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22422 Federal Register / Vol. 67, No.

86 / Friday, May 3, 2002 / Notices

Additional Information: The DEPARTMENT OF EDUCATION provided to that authority adequate and
Department is requesting emergency timely notice and a copy of its PCSP
[CFDA Nos.: 84.282A, 84.282B, and 84.282C]
processing and a May 3 approval for this application, except that these
information collection since it could Office of Elementary and Secondary requirements may be waived in the case
potentially result in public harm if this Education—Public Charter Schools of a pre-charter planning grant. If an
collection went through the normal Program (PCSP); Notice Inviting SEA’s application is approved in this
clearance process. Applications for Applications for New Awards for Fiscal competition, applications received from
Character Education Program grants Year (FY) 2002. non-SEA eligible applicants in that State
must be available in early May in order will be returned to the applicants. In
Purpose of Program: The purpose of such a case, the non-SEA eligible
to provide applicants with sufficient the PCSP is to increase national
time to develop and submit strong applicant should contact the SEA for
understanding of the charter school information related to the State’s
applications by early July, 2002. The model and to expand the number of subgrant competition.
Department of Education must award high-quality charter schools available to Note: The following States currently have
these grants by early August or sooner students across the Nation by providing approved applications under this program:
to allow the involved state and local financial assistance for the planning, California, Colorado, Georgia, Indiana,
education agencies sufficient time for program design, and initial Kansas, Louisiana, Massachusetts, Michigan,
planning during the summer so that implementation of charter schools; Minnesota, Missouri, Nevada, New Mexico,
implementation occurs in September, evaluating the effects of charter schools, Ohio, Pennsylvania, Rhode Island, South
2002. including the effects on students, Carolina, and Texas. In these States, only the
student academic achievement, staff, SEA is eligible to receive an award under this
Frequency: Annually. competition. Eligible applicants in these
and parents; and encouraging States to
Affected Public: State, Local, or Tribal States should contact their respective SEAs
provide support to charter schools for for information about participation in the
Gov’t, SEAs or LEAs. facilities financing in an amount more State’s charter school subgrant program. Non-
Reporting and Recordkeeping Hour commensurate to the amount States SEA eligible applicants in States that are not
Burden: have typically provided for traditional listed above must apply directly to the
public schools. Department on or before the deadline for
Responses: 500.
Eligible Applicants: (a) State transmittal of applications in order to be
Burden Hours: 12,000. educational agencies (SEAs) in States considered for funding in this competition.
Requests for copies of the proposed with a specific State statute authorizing Applications Available: May 3, 2002.
information collection request may be the establishment of charter schools Deadline for Transmittal of
accessed from http://edicsweb.ed.gov, may apply for funding. The Secretary Applications: July 2, 2002.
by selecting the ‘‘Browse Pending awards grants to SEAs to enable them to Deadline for Intergovernmental
Collections’’ link and by clicking on conduct charter school programs in Review: September 3, 2002.
link number 2028. When you access the their States. SEAs use their PCSP funds
Estimated Available Funds:
information collection, click on to award subgrants to ‘‘eligible
$50,000,000.
applicants,’’ as defined in this notice,
‘‘Download Attachments ‘‘ to view. Estimated Range of Awards:
for planning, program design, and initial
Written requests for information should State educational agencies: $500,000–
implementation of a charter school; and
be addressed to Vivian Reese, to support the dissemination of $8,000,000 per year.
Department of Education, 400 Maryland information about, and successful Other eligible applicants: $10,000–
Avenue, SW, Room 4050, Regional practices in, charter schools. A charter $150,000 per year.
Office Building 3, Washington, DC school may apply for funds to carry out Estimated Average Size of Awards:
20202–4651 or to the e-mail address dissemination activities, whether or not
vivian.reese@ed.gov. Requests may also State educational agencies: $2,500,000
the charter school has applied for or
be electronically mailed to the internet per year.
received funds under the PCSP for
address OCIO_RIMG@ed.gov or faxed to planning or implementation, if the Other eligible applicants: $150,000
202–708–9346. Please specify the charter school has been in operation for per year.
complete title of the information at least three consecutive years and has Estimated Number of Awards:
collection when making your request. demonstrated overall success, State educational agencies: 15–18.
Comments regarding burden and/or including— Other eligible applicants: 50–70.
the collection activity requirements (1) Substantial progress in improving Note: These estimates are projections for
should be directed to Kathy Axt at her student achievement; the guidance of potential applicants. The
(2) High levels of parent satisfaction; Department is not bound by any estimates in
internet address Kathy.Axt@ed.gov. and this notice.
Individuals who use a (3) The management and leadership
telecommunications device for the deaf Project Period: Up to 36 months.
necessary to overcome initial start-up
(TDD) may call the Federal Information problems and establish a thriving, Note: Grants awarded by the Secretary
Relay Service (FIRS) at 1–800–877– directly to non-SEA eligible applicants or
financially viable charter school. subgrants awarded by SEAs to eligible
8339. (b) Non-SEA eligible applicants may applicants will be awarded for a period of up
[FR Doc. 02–10986 Filed 5–2–02; 8:45 am] apply for funding directly from the U.S. to 36 months, no more than 18 months of
Department of Education (Department) which may be used for planning and program
BILLING CODE 4000–01–U
if the SEA in the State elects not to design; no more than two years of which may
participate in the PCSP or does not have be used for the initial implementation of a
an application approved under the charter school; and no more than two years
program. An ‘‘eligible applicant’’ is of which may be used to carry out
defined as a developer that has applied dissemination activities.
to an authorized chartering authority to Applicable Regulations and Statute:
operate a charter school and has (a) The Education Department General

