1.This Act may be cited as the
All Students Achieving through Reform
Act of 2009
or All-STAR Act of 2009
.
2.It is the purpose of this Act to support
State efforts to expand and replicate high-quality public charter schools to
enable such schools to serve additional students, with a priority to serve
those students who attend identified schools or schools with a low graduation
rate.
3.Support for
proven charter schools and increasing the supply of high-quality charter
schools
(a)From the amounts appropriated under section 13 for any
fiscal year, the Secretary shall award grants, on a competitive basis, to
eligible entities to make subgrants to eligible public charter schools, and
carry out the other activities described in section 6, to allow such schools to
serve additional students through the expansion and replication of such
schools.
(b)In determining the grant amount to be awarded under this
section to an eligible entity, the Secretary shall take into
consideration—
(1)the number of
eligible public charter schools under the jurisdiction of the eligible entity
that are operating, are approved to open, or are likely to open during the
duration of the grant;
(2)the number of
seats for new students that could be created in such schools with such
grant;
(3)the number of
students eligible for free or reduced price lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) who are on waiting
lists for charter schools under the jurisdiction of the eligible entity, and
other information with respect to charter schools in such jurisdiction that
suggest the interest of parents in charter school enrollment for their
children;
(4)the number of
students attending identified schools and schools with a low graduation rate in
the State where an eligible entity intends to replicate or expand eligible
public charter schools; and
(5)the success of the
eligible entity in overseeing public charter schools and the likelihood of
continued or increased success because of the grant under this Act.
(c)Grants under this Act
shall be awarded for a period of up to 5 years and may be continued for up to a
period of 5 additional years at the discretion of the Secretary.
4.
(a)To be considered
for a grant under this Act, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and containing such information as
the Secretary may require.
(b)The
application described in subsection (a) shall include, at a minimum, the
following:
(1)Documentation of the
record of success of the eligible entity in overseeing or operating public
charter schools, including—
(A)the performance of students on the academic
assessments described in section 1111(b)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(3)) of the State where such schools
are located, disaggregated by—
(i)economic
disadvantage;
(ii)race and
ethnicity;
(iii)disability
status; and
(iv)level of English
proficiency;
(B)the status of such
schools under section 1116 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316) in making adequate yearly progress or as identified
schools; and
(C)in the case of
high schools, the graduation rates and rates of college enrollment and
persistence of such schools.
(2)A plan for using funds received under this
Act for—
(A)replicating and expanding eligible charter
schools operated or overseen by the eligible entity;
(B)identifying
eligible public charter schools, or networks of public charter schools, to
receive subgrants under this Act;
(C)increasing the
number of seats in eligible public charter schools for students attending
identified schools and schools with a low graduation rate;
(D)ensuring that
eligible public charter schools receiving a subgrant under this Act enroll
students through a random lottery for admission, unless the charter school is
using the subgrant to expand the school to serve additional grades, in which
case such school may reserve seats in the additional grades for—
(i)each
student enrolled in the grade preceding each such additional grade; and
(ii)siblings of
students enrolled in the charter school, if such siblings desire to enroll in
such grade;
(E)the manner in
which the eligible entity will work with identified schools, and schools with
low graduation rates, under its jurisdiction or the jurisdiction where the
eligible entity intends to replicate or expand eligible public charter schools,
and the local educational agencies serving such schools that are eligible to
enroll students in a public charter school receiving a subgrant under this Act,
to—
(i)engage in community outreach and
communicate with parents of students at identified schools and schools with low
graduation rates who are eligible to attend a public charter school receiving a
subgrant under this Act about the opportunity to enroll in such school, in a
manner consistent with section 444 of the General Education Provisions Act
(commonly known as the Family Educational Rights and Privacy Act of
1974
(20 U.S.C. 1232g));
(ii)notify parents of
students at such schools of the option to transfer to an eligible public
charter school receiving a subgrant under this Act;
(iii)provide
information to parents of students at such schools, in a language that the
parents can understand, to enable the parents to make informed decisions
regarding such students; and
(iv)ensure that a
student can continue to attend an eligible public charter school if the public
charter school the student was attending in the previous school year is no
longer an eligible public charter school;
(F)disseminating to public schools under the
jurisdiction of the eligible entity, in a manner consistent with section 444 of
the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the
Family Educational Rights and Privacy Act of 1974
), the best
practices learned by awarding subgrants to eligible public charter schools
under this Act, with particular emphasis on the best practices with respect
to—
(i)focusing on
closing the achievement gap; and
(ii)successfully
serving the education needs of low-income students.
