Charter schools program

(a)

Purpose

Section 5201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221) is amended— (1)in the matter preceding paragraph (1) by striking to increase national understanding of the charter schools model by— and inserting to support the Nation’s charter schools in increasing the academic achievement of students, by—; (2)in paragraph (3)— (A)by inserting before the semicolon the following: , especially those students that attend schools that have been identified as in need of improvement; and (B)by striking and at the end; (3)by redesignating paragraph (4) as (6); and (4)by inserting after paragraph (3) the following:

(4)encouraging the replication of successful charter school models; (5)disseminating charter school innovations throughout public education; and

(b)

Program authorized

Section 5202 of that Act (20 U.S.C. 7221a) is amended— (1)in subsection (a) by inserting after State educational agencies the following: and authorized public chartering agencies; (2)in subsection (b) by striking 5203(c) and inserting 5203(d); (3)in subsection (c)— (A)in paragraph (1)— (i)by striking under this section and inserting or authorized public chartering agencies under this section; and (ii)by striking 3 years and inserting 5 years; and (B)by amending paragraph (2) to read as follows:

(2)

Grants to eligible applicants

Grants awarded by the Secretary to eligible applicants under subsection (b) or subgrants awarded by State educational agencies or authorized public chartering agencies to eligible applicants under section 5204(g)(1) shall be for a period of not more than 3 years. The eligible applicant shall use a portion of that period for planning and program design and a portion for the initial implementation of a charter school.

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(4)by striking subsection (d); (5)by redesignating subsections (e) and (f) as (d) and (e), respectively; (6)in subsection (d) (as so redesignated)— (A)by amending paragraph (1) to read as follows:

(1)

In general

In awarding grants under this subpart from any funds appropriated under section 5211 (other than funds reserved to carry out section 5205(b)), the Secretary shall— (A)exclude applications from a State to the extent the State has laws that meet the criteria described in paragraph (4), unless the application demonstrates that such laws do not stifle growth of charter schools or limit parental options; and (B)give priority to States to the extent that the States meet the criteria described in paragraph (2) and one or more of the criteria described in paragraph (3).

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(B)in paragraph (2)— (i)by striking paragraph (1) and inserting paragraph (1)(B); (ii)by striking periodic and inserting annual; and (iii)by striking , at least once every five years unless required more frequently by State law,; (C)in paragraph (3)— (i)by striking paragraph (1) and inserting paragraph (1)(B); (ii)in subparagraph (A) by inserting after State educational agency the following: , authorized public chartering agency,; and (iii)by striking subparagraphs (B) and (C) and inserting the following:

(B)The State provides for one authorized public chartering agency that is not a local educational agency, such as a State chartering board, for each individual or entity seeking to operate a charter school pursuant to such State law. (C)The State allows for an appeals process for the denial of an application for a charter school. (D)The State ensures that each charter school has a high degree of autonomy over the charter school's budgets and expenditures and an independent governing board that enters into a written performance contract with an authorized public chartering agency. (E)The State provides public charter schools with funding commensurate with that provided to other public schools, including provision for school facilities, and ensures that local educational agencies send to public charter schools the Federal, State, and local dollars to which they are entitled in a timely manner. (F)The State makes it a priority to create charter schools in districts or geographical areas with large numbers of schools designated as in need of improvement. (G)The State demonstrates that a high percentage of its charter school students are either achieving at or above the proficient level or making sufficient progress toward proficient levels on the State reading or language arts, and mathematics, assessments administered under section 1111(b)(3).

; and

(D)by adding at the end the following:

(4)

Exclusion criteria

The criteria referred to in paragraph (1)(A) are the following: (A)The laws limit the number of charter schools in the State. (B)The laws limit the number of new charter schools per year. (C)The laws limit the number of start-up charter schools. (D)The laws limit the number of charter schools per approved authorizer. (E)The laws limit the number or percentages of students who may attend a charter school. (F)The laws limit the number or percentages of a State’s student population who may attend a charter school. (G)The laws limit the percentage of a school district’s budget allocated to charter schools. (H)The laws limit, in any other way the Secretary considers material, the ability of the State to use charter schools to serve students in the State.

