119 S1723 IS: Equitable Access to School Facilities Act
U.S. Senate
2025-05-13
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II
119th CONGRESS
1st Session
S. 1723
IN THE SENATE OF THE UNITED STATES
May 13, 2025
Mr. Cassidy (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To support the creation and implementation of State policies, as well as the expansion of existing State policies, for improving the quality and affordability of charter school facilities and to authorize the provision of technical assistance that will support the growth and expansion of high-quality charter schools.
1.

Short title
This Act may be cited as the “Equitable Access to School Facilities Act”.
2.

Purpose
The purpose of this Act is to support the creation and implementation of State policies, as well as the expansion of existing State policies, to—
(1)
improve the quality and affordability of charter school facilities, including by providing funding and financing for those facilities and expanding charter schools’ access to public buildings; and
(2)
authorize the provision of technical assistance that will support the growth and expansion of high-quality charter schools.
3.

Funding
(a)

Allotment
Section 4302(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221a(b)(1)) is amended by inserting “not more than” before “12.5 percent”.
(b)

Facilities financing assistance
Section 4304(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221c(a)(1)) is amended by striking “use not less than 50 percent to”.
4.

State facilities aid program authorized
Section 4304 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221c) is amended by striking subsection (k) and inserting the following:
“(k)

State facilities aid program
(1)

State entity defined
In this subsection, the term State entity has the meaning given the term in section 4303(a).
(2)

Grants to state entities
(A)

Grants authorized
From the amounts appropriated under paragraph (5) and not reserved under paragraph (3), the Secretary shall make competitive grants to State entities to pay for the cost of establishing or enhancing, and administering, charter school facilities aid programs.
(B)

Application
A State entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(C)

Selection considerations
In making grants under this subsection, the Secretary shall consider, based on quantitative measures, the extent to which the activities proposed to be carried out under a grant will—
(i)
improve the equity of charter schools’ access to facilities funding and financing within a State, by reducing gaps in such funding and financing (for both acquisitions and operating costs) between charter schools and other public schools;
(ii)
increase charter schools’ access to public buildings; and
(iii)
increase the access of charter schools in low-income and rural communities to adequate facilities.
(D)

Priorities
In making grants under this subsection, the Secretary shall give a competitive preference priority to an applicant located in a State that—
(i)
qualifies for a priority under subparagraph (A) or (C) of section 4303(g)(2);
(ii)
provides charter schools with access to tax-exempt financing;
(iii)
ensures that land-use policies within the State, such as policies regarding permits and fees, provide for the same or substantially similar treatment of charter schools as other public schools;
(iv)
prohibits localities and other instrumentalities of the State from imposing negative deed restrictions on properties that limit charter school access, including prohibitions or restrictions on charter schools purchasing surplus public property; or
(v)
ensures that charter schools have the first right of refusal to purchase surplus public property.
(E)

Uses of funds
A State entity receiving a grant under this subsection shall use such grant to carry out one or more of the following activities in the applicant’s State:
(i)
Increasing funding for, creating, or improving financing mechanisms to support charter schools’ acquisition, access to leasing, and construction or renovation of facilities, which may include partnerships with local educational agencies that provide access to public buildings.
(ii)
Increasing funding for, or creating funding mechanisms to support, charter schools’ ongoing facilities costs.
(iii)
Supporting the creation of alternative ownership models, to plan, develop, and manage facilities for charter schools and other public service providers.
(iv)
(I)
In the case of a State entity that is not receiving a grant under subsection (a), establishing and maintaining a reserve account described in subsection (f) and depositing all, or a portion of, the grant funds received under this subsection in such reserve account for one or more of the purposes described subsection (f)(1).
(II)
In the case of a State entity that is receiving a grant under subsection (a), depositing all, or a portion of, the grant funds received under this subsection in the reserve account established and maintained by the State entity under subsection (f).
(F)

Supplement, not supplant
A State entity receiving a grant under this subsection shall use such grant only to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subsection.
(3)

National activities
From the amounts appropriated under paragraph (5), the Secretary may reserve not more than 2 percent to carry out, directly or through grants or contracts, technical assistance to grantees, evaluation of grant activities, and research and dissemination related to the purposes of this subsection.”.
“(4)

No Federal interest
The financial assistance provided through grants made under this subsection shall not create a “Federal interest” as such term is defined in section 200.1 of title 2, Code of Federal Regulations (or successor regulations).”.
“(5)

Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2026 through 2030.”.
5.

Credit enhancement for charter school facilities program
Section 4304(h)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221c(h)(2)) is amended by striking subparagraph (A) and inserting the following:
“(A)

Grantee annual reports
Each eligible entity receiving a grant under subsection (a) before the date of enactment of the Equitable Access to School Facilities Act shall submit to the Secretary (for a period of 10 years after the award of such grant) an annual report of the entity’s operations and activities under this section (excluding subsection (k)).”; and
6.

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)(C), by striking “and” after the semicolon;
(B)
by striking the period at the end of paragraph (2) and inserting “; and”; and
(C)
by inserting after paragraph (2) the following:
“(3)
provide assistance in locating and accessing a facility or provide one-time assistance to any planned or operating charter schools in the State in ensuring that a facility complies with local building codes and is equipped to support provision of a high-quality education.”;
(2)
in subsection (c)(1)—
(A)
in subparagraph (A), striking “90 percent” and inserting “80 percent”;
(B)
by striking “and” after subparagraph (B);
(C)
by striking the period at the end of subparagraph (C) and inserting “; and”; and
(D)
by inserting after subparagraph (C):
“(D)
reserve not more than 10 percent of such funds for the establishment of a revolving loan fund, which may be used to make loans, under such terms as may be established by the State entity, to—
(i)
eligible applicants that have received a subgrant under this section, for the initial operation (during the subgrantee’s project period) of the applicant’s charter school or schools; and
(ii)
eligible applicants for obtaining, renovating, or rehabilitating facilities for planned or operating charter schools in the State.”; and
(3)
by striking paragraph (3) of subsection (h) and inserting:
“(3)
Carrying out repair, renovation, or construction activity to ensure that a school building complies with applicable statutes and regulations and is equipped to support provision of a high-quality education.”.
7.

National programs
Section 4305(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221d(a)(3)) is amended—
(1)
in subparagraph (A), in the matter preceding clause (i), by striking “disseminate” and inserting “provide support and”;
(2)
in subparagraph (B), by inserting “identify and” before “disseminate”;
(3)
by redesignating subparagraph (C) as subparagraph (D); and
(4)
by inserting the following after subparagraph (B):
“(C)
support activities related to—
(i)
charter schools’ access to facilities, and facilities funding and financing;
(ii)
charter school authorizer quality and oversight;
(iii)
supporting States that have enacted legislation (within a period of 5 years prior to the award of a grant under this section) for such purpose to facilitate the authorization of charter schools within such States; and
(iv)
identifying best practices that support, or remove barriers to, early-stage charter school planning, charter schools serving rural students, charter schools serving students with disabilities, and innovative models.”.