume 74, Number 77)]
[Notices]
[Page 18567-18571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap09-32]
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DEPARTMENT OF EDUCATION
Office of Innovation and Improvement; Overview Information; DC
School Choice Incentive Program; Notice Inviting Applications for New
Awards for Fiscal Year (FY) 2009
Catalog of Federal Domestic Assistance (CFDA) Number: 84.370A.
Dates:
Applications Available: April 23, 2009.
Deadline for Notice of Intent to Apply: May 8, 2009.
Deadline for Transmittal of Applications: May 26, 2009.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The DC School Choice Incentive Program,
established under the DC School Choice Incentive Act of 2003 (Act),
provides low-income parents residing in the District of Columbia
(District) with expanded options for the education of their children.
Background: For FY 2009, the Department will be awarding one grant
on a competitive basis to an eligible applicant to continue a
scholarship program to provide students who currently have scholarships
under this program with scholarships for the 2009-2010 school year.
Students are eligible to receive scholarships under this program if
they (1) are residents of the District, and (2) come from households
whose income does not exceed 200 percent (or, in the case of an
eligible student whose first year of participation in the program was
an academic year ending in June 2005 or June 2006 and whose second or
succeeding year is an academic year ending on or before June 2009, 300
percent) of the poverty line. These scholarships may be used to pay
tuition and fees and transportation expenses, if any, to enable
students to attend a participating District nonpublic elementary or
secondary school.
Under the absolute priority established in this notice, funds
awarded under this competition may only be used to award scholarships
to students currently participating in this program. Accordingly, in
addition to the requirements described in the preceding paragraph, to
be eligible for a scholarship for the 2009-2010 school year, a student
must currently be receiving a scholarship through the DC School Choice
Incentive Program.
We are establishing this absolute priority in light of the
prohibition in Public Law 111-8, the Omnibus Appropriations Act, 2009,
against using funds appropriated under that law, or any other law, for
scholarships under this program after the conclusion of the 2009-2010
school year and the direction in the Joint Explanatory Statement for
Public Law 111-8 to limit scholarships for 2009-2010 to students who
are currently receiving scholarships under this program. Specifically,
Public Law 111-8 provides, with respect to this program that ``use of
any funds in this Act or any other [law] for opportunity scholarships
after school year 2009-2010 shall only be available upon enactment of
reauthorization of that program by Congress and the adoption of
legislation by the District of Columbia approving such
reauthorization.'' In addition, the Joint Explanatory Statement for
Public Law 111-8 directs that ``[f]unding provided for the private
scholarship program shall be used for currently-enrolled participants
rather than new applicants.'' The Chancellor of the District of
Columbia Public Schools is directed to ``promptly take steps to
minimize potential disruption and ensure smooth transition for any
students seeking enrollment in the public school system as a result of
any changes made to the private scholarship program affecting periods
after school year 2009-2010.'' See the Joint Explanatory Statement,
Division D, Title VIII, Federal Payment for School Improvement, at
http://thomas.loc.gov/home/approp/app09.html.
Priorities: We are establishing this priority for the FY 2009 grant
competition only in accordance with section 437(d)(2) of the General
Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(2).
Absolute Priority: For FY 2009, this priority is an absolute
priority. Under 34 CFR 75.105(c)(3) we consider only applications that
meet this priority.
This priority is:
Scholarships for Currently Enrolled Participants During the 2009-
2010 School Year.
Scholarship funds must be used to provide scholarships during the
2009-2010 school year only to currently enrolled participants who are
DC residents and meet the eligibility requirements related to family
income. Funds awarded under this competition may not be used to provide
scholarships for new applicants or for current scholarship recipients
after the 2009-2010 school year.
