2010-13 Title II, Part B Mathematics and Science Partnerships Grant
Announcement of Funding Opportunities
Application 
(482 KB)
Scoring Rubric (134 KB)
Attachment 1 - Eligibility List (294 KB)
Purpose of Funding: |
The Mathematics and Science Partnerships is a competitive grant program intended to increase academic achievement of students in mathematics and science by enhancing the content knowledge and instructional skills for teachers of mathematics and science. Partnerships between high-need school districts and the science, technology, engineering, and mathematics (STEM) departments in institutions of higher education are at the core of these improvement efforts. |
Eligible Applicants: |
A partnership that includes:
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Funding: |
It is expected that $10.2 million per year will be available for grants that begin 7/1/10 and end 6/30/13. |
Questions & Answers: |
Questions regarding this application must be emailed to emscmsp@mail.nysed.gov by November 23, 2009. Questions and Answers are now posted. |
Due Date: |
Submit one (1) original and three (3) copies of the application postmarked by January 22, 2010 to:
New York State Education Department |
The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or sexual orientation in its educational programs, services and activities. Portion of any publication designed for distribution can be made available in a variety of formats, including Braille, large print or audiotape, upon request. Inquiries regarding this policy of nondiscrimination should be directed to the Department’s Office for Diversity, Ethics, and Access, Room 530, Education Building, Albany, NY 12234.
Application Guidelines
Program Purpose and Overview
Title II, Part B of the No Child Left Behind (NCLB) legislation authorizes a Mathematics and Science Partnerships (MSP) competitive grant program. The purpose of this grant is to improve the academic achievement of students in mathematics and science. Through partnerships between local school districts and institutions of higher education, teachers will participate in professional development opportunities that increase teacher content pedagogy in the subject areas of mathematics and science. The text of NCLB, Title II, Part B can be found at http://www.ed.gov/policy/elsec/leg/esea02/pg26.html 
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The emphasis of NCLB, Title II, Part B is:
- Professional development that integrates teaching methods from reliable, scientifically-based or evidence-based research as a means of enhancing teacher content pedagogy in mathematics and science, and improving student academic performance in these content areas, and
- Partnerships between high-need school districts and the science, technology, engineering, and/or mathematics (STEM) departments in institutions of higher education.
The definition of professional development under NCLB can be found in Title IX, Part A, Section 9101(34), and scientifically-based research can be found in Title IX, Part A, Section 9101(37). These sections of the NCLB can be found at http://www.ed.gov/policy/elsec/leg/esea02/pg107.html
For purposes of this application, professional development pertains to the teaching and learning experiences and activities that support the educator in furthering content knowledge and instructional practices in mathematics and science. Professional development must include a series of related, sustained, and focused activities that are well coordinated and culminate in completion of at least 30 hours of professional development per year, 90 hours over the three years of the grant per participant.
The professional development plan must be directly related to the specific needs of the cohort(s) of teachers targeted. Teacher participants must be willing to commit to a least 90 hours of professional development. A professional development plan using the Professional Development Plan Template (See p. 9 on the application) must be completed for each cohort of teachers targeted to participate.
The professional development plan for each cohort of teachers targeted must include a comprehensive series of professional development opportunities that scaffold learning experiences, are interwoven, and demonstrate a progression that enhances the teachers’ depth of knowledge and teaching expertise in science, technology, engineering, and/or mathematics (STEM) content areas. These professional development opportunities must align with New York State Learning Standards and local curricula. The professional development plan must substantiate demonstrable and measurable improvement of teacher content knowledge and student academic achievement in mathematics and science.
Eligible Applicants
An applicant for this grant must be a partnership that includes:
- a high-need local educational agency (See Attachment 1 for a list of eligible school districts) and
- an engineering, mathematics, or science department of an institution of higher education that has a registered curriculum in engineering, science or mathematics (Section 101(a) of the Higher Education Act of 1965).
The high-need Local Education Agency (LEA) must be the fiscal agent of the partnership. The grant is awarded to the fiscal agent who must receive and administer the grant funds and submit the required reports. The fiscal agent is prohibited from sub-granting funds to other partners, but may contract for services with other partners or consultants to provide services that the fiscal agent cannot provide. However, the fiscal agent is responsible for the performance of any services provided by other partners or consultants.
