Empowering Parents through Quality Charter Schools Act - (Sec. 4) Revises subpart 1 (Charter School Programs) of part B (Public Charter Schools) of title V (Promoting Informed Parental Choice and Innovative Programs) of the Elementary and Secondary Education Act of 1965.
(Sec. 5) Replaces the current charter school grant program with a program awarding grants to state entities (state educational agencies, state charter school boards, or Governors) and, through them, subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools.
Requires grantees to use 10% of the grant funds to provide technical assistance to subgrantees and authorized public chartering agencies, and work with those agencies to improve the charter school authorization process.
Limits the duration of charter school grants and subgrants to no more than five years. Gives subgrantees no more than 18 months to plan and design their programs.
Limits grantees to no more than one grant over a five-year period. Limits subgrantees to no more than one subgrant per charter school over a five-year period, unless the subgrantee demonstrates at least three years of improved educational results for students enrolled in the applicable charter school.
Requires the Secretary of Education and each grantee to use a peer review process to review applications for charter school grants and subgrants.
Requires grantees to award subgrants in a manner that ensures, to the extent possible, that subgrants are distributed to different areas and assist charter schools representing a variety of educational approaches.
Permits the Secretary to waive certain statutory or regulatory requirements if the waiver is requested by a grant applicant and promotes the purpose of the Charter School program without tampering with what is definitionally required of charter schools.
Favors grant applicants to the extent that they are from states that: (1) have a quality authorized public chartering agency that is not a local educational agency (LEA), if the state allows entities other than LEAs to be authorized public chartering agencies; (2) do 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; (3) ensure equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner; and (4) use charter schools and best practices from charter schools to help improve struggling schools and LEAs. Favors grant applicants also to the extent that they: (1) partner with an organization experienced in developing management organizations to support charter school development; (2) effectively support and monitor charter schools; (3) support charter schools that support at-risk students; and (4) authorize all their charter schools to serve as school food authorities.
(Sec. 6) Subsumes subpart 2 (Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation) of part B of title V under subpart 1. (Under subpart 2 the Secretary awards grants to public entities and private nonprofit entities to demonstrate innovative means of enhancing credit to finance the acquisition, construction, or renovation of charter schools.)
Requires the Secretary to award credit enhancement grants to applicants that have the highest-quality applications, after considering the diversity of such applications. (Currently, the Secretary is required to award at least three grants, including at least one to a public entity, one to a private nonprofit entity, and one to a consortium of such entities, provided an application from each merits approval.)
Prohibits grant recipients from using more than 2.5% (currently, 0.25%) of their grant for administrative costs.
Revises the per-pupil facilities aid program (under which the Secretary makes competitive matching grants to states to provide per-pupil financing to charter schools) to allow states to: (1) partner with organizations to provide up to 50% of the state share of funding for the program; and (2) receive more than one program grant, so long as the amount of the grant funds provided to charter schools increases with each successive grant.
Allows states that are required by state law to provide charter schools with access to adequate facility space to qualify for a grant under the program even if they do not have a per-pupil facilities aid program for charter schools specified in state law, provided they agree to use the funds to develop such a program.
(Sec. 7) Directs the Secretary to conduct national activities that include: (1) awarding competitive grants directly to charter school developers to open, replicate, and expand charter schools in states that have not applied for, have not received, or are nearing the end of, a grant for that purpose; (2) providing state entities with technical assistance in awarding subgrants to charter school developers; (3) providing technical assistance to grantees under the credit enhancement and per-pupil facilities aid programs; (4) disseminating best practices; and (5) evaluating the charter school program's impact, including its impact on student achievement.
(Sec. 8) Requires states and LEAs to ensure that a student's records are transferred as quickly as possible to a charter school or another public school when the student transfers from one such school to the other.
(Sec. 9) Allows charter schools to serve prekindergarten or postsecondary school students.
(Sec. 10) Reauthorizes appropriations under subpart 1 through FY2017.