Waiver of Proposed Rulemaking: Under the Administrative Procedure
Act (5 U.S.C. 553), the Department generally offers interested parties
the opportunity to comment on proposed priorities, selection criteria,
and non-statutory requirements. Section 437(d)(2) of GEPA, however,
allows the Secretary to exempt from rulemaking requirements,
regulations where application of those requirements will cause extreme
hardship to the intended beneficiaries of the program. Conducting
notice-and-comment rulemaking for the absolute priority, selection
criteria, and non-statutory requirement (in section III.3.(c))
established in this notice would preclude timely implementation of this
program for the 2009-2010 school year and, thereby, cause extreme
hardship to the intended beneficiaries of this program, namely those
students who are currently receiving scholarships under this program
and are eligible to receive scholarships in the 2009-2010 school
[[Page 18568]]
year. In order to ensure the timely award of scholarships and continued
participation of these students in this program for the upcoming school
year, the Secretary has decided to forgo comment on the absolute
priority, selection criteria, and non-statutory requirement (in section
III.3.(c)) under section 437(d)(2) of GEPA. The absolute priority,
selection criteria, and non-statutory requirement (in section
III.3.(c)) will apply to the FY 2009 grant competition only.
Program Authority: DC Code Sec. Sec. 38-1851.01--38-1851.11;
Omnibus Appropriations Act, 2009, Public Law No. 111-8.
Applicable Regulations: The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80,
81, 82, 84, 85, 86, 97, 98, and 99.
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 to institutions
of higher education only.
II. Award Information
Type of Award: Discretionary grant.
Estimated Available Funds: $12,600,000.
Estimated Number of Awards: 1.
Note: The Department plans to fund this project entirely from
FY 2009 funds.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 12 months.
Budget Period: Up to 12 months.
III. Eligibility Information
1. Eligible Applicants:
(a) An educational entity of the District of Columbia Government.
(b) A nonprofit organization.
(c) A consortium of nonprofit organizations.
Note: To receive an award under this program, an applicant must
ensure that a majority of the members of its voting board or
governing organization are residents of the District of Columbia.
2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
3. Additional Requirements: (a) An eligible entity receiving a
grant under this program may award a scholarship, for the second or any
succeeding years of a student's participation in the scholarship
program, to a student who is a DC resident and comes from a household
whose income does not exceed 200 percent (or, in the case of an
eligible student whose first year of participation in the program was
an academic year ending in June 2005 or June 2006 and whose second or
succeeding year is an academic year ending on or before June 2009, 300
percent) of the poverty line.
(b) An eligible entity must assure that it will comply with all
requests regarding the evaluation carried out under section 309 of the
Act. Additional information regarding this evaluation can be found in
the application package for this program.
(c) An eligible entity must be willing and able to work with other
entities affiliated with the Federal and District governments, as well
as with other organizations that might conduct activities integral to
the success of the program, including, as appropriate, determining the
household income of scholarship recipients and ensuring the ongoing
eligibility of schools participating in the program. Additionally, an
eligible entity must demonstrate how it will communicate and coordinate
with the current grantee, as needed, to ensure a seamless and smooth
transition between the 2008-2009 and 2009-2010 school years for
families and schools participating in the scholarship program.
4. Other: Definitions: As used in this program:
(a) Elementary school means an institutional day or residential
school, including a public elementary charter school, that provides
elementary education, as determined under District of Columbia law.
(b) Parent includes a legal guardian or other person standing in
loco parentis (such as a grandparent or stepparent with whom the child
lives, or a person who is legally responsible for the child's welfare).
(c) Poverty line means the poverty line (as defined by the Office
of Management and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act) applicable to
a family of the size involved.
(d) Secondary school means an institutional day or residential
school, including a public secondary charter school, that provides
secondary education, as determined under District of Columbia law,
except that the term does not include any education beyond grade 12.
IV. Application and Submission Information
1. Address To Request Application Package: Michelle Armstrong, U.S.
Department of Education, 400 Maryland Avenue, SW., Room 4W217,
Washington, DC 20202-5970. Telephone: (202) 205-1729 or by e-mail:
Michelle.Armstrong@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 competition.
