Sec. 301. Parental engagement and local flexibility
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Title III ( 20 U.S.C. 6801 et seq. ) is amended to read as follows: It is the purpose of this subpart to— improve the United States education system and educational opportunities for all Americans by supporting innovation in public education in public school settings that prepare students to compete and contribute to the global economy; provide financial assistance for the planning, program design, and initial implementation of charter schools; expand the number of high-quality charter schools available to students across the Nation; evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; improve student services to increase opportunities for students with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, and evaluation of such schools.
From the amounts appropriated under section 3(c)(1)(A), the Secretary shall carry out a charter school program under this subpart that supports charter schools that serve elementary school and secondary school students by— supporting the startup, replication, and expansion of charter schools; assisting charter schools in accessing credit to acquire and renovate facilities for school use; and carrying out national activities to support— charter school development; the dissemination of best practices of charter schools for all schools; and the evaluation of the impact of the program on schools participating in the program.
From the amount made available under section 3(c)(1)(A) for a fiscal year, the Secretary shall— reserve 15 percent to support charter school facilities assistance under section 3104; reserve not more than 5 percent to carry out national activities under section 3105; and use the remaining amount after the Secretary reserves funds under paragraphs
(1)and
(2)to carry out section 3103. The recipient of a grant or subgrant under this subpart or subpart 2, as such subpart was in effect on the day before the date of enactment of the Student Success Act, shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. From the amount reserved under section 3102(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 new charter schools; opening replicable, 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. A State 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 entity’s application approved pursuant to subsection (f), for the purposes described in subparagraphs
(A)through
(C)of subsection (a)(1); and reserve 10 percent of such funds to carry out the activities described in subsection (a)(2), of which not more than 30 percent may be used 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. 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 3 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 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 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 without requiring the adoption of any unrelated requirements over which the Secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section 5101(3), 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 for an individual charter school for a 3-year period. 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 in running 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 in local educational agencies with large numbers of schools implementing requirements under the State’s school improvement system under section 1111(b)(3)(B)(iii); 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; 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 receiving funds under the entity’s program can meet the educational needs of their students, including students with disabilities and English learners; 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 and replicable, 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 in the State’s academic accountability system will be a primary factor for renewal or revocation of the school’s charter; and 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 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 help the charter schools receiving funds under the entity’s program consider the transportation needs of the schools’ 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, including personnel; 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, and title IX of the Education Amendments of 1972; adequately monitors and helps 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 entity will provide adequate technical assistance to eligible applicants to— meet the objectives described in clauses (vii), (viii), and
(x)of paragraph (1)(A); and enroll traditionally underserved students, including students with disabilities and English learners, 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 publically reported; the 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; 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 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)(3)(B)(ii)(II); the entity will ensure that each charter school provides substantive outreach to students from low-income families and other underserved populations in its plans to open new charter schools, replicate high-quality charter school models, or expand existing high-quality charter schools; and the entity will allow per pupil revenues to 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. A request and justification 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 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 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 subparagraph (B); 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. 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 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 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 English learners. 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. An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools, open replicable, high-quality charter school models, or expand existing high-quality charter schools, which may include:
(1)paying costs associated with preparing teachers to ensure strong school starts;
(2)purchasing instructional materials and implementing teacher and principal professional development programs; and
(3)providing the necessary renovations and minor facilities repairs, excluding construction, to ensure a strong school opening or to meet the needs of increased student enrollment. 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 under 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 opening of replicable, 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 and how such agencies worked with the management company or leadership of the schools that received subgrants under this section. 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 support organization. The Secretary shall not use less than 50 percent of the amount reserved under section 3102(b)(1) to award grants to eligible entities that have the highest-quality applications approved under subsection (d), after considering the diversity of such applications, to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. For purposes of this section, the term eligible entity means— a public entity, such as a State or local governmental entity; a private nonprofit entity; or a consortium of entities described in subparagraphs
