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whenever in this Act a section or other provision is amended or repealed, such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)provide financial
assistance for the planning, program design, and initial implementation of
charter schools;
(2)expand the number
of high-quality charter schools available to students across the Nation;
(3)evaluate the
impact of such schools on student achievement, families, and communities, and
share best practices between charter schools and other public schools;
(4)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;
(5)improve student services to increase
opportunities for students who are children with disabilities, English language
learners, and other traditionally underserved students to attend charter
schools and meet challenging State academic achievement standards; and
(6)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)The Secretary is
authorized 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, 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)In this section:
(1)Charter
management organizationThe term charter management
organization means a nonprofit organization that operates, manages, or
oversees multiple charter schools by centralizing or sharing certain functions
and resources among schools, or a group or consortium of such
organizations.
(2)The term eligible entity means—
(A)a State
entity;
(B)an authorized
public chartering agency;
(C)a local
educational agency; or
(D)a charter
management organization.
(3)The term State entity means—
(A)a State
educational agency;
(B)a State charter
school board; or
(C)a Governor of a
State.
(b)From the amount
reserved under section 5202(b)(3), the Secretary shall award grants, on a
competitive basis, to eligible entities to enable—
(1)eligible entities
described in subparagraph (A), (B), or (C) of subsection (a)(2) to—
(A)award subgrants
to eligible applicants—
(i)to
open new charter schools;
(ii)to open
replicable, high-quality charter school models; or
(iii)to expand
high-quality charter schools; and
(B)provide technical assistance to eligible
applicants and authorized public chartering agencies in carrying out the
activities described in subparagraph (A) and work with authorized public
chartering agencies in the State to improve authorizing quality; or
(2)eligible entities described in subparagraph
(B), (C), or (D) of subsection (a)(2) to open new charter schools or replicable
high-quality charter school models or to expand high-quality charter
schools.
(c)
(1)Special rule for
subgranting entitiesAn eligible entity receiving a grant under
subsection (b)(1) shall—
(A)use 90 percent of the grant funds to carry
out subsection (b)(1)(A), in accordance with the quality charter school program
described in the entity’s application approved pursuant to
subsection (g); and
(B)reserve 10 percent
of such funds to carry out the activities described in
subsection (b)(1)(B), of which not
more than 30 percent may be used for administrative costs which may include
technical assistance.
(2)An eligible entity may
use a grant received under this section to carry out the activities described
in subsection (b) directly or through grants, contracts, or cooperative
agreements.
(d)Program periods;
peer review; diversity of projects
(1)
(A)A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of 5 years.
(B)A
subgrant awarded by an eligible 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 eligible entity awarding subgrants under this section, shall use a peer
review process to review applications for assistance under this section.
(3)Each eligible entity awarding subgrants under this
section shall award subgrants in a manner that, to the extent practicable and
applicable, 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.
(e)
(1)An
eligible entity may not receive more than 1 grant under this section for a
5-year period, unless the eligible entity demonstrates to the Secretary that,
for each charter school supported under the first grant, the education results,
in the areas described in subparagraphs (A) and (D) of section 5210(6), for the
students enrolled in the charter school have improved for not less than 3
consecutive years during the grant period.
(2)An
eligible applicant may not receive more than 1 subgrant under this section per
charter school for a 5-year period.
(f)An
eligible 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)a description of
how the entity will—
(i)support both new
charter school startup and the expansion and replication of high-quality
charter school models;
(ii)will work with charter schools to promote
inclusion of all students and support all students once they are enrolled to
promote retention;
(iii)will work with
charter schools on recruitment practices, including efforts to engage groups
that may otherwise have limited opportunities to participate in charter
schools;
(iv)will share best
and promising practices between charter schools and other public
schools;
(v)will ensure the
charter schools the eligible entity supports can meet the educational needs of
their students, including students who are children with disabilities and
English language learners; and
(vi)will support
efforts to increase quality initiatives, including meeting the quality
authorizing elements described in
paragraph
(2)(D)(ii);
(B)in the case of
any eligible entity that will be awarding subgrants under subsection (b)(1)(A),
a description of how the entity—
(i)will inform
eligible charter schools, developers, authorized public chartering agencies,
and other entities of the availability of funds under the program;
(ii)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;
(iii)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;
(iv)will support
charter schools in local educational agencies with large numbers of schools
that are required to comply with the requirements of section 1116(b);
and
(v)will carry out the subgrant competition,
including—
(I)a description of
the application each eligible applicant desiring to receive a subgrant will
submit, which application shall include—
- (aa)a
description of the roles and responsibilities of eligible applicants, partner
organizations, and management organizations, including the administrative and
contractual roles and responsibilities; and
- (bb)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
(II)a description of
how the entity will review applications;
(C)except in the case
of an eligible entity described in subsection (a)(3)(A), a description of how
the entity—
(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;
(D)in the case of an
eligible entity that is a State entity, a description of the extent to which
the entity—
(i)is
able to meet and carry out the priorities described in
subsection (g)(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 expanding high-quality
charter schools; and
(E)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.
