1.This Act may be cited as the
Empowering Parents through Quality
Charter Schools Act
.
2.Except as otherwise specifically provided,
whenever in this Act a section or other provision is amended or repealed, such
amendment or repeal shall be considered to be made to that section or other
provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.).
3.Section 5201 (20 U.S.C. 7221) is amended to read
as follows:
5201.It is the purpose of this subpart to—
(1)improve the United States education system
and educational opportunities for all Americans by supporting innovation in
public education in public school settings that prepare students to compete and
contribute to the global economy;
(2)provide financial
assistance for the planning, program design, and initial implementation of
charter schools;
(3)expand the number
of high-quality charter schools available to students across the Nation;
(4)evaluate the
impact of such schools on student achievement, families, and communities, and
share best practices between charter schools and other public schools;
(5)encourage States
to provide support to charter schools for facilities financing in an amount
more nearly commensurate to the amount the States have typically provided for
traditional public schools;
(6)improve student services to increase
opportunities for students with disabilities, limited English proficient
students, and other traditionally underserved students to attend charter
schools and meet challenging State academic achievement standards; and
(7)support efforts to strengthen the charter
school authorizing process to improve performance management, including
transparency, monitoring, and evaluation of such
schools.
.
4.Section 5202
(20 U.S.C.
7221a) is amended to read as follows:
5202.
(a)This subpart
authorizes the Secretary to carry out a charter school program that supports
charter schools that serve elementary school and secondary school students
by—
(1)supporting the
startup, replication, and expansion of charter schools;
(2)assisting charter
schools in accessing credit to acquire and renovate facilities for school use;
and
(3)carrying out national activities to
support—
(A)charter school
development;
(B)the dissemination
of best practices of charter schools for all schools; and
(C)the evaluation of
the impact of the program on schools participating in the program.
(b)From the amount made available under section 5211 for a
fiscal year, the Secretary shall—
(1)reserve 15 percent
to support charter school facilities assistance under section 5204;
(2)reserve not more
than 5 percent to carry out national activities under section 5205; and
(3)use the remaining
amount after the Secretary reserves funds under paragraphs (1) and (2) to carry
out section 5203.
(c)Prior grants and
subgrantsThe recipient of a
grant or subgrant under this subpart or subpart 2, as such subpart was in
effect on the day before the date of enactment of the Empowering Parents
through Quality Charter Schools Act, shall continue to receive funds in
accordance with the terms and conditions of such grant or
subgrant.
.
5.Grants to support
high-quality charter schoolsSection 5203 (20 U.S.C. 7221b) is amended to
read as follows:
5203.Grants to
support high-quality charter schools
(a)From the amount
reserved under section 5202(b)(3), the Secretary shall award grants to State
entities having applications approved pursuant to subsection (f) to enable such
entities to—
(1)award subgrants to
eligible applicants for—
(A)opening new
charter schools;
(B)opening
replicable, high-quality charter school models; or
(C)expanding
high-quality charter schools; and
(2)provide technical assistance to eligible
applicants and authorized public chartering agencies in carrying out the
activities described in paragraph (1) and work with authorized public
chartering agencies in the State to improve authorizing quality.
(b)
(1)A State entity receiving a grant under this section
shall—
(A)use 90 percent of the grant funds to award
subgrants to eligible applicants, in accordance with the quality charter school
program described in the entity’s application approved pursuant to subsection
(f), for the purposes described in subparagraphs (A) through (C) of subsection
(a)(1); and
(B)reserve 10 percent
of such funds to carry out the activities described in subsection (a)(2), of
which not more than 30 percent may be used for administrative costs which may
include technical assistance.
(2)A State entity may use
a grant received under this section to carry out the activities described in
subparagraphs (A) and (B) of paragraph (1) directly or through grants,
contracts, or cooperative agreements.
(c)Program periods;
peer review; grant number and amount; diversity of projects; waivers
(1)
(A)A grant awarded by the Secretary to a State
entity under this section shall be for a period of not more than 5
years.
(B)A
subgrant awarded by a State entity under this section shall be for a period of
not more than 5 years, of which an eligible applicant may use not more than 18
months for planning and program design.