(A)and (B). The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. Grants under subsection
(a)shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. To receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. An application submitted under paragraph
(1)shall contain— a statement identifying the activities proposed to be undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; a description of the involvement of charter schools in the application’s development and the design of the proposed activities; a description of the eligible entity’s expertise in capital market financing; a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of Federal, State, or local government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection
(f)to assist one or more charter schools to access private sector capital to accomplish one or more of the following objectives: The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. The predevelopment costs required to assess sites for purposes of paragraph
(1)or
(2)and which are necessary to commence or continue the operation of a charter school. To assist charter schools to accomplish the objectives described in subsection (e), an eligible entity receiving a grant under subsection
(a)shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection
(a)(other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). Guaranteeing and insuring leases of personal and real property for an objective described in subsection (e). Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). Funds received under this section and deposited in the reserve account established under paragraph
(1)shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. Any earnings on funds received under subsection
(a)shall be deposited in the reserve account established under paragraph
(1)and used in accordance with such paragraph. An eligible entity may use not more than 2.5 percent of the funds received under subsection
(a)for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). The financial records of each eligible entity receiving a grant under subsection
(a)shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. Each eligible entity receiving a grant under subsection
(a)annually shall submit to the Secretary a report of its operations and activities under this section. Each annual report submitted under subparagraph
(A)shall include— a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph
(1)during the reporting period; an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection
(a)in leveraging private funds; a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k)) during the reporting period. The Secretary shall review the reports submitted under subparagraph
(A)and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in subsection (f)(1). The Secretary shall not exercise the authority provided in paragraph
(1)to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). The provisions of sections 451, 452, and 458 of the General Education Provisions Act ( 20 U.S.C. 1234 , 1234a, and 1234g) shall apply to the recovery of funds under paragraph (1). This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ). In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— that is dedicated solely for funding charter school facilities; or a portion of which is dedicated for funding charter school facilities. From the amount reserved under section 3102(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering per-pupil facilities aid programs. The Secretary shall award grants under this subsection for periods of not more than 5 years. The Federal share of the cost described in subparagraph
(A)for a per-pupil facilities aid program shall be not more than— 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; 80 percent in the second such year; 60 percent in the third such year; 40 percent in the fourth such year; and 20 percent in the fifth such year. A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering the per-pupil facilities aid program. A State may receive more than 1 grant under this subsection, so long as the amount of such funds provided to charter schools increases with each successive grant. A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. Funds made available under this subsection shall be used to supplement, and not supplant, State, and local public funds expended to provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. No State may be required to participate in a program carried out under this subsection. Except as provided in clause (ii), to be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— is specified in State law; and provides annual financing, on a per-pupil basis, for charter school facilities. Notwithstanding clause (i), a State that is required under State law to provide its charter schools with access to adequate facility space, but which does not have a per-pupil facilities aid program for charter schools specified in State law, may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. From the amount reserved under section 3102(b)(2), the Secretary shall— use not less than 50 percent of such funds to award grants in accordance with subsection (b); and use the remainder of such funds to— disseminate technical assistance to State entities in awarding subgrants under section 3103, and eligible entities and States receiving grants under section 3104; disseminate best practices; and evaluate the impact of the charter school program, including the impact on student achievement, carried out under this subpart. The Secretary shall make grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 3102(a)(1), subparagraphs
(A)through
(C)of section 3103(a)(1), and section 3103(g). Except as otherwise provided in this subsection, grants awarded under this subsection shall have the same terms and conditions as grants awarded to State entities under section 3103. For purposes of this subsection, the term eligible applicant means an eligible applicant that desires to open a charter school in— a State that did not apply for a grant under section 3103; a State that did not receive a grant under section 3103; or a State that received a grant under section 3103 and is in the 4th or 5th year of the grant period for such grant. The Secretary may carry out any of the activities described in this section directly or through grants, contracts, or cooperative agreements. 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 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. 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. 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. 