(2)Assurances, including a description of how
the assurances will be met, that—
(A)the eligible
entity, if awarding subgrants, will—
(i)consider
applications from eligible charter schools, authorized public chartering
agencies, charter management organizations, and other entities as applicable
under State law; and
(ii)provide adequate
technical assistance to eligible applicants to—
(I)meet the
objectives described in clauses (ii) and (iii) of
paragraph (1)(A) and
subparagraph (B); and
(II)enroll
traditionally underserved students, including students who are children with
disabilities and English language learners, to promote an inclusive education
environment;
(B)each charter school receiving funds under
the entity’s program will have a high degree of autonomy over budget and
operations;
(C)the entity will support charter schools in
meeting the educational needs of their students as described in
paragraph
(1)(A)(v);
(D)in the case of an
eligible entity that is a State entity—
(i)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 the
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, and section 504 of the Rehabilitation Act of 1973; and
(II)adequately
monitors and helps the schools in recruiting, enrolling, and meeting the needs
of all students, including students who are children with disabilities and
English language learners; and
(ii)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)using annual
performance data, which may include graduation rates and student growth data,
as appropriate, to measure the progress of their schools toward becoming
high-quality charter schools; 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.
(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.
(g)Selection
criteria; priority
(1)The Secretary shall
award grants to eligible entities under this section on the basis of the
quality of the applications submitted under
subsection (f), after taking into
consideration—
(A)the degree of
flexibility afforded by the State’s public charter school law and, in the case
of an eligible entity described in subsection (a)(2)(A), how the entity will
work to maximize the flexibility provided to charter schools under the
law;
(B)the quality of the
strategy for assessing achievement of the entity's objectives under subsection
(f)(1);
(C)the likelihood
that the eligible entity, and any eligible applicants receiving subgrants from
the eligible entity, will meet those objectives and improve educational results
for students;
(D)the proposed
number of new charter schools to be opened, and the number of high-quality
charter schools to be replicated or expanded under the program;
(E)in the case of an
eligible entity awarding subgrants under subsection (b)(1)(A), the entity’s
plan to—
(i)adequately monitor
the eligible applicants receiving subgrants under the entity’s program;
(ii)work with the
authorized public chartering agencies involved to avoid duplication of work for
the charter schools and authorized public chartering agencies; and
(iii)provide adequate
technical assistance, as described in the entity’s application under
subsection (f), for the eligible
applicants receiving subgrants under the entity’s program; and
(F)the entity’s plan
to support quality authorizing efforts in the State, consistent with the
objectives under subsection (f)(1).
(2)In
selecting State entities to receive a portion of the grants awarded under this
section, the Secretary shall give priority to State entities to the extent that
they meet the following criteria:
(A)In the case in which a State entity is
located in a State that allows an entity other than the State educational
agency to be an authorized public chartering agency or a State in which only a
local educational agency may be an authorized public chartering agency, the
State has an appeals process for the denial of an application for a charter
school.
(B)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.
(C)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.
(D)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.
(E)The State entity
supports charter schools that support at-risk students through activities such
as dropout prevention or dropout recovery.
(h)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.
(i)Each eligible
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 and, if applicable, how many new students were served during
each year of the grant period;
(2)in the case of an
eligible entity awarding subgrants under subsection (b)(1)(A), 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)in the case of an
eligible entity receiving a grant under subsection (b)(2), the number of new
charter schools opened, the number of replicable high-quality charter school
models opened, and the number of high-quality charter schools expanded under
the grant;
(4)in the case of a
State entity, the progress the State entity made toward meeting the priorities
described in
subsection (g)(2), as
applicable;
(5)how the entity met
the objectives of the quality charter school program described in the entity’s
application under
subsection (f);
(6)how the entity
complied with, and, if applicable, ensured that eligible applicants complied
with, the assurances described in the entity’s application; and
(7)how the entity
worked with authorized public chartering agencies, including how the agencies
worked with the management company or leadership of the schools in which the
subgrants were awarded, if
applicable.
.
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 not less than 3 grants to eligible entities that have
applications approved under
subsection (d) 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)
(1)Evaluation of
applicationThe Secretary shall evaluate each application
submitted under
subsection
(d), and shall determine whether the application is sufficient
to merit approval.
(2)The Secretary shall award not less than one grant to an
eligible entity described in
subsection (a)(2)(A), not less than one
grant to an eligible entity described in subsection (a)(2)(B), and not less than
one grant to an eligible entity described in subsection (a)(2)(C), if
applications are submitted that permit the Secretary to do so without approving
an application that is not of sufficient quality 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 subsection.
(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 such
subsection; 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
such subsection.
(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)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)A State that is required under State law to provide its
charter schools with access to adequate facility space 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(b)(1)(A);
(B)disseminate best
practices regarding public charter schools; and
(C)evaluate the
impact of the charter school program, including the impact on student
achievement, carried out under this subpart.
(b)
(1)From the amounts described in subsection (a)(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) and
section 5203(b).
(2)Except as otherwise provided in this subsection,
grants awarded under this subsection shall have the same terms and conditions
as grants awarded 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 State that—
(A)did not apply for
a grant under section 5203;
(B)did not receive a
grant under section 5203; or
(C)received a grant
under section 5203 and is in the fourth or fifth 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 by inserting as quickly as possible and
before to the extent practicable
.
9.Section 5210 (20 U.S.C. 7221i) is
amended—
(1)in paragraph
(1)—
(A)in subparagraph
(K), by striking and
at the end;
(B)in subparagraph
(L), by striking the period at the end and inserting ; and
;
and
(C)by adding at the
end, the following:
(M)may serve prekindergarten or postsecondary
students.
;
(2)in paragraph (3),
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;
(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 subgroups 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.
;
and(2)by striking the
item relating to section 5204 and inserting the following:
Sec. 5204. Facilities financing
assistance.
.