(2)The Secretary, and
each State entity receiving a grant under this section, shall use a peer review
process to review applications for assistance under this section.
(3)The Secretary shall
ensure that the number of grants awarded under this section and the award
amounts will allow for a sufficient number of new grants to be awarded under
this section for each succeeding fiscal year.
(4)Each State entity receiving a grant under this section
shall award subgrants under this section in a manner that, to the extent
possible, ensures that such subgrants—
(A)are distributed
throughout different areas, including urban, suburban, and rural areas;
and
(B)will assist
charter schools representing a variety of educational approaches.
(5)The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises administrative
authority except any such requirement relating to the elements of a charter
school described in section 5210(1), if—
(A)the waiver is
requested in an approved application under this section; and
(B)the Secretary
determines that granting such a waiver will promote the purpose of this
subpart.
(d)
(1)A
State entity may not receive more than 1 grant under this section for a 5-year
period.
(2)An eligible applicant may not receive more
than 1 subgrant under this section per charter school for a 5-year period,
unless the eligible applicant demonstrates to the State entity not less than 3
years of improved educational results in the areas described in subparagraphs
(A) and (D) of section 5210(6) for students enrolled in such charter
school.
(e)A
State entity desiring to receive a grant under this section shall submit an
application to the Secretary at such time and in such manner as the Secretary
may require. The application shall include the following:
(1)A description of the
entity’s objectives in running a quality charter school program under this
section and how the objectives of the program will be carried out, including a
description—
(A)of how the
entity—
(i)will support both
new charter school startup and the expansion and replication of high-quality
charter school models;
(ii)will inform
eligible charter schools, developers, and authorized public chartering agencies
of the availability of funds under the program;
(iii)will work with eligible applicants to
ensure that the applicants access all Federal funds that they are eligible to
receive, and help the charter schools supported by the applicants and the
students attending the charter schools—
(I)participate in the
Federal programs in which the schools and students are eligible to participate;
and
(II)receive the
commensurate share of Federal funds the schools and students are eligible to
receive under such programs;
(iv)in the case in
which the entity is not a State educational agency—
(I)will work with the
State educational agency and the charter schools in the State to maximize
charter school participation in Federal and State programs for charter schools;
and
(II)will work with
the State educational agency to adequately operate the entity’s program under
this section, where applicable;
(v)will ensure
eligible applicants that receive a subgrant under the entity’s program are
prepared to continue to operate the charter schools receiving the subgrant
funds once the funds have expired;
(vi)will support
charter schools in local educational agencies with large numbers of schools
that must comply with the requirements of section 1116(b);
(vii)will work with charter schools to promote
inclusion of all students and support all students once they are enrolled to
promote retention;
(viii)will work with
charter schools on recruitment practices, including efforts to engage groups
that may otherwise have limited opportunities to participate in charter
schools;
(ix)will share best and promising practices
between charter schools and other public schools, including, where appropriate,
instruction and professional development in science, math, technology, and
engineering education;
(x)will ensure the charter schools they
support can meet the educational needs of their students, including students
with disabilities and limited English proficient students; and
(xi)will support
efforts to increase quality initiatives, including meeting the quality
authorizing elements described in paragraph (2)(E);
(B)of the extent to
which the entity—
(i)is
able to meet and carry out the priorities listed in subsection (f)(2);
and
(ii)is working to develop or strengthen a
cohesive statewide system to support the opening of new charter schools and
replicable, high-quality charter school models, and the expansion of
high-quality charter schools;
(C)of how the entity will carry out the
subgrant competition, including—
(i)a
description of the application each eligible applicant desiring to receive a
subgrant will submit, including—
(I)a description of
the roles and responsibilities of eligible applicants, partner organizations,
and management organizations, including the administrative and contractual
roles and responsibilities;
(II)a description of
the quality controls agreed to between the eligible applicant and the
authorized public chartering agency involved, such as a contract or performance
agreement, and how a school’s performance on the State’s academic
accountability system will be a primary factor for renewal; and
(III)a description of how the eligible applicant
will solicit and consider input from parents and other members of the community
on the implementation and operation of each charter school receiving funds
under the entity’s program; and
(ii)a
description of how the entity will review applications;
(D)in the case of an entity that partners with
an outside organization to carry out the entity’s quality charter school
program, in whole or in part, of the roles and responsibilities of this
partner;
(E)of how the entity will help the charter
schools receiving funds under the entity’s program consider the transportation
needs of the schools’ students; and
(F)of how the entity
will support diverse charter school models, including models that serve rural
communities.
