,,ii #aacth ,,congress #ast ,session ,s4 #ajhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjac ,mr4 ,durbin 7for himself and ,mr4 ,kirk7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide high-quality public charter school options for students by enabling such public charter schools to expand and replicate4 #a4 ,short title ,this ,act may be cited as the ,all ,students ,achieving through ,reform ,act of #bjac or ,all-,,star ,act of #bjac4 #b4 ,charter school expansion and replication 7a7 ,in general ,subpart #a of part ,b of title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba et seq47 is amended-- 7#a7 by striking section #ebaa2 7#b7 by redesignating section #ebaj as section #ebaa2 and 7#c7 by inserting after section #ebji the following3 #ebaj4 ,charter school expansion and replication 7a7 ,purpose ,it is the purpose of this section to support ,state efforts to expand and replicate high-quality public charter schools to enable such schools to serve additional students1 with a priority to serve those students who attend identified schools or schools with a low graduation rate4 7b7 ,support for proven charter schools and increasing the supply of high-,quality charter schools 7#a7 ,grants authorized ,from the amounts appropriated under section #ebjj for any fiscal year1 the ,secretary shall award grants1 on a competitive basis1 to eligible entities to enable the eligible entities to make subgrants to eligible public charter schools under subsection 7e77#a7 and carry out the other activities described in subsection 7e71 in order to allow the eligible public charter schools to serve additional students through the expansion and replication of such schools4 7#b7 ,amount of grants ,in determining the grant amount to be awarded under this subsection to an eligible entity1 the ,secretary shall consider-- 7,a7 the number of eligible public charter schools under the jurisdiction or in the service area of the eligible entity that are operating2 7,b7 the number of new openings for students that could be created in such schools with such grant2 7,c7 the number of students attending identified schools or schools with a low graduation rate in the ,state or area where an eligible entity intends to replicate or expand eligible public charter schools2 and 7,d7 the success of the eligible entity in overseeing public charter schools and the likelihood of continued or increased success because of the grant under this section4 7#c7 ,duration of grants 7,a7 ,in general ,a grant under this section shall be for a period of not more than #c years1 except that-- 7i7 an eligible entity receiving such grant may1 at the discretion of the ,secretary1 continue to expend grant funds after the end of the grant period2 and 7ii7 the ,secretary may renew such grant for #a additional #b-year period1 if the ,secretary determines that the eligible entity is meeting the goals of the grant4 7,b7 ,subsequent grants ,an eligible entity that has received a grant under this section may receive subsequent grants under this section4 7c7 ,application requirements 7#a7 ,application requirements ,to be considered for a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,the application described in paragraph 7#a7 shall include1 at a minimum1 the following3 7,a7 ,record of success ,documentation of the record of success of the eligible entity in overseeing or operating public charter schools1 including-- 7i7 the performance of the students of such public charter schools on the student academic assessments described in section #aaaa7;b77#c7 of the ,state where such school is located 7including a measurement of the students' average academic longitudinal growth at each such school1 if such measurement is required by a ,federal or ,state law applicable to the entity71 disaggregated by-- 7,i7 economic disadvantage2 7,,ii7 race and ethnicity2 7,,iii7 disability status2 and 7,,iv7 status as a student with limited ,english proficiency2 7ii7 7,i7 the status of such schools in making adequate yearly progress1 as defined in a ,state's plan in accordance with section #aaaa7;b77#b77;,c7 or1 in the case of schools for which the ,secretary has waived the applicability of such section pursuant to the authority under section #idja1 the status of such schools under the accountability standards authorized by such waiver2 and 7,,ii7 the status of such schools as identified schools2 7iii7 documentation of demonstrated success by such public charter schools in closing historic achievement gaps between groups of students2 and 7iv7 in the case of such public charter schools that are secondary schools-- 7,i7 the number of students enrolled in dual enrollment1 ,advanced ,placement1 ,international ,baccalaureate1 or other college level courses2 7,,ii7 the number of students earning a professional certificate or license through the school2 7,,iii7 student graduation rates2 and 7,,iv7 rates of student acceptance1 enrollment1 and persistence in institutions of higher education1 where possible4 7,b7 ,plan ,a plan for-- 7i7 replicating and expanding eligible public charter schools operated or overseen by the eligible entity2 7ii7 identifying eligible public charter schools1 or networks of eligible public charter schools1 to receive subgrants under this section2 