; and

(7)in subsection (e) (as so redesignated)— (A)by striking subpart and inserting section; (B)by inserting after State educational agency the following: or authorized public chartering agency; (C)by striking take into consideration and inserting consider; and (D)by inserting before the period at the end the following: and the number of subgrants the Secretary believes the State educational agency or authorized public chartering agency would be able to make. (c)

Applications

Section 5203 of that Act (20 U.S.C. 7221b) is amended— (1)in subsection (a) by striking may require and inserting may reasonably require; (2)in subsection (b)— (A)in paragraph (1) by striking and at the end; (B)in paragraph (2) by striking and at the end; (C)by redesignating paragraph (3) as (4); (D)by inserting after paragraph (2) the following:

(3)describe the criteria that the eligible entity will use to award subgrants to eligible applicants to ensure high-quality charter schools; and

; and

(E)in paragraph (4) (as so redesignated)— (i)in subparagraph (F) by striking authorized public chartering agency will provide for continued operation and inserting State educational agency will provide for continued funding; (ii)by redesignating subparagraphs (G) through (M), and subparagraph (N), as (H) through (N), and (Q), respectively; (iii)by inserting after subparagraph (F) the following:

(G)a description of how the State educational agency will ensure that the creation of charter schools are targeted toward those districts or geographical areas with a large number of schools designated as in need of improvement;

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(iv)in subparagraph (I) (as so redesignated) by inserting before the semicolon at the end the following: and how such funds will be used for planning and program design and for the initial implementation of a charter school; (v)in subparagraph (J)(ii) (as so redesignated) by inserting before the semicolon at the end the following: , including a description of how the eligible applicant will hold a lottery if the number of applicants exceeds the number of seats available; (vi)in subparagraph (N) (as so redesignated)— (I)by striking under section 5202(c)(2)(C) and inserting as described in section 5204(g)(6); and (II)by striking and at the end; and (vii)by inserting after subparagraph (N) (as so redesignated) the following:

(O)information demonstrating support of the application from the State’s charter school community; (P)a description of how the State encourages the inclusion, on independent governing boards, including those overseeing multi-campus charters, individuals with a diversity of skills, including business management, financial management, real estate finance, and curriculum and instruction; and

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(3)by redesignating subsections (c) and (d) as (d) and (e), respectively; (4)by inserting after subsection (b) the following:

(c)

Authorized public chartering agency’s application

(1)

In general

Each authorized public chartering agency desiring a grant under section 5202(a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2)

Contents

Each application submitted pursuant to paragraph (1) shall contain the information and assurances described in subsection (b), as appropriately applied to authorized public chartering agencies.

; and

(5)in subsection (e) (as so redesignated)— (A)in the matter preceding paragraph (1) by striking subsection (c) and inserting subsection (d); (B)in paragraph (1)— (i)by striking (A) through (N) and inserting (A) through (Q); and (ii)by striking (J), (K), and (N) and inserting (K), (L), and (Q); and (C)in paragraph (2)(B) by striking 5204(e) and inserting 5204(f). (d)

Administration

Section 5204 of that Act (20 U.S.C. 7221c) is amended— (1)in subsection (a)(7) by striking (f)(6)(B) and inserting (g)(6)(B); (2)by striking subsection (g); (3)by redesignating subsections (b) through (f) as (c) through (g), respectively; (4)by inserting after subsection (a) the following:

(b)

Selection criteria for authorized public chartering agencies

(1)

In general

The Secretary shall award grants to authorized public chartering agencies under this subpart on the basis of the quality of the applications submitted under section 5203(c), after considering such factors as— (A)the contribution that a proposed grant will make to assisting educationally disadvantaged and other students in meeting State academic content standards and State student academic achievement standards; (B)the degree of flexibility afforded by the State educational agency to charter schools under the State's charter school law; (C)the ambitiousness of the objectives for the proposed project; (D)the quality of the strategy for assessing achievement of those objectives; (E)the likelihood that the proposed grant will meet those objectives and improve educational results for students; (F)the number of high-quality charter schools created under this subpart by the agency; and (G)in the case of an authorized public chartering agency that proposes to use grant funds to support dissemination activities under subsection (g)(6)(B), the quality of those activities and the likelihood that those activities will improve student academic achievement. (2)

Requirements

The Secretary may award a grant to an authorized public chartering agency only if the Secretary determines that— (A)the agency has the capacity to make subgrants effectively; and (B)making the grant would benefit charter schools in the State.