(2)Assurances, including a description of how
the assurances will be met, that—
(A)each charter school receiving funds under
the entity’s program will have a high degree of autonomy over budget and
operations;
(B)the entity will support charter schools in
meeting the educational needs of their students as described in paragraph
(1)(A)(x);
(C)the entity will
ensure that the authorized public chartering agency of any charter school that
receives funds under the entity’s program—
(i)ensures that each charter school is meeting
the obligations under this Act, part B of the Individuals with Disabilities
Education Act, title VI of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title IX of
the Education Amendments of 1972;
(ii)adequately monitors and helps each charter
school in recruiting, enrolling, and meeting the needs of all students,
including students with disabilities and limited English proficient students;
and
(iii)ensures that each charter school solicits
and considers input from parents and other members of the community on the
implementation and operation of the school;
(D)the entity will
provide adequate technical assistance to eligible applicants to—
(i)meet the
objectives described in clauses (vii) and (viii) of paragraph (1)(A) and
paragraph (2)(B); and
(ii)enroll traditionally underserved students,
including students with disabilities and limited English proficient students,
to promote an inclusive education environment;
(E)the entity will promote quality
authorizing, such as through providing technical assistance, to support all
authorized public chartering agencies in the State to improve the monitoring of
their charter schools, including by—
(i)assessing annual performance data of the
schools, including, as appropriate, graduation rates and student growth;
and
(ii)reviewing the
schools’ independent, annual audits of financial statements conducted in
accordance with generally accepted accounting principles, and ensuring any such
audits are publically reported;
(F)the entity will
work to ensure that charter schools are included with the traditional public
school system in decision-making about the public school system in the State;
and
(G)the entity will ensure that each charter
school in the State make publicly available, consistent with the dissemination
requirements of the annual State report card, the information parents need to
make informed decisions about the educational options available to their
children, including information on the educational program, student support
services, and annual performance and enrollment data for the groups of students
described in section 1111(b)(2)(C)(v)(II).
(3)A request and
justification for waivers of any Federal statutory or regulatory provisions
that the entity believes are necessary for the successful operation of the
charter schools that will receive funds under the entity’s program under this
section, and a description of any State or local rules, generally applicable to
public schools, that will be waived, or otherwise not apply to such
schools.
(f)Selection
criteria; priority
(1)The Secretary shall
award grants to State entities under this section on the basis of the quality
of the applications submitted under subsection (e), after taking into
consideration—
(A)the degree of
flexibility afforded by the State’s public charter school law and how the
entity will work to maximize the flexibility provided to charter schools under
the law;
(B)the ambitiousness
of the entity’s objectives for the quality charter school program carried out
under this section;
(C)the quality of the
strategy for assessing achievement of those objectives;
(D)the likelihood
that the eligible applicants receiving subgrants under the program will meet
those objectives and improve educational results for students;
(E)the proposed
number of new charter schools to be opened, and the proposed number of
high-quality charter schools to be replicated or expanded under the
program;
(F)the entity’s plan
to—
(i)adequately monitor
the eligible applicants receiving subgrants under the entity’s program;
and
(ii)work with the
authorized public chartering agencies involved to avoid duplication of work for
the charter schools and authorized public chartering agencies;
(G)the entity’s plan
to provide adequate technical assistance, as described in the entity’s
application under subsection (e), for the eligible applicants receiving
subgrants under the entity’s program under this section;
(H)the entity’s plan
to support quality authorizing efforts in the State, consistent with the
objectives described in subparagraph (B); and
(I)the entity’s plan to solicit and consider
input from parents and other members of the community on the implementation and
operation of the charter schools in the State.