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Federal Register / Vol. 67, No. 86 / Friday, May 3, 2002 / Notices 22423

Administrative Regulations (EDGAR) in (A) CFDA No. 84.282A—Selection Implementation Grants. The maximum
34 CFR parts 75, 76, 77, 79, 80, 81, 82, Criteria for SEAs. SEAs that propose to possible score for all of the criteria in
85, 86, 97, and 99; and (b) Title V, part use a portion of their grant funds for this section is 145 points. The
B, subpart 1 (formerly Title X, part C) dissemination activities must address maximum possible score for each
of the Elementary and Secondary each selection criterion listed below. criterion is indicated in parentheses
Education Act of 1965, as amended by SEAs that do not propose to use a following the criterion. In evaluating an
the No Child Left Behind Act of 2001 portion of their grant funds for application from a non-SEA eligible
(ESEA), 20 U.S.C. 7221–7221j. dissemination activities must address applicant for Planning, Program Design,
SUPPLEMENTARY INFORMATION: As part of selection criteria (1) through (7) only, and Implementation, the Secretary
wider education reform efforts to and need not address selection criterion considers the following criteria:
improve student achievement, the (8) below. The maximum possible score (1) The quality of the proposed
development of charter schools is an is 130 points for SEAs that do not curriculum and instructional practices
innovative approach to improving propose to use grant funds to support (20 points).
public education and expanding dissemination activities, and 150 points (2) The degree of flexibility afforded
parental options in education. While for SEAs that propose to use grant funds by the SEA and, if applicable, the (LEA)
charter school laws vary by State, public to support dissemination activities. The to the charter school (10 points).
charter schools are granted greater maximum possible score for each (3) The extent of community support
flexibility in exchange for accountability criterion is indicated in parentheses for the application (10 points).
for results. They are also public schools following the criterion. To ensure (4) The ambitiousness of the
of choice in that all students, parents, fairness, if an SEA is not proposing to objectives for the charter school (15
and faculty associate with charter use grant funds to support points).
schools voluntarily. They are intended dissemination activities, the Secretary (5) The quality of the strategy for
to stimulate the creativity and will not consider points awarded under assessing achievement of those
commitment of teachers, parents, criterion (8) in determining whether to objectives (15 points).
students, and citizens to improve approve an application for funding. (6) The likelihood that the charter
student academic achievement. In evaluating an application from an school will meet those objectives and
Congress reauthorized the PCSP in SEA, the Secretary considers the improve educational results for students
January 2002, by enacting the No Child following criteria: during and after the period of Federal
Left Behind Act of 2001. Under the new (1) The contribution the charter financial assistance (20 points). (7)
legislation, a non-SEA eligible applicant school grant program will make in (7) The extent to which the proposed
for PCSP funds must submit an assisting educationally disadvantaged project encourages parental involvement
application for a charter to an and other students to achieve State (10 points).
authorized public chartering agency and academic content standards and State (8) The qualifications, including
provide adequate and timely notice and student academic achievement relevant training and experience, of the
a copy of its PCSP application to the standards (25 points). project director; and the extent to which
authorized public chartering agency. (2) The degree of flexibility afforded the applicant encourages applications
The SEA or the Secretary may waive by the SEA to charter schools under the for employment from persons who are
these requirements in cases where the State’s charter school law (20 points). members of groups that have
eligible applicant is applying for a pre- (3) The ambitiousness of the traditionally been underrepresented
charter planning grant or subgrant. objectives for the State charter school based on race, color, national origin,
The new legislation also added a grant program (15 points). gender, age, or disability (20 points).
specific provision prohibiting local (4) The quality of the SEA’s strategy (9) The contribution the charter
educational agencies (LEAs) from for assessing achievement of those school will make in assisting
deducting funds for administrative fees objectives (15 points). educationally disadvantaged and other
or expenses from a subgrant awarded to (5) The likelihood that the charter students to achieve State academic
an eligible applicant, unless the eligible school grant program will meet those content standards and State student
applicant voluntarily enters into a objectives and improve educational academic achievement standards (25
mutually agreed upon arrangement for results for students (15 points). points).
administrative services with the LEA. (6) The number of high-quality charter (C) CFDA No. 84.282C—Selection
Additional information about the PCSP, schools to be created in the State (20 Criteria for Non-SEA Eligible Applicants
including application requirements, points). for Dissemination Grants. The
selection criteria, priorities, diversity of (7) The adequacy of the management maximum possible score for all of the
projects, and waivers is provided in the plan to achieve the objectives of the criteria in this section is 125 points. The
application package for this program. proposed project on time and within maximum possible score for each
budget, including clearly defined criterion is indicated in parentheses
Selection Criteria responsibilities, timelines, and following the criterion. In evaluating an
The Department will hold three (3) milestones for accomplishing project application from a non-SEA eligible
separate competitions under this tasks (20 points). applicant for a dissemination grant, the
program. All SEA applicants must apply (8) In the case of SEAs that propose Secretary considers the following
for grant funds under CFDA No. to use grant funds to support criteria:
84.282A. Non-SEA eligible applicants dissemination activities under section (1) The quality of the proposed
that propose to use grant funds for 5204(f)(6) of the ESEA, the quality of the dissemination activities and the
planning, program design, and dissemination activities and the likelihood that those activities will
implementation must apply under likelihood that those activities will improve student achievement (30
CFDA No. 84.282B; and non-SEA improve student achievement (20 points).
eligible applicants that are requesting points). (2) The extent to which the school has
funds for dissemination activities must (B) CFDA No. 84.282B—Selection demonstrated overall success, including
submit their applications under CFDA Criteria for Non-SEA Eligible Applicants (a) substantial progress in improving
No. 84.282C. for Planning, Program Design, and student achievement (15 points); (b)