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, regulations, or nonregulatory guidance required to implement this subpart, as well as in the development of any rules, regulations, or nonregulatory guidance relevant to charter schools that are required to implement part A of title I, the Individuals with Disabilities Education Act, or any other program administered by the Secretary that provides education funds to charter schools or regulates the activities of charter schools. State educational agencies and local educational agencies, as quickly as possible and 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(14) of the Individuals with Disabilities Education Act, 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. To the extent practicable, the Secretary and each authorized public chartering agency shall ensure that implementation of this subpart results in a minimum of paperwork for any eligible applicant or charter school. In this subpart: The term authorized public chartering agency means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school. The term charter support organization means a nonprofit, nongovernmental entity that provides, on a statewide or regional basis— assistance to developers during the planning, program design, and initial implementation of a charter school; and technical assistance to operate charter schools. The term developer means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. The term eligible applicant means a developer that has— applied to an authorized public chartering authority to operate a charter school; and provided adequate and timely notice to that authority. The term expansion of a high-quality charter school means to significantly increase the enrollment of, or add one or more grades to, a high-quality charter school. The term high-quality charter school means a charter school that— shows evidence of strong academic results, which may include strong academic growth as determined by a State; has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; has demonstrated success in significantly increasing student academic achievement and attainment for all students served by the charter school; and has demonstrated success in increasing student academic achievement for the groups of students described in section 1111(b)(3)(B)(ii)(II), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. The term replicable, high-quality charter school model means a high-quality charter school that has the capability of opening another such charter school under an existing charter. The purpose of this subpart is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies for— the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegregation in public schools; the development and implementation of magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet State academic standards; the development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public secondary schools and public educational programs; courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable career, technical, and professional skills of students attending such schools; improving the ability of local educational agencies, including through professional development, to continue operating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and ensuring that students enrolled in the magnet school programs have equitable access to a quality education that will enable the students to succeed academically and continue with postsecondary education or employment. For the purpose of this subpart, the term magnet school means a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. From the amount appropriated under section 3(c)(1)(B), the Secretary, in accordance with this subpart, is authorized to award grants to eligible local educational agencies, and consortia of such agencies where appropriate, to carry out the purpose of this subpart for magnet schools that are— part of an approved desegregation plan; and designed to bring students from different social, economic, ethnic, and racial backgrounds together. A local educational agency, or consortium of such agencies where appropriate, is eligible to receive a grant under this subpart to carry out the purpose of this subpart if such agency or consortium— is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or without having been required to do so, has adopted and is implementing, or will, if a grant is awarded to such local educational agency, or consortium of such agencies, under this subpart, adopt and implement a plan that has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority-group-segregated children or faculty in such schools. An eligible local educational agency, or consortium of such agencies, desiring to receive a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each application submitted under subsection
(a)shall include— a description of— how a grant awarded under this subpart will be used to promote desegregation, including how the proposed magnet school programs will increase interaction among students of different social, economic, ethnic, and racial backgrounds; the manner and extent to which the magnet school program will increase student academic achievement in the instructional area or areas offered by the school; how the applicant will continue the magnet school program after assistance under this subpart is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this subpart cannot be continued without the use of grant funds under this subpart; how grant funds under this subpart will be used— to improve student academic achievement for all students attending the magnet school programs; and to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; and the criteria to be used in selecting students to attend the proposed magnet school program; and assurances that the applicant will— use grant funds under this subpart for the purposes specified in section 3121; employ effective teachers in the courses of instruction assisted under this subpart; not engage in discrimination based on race, religion, color, national origin, sex, or disability in— the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and designing or operating extracurricular activities for students; carry out a quality education program that will encourage greater parental decisionmaking and involvement; and give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. No grant shall be awarded under this subpart unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be met. In awarding grants under this subpart, the Secretary shall give priority to applicants that— demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; propose to carry out new magnet school programs, or significantly revise existing magnet school programs; propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and propose to serve the entire student population of a school. Grant funds made available under this subpart may be used by an eligible local educational agency, or consortium of such agencies— for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; for the acquisition of books, materials, and equipment, including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools; for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, and instructional staff where applicable, who are necessary to conduct programs in magnet schools; with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that— are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; and further the purpose of this subpart; for activities, which may include professional development, that will build the recipient’s capacity to operate magnet school programs once the grant period has ended; to enable the local educational agency, or consortium of such agencies, to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program; and to enable the local educational agency, or consortium of such agencies, to have flexibility in designing magnet schools for students in all grades. Grant funds under this subpart may be used for activities described in paragraphs
