---
kind: "section"
citation: "34 C.F.R. § 226.12"
title: "34"
number: "226.12"
heading: "What selection criteria does the Secretary use in evaluating an application for a State Charter School Facilities Incentive program grant?"
url: "https://uscodex.org/cfr/34/226.12"
---

# §226.12. What selection criteria does the Secretary use in evaluating an application for a State Charter School Facilities Incentive program grant?


The selection criteria for this program are as follows:

- (a) **Need for facility funding.**
  - (1) **The need for per-pupil charter school facility funding in the State.**
  - (2) The extent to which the proposal meets the need to fund charter school facilities on a per-pupil basis.
- (b) **Quality of plan.**
  - (1) The likelihood that the proposed grant project will result in the State either retaining a new per-pupil facilities aid program or continuing to enhance such a program without the total amount of assistance (State and Federal) declining over a five-year period.
  - (2) The flexibility charter schools have in their use of facility funds for the various authorized purposes.
  - (3) The quality of the plan for identifying charter schools and determining their eligibility to receive funds.
  - (4) The per-pupil facilities aid formula's ability to target resources to charter schools with the greatest need and the highest proportions of students in poverty.
  - (5) For projects that plan to reserve funds for evaluation, the quality of the applicant's plan to use grant funds for this purpose.
  - (6) For projects that plan to reserve funds for technical assistance, dissemination, or personnel, the quality of the applicant's plan to use grant funds for these purposes.
- (c) **The grant project team.**
  - (1) The qualifications, including relevant training and experience, of the project manager and other members of the grant project team, including employees not paid with grant funds, consultants, and subcontractors.
  - (2) **The adequacy and appropriateness of the applicant's staffing plan for the grant project.**
- (d) **The budget.**
  - (1) The extent to which the requested grant amount and the project costs are reasonable in relation to the objectives, design, and potential significance of the proposed grant project.
  - (2) The extent to which the costs are reasonable in relation to the number of students served and to the anticipated results and benefits.
  - (3) The extent to which the non-Federal share exceeds the minimum percentages (which are based on the percentages under [section 4304(k)(2)(C)](/cfr/34/4304.md?p=k-2-C) of the ESEA), particularly in the initial years of the program.
- (e) **State experience.** The experience of the State in addressing the facility needs of charter schools through various means, including providing per-pupil aid and access to State loan or bonding pools.

## Notes

### Amendments

[70 FR 15003, Mar. 24, 2005, as amended at 87 FR 3661, Jan. 25, 2022]

### Authority

Authority: 20 U.S.C. 1221e-3; 7221d(b), unless otherwise noted.

### Source

Source: 70 FR 75909, Dec. 21, 2005, unless otherwise noted.

### Amendments

[70 FR 15003, Mar. 24, 2005, as amended at 87 FR 3661, Jan. 25, 2022]