7iii7 increasing the number of openings in eligible public charter schools for students attending identified schools and schools with a low graduation rate2 7iv7 ensuring that eligible public charter schools receiving a subgrant under this section enroll students through a random lottery for admission1 unless the charter school is using the subgrant to expand the school to serve additional grades1 in which case such school may reserve seats in the additional grades for-- 7,i7 each student enrolled in the grade preceding each such additional grade2 7,,ii7 siblings of students enrolled in the charter school1 if such siblings desire to enroll in such grade2 and 7,,iii7 children of the charter school's founders1 staff1 or employees2 7v7 7,i7 in the case of an eligible entity described in subparagraph 7,a7 or 7,c7 of subsection 7k77#d71 the manner in which the eligible entity will work with identified schools and schools with a low graduation rate that are eligible to enroll students in a public charter school receiving a subgrant under this section and that are under the eligible entity's jurisdiction1 and the local educational agencies serving such schools 7as applicable71 to-- 7aa7 engage in community outreach1 provide information in a language that the parents can understand1 and communicate with parents of students at identified schools and schools with a low graduation rate who are eligible to attend a public charter school receiving a subgrant under this section about the opportunity to enroll in or transfer to such school1 in a manner consistent with section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd72 and 7bb7 ensure that a student can transfer to an eligible public charter school if the public charter school such student was attending in the previous school year is no longer an eligible public charter school2 and 7,,ii7 in the case of an eligible entity described in subparagraph 7,b7 or 7,d7 of subsection 7k77#d71 the manner in which the eligible entity will work with the local educational agency to carry out the activities described in items 7aa7 and 7bb7 of subclause 7,i72 7vi7 disseminating to public schools under the jurisdiction or in the service area of the eligible entity1 in a manner consistent with section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd71 the best practices1 programs1 or strategies learned by awarding subgrants to eligible public charter schools under this section1 with particular emphasis on the best practices with respect to-- 7,i7 focusing on closing achievement gaps2 or 7,,ii7 successfully addressing the education needs of low-income students2 and 7vii7 in the case of an eligible entity described in subsection 7k77#d77;,d7-- 7,i7 supporting the short-term and long-term success of the proposed project1 by-- 7aa7 developing a multi-year financial and operating model for the eligible entity2 and 7bb7 including1 with the plan1 evidence of the demonstrated commitment of current partners1 as of the time of the application1 for the proposed project and of broad support from stakeholders critical to the project's long-term success2 7,,ii7 closing public charter schools that do not meet acceptable standards of performance2 and 7,,iii7 achieving the objectives of the proposed project on time and within budget1 which shall include the use of clearly defined responsibilities1 timelines1 and milestones for accomplishing project tasks4 7,c7 ,charter school information ,the number of-- 7i7 eligible public charter schools that are operating in the ,state in which the eligible entity intends to award subgrants under this section2 7ii7 public charter schools approved to open or likely to open during the grant period in such ,state2 7iii7 available openings in eligible public charter schools in such ,state that could be created through the replication or expansion of such schools if the grant is awarded to the eligible entity2 7iv7 students on public charter school waiting lists 7if such lists are available7 in-- 7,i7 the ,state in which the eligible entity intends to award subgrants under this section2 and 7,,ii7 each local educational agency serving an eligible public charter school that may receive a subgrant under this section from the eligible entity2 and 7v7 students1 and the percentage of students1 in a local educational agency who are attending eligible public charter schools that may receive a subgrant under this section from the eligible entity4 7,d7 ,traditional public school information ,in the case of an eligible entity described in subparagraph 7,a7 or 7,c7 of subsection 7k77#d71 a list of the following schools under the jurisdiction of the eligible entity1 including the name and location of each such school1 the number and percentage of students under the jurisdiction of the eligible entity who are attending such school1 and such demographic and socioeconomic information as the ,secretary may require3 7i7 ,identified schools4 7ii7 ,schools with a low graduation rate4 7,e7 ,assurance ,in the case of an eligible entity described in subsection 7k77#d77;,a71 an assurance that the eligible entity will include information 7in a language that the parents can understand7 about the eligible public charter schools receiving subgrants under this section-- 7i7 in