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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7086 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7086
To support the creation and implementation of State policies, as well
as the expansion of existing State policies, for improving the quality
and affordability of charter school facilities and to authorize the
provision of technical assistance to support the growth and expansion
of high-quality charter schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2026
Mr. Ciscomani (for himself and Mr. Bishop) introduced the following
bill; which was referred to the Committee on Education and Workforce
_______________________________________________________________________
A BILL
To support the creation and implementation of State policies, as well
as the expansion of existing State policies, for improving the quality
and affordability of charter school facilities and to authorize the
provision of technical assistance to support the growth and expansion
of high-quality 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 ``Equitable Access to School
Facilities Act''.
SEC. 2. AMENDMENTS TO STATE FACILITIES AID PROGRAM.
(a) In General.--Section 4304(k) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7221c(k)) is amended to read as
follows:
``(k) State Facilities Aid Program.--
``(1) State entity defined.--In this subsection, the term
`State entity' has the meaning given the term in section
4303(a).
``(2) Grants to state entities.--
``(A) Grants authorized.--From the amount reserved
under section 4302(b)(1) and remaining after the
Secretary makes grants under subsection (a), the
Secretary shall award, on a competitive basis, grants
to State entities that have the highest-quality
applications approved under subparagraph (C), after
considering the content of such applications in
accordance with subparagraph (D), to pay for the
Federal share of the cost of carrying out the
activities described in subparagraph (E).
``(B) Period.--The Secretary shall award grants
under this subsection for periods of not more than 5
years.
``(C) Application.--
``(i) In general.--A State entity desiring
to receive a grant under this subsection shall
submit to the Secretary an application in such
form as the Secretary may reasonably require
and containing the information described in
clause (ii).
``(ii) Contents.--An application submitted
under clause (i) shall contain--
``(I) a statement identifying the
activities that the State entity
proposes to carry out with funds
received under this subsection,
including a description of how the
State entity will determine which
charter schools will receive
assistance, and how much and what types
of assistance such charter schools will
receive;
``(II) a description of the
involvement of charter schools in the
application's development and in the
design of the proposed activities;
``(III) a description of whether
and how the State entity will partner
with an organization as described in
subparagraph (G);
``(IV) a description of how the
State entity possesses sufficient
expertise to evaluate the likelihood of
success of a charter school before
providing assistance to such school
through the proposed grant;
``(V) in the case of an application
submitted by a State entity described
in paragraphs (1), (2), or (3) of
section 4303(a), a description of the
actions that the entity has taken, or
will take, to ensure that charter
schools within the State receive the
funding they need to have adequate
facilities;
``(VI) a description of whether and
how the proposed activities will--
``(aa) increase charter
schools' access to State funds
or other financing for
acquiring or operating
facilities (including by
reducing gaps to such access
between charter schools and
other public schools in the
same State);
``(bb) increase charter
schools' access to public
buildings; and
``(cc) increase the access
of charter schools in low-
income and rural communities to
adequate facilities; and
``(VII) a description of whether
the State in which the State entity is
located is described in clauses (i),
(ii), (iii), or (iv) of subparagraph
(D).
``(iii) No additional information.--The
Secretary may not require any additional
information to be included in an application
submitted under this subparagraph that is not
listed in clause (ii).
``(D) Priority.--In making grants under this
subsection, the Secretary shall give priority to a
State entity located in a State--
``(i) that is described in subparagraph (A)
or (C) of section 4303(g)(2);
``(ii) that provides charter schools with
access to tax-exempt financing;
``(iii) with land use policies (including
with respect to policies relating to permits
and fees) that provide for the same or
substantially similar treatment of charter
schools as other public schools that are not
charter schools; or
``(iv) that prohibits localities and other
instrumentalities of the State from imposing
deed restrictions on properties that limit
charter school access, including prohibitions
or restrictions on charter schools purchasing
surplus public property.
``(E) Use of funds.--
``(i) In general.--A State entity receiving
a grant under this subsection shall use such
grant to carry out, in the State in which the
State entity is located, 1 or more of the
following activities:
``(I) Increasing funding for, or
creating financing mechanisms to
support, the acquisition, access to
leasing, and renovation of facilities
by charter schools, which may include
partnerships with local educational
agencies that provide access to public
buildings.
``(II) Increasing funding for, or
creating funding mechanisms to support,
charter schools' ongoing facilities
costs.
``(III) Supporting the creation of
alternative ownership models, to plan,
develop, and manage facilities for
charter schools.
