1.This Act may be cited as the
All Students Achieving through Reform
Act of 2011
or All-STAR Act of 2011
.
2.Charter school expansion and
replication
(a)Subpart 1 of part B of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221 et seq.) is
amended—
(1)by striking section 5211;
(2)by redesignating section 5210 as section
5211; and
(3)by inserting after section 5209 the
following:
5210.Charter
school expansion and replication
(a)It is the purpose of this section 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.
(b)Support for proven charter schools and
increasing the supply of high-Quality charter schools
(1)From the amounts appropriated under section
5200 for any fiscal year, the Secretary shall award grants, on a competitive
basis, to eligible entities to enable the eligible entities to make subgrants
to eligible public charter schools under subsection (e)(1) and carry out the
other activities described in subsection (e), in order to allow the eligible
public charter schools to serve additional students through the expansion and
replication of such schools.
(2)In determining the grant amount to be
awarded under this subsection to an eligible entity, the Secretary shall
consider—
(A)the number of eligible public charter
schools under the jurisdiction or in the service area of the eligible entity
that are operating;
(B)the number of openings for new students
that could be created in such schools with such grant;
(C)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 or in the service area of the eligible entity, and other
information with respect to charter schools in such jurisdiction or service
area that suggest the interest of parents in charter school enrollment for
their children;
(D)the number of students attending identified
schools or schools with a low graduation rate in the State or area where an
eligible entity intends to replicate or expand eligible public charter schools;
and
(E)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 section.
(3)A grant under this section shall be for a
period of not more than 3 years, except that an eligible entity receiving such
grant may, at the discretion of the Secretary, continue to expend grant funds
after the end of the grant period. An eligible entity that has received a grant
under this section may receive subsequent grants under this section.
(c)
(1)To be considered for a grant under this
section, 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.
(2)The application described in paragraph (1)
shall include, at a minimum, the following:
(A)Documentation of the record of success of
the eligible entity in overseeing or operating public charter schools,
including—
(i)the performance of the students of such
public charter schools on the student academic assessments described in section
1111(b)(3) of the State where such school is located (including a measurement
of the students' average academic longitudinal growth at each such school, if
such measurement is required by a Federal or State law applicable to the
entity), disaggregated by—
(I)economic disadvantage;
(II)race and ethnicity;
(III)disability status; and
(IV)status as a student with limited English
proficiency;
(ii)the status of such schools under section
1116 in making adequate yearly progress or as identified schools;
(iii)documentation of demonstrated success by
such public charter schools in closing historic achievement gaps between groups
of students; and
(iv)in the case of such public charter schools
that are secondary schools, the graduation rates and rates of student
acceptance, enrollment, and persistence in institutions of higher education,
where possible.
(B)A plan for—
(i)replicating and expanding eligible public
charter schools operated or overseen by the eligible entity;
(ii)identifying eligible public charter
schools, or networks of eligible public charter schools, to receive subgrants
under this section;
(iii)increasing the number of openings in
eligible public charter schools for students attending identified schools and
schools with a low graduation rate;
(iv)ensuring that eligible public charter
schools receiving a subgrant under this section 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;
(II)siblings of students enrolled in the
charter school, if such siblings desire to enroll in such grade; and
(III)children of the charter school's founders,
staff, or employees;
(v)(I)in the case of an eligible entity described
in subparagraph (A) or (C) of subsection (k)(4), the manner in which the
eligible entity will work with identified schools and schools with a low
graduation rate that are eligible to enroll students in a public charter school
receiving a subgrant under this section and that are under the eligible
entity's jurisdiction, and the local educational agencies serving such schools,
to—
- (aa)engage in community outreach, provide
information in a language that the parents can understand, and communicate with
parents of students at identified schools and schools with a low graduation
rate who are eligible to attend a public charter school receiving a subgrant
under this section about the opportunity to enroll in or transfer to 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
