[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Pages S12003-S12005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 CHARTER SCHOOLS AMENDMENTS ACT OF 1998

                                 ______
                                 

                 COATS (AND OTHERS) AMENDMENT NO. 3795

  Mr. JEFFORDS (for Mr. Coats for himself, Mr. Lieberman, Mr. D'Amato, 
Mr. Kerrey, Ms. Landrieu, and Mr. McCain) proposed an amendment to the 
bill (H.R. 2616) to amend titles VI and X of the Elementary and 
Secondary Education Act of 1965 to improve and expand charter schools; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Charter School Expansion Act 
     of 1998''.

     SEC. 2. INNOVATIVE CHARTER SCHOOLS.

       Title VI of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7301 et seq.) is amended--
       (1) in section 6201(a) (20 U.S.C. 7331(a))--
       (A) in paragraph (1)(C), by striking ``and'' after the 
     semicolon;
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) support for planning, designing, and initial 
     implementation of charter schools as described in part C of 
     title X; and''; and
       (2) in section 6301(b) (20 U.S.C. 7351(b))--
       (A) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (B) by redesignating paragraph (8) as paragraph (9); and
       (C) by inserting after paragraph (7) the following:
       ``(8) planning, designing, and initial implementation of 
     charter schools as described in part C of title X; and''.

     SEC. 3. CHARTER SCHOOLS.