Other members of a partnership may include:
- another science, technology, engineering, mathematics, or teacher education department of an institution of higher education;
- additional local educational agencies,
- public charter schools,
- public, private or nonpublic elementary schools or secondary schools, or a consortium of such schools;
- a business; or
- a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of instruction of mathematics and science teachers.
Services under this program must be made available to elementary and secondary school teachers and other educational personnel in private and nonpublic schools located in the public school districts in the partnership (NCLB Title IX, Part E, Section 9501(a)). After timely and meaningful consultation with private and nonpublic school officials, the needs of the private school teachers and students shall be equitably identified and addressed.
New York State Competitive Priorities
New York State has identified three competitive priority categories. An applicant must focus on one of the following three priorities:
- Mathematics Focus
- Science Focus
- Interdisciplinary-STEM Focus
If a partnership applicant is interested in more than one competitive priority category, the partnership applicant must submit a separate proposal for each priority category. Proposals must also be aligned to the New York State Learning Standards for Mathematics, Science and Technology that can be found at http://www.emsc.nysed.gov/ciai/mst/
For each of the competitive priority categories, applicants must include a Professional Development Plan that:
- Provides a clear description of the cohort(s) of teachers targeted for professional development and presents a professional development plan that illustrates a progression of activities that address the specific of needs of each cohort and builds upon the teachers’ content knowledge, conceptual understandings, instructional skills and attitudes. (See Professional Development Plan Template, p. 9 on the application)
- Defines, by cohort, what teachers will know and be able to do as a result of participating in the professional development program. Mathematics Focus priority applications must be directly connected to the student expectations defined in the (2005) NYS Mathematics Core Curriculum that can be accessed at http://www.emsc.nysed.gov/ciai/mst/math/standards/
- Describes a comprehensive professional development program that deepens the content knowledge and pedagogy of teachers through a series of sequential and coherent professional development that scaffold opportunities spanning the lifetime of the grant.
- Targets teachers committed to participation and completion of a minimum of 30 hours of professional development defined in the Professional Development Plan Template for their cohort each year and a minimum of 90 hours of professional development defined in the Professional Development Plan template for their cohort over the duration of the three-year grant.
Competitive Priority A – Mathematics Focus
The goal of the Mathematics Focus is to develop and implement research-based, evidence-based, design-based and/or inquiry-centered professional development opportunities at the local level to improve curriculum, instruction and/or assessment practices in mathematics:
The mathematics focus has three major objectives:
- Engage teachers and administrators in rigorous professional development that supports and improves the teaching and learning of mathematics to increase student achievement in mathematics as evident on local, State, and national mathematics assessments;
- Collaborate with stakeholders in mathematics education and support networks in delivering professional development to improve curriculum and enhance instructional and assessment practices through multiple modalities that incorporate mathematics into real-world contexts and supports face-to-face and electronic formats; and
- Develop targeted professional development programs by bringing teachers of mathematics together with mathematicians to improve such teachers' content knowledge, instructional practices, and skills through the use of manipulatives and various instructional materials, sophisticated equipment and work space, computing facilities, libraries, and other resources that institutions of higher education are better able to provide.
Proposals for this priority category should be guided by the conceptual framework of the New York State Mathematics Initiative, which is designed to improve student achievement in PreK-12 mathematics programs by providing curriculum guidance, instructional resources, and tools that:
- Elevate the importance of mathematics,
- Enhance professional development for teachers (content and pedagogy), and
- Encourage students, teachers, administrators, parents, higher education professionals, and community members to collaborate together.
Consideration for funding will be given to proposals that target significant professional development opportunities for teachers in schools identified as schools in need of improvement (SINI) in mathematics. For more information about the NYS Mathematics Initiative, and links to resource guides, core curriculum (revised 2005), see http://www.emsc.nysed.gov/ciai/mst/math/ and http://www.emsc.nysed.gov/3-8/m-home.htm
Competitive Priority B – Science Focus
The goal of the Science Focus is to develop and implement research-based, evidence-based, design-based and/or inquiry-centered professional development opportunities at the local level to improve curriculum, instruction and/or assessment practices in the sciences:
The science focus has three major objectives:
- Engage teachers and administrators in rigorous professional development that supports and improves the teaching and learning of science to increase student achievement in science as evident on local, State and national science assessments;
- Collaborate with stakeholders in science education and support networks in delivering professional development to improve curriculum and enhance instructional and assessment practices through multiple modalities that incorporate science into real-world contexts and supports face-to-face and electronic formats; and
- Develop targeted professional development programs by bringing teachers of science together with scientists and/or engineers to improve such teachers' content knowledge, instructional practices and skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education are better able to provide.