); and
- (bb)ensure that a student can transfer to an
eligible public charter school if the public charter school such student was
attending in the previous school year is no longer an eligible public charter
school; and
(II)in the case of an eligible entity described
in subparagraph (B) or (D) of subsection (k)(4), the manner in which the
eligible entity will work with the local educational agency to carry out the
activities described in items (aa) and (bb) of subclause (I);
(vi)disseminating to public schools under the
jurisdiction or in the service area of the eligible entity, 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
),
the best practices, programs, or strategies learned by awarding subgrants to
eligible public charter schools under this section, with particular emphasis on
the best practices with respect to—
(I)focusing on closing the achievement gap;
or
(II)successfully addressing the education needs
of low-income students; and
(vii)in the case of
an eligible entity described in subsection (k)(4)(D)—
(I)supporting the
short-term and long-term success of the proposed project, by—
- (aa)developing a
multi-year financial and operating model for the eligible entity; and
- (bb)including, with
the plan, evidence of the demonstrated commitment of current partners, as of
the time of the application, for the proposed project and of broad support from
stakeholders critical to the project's long-term success;
(II)closing public
charter schools that do not meet acceptable standards of performance;
and
(III)achieving the
objectives of the proposed project on time and within budget, which shall
include the use of clearly defined responsibilities, timelines, and milestones
for accomplishing project tasks.
(C)Charter school informationThe number of—
(i)eligible public charter schools that are
operating in the State in which the eligible entity intends to award subgrants
under this section;
(ii)public charter schools approved to open or
likely to open during the grant period in such State;
(iii)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;
(iv)students on public charter school waiting
lists (if such lists are available) in—
(I)the State in which the eligible entity
intends to award subgrants under this section; and
(II)each local educational agency serving an
eligible public charter school that may receive a subgrant under this section
from the eligible entity; and
(v)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 section from the eligible entity.
(D)Traditional public school
informationIn the case of an
eligible entity described in subparagraph (A) or (C) of subsection (k)(4), a
list of the following schools under the jurisdiction of the eligible entity,
including the name and location of each such school, the number and percentage
of students under the jurisdiction of the eligible entity who are attending
such school, and such demographic and socioeconomic information as the
Secretary may require:
(i)Identified schools.
(ii)Schools with a low graduation rate.
(E)In the case of an eligible entity described
in subsection (k)(4)(A), an assurance that the eligible entity will include in
the notifications provided under section 1116(c)(6) to parents of each student
enrolled in a school served by a local educational agency identified for school
improvement or corrective action under paragraph (1) or (7) of section 1116(c),
information (in a language that the parents can understand) about the eligible
public charter schools receiving subgrants under this section.
(3)The Secretary may modify or waive any
information requirement under paragraph (2)(C) for an eligible entity that
demonstrates that the eligible entity cannot reasonably obtain the
information.
(d)Priorities for awarding grants
(1)In awarding grants under this section, the
Secretary shall give priority to an eligible entity that—
(A)serves or plans to serve a large percentage
of low-income students from identified schools or public schools with a low
graduation rate;
(B)oversees or plans to oversee one or more
eligible public charter schools;
(C)provides evidence of effective monitoring
of the academic success of students who attend public charter schools under the
jurisdiction of the eligible entity;
(D)has established
goals, objectives, and outcomes for the proposed project that are clearly
specified, measurable, and attainable;
(E)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); and
(F)is under the jurisdiction of, or plans to
award subgrants under this section in, a State that—
(i)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;
(ii)does not have a cap that restricts the
growth of public charter schools in the State;
(iii)provides funding (such as capital aid
distributed through a formula or access to revenue generated bonds, and
including funding for school facilities) on a per-pupil basis to public charter
schools commensurate with the amount of funding (including funding for school
facilities) provided to traditional public schools;
(iv)provides strong evidence of support for
public charter schools and has in place innovative policies that support
academically successful charter school growth;