Directs the Secretary to use: (1) 15% of such funding for credit enhancement grants and the per-pupil facilities aid program, (2) up to 5% of such funding for the Secretary's national activities, and (3) the remaining funds for the charter school grant program.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2218 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2218
To amend the charter school program under the Elementary and Secondary
Education Act of 1965.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2011
Mr. Hunter (for himself and Mr. Kline) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the charter school program under the Elementary and Secondary
Education Act of 1965.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Parents through Quality
Charter Schools Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act a
section or other provision is amended or repealed, such amendment or
repeal shall be considered to be made to that section or other
provision of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
SEC. 3. PURPOSE.
Section 5201 (20 U.S.C. 7221) is amended to read as follows:
``SEC. 5201. PURPOSE.
``It is the purpose of this subpart to--
``(1) provide financial assistance for the planning,
program design, and initial implementation of charter schools;
``(2) expand the number of high-quality charter schools
available to students across the Nation;
``(3) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices with other public schools;
``(4) 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;
``(5) improve student services to increase opportunities
for students with disabilities, English language learners, and
other traditionally underserved students to attend charter
schools and meet challenging State academic achievement
standards; and
``(6) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, monitoring, and evaluation of such
schools.''.
SEC. 4. PROGRAM AUTHORIZED.
Section 5202 (20 U.S.C. 7221a) is amended to read as follows:
``SEC. 5202. PROGRAM AUTHORIZED.
``(a) In General.--This subpart authorizes the Secretary to carry
out a charter school program that supports charter schools that serve
elementary school and secondary school students by--
``(1) supporting the startup, replication, and expansion of
charter schools;
``(2) assisting charter schools in accessing credit to
acquire and renovate facilities for school use; and
``(3) 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.
``(b) Funding Allotment.--From the amount made available under
section 5211 for a fiscal year, the Secretary shall--
``(1) reserve 15 percent to support charter school
facilities assistance under section 5204;
``(2) reserve not more than 5 percent to carry out national
activities under section 5205; and
``(3) use the remaining amount after the Secretary reserves
funds under paragraphs (1) and (2) to carry out section 5203.
``(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under this subpart, as such subpart was in effect on the day
before the date of enactment of the Empowering Parents through Quality
Charter Schools Act, shall continue to receive funds in accordance with
the terms and conditions of such grant or subgrant.''.
SEC. 5. GRANTS TO SUPPORT QUALITY CHARTER SCHOOLS.
Section 5203 (20 U.S.C. 7221b) is amended to read as follows:
``SEC. 5203. GRANTS TO SUPPORT QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section
5202(b)(3), the Secretary shall award grants to State entities having
applications approved pursuant to subsection (e) to enable such
entities to--
``(1) award subgrants to eligible applicants for--
``(A) new charter schools;
``(B) replicable, high-quality charter school
models; and
``(C) the expansion of high-quality charter
schools; and
``(2) provide technical assistance (which may be provided
by awarding subgrants to other entities) 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 the
authorizing quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant under
this section shall--
``(A) use 90 percent of the grant funds for
activities to support quality charter schools described
in the entity's application approved pursuant to
subsection (e) by carrying out a quality charter school
program to award subgrants to eligible applicants for
the purposes described in subparagraphs (A) through (C)
of subsection (a)(1); and
``(B) 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 (including the costs for providing the technical
assistance described in subsection (a)(2)).
``(2) Administrative costs.--A State entity receiving a
grant under this section may not use more than 30 percent of
the funds reserved under paragraph (1)(B) for administrative
costs, which may include providing the technical assistance
described in subsection (a)(2).
``(c) Program Periods; Peer Review; Diversity of Projects.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the Secretary to
a State entity under this section shall be for a period
of not more than 5 years.
``(B) Subgrants.--A subgrant awarded by a State
entity to an eligible applicant under this section
shall be for a period of not more than 5 years, of
which the eligible applicant may use not more than 18
months for planning and program design.
``(2) Peer review.--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.