Proposals for this priority should be guided by the conceptual frameworks of the New York State Science Initiative, which is designed to improve student achievement in PreK-12 Science programs by providing curriculum guidance, instructional resources and tools that will:
- Elevate the importance of science,
- Enhance professional development for teachers (content and pedagogy), and
- Encourage students, teachers, administrators, parents, higher education professionals, and community members to collaborate together.
Consideration for funding will be given to proposals that target significant professional development opportunities for teachers in schools identified as schools in need of improvement (SINI). For more information about the NYS Science Initiative see http://www.emsc.nysed.gov/ciai/mst/scin.html; http://www.emsc.nysed.gov/ciai/mst/scirg.html
Competitive Priority C – Interdisciplinary-STEM Focus
The goal of the interdisciplinary STEM education focus is to develop and implement research-based, evidence-based, design-based, and/or inquiry-centered professional development opportunities at the local level to improve curriculum, instructional and/or assessment practices across the Science, Technology, Engineering, and Mathematics (STEM) disciplines.
The interdisciplinary focus has four major objectives:
- Engage teachers and administrators in rigorous, cross-curricular professional development that supports and improves the teaching and learning of science, technology, engineering, and mathematics (STEM) to increase student achievement in science, technology, engineering, and mathematics education as evident on local, State, and national assessments;
- Collaborate with stakeholders in STEM education and support networks in delivering professional development to improve curriculum and enhance instructional and assessment practices that incorporate STEM education into real-world contexts through face-to-face and electronic formats;
- Develop targeted professional development across-curricular programs by bringing teachers of science, technology, engineering, and mathematics (STEM) education together with scientists, engineers, and mathematicians to collaborate and improve such teachers' content knowledge, instructional practices and skills through project-based learning and technological design using differentiated instruction; sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education are better able to provide; and
- Develop and implement rigorous professional development in science, technology, engineering, and mathematics, based on learning experiences that are interdisciplinary by design and apply the content knowledge in these subject areas. In addition, professional development must be integrative and align to New York State learning standards, local content standards, as well as standards expected for postsecondary study in engineering, mathematics, and science.
Proposals for this priority category should be guided by the conceptual frameworks of the New York State Mathematics, Science and Technology Initiatives, which are designed to improve student achievement in PreK-12 Science, Technology, Engineering, and Mathematics education programs by providing curriculum guidance, instructional resources and tools that will:
- Elevate the importance of STEM education,
- Enhance professional development for teachers (content and pedagogy), and
- Encourage students, teachers, administrators, parents, higher education professionals, and community members to collaborate together.
Consideration for funding will be given to proposals that target significant professional development opportunities to teachers in schools identified as schools in need of improvement (SINI). In addition to the Mathematics and Science Initiatives mentioned in priority A and B, more information on the Technology Initiative may be found at http://www.emsc.nysed.gov/cte/technology/
Allowable Activities
Funding may be used for one or more of the activities listed below. The proposal must clearly describe how the specified activities carry out the selected competitive priority.
- Develop or redesign rigorous mathematics, science, and/or STEM curricula;
- Improve subject matter knowledge and strong instructional practices and skills of teachers of mathematics, science, and STEM education. Include integrating reliable scientifically-based or evidence-based teaching methods, and infusion of technology-based teaching methods into the curriculum;
- Establish a series of professional development experiences including courses, workshops, and institutes, as defined in NCLB, Title II, Part B, Sections 2201(b)(2) and 2202(c)(3);
- Recruit secondary and postsecondary students interested in pursuing study in mathematics, science, and/or engineering fields into teaching careers through scholarships, stipends, and signing incentives;
- Design programs to identify and develop exemplary teachers of mathematics, science, and STEM education in the K-12 classrooms;
- Establish distance learning and on-line programs for teachers of mathematics, science, and STEM, using multiple modalities and curricula that are innovative, content-based, and based on current scientifically-based or evidence-based research;
- Create programs that bring teachers of mathematics, science, and STEM education into contact with working scientists, mathematicians, and engineers;
- Design programs to prepare teachers of mathematics, science, and STEM education to provide professional development to other teachers of mathematics or science; and
- Encourage students, especially under-represented populations in the fields of mathematics, science, and STEM education, to pursue degrees leading to STEM careers.