(2)and
(3)of subsection
(a)only if the activities are directly related to improving student academic achievement based on the State’s academic standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving career, technical, and professional skills. A grant under this subpart shall be awarded for a period that shall not exceed 3 fiscal years. A local educational agency, or consortium of such agencies, may expend for planning (professional development shall not be considered to be planning for purposes of this subsection) not more than 50 percent of the grant funds received under this subpart for the first year of the program and not more than 15 percent of such funds for each of the second and third such years. No local educational agency, or consortium of such agencies, awarded a grant under this subpart shall receive more than $4,000,000 under this subpart for any 1 fiscal year. To the extent practicable, the Secretary shall award grants for any fiscal year under this subpart not later than July 1 of the applicable fiscal year. The Secretary may reserve not more than 2 percent of the funds appropriated under section 3(c)(1)(B) for any fiscal year to carry out evaluations, provide technical assistance, and carry out dissemination projects with respect to magnet school programs assisted under this subpart. Each evaluation described in subsection (a), at a minimum, shall address— how and the extent to which magnet school programs lead to educational quality and academic improvement; the extent to which magnet school programs enhance student access to a quality education; the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. The Secretary shall collect and disseminate to the general public information on successful magnet school programs. In any fiscal year for which the amount appropriated under section 3(c)(1)(B) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this subpart in the preceding fiscal year. The purposes of this subpart are the following: To provide financial support to organizations to provide technical assistance and training to State and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. To assist State educational agencies, local educational agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, school leaders, administrators, and other school personnel in meeting the educational needs of children and fostering greater parental engagement. To support State educational agencies, local educational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their children’s school in order to further the developmental progress of children. To coordinate activities funded under this subpart with parent involvement initiatives funded under section 1118 and other provisions of this Act. To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education. From the amount appropriated under section 3(c)(1)(C), the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organizations), to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out, or carry out directly, parent education and family engagement in education programs. In awarding grants under this section, the Secretary shall, to the extent practicable, ensure that a grant is awarded for a Statewide Family Engagement Center in an amount not less than $500,000. Each statewide organization, or a consortium of such organizations, that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and including the information described in subsection (b). Each application submitted under subsection
(a)shall include, at a minimum, the following: A description of the applicant’s approach to family engagement in education. A description of the support that the Statewide Family Engagement Center that will be operated by the applicant will have from the State educational agency and any partner organization outlining the commitment to work with the center. A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes— management and governance; statewide leadership; or systemic services for family engagement in education. A description of the applicant’s demonstrated experience in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. A description of the steps the applicant will take to target services to low-income students and parents. An assurance that the applicant will— establish a special advisory committee, the membership of which includes— parents, who shall constitute a majority of the members of the special advisory committee; representatives of education professionals with expertise in improving services for disadvantaged children; representatives of local elementary schools and secondary schools, including students; representatives of the business community; and representatives of State educational agencies and local educational agencies; use not less than 65 percent of the funds received under this subpart in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students; operate a Statewide Family Engagement Center of sufficient size, scope, and quality to ensure that the Center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; ensure that the Center will retain staff with the requisite training and experience to serve parents in the State; serve urban, suburban, and rural local educational agencies and schools; work with— other Statewide Family Engagement Centers assisted under this subpart; and parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; use not less than 30 percent of the funds received under this subpart for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; provide assistance to State educational agencies and local educational agencies and community-based organizations that support family members in supporting student academic achievement; work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of services to address such needs; conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult time engaging with a school or local educational agency; and conduct outreach to low-income students and parents, including low-income students and parents who are not proficient in English. Grantees shall use grant funds received under this subpart, based on the needs determined under section 3143(b)(5)(I) , to provide training and technical assistance to State educational agencies, local educational