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22424 Federal Register / Vol. 67, No. 86 / Friday, May 3, 2002 / Notices

high levels of parent satisfaction (15 eligible applicant applies for a grant the Civil Rights Act of 1964, title IX of
points); and (c) the management and under this competition (10 points). the Education Amendments of 1972,
leadership necessary to overcome initial (c) One Authorized Public Chartering section 504 of the Rehabilitation Act of
start-up problems and establish a Agency Other than an LEA, or an 1973, and part B of the Individuals With
thriving, financially viable charter Appeals Process. The State— Disabilities Education Act;
school (15 points). (1) Provides for one authorized public (8) Is a school to which parents
(3) The extent to which the results of chartering agency that is not an LEA, choose to send their children, and that
the proposed project are to be such as a State chartering board, for admits students on the basis of a lottery,
disseminated in a manner that will each individual or entity seeking to if more students apply for admission
enable others to use the information or operate a charter school pursuant to than can be accommodated;
strategies (20 points). such State law; or (9) Agrees to comply with the same
(4) The qualifications, including (2) In the case of a State in which Federal and State audit requirements as
relevant training and experience of the LEAs are the only authorized public do other elementary and secondary
project director; and the extent to which chartering agencies, allows for an schools in the State, unless the
the applicant encourages applications appeals process for the denial of an requirements are specifically waived for
for employment from persons who are application for a charter school (10 the purposes of this program;
members of groups that have points). (10) Meets all applicable Federal,
traditionally been underrepresented (d) High Degree Autonomy. The State State, and local health and safety
based on race, color, national origin, ensures that each charter school has a requirements;
gender, age, or disability (15 points). high degree of autonomy over the (11) Operates in accordance with
(5) The adequacy of the management charter school’s budgets and State law; and
plan to achieve the objectives of the expenditures (10 points). (12) Has a written performance
proposed project on time and within Other Statutory Provisions: The contract with the authorized public
budget, including clearly defined following definitions, amount criteria, chartering agency in the State that
responsibilities, timelines, and allowable activities, and authorized uses includes a description of how student
milestones for accomplishing project of funds for dissemination activities are performance will be measured in charter
tasks (15 points). taken from the PCSP authorizing statute, schools pursuant to State assessments
Priority Treatment: In accordance in Title V, Part B, Subpart 1 of the that are required of other schools and
with statutory requirements, in ESEA. They are repeated in this pursuant to any other assessments
awarding grants to SEAs under this application notice for the convenience mutually agreeable to the authorized
competition, the Secretary gives priority of the applicant. Other statutory public chartering agency and the charter
to States to the extent that the State requirements also apply to this program. school.
meets the statutory criterion described The entire authorizing statute is (b) Developer means an individual or
in paragraph (a) below, and one or more included in the application package for group of individuals (including a public
of the statutory criteria described in the program. or private nonprofit organization),
paragraphs (b) through (d) below. An Definitions which may include teachers,
SEA that meets priority (a) but does not administrators and other school staff,
The following definitions apply to
meet one or more of the other priorities parents, or other members of the local
this program:
will not receive any priority points. (a) Charter school means a public community in which a charter school
Likewise, an SEA that does not meet school that— project will be carried out.
priority (a) but meets one or more of the (1) In accordance with a specific State (c) Eligible applicant means a
other priorities will not receive any statute authorizing the granting of developer that has (1) applied to an
priority points. The maximum number charters to schools, is exempted from authorized public chartering authority
of priority points for all of the priorities significant State or local rules that to operate a charter school; and (2)
in this section is 40 points. inhibit the flexible operation and provided adequate and timely notice to
(a) Periodic Review and Evaluation. management of public schools, but not that authority under section 5203(d)(3)
The State provides for periodic review from any rules relating to the other of the ESEA.
and evaluation by the authorized public requirements of this definition; Note: Section 5203(d)(3) requires the
chartering agency of each charter school (2) Is created by a developer as a eligible applicant to provide the authority
at least once every 5 years, unless public school, or is adapted by a with timely notice and a copy of its
required more frequently by State law, developer from an existing public application for PCSP funds. The Secretary or
to determine whether the charter school school, and is operated under public SEA may waive these requirements in the
is meeting the terms of the school’s case of an application for a precharter
supervision and direction; planning grant or subgrant.
charter, and is meeting or exceeding the (3) Operates in pursuit of a specific
academic performance requirements set of educational objectives determined (d) Authorized public chartering
and goals for charter schools as set forth by the school’s developer and agreed to agency means an SEA, LEA, or other
under State law or the school’s charter by the authorized public chartering public entity that has the authority
(10 points). agency; under State law and is approved by the
(b) Number of High-Quality Charter (4) Provides a program of elementary Secretary to authorize or approve a
Schools. The State has demonstrated or secondary education, or both; charter school.
progress in increasing the number of (5) Is nonsectarian in its programs,
high-quality charter schools that are Amount Criteria
admissions policies, employment
held accountable in the terms of the practices, and all other operations, and In determining the amount of a grant
schools’ charters for meeting clear and is not affiliated with a sectarian school to be awarded under this competition to
measurable objectives for the or religious institution; an SEA, the Secretary shall take into
educational progress of the students (6) Does not charge tuition; consideration the number of charter
attending the schools, in the period (7) Complies with the Age schools that are operating or approved
prior to the period for which an SEA or Discrimination Act of 1975, title VI of to open in the State.

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Federal Register / Vol. 67, No. 86 / Friday, May 3, 2002 / Notices 22425

Allowable Activities Individuals who use a ratings assigned to draft environmental