Notice of Intent To Apply: The Department will be able to develop a
more efficient process for reviewing grant applications if it has a
better understanding of the number of entities that intend to apply for
funding under this competition. Therefore, the Secretary strongly
encourages each potential applicant to notify the Department by sending
a short e-mail message indicating the applicant's intent to submit an
application for funding. The e-mail need not include information
regarding the content of the proposed application, only the applicant's
intent to submit it. This e-mail notification should be sent to
Michelle.Armstrong@ed.gov. Applicants that fail to provide this e-mail
notification may still apply for funding.
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. You must limit the
application narrative [Part III] to the equivalent of no more than 25
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
[[Page 18569]]
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: April 23, 2009.
Deadline for Notice of Intent To Apply: May 8, 2009.
Deadline for Transmittal of Applications: May 26, 2009.
Applications for grants under this program must be submitted in
paper format by mail or hand delivery. For information (including dates
and times) about how to submit your application by mail or hand
delivery, 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.
4. Intergovernmental Review: This competition 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
competition.
5. Funding Restrictions: Use of Funds.
(a) Scholarships.
(1) A grantee must use grant funds to provide currently
participating students who are D.C. residents and who meet the
household income requirements of this program with scholarships to pay
the tuition, fees, and transportation expenses, if any, to enable them
to attend a participating District nonpublic elementary school or
secondary school of their choice. A grantee must ensure that the amount
of any tuition or fees charged by a school to a student participating
in the program does not exceed the amount of tuition or fees that the
school customarily charges to students who do not participate in the
program. An entity that receives an award under this program will be
responsible for ensuring compliance with this requirement by each
participating school.
(2) A grantee may award scholarships in varying amounts (subject to
paragraph (b) of this section), with larger amounts going to students
with the greatest need.
(b) Annual Limit on Amount of Scholarship: The amount of assistance
provided to any eligible student by a grantee with funds received under
this program may not exceed $7,500 for any academic year.
(c) Administrative Expenses: A grantee may use not more than 3
percent of the amount provided under the grant each year for the
administrative expenses of carrying out its program.
We reference additional regulations outlining funding restrictions
in the Applicable Regulations section in this notice.
6. Other Submission Requirements: Applications for grants under
this competition must be submitted in paper format by mail or hand
delivery.
a. Submission of Applications by Mail.
If you submit your application by mail (through the U.S. Postal
Service or a commercial carrier), 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
84.370A), LBJ Basement Level 1, 400 Maryland Avenue, SW., Washington,
DC 20202-4260.
We request that you submit two additional copies of your
application, in addition to the original and the required two copies
(for a total of one original and four copies).
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.
b. Submission of Applications by Hand Delivery.
If you submit your application by hand delivery, you (or a courier
service) 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 84.370A), 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.
We request that you submit two additional copies of your
application, in addition to the original and the required two copies
(for a total of one original and four copies).
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
1. Selection Criteria: We are establishing the following selection
criteria for the FY 2009 grant competition only in accordance with
section 437(d)(2) of GEPA, 20 U.S.C. 1232(d)(2). The maximum score for
all of the selection criteria is 120 points. The maximum score for each
criterion is indicated in parentheses with the criterion.
(a) Selection of students (up to 10 points). In determining the
quality of the applicant's plan for the selection of students to
receive scholarships, the Secretary considers the extent to which--
(i) The application provides a description of the lottery that
would be used for selecting students to attend a participating school
if more students apply to, and are accepted for enrollment by, that
school than it can accommodate; and
(ii) The application provides assurances and appropriate
documentation that the applicant, if funded, will cooperate with the
[[Page 18570]]
evaluation contractor selected by the Department and the District of
Columbia Government in planning and implementing the lottery for
selecting program participants.