``(3) Diversity of projects.--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--
``(A) are distributed throughout different areas,
including urban, suburban, and rural areas; and
``(B) will assist charter schools representing a
variety of educational approaches.
``(d) Limitations.--
``(1) Grants.--A State entity may not receive more than 1
grant under this section for a 5-year period.
``(2) Subgrants.--An eligible applicant may not receive
more than 1 subgrant under this section per charter school for
a 5-year period.
``(e) Applications.--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:
``(1) Description of program.--A description of the
entity's objectives in running a quality charter school program
under this section and how the objectives of such program will
be carried out, including a description--
``(A) of how the entity--
``(i) will support both new charter school
start up and the expansion and replication of
high-quality charter school models;
``(ii) will inform eligible charter
schools, developers, and authorized public
chartering agencies of the availability of
funds under this program;
``(iii) will work with eligible applicants
to ensure that the applicants access all
Federal funds that they are eligible to
receive, and ensure charter schools and
students attending charter schools will receive
the commensurate share of Federal funds the
schools and students are eligible to receive
and participate;
``(iv) will support efforts to increase
quality initiatives for charter schools;
``(v) in the case in which the entity is
not a State educational agency--
``(I) 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
``(II) will work with the State
educational agency, where applicable,
to adequately operate the subgrant
program under this section;
``(vi) will ensure eligible applicants that
receive a subgrant under this section are
prepared to continue to operate once the
subgrant funds have expired;
``(vii) will support charter schools in
local educational agencies with large numbers
of schools that must comply with the
requirements of section 1116(b);
``(viii) will work with charter schools to
promote inclusion of all students, engage in
additional recruitment efforts with respect to
groups that might otherwise have limited
opportunities to participate in the charter
school's program, and support students once
they are admitted to the school to help avoid
drop outs and transfers;
``(ix) will ensure the charter schools they
support can meet the educational needs of their
students, including students with disabilities
and English language learners; and
``(x) will meet the quality authorizing
elements described in paragraph (2)(F);
``(B) of the extent to which the entity--
``(i) is able to meet and implement the
priorities listed in subsection (f)(2); and
``(ii) is working to develop or strengthen
a cohesive statewide system to support the
opening of new charter schools and high-quality
replicable charter school models, and expanding
high-quality charter schools; and
``(C) in the case of an entity that partners with
an outside organization, of what responsibilities the
organization will have in carrying out the quality
charter school program under this section.
``(2) Assurances.--An assurance, including a description of
how the assurance will be met, that--
``(A) each charter school receiving funds under the
entity's program will have a high degree of autonomy;
``(B) the entity will support charter schools so
they will meet the educational needs of their students
as described in paragraph (1)(A)(ix);
``(C) the entity will ensure that the authorized
public chartering agency of any charter school that
receives funds under the entity's program--
``(i) ensures that the charter school can
meet the obligations under this Act, the
Individuals with Disabilities Education Act,
the Civil Rights Act of 1964, and the
Rehabilitation Act of 1974; and
``(ii) adequately monitors and helps the
schools meet the needs of students with
disabilities and English language learners;
``(D) the entity will award subgrants to eligible
applicants that provide such funds to charter schools
that offer an evidence-based, quality academic
experience;
``(E) the entity will provide adequate technical
assistance to eligible applicants to--
``(i) meet the recruiting practices
described in paragraph (1)(A)(viii);
``(ii) meet the educational needs of their
students, including through activities
described in paragraph (1)(A)(ix); and
``(iii) enroll students with disabilities,
English language learners, and other
traditionally underserved populations at a rate
similar to traditional public schools in the
area; and
``(F) the entity will award support quality
authorizing that will help all authorized public
chartering agencies in the State to adequately monitor
their charter schools, including by--
``(i) using annual performance data to
ensure their charter schools are successful;
``(ii) assisting their charter schools to
conduct annual financial audits, as required
under State and Federal law; and
``(iii) utilizing quality control measures.