(3)Charter school
informationThe number
of—
(A)eligible public charter schools that are
operating in the State in which the eligible entity intends to award subgrants
under this Act;
(B)eligible public
charter schools approved to open in the next school year in such State;
(C)eligible public
charter schools likely to open during the duration of the grant to the eligible
entity in such State;
(D)available openings in eligible public
charter schools in such State that could be created through the replication or
expansion of such schools if the grant is awarded to the eligible
entity;
(E)students on
charter school waiting lists (if such lists are available) in—
(i)the State where the eligible entity intends
to replicate or expand eligible public charter schools; and
(ii)in
the local educational agency serving eligible public charter schools that may
receive subgrants under this Act from the eligible entity;
(F)students, and the percentage of students,
who attend identified schools and schools with a low graduation rate, in the
State where the eligible entity intends to replicate or expand eligible public
charter schools; and
(G)students, and the
percentage of students, in a local educational agency who are attending
eligible public charter schools that may receive a subgrant under this Act from
the eligible entity.
(4)Traditional
public school informationIn
the case of an eligible entity that is a State educational agency or local
educational agency, a list of the following schools under the jurisdiction of
the eligible entity, including the name and location of each such school, and
such demographic and socioeconomic information as the Secretary may
require:
(A)Identified
schools.
(B)Schools with a low
graduation rate.
(5)An assurance that the State educational
agency will include in the notifications provided under section 1116(c)(6) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(c)(6)) to
parents of each student enrolled in a school served by a local educational
agency identified for improvement under such section, information (in a
language that the parents can understand) about the eligible public charter
schools receiving subgrants under this Act.
5.Priorities for
awarding grantsIn awarding
grants under this section, the Secretary shall give priority to an eligible
entity—
(1)that serves or plans to serve a large
percentage of low-income students from identified schools or public schools
with a low graduation rate;
(2)that oversees or
plans to oversee one or more eligible public charter schools;
(3)that is
effectively monitoring the academic success of students who attend eligible
public charter schools under the jurisdiction of the eligible entity;
(4)that is under the jurisdiction of, or plans
to make subgrants under this Act in, a State that—
(A)ensures that all
public charter schools (including such schools served by a local educational
agency and such schools considered to be a local educational agency under State
law) receive, in a timely manner, the Federal, State, and local funds to which
such schools are entitled under applicable law; and
(B)does not have a cap
that restricts the growth of public charter schools in the State;
(C)provides funding (such as capital aid
distributed through a formula or access to revenue generated bonds) on a
per-pupil basis to public charter schools (including funding for school
facilities) commensurate with the amount of funding (including funding for
school facilities) provided to traditional public schools;
(D)supports public charter schools, and has in
place innovative policies that support academically successful charter school
growth;
(E)authorizes public
charter schools to offer early childhood education programs, including
pre-kindergarten, in accordance with State law;
(F)ensures that each
public charter school in the State—
(i)has
a high degree of autonomy over the public charter school’s budgets and
expenditures;
(ii)has a written performance contract with an
authorized public chartering agency that ensures that the school has an
independent governing board and such board has a high degree of autonomy;
and
(iii)in the case of an eligible public charter
school receiving a subgrant under this Act, amends its charter to reflect the
growth activities described in section 6;
(G)has an appeals
process for the denial of an application for a charter school;
(H)provides for an
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;
(I)allows any public
charter school to be a local educational agency in accordance with State law;
(J)ensures that each
authorized public chartering agency in the State submits reports to the State
educational agency (which shall be made public) on the performance of the
schools authorized or approved by such public chartering agency, which includes
information such as—
(i)the authorized public chartering agency’s
strategic plan for authorizing or approving public charter schools and any
progress toward achieving the objectives of the strategic plan;
(ii)the authorized public chartering agency’s
policies for authorizing or approving public charter schools, including whether
(among other factors) such policies examine a school’s—
(I)financial plan and
policies, including financial controls and audit requirements;
(II)plan for
identifying and successfully (in compliance with applicable laws and
regulations) serving students with disabilities, students who are English
language learners, students who are academically behind their peers, and gifted
students; and
(III)capacity and
capability to successfully launch and subsequently operate a public charter