the notifications provided under section #aaaf7;c77#f7 to parents of each student enrolled in a school served by a local educational agency identified for school improvement or corrective action under paragraph 7#a7 or 7#g7 of section #aaaf7;c72 or 7ii7 in any case where the requirements under section #aaaf7;c7 have been waived in whole or in part by the ,secretary under the authority of section #idja1 to parents of each student enrolled in a school served by a local educational agency that has been identified as in need of additional assistance under any accountability system established under such section4 7#c7 ,modifications ,the ,secretary may modify or waive any information requirement under paragraph 7#b77;,c7 for an eligible entity that demonstrates that the eligible entity cannot reasonably obtain the information4 7d7 ,priorities for awarding grants 7#a7 ,in general ,in awarding grants under this section1 the ,secretary shall give priority to an eligible entity that-- 7,a7 serves or plans to serve a large percentage of low-income students from identified schools or public schools with a low graduation rate2 7,b7 oversees or plans to oversee one or more eligible public charter schools2 7,c7 provides evidence of effective monitoring of the academic success of students who attend public charter schools under the jurisdiction of the eligible entity2 7,d7 has established goals1 objectives1 and outcomes for the proposed project that are clearly specified1 measurable1 and attainable2 7,e7 in the case of an eligible entity that is a local educational agency under ,state law1 has a cooperative agreement under section #aaaf7;b77#aa72 and 7,f7 is under the jurisdiction of1 or plans to award subgrants under this section in1 a ,state that-- 7i7 ensures that all public charter schools 7including such schools served by a local educational agency and such schools considered to be a local educational agency under ,state law7 receive1 in a timely manner1 the ,federal1 ,state1 and local funds to which such schools are entitled under applicable law2 7ii7 provides funding 7such as capital aid distributed through a formula or access to revenue generated bonds1 and including funding for school facilities7 on a per-pupil basis to public charter schools commensurate with the amount of funding 7including funding for school facilities7 provided to traditional public schools2 7iii7 provides strong evidence of support for public charter schools and has in place innovative policies that support academically successful charter school growth2 7iv7 authorizes public charter schools to offer early childhood education programs1 including prekindergarten1 in accordance with ,state law2 7v7 authorizes or allows public charter schools to serve as school food authorities2 7vi7 ensures that each public charter school in the ,state-- 7,i7 has a high degree of autonomy over the public charter school's budget and expenditures2 7,,ii7 has a written performance contract with an authorized public chartering agency that ensures that the school has an independent governing board with a high degree of autonomy2 and 7,,iii7 in the case of an eligible public charter school receiving a subgrant under this section1 amends its charter to reflect the growth activities described in subsection 7e72 7vii7 has an appeals process for the denial of an application for a public charter school2 7viii7 provides that an authorized public chartering agency that is not a local educational agency1 such as a ,state chartering board1 is available for each individual or entity seeking to operate a public charter school pursuant to such ,state law2 7ix7 allows any public charter school to be a local educational agency in accordance with ,state law2 7x7 ensures that each authorized public chartering agency in the ,state submits annual reports to the ,state educational agency1 and makes such reports available to the public1 on the performance of the schools authorized or approved by such public chartering agency1 which reports shall include-- 7,i7 the authorized public chartering agency's strategic plan for authorizing or approving public charter schools and any progress toward achieving the objectives of the strategic plan2 7,,ii7 the authorized public chartering agency's policies for authorizing or approving public charter schools1 including how such policies examine a school's-- 7aa7 financial plan and policies1 including financial controls and audit requirements2 7bb7 plan for identifying and successfully 7in compliance with all applicable laws and regulations7 serving students with disabilities1 students who are ,english language learners1 students who are academically behind their peers1 and gifted students2 and 7cc7 capacity and capability to successfully launch and subsequently operate a public charter school1 including the backgrounds of the individuals applying to the agency to operate such school and any record of such individuals operating a school2 7,,iii7 the authorized public chartering agency's policies for renewing1 not renewing1 and revoking a public charter school's charter1 including the role of student academic achievement in such decisions2 7,,iv7 the authorized public chartering agency's transparent1 timely1 and effective process for closing down