Sec. 5. Grants to support high-quality charter schools
2,728 words·~12 min read·
/bill/113/s/2304/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5203 ( 20 U.S.C. 7221b ) is amended to read as follows: For purposes of this section, the term State entity means— a State educational agency; a State charter school board; a Governor of a State; or a charter school support organization. From the amount available under section 5202(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection
(f)to enable such entities to— award subgrants to eligible applicants— to open new charter schools; to replicate high-quality charter schools; or to expand high-quality charter schools; and provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph
(1)and work with authorized public chartering agencies in the State to improve authorizing quality. A State entity receiving a grant under this section shall— use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the entity's application pursuant to subsection (f), for the purposes described in subparagraphs
(A)through
(C)of subsection (b)(1); reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and reserve not more than 3 percent of such funds for administrative costs, which may include the administrative costs of providing technical assistance. A State entity may use a grant received under this section to carry out the activities described in subparagraph
(A)of paragraph
(1)directly or through grants, contracts, or cooperative agreements. Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or State entities from awarding subgrants to eligible applicants, that use a weighted lottery, or an equivalent lottery mechanism, to give better chances for school admission to all or a subset of educationally disadvantaged students if— the use of a weighted lottery in favor of such students is not prohibited by State law, and such State law is consistent with the laws described in subparagraph
(G)of section 5210(2); and such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students. A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for 1 additional 2-year period. 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; and may be renewed by the State entity for 1 additional 2-year period. The Secretary, and each State entity awarding subgrants under this section, shall use a peer review process to review applications for assistance under this section. Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— prioritize eligible applicants that plan to serve a significant number of students from low-income families; 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(2), if— the waiver is requested in an approved application under this section; and the Secretary determines that granting such a waiver will promote the purposes of this subpart. A State entity may not receive more than 1 grant under this section at a time. An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for each grant period or renewal period, unless the eligible applicant demonstrates to the State entity that the charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs
(A)and
(D)of section 5210(8). 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 State entity will— support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools, and the proposed number of charter schools to be opened, replicated, or expanded under the State entity’s program; inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by such applicants and the students attending those 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 of a State entity that is not a State educational agency— 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 work with the State educational agency to operate the State entity’s program under this section, if applicable; ensure each eligible applicant that receives a subgrant under the State entity’s program— is opening or expanding schools that meet the definition of a charter school under section 5210(2); and is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available; support charter schools in local educational agencies with large numbers of schools that have been identified by the State for improvement; work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school; work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to attend charter schools; share best and promising practices among charter schools and other public schools; ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including students with disabilities and students who are limited English proficient; and support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D) ; a description of how the State will actively monitor and hold authorized public chartering agencies accountable to ensure high-quality authorizing activity, including by establishing authorizing standards and by approving, re-approving, and revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial management, and compliance with all applicable statutes; a description of the extent to which the State entity— is able to meet and carry out the priorities described in subsection (g)(2); and is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools; a description of how the State entity will award subgrants, on a competitive basis, including— a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— a description of the roles and responsibilities of eligible applicants and of any charter management organizations or other organizations with which the eligible applicant will partner to open charter schools, including 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 academic accountability system and impact on student achievement, which may include student growth, will be primary factors for renewal or revocation of the school’s charter; and a description of how the autonomy and flexibility granted to the charter school are consistent with the definition of a charter school in section 5210(2); and a description of the planned activities and expenditures of subgrant funds for purposes of opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, and how the charter school will maintain financial sustainability after the end of the subgrant period; and a description of how the State entity will review applications from eligible applicants; in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; and a description of how the State entity will help the charter schools receiving funds under the State entity’s program address the transportation needs of the schools’ students. Assurances that— each charter school receiving funds through the State entity’s grant program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x) ; the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— ensures that each charter school under the authority of such agency is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and students who are limited English proficient; the State entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State in improving the monitoring of the charter schools authorized by such agency, including by— using annual performance data, which may include graduation rates and student academic growth data, as appropriate, to measure a school's progress toward becoming a high-quality charter school; reviewing the schools' independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; and the State entity will ensure that each charter school in the State makes publicly available, consistent with the dissemination requirements of the annual State report card, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for the groups of students described in section 1111(b)(2)(C)(v)(II). A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request necessary waivers, if applicable. The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection
(f), after taking into consideration— the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under the law; the proposed number of new charter schools to be opened, and, if applicable, the number of high-quality charter schools to be replicated or expanded under the program, and the number of new students to be served by such schools; the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school's students and progress toward becoming high-quality charter schools; and the quality of the State entity’s plan to— monitor the eligible applicants receiving subgrants under the State entity’s program; and provide technical assistance and support for— the eligible applicants receiving subgrants under the State entity’s program; and quality authorizing efforts in the State. In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: The State entity is located in a State that— allows at least one entity that is not a local educational agency to be an authorized public chartering agency for each developer seeking to open a charter school in the State; or in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school. The State entity is located in a State that ensures that charter schools receive equitable financing, as compared to traditional public schools, in a prompt manner. The State entity is located in a State that provides charter schools one or more of the following: Funding for facilities. Assistance with facilities acquisition. Access to public facilities. The ability to share in bonds or mill levies. The right of first refusal to purchase public school buildings. Low- or no-cost leasing privileges. 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 supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. The State entity ensures that each charter school has a high degree of autonomy over the charter school’s budget and operations, including autonomy over personnel decisions. The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, which may include— supporting the acquisition, expansion, or preparation of a charter school building to meet increasing enrollment needs, including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations; paying costs associated with hiring additional teachers to serve additional students; providing transportation to students to and from the charter school; providing instructional materials, implementing teacher and principal professional development programs, and hiring additional non-teaching staff; and supporting any necessary activities that assist the charter school in carrying out the purposes of this section, such as preparing individuals to serve as members of the charter school’s board. Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the grant period and at the end of any renewal period, a report that includes the following: The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the subgrant period. The number and amount 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 schools. The expansion of high-quality charter schools. The progress the State entity made toward meeting the priorities described in subsection (g)(2), as applicable. A description of— how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; and how the State entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools that received subgrant funds, if applicable. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 5
Grants to support high-quality charter schools
Cites 1Cited by 0 across 0 sources