Short title

This Act may be cited as the

Fostering Learning and Excellence in Charter Schools Act

or the

FLEX Act

Funding allotment

Section 4302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221a) is amended—(1)in subsection (a)(1)—(A)by striking and after the replication of high-quality charter schools,; and(B)by inserting , and the addition or expansion of programs at high-quality charter schools after the expansion of high-quality charter schools;(2)in subsection (b)—(A)in paragraph (1), by striking 12.5 percent and inserting at least 15 percent;(B)in paragraph (2), by striking 22.5 percent and inserting at least 25 percent; and(C)in paragraph (3), by striking use the remaining and all that follows through paragraphs (1) and (2) and inserting reserve at least 30 percent; and(3)by adding at the end the following:

(d)

Remaining amounts

In the case of a remaining amount after the Secretary makes reservations of the amount made available under section 4311 for a fiscal year in accordance with paragraphs (1), (2), and (3) of subsection (b), the Secretary—(1)shall use all of such remaining amount to support charter school facilities assistance under section 4304, carry out national activities under section 4305, and carry out section 4303, as described in such paragraphs; and(2)may determine how to allocate such remaining amount to support or carry out, as applicable, the programs and activities described in each such section.

Grants to support high-quality charter schools

Section 4303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b) is amended—(1)in subsection (b)—(A)in paragraph (1)—(i)in subparagraph (B), by striking or at the end;(ii)in subparagraph (C), by striking and at the end and inserting or; and(iii)by inserting after subparagraph (C) the following:

(D)support the addition or expansion of curricular or other offerings at a high-quality charter school (provided that such addition or expansion is designed and implemented in a manner that will enable additional students to enroll in and benefit from the school), such as through the adoption of—(i)new academic programs or delivery models;(ii)personalized learning; or(iii)a new curricular approach; and

; and

(B)in paragraph (2), by inserting , including costs to provide such assistance, after provide technical assistance;(2)in subsection (c)—(A)in paragraph (1), in the matter preceding subparagraph (A), by inserting , over the course of the grant period described in subsection (d)(1)(A) after shall; and(B)in paragraph (3), by adding at the end the following:

(C)

Single-sex schools and services

Nothing in this part shall be construed to prohibit schools from providing educational services to students of a single sex.

;

(3)in subsection (d)—(A)in the heading of such subsection, by inserting

Advance Payments;

after

Peer Review;

;(B)in paragraph (1)(B), by striking of which and all that follows through program design and inserting of which an eligible applicant may use not more than a period of time determined by the State entity (which may not exceed 2 years) for planning and program design;(C)in paragraph (2), by striking The Secretary, and each State entity awarding subgrants under this section, shall and inserting The Secretary shall, and each State entity awarding subgrants under this section may,; and(D)by amending paragraph (3) to read as follows:

(3)

Advance payments

Notwithstanding any other provision of law, the Secretary shall take such steps as are necessary to ensure that—(A)an eligible applicant awarded a subgrant by a State entity under this section may request advance payments of subgrant funds for the purposes described in subsection (b)(1), and upon such request, such State entity shall provide advance payments of such funds awarded to the eligible applicant in accordance with section 200.305(b)(1) of title 2, Code of Federal Regulations (or successor regulations);(B)a State entity shall be provided with advance payments of grant funds in accordance with section 200.305(b)(1) of title 2, Code of Federal Regulations (or successor regulations) in an amount sufficient to provide advance payments to an eligible applicant under subparagraph (A); and(C)mutually agreed upon funding techniques, such as those described in part 205.12 of title 31, Code of Federal Regulations (or successor regulations), are in place with States or State entities, as appropriate, to receive funds under this section in a manner that permits a State entity to receive advance payments of grant funds, and provide to eligible applicants advance payments of subgrant funds, in accordance with subparagraphs (A) and (B).

;

(4)in subsection (e)(1), by striking is currently using and inserting has not obligated all funds received pursuant to;(5)in subsection (f)—(A)in paragraph (1)—(i)in subparagraph (A)—(I)by amending clause (i) to read as follows:

(i)support the opening, expansion, and strengthening of charter schools through the startup of new charter schools, the replication of high-quality charter schools, the expansion of high-quality charter schools, and the addition of programs in high-quality schools, which shall include an initial projection (which may not be used to determine a State entity’s allocation of subgrant funds if the State entity determines that an alternative allocation would better meet the purposes of this program) of—(I)the number of charter schools to be opened through the startup of new charter schools under the program;(II)the number of charter schools to be opened as a result of the replication of a high-quality charter school under the program; or(III)the number of high-quality charter schools to be expanded under the program;

;

(II)in subclause (II) of clause (vi), by striking in a manner consistent with the eligible applicant’s application for such subgrant;(III)in clause (xi), by inserting in the case of a State entity described in subsection (a)(1) or (a)(3), before support; and(IV)in clause (xii)—(aa)in subclause (I)—(AA)by striking

(I)

; and(BB)by striking not described in subclause (II) and inserting described in paragraphs (1), (2), or (3) of subsection (a); and(bb)by striking subclause (II);(ii)in subparagraph (B)(iii), by striking to develop or strengthen a cohesive strategy;(iii)in subparagraph (C)—(I)in clause (i)(VI), by striking and at the end;(II)in clause (ii), by inserting and at the end; and(III)by adding at the end the following:

