Sec. 4. Charter schools authorized

573 words·~3 min read·/bill/116/hr/4586/ih/section-4

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The Bureau of Indian Education is authorized to approve and fund a Bureau-Funded Charter School at any school operated or funded by the Bureau of Indian Education. Tribes are authorized to use existing Bureau of Indian Education facilities for the operation, management, and expansion of grades in Bureau-funded charter schools, as defined in section 4(d)(1). Funds dispersed to tribes under this section may be used for subcontracts with a tribal organization or developer to manage or operate Bureau-funded charter schools.

In this section: The term Bureau-Funded Charter School means a school that— is approved by the Tribal government where the school operates and is approved and funded by the Bureau of Indian Education; is exempt from significant Federal, State, or local rules that inhibit the flexible operation and management of Bureau-funded schools, but not from any rules relating to the other requirements of this paragraph; is created by a developer as a Bureau-funded school, or is adapted by a developer from an existing Bureau-funded school; operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by each Tribe served and the Bureau of Indian Education; provides a program of elementary or secondary education, or both; is not affiliated with a sectarian school or religious institution; does not charge tuition; 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 1232g of this title (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.); is a school to which parents choose to send their children, and that— admits students on the basis of a lottery, consistent with section 4303(c)(3)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221b(c)(3)(A) ), if more students apply for admission than can be accommodated; or automatically enrolls students who are enrolled in the immediate prior grade level of Bureau-funded schools 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 clause (i); agrees to comply with the same Federal audit requirements as do other Bureau-funded schools, unless such Federal audit requirements are waived by the Bureau of Indian Education; meets all applicable Federal health and safety requirements; operates in accordance with Federal law; has a written performance contract with the Bureau of Indian Education that includes a description of how student performance will be measured in charter schools pursuant to assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the Bureau of Indian Education, tribe(s) served, and the charter school; and may serve students in early childhood education programs.

The term developer means an individual or group of individuals (including a public, private, or tribal 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.

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Sec. 4

Charter schools authorized

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