``(ii) Reserve account.--
``(I) State entity not receiving
subsection (a) grant.--In the case of a
State entity that is not receiving a
grant under subsection (a), such entity
may--
``(aa) establish and
maintain a reserve account
described in subsection (f);
and
``(bb) for the purpose of
carrying out 1 or more of the
activities described in
subclauses (I) through (III) of
clause (i), deposit an amount
of the grant funds received
under this subsection (to be
determined by the State entity)
in such reserve account.
``(II) State entity receiving
subsection (a) grant.--In the case of a
State entity that is receiving a grant
under subsection (a), for the purpose
of carrying out 1 or more of the
activities described in subclauses (I)
through (III) of clause (i), such
entity may deposit an amount of the
grant funds received under this
subsection (to be determined by the
State entity) in the reserve account
established and maintained by the State
entity under subsection (f).
``(iii) Evaluations; technical assistance;
dissemination.--From the amount made available
to a State entity through a grant under this
subsection for a fiscal year, the State entity
may reserve not more than 5 percent to carry
out evaluations, to provide technical
assistance, and to disseminate information.
``(iv) Supplement, not supplant.--Funds
made available under this subsection shall be
used to supplement, and not supplant, non-
Federal funds expended to carry out the
activities authorized under this subsection.
``(F) Federal share.--The Federal share of the cost
of carrying out the activities described in
subparagraph (E) shall be not more than an amount equal
to 60 percent of the total such cost for the duration
of the grant period.
``(G) Non-federal share.--A State entity receiving
a grant under this subsection may partner with 1 or
more organizations, and such organizations may provide
any amount of the non-Federal share of the cost of
carrying out the activities described in subparagraph
(E).
``(H) Multiple grants.--A State may receive more
than 1 grant under this subsection, so long as the
amount of total funds provided to charter schools
increases with each successive grant.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply only with respect to a grant awarded under section 4304(k) of the
Elementary and Secondary Education Act (20 U.S.C. 7221c(k)) on or after
the date of the enactment of this Act.
SEC. 3. NO FEDERAL INTEREST.
Part C of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221 et seq.) is amended by adding at the end the
following:
``SEC. 4312. NO FEDERAL INTEREST.
``No funds made available under this part create a Federal interest
(as such term is defined in section 200.1 of title 2, Code of Federal
Regulations) for purposes of--
``(1) the recording requirement under section 200.316 of
such title; or
``(2) the reporting requirement under section 200.330 of
such title.''.
SEC. 4. CREDIT ENHANCEMENT FOR CHARTER SCHOOL FACILITIES PROGRAM.
(a) In General.--Section 4304(h)(2)(A) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221c(h)(2)) is amended by
inserting ``, for each of the 10 years following the date on which such
entity received such grant,'' after ``annual report''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to an eligible entity that received a grant under
section 4304(a) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221c(a)) before, on, or after the date of the enactment of
this Act.
SEC. 5. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
(a) In General.--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)(C), by striking ``and'';
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by inserting after paragraph (2) the following:
``(3) provide assistance in locating and accessing a
facility for purposes of opening, preparing, or expanding
charter schools as described in paragraph (1); and
``(4) provide one-time assistance to any planned or
operating charter schools in the State in ensuring that a
facility used for a charter school complies with State and
local building codes and regulations.'';
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``section shall--'' and inserting ``section--
``(A) shall--'';
(B) by redesignating subparagraphs (A) though (C)
as clauses (i) through (iii), respectively;
(C) in clause (i), as so redesignated, by striking
``90 percent'' and inserting ``80 percent'';
(D) in clause (iii), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following:
``(B) may reserve not more than 10 percent of such
funds for the establishment of a revolving loan fund,
which may be used to make loans, under such terms as
may be established by the State entity, to--
``(i) eligible applicants that have
received a subgrant under this section, for the
initial operation (during the program period
described in subsection (d)(1)(B)) of 1 or more
of the charter schools opened or expanded
pursuant to a grant under this section; and
``(ii) eligible applicants to assist such
applicants in obtaining, renovating, or
rehabilitating facilities for planned or
operating charter schools in the State.''; and
(3) in subsection (h)(3), by striking ``necessary
renovations'' and all that follows through ``school building
complies'' and inserting ``repairs, renovations, and building
out of charter school facilities to ensure that such facilities
comply''.
(b) Applicability.--The amendments made by subsection (a) shall
apply only with respect to a grant awarded under section 4303 of the
Elementary and Secondary Education Act (20 U.S.C. 7221b) on or after
the date of the enactment of 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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