Sec. 5. Grants to support high-quality charter schools
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Section 5203 ( 20 U.S.C. 7221b ) is amended to read as follows: From the amount reserved under section 5202(b)(3), the Secretary shall award grants to State entities having applications approved pursuant to subsection
(f)to enable such entities to— award subgrants to eligible applicants for opening and preparing to operate— new charter schools; replicated, high-quality charter school models; or expanded, high-quality charter schools; and provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph
(1)and work with authorized public chartering agencies in the State to improve authorizing quality. A State entity receiving a grant under this section shall— use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application approved pursuant to subsection (f), for the purposes described in subparagraphs
(A)through
(C)of subsection (a)(1); reserve not less than 7 percent of such funds to carry out the activities described in subsection (a)(2); and reserve not more than 3 percent of such funds for administrative costs which may include technical assistance. A State entity may use a grant received under this section to carry out the activities described in subparagraphs
(A)and
(B)of paragraph
(1)directly or through grants, contracts, or cooperative agreements. Nothing in this Act shall prohibit the Secretary from awarding grants to States that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educationally disadvantaged students if— the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 5210(1)(G); and such weighted lotteries are not used for the purpose of creating schools exclusively to serve a particular subset of students. A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 5 years. A subgrant awarded by a State 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. The Secretary, and each State entity receiving a grant under this section, shall use a peer review process to review applications for assistance under this section. The Secretary shall— for each fiscal year for which funds are appropriated under section 5211— award not less than 3 grants under this section; wholly fund each grant awarded under this section, without making continuation awards; and fully obligate the funds appropriated for the purpose of awarding grants under this section in the fiscal year for which such grants are awarded; and midway through the grant period of each grant awarded under this section to a State entity, review the grant to determine whether the State entity will meet the agreed upon uses of funds in the State entity’s application, and if not, reallot the grant funds that will not be used for such agreed upon uses of funds to other State entities during the succeeding grant competition under this section. Each State entity receiving a grant under this section shall award subgrants under this section in a manner that, to the extent possible, ensures that such subgrants— are distributed throughout different areas, including urban, suburban, and rural areas; and will assist charter schools representing a variety of educational approaches. The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section 5210(1), if— the waiver is requested in an approved application under this section; and the Secretary determines that granting such a waiver will promote the purpose of this subpart. A State entity may not receive more than 1 grant under this section for a 5-year period. An eligible applicant may not receive more than 1 subgrant under this section per individual charter school for a 5-year period, unless the eligible applicant demonstrates to the State entity not less than 3 years of improved educational results in the areas described in subparagraphs
(A)and
(D)of section 5210(8) for students enrolled in such charter school. A State 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: A description of the State entity’s objectives under this section and how the objectives of the program will be carried out, including a description— of how the State entity— will support the opening of new charter schools, replicated, high-quality charter school models, or expanded, high-quality charter schools, and a description of the proposed number of each type of charter school or model, if applicable, to be opened under the State entity’s program; will inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; will work with eligible applicants to ensure that the eligible 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— participate in the Federal programs in which the schools and students are eligible to participate; receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; and meet the needs of students served under such programs, including student with disabilities and English learners; will have clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality schools; in the case in which the State entity is not a State educational agency— 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 will work with the State educational agency to adequately operate the State entity’s program under this section, where applicable; will ensure each eligible applicant that receives a subgrant under the State entity’s program to open and prepare to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school— will ensure such school or model meets the requirements under section 5210(1); and is prepared to continue to operate such school or model, in a manner consistent with the eligible applicant’s application, after the subgrant funds have expired; will support charter schools in local educational agencies with large numbers of schools identified by the State for improvement; will work with charter schools to promote inclusion of all students and support all students once they are enrolled to promote retention; will work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools, and to ensure such schools do not have in effect policies or procedures that may create barriers to enrollment of students, including educationally disadvantaged students, and are in compliance with all Federal and State laws on enrollment practices; will share best and promising practices between charter schools and other public schools, including, where appropriate, instruction and professional development in core academic subjects, and science, technology, engineering, and math education, including computer science; will ensure the charter schools receiving funds under the State entity’s program meet the educational needs of their students, including students with disabilities and English learners; will support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(E); in the case of a State entity not described in clause (xiv), will provide oversight of authorizing activity, including how the State will approve, actively monitor, and re-approve or revoke the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial management, and compliance with all applicable statutes and regulations; and in the case of a State entity defined in subsection (i)(4), will work with the State to provide assistance to and oversight of authorized public chartering agencies for authorizing activity described in clause (xiii); of the extent to which the State entity— is able to meet and carry out the priorities listed in subsection (f)(2); and is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools, replicated, high-quality