The required template for the Professional Development Plan must be completed for each cohort of teachers targeted in the project. The Professional Development Plan must include the series of activities, workshops, courses, and institutes over the duration of the grant for each cohort targeted.
Funds must be used to supplement, not supplant, fiscal resources that would otherwise be used for proposed activities.
Evaluation and Accountability Plan
The impact of each teacher’s participation in professional development must be evaluated annually; a teacher must participate in a minimum of 30 hours of professional development each year, 90 hours over the three-year grant.
Professional expertise, knowledgeable staff and fiscal resources dedicated to this activity are essential. The Evaluation & Accountability Plan template included in the application form must be used to articulate rigorous indicators and benchmarks that measure the impact of the professional development program carried out annually for each year of funding, including:
- All MSP project evaluations are required to collect and report the five Government Performance and Results Act (GPRA) indicators developed by the United States Education Department. To help ensure MSP projects meet federal evaluation and reporting requirements, all local evaluations must collect the necessary data to respond accurately to the following GPRA performance measures:
- GPRA Measure 1: The percentage of teachers who significantly increase their content knowledge in mathematics and science, as reflected in project-level pre-and post – assessments.
- GPRA Measure 2: The percentage of students in classrooms of MSP teachers who score at the basic level or above in State assessments of mathematics or science.
- GPRA Measure 3: The percentage of students in classrooms of MSP teachers who score at the proficient level or above in state assessments of mathematics or science.
- GPRA Measure 4: The percentage of MSP projects that report using experimental or quasi-experimental design for their evaluations.
- GPRA Measure 5: the percentage of MSP projects that use experimental or quasi experimental design for their evaluations that are conducted successfully and that yield scientifically valid results.
- Measurable objectives to increase the number of teachers of mathematics, science, and STEM education who participate in MSP activities;
- The change in mathematics and science achievement for students of teachers participating in MSP program activities using rigorous achievement measures. Examples of indicators include changes in state mathematics/science test scores for students of participating teachers, changes in the percentages of students enrolled in advanced mathematics/science courses for students of participating teachers;
- The change in teacher mathematics or science content knowledge using evaluation methods that go beyond self report measures. Examples of indicators include changes in themathematics/science content knowledge scores for participating teachers on a standardized assessment instrument;
- The change in teacher pedagogical skills in math or science using evaluation methods beyond self report measures. Examples of indicators include measurable changes the percentage of participating teachers with improved pedagogical skills in mathematics, science, and STEM; changes in the percentages of participating math/science secondary school teachers with academic rigor and depth of knowledge related to the subjects they teach; changes in observational data using a standardized observational protocol.
- Evaluations are expected to use experimental designs, quasi-experimental designs, or evidence-based designs with comparison groups where possible when measuring change in student achievement and teacher content pedagogy. Additionally, methods for measuring the quality of professional development activities and changes in teacher content and pedagogy for 100% of teacher participants; data instruments (including evidence of validity and reliability for all instruments to be used), and analysis must be provided. (Annual Pre/Post testing of all participating teachers is required).
- All projects must collect and track the number of hours of professional development provided for each participant and input data on-line using the Professional Development Tracking Form development by the Department. The professional development outlined on the tracking form must align to the series of professional development for each cohort of teachers as identified on the Professional Development Plan template submitted for approval.
Reporting Requirements
Grant recipients must complete annual federal and State reporting requirements to the United States Department of Education and the New York State Education Department. Along with federal government performance (GPRA) indicators, major reporting categories required for State and federal annual reports include but are not limited to the following categories: service statistics, planned professional development opportunities, teacher content knowledge, teacher pedagogy, student achievement, evaluation design and information about teachers and students of teachers participating in the project. These annual reports serve as benchmark indicators that measure the goals and objectives targeted and described in the partnership’s proposal. Continuation funding for 7/1/2011 through 6/30/2012 and 7/1/2012 through 6/30/2013 will be tied to satisfactory data and reporting on the previous year’s performance.