(iii)a description of whether and how, in lieu of requiring an application in accordance with clause (i), the State entity will opt to use an eligible applicant’s approved charter authorization application, provided that such charter authorization application was approved in accordance with relevant State law during the year preceding the date on which the State entity first accepts applications for such subgrants;

;

(iv)by striking subparagraph (E); and(v)by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and(B)in paragraph (2)—(i)in subparagraph (F), by striking and at the end;(ii)in subparagraph (G)(v), by striking the period at the end and inserting ; and; and(iii)by adding at the end the following:

(H)the State entity will ensure that each charter school receiving funds under the State entity’s program will address the transportation needs of their students.

;

(6)in subsection (g)(1)—(A)by striking subparagraph (B) (and redesignating subparagraphs (C) through (E) as (B) through (D), respectively); and(B)in subparagraph (C), by striking meet those objectives and;(7)in subsection (h)—(A)by amending paragraph (1)(B) to read as follows:

(B)hiring and compensating teachers, school leaders, or specialized instructional support personnel.

;

(B)in paragraph (2)—(i)by inserting academic subscriptions (including digital and online subscriptions), after training,; and(ii)by inserting curricular support, after (including technology),;(C)by amending paragraph (3) to read as follows:

(3)In order to ensure that a school building complies with applicable statutes and regulations, carrying out necessary renovations, upgrades, or facilities repairs, or acquiring portable classrooms.

;

(D)in paragraph (4), by striking one-time, startup;(E)in paragraph (6), by striking appropriate, non-sustained; and(F)by adding at the end the following:

(7)Providing costs associated with operations and management of the charter school facility.

; and

(8)in subsection (i)—(A)by striking of the third year; and(B)by striking (or at the end of the second year of the grant period if the grant is less than 5 years), and at the end of such grant period.

National activities; grants to charter management organizations

Section 4305 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221d) is amended—(1)by amending subsection (a) to read as follows:

(a)

In general

From the amount reserved under section 4302(b)(2), the Secretary shall—(1)use not more than 10 percent of such funds to—(A)provide support and technical assistance to—(i)State entities in awarding subgrants under section 4303(b)(1); and(ii)eligible entities and States receiving grants under section 4304;(B)disseminate best practices regarding charter schools;(C)increase access to facilities (including funding and financing for facilities) for charter schools;(D)increase the number of available seats in charter schools through early-stage charter school planning;(E)increase the number of available seats in charter schools that—(i)are located in States that have enacted legislation within a period of 5 years prior to the award of a grant under this section for such purpose; (ii)serve rural students; and(iii)serve students with disabilities; and (F)evaluate the impact of the charter school program carried out under this part, including with respect to student achievement;(2)use not more than 15 percent of such funds to award grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 4303(h) in a State that did not receive a grant under section 4303; and(3)after the uses described in paragraphs (1) and (2), use the remainder of such funds to award grants in accordance with subsection (b); and

(2)in subsection (b)—(A)in paragraph (3)(B)—(i)in clause (ii)—(I)in subclause (I), by inserting and at the end;(II)in subclause (II), by striking and and the end; and(III)by striking subclause (III); and(ii)in clause (iii), by striking , which shall include a multi-year financial and operating model for the eligible entity; and(B)in paragraph (5)—(i)in subparagraph (C)(ii), by striking or at the end;(ii)in subparagraph (D), by striking the period at the end and inserting ; or; and(iii)by adding at the end the following:

(E)plan to operate or manage high-quality charter schools in—(i)States in which, as of the date on which the eligible entity submits an application under paragraph (3), the eligible entity does not operate or manage a charter school; or(ii)States with limited charter school options.

Solicitation of input from charter school operators

Section 4307 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221f) is amended—(1)by striking To the extent practicable, the Secretary and inserting The Secretary;(2)by inserting , prior to the issuance of a notice of proposed rulemaking, after are consulted; and(3)by striking this subpart and inserting this part.

Paperwork reduction and regulation

Section 4309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221h) is amended—(1)in the heading, by inserting

and regulation

at the end;(2)by striking To the extent practicable, the and inserting the following:

(a)

Paperwork reduction

The

;

(3)by striking this subpart and inserting this part;(4)by striking or charter school and inserting , charter school, or State entity (as defined in section 4303); and(5)by adding at the end the following:

(b)

Regulation

In meeting the requirement under subsection (a), the Secretary shall promulgate only such regulations as are necessary for the administration of this part and shall not impose additional nonstatutory requirements on those entities subject to the regulations.

Definitions

Section 4310(2)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(2)(D)) is amended by inserting (which may include other educational programs, pursuant to State law) after education.

Applicability

(a)

In general

This Act and the amendments made by this Act shall apply with respect to grants awarded under sections 4303 and 4305 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b; 7221d) on or after the date of the enactment of this Act.(b)

Exception

An entity that received a grant under a section described in subsection (a) prior to the date of the enactment of this Act for which the applicable grant period has not expired may elect to, for the remainder of such grant period, carry out such grant in accordance with this Act and the amendments made by this Act.