``(3) Requests for waivers.--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.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--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--
``(A) 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;
``(B) the ambitiousness of the State entity's
objectives for the quality charter school program
carried out under this section;
``(C) the quality of the strategy for assessing
achievement of those objectives;
``(D) the likelihood that the eligible applicants
receiving subgrants under the program will meet those
objectives and improve educational results for
students;
``(E) the number of new, expanded, or replicated
charter schools proposed to be opened, and the number
of high quality charter schools to be replicated or
expanded under the program, by such eligible
applicants;
``(F) the entity's plan to adequately monitor its
subgrantees and work with the authorized public
chartering agencies to avoid duplication of work for
the schools and authorized public chartering agencies;
``(G) 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 this section; and
``(H) the entity's plan to support quality
authorizing efforts in the State.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to State entities to the extent
that they meet the following criteria:
``(A) In the case of a State that allows more than
the State educational agency or a local educational
agency to be an authorized public chartering agency,
has a quality authorized public chartering agency other
than the State educational agency.
``(B) The State entity 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.
``(C) The State entity ensures equitable financing,
as compared to traditional public schools, for charter
schools and students in a prompt manner.
``(D) The State entity supports full-, blended, or
hybrid-online charter school models.
``(E) The State entity will work with the
traditional public school system to include charter
school operators in decisions about the public school
system in the State.
``(F) The State entity uses charter schools to help
turn around struggling schools and local educational
agencies.
``(G) The State entity provides for or works with
the State educational agency to provide an appeals
process for charter schools who have been denied an
application for a charter school.
``(H) 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.
``(g) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to--
``(1) open new charter schools and high-quality charter
school models that are replicable, or expand existing high-
quality charter schools; and
``(2) support quality authorizing.
``(h) Reporting Requirements.--Each State entity receiving a grant
under this section shall submit at the end of the third year of the 5-
year grant period and at the end of such grant period a report to the
Secretary on--
``(1) the number of students served and, if applicable how
many new students were served during each year of the grant
period;
``(2) the number of subgrants awarded under this section
for--
``(A) new charter schools;
``(B) replicable charter schools; and
``(C) the expansion of charter schools;
``(3) the progress the entity made toward meeting the
priorities described in subsection (f)(2), as applicable;
``(4) how the entity met the objectives described in the
entity's application under subsection (e);
``(5) how the entity complied with, and ensured that
eligible applicants complied with, the assurances described in
the application; and
``(6) how the entity worked with authorized public
chartering agencies, including how the agencies worked with the
management company or leadership of the schools in which the
subgrants were awarded.
``(i) State Entity Defined.--For purposes of this section, the term
`State entity' means--
``(1) a State educational agency;
``(2) a State charter school board; or
``(3) a Governor of a State.''.
SEC. 6. FACILITIES FINANCING ASSISTANCE.
Section 5204 (20 U.S.C. 7221c) is amended to read as follows:
``SEC. 5204. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
5202(b)(1), the Secretary shall award not less than 3 grants to
eligible entities that have applications approved under
subsection (d) 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.
``(2) Eligible entity defined.--For purposes of this
section, the term `eligible entity' means--
``(A) a public entity, such as a State or local
governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in
subparagraphs (A) and (B).
``(b) Grantee Selection.--
``(1) Evaluation of application.--The Secretary shall
evaluate each application submitted under subsection (d), and
shall determine whether the application is sufficient to merit
approval.
``(2) Distribution of grants.--The Secretary shall award at
least one grant to an eligible entity described in subsection
(a)(2)(A), at least one grant to an eligible entity described
in subsection (a)(2)(B), and at least one grant to an eligible
entity described in subsection (a)(2)(C), if applications are
submitted that permit the Secretary to do so without approving
an application that is not of sufficient quality to merit
approval.
``(c) Grant Characteristics.--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.
``(d) Applications.--
``(1) In general.--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.
