No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7082 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7082
To amend the Elementary and Secondary Education Act of 1965 in order to
provide for greater flexibility in the Federal programs supporting the
planning and implementation of charter schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2026
Mr. Mackenzie introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 in order to
provide for greater flexibility in the Federal programs supporting the
planning and implementation of charter schools.
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 ``Fostering Learning and Excellence in
Charter Schools Act'' or the ``FLEX Act''.
SEC. 2. FUNDING ALLOTMENT.
Section 4302 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221a) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' after ``the replication of
high-quality charter schools,''; and
(B) by inserting ``, and the addition or expansion
of programs at high-quality charter schools'' after
``the expansion of high-quality charter schools'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``12.5 percent''
and inserting ``at least 15 percent'';
(B) in paragraph (2), by striking ``22.5 percent''
and inserting ``at least 25 percent''; and
(C) in paragraph (3), by striking ``use the
remaining'' and all that follows through ``paragraphs
(1) and (2)'' and inserting ``reserve at least 30
percent''; and
(3) by adding at the end the following:
``(d) Remaining Amounts.--In the case of a remaining amount after
the Secretary makes reservations of the amount made available under
section 4311 for a fiscal year in accordance with paragraphs (1), (2),
and (3) of subsection (b), the Secretary--
``(1) shall use all of such remaining amount to support
charter school facilities assistance under section 4304, carry
out national activities under section 4305, and carry out
section 4303, as described in such paragraphs; and
``(2) may determine how to allocate such remaining amount
to support or carry out, as applicable, the programs and
activities described in each such section.''.
SEC. 3. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 4303 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221b) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking
``and'' at the end and inserting ``or''; and
(iii) by inserting after subparagraph (C)
the following:
``(D) support the addition or expansion of
curricular or other offerings at a high-quality charter
school (provided that such addition or expansion is
designed and implemented in a manner that will enable
additional students to enroll in and benefit from the
school), such as through the adoption of--
``(i) new academic programs or delivery
models;
``(ii) personalized learning; or
``(iii) a new curricular approach; and'';
and
(B) in paragraph (2), by inserting ``, including
costs to provide such assistance,'' after ``provide
technical assistance'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``, over the course of
the grant period described in subsection (d)(1)(A)''
after ``shall''; and
(B) in paragraph (3), by adding at the end the
following:
``(C) Single-sex schools and services.--Nothing in
this part shall be construed to prohibit schools from
providing educational services to students of a single
sex.'';
(3) in subsection (d)--
(A) in paragraph (1)(B), by striking ``of which''
and all that follows through ``program design'' and
inserting ``of which an eligible applicant may use not
more than a period of time determined by the State
entity (which may not exceed 2 years) for planning and
program design'';
(B) in paragraph (2), by striking ``The Secretary,
and each State entity awarding subgrants under this
section, shall'' and inserting ``The Secretary shall,
and each State entity awarding subgrants under this
section may,'';
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(4) in subsection (e)(1), by striking ``is currently
using'' and inserting ``has not obligated all funds received
pursuant to'';
(5) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read
as follows:
``(i) support the opening, expansion, and
strengthening of charter schools through the
startup of new charter schools, the replication
of high-quality charter schools, the expansion
of high-quality charter schools, and the
addition of programs in high-quality schools,
which shall include an initial projection
(which may not be used to determine a State
entity's allocation of subgrant funds if the
State entity determines that an alternative
allocation would better meet the purposes of
this program) of--
``(I) the number of charter schools
to be opened through the startup of new
charter schools under the program;
``(II) the number of charter
schools to be opened as a result of the
replication of a high-quality charter
school under the program; or
``(III) the number of high-quality
charter schools to be expanded under
the program;'';
(II) in subclause (II) of clause
(vi), by striking ``in a manner
consistent with the eligible
applicant's application for such
subgrant'';
(III) in clause (xi), by inserting
``in the case of a State entity
described in subsection (a)(1) or
(a)(3),'' before ``support''; and
(IV) in clause (xii)--
(aa) in subclause (I)--
(AA) by striking
``(I)''; and
(BB) by striking
``not described in
subclause (II)'' and
inserting ``described
in paragraphs (1), (2),
or (3) of subsection
(a)''; and
(bb) by striking subclause
(II);
(ii) in subparagraph (B)(iii), by striking
``to develop or strengthen a cohesive
strategy'';
(iii) in subparagraph (C)--
(I) in clause (i)(VI), by striking
``and'' at the end;
(II) in clause (ii), by inserting
``and'' at the end; and
(III) by adding at the end the
following:
``(iii) a description of whether and how,
in lieu of requiring an application in
accordance with clause (i), the State entity
will opt to use an eligible applicant's
approved charter authorization application,
provided that such charter authorization
application was approved in accordance with
relevant State law during the year preceding
the date on which the State entity first
accepts applications for such subgrants;''; and
(iv) by striking subparagraph (E); and
(v) by redesignating subparagraphs (F) and
(G) as subparagraphs (E) and (F), respectively;
and
(B) in paragraph (2)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G)(v), by striking
the period at the end and inserting ``; and'';
and
(iii) by adding at the end the following:
``(H) the State entity will ensure that each
charter school receiving funds under the State entity's
program will address the transportation needs of their
students.'';
(6) in subsection (g)(1)--
(A) by striking subparagraph (B); and
(B) in subparagraph (C), by striking ``meet those
objectives and'';
(7) in subsection (h)--
(A) by amending paragraph (1)(B) to read as
follows:
``(B) hiring and compensating teachers, school
leaders, or specialized instructional support
personnel.'';
(B) in paragraph (2)--
(i) by inserting ``academic subscriptions
(including digital and online subscriptions),''
after ``training,''; and
(ii) by inserting ``curricular support,''
after ``(including technology),'';
(C) by amending paragraph (3) to read as follows:
``(3) In order to ensure that a school building complies
with applicable statutes and regulations, carrying out
necessary renovations, upgrades, or facilities repairs, or
acquiring portable classrooms.'';
(D) in paragraph (4), by striking ``one-time,
startup'';
(E) in paragraph (6), by striking ``appropriate,
non-sustained''; and
(F) by adding at the end the following:
``(7) Providing costs associated with operations and
management of the charter school facility.''; and
(8) in subsection (i)--
(A) by striking ``of the third year''; and
(B) by striking ``(or at the end of the second year
of the grant period if the grant is less than 5 years),
and at the end of such grant period''.