agencies, and organizations that support family-school partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents— to assist parents in participating effectively in their children’s education and to help their children meet State standards, such as assisting parents— to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel; to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; to participate in the design and provision of assistance to students who are not making academic progress; to participate in State and local decisionmaking; to train other parents; and to help the parents learn and use technology applied in their children's education; to develop and implement, in partnership with the State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; and to develop and implement parental involvement policies under this Act. For each fiscal year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that a portion of the services provided by the organization or consortium is supported through non-Federal contributions, which may be in cash or in-kind. The Secretary shall reserve not more than 2 percent of the funds appropriated under section 3(c)(1)(C) to carry out this subpart to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordination of Statewide Family Engagement Centers. Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— having its employees or agents meet with a parent at a site that is not on school grounds; or working with another agency that serves children. Notwithstanding any other provision of this section— no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children. The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with local Indian nonprofit parent organizations to establish and operate Family Engagement Centers. The purpose of this part is to— provide local educational agencies with the opportunity to access funds to support the initiatives important to their schools and students to improve academic achievement, including protecting student safety; and provide nonprofit and for-profit entities the opportunity to work with students to improve academic achievement, including student safety. From the funds appropriated under section 3(c)(2) for any fiscal year, the Secretary shall reserve— not more than one-half of 1 percent for national activities to provide technical assistance to eligible entities in carrying out programs under this part; and not more than one-half of 1 percent for payments to the outlying areas and the Bureau of Indian Education, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part. From the funds appropriated under section 3(c)(2) for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under chapter B of subpart 1 of part A of title I for the preceding fiscal year bears to the amount all States received under that chapter for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. Each State that receives an allotment under this part shall reserve not less than 75 percent of the amount allotted to the State under subsection
(b)for each fiscal year for awards to eligible entities under section 3204. Each State that receives an allotment under subsection
(b)for each fiscal year shall reserve not less than 10 percent of the amount allotted to the State for awards to nongovernmental entities under section 3205. A State educational agency may reserve not more than 15 percent of the amount allotted to the State under subsection
(b)for each fiscal year for the following: Enabling the State educational agency— to pay the costs of developing the State assessments and standards required under section 1111(b), which may include the costs of working, at the sole discretion of the State, in voluntary partnerships with other States to develop such assessments and standards; or if the State has developed the assessments and standards required under section 1111(b), to administer those assessments or carry out other activities related to ensuring that the State’s schools and local educational agencies are helping students meet the State’s academic standards under such section. The administrative costs of carrying out its responsibilities under this part, except that not more than 5 percent of the reserved amount may be used for this purpose. Monitoring and evaluation of programs and activities assisted under this part. Providing training and technical assistance under this part. Statewide academic focused programs. Sharing evidence-based and other effective strategies with eligible entities. In order to receive an allotment under section 3202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; describes how the State educational agency will use funds reserved for State-level activities, including how, if any, of the funds will be used to support student safety; describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include reviewing how the proposed project will help increase student academic achievement; describes how the State educational agency will ensure that awards made under this part are— of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and in amounts that are consistent with section 3204(f); describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, and dissemination of evidence-based and other effective strategies; describes how the State educational agency will consider students across all grades when making these awards; an assurance that, other than providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised and will not exercise any influence in the decision-making process of eligible entities as to the expenditure of funds received by the eligible entities under this part; describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; contains an assurance that the State educational agency— will make awards for programs for a period of not more than 5 years; and will require each eligible entity seeking such an award to submit a plan describing how the project to be funded through the award will continue after funding under this part ends, if applicable; contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, State and local public funds expended to provide programs and activities authorized under this part and other similar programs; and an assurance that the State will support projects from each of the categories listed in section 3204(b)(1)(D) in awarding subgrants to local educational agencies. An application submitted by a State educational agency pursuant to subsection
(a)shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— give the State educational agency notice and an opportunity for a hearing; and notify the State educational agency of the finding of noncompliance, and, in such notification, shall— cite the specific provisions in the application that are not in compliance; and request additional information, only as to the noncompliant provisions, needed to make the application compliant. If the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— the expiration of the 45-day period beginning on the date on which the application is resubmitted; or the expiration of the 120-day period described in subsection (b). If the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. An application submitted by a State educational agency pursuant to subsection