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(5)in subsection (c) (as so redesignated)—— (A)in the matter preceding paragraph (1) by striking 5203(c) and inserting 5203(d); (B)by striking paragraph (4) and inserting the following:

(4)the objectives for the charter school and a description of how such objectives will be fulfilled, including steps taken by the charter school to include teachers, parents, and communities in fulfilling the objectives;

; and

(C)in paragraph (7) by striking (f)(6)(B) and inserting (g)(6)(B); (6)in subsection (d) (as so redesignated) by inserting after State educational agency the following: or authorized public chartering agency; (7)in subsection (e) (as so redesignated)— (A)in the matter preceding paragraph (1) by inserting after State educational agency the following: or authorized public chartering agency; and (B)in paragraph (2) by striking , such as approaches designed to reduce school size; (8)in subsection (g) (as so redesignated)— (A)by amending paragraph (1) to read as follows:

(1)

State educational agencies and authorized public chartering agencies

Each State educational agency or authorized public chartering agency receiving a grant under this subpart shall use such grant funds to award subgrants to one or more eligible applicants in the State to enable such applicant to plan and implement a charter school in accordance with this subpart, provided that most of the funds be awarded to charter school developers, equitably distributed among public nonprofit organizations, private nonprofit organizations, and groups of teachers, administrators, parents, and others. A State educational agency or authorized public chartering agency may vary the dollar amount per grant that it awards to eligible applicants based upon a variety of factors, including whether the eligible applicant is a start-up charter school or a conversion charter school and whether the eligible applicant is creating a charter school under a new charter or an existing charter.

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(B)in paragraph (2) by striking or a State educational agency and inserting , or from a State educational agency or authorized public chartering agency,; (C)in paragraph (3)— (i)in subparagraph (A) by striking and at the end; (ii)in subparagraph (B) by striking the period at the end and inserting ; and; and (iii)by adding at the end the following:

(C)dissemination activities as described in paragraphs (2) and (6).

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(D)in paragraph (4) by amending subparagraph (A) to read as follows:

(A)

State educational agency and authorized public chartering agency administrative expenses

Each State educational agency or authorized public chartering agency receiving a grant pursuant to this subpart may reserve not more than 5 percent of such grant funds for administrative expenses associated with the charter school grant program assisted under this subpart.

; and

(E)in paragraph (6)— (i)in subparagraph (A)— (I)by striking

In general

and inserting

Charter school

; and (II)by striking whether or not the charter school has applied for or received funds under this subpart for planning, program design, or implementation,; and (ii)by adding at the end the following:

(C)

State dissemination activities

(i)

General rule

A State educational agency or authorized public chartering agency may use funds authorized to be reserved for dissemination activities under paragraph (3) to make subgrants for dissemination activities, described in subparagraph (B), for charter schools described in subparagraph (A), to— (I)eligible applicants; or (II)non-profit organizations that have demonstrated knowledge of, and experience with, the activities described in subparagraph (B). (ii)

Special rule

A State educational agency may also use funds authorized to be reserved for dissemination under paragraph (3) to make a subgrant, for dissemination activities described in subparagraph (B), to an authorized public chartering agency that does not receive a direct grant from the Secretary under section 5202.

(e)

National activities

Section 5205 of that Act (20 U.S.C. 7221d) is amended— (1)in subsection (a)— (A)in paragraph (1) by inserting after State educational agencies the following: or authorized public chartering agencies; (B)in paragraph (3)(E) by inserting before the period at the end the following: , authorized public chartering agencies, and charter support organizations; and (C)by striking paragraph (5) and inserting the following:

(6)To provide technical assistance to charter schools on how to meet the requirements of part B of the Individuals with Disabilities Education Act.

