SEC.4305

NATIONAL ACTIVITIES

Section Summary

ESSA

SEC. 4305. <<NOTE: 20 USC 7221d.>> NATIONAL ACTIVITIES.

``(a) In General.--From the amount reserved under section

4302(b)(2), the Secretary shall--

``(1) use not more than 80 percent of such funds to award

grants in accordance with subsection (b);

``(2) use not more than 9 percent of such funds to 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 section

4303; and

``(3) after the uses described in paragraphs (1) and (2),

use the remainder of such funds to--

``(A) disseminate 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; and

``(C) evaluate the impact of the charter school

program carried out under this part, including the

impact on student achievement.

``(b) Grants for the Replication and Expansion of High-quality

Charter Schools.--

[[Page 129 STAT. 2010]]

``(1) In general.--The Secretary shall make grants, on a

competitive basis, to eligible entities having applications

approved under paragraph (3) to enable such entities to open and

prepare for the operation of one or more replicated high-quality

charter schools or to expand one or more high-quality charter

schools.

``(2) Definition of eligible entity.--For purposes of this

subsection, the term `eligible entity' means a charter

management organization.

``(3) Application requirements.--An eligible entity desiring

to receive a grant under this subsection 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:

``(A) Existing charter school data.--For each

charter school currently operated or managed by the

eligible entity--

``(i) student assessment results for all

students and for each subgroup of students

described in section 1111(c)(2);

``(ii) attendance and student retention rates

for the most recently completed school year and,

if applicable, the most recent available 4-year

adjusted cohort graduation rates and extended-year

adjusted cohort graduation rates; and

``(iii) information on any significant

compliance and management issues encountered

within the last 3 school years by any school

operated or managed by the eligible entity,

including in the areas of student safety and

finance.

``(B) Descriptions.--A description of--

``(i) the eligible entity's objectives for

implementing a high-quality charter school program

with funding under this subsection, including a

description of the proposed number of high-quality

charter schools the eligible entity proposes to

open as a result of the replication of a high-

quality charter school or to expand with funding

under this subsection;

``(ii) the educational program that the

eligible entity will implement in such charter

schools, including--

``(I) information on how the program

will enable all students to meet the

challenging State academic standards;

``(II) the grade levels or ages of

students who will be served; and

``(III) the instructional practices

that will be used;

``(iii) how the operation of such charter

schools will be sustained after the grant under

this subsection has ended, which shall include a

multi-year financial and operating model for the

eligible entity;

``(iv) how the eligible entity will ensure

that such charter schools will recruit and enroll

students, including children with disabilities,

English learners, and other educationally

disadvantaged students; and

[[Page 129 STAT. 2011]]

``(v) any request and justification for any

waivers of Federal statutory or regulatory

requirements that the eligible entity believes are

necessary for the successful operation of such

charter schools.

``(C) Assurance.--An assurance that the eligible

entity has sufficient procedures in effect to ensure

timely closure of low-performing or financially

mismanaged charter schools and clear plans and

procedures in effect for the students in such schools to

attend other high-quality schools.

``(4) Selection criteria.--The Secretary shall select

eligible entities to receive grants under this subsection, on

the basis of the quality of the applications submitted under

paragraph (3), after taking into consideration such factors as--

``(A) the degree to which the eligible entity has

demonstrated success in increasing academic achievement

for all students and for each of the subgroups of

students described in section 1111(c)(2) attending the

charter schools the eligible entity operates or manages;

``(B) a determination that the eligible entity has

not operated or managed a significant proportion of

charter schools that--

``(i) have been closed;

``(ii) have had the school's charter revoked

due to problems with statutory or regulatory

compliance; or

``(iii) have had the school's affiliation with

the eligible entity revoked or terminated,

including through voluntary disaffiliation; and

``(C) a determination that the eligible entity has

not experienced significant problems with statutory or

regulatory compliance that could lead to the revocation

of a school's charter.

``(5) Priority.--In awarding grants under this section, the

Secretary shall give priority to eligible entities that--

``(A) plan to operate or manage high-quality charter

schools with racially and socioeconomically diverse

student bodies;

``(B) demonstrate success in working with schools

identified by the State for comprehensive support and

improvement under section 1111(c)(4)(D)(i);

``(C) propose to use funds--

``(i) to expand high-quality charter schools

to serve high school students; or

``(ii) to replicate high-quality charter

schools to serve high school students; or

``(D) propose to operate or manage high-quality

charter schools that focus on dropout recovery and

academic reentry.