(2)In
awarding grants under this section, the Secretary shall give priority to State
entities to the extent that they meet the following criteria:
(A)In the case of a State entity located in a
State that allows an entity other than a local educational agency to be an
authorized public chartering agency, the State has a quality authorized public
chartering agency that is an entity other than a local educational
agency.
(B)The State entity
is located in a State that does not impose any limitation on the number or
percentage of charter schools that may exist or the number or percentage of
students that may attend charter schools in the State.
(C)The State entity
is located in a State that ensures equitable financing, as compared to
traditional public schools, for charter schools and students in a prompt
manner.
(D)The State entity
is located in a State that uses charter schools and best practices from charter
schools to help improve struggling schools and local educational
agencies.
(E)The State entity
partners with an organization that has a demonstrated record of success in
developing management organizations to support the development of charter
schools in the State.
(F)The State entity
demonstrates quality policies and practices to support and monitor charter
schools through factors including—
(i)the proportion of
high-quality charter schools in the State; and
(ii)the proportion of charter schools
enrolling, at a rate similar to traditional public schools, traditionally
underserved students, including students with disabilities and limited English
proficient students.
(G)The State entity supports charter schools
that support at-risk students through activities such as dropout prevention or
dropout recovery.
(H)The State entity
authorizes all charter schools in the State to serve as school food
authorities.
(g)An eligible applicant receiving a subgrant under this
section shall use such funds to open new charter schools or replicable,
high-quality charter school models, or expand existing high-quality charter
schools.
(h)Each State
entity receiving a grant under this section shall submit to the Secretary, at
the end of the third year of the 5-year grant period and at the end of such
grant period, a report on—
(1)the number of students served by each
subgrant awarded under this section and, if applicable, how many new students
were served during each year of the subgrant period;
(2)the number of
subgrants awarded under this section to carry out each of the following—
(A)the opening of new
charter schools;
(B)the opening of
replicable, high-quality charter school models; and
(C)the expansion of
high-quality charter schools;
(3)the progress the
entity made toward meeting the priorities described in subsection (f)(2), as
applicable;
(4)how the entity met
the objectives of the quality charter school program described in the entity’s
application under subsection (e);
(5)how the entity
complied with, and ensured that eligible applicants complied with, the
assurances described in the entity’s application; and
(6)how the entity worked with authorized
public chartering agencies, including how the agencies worked with the
management company or leadership of the schools that received subgrants under
this section.
(i)For purposes of this section, the term State
entity means—
(1)a State
educational agency;
(2)a State charter
school board; or
(3)a Governor of a
State.
.
6.Facilities
Financing AssistanceSection
5204 (20 U.S.C.
7221c) is amended to read as follows:
5204.Facilities
Financing Assistance
(a)Grants to
eligible entities
(1)From the amount
reserved under section 5202(b)(1), the Secretary shall award grants to eligible
entities that have the highest-quality applications approved under subsection
(d), after considering the diversity of such applications, to demonstrate
innovative methods of assisting charter schools to address the cost of
acquiring, constructing, and renovating facilities by enhancing the
availability of loans or bond financing.
(2)For purposes of this section, the term eligible
entity means—
(A)a public entity,
such as a State or local governmental entity;
(B)a private
nonprofit entity; or
(C)a consortium of
entities described in subparagraphs (A) and (B).
(b)The Secretary shall
evaluate each application submitted under subsection (d), and shall determine
whether the application is sufficient to merit approval.
(c)Grants under subsection (a) shall be of a
sufficient size, scope, and quality so as to ensure an effective demonstration
of an innovative means of enhancing credit for the financing of charter school
acquisition, construction, or renovation.
(d)
(1)To receive a grant under subsection (a), an eligible
entity shall submit to the Secretary an application in such form as the
Secretary may reasonably require.
