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: Subject to paragraph (2), from the amount reserved under 5202(b)(5), the Secretary shall award grants to covered entities having applications approved pursuant to subsection
(f)to enable such entities to— award subgrants to eligible applicants for— opening new charter schools; replicating high-quality charter school models; or expanding 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. In the case in which a covered entity that is a State educational agency elects not to receive a grant under this section or does not have an application approved under subsection (f), the Secretary may award a grant to an eligible applicant that— serves such State; submits an application to the Secretary that would be approved pursuant to section 5205(c) if such eligible applicant were to apply for a grant under such section; and has not received a grant under such section 5205(c). A covered entity receiving a grant under this section shall— use 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the covered entity’s application approved pursuant to subsection (f), for the purposes described in clauses
(i)through
(iii)of subsection (a)(1)(A); and reserve 10 percent of such funds to carry out the activities described in subsection (a)(1)(B), of which not more than 30 percent may be used for administrative costs which may include technical assistance. A covered 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. A grant awarded by the Secretary to a covered entity under this section shall be for a period of not more than 3 years, except that the covered entity may, at the discretion of the Secretary, continue to expend grant funds after the end of such 3-year period to award subgrants in accordance with subsection (b)(1)(A) . A subgrant awarded by a covered entity to an eligible applicant under this section shall be for a period of not more than 3 years. The Secretary, and each covered entity receiving a grant under this section, shall use a peer review process to review applications for assistance under this section. The Secretary shall ensure that the number of grants awarded under this section and the award amounts will allow for a sufficient number of new grants to be awarded under this section for each succeeding fiscal year. Each covered 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) or to an applicable civil rights requirement, 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 covered entity may not receive more than 1 grant under this section, unless the entity— for each charter school supported under the first grant received under this section, provides aggregate data demonstrating that the students enrolled in the charter school have experienced demonstrated improvement in academic achievement; and demonstrates that the funds provided under the additional grant will be awarded to replicate high-quality charter school models or expand high-quality charter schools. A charter school may not receive funds from more than 1 subgrant awarded to an eligible applicant under this section. A covered 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 covered entity’s objectives in carrying out a quality charter school program under this section and how the objectives of the program will be carried out, including a description— of how the entity— will support both new charter school startup and the expansion and replication of high-quality charter school models; 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 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; and receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; in the case in which the 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 entity’s program under this section, where applicable; will ensure eligible applicants that receive a subgrant under the entity’s program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired; will support charter schools participating in the entity’s program and that are in local educational agencies with large numbers of schools that must comply with the requirements of section 1116(b); will work with charter schools participating in the entity’s program to promote inclusion of all students and support all students once they are enrolled to promote retention; will work with such charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools; will share best and promising practices between charter schools and other public schools, including, where appropriate, instruction and professional development in science, math, technology, and engineering education; will ensure the charter schools they support can meet the educational needs of their students, including students with disabilities and limited English proficient students; and will support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(E); of the extent to which the 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, replication of high-quality charter school models, and the expansion of high-quality charter schools; of how the 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, and how a school’s performance on the State’s accountability system established under section 1111(b)(2)(A) will be a primary factor for renewal; and a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the planning, implementation, and operation of each charter school receiving funds under the entity’s program; and a description of how the entity will review applications; in the case of an entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, of the roles and responsibilities of this partner; of how the entity will support charter schools in providing for the transportation needs of their students; and of how the 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 entity’s program will have a high degree of autonomy over budget and operations; the entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(x); the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— ensures that each charter school is meeting the obligations under this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ), and title IX of the Education Amendments of 1972; adequately monitors and hold accountable each charter school with respect to recruiting, enrolling, and meeting the needs of all students, including students with disabilities and limited English proficient students; ensures that each charter school provides substantive outreach to students from low-income families in its plans to open new charter schools, replicate high-quality charter school models, or expand existing high-quality charter schools; 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 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 enroll traditionally underserved students, including students with disabilities and limited English proficient students, to promote an inclusive education environment; the entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State to improve the monitoring of their charter schools, including by— assessing annual performance data of the schools, including, as appropriate, graduation rates and student growth; and reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publicly reported; the entity will work to ensure that charter schools are included with the traditional public local educational agencies in decision-making about the public school system in the State; and the entity will ensure that each charter school in the State make publicly available, consistent with the dissemination requirements of the annual State report card, the information parents need to make informed decisions about the educational 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, meeting the requirements of subparagraphs
(A)and
(B)of section 5203(c)(5), for waivers of any Federal statutory or regulatory provisions that the entity believes are necessary for the successful operation of the charter schools that will receive funds under the 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. The Secretary shall award grants under this section to covered entities on the basis of the quality of the applications submitted under subsection (e), after taking into consideration— for covered entities described in paragraphs
(1)and
(3)of subsection (i)— the degree of flexibility afforded by the State’s public charter school law and how the entity will work to maximize the flexibility provided to charter schools under the law; the ambitiousness of the 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 proposed number of new charter schools to be opened, and the proposed number of high-quality charter schools to be replicated or expanded under the program; the entity’s plan to— adequately monitor the eligible applicants receiving subgrants under the entity’s program; and work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; the entity’s plan to provide adequate technical assistance, as described in the entity’s application under subsection