``(2) Contents.--An application submitted under paragraph
(1) shall contain--
``(A) 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;
``(B) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
``(C) a description of the eligible entity's
expertise in capital market financing;
``(D) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of 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;
``(E) 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
``(F) 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.
``(e) Charter School Objectives.--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 both of
the following objectives:
``(1) 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.
``(2) 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.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e), an
eligible entity receiving a grant under this 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:
``(A) 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).
``(B) Guaranteeing and insuring leases of personal
and real property for an objective described in
subsection (e).
``(C) 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.
``(D) 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).
``(2) Investment.--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.
``(3) Reinvestment of earnings.--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 subsection.
``(g) Limitation on Administrative Costs.--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)).
``(h) Audits and Reports.--
``(1) Financial record maintenance and audit.--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.
``(2) Reports.--
``(A) Grantee annual reports.--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.
``(B) Contents.--Each annual report submitted under
subparagraph (A) shall include--
``(i) 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;
``(ii) 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;
``(iii) an evaluation by the eligible
entity of the effectiveness of its use of the
Federal funds provided under subsection (a) in
leveraging private funds;
``(iv) 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;
``(v) 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
``(vi) 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.
``(C) Secretarial report.--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)).
``(i) No Full Faith and Credit for Grantee Obligation.--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.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall collect--
``(A) 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
``(B) 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).
``(2) Exercise of authority.--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).
``(3) Procedures.--The provisions of sections 451, 452,
and 458 of the General Education Provisions Act shall apply to
the recovery of funds under paragraph (1).
``(4) Construction.--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.
``(k) Per-Pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid program..--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--
``(A) that is dedicated solely for funding charter
school facilities; or
``(B) a portion of which is dedicated for funding
charter school facilities.
``(2) Grants.--
``(A) In general.--From the amount reserved under
section 5202(b)(1) 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.
``(B) Period.--The Secretary shall award grants
under this subsection for periods of not more than 5
years.
``(C) Federal share.--The Federal share of the cost
described in subparagraph (A) for a per-pupil
facilities aid program shall be not more than--
``(i) 90 percent of the cost, for the first
fiscal year for which the program receives
assistance under this subsection;
``(ii) 80 percent in the second such year;
``(iii) 60 percent in the third such year;
``(iv) 40 percent in the fourth such year;
and
``(v) 20 percent in the fifth such year.
``(D) State share.--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 per-pupil facilities aid program.
``(E) Multiple grants.--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.
``(3) Use of funds.--
``(A) In general.--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.
``(B) Evaluations; technical assistance;
dissemination.--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.
``(C) Supplement, not supplant..--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.
``(4) Requirements.--
``(A) Voluntary participation.--No State may be
required to participate in a program carried out under
this subsection.
``(B) State law.--
``(i) In general.--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--
``(I) is specified in State law;
and
``(II) provides annual financing,
on a per-pupil basis, for charter
school facilities.
``(ii) Special rule.--A State that is
required under State law to provide its charter
schools with access to adequate facility space
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.
``(5) Applications.--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.''.
SEC. 7. NATIONAL ACTIVITIES.
Section 5205 (20 U.S.C. 7221d) is amended to read as follows:
``SEC. 5205. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
5202(b)(2), the Secretary shall--
``(1) use not less than 50 percent of such funds to award
startup grants in accordance with subsection (b); and
``(2) use the remainder of such funds to--
``(A) disseminate technical assistance to State
entities in awarding subgrants under section 5203;
``(B) disseminate best practices; and
``(C) evaluate the impact of the charter school
program carried out under this subpart.
``(b) Startup Grants.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to eligible applicants for the purpose of
carrying out the activities described in section 5202(a)(1).
``(2) Eligible applicant defined.--For purposes of this
subsection, the term `eligible applicant' means an eligible
applicant that desires to open a charter school in--
``(A) a State that did not apply for a grant under
section 5203;
``(B) a State that did not receive a grant under
section 5203; or
``(C) a State that received a grant under section
5203 and is in the 4th or 5th year of a grant period
for such grant.