school, including the backgrounds of the individuals applying to the agency to
operate such school;
(iii)the authorized public chartering agency’s
policies for renewing, not renewing, and revoking public charter schools’
charters;
(iv)the
authorized public chartering agency’s transparent, timely, and effective
process for closing down academically unsuccessful charter schools;
(v)the academic
performance of each operating public charter school authorized or approved by
the authorized public chartering agency, including the information reported by
the State in the State annual report card under section 1111(h)(1)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C));
(vi)the status of the
authorized public chartering agency’s charter school portfolio, identifying all
charter schools in the categories of approved (but not yet open), operating,
renewed, transferred, revoked, not renewed, voluntarily closed, or never opened
by such public chartering agency;
(vii)the authorizing
functions (such as approval, monitoring, and oversight) provided by the
authorized public chartering agency to the public charter schools authorized or
approved by such agency, including an itemized accounting of the actual costs
of such functions; and
(viii)the services purchased (such as accounting,
transportation, and data management and analysis) from the public chartering
agency by the public charter schools authorized or approved by such agency,
including an itemized accounting of the actual costs of these services;
(K)has or will have
(within 1 year after receiving a grant award under this Act) a State policy and
process for overseeing and reviewing the effectiveness and quality of the
State’s authorized public chartering agencies, including—
(i)a process for reviewing and evaluating the
performance of the authorized public chartering agencies in authorizing or
approving charter schools, including a process that enables the authorized
public chartering agencies to respond to any State concerns or deficiencies
regarding such authorizing or approving; and
(ii)any other necessary policies to ensure
effective charter school authorizing in the State that are developed in
conjunction with the State’s charter school community in accordance with the
principles of quality charter school authorizing, as determined by the State in
consultation with the charter school community and stakeholders; and
(L)that, in the case
of an eligible entity that is a local educational agency under State law, has a
cooperative agreement under section 1116(b)(11) of the Elementary and Secondary
(20 U.S.C. 6316(b)(11)).
6.An eligible entity
receiving a grant under this Act may only use the grant funds for the
following:
(1)
(A)To award subgrants,
in such amount as the eligible entity determines is appropriate, to eligible
public charter schools to replicate or expand such schools.
(B)An
eligible public charter school desiring to receive a subgrant under this
section shall submit an application to the eligible entity at such time, in
such manner, and containing such information as the Secretary may
require.
(C)An eligible public charter school receiving a subgrant
under this section shall use the subgrant funds to—
(i)provide for increases in each such school’s
enrollment of students through the replication or expansion of such
school;
(ii)support the
physical expansion of school buildings, including financing the development of
new buildings and campuses to meet increased enrollment needs;
(iii)pay costs
associated with hiring additional teachers to serve additional students;
(iv)provide
transportation to additional students to and from each such school, including
providing transportation to students who transfer to each such school under a
cooperative agreement established under section 1116(b)(11) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(11));
(v)purchase instructional materials, implement
teacher and principal professional development programs, and hire additional
non-teaching staff; and
(vi)support any
necessary activities associated with each such school serving additional
students.
(D)In awarding subgrants under this section,
an eligible entity shall give priority to each eligible public charter
school—
(i)that
has significantly closed the achievement gap between the groups of students
described in section 1111(b)(2)(C)(v) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v));
(ii)that—
(I)ranks in at least
the top 25th percentile in the State, based on enrollment, among all students
ranked by the percentage of students in the proficient or advanced level of
achievement on the State’s academic assessments in mathematics and reading
described in section 1111(b)(3) of the Elementary and Secondary Act of 1965 (20
U.S.C. 6311(b)(3)), or has an average student score on an exam (chosen by the
Secretary) that is at least in the 60th percentile in reading and at least in
the 75th percentile in math; and
(II)serves a high-need student population and
is eligible to participate in a schoolwide program under section 1114 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314), with
additional priority given to schools that serve a greater percentage of
low-income students, as compared to other schools that have submitted an
application under this section, and at least 2 groups of students described in
section 1111(b)(2)(C)(v) of such Act (20 U.S.C. 6311(b)(2)(C)(v)); or
(iii)that meets the
criteria described in clause (i) and serves low-income students who have
transferred to such school under a cooperative agreement described in section
1116(b)(11) (20 U.S.C. 6316(b)(11)).