(2)An
application submitted under paragraph (1) shall contain—
(A)a statement
identifying the activities proposed to be undertaken with funds received under
subsection (a), including how the eligible entity will determine which charter
schools will receive assistance, and how much and what types of assistance
charter schools will receive;
(B)a description of
the involvement of charter schools in the application’s development and the
design of the proposed activities;
(C)a description of
the eligible entity’s expertise in capital market financing;
(D)a description of
how the proposed activities will leverage the maximum amount of private-sector
financing capital relative to the amount of government funding used and
otherwise enhance credit available to charter schools, including how the entity
will offer a combination of rates and terms more favorable than the rates and
terms that a charter school could receive without assistance from the entity
under this section;
(E)a description of
how the eligible entity possesses sufficient expertise in education to evaluate
the likelihood of success of a charter school program for which facilities
financing is sought; and
(F)in the case of an
application submitted by a State governmental entity, a description of the
actions that the entity has taken, or will take, to ensure that charter schools
within the State receive the funding the charter schools need to have adequate
facilities.
(e)Charter school
objectivesAn eligible entity receiving a grant under this
section shall use the funds deposited in the reserve account established under
subsection (f) to assist one or more charter schools to access private sector
capital to accomplish one or both of the following objectives:
(1)The acquisition
(by purchase, lease, donation, or otherwise) of an interest (including an
interest held by a third party for the benefit of a charter school) in improved
or unimproved real property that is necessary to commence or continue the
operation of a charter school.
(2)The construction
of new facilities, including predevelopment costs, or the renovation, repair,
or alteration of existing facilities, necessary to commence or continue the
operation of a charter school.
(f)
(1)To assist charter
schools to accomplish the objectives described in subsection (e), an eligible
entity receiving a grant under subsection (a) shall, in accordance with State
and local law, directly or indirectly, alone or in collaboration with others,
deposit the funds received under subsection (a) (other than funds used for
administrative costs in accordance with subsection (g)) in a reserve account
established and maintained by the eligible entity for this purpose. Amounts
deposited in such account shall be used by the eligible entity for one or more
of the following purposes:
(A)Guaranteeing,
insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests
therein, the proceeds of which are used for an objective described in
subsection (e).
(B)Guaranteeing and
insuring leases of personal and real property for an objective described in
subsection (e).
(C)Facilitating
financing by identifying potential lending sources, encouraging private
lending, and other similar activities that directly promote lending to, or for
the benefit of, charter schools.
(D)Facilitating the
issuance of bonds by charter schools, or by other public entities for the
benefit of charter schools, by providing technical, administrative, and other
appropriate assistance (including the recruitment of bond counsel,
underwriters, and potential investors and the consolidation of multiple charter
school projects within a single bond issue).
(2)Funds
received under this section and deposited in the reserve account established
under paragraph (1) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk securities.
(3)Any earnings on funds received under subsection (a)
shall be deposited in the reserve account established under paragraph (1) and
used in accordance with such paragraph.
(g)Limitation on
administrative costsAn eligible entity may use not more than 2.5
percent of the funds received under subsection (a) for the administrative costs
of carrying out its responsibilities under this section (excluding subsection
(k)).
(h)
(1)Financial Record
Maintenance and AuditThe financial records of each eligible
entity receiving a grant under subsection (a) shall be maintained in accordance
with generally accepted accounting principles and shall be subject to an annual
audit by an independent public accountant.
(2)
(A)Each eligible entity
receiving a grant under subsection (a) annually shall submit to the Secretary a
report of its operations and activities under this section.
(B)Each
annual report submitted under subparagraph (A) shall include—
(i)a
copy of the most recent financial statements, and any accompanying opinion on
such statements, prepared by the independent public accountant reviewing the
financial records of the eligible entity;
(ii)a
copy of any report made on an audit of the financial records of the eligible
entity that was conducted under paragraph (1) during the reporting
period;
(iii)an evaluation by
the eligible entity of the effectiveness of its use of the Federal funds
provided under subsection (a) in leveraging private funds;
(iv)a
listing and description of the charter schools served during the reporting
period, including the amount of funds used by each school, the type of project
facilitated by the grant, and the type of assistance provided to the charter
schools;
(v)a
description of the activities carried out by the eligible entity to assist
charter schools in meeting the objectives set forth in subsection (e);
and
(vi)a
description of the characteristics of lenders and other financial institutions
participating in the activities undertaken by the eligible entity under this
section (excluding subsection (k)) during the reporting period.