An eligible applicant receiving a grant telecommunications device for the deaf impact statements (EISs) was published
or subgrant under this program may use (TDD) may call the Federal Information in FR dated April 12, 2002 (67 FR
the grant or subgrant funds only for— Relay Service (FIRS) at 1–800–877– 17992).
(a) Post-award planning and design of 8339. Draft EISs
the educational program, which may Individuals with disabilities may
include— obtain this document in an alternative ERP No. D–BIA–K65237–CA Rating
(1) Refinement of the desired format (e.g., Braille, large print, EC2, Agua Caliente Indian Reservation
educational results and of the methods audiotape, or computer diskette) on Project, Proposed Section 14 Specific
for measuring progress toward achieving request to the contact person listed. Plan and Master Development Plan,
those results; and Individuals with disabilities may also Agua Caliente Band of Cahulla Indians,
(2) Professional development of obtain a copy of the application package City of Palm Springs, Riverside County,
teachers and other staff who will work in an alternative format on request to CA.
in the charter school; and the contact person listed above. Summary: EPA expressed
(b) Initial implementation of the However, the Department is not able to environmental concerns about impacts
charter school, which may include— reproduce in an alternative format the to air and water quality, and the use of
(1) Informing the community about standard forms included in the 1995 market studies to project growth
the school; application package. and assess project impacts.
(2) Acquiring necessary equipment ERP No. D–COE–J28021–CO Rating
and educational materials and supplies; Electronic Access to This Document EC2, Rueter-Hess Reservoir Project,
(3) Acquiring or developing You may view this document, as well Construction and Operation, Proposed
curriculum materials; and as all other Department of Education Water Supply Reservoir and Off-Stream
(4) Other initial operating costs that documents published in the Federal Dam, US COE Section 404 Permit,
cannot be met from State or local Register, in text or Adobe Portable Endangered Species Act (Section 7) and
sources. Document Format (PDF) on the Internet Right-of-Way Use Permit, Located on
at the following site: www.ed.gov/ Newlin Gulch along Cherry Creek,
Use of Funds for Dissemination Town of Parker, Douglas County, CO.
Activities legislation/FedRegister.
To use PDF, you must have Adobe Summary: EPA expressed
An SEA may reserve not more than 10 Acrobat Reader, which is available free environmental concerns that the
percent of the grant funds to support at the previous site. If you have document failed to compare the impacts
dissemination activities. A charter questions about using PDF, call the U.S. of the alternatives on the existing
school may use those funds to assist Government Printing Office (GPO) toll environment, primarily the impacts of
other schools in adapting the charter free at 1–888–293–6498; or in the the stream depletions. EPA was also
school’s program (or certain aspects of Washington, DC area at (202) 512–1530. concerned that the project meets only a
the charter school’s program), or to small portion of the expected demand
Note: The official version of a document is