(b) Notification of parents (up to 10 points). In determining the
quality of the applicant's plan to notify parents of currently
participating students about schools they may attend, the Secretary
considers the extent to which the application provides evidence that
parents will receive sufficient information about their options to
allow them to make informed decisions, including, but not limited to,
information on each participating school about the qualifications of
its teachers; the educational philosophy and available courses and
programs of the school; the achievement of the school's students;
student expectations (such as uniforms, discipline policy, honor code,
and required classes); and the safety and school environment of the
school.
(c) Amount of scholarship (up to 10 points). In determining the
quality of the applicant's plan for establishing the amount of a
scholarship to an eligible student, the Secretary considers the extent
to which the applicant's methods--
(i) Provide a mechanism to award scholarships for tuition and fees,
and transportation expenses, if any, in larger amounts to those
eligible students with the greatest need, provided they do not exceed
the maximum annual scholarship amount; and
(ii) Ensure that the amount of tuition and fees charged by a
participating school to a scholarship student under the program will
not exceed the amount of tuition and fees that the school customarily
charges to students who do not participate in the program.
(d) Participating schools (up to 10 points). In determining the
quality of the applicant's plan for identifying participating nonpublic
schools, the Secretary considers the extent to which the application--
(i) Describes the applicant's plan to seek out non-public
elementary and secondary schools that operate lawfully in the District,
to participate in the program during the 2009-2010 school year;
(ii) Describes how the applicant will ensure that participating
schools will comply with the requirements of the Act and will provide
the information needed for the applicant to meet the reporting
requirements of the Act; and
(iii) Describes how the applicant will ensure that participating
schools are financially responsible and will use the funds received
under this program effectively.
(e) Renewal of scholarships (up to 20 points). In determining the
quality of the applicant's plan for the renewal of scholarships, the
Secretary considers the applicant's methods for determining the
eligibility of participating students to continue in the program.
(f) Quality of project personnel (up to 20 points). In determining
the quality of the personnel of the proposed project, the Secretary
considers the qualifications, including relevant training and
experience, of the project director, other key personnel, and any
project consultants in such areas as--
(i) Working with schools, parents, and government officials;
(ii) Operating a scholarship program; and
(iii) Establishing and maintaining record-keeping requirements.
(g) Organizational capability (up to 20 points). In determining the
applicant's organizational capability, the Secretary considers--
(i) The amount and quality of experience the applicant has with the
types of activities it proposes to undertake in its application, such
as conducting outreach, administering funds, tracking scholarships, and
ensuring that scholarship funds are used for the payment of tuition and
fees and transportation expenses, if any, in accordance with the Act;
and
(ii) The applicant's financial soundness.
(h) Reports (up to 10 points). In determining the quality of the
applicant's reporting plan, the Secretary considers the extent to which
the applicant's plan for assembling the information and submitting
activities reports, achievement reports, and reports to parents
complies with the requirements under section 310 of the Act.
(i) Collection of data (up to 10 points). In determining the
quality of the applicant's plan to collect data, the Secretary
considers the extent to which the applicant documents how it will
cooperate with the evaluation contractor to collect data, including,
but not limited to, student and parent demographics and income, parent
perception of a student's current school (including safety), parent
awareness of their choice options, contact information for parents, and
consent forms for ongoing data collection.
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 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). For specific requirements
on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/
appforms.html.
4. Performance Measures: The long-term performance indicator for
this program is whether, at the end of the program, the student
achievement gains of participants are greater than that of students in
control or comparison groups. Data for the performance measure will be
collected through the program evaluation.
VII. Agency Contact
FOR FURTHER INFORMATION CONTACT: Michelle Armstrong, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 4W217, Washington, DC 20202-
5970. Telephone: (202) 205-1729 or by e-mail:
Michelle.Armstrong@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
[[Page 18571]]
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: April 20, 2009.
James H. Shelton III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. E9-9351 Filed 4-22-09; 8:45 am]
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