       (a) Purpose.--Section 10301(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8061(b)) is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``planning, program'' before ``design''; 
     and
       (B) by striking ``and'' after the semicolon;
       (2) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(3) expanding the number of high-quality charter schools 
     available to students across the Nation.''.
       (b) Criteria for Priority Treatment.--Section 10302 of such 
     Act of 1965 (20 U.S.C. 8062) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) not more than 2 years to carry out dissemination 
     activities described in section 10304(f)(6)(B).'';
       (2) by amending subsection (d) to read as follows:
       ``(d) Limitation.--A charter school may not receive--
       ``(1) more than 1 grant for activities described in 
     subparagraphs (A) and (B) of subsection (c)(2); or
       ``(2) more than 1 grant for activities under subparagraph 
     (C) of subsection (c)(2).''; and
       (3) by adding at the end the following:
       ``(e) Priority Treatment.--
       ``(1) In general.--
       ``(A) Fiscal years 1999, 2000, and 2001.--In awarding 
     grants under this part for any of the fiscal years 1999, 
     2000, and 2001 from funds appropriated under section 10311 
     that are in excess of $51,000,000 for the fiscal year, the 
     Secretary shall give priority to States to the extent that 
     the States meet the criteria described in paragraph (2) and 1 
     or more of the criteria described in subparagraph (A), (B), 
     or (C) of paragraph (3).
       ``(B) Succeeding fiscal years.--In awarding grants under 
     this part for fiscal year 2002 or any succeeding fiscal year 
     from any funds appropriated under section 10311, the 
     Secretary shall give priority to States to the extent that 
     the States meet the criteria described in paragraph (2) and 1 
     or more of the criteria described in subparagraph (A), (B), 
     or (C) of paragraph (3).
       ``(2) Review and evaluation priority criteria.--The 
     criteria referred to in paragraph (1) is that the State 
     provides for periodic review and evaluation by the authorized 
     public chartering agency of each charter school, at least 
     once every 5 years unless required more frequently by State 
     law, to determine whether the charter school is meeting the 
     terms of the school's charter, and is meeting or exceeding 
     the academic performance requirements and goals for charter 
     schools as set forth under State law or the school's charter.
       ``(3) Priority criteria.--The criteria referred to in 
     paragraph (1) are the following:
       ``(A) The State has demonstrated progress, in increasing 
     the number of high quality charter schools that are held 
     accountable in the terms of the schools' charters for meeting 
     clear and measurable objectives for the educational progress 
     of the students attending the schools, in the period prior to 
     the period for which a State educational agency or eligible 
     applicant applies for a grant under this part.
       ``(B) The State--
       ``(i) provides for 1 authorized public chartering agency 
     that is not a local educational agency, such as a State 
     chartering board, for each individual or entity seeking to 
     operate a charter school pursuant to such State law; or
       ``(ii) in the case of a State in which local educational 
     agencies are the only authorized public chartering agencies, 
     allows for an appeals process for the denial of an 
     application for a charter school.
       ``(C) The State ensures that each charter school has a high 
     degree of autonomy over the charter school's budgets and 
     expenditures.
       ``(f) Amount Criteria.--In determining the amount of a 
     grant to be awarded under this part to a State educational 
     agency, the Secretary shall take into consideration the 
     number of charter schools that are operating, or are approved 
     to open, in the State.''.
       (c) Applications.--Section 10303 of such Act (20 U.S.C. 
     8063) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``and'' after the 
     semicolon;
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) describe how the State educational agency--
       ``(A) will inform each charter school in the State 
     regarding--
       ``(i) Federal funds that the charter school is eligible to 
     receive; and
       ``(ii) Federal programs in which the charter school may 
     participate;
       ``(B) will ensure that each charter school in the State 
     receives the charter school's commensurate share of Federal 
     education funds that are allocated by formula each year, 
     including during the first year of operation of the charter 
     school; and
       ``(C) will disseminate best or promising practices of 
     charter schools to each local educational agency in the 
     State; and''; and
       (D) in paragraph (3) (as redesignated by subparagraph 
     (B))--
       (i) in subparagraph (E), insert ``planning, program'' 
     before ``design'';
       (ii) in subparagraph (K), by striking ``and'' after the 
     semicolon;
       (iii) by redesignating subparagraph (L) as subparagraph 
     (N); and
       (iv) by inserting after subparagraph (K) the following:
       ``(L) a description of how a charter school that is 
     considered a local educational agency under State law, or a 
     local educational agency serving a school district in which a 
     charter school is located, will comply with sections 
     613(a)(5) and 613(e)(1)(B) of the Individuals with 
     Disabilities Education Act;
       ``(M) if the eligible applicant desires to use subgrant 
     funds for dissemination activities under section 
     10302(c)(2)(C), a description of those activities and how 
     those activities will involve charter schools, other public 
     schools, local educational agencies, developers, or potential 
     developers; and''; and
       (2) in subsection (c), by striking ``10302(e)(1) or''; and
       (3) in subsection (d)(1)--
       (A) by striking ``subparagraphs (A) through (L)'' and 
     inserting ``subparagraphs (A) through (N)''; and
       (B) by striking ``subparagraphs (I), (J), and (K)'' and 
     inserting ``subparagraphs (J), (K), and (N)''.
       (d) Administration.--Section 10304 of such Act (20 U.S.C. 
     8064) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following:
       ``(6) the number of high quality charter schools created 
     under this part in the State; and
       ``(7) in the case of State educational agencies that 
     propose to use grant funds to support dissemination 
     activities under section 10302(c)(2)(C), the quality of those 
     activities and the likelihood that those activities will 
     improve student achievement.'';

[[Page S12004]]

       (2) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(7) in the case of an eligible applicant that proposes to 
     use grant funds to support dissemination activities under 
     section 10302(c)(2)(C), the quality of those activities and 
     the likelihood that those activities will improve student 
     achievement.'';
       (3) in subsection (f)--
       (A) in paragraph (1), by inserting before the period the 
     following: ``, except that the State educational agency may 
     reserve not more than 10 percent of the grant funds to 
     support dissemination activities described in paragraph 
     (6)'';
       (B) in paragraph (2), by inserting ``, or to disseminate 
     information about the charter school and successful practices 
     in the charter school,'' after ``charter school'';
       (C) in paragraph (5), by striking ``20 percent'' and 
     inserting ``10 percent''; and
       (D) by adding at the end the following:
       ``(6) Dissemination.--
       ``(A) In general.--A charter school may apply for funds 
     under this part, whether or not the charter school has 
     applied for or received funds under this part for planning, 
     program design, or implementation, to carry out the 
     activities described in subparagraph (B) if the charter 
     school has been in operation for at least 3 consecutive years 
     and has demonstrated overall success, including--
       ``(i) substantial progress in improving student 
     achievement;
       ``(ii) high levels of parent satisfaction; and
       ``(iii) the management and leadership necessary to overcome 
     initial start-up problems and establish a thriving, 
     financially viable charter school.
       ``(B) Activities.--A charter school described in 
     subparagraph (A) may use funds reserved under paragraph (1) 
     to assist other schools in adapting the charter school's 
     program (or certain aspects of the charter school's program), 
     or to disseminate information about the charter school, 
     through such activities as--
       ``(i) assisting other individuals with the planning and 
     start-up of 1 or more new public schools, including charter 
     schools, that are independent of the assisting charter school 
     and the assisting charter school's developers, and that agree 
     to be held to at least as high a level of accountability as 
     the assisting charter school;
       ``(ii) developing partnerships with other public schools, 
     including charter schools, designed to improve student 
     performance in each of the schools participating in the 
     partnership;
       ``(iii) developing curriculum materials, assessments, and 
     other materials that promote increased student achievement 
     and are based on successful practices within the assisting 
     charter school; and
       ``(iv) conducting evaluations and developing materials that 
     document the successful practices of the assisting charter 
     school and that are designed to improve student performance 
     in other schools.''.
       (f) National Activities.--Section 10305 of such Act (20 
     U.S.C. 8065) is amended to read as follows:

