Sec. 7. Definitions; Transition; Caps; Authorization of approporations

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Title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7201 et seq. ) is further amended by striking sections 5110 and 5111 ( 20 U.S.C. 7221i ; 7221j), as redesignated by section 2(6) and inserting the following: The term charter school means a public school that— is afforded autonomy to test innovative educational approaches, consistent with the provisions of this Act, which local educational agencies consider promising; complies with the data collection, reporting, auditing, and disclosure provisions of this Act as well as those applicable to other public schools through other Federal, State, and local laws, regulations and policies; admits students on the basis of a lottery, if more students apply for admission than can be accommodated; in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in subparagraph (C); complies with the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), and part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); meets all applicable Federal, State, and local health and safety requirements; operates in accordance with State law; has a written performance contract with a charter school authorizer that includes— a description of how student performance will be measured on the basis of— State assessments that are required of other public schools; and any other assessments that are mutually agreeable to the charter school authorizer and the charter school; a requirement that student academic achievement and growth, for the students enrolled at the school as a whole and for each of the categories of students described in section 1111(b)(2)(C)(v) (except 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) will be used as a primary factor in decisions about the renewal or revocation of the charter, in addition to other criteria, as appropriate; the student academic achievement and growth and student retention goals, and, in the case of a high school, graduation rate goals for the students enrolled at the school as a whole and for each of the categories of students described in section 1111(b)(2)(C)(v) (except 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), and any other goals to be achieved by the end of the contract period; and the obligations and responsibilities of the charter school and the charter school authorizer; does not charge tuition; is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the charter school authorizer; provides 1 or more programs of elementary education, secondary education, or both, including early childhood education, and may also provide adult education, in accordance with State law; and is governed by a separate and independent board that exercises authority over 1 or more schools, including authority in the areas of governance, personnel, budget, schedule, and instructional program.

The term charter management organization means a nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources. The term charter school authorizer means a local educational agency or other public entity that has authority pursuant to State law and has been approved by the Secretary to authorize and approve a charter school, and that shall— develop and update regularly a districtwide multi-year school plan; monitor and assist charter schools in complying with applicable requirements, including data collection and public disclosure requirements and participation in the development of the districtwide multi-year school plan; establish criteria and processes that the charter school authorizer will use in monitoring the performance of each charter school authorized by the charter school authorizer, including interventions and any actions leading up to the revocation of a school’s charter if the charter school authorizer finds that such a revocation is necessary to protect the public interest; review the application and hold meaningful public hearings to gather input from the public and parents on applications to establish a charter school or convert another school to a public charter school; provide a statement on the impact of the charter school within the local educational agency; and in the case of a State with a cap on the number of public charter schools in the State— review and render a decision within 120 days of receipt of the application for a charter school (whether a new school or a conversion); and submit to the State educational agency the charter school authorizer's recommendation regarding approval of charter school applicants, in order to allow the State educational agency to conduct an expedited review to determine if the approval described in clause

(i)will violate the cap on the number of public charter schools in operation in the State. 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 districtwide multi-year school plan means a plan that— is developed and regularly updated, with meaningful public input from across the local educational agency; and takes into consideration projected demographic changes, criteria for new school openings or closings, and equitable geographic distribution of schools and students to ensure that all students have access to schools in their communities and a range of specialized programs. The term education management organization means a for-profit or nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources. The term eligible applicant means a developer that has— applied to a charter school authorizer to operate a charter school; and provided adequate and timely notice to that charter school authorizer. The term high-quality charter school means a charter school that— shows evidence of strong academic results, which may include strong student 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, including— graduation rates, where applicable, for all students served by the charter school; and graduation rates, where applicable, for each of the categories of students described in section 1111(b)(2)(C)(v), 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; has demonstrated community involvement during the development and operation of the school; and has had 3 successful consecutive annual audits that have not indicated fiscal difficulties, as determined by typical accounting standards. No new Federal grants under this part shall be awarded for a period of one year following the date of enactment of the Charter School Accountability Act of 2015, at which time the definition of eligible State educational agency under this part shall take effect. In awarding grants under this part, the Secretary may neither disadvantage nor advantage eligible State educational agency applicants based on whether the State— has a cap on the number of charter schools in the State; or expresses an intention to adopt such State charter school caps. There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 and for each of the 5 succeeding fiscal years. .

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