(e), for the eligible applicants receiving subgrants under the entity’s program under this section; the entity’s plan to support quality authorizing efforts in the State, consistent with the objectives described in clause
(ii); and the 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; for covered entities described in paragraphs
(2)and
(4)of subsection (i)— the ambitiousness of the 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 entity’s program will meet those objectives and improve educational results for students; the proposed number of new charter schools to be opened, and the proposed number of high-quality charter schools to be replicated or expanded under the program; the entity’s plan to adequately monitor the eligible applicants receiving subgrants under the entity’s program; the entity’s plan to provide adequate technical assistance, as described in the entity’s application under subsection (e), for the eligible applicants receiving subgrants under the entity’s program under this section; the extent to which the entity has policies and procedures to ensure that charter schools in the area served by the entity— have equitable access to facilities available to other public schools in such area; or are not denied access to available public school facilities in such area; and the extent to which the entity demonstrates support for public school choice and provides parents with information regarding charter school alternatives; and for covered entities described in subsection (i)(2), in addition to taking into consideration the items described in clauses
(i)through
(viii)of subparagraph (B), the entity’s record of success in authorizing and supporting high-quality charter schools. In awarding grants under this section, the Secretary shall give priority to covered entities to the extent that such entities meet the following criteria: For covered entities described in paragraphs
(1)and
(3)of subsection (i): The entity is located in a State that has a quality authorized public chartering agency that is an entity other than a local educational agency. The 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 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 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 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 entity demonstrates quality policies and practices to support and monitor charter schools through factors including— the proportion of high-quality charter schools in the State; and the proportion of charter schools enrolling, at a rate similar to traditional public schools, traditionally underserved students, including students with disabilities and limited English proficient students. The entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. The entity authorizes all charter schools in the State to serve as school food authorities. The entity is located in a State that authorizes any charter school to be a local educational agency in accordance with State law. The entity is located in a State that allows appeals of decisions of authorized public chartering agencies. The entity is located in a State that funds local educational agencies based on an average daily enrollment or attendance count or based on more than one annual enrollment count. The entity is located in a State with a law or policy such that per pupil revenues are shared between local educational agencies to reflect split student enrollment in 2 or more part-time educational programs operated or authorized by different local educational agencies. The entity has taken steps to ensure that all authorized public chartering agencies implement practices that comply with nationally recognized best practices for quality charter school authorizing. The entity has policies and procedures to ensure that charter schools identified as failing under the accountability system established under section 1111(b)(2)(A) of the State in which the entity is located are closed, do not have their charters renewed, or are not otherwise allowed to continue operating, except in special circumstances determined by the State for charter schools— designated through a State system as alternative education programs with an explicit mission to serve students who have failed in traditional systems or large proportions of extremely at-risk students, such as students with moderate to profound disabilities or incarcerated youth; and that are required to comply with the accountability system established under section 1111(b)(2)(A) of the State. For covered entities described in paragraphs
(2)and
(4)of subsection (i): The entity does not impose, to the extent allowable under State law, 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. The entity provides, to the extent allowed under State law, equitable financing, as compared to traditional public schools, for charter schools and students who attend such schools in a prompt manner. The entity demonstrates quality policies and practices to support and monitor charter schools through factors, including the proportion of charter schools enrolling, at a rate similar to traditional public schools, traditionally underserved students, including students with disabilities and limited English proficient students. The entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. The entity authorizes all charter schools it authorizes to serve as school food authorities to the extent allowed under State law. The entity has taken steps to ensure that it complies with nationally recognized best practices for quality charter school authorizing. The entity ensures that charter schools identified as failing under the accountability system established under section 1111(b)(2)(A) of the State in which the entity is located are closed, do not have their charter renewed, or are otherwise allowed to continue operating, except in special circumstances determined by the State for charter schools— designated through a State system as alternative education programs with an explicit mission to serve students who have failed in traditional systems or large proportions of extremely at-risk students, such as students with moderate to profound disabilities or incarcerated youth; and that are required to comply with the accountability system established under section 1111(b)(2)(A) of the State. The entity has authorized not less than 3 high-quality charter schools. An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools, replicate high-quality charter school models, or expand existing high-quality charter schools, which may include— securing a school building through lease or purchase and providing the necessary renovations to ensure a strong school opening or to meet the needs of increased student enrollment; paying startup costs associated with hiring teachers to ensure strong school starts; providing transportation to students to and from charter schools opened, replicated, or expanded under this subsection, but only in the case of an applicant that demonstrates the capability to continue providing such transportation after the expiration of the subgrant funds; purchasing instructional materials, implementing teacher and principal professional development programs, and hiring additional other staff for such charter schools; and supporting any other necessary startup and expansion activities with respect to such charter schools. Each covered entity receiving a grant under this section shall submit to the Secretary, at the end of each year of the 3-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 number of subgrants awarded under this section to carry out each of the following— the opening of new charter schools; the replication of high-quality charter school models; and the expansion of high-quality charter schools; the progress the entity made toward meeting the priorities described in subsection (f)(2), as applicable; how the entity met the objectives of the quality charter school program described in the entity’s application under subsection (e); how the entity complied with, and ensured that eligible applicants complied with, the assurances described in the entity’s application; and how the 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. For purposes of this section, the term covered entity means— a State educational agency; an authorized public chartering agency that is located in a State in which neither the State educational agency nor the Governor of the State has received a grant under this section; a Governor of a State; or a local educational agency that— is not a charter school that is considered a local educational agency under State law; and is located in a State in which neither the State educational agency nor the Governor of the State has received a grant under this section. .
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Sec. 5
Grants to support high-quality charter schools
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