(C)The Secretary shall
review the reports submitted under subparagraph (A) and shall provide a
comprehensive annual report to Congress on the activities conducted under this
section (excluding subsection (k)).
(i)No full faith
and credit for grantee obligationNo financial obligation of an eligible
entity entered into pursuant to this section (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or
guaranteed in any respect by, the United States. The full faith and credit of
the United States is not pledged to the payment of funds which may be required
to be paid under any obligation made by an eligible entity pursuant to any
provision of this section.
(j)
(1)The Secretary, in accordance with
chapter 37 of title 31,
United States Code, shall collect—
(A)all of the funds
in a reserve account established by an eligible entity under subsection (f)(1)
if the Secretary determines, not earlier than 2 years after the date on which
the eligible entity first received funds under this section (excluding
subsection (k)), that the eligible entity has failed to make substantial
progress in carrying out the purposes described in subsection (f)(1); or
(B)all or a portion
of the funds in a reserve account established by an eligible entity under
subsection (f)(1) if the Secretary determines that the eligible entity has
permanently ceased to use all or a portion of the funds in such account to
accomplish any purpose described in subsection (f)(1).
(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 one or more of the purposes described in subsection
(f)(1).
(3)The provisions of sections 451, 452, and 458 of the
General Education Provisions Act 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.
(k)Per-pupil
facilities aid program
(1)Definition of
per-pupil facilities aid programIn this subsection, the term
per-pupil facilities aid program means a program in which a State
makes payments, on a per-pupil basis, to charter schools to provide the schools
with financing—
(A)that is dedicated
solely for funding charter school facilities; or
(B)a portion of which
is dedicated for funding charter school facilities.
(2)
(A)From the amount reserved under section 5202(b)(1)
remaining after the Secretary makes grants under subsection (a), the Secretary
shall make grants, on a competitive basis, to States to pay for the Federal
share of the cost of establishing or enhancing, and administering per-pupil
facilities aid programs.
(B)The
Secretary shall award grants under this subsection for periods of not more than
5 years.
(C)The Federal share of the cost described in subparagraph (A)
for a per-pupil facilities aid program shall be not more than—
(i)90 percent of the
cost, for the first fiscal year for which the program receives assistance under
this subsection;
(ii)80 percent in the
second such year;
(iii)60 percent in
the third such year;
(iv)40 percent in the
fourth such year; and
(v)20 percent in the
fifth such year.
(D)A State receiving a
grant under this subsection may partner with 1 or more organizations to provide
up to 50 percent of the State share of the cost of establishing or enhancing,
and administering the per-pupil facilities aid program.
(E)A State may receive more than 1 grant under this
subsection, so long as the amount of such funds provided to charter schools
increases with each successive grant.
(3)
(A)A State that receives a grant under this subsection shall
use the funds made available through the grant to establish or enhance, and
administer, a per-pupil facilities aid program for charter schools in the State
of the applicant.
(B)Evaluations;
technical assistance; disseminationFrom the amount made
available to a State through a grant under this subsection for a fiscal year,
the State may reserve not more than 5 percent to carry out evaluations, to
provide technical assistance, and to disseminate information.
(C)Funds made available under this subsection shall be used
to supplement, and not supplant, State, and local public funds expended to
provide per pupil facilities aid programs, operations financing programs, or
other programs, for charter schools.
(4)
(A)No State may be required to participate in a
program carried out under this subsection.
(B)
(i)Except as provided in
clause (ii), to be eligible to receive a grant under this subsection, a State
shall establish or enhance, and administer, a per-pupil facilities aid program
for charter schools in the State, that—
(I)is specified in
State law; and
(II)provides annual
financing, on a per-pupil basis, for charter school facilities.
(ii)Notwithstanding clause
(i), a State that is required under State law to provide its charter schools
with access to adequate facility space, but which does not have a per-pupil
facilities aid program for charter schools specified in State law, may be
eligible to receive a grant under this subsection if the State agrees to use
the funds to develop a per-pupil facilities aid program consistent with the
requirements of this subsection.