``(c) Contracts and Grants.--The Secretary may carry out any of the
activities described in this section directly or through grants to, or
contracts or cooperative agreements with, State educational agencies,
local educational agencies, and other public and private agencies.''.
SEC. 8. RECORDS TRANSFER.
Section 5208 (20 U.S.C. 7221g) is amended--
(1) by inserting ``as quickly as possible and'' before ``to
the extent practicable''; and
(2) by striking ``section 602'' and inserting ``section
602(14)''.
SEC. 9. DEFINITIONS.
Section 5210 (20 U.S.C. 7221i) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(K);
(B) by striking the period at the end of
subparagraph (L) and inserting ``; and''; and
(C) by adding at the end, the following:
``(M) may serve prekindergarten or post secondary
students.'';
(2) in paragraph (3), by striking ``under section
5203(d)(3)''; and
(3) by inserting at the end the following:
``(5) Replicable charter school model.--The term
`replicable charter school model' means a high-quality charter
school that will open a new campus under an existing charter.
``(6) Expansion of a high-quality charter school.--The term
`expansion of a high-quality charter school' means a high-
quality charter school that either significantly increases its
enrollment or adds one or more grades to its school.
``(7) High-quality charter school.--The term `high-quality
charter school' is a charter school that--
``(A) shows evidence of strong academic results;
``(B) has no significant issues in the areas of
student safety, financial management, or statutory or
regulatory compliance;
``(C) has demonstrated success in significantly
increasing student academic achievement and attainment
for all students, including educationally disadvantaged
students described in section 1111(b)(2)(C)(v)(II)(aa),
served by charter schools; and
``(D) has demonstrated success in closing historic
achievement gaps for the subgroups of students
described in section 1111(b)(2)(C)(v)(II).''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 5211 (20 U.S.C. 7221j) is amended to read as follows:
``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$300,000,000 for fiscal year 2012 and each of the succeeding 5 fiscal
years.''.
SEC. 11. CONFORMING AMENDMENTS.
(a) Repeal.--Subpart 2 of part B of title V (20 U.S.C. 7223 et
seq.) is repealed.
(b) Table of Contents.--The table of contents in section 2 is
amended--
(1) by striking the item relating to section 5203 and
inserting:
``Sec. 5203. Grants to support quality charter schools.'';
and
(2) by striking the item relating to section 5204 and
inserting:
``Sec. 5204. Facilities Financing Assistance.''.
<all>
DEBATE - Pursuant to the provisions of H. Res. 392, the Committee of the Whole proceeded with 10 minutes of debate on the Moore (WI) Part A amendment No. 6.
DEBATE - Pursuant to the provisions of H. Res. 392, the Committee of the Whole proceeded with 10 minutes of debate on the Holt Part A amendment No. 7.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Kline demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 392, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) Part A amendment No. 8.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. King (IA) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
Mr. Kline moved that the Committee now rise.
On motion that the Committee now rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 2218 as unfinished business.
Considered as unfinished business. (consideration: CR H6119-6123)
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The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2218.
The previous question was ordered pursuant to the rule. (consideration: CR H6120)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 9/8/2011 H5993-5996)
Ms. Hanabusa moved to recommit with instructions to Education and the Workforce. (consideration: CR H6120-6122; text: CR H6120-6121)
DEBATE - The House proceeded with 10 minutes of debate on the Hanabusa motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require each state entity that receives a grant, to have in effect policies and procedures for charter schools that require criminal background checks to be conducted for school employees prohibit the employment of an individual for a position as a school employee if they refuse to consent to a criminal background check, make false statements in connection with the background check or have been convicted of a felony.
On motion to recommit with instructions Failed by recorded vote: 189 - 231 (Roll no. 704).
Roll Call #704 (House)Passed/agreed to in House: On passage Passed by recorded vote: 365 - 54 (Roll no. 705).
Roll Call #705 (House)On passage Passed by recorded vote: 365 - 54 (Roll no. 705).
Roll Call #705 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.