Prior agreement on collecting pertinent project evaluation data must be arranged with school district personnel responsible for collecting and analyzing student and teacher data. Further information regarding reporting requirements and forms will be made available on the Department’s MSP website at http://www.emsc.nysed.gov/ciai/mst/msp/
Information related to federal reporting requirements can be found at http://www.ed-msp.net/
Funding Allocation and Budget Submission
Grants will be awarded for three years, for the following project periods:
- 7/1/2010 through 6/30/2011
- 7/1/2011 through 6/30/2012, and
- 7/1/2012 through 6/30/2013.
Funding for each year will be contingent upon the availability of funds from the United States Department of Education and satisfactory program performance and reporting.
Region |
Total Allocation by Priority Category for each Region |
||
Mathematics Focus |
Science Focus |
Interdisiplinary-STEM |
|
| New York City | $2,000,000 | $2,000,000 | $2,000,000 |
| Rest of State | $1,400,000 | $1,400,000 | $1,400,000 |
Applicants must complete the Three-Year Budget Summary Chart in the application. The Budget Category and Narrative Forms and FS-20 Budget Summary Form must be completed for the first year only.
The proposed budget will be reviewed for appropriateness of expenditures. The proposed expenditures must be related to and reasonable for the number of participating teachers. Unallowable or inappropriate expenditure(s) will be eliminated and reflected in the score of the budget.
Review & Ranking of Proposals and Method of Award
Incomplete proposals and proposals postmarked after the due date will not be reviewed. Each eligible proposal will be reviewed by at least two reviewers. Each reviewer will score the Proposal Narrative and Budget according to the indicated point criteria. If the two scores differ by 20 points or more, the proposal will be scored by a third reviewer. The two closest scores will be averaged to calculate the final average score of the proposal.
Proposals that receive a final average score of 75 or more will be considered for funding. Proposals will be placed in order of final average scores from highest to lowest in each region in each of following priority categories and subcategories:
- Priority Category 1, Mathematics Focus:
- Subcategory 1: Proposals with a mathematics focus that have one or more participating SINI-math schools.
- Subcategory 2: Remaining proposals with a mathematics focus.
- Priority Category 2, Science Focus:
- Subcategory 1: Proposals with a science focus that have one or more participating SINI schools.
- Subcategory 2: Remaining proposals with a science focus.
- Priority Category 3, Interdisciplinary-STEM:
- Subcategory 1: Proposals with an Interdisciplinary-STEM focus that have one or more participating SINI schools.
- Subcategory 2: Remaining proposals with an interdisciplinary-STEM focus.
Within each priority category (Mathematics Focus, Science Focus, and Interdisciplinary-STEM Focus) in each region, grants will be awarded in the full amount of the budget, as adjusted, to the highest-ranked proposals:
- First, in subcategory 1 until funds are insufficient to fund the next ranked proposal in full.
- Second, if funds remain, in subcategory 2 until funds are insufficient to fund the next ranked proposal in full.
If within any subcategory there are insufficient funds to fund the next ranked proposal in full, then the next ranked proposal will be given the opportunity to operate a smaller program using the remaining funds.
If any funds remain in a priority category within a region after all applicants with a final average score of 75 or higher have been funded, those funds will be used to:
- First, fund the highest ranking applicant with a final average score of 75 or higher not fully funded, and then not funded in the same priority category in another region; and
- Second, fund the highest ranking applicant with a final average score of 75 or higher not fully funded, and then not funded in another priority category.
In the event of tie scores, the score on the following parts of the Project Narrative will be used to determine the higher ranking:
- the score on item 4, Program Activities, and if still tied
- the score on item 3, Project Goals and Alignment, and if still tied
- the score on item 5, Evaluation and Accountability Plan.
Application Submission
Listed below are the required components of an acceptable proposal, in the order that they should appear. The Proposal Narrative must use at least 12-point font and not exceed 20 pages. This limit does not apply to any of the required forms in the application including the Budget Category and Narrative and FS-20 forms.