(E)A subgrant under
this section shall be awarded for a period of up to 5 years.
(2)Facility
financing and revolving loan fundAn eligible entity may use up to 20 percent
of the amount of the grant funds received under this Act to establish a reserve
account described in section 7 to facilitate public charter school facility
acquisition and development by—
(A)conducting credit
enhancement initiatives (as referred to in subpart 2 of part B of title V of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7223 et seq.) in
support of the development of facilities for eligible public charter schools
serving students;
(B)establishing a
revolving loan fund for use by an eligible public charter school receiving a
subgrant under paragraph (1) from the eligible entity under such terms as may
be determined by the eligible entity to allow such school to expand to serve
additional students;
(C)facilitating,
through direct expenditure or financing, the acquisition or development of
public charter school buildings by the eligible entity or an eligible public
charter school receiving a subgrant under paragraph (1) from the eligible
entity, which may be used as both permanent locations for eligible public
charter schools or incubators for growing charter schools; or
(D)establishing a partnership with 1 or more
community development financial institutions (as defined in section 103(5) of
the Community Development Banking and Financial Institutions Act of 1994 (12
U.S.C. 4702(5)) or other mission-based financial institutions to carry out the
activities described in subparagraphs (A), (B), and (C).
(3)Administrative
tasks and outreach
(A)An eligible entity may use not more than 5 percent of the
grant funds awarded under this Act to cover the administrative tasks and
outreach associated with carrying out paragraphs (1) and (2).
(B)In carrying out the administrative tasks and outreach
described in subparagraph (A), eligible entities may contract with an
organization described in section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of such
Code (26 U.S.C. 501(a)).
7.
(a)To assist eligible
entities in the development of new public charter school buildings or
facilities for eligible public charter schools serving students, an eligible
entity receiving a grant under this Act that the entity has allocated for such
purpose may, in accordance with State and local law, directly or indirectly,
alone or in collaboration with others, deposit the funds received under this
Act in a reserve account established and maintained by the eligible entity for
that purpose.
(b)Funds
received under this Act and deposited in the reserve account established under
this section shall be invested in obligations issued or guaranteed by the
United States or a State, or in other similarly low-risk securities.
(c)Any earnings on funds received under this section shall
be deposited in the reserve account established under this section and used in
accordance with the purpose described in subsection (a).
(d)
(1)The Secretary, in accordance with chapter 37 of title 31,
United States Code, shall collect—
(A)all funds in a
reserve account established by an eligible entity under this section if the
Secretary determines, not earlier than 2 years after the date the eligible
entity first received funds under this Act, that the eligible entity has failed
to make substantial progress carrying out the purpose described in subsection
(a); or
(B)all or a portion of the funds in a reserve
account established by an eligible entity under this section if the Secretary
determines that the eligible entity has permanently ceased to use all or a
portion of funds in such account to accomplish the purpose described in
subsection (a).
(2)The Secretary shall not exercise the authority provided
in paragraph (1) to collect from any eligible entity any funds that are being
properly used to achieve such purpose.
(3)Sections
451, 452, and 458 of the General Education Provisions Act (20 U.S.C. 1234;
1234a; 1234g) shall apply to the recovery of funds under paragraph (1).
(4)This
subsection shall not be construed to impair or affect the authority of the
Secretary to recover funds under part D of the General Education Provisions Act
(20 U.S.C. 1234 et seq.).
(e)Any
funds collected by the Secretary under subsection (d) shall be awarded to
eligible entities receiving grants under this Act in the next fiscal
year.