     ``SEC. 10305. NATIONAL ACTIVITIES.

       ``(a) In General.--The Secretary shall reserve for each 
     fiscal year the greater of 5 percent or $5,000,000 of the 
     amount appropriated to carry out this part, except that in no 
     fiscal year shall the total amount so reserved exceed 
     $8,000,000, to carry out the following activities:
       ``(1) To provide charter schools, either directly or 
     through State educational agencies, with--
       ``(A) information regarding--
       ``(i) Federal funds that charter schools are eligible to 
     receive; and
       ``(ii) other Federal programs in which charter schools may 
     participate; and
       ``(B) assistance in applying for Federal education funds 
     that are allocated by formula, including assistance with 
     filing deadlines and submission of applications.
       ``(2) To provide for the completion of the 4-year national 
     study (which began in 1995) of charter schools.
       ``(3) To provide for other evaluations or studies that 
     include the evaluation of the impact of charter schools on 
     student achievement, including information regarding--
       ``(A) students attending charter schools reported on the 
     basis of race, age, disability, gender, limited English 
     proficiency, and previous enrollment in public school; and
       ``(B) the professional qualifications of teachers within a 
     charter school and the turnover of the teaching force.
       ``(4) To provide--
       ``(A) information to applicants for assistance under this 
     part;
       ``(B) assistance to applicants for assistance under this 
     part with the preparation of applications under section 
     10303;
       ``(C) assistance in the planning and startup of charter 
     schools;
       ``(D) training and technical assistance to existing charter 
     schools; and
       ``(E) for the dissemination to other public schools of best 
     or promising practices in charter schools.
       ``(5) To provide (including through the use of 1 or more 
     contracts that use a competitive bidding process) for the 
     collection of information regarding the financial resources 
     available to charter schools, including access to private 
     capital, and to widely disseminate to charter schools any 
     such relevant information and model descriptions of 
     successful programs.
       ``(b) Construction.--Nothing in this section shall be 
     construed to require charter schools to collect any data 
     described in subsection (a).''.
       (g) Commensurate Treatment; Records Transfer; Paperwork 
     Reduction.--Part C of title X of such Act (20 U.S.C. 8061 et 
     seq.) is amended--
       (1) by redesignating sections 10306 and 10307 as sections 
     10310 and 10311, respectively; and
       (2) by inserting after section 10305 the following:

     ``SEC. 10306. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR 
                   AND FOR SUCCESSIVE ENROLLMENT EXPANSIONS.