(a)shall not be approved or disapproved based upon the activities for which the agency may make funds available to eligible entities under section 3204 if the agency’s use of funds is consistent with section 3204(b). A State that receives funds under this part for a fiscal year shall provide the amount made available under section 3202(c)(1) to eligible entities in accordance with this section. An eligible entity that receives an award under this part shall use the funds for activities that— are evidence-based; will improve student academic achievement; are allowable under State law; and focus on one or more projects from the following two categories: Supplemental student support activities such as before, after, or summer school activities, tutoring, and expanded learning time, but not including athletics or in-school learning activities. Activities designed to support students, such as academic subject specific programs (including computer science and other science, technology, engineering, and mathematics programs), including civic education, adjunct teacher programs, extended learning time programs, dual enrollment programs, and parent engagement, but not including activities to— support smaller class sizes or construction; or provide compensation or benefits to teachers, school leaders, other school officials, or local educational agency staff. An eligible entity that receives an award under this part shall ensure compliance with section 5501 (relating to participation of children enrolled in private schools). To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require, including the contents required by paragraph (2). Each application submitted under paragraph
(1)shall include— a description of the activities to be funded and how they are consistent with subsection (b), including any activities that will increase student safety; an assurance that funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant State, local, or non-Federal funds; an assurance that the community will be given notice of an intent to submit an application with an opportunity for comment, and that the application will be available for public review after submission of the application; and an assurance that students who benefit from any activity funded under this part shall continue to maintain enrollment in a public elementary or secondary school. In reviewing local applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall be limited to the likelihood that the project will increase student academic achievement. A State educational agency shall distribute funds under this part equitably among geographic areas within the State, including rural, suburban, and urban communities. A grant shall be awarded to all eligible entities that submit an application that meets the requirements of this section in an amount that is not less than $10,000, but there shall be only one award granted to any one local educational agency, but such award may be for multiple projects or programs with the local educational agency. Grants under this part may be awarded for a period of not more than 5 years. In this section, the term eligible entity means— a local educational agency in partnership with a community-based organization, business entity, or nongovernmental entity; a consortium of local educational agencies working in partnership with a community-based organization, business entity, or nongovernmental entity; a community-based organization in partnership with a local educational agency and, if applicable, a business entity or nongovernmental entity; or a business entity in partnership with a local educational agency and, if applicable, a community-based organization or nongovernmental entity. From the amount reserved under section 3202(c)(2) , a State educational agency shall award grants to nongovernmental entities, including public or private organizations, community-based or faith-based organizations, and business entities for a program or project to increase the academic achievement of public school students attending public elementary or secondary schools (or both) in compliance with the requirements in this section. Subject to the availability of funds, the State educational agency shall award a grant to each eligible applicant that meets the requirements in a sufficient size and scope to support the program. The State educational agency shall require an application that includes the following information: A description of the program or project the applicant will use the funds to support. A description of how the applicant is using or will use other State, local, or private funding to support the program or project. A description of how the program or project will help increase student academic achievement, including the evidence to support this claim. A description of the student population the program or project is targeting to impact, and if the program will prioritize students in high-need local educational agencies. A description of how the applicant will conduct sufficient outreach to ensure students can participate in the program or project. A description of any partnerships the applicant has entered into with local educational agencies or other entities the applicant will work with, if applicable. A description of how the applicant will work to share evidence-based and other effective strategies from the program or project with local educational agencies and other entities working with students to increase academic achievement. An assurance that students who benefit from any program or project funded under this section shall continue to maintain enrollment in a public elementary or secondary school. An eligible applicant receiving a grant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant. The State educational agency shall review the application to ensure that— the applicant is an eligible applicant; the application clearly describes the required elements in subsection
(b); the entity meets the matching requirement described in subsection
(c); and the program is allowable and complies with Federal, State, and local laws. If the application requests exceed the funds available, the State educational agency shall prioritize projects that support students in high-need local educational agencies and ensure geographic diversity, including serving rural, suburban, and urban areas. Not more than 1 percent of a grant awarded under this section may be used for administrative costs. Each recipient of a grant under section 3204 or 3 205 shall report to the State educational agency on— the success of the program in reaching the goals of the program; a description of the students served by the program and how the students’ academic achievement improved; and the results of any evaluation conducted on the success of the program. .
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