SEC. 4. NATIONAL ACTIVITIES; GRANTS TO CHARTER MANAGEMENT
ORGANIZATIONS.
Section 4305 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221d) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--From the amount reserved under section
4302(b)(2), the Secretary shall--
``(1) use not more than 10 percent of such funds to--
``(A) provide support and technical assistance to--
``(i) State entities in awarding subgrants
under section 4303(b)(1); and
``(ii) eligible entities and States
receiving grants under section 4304;
``(B) disseminate best practices regarding charter
schools;
``(C) increase access to facilities (including
funding and financing for facilities) for charter
schools;
``(D) increase the number of available seats in
charter schools through early-stage charter school
planning;
``(E) increase the number of available seats in
charter schools that--
``(i) are located in States that have
enacted legislation within a period of 5 years
prior to the award of a grant under this
section for such purpose;
``(ii) serve rural students; and
``(iii) serve students with disabilities;
and
``(F) evaluate the impact of the charter school
program carried out under this part, including with
respect to student achievement; and
``(2) after the uses described in paragraph (1), use the
remainder of such funds to--
``(A) award grants in accordance with subsection
(b); and
``(B) award grants, on a competitive basis, to
eligible applicants for the purpose of carrying out the
activities described in section 4303(h) in a State that
did not receive a grant under such section.''; and
(2) in subsection (b)--
(A) in paragraph (3)(B)--
(i) in clause (ii)--
(I) in subclause (I), by inserting
``and'' at the end;
(II) in subclause (II), by striking
``and'' and the end; and
(III) by striking subclause (III);
and
(ii) in clause (iii), by striking ``, which
shall include a multi-year financial and
operating model for the eligible entity''; and
(B) in paragraph (5)--
(i) in subparagraph (C)(ii), by striking
``or'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(E) plan to operate or manage high-quality
charter schools in--
``(i) States in which, as of the date on
which the eligible entity submits an
application under paragraph (3), the eligible
entity does not operate or manage a charter
school; or
``(ii) States with limited charter school
options.''.
SEC. 5. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
Section 4307 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221f) is amended--
(1) by striking ``To the extent practicable, the
Secretary'' and inserting ``The Secretary'';
(2) by inserting ``, prior to the issuance of a notice of
proposed rulemaking,'' after ``are consulted''; and
(3) by striking ``this subpart'' and inserting ``this
part''.
SEC. 6. PAPERWORK REDUCTION AND REGULATION.
Section 4309 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221h) is amended--
(1) in the heading, by inserting ``and regulation'' at the
end;
(2) by striking ``To the extent practicable, the'' and
inserting the following:
``(a) Paperwork Reduction.--The'';
(3) by striking ``this subpart'' and inserting ``this
part'';
(4) by striking ``or charter school'' and inserting ``,
charter school, or State entity (as defined in section 4303)'';
and
(5) by adding at the end the following:
``(b) Regulation.--In meeting the requirement under subsection (a),
the Secretary shall promulgate only such regulations as are necessary
for the administration of this part and shall not impose additional
nonstatutory requirements on those entities subject to the
regulations.''.
SEC. 7. DEFINITIONS.
Section 4310(2)(D) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221i(2)(D)) is amended by inserting ``(which may
include other educational programs, pursuant to State law)'' after
``education''.
SEC. 8. APPLICABILITY.
(a) In General.--This Act and the amendments made by this Act shall
apply with respect to grants awarded under sections 4303 and 4305 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b;
7221d) on or after the date of the enactment of this Act.
(b) Exception.--An entity that received a grant under a section
described in subsection (a) prior to the date of the enactment of this
Act for which the applicable grant period has not expired may elect to,
for the remainder of such grant period, carry out such grant in
accordance with this Act and the amendments made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
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