       ``(a) In General.--For purposes of the allocation to 
     schools by the States or their agencies of funds under part A 
     of title I, and any other Federal funds which the Secretary 
     allocates to States on a formula basis, the Secretary and 
     each State educational agency shall take such measures not 
     later than 6 months after the date of enactment of the 
     Charter School Expansion Act of 1998 as are necessary to 
     ensure that every charter school receives the Federal funding 
     for which the charter school is eligible not later than 5 
     months after the charter school first opens, notwithstanding 
     the fact that the identity and characteristics of the 
     students enrolling in that charter school are not fully and 
     completely determined until that charter school actually 
     opens. The measures similarly shall ensure that every charter 
     school expanding its enrollment in any subsequent year of 
     operation receives the Federal funding for which the charter 
     school is eligible not later than 5 months after such 
     expansion.
       ``(b) Adjustment and Late Openings.--
       ``(1) In general.--The measures described in subsection (a) 
     shall include provision for appropriate adjustments, through 
     recovery of funds or reduction of payments for the succeeding 
     year, in cases where payments made to a charter school on the 
     basis of estimated or projected enrollment data exceed the 
     amounts that the school is eligible to receive on the basis 
     of actual or final enrollment data.
       ``(2) Rule.--For charter schools that first open after 
     November 1 of any academic year, the State, in accordance 
     with guidance provided by the Secretary and applicable 
     Federal statutes and regulations, shall ensure that such 
     charter schools that are eligible for the funds described in 
     subsection (a) for such academic year have a full and fair 
     opportunity to receive those funds during the charter 
     schools' first year of operation.

     ``SEC. 10307. SOLICITATION OF INPUT FROM CHARTER SCHOOL 
                   OPERATORS.

       ``To the extent practicable, the Secretary shall ensure 
     that administrators, teachers, and other individuals directly 
     involved in the operation of charter schools are consulted in 
     the development of any rules or regulations required to 
     implement this part, as well as in the development of any 
     rules or regulations relevant to charter schools that are 
     required to implement part A of title I, the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.), or any 
     other program administered by the Secretary that provides 
     education funds to charter schools or regulates the 
     activities of charter schools.

     ``SEC. 10308. RECORDS TRANSFER.

       ``State educational agencies and local educational 
     agencies, to the extent practicable, shall ensure that a 
     student's records and, if applicable, a student's 
     individualized education program as defined in section 
     602(11) of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1401(11)), are transferred to a charter school 
     upon the transfer of the student to the charter school, and 
     to another public school upon the transfer of the student 
     from a charter school to another public school, in accordance 
     with applicable State law.

     ``SEC. 10309. PAPERWORK REDUCTION.

       ``To the extent practicable, the Secretary and each 
     authorized public chartering agency shall ensure that 
     implementation of this part results in a minimum of paperwork 
     for any eligible applicant or charter school.''.
       (h) Part C Definitions.--Section 10310(1) of such Act (as 
     redesignated by subsection (e)(1)) (20 U.S.C. 8066(1)) is 
     amended--
       (1) in subparagraph (A), by striking ``an enabling 
     statute'' and inserting ``a specific State statute 
     authorizing the granting of charters to schools'';
       (2) in subparagraph (H), by inserting ``is a school to 
     which parents choose to send their children, and that'' 
     before ``admits'';
       (3) in subparagraph (J), by striking ``and'' after the 
     semicolon;
       (4) in subparagraph (K), by striking the period and 
     inserting ``; and''; and
       (5) by adding at the end the following:
       ``(L) has a written performance contract with the 
     authorized public chartering agency in the State that 
     includes a description of how student performance will be 
     measured in charter schools pursuant to State assessments 
     that are required of other schools and pursuant to any other 
     assessments mutually agreeable to the authorized public 
     chartering agency and the charter school.''.
       (i) Authorization of Appropriations.--Section 10311 of such 
     Act (as redesignated by subsection (e)(1)) (20 U.S.C. 8067) 
     is amended by striking ``$15,000,000 for fiscal year 1995'' 
     and inserting ``$100,000,000 for fiscal year 1999''.
       (j) Title XIV Definitions.--Section 14101 of such Act (20 
     U.S.C. 8801) is amended--

[[Page S12005]]

       (1) in paragraph (14), by inserting ``, including a public 
     elementary charter school,'' after ``residential school''; 
     and
       (2) in paragraph (25), by inserting ``, including a public 
     secondary charter school,'' after ``residential school''.
       (k) Conforming Amendment.--The matter preceding paragraph 
     (1) of section 10304(e) of such Act (20 U.S.C. 8064(e)) is 
     amended by striking ``10306(1)'' and inserting ``10310(1)''.

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