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ED/OESE RIN: 1810-AB62 Publication ID: Fall 2021 
Title: Charter School Programs (CSP) State Charter School Facilities Incentive (State Incentive) Grants Program 

The Department will revise the regulations that govern the State Incentive Grants Program, authorized under ESEA (20 U.S.C. 7221c(k)), to reflect changes made to Title IV of the ESEA, as amended by ESSA, to incorporate relevant statutory changes for the program and its implementing regulations and make further technical changes to update and clarify the program regulations. The State Incentive Grants Program provides grants to eligible States to help them establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that is specified in State law, and provides annual financing, on a per-pupil basis, for charter school facilities.  Current program regulations provide criteria that the Secretary uses to evaluate an application for a State Charter School Facilities Incentive grant.  Title 34 CFR 226.12(d)(3) references the non-Federal share minimum percentages, consistent with the criteria for such laws in section 5205(b)(2)(C) of the ESEA, as amended by NCLB. The new regulation will update the citation for section 226.12(d)(3) to reference the ESEA, as amended by the ESSA.

Agency: Department of Education(ED)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 34 CFR 226   
Legal Authority: 20 U.S.C. 7221c(k)   
Legal Deadline:  None
Action Date FR Cite
Final Action  01/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sandra Annette Toro Ph.D.
Department of Education
Office of Elementary and Secondary Education
400 Maryland Avenue SW, Room 3E-205,
Washington, DC 20202
Phone:202 453-7810