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(2)in subsection (b)— (A)in paragraph (2)(A) by striking subsection and all that follows through the Secretary shall and inserting subpart, the Secretary may; (B)in paragraph (4) by striking subparagraph (B) and inserting the following:

(B)

Eligibility

To be eligible to receive a grant under this subsection, a State shall— (i)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; or (ii)provide funding for operations, capital costs, and interest for charter schools in the State in an amount that, on a per-pupil basis, is commensurate with what it provides for those costs to public elementary and secondary schools in the State.

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(C)in paragraph (6) by striking (A), (B), and (C) of paragraph (3), of section 5202(e) and inserting (A) through (G) of paragraph (3), of section 5202(d); and (D)by adding at the end the following:

(7)

Evaluations

The Secretary shall carry out evaluations of, technical assistance for, and information dissemination regarding, the per-pupil facilities aid programs. In carrying out the evaluations, the Secretary may carry out one or more evaluations of State programs assisted under this subsection, which shall, at a minimum, address— (A)how, and the extent to which, the programs promote educational equity and excellence; and (B)the extent to which charter schools supported through the programs are— (i)held accountable to the public; (ii)effective in improving public education; and (iii)open and accessible to all students.

; and

(3)by adding at the end the following:

(d)

Dissemination grants

(1)

In general

The Secretary may reserve not more than 7 percent of the funds appropriated under section 5211 for any fiscal year to make grants, on a competitive basis, to State educational agencies, authorized public chartering agencies, local educational agencies, nonprofit organizations, or a consortium of charter schools, in any combination, for multi-State dissemination activities designed to increase the number of high-quality charter schools nationally by carrying out such activities as— (A)assisting others with the planning and start-up of one or more new public schools, including charter schools; (B)developing partnerships designed to improve student academic achievement; (C)developing curriculum materials, assessments, and other materials that promote increased student achievement and are based on successful practices within charter schools; (D)conducting evaluations and developing materials that document successful practices at charter schools and that are designed to improve student performance in other schools; and (E)training personnel of the adopting local educational agencies, charter schools, authorized public chartering agencies, and charter support organizations in the innovative practice developed at the original site. (2)

Application

An eligible entity desiring a grant under paragraph (1) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(f)

Definitions

Section 5210 of that Act (20 U.S.C. 7221i) is amended— (1)in paragraph (1)— (A)by striking subparagraph (L); (B)by redesignating subparagraphs (C) through (K) as (D) through (L); (C)by inserting after subparagraph (B) the following:

(C)has an independent governing board that enters into a performance-based agreement— (i)that encompasses one or more campuses with an authorized public chartering agency in the State; (ii)that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments or evaluations mutually agreeable to the authorized public chartering agency and the charter school and criteria for renewal or revocation;

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(D)in subparagraph (I) (as so redesignated) by inserting before the semicolon at the end the following: , and does not give admissions preference to any student on the basis of prior academic achievement; (E)in subparagraph (K) (as so redesignated) by adding and at the end; and (F)in subparagraph (L) (as so redesignated) by striking ; and and inserting a period; (2)by amending paragraph (3) to read as follows:

(3)

Eligible applicant

The term eligible applicant means— (A)a developer that has applied to an authorized public chartering authority to operate a charter school and provided adequate and timely notice and a copy of the application to that authority under section 5203(e)(3); or (B)a charter support organization.

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(3)in paragraph (4) by striking or other public entity and inserting other public entity, private nonprofit entity, or a consortium of entities; and (4)by adding at the end the following:

(5)

Charter support organization

The term charter support organization means a public or private nonprofit organization that provides assistance to developers during the planning, program design, and initial implementation of a charter school.

(g)

Authorization of appropriations

Section 5211 of that Act (20 U.S.C. 7221j) is amended— (1)in subsection (a) by striking 2002 and inserting 2008; and (2)by striking subsection (b) and inserting the following:

(b)

Considerations

In allocating funds under this subpart for any fiscal year, the Secretary shall consider the relative need between the programs under section 5202 and section 5205(b) and (d) and the quality of the applications submitted.