disseminate information about the for water in the project area, does not
the document published in the Federal
charter school, through such activities Register. Free Internet access to the official document the likely water quality of the
as— edition of the Federal Register and the Code proposed reservoir, and does not
(a) Assisting other individuals with of Federal Regulations is available on GPO contain a sufficiently detailed
the planning and start-up of one or more Access at: http://www.access.gpo.gov/nara/ mitigation plan.
new public schools, including charter index.html. ERP No. D–FRC–L05223–WA Rating
schools, that are independent of the Program Authority: 20 U.S.C. 7221– EO2, Martin Creek Hydroelectric Project
assisting charter school and the assisting 7221j. (FERC Project No. 10942), Construction,
charter school’s developers, and that Operation and Maintenance of a 10.2-
agree to be held to at least as high a level Dated: April 30, 2002. Megawatt (MW) Hydroelectric Run-of-
of accountability as the assisting charter Susan B. Neuman, River Facility, License Approval,
school; Assistant Secretary for Elementary and Cascade Mountains, Martin and Kelley
(b) Developing partnerships with Secondary Education. Creeks, Mt. Baker-Sqoqualmie National
other public schools, including charter [FR Doc. 02–11045 Filed 5–2–02; 8:45 am] Forest, King County, WA.
schools, designed to improve student BILLING CODE 4000–01–P Summary: EPA expressed
performance in each of the schools environmental objections to the
participating in the partnership; proposed project based on the lack of a
(c) Developing curriculum materials, ENVIRONMENTAL PROTECTION demonstrated public interest need for
assessments, and other materials that AGENCY the project, the potential to undermine
promote increased student achievement protections prescribed in the Northwest
and are based on successful practices [ER–FRL–6628–9]
Forest Plan and the adverse impacts to
within the assisting charter school; and water quality in a state-designated
(d) Conducting evaluations and Environmental Impact Statements and
Regulations; Availability of EPA ‘‘extraordinary’’ water body. EPA
developing materials that document the recommended that analyses needed to
successful practices of the assisting Comments
define project impacts and identify
charter school and that are designed to Availability of EPA comments mitigation measures be conducted and
improve student achievement. prepared pursuant to the Environmental incorporated in the EIS. EPA
FOR APPLICATIONS AND FURTHER Review Process (ERP), under Section recommended selection of the No
INFORMATION CONTACT: Rik Lanzendorfer, 309 of the Clean Air Act and Section Action alternative.
U.S. Department of Education, 400 102(2)(c) of the National Environmental ERP No. D–NOA–E91010–00 Rating
Maryland Avenue, SW., Room 3C148, Policy Act as amended. Requests for EC2, Amendment 13 to the Fishery
Washington, DC 20202–6140. copies of EPA comments can be directed Management Plan for Summer
Telephone (202) 205–9786. Internet to the Office of Federal Activities at Flounder, Scup, and Black Sea Bass,
address: rik.lanzendorfer@ed.gov. (202) 564–7167. An explanation of the Implementation, in the Western Atlantic

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