(5)To
be eligible to receive a grant under this subsection, a State shall submit an
application to the Secretary at such time, in such manner, and containing such
information as the Secretary may
require.
.
7.Section 5205
(20 U.S.C.
7221d) is amended to read as follows:
5205.
(a)From the amount
reserved under section 5202(b)(2), the Secretary shall—
(1)use not less than
50 percent of such funds to award grants in accordance with subsection (b);
and
(2)use the remainder
of such funds to—
(A)disseminate technical assistance to State
entities in awarding subgrants under section 5203, and eligible entities and
States receiving grants under section 5204;
(B)disseminate best
practices; and
(C)evaluate the
impact of the charter school program, including the impact on student
achievement, carried out under this subpart.
(b)
(1)The Secretary shall make grants, on a competitive basis,
to eligible applicants for the purpose of carrying out the activities described
in section 5202(a)(1), subparagraphs (A) through (C) of section 5203(a)(1), and
section 5203(g).
(2)Except as otherwise provided in this subsection,
grants awarded under this subsection shall have the same terms and conditions
as grants awarded to State entities under section 5203.
(3)Eligible
applicant definedFor purposes of this subsection, the term
eligible applicant means an eligible applicant that desires to
open a charter school in—
(A)a State that did
not apply for a grant under section 5203;
(B)a State that did
not receive a grant under section 5203; or
(C)a State that
received a grant under section 5203 and is in the 4th or 5th year of the grant
period for such grant.
(c)The Secretary may
carry out any of the activities described in this section directly or through
grants, contracts, or cooperative
agreements.
.
8.Section 5208
(20 U.S.C.
7221g) is amended—
(1)by inserting
as quickly as possible and
before to the extent
practicable
; and
(2)by striking
section 602
and inserting section 602(14)
.
9.Section 5210 (20 U.S.C. 7221i) is
amended—
(1)in paragraph
(1)—
(A)by striking
and
at the end of subparagraph (K);
(B)by striking the
period at the end of subparagraph (L) and inserting ; and
;
and
(C)by adding at the
end, the following:
(M)may serve prekindergarten or post secondary
students.
;
(2)in paragraph
(3)(B), by striking under section 5203(d)(3)
; and
(3)by adding at the
end the following:
(5)Expansion of a
high-quality charter schoolThe term expansion of a high-quality
charter school means a high-quality charter school that either
significantly increases its enrollment or adds one or more grades to its
school.
(6)High-quality
charter schoolThe term high-quality charter school
means a charter school that—
(A)shows evidence of
strong academic results, which may include strong academic growth as determined
by a State;
(B)has no significant
issues in the areas of student safety, financial management, or statutory or
regulatory compliance;
(C)has demonstrated success in significantly
increasing student academic achievement and attainment for all students served
by charter schools; and
(D)has demonstrated
success in increasing student academic achievement for the groups of students
described in section 1111(b)(2)(C)(v)(II).
(7)Replicable,
high-quality charter school modelThe term replicable, high-quality
charter school model means a high-quality charter school that will open
a new campus under an existing
charter.
.
10.Authorization of
appropriationsSection 5211
(20 U.S.C.
7221j) is amended to read as follows:
5211.Authorization
of appropriationsThere are
authorized to be appropriated to carry out this subpart $300,000,000 for fiscal
year 2012 and each of the 5 succeeding fiscal
years.
.
11.
(a)Subpart 2 of part B of title V
(20 U.S.C. 7223 et
seq.) is repealed.
(b)The table of contents in section 2 is amended—
(1)by striking the
item relating to section 5203 and inserting the following:
Sec. 5203. Grants to support high-quality
charter
schools.
;
(2)by striking the
item relating to section 5204 and inserting the following:
Sec. 5204. Facilities Financing
Assistance.
;
and
(3)by striking subpart 2 of part B of title
V.
Passed the House of
Representatives September 13, 2011.
Karen L. Haas,
Clerk.