Why H.R.2218 Passed -Dude it's about the MONEY!!!

Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress):

SEC. 5203. GRANTS TO SUPPORT HIGH-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 (f) to enable such entities to--

`(1) award subgrants to eligible applicants for--

`(A) opening new charter schools;

`(B) opening replicable, high-quality charter school models; or

`(C) expanding high-quality charter schools; and

`(2) provide technical assistance 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 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 to award subgrants to eligible applicants, in accordance with the quality charter school program described in the entity's application approved pursuant to subsection (f), 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 which may include technical assistance.

`(2) CONTRACTS AND GRANTS- A State entity may use a grant received under this section to carry out the activities described in subparagraphs (A) and (B) of paragraph (1) directly or through grants, contracts, or cooperative agreements.

`(c) Program Periods; Peer Review; Grant Number and Amount; Diversity of Projects; Waivers-

`(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 under this section shall be for a period of not more than 5 years, of which an 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) GRANT NUMBER AND AMOUNT- The Secretary shall ensure that the number of grants awarded under this section and the award amounts will allow for a sufficient number of new grants to be awarded under this section for each succeeding fiscal year.

`(4) 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.

`(5) WAIVERS- The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section 5210(1), if--

`(A) the waiver is requested in an approved application under this section; and

`(B) the Secretary determines that granting such a waiver will promote the purpose of this subpart.

`(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, unless the eligible applicant demonstrates to the State entity not less than 3 years of improved educational results in the areas described in subparagraphs (A) and (D) of section 5210(6) for students enrolled in such charter school.

`(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 the program will be carried out, including a description--

`(A) of how the entity--

`(i) will support both new charter school startup 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 the program;

`(iii) will work with eligible applicants to ensure that the applicants access all Federal funds that they are eligible to receive, and help the charter schools supported by the applicants and the students attending the charter schools--

`(I) participate in the Federal programs in which the schools and students are eligible to participate; and

`(II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs;

`(iv) 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 to adequately operate the entity's program under this section, where applicable;

`(v) will ensure eligible applicants that receive a subgrant under the entity's program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired;

`(vi) will support charter schools in local educational agencies with large numbers of schools that must comply with the requirements of section 1116(b);

`(vii) will work with charter schools to promote inclusion of all students and support all students once they are enrolled to promote retention;

`(viii) will work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools;

`(ix) will share best and promising practices between charter schools and other public schools, including, where appropriate, instruction and professional development in science, math, technology, and engineering education;

`(x) will ensure the charter schools they support can meet the educational needs of their students, including students with disabilities and limited English proficient students; and

`(xi) will support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(E);

`(B) of the extent to which the entity--

`(i) is able to meet and carry out 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 replicable, high-quality charter school models, and the expansion of high-quality charter schools;

`(C) of how the entity will carry out the subgrant competition, including--

`(i) a description of the application each eligible applicant desiring to receive a subgrant will submit, including--

`(I) a description of the roles and responsibilities of eligible applicants, partner organizations, and management organizations, including the administrative and contractual roles and responsibilities;

`(II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school's performance on the State's academic accountability system will be a primary factor for renewal; and

`(III) a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school receiving funds under the entity's program; and

`(ii) a description of how the entity will review applications;

`(D) in the case of an entity that partners with an outside organization to carry out the entity's quality charter school program, in whole or in part, of the roles and responsibilities of this partner;

`(E) of how the entity will help the charter schools receiving funds under the entity's program consider the transportation needs of the schools' students; and

`(F) of how the entity will support diverse charter school models, including models that serve rural communities.

`(2) ASSURANCES- Assurances, including a description of how the assurances will be met, that--

`(A) each charter school receiving funds under the entity's program will have a high degree of autonomy over budget and operations;

`(B) the entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(x);

`(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 each charter school is meeting the obligations under this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title IX of the Education Amendments of 1972;

`(ii) adequately monitors and helps each charter school in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and limited English proficient students; and

`(iii) ensures that each charter school solicits and considers input from parents and other members of the community on the implementation and operation of the school;

`(D) the entity will provide adequate technical assistance to eligible applicants to--

`(i) meet the objectives described in clauses (vii) and (viii) of paragraph (1)(A) and paragraph (2)(B); and

`(ii) enroll traditionally underserved students, including students with disabilities and limited English proficient students, to promote an inclusive education environment;

`(E) the entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State to improve the monitoring of their charter schools, including by--

`(i) assessing annual performance data of the schools, including, as appropriate, graduation rates and student growth; and

`(ii) reviewing the schools' independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported;

`(F) the entity will work to ensure that charter schools are included with the traditional public school system in decision-making about the public school system in the State; and

`(G) the entity will ensure that each charter school in the State make publicly available, consistent with the dissemination requirements of the annual State report card, the information parents need to make informed decisions about the educational options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for the groups of students described in section 1111(b)(2)(C)(v)(II).

`(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 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 proposed number of new charter schools to be opened, and the proposed number of high-quality charter schools to be replicated or expanded under the program;

`(F) the entity's plan to--

`(i) adequately monitor the eligible applicants receiving subgrants under the entity's program; and

`(ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter 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 the entity's program under this section;

`(H) the entity's plan to support quality authorizing efforts in the State, consistent with the objectives described in subparagraph (B); and

`(I) the entity's plan to solicit and consider input from parents and other members of the community on the implementation and operation of the charter schools 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 entity located in a State that allows an entity other than a local educational agency to be an authorized public chartering agency, the State has a quality authorized public chartering agency that is an entity other than a local educational agency.

`(B) The State entity is located in a State that 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 is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner.

`(D) The State entity is located in a State that uses charter schools and best practices from charter schools to help improve struggling schools and local educational agencies.

`(E) 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.

`(F) The State entity demonstrates quality policies and practices to support and monitor charter schools through factors including--

`(i) the proportion of high-quality charter schools in the State; and

`(ii) the proportion of charter schools enrolling, at a rate similar to traditional public schools, traditionally underserved students, including students with disabilities and limited English proficient students.

`(G) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery.

`(H) The State entity authorizes all charter schools in the State to serve as school food authorities.

`(g) Local Uses of Funds- An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools or replicable, high-quality charter school models, or expand existing high-quality charter schools.

`(h) Reporting Requirements- Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the 5-year grant period and at the end of such grant period, a report on--

`(1) the number of students served by each subgrant awarded under this section and, if applicable, how many new students were served during each year of the subgrant period;

`(2) the number of subgrants awarded under this section to carry out each of the following--

`(A) the opening of new charter schools;

`(B) the opening of replicable, high-quality charter school models; and

`(C) the expansion of high-quality 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 of the quality charter school program 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 entity's 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 that received subgrants under this section.

`(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.'.