``(c) Terms and Conditions.--Except as otherwise provided, grants

awarded under paragraphs (1) and (2) of subsection (a) shall have the

same terms and conditions as grants awarded to State entities under

section 4303.'';

(2) in section 4306 (20 U.S.C. 7221e), as redesignated by

section 4001, by adding at the end the following:

``(c) New or Significantly Expanding Charter Schools.--For purposes

of implementing the hold harmless protections in

[[Page 129 STAT. 2012]]

sections 1122(c) and 1125A(g)(3) for a newly opened or significantly

expanded charter school under this part, a State educational agency

shall calculate a hold-harmless base for the prior year that, as

applicable, reflects the new or significantly expanded enrollment of the

charter school.'';

(3) in section 4308 (20 U.S.C. 7221g), as redesignated by

section 4001, by inserting ``as quickly as possible and'' before

``to the extent practicable'';

(4) in section 4310 (20 U.S.C. 7221i), as redesignated by

section 4001--

(A) in the matter preceding paragraph (1), by

striking ``subpart'' and inserting ``part'';

(B) by redesignating paragraphs (1), (2), and (3) as

paragraphs (2), (5), and (6), respectively;

(C) by redesignating paragraph (4) as paragraph (1),

and moving such paragraph so as to precede paragraph

(2), as redesignated by subparagraph (B);

(D) in paragraph (2), as redesignated by

subparagraph (B)--

(i) in subparagraph (G), by striking ``, and

part B'' and inserting ``, the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et

seq.), section 444 of the General Education

Provisions Act (20 U.S.C. 1232g) (commonly

referred to as the `Family Educational Rights and

Privacy Act of 1974'), and part B'';

(ii) by striking subparagraph (H) and

inserting the following:

``(H) is a school to which parents choose to send

their children, and that--

``(i) admits students on the basis of a

lottery, consistent with section 4303(c)(3)(A), if

more students apply for admission than can be

accommodated; or

``(ii) in the case of a school that has an

affiliated charter school (such as a school that

is part of the same network of schools),

automatically enrolls students who are enrolled in

the immediate prior grade level of the affiliated

charter school 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);'';

(iii) by striking subparagraph (I) and

inserting the following:

``(I) agrees to comply with the same Federal and

State audit requirements as do other elementary schools

and secondary schools in the State, unless such State

audit requirements are waived by the State;'';

(iv) in subparagraph (K), by striking ``and''

at the end;

(v) in subparagraph (L), by striking the

period at the end and inserting ``; and''; and

(vi) by adding at the end the following:

``(M) may serve students in early

childhood education programs or

postsecondary students.'';

[[Page 129 STAT. 2013]]

(E) by inserting after paragraph (2), as

redesignated by subparagraph (B), the following:

``(3) Charter management organization.--The term `charter

management organization' means a nonprofit organization that

operates or manages a network of charter schools linked by

centralized support, operations, and oversight.

``(4) Charter school support organization.--The term

`charter school support organization' means a nonprofit,

nongovernmental entity that is not an authorized public

chartering agency and provides, on a statewide basis--

``(A) assistance to developers during the planning,

program design, and initial implementation of a charter

school; and

``(B) technical assistance to operating charter

schools.'';

(F) in paragraph (6)(B), as redesignated by

subparagraph (B), by striking ``under section

5203(d)(3)''; and

(G) by adding at the end the following:

``(7) Expand.--The term `expand', when used with respect to

a high-quality charter school, means to significantly increase

enrollment or add one or more grades to the high-quality charter

school.

``(8) High-quality charter school.--The term `high-quality

charter school' means a charter school that--

``(A) shows evidence of strong academic results,

which may include strong student academic growth, as

determined by a State;

``(B) has no significant issues in the areas of

student safety, financial and operational management, or

statutory or regulatory compliance;

``(C) has demonstrated success in significantly

increasing student academic achievement, including

graduation rates where applicable, for all students

served by the charter school; and

``(D) has demonstrated success in increasing student

academic achievement, including graduation rates where

applicable, for each of the subgroups of students, as

defined in section 1111(c)(2), except that such

demonstration is not required in a case in which the

number of students in a group is insufficient to yield

statistically reliable information or the results would

reveal personally identifiable information about an

individual student.

``(9) Replicate.--The term `replicate', when used with

respect to a high-quality charter school, means to open a new

charter school, or a new campus of a high-quality charter

school, based on the educational model of an existing high-

quality charter school, under an existing charter or an

additional charter, if permitted or required by State law.'';

and

(5) by striking section 4311 (20 U.S.C. 7221j), as

redesignated by section 4001, and inserting the following:

NCLB Text

Previously not included in NCLB.