charter school models, or expanded, high-quality charter schools; of how the State entity will carry out the subgrant competition, including— a description of the application each eligible applicant desiring to receive a subgrant will submit, including— a description of the roles and responsibilities of eligible applicants, partner organizations, and management organizations, including the administrative and contractual roles and responsibilities; 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, how a school’s performance in the State’s academic accountability system will be a primary factor for renewal or revocation of the school’s charter, and how the State entity and the authorized public chartering agency involved will reserve the right to revoke or not renew a school’s charter based on financial, structural, or operational factors involving the management of the school; a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school receiving funds under the State entity’s program; and a description of the planned activities and expenditures for the subgrant funds for purposes of opening and preparing to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school, and how the school or model will maintain financial sustainability after the end of the subgrant period; and a description of how the State entity will review applications; in the case of an entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, of the roles and responsibilities of this partner; of how the State entity will help the charter schools receiving funds under the State entity’s program consider the transportation needs of the schools’ students; and of how the State entity will support diverse charter school models, including models that serve rural communities. Assurances, including a description of how the assurances will be met, that— each charter school receiving funds under the State entity’s program will have a high degree of autonomy over budget and operations; the State entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(x); the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program— adequately monitors each charter school in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and English learners; and ensures that each charter school solicits and considers input from parents and other members of the community on the implementation and operation of the school; the State entity will provide adequate technical assistance to eligible applicants to— meet the objectives described in clauses
(vii)and
(viii)of paragraph (1)(A) and paragraph (2)(B); and recruit, enroll, and retain traditionally underserved students, including students with disabilities and English learners, at rates similar to traditional public schools; the State entity will promote quality authorizing, such as through providing technical assistance and supporting all authorized public chartering agencies in the State to improve the oversight of their charter schools, including by— assessing annual performance data of the schools, including, as appropriate, graduation rates and student academic growth; 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; and holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; the State entity will work to ensure that charter schools are included with the traditional public schools in decision-making about the public school system in the State; and the State entity will ensure that each charter school in the State make publicly available, consistent with the dissemination requirements of the annual State report card, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for the groups of students described in section 1111(b)(2)(C)(v)(II). A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State 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 or, in the case of a State entity defined in subsection (i)(4), a description of how the State entity will work with the State to request necessary waivers where applicable. The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (e), after taking into consideration— the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under the law; the ambitiousness of the State entity’s objectives for the quality charter school program carried out under this section; the quality of the strategy for assessing achievement of those objectives; the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students; the State entity’s plan to— adequately monitor the eligible applicants receiving subgrants under the State entity’s program; work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and provide adequate technical assistance and support for— the charter schools receiving funds under the State entity’s program; and quality authorizing efforts in the State; and the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of the charter schools in the State. In awarding grants under this section, the Secretary shall give priority to State entities to the extent that they meet the following criteria: In the case of a State entity located in a State that allows an entity other than a local educational agency to be an authorized public chartering agency, the State has a quality authorized public chartering agency that is an entity other than a local educational agency. The State entity is located in a State that does not impose any limitation on the number or percentage of charter schools that may exist or the number or percentage of students that may attend charter schools in the State. 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. 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. 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. The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. The State entity authorizes all charter schools in the State to serve as school food authorities. The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening and preparing to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school, such as— preparing teachers and school leaders, including through professional development; acquiring equipment, educational materials, and supplies; and necessary renovations and minor facilities repairs (excluding construction). Each State 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— the number of students served by each subgrant awarded under this section and, if applicable, how many new students were served during each year of the subgrant period; the progress the State entity made toward meeting the priorities described in subsection (f)(2), as applicable; how the State entity met the objectives of the quality charter school program described in the State entity’s application under subsection (e); how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; how the State entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools that received subgrants under this section; and the number of subgrants awarded under this section to carry out each of the following: The opening of new charter schools. The opening of replicated, high-quality charter school models. The opening of expanded, high-quality charter schools. For purposes of this section, the term State entity means— a State educational agency; a State charter school board; a Governor of a State; or a charter school support organization. .
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Sec. 5
Grants to support high-quality charter schools
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