8.The financial
records of each eligible entity and eligible public charter school receiving a
grant or subgrant under this Act shall be maintained in accordance with
generally accepted accounting principles and shall be subject to an annual
audit by an independent public accountant.
9.
(a)From the amounts
appropriated under section 13, not sooner than 3 years after the date of the
enactment of this Act, the Secretary shall conduct an independent,
comprehensive, and scientifically sound evaluation, by grant or contract and
using the highest quality research design available, of the impact on student
achievement of the activities carried out under this Act.
(b)Not later than 4 years after the date of
the enactment of this Act, and biannually thereafter, the Secretary shall
submit to Congress a report on the results of the evaluation described in
subsection (a).
10.Each eligible entity receiving a grant under
this Act shall prepare and submit to the Secretary the following:
(1)A
report that contains such information as the Secretary may require concerning
use of the grant funds by the eligible entity, including the academic
achievement of the students attending eligible public charter schools as a
result of the grant. Such report shall be submitted before the end of the
4-year period beginning on the date of enactment of this Act and every 2 years
thereafter.
(2)Such performance information as the Secretary may
require for the national evaluation conducted under section 10(a).
11.The Secretary is authorized to prescribe
regulations necessary to implement this Act.
12.In this Act, the following definitions
apply:
(1)The term
adequate yearly progress
has the meaning given such term in a
State’s plan under section 1111(b)(2)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)).
(2)Administrative
tasks and outreachThe term administrative tasks and
outreach
includes costs and activities associated with—
(A)recruiting and
selecting students to attend eligible public charter schools;
(B)outreach to
parents of students enrolled in identified schools or schools with low
graduation rates;
(C)providing
information to such parents and school officials at such schools regarding
eligible public charter schools receiving subgrants under this Act; and
(D)necessary oversight of the grant
program.
(3)Authorized
public chartering agencyThe
term authorized public chartering agency
has the meaning given
such term under section 5210(4) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7221i(4)).
(4)The term
charter school
has the meaning given such term under section
5210(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7221i(1)) and shall include dual language charter schools and charter schools
providing pre-kindergarten and adult education services.
(5)The term developer
has the
meaning given such term under section 5210(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7221i(2))).
(6)The term eligible entity
means—
(A)a State
educational agency;
(B)an authorized
public chartering agency;
(C)a local
educational agency that has authorized or is planning to authorize a public
charter school; or
(D)an organization—
(i)described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3));
(ii)exempt from tax
under section 501(a) of such Code (26 U.S.C. 501(a)); and
(iii)that has an
organizational mission and record of success supporting the replication and
expansion of high-quality charter schools.
(7)Eligible public
charter schoolThe term
eligible public charter school
means a charter school, including
a charter school that is being developed by a developer—
(A)that has made
adequate yearly progress for the last 2 consecutive school years; and
(B)if a high school, that has met or exceeded
the most recent graduation rate identified by the State receiving a grant under
this Act for the purposes of defining adequate yearly progress in such State
under section 1111(b)(2)(C) the Elementary and Secondary Act of 1965 (20 U.S.C.
6311(b)(2)(C)).
(8)The term identified school
means a school
identified for school improvement, corrective action, or restructuring under
section 1116(b) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)).
(9)The term
local educational agency
—
(A)has the meaning
given such term in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801); and
(B)includes any
charter school that is a local educational agency (as defined in subparagraph
(A)), as determined by State law.
(10)The term
low-income student
means a student eligible for free or reduced
priced lunches under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.)
(11)The term
graduation rate
has the meaning given the term in section 1111
(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vi)), as clarified in section 200.19(b)(1) of title 34, Code of
Federal Regulations.
(12)The term school year
has the meaning given
such term in section 12(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(d)).
(13)The
tem Secretary
means the Secretary of Education.
(14)The
term State
means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the
Bureau of Indian Affairs for purposes of serving schools funded by the
Bureau.
(15)The term State educational
agency
has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(16)Traditional
public schoolThe term traditional public school
does not include charter schools as defined under section 5210(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(1)).
13.Authorization of
appropriationsThere are
authorized to be appropriated to carry out this Act $500,000,000 for fiscal
year 2010 and such sums as may be necessary for each of the 5 succeeding fiscal
years.