- Application Checklist
- Application Cover Page
Both required partners, LEA and Higher Educational Institution, must be identified - Partner Identification Form
All other partners should be identified on the Partner Identification Form. Proposals must include commitment letters from each partner, signed by an authorized official of the organization, outlining their role and contribution to the project. - Participating Schools Identification Form
All participating schools, including public schools, private and nonpublic schools, and charter schools must identify the number of teachers in a specific cohort. Each teacher identified in a cohort must receive a minimum of 90 hours of professional development within the three-year span of the grant’s duration. The number of students to be impacted by these teachers should be indicated. Also, for each private and non-public school, the value of the services to be provided to the school should be estimated. Additionally, include the signature of the teacher’s union representative, if applicable, indicating they have reviewed the professional development plans being proposed. - Private and Nonpublic School Consultation Form
Any private or nonpublic school located in areas served by the partnership must be consulted during the design and development of the program. Each private and nonpublic school must be identified in the Private and Nonpublic School Consultation Form. The form should include the signature of a school confirming that the consultation took place, and an explanation of the date and type of consultation. - Letter of Commitment from each partner outlining their role and contribution to the project
- Proposal Narrative
- Professional Development Plan
- Evaluation and Accountability Plan
- Three-year Budget Summary Form
- Budget Category and Narrative Forms (for the first year only)
- Federal Assurances, New York State Assurances and Certifications (Appendix A and Appendix A-1G)
- FS-20 Budget (for the first year only) with original signature from Superintendent is available at http://www.oms.nysed.gov/cafe/forms/
Applicants must submit one original and three copies of the full proposal to the Department. Fax and e-mail transmissions are not acceptable. To be considered for funding, proposals must be postmarked no later than the due date. Incomplete proposals and proposals postmarked after the due date will not be reviewed.
NYSED Consortium Policy for State and Federal Discretionary Grant Programs
Participants can form a partnership or consortium to apply for the grant. In order to do so, the partnership or consortium must meet the following requirements:
- The partnership or consortium must designate one of the participants to serve as the applicant and fiscal agent for the grant. The applicant agency must be an eligible grant recipient. All other consortium members must be eligible grant participants, as defined by the program statute or regulation.
- In the event a grant is awarded to a partnership/consortium, the grant or grant contract will be prepared in the name of the applicant agency/fiscal agent, not the partnership/consortium, since the group is not a legal entity.
- The applicant agency/fiscal agent must meet the following requirements:
- Must be an eligible grant recipient as defined by statute;
- Must receive and administer the grant funds and submit the required reports to account for the use of grant funds;
- Must require consortium partners to sign an agreement with the fiscal agent that specifically outlines all services each partner agrees to provide.
- Must be an active member of the partnership/consortium, except where SUNY or CUNY Research Foundations are the fiscal agent.
- Cannot act as a flow-through for grant funds to pass to other recipients. NYSED may establish a minimum level of direct service to be provided by the fiscal agent.
- Is PROHIBITED from subgranting funds to other recipients. The fiscal agent is permitted to contract for services with other consortium partners or consultants to provide services that the fiscal agent cannot provide itself.
- Must be responsible for the performance of any services provided by the partners, consultants, or other organizations and must coordinate how each plan to participate.
Contract Award Protest Procedures
Applicants who receive a notice of non-award may protest the NYSED award decision subject to the following:
- The protest must be in writing and must contain specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the contract award by NYSED.
- The protest must be filed within ten (10) business days of receipt of the notice of non-award. The protest letter must be filed with:
NYS Education Department
Contract Administration Unit
89 Washington Avenue
Room 505W EB
Albany, NY 12234 - The NYSED Contract Administration Unit (CAU) will convene a review team that will include at least one staff member from each of NYSED’s Office of Counsel, CAU, and the Program Office. The review team will review and consider the merits of the protest and will decide whether the protest is approved or denied. Counsel’s Office will provide the applicant with written notification of the review team’s decision within seven (7) business days of the receipt of the protest. The original protest and decision will be filed with OSC when the contract procurement record is submitted for approval and CAU will advise OSC that a protest was filed.
- The NYSED Contract Administration Unit (CAU) may summarily deny a protest that fails to contain specific factual or legal allegations, or where the protest only raises issues of law that have already been decided by the courts.