academically unsuccessful public charter schools2 7,v7 the academic performance of each operating public charter school authorized or approved by the authorized public chartering agency1 including the information reported by the ,state in the ,state annual report card under section #aaaa7;h77#a77;,c7 for such school 7or any similar reporting requirement authorized by the ,secretary through a waiver under section #idja72 7,,vi7 the status of the authorized public chartering agency's charter school portfolio1 by identifying all charter schools served by the public chartering agency in each of the following categories3 approved 7but not yet open71 operating1 renewed1 transferred1 revoked1 not renewed1 voluntarily closed1 or never opened2 7,,vii7 the authorizing functions provided by the authorized public chartering agency to the public charter schools under its purview1 including such agency's operating costs and expenses as detailed through annual auditing of financial statements that conform with general accepted accounting principles2 and 7,,viii7 the services purchased 7such as accounting1 transportation1 and data management and analysis7 from the authorized public chartering agency by the public charter schools authorized or approved by such agency1 including an itemized accounting of the actual costs of such services2 and 7xi7 has or will have 7within #a year after receiving a grant under this section7 a ,state policy and process for overseeing and reviewing the effectiveness and quality of the ,state's authorized public chartering agencies1 including-- 7,i7 a process for reviewing and evaluating the performance of the authorized public chartering agencies in authorizing or approving public charter schools1 including a process that enables the authorized public chartering agencies to respond to any ,state concerns2 and 7,,ii7 any other necessary policies to ensure effective charter school authorizing in the ,state in accordance with the principles of quality charter school authorizing1 as determined by the ,state in consultation with the charter school community and stakeholders4 7#b7 ,special rule ,in awarding grants under this section1 the ,secretary may determine how the priorities described in paragraph 7#a7 will apply to the different types of eligible entities defined in subsection 7k77#d74 7e7 ,use of funds ,an eligible entity receiving a grant under this section shall use the grant funds for the following3 7#a7 ,subgrants 7,a7 ,in general ,an eligible entity shall award subgrants1 in such amount as the eligible entity determines is appropriate1 to eligible public charter schools to replicate or expand such schools4 7,b7 ,application ,an eligible public charter school desiring to receive a subgrant under this subsection shall submit an application to the eligible entity at such time1 in such manner1 and containing such information as the eligible entity may require4 7,c7 ,uses of funds ,an eligible public charter school receiving a subgrant under this subsection shall use the subgrant funds to provide for an increase in the school's enrollment of students through the replication or expansion of the school1 which may include use of funds to-- 7i7 support the physical expansion of school buildings1 including financing the development of new buildings and campuses to meet increased enrollment needs2 7ii7 pay costs associated with hiring additional teachers to serve additional students2 7iii7 provide transportation to additional students to and from the school 7including providing transportation to students who transfer to the school under a cooperative agreement established under section #aaaf7;b77#aa771 as long as the eligible public charter school demonstrates to the eligible entity1 in the application required under subparagraph 7,b71 that the public charter school has the capability to continue providing such transportation after the expiration of the subgrant funds2 7iv7 purchase instructional materials1 implement teacher and principal professional development programs1 and hire additional non-teaching staff2 and 7v7 support any necessary activities associated with the school carrying out the purposes of this section1 including data collection and management4 7,d7 ,priority ,in awarding subgrants under this subsection1 an eligible entity shall give priority to an eligible public charter school that-- 7i7 7,i7 has significantly closed any achievement gaps on the ,state academic assessments described in section #aaaa7;b77#c7 among the groups of students described in section #aaaa7;b77#b77;,c77v7 by improving scores2 or 7,,ii7 in the case of a school in a ,state for which the ,secretary has granted a waiver under section #idja1 has significantly closed any achievement gaps among groups of students1 as determined by the ,secretary in accordance with any accountability standards that the ,secretary has authorized through such waiver2 and 7ii7 has been in operation for not less than #c consecutive years and has demonstrated overall success1 including-- 7,i7 substantial progress in improving student achievement1 as measured-- 7aa7 for tested grades and subjects1 by a student's score on ,state academic assessments required under this ,act1 and other rigorous measures of student learning that are