(v)authorizes public charter schools to offer
early childhood education programs, including prekindergarten, in accordance
with State law;
(vi)authorizes or
allows public charter schools to serve as school food authorities;
(vii)ensures that each public charter school in
the State—
(I)has a high degree of autonomy over the
public charter school’s budget and expenditures;
(II)has a written performance contract with an
authorized public chartering agency that ensures that the school has an
independent governing board with a high degree of autonomy; and
(III)in the case of an eligible public charter
school receiving a subgrant under this section, amends its charter to reflect
the growth activities described in subsection (e);
(viii)has an appeals process for the denial of an
application for a public charter school;
(ix)provides that an authorized public
chartering agency that is not a local educational agency, such as a State
chartering board, is available for each individual or entity seeking to operate
a public charter school pursuant to such State law;
(x)allows any public charter school to be a
local educational agency in accordance with State law;
(xi)ensures that each authorized public
chartering agency in the State submits annual reports to the State educational
agency, and makes such reports available to the public, on the performance of
the schools authorized or approved by such public chartering agency, which
reports shall include—
(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 how
such policies examine a school’s—
- (aa)financial plan and policies, including
financial controls and audit requirements;
- (bb)plan for identifying and successfully (in
compliance with all 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
- (cc)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
and any record of such individuals operating a school;
(III)the authorized public chartering agency’s
policies for renewing, not renewing, and revoking a public charter school's
charter, including the role of student academic achievement in such
decisions;
(IV)the authorized public chartering agency’s
transparent, timely, and effective process for closing down academically
unsuccessful public 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) for such school;
(VI)the status of the authorized public
chartering agency’s charter school portfolio, by identifying all charter
schools served by the public chartering agency in each of the following
categories: approved (but not yet open), operating, renewed, transferred,
revoked, not renewed, voluntarily closed, or never opened;
(VII)the authorizing
functions provided by the authorized public chartering agency to the public
charter schools under its purview, including such agency's operating costs and
expenses as detailed through annual auditing of financial statements that
conform with general accepted accounting principles; and
(VIII)the services purchased (such as accounting,
transportation, and data management and analysis) from the authorized public
chartering agency by the public charter schools authorized or approved by such
agency, including an itemized accounting of the actual costs of such services;
and
(xii)has or will have (within 1 year after
receiving a grant under this section) 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 public charter schools, including a process that enables the
authorized public chartering agencies to respond to any State concerns;
and
(II)any other necessary policies to ensure
effective charter school authorizing in the State in accordance with the
principles of quality charter school authorizing, as determined by the State in
consultation with the charter school community and stakeholders.
(2)In awarding grants under this section, the
Secretary may determine how the priorities described in paragraph (1) will
apply to the different types of eligible entities defined in subsection
(k)(4).
(e)An eligible entity receiving a grant under
this section shall 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 subsection shall submit an application to the
eligible entity at such time, in such manner, and containing such information
as the eligible entity may require.
(C)An eligible public charter school receiving
a subgrant under this subsection shall use the subgrant funds to provide for an
increase in the school’s enrollment of students through the replication or
expansion of the school, which may include use of funds to—
(i)support the physical expansion of school
buildings, including financing the development of new buildings and campuses to
meet increased enrollment needs;
(ii)pay costs associated with hiring additional
teachers to serve additional students;
(iii)provide transportation to additional
students to and from the school, including providing transportation to students
who transfer to the school under a cooperative agreement established under
section 1116(b)(11);
(iv)purchase instructional materials, implement
teacher and principal professional development programs, and hire additional
non-teaching staff; and
(v)support any necessary activities associated
with the school carrying out the purposes of this section.
(D)In awarding subgrants under this
subsection, an eligible entity shall give priority to an eligible public
charter school—
(i)that has significantly closed any
achievement gap on the State academic assessments described in section
1111(b)(3) among the groups of students described in section 1111(b)(2)(C)(v)
by improving scores;
(ii)that—
(I)- (aa)ranks in at least the top 25th percentile
of the schools in the State, as ranked by the percentage of students in the
proficient or advanced level of achievement on the State academic assessments
in mathematics and reading or language arts described in section 1111(b)(3);
or
- (bb)has an average student score on an
examination (chosen by the Secretary) that is at least in the 60th percentile
in reading and at least in the 75th percentile in mathematics; and
(II)serves a high-need student population and
is eligible to participate in a schoolwide program under section 1114, with
additional priority given to schools that serve, as compared to other schools
that have submitted an application under this subsection—
- (aa)a greater percentage of low-income
students; and
- (bb)a greater percentage of not less than 2
groups of students described in section 1111(b)(2)(C)(v)(II); and
(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).
(E)A subgrant under this subsection shall be
awarded for a period of not more than 3 years, except that an eligible public
charter school receiving a subgrant under this subsection may, at the
discretion of the eligible entity, continue to expend subgrant funds after the
end of the subgrant period.
(2)Facility financing and revolving loan
fundAn eligible entity may
use not more than 25 percent of the amount of the grant funds received under
this section to establish a reserve account described in subsection (f) to
facilitate public charter school facility acquisition and development
by—
(A)conducting credit enhancement initiatives
(as referred to in subpart 2) 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 this subsection
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 this subsection 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 of the
Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702)) or other mission-based financial institutions to carry out the
activities described in subparagraphs (A), (B), and (C).
(3)Administrative tasks, dissemination
activities, and outreach
(A)An eligible entity may use not more than
7.5 percent of the grant funds awarded under this section to cover
administrative tasks, dissemination activities, and outreach.
(B)In carrying out the administrative tasks,
dissemination activities, and outreach described in subparagraph (A), an
eligible entity 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)).
(f)
(1)To assist eligible entities in the
development of new public charter school buildings or facilities for eligible
public charter schools, an eligible entity receiving a grant under this section
may, in accordance with State and local law, directly or indirectly, alone or
in collaboration with others, deposit the amount of funds described in
subsection (e)(2) in a reserve account established and maintained by the
eligible entity.
(2)Funds received under this section and
deposited in the reserve account established under this subsection 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 this
subsection shall be deposited in the reserve account established under this
section and used in accordance with the purpose described in subsection
(a).
(4)
(A)The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect—
(i)all funds in a reserve account established
by an eligible entity under this subsection if the Secretary determines, not
earlier than 2 years after the date the eligible entity first received funds
under this section, that the eligible entity has failed to make substantial
progress carrying out the purpose described in paragraph (1); or
(ii)all or a portion of the funds in a reserve
account established by an eligible entity under this subsection 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
paragraph (1).
(B)The Secretary shall not exercise the
authority provided under subparagraph (A) to collect from any eligible entity
any funds that are being properly used to achieve such purpose.
(C)Sections 451, 452, and 458 of the General
Education Provisions Act shall apply to the recovery of funds under
subparagraph (A).
(D)This paragraph 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.
(5)Any funds collected by the Secretary under
paragraph (4) shall be awarded to eligible entities receiving grants under this
section in the next fiscal year.
(g)The financial records of each eligible
entity and eligible public charter school receiving a grant or subgrant,
respectively, under this section shall be maintained in accordance with
generally accepted accounting principles and shall be subject to an annual
audit by an independent public accountant.
(h)
(1)From the amounts appropriated under section
5200, 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 of the activities carried out
under this section on—
(A)student
achievement, including State standardized assessment scores and, if available,
student academic longitudinal growth (as described in subsection (c)(2)(A)(i))
based on such assessments; and
(B)other areas, as determined by the
Secretary.
(2)Not later than 4 years after the date of
the enactment of the All Students Achieving
through Reform Act of 2011, and biannually thereafter, the
Secretary shall submit to Congress a report on the results of the evaluation
described in paragraph (1).
(i)Each eligible entity receiving a grant
under this section 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 3-year period beginning on the date of enactment of the
All Students Achieving through Reform Act of
2011 and every 2 years thereafter.
(2)Such performance information as the
Secretary may require for the national evaluation conducted under subsection
(h)(1).
(j)The provisions of sections 5201 through
5209 shall not apply to the program under this section.
(k)In this section:
(1)The term adequate yearly
progress
has the meaning given such term in a State’s plan in
accordance with section 1111(b)(2)(C).
(2)Administrative tasks, dissemination
activities, and outreachThe
term administrative tasks, dissemination activities, 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 section;
(D)necessary oversight of the grant program
under this section; and
(E)initiatives and activities to disseminate
the best practices, programs, or strategies learned in eligible public charter
schools to other public schools operating in the State where the eligible
entity intends to award subgrants under this section.
(3)The term charter
school means—
(A)a charter school, as defined in section
5211(1); or
(B)a school that meets the requirements of
such section, except for subparagraph (D) of the section, and provides
prekindergarten or adult education services.
(4)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, including a nonprofit
charter management organization, that has an organizational mission and record
of success supporting the replication and expansion of high-quality charter
schools and is—
(i)described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and
(ii)exempt from tax under section 501(a) of
such Code (26 U.S.C. 501(a)).
(5)Eligible public charter
schoolThe term
eligible public charter school
means a charter school, including
a public charter school that is being developed by a developer, that—
(A)has made adequate yearly progress for 2 of
the last 3 consecutive school years; and
(B)in the case of a public charter school that
is a secondary school, has, for the most recent school year for which data is
available, met or exceeded the graduation rate required by the State in order
to make adequate yearly progress for such year.
(6)The term graduation rate
has
the meaning given the term in section 1111(b)(2)(C)(vi), as clarified in
section 200.19(b)(1) of title 34, Code of Federal Regulations.
(7)The term identified school
means a school identified for school improvement, corrective action, or
restructuring under paragraph (1), (7), or (8) of section 1116(b).
(8)The term local educational
agency
includes any charter school that is a local educational agency,
as determined by State law.
(9)The term low-income student
means a student eligible for free or reduced price lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(10)The term school food authority has the
meaning given the term in section 250.3 of title 7, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
(11)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)).
(12)Traditional public schoolThe term traditional public
school
does not include any charter school, as defined in section
5211.
.
(b)Authorization of
appropriationsPart B of
title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221
et seq.) is amended—
(1)by striking section 5231; and
(2)by inserting before subpart 1 the
following:
5200.Authorization of appropriations for
subparts 1 and 2
(a)There are authorized to be appropriated to
carry out subparts 1 and 2, $700,000,000 for fiscal year 2012 and such sums as
may be necessary for each of the 5 succeeding fiscal years.
(b)In allocating funds appropriated under this
section for any fiscal year, the Secretary shall consider—
(1)the relative need among the programs
carried out under sections 5202, 5205, 5210, and subpart 2; and
(2)the quality of the applications submitted
for such
programs.
.
(c)The Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) is amended—
(1)in section 2102(2) (20 U.S.C. 6602(2)), by
striking 5210
and inserting 5211
;
(2)in section 5204(e) (20 U.S.C. 7221c(e)), by
striking 5210(1)
and inserting 5211(1)
;
(3)in section 5211(1) (as redesignated by
subsection (a)(2)) (20 U.S.C. 7221i(1)), by striking The term
and inserting Except as otherwise provided, the term
;
(4)in section 5230(1) (20 U.S.C. 7223i(1)), by
striking 5210
and inserting 5211
; and
(5)in section 5247(1) (20 U.S.C. 7225f(1)), by
striking 5210
and inserting 5211
.
(d)The table of contents of the Elementary and
Secondary Education Act of 1965 is amended—
(1)by inserting before the item relating to
subpart 1 of part B of title V the following:
Sec. 5200. Authorization of appropriations for subparts 1 and
2.
;
(2)by striking the items relating to sections
5210 and 5211;
(3)by inserting after the item relating to
section 5209 the following:
Sec. 5210. Charter school
expansion and replication.
Sec. 5211.
Definitions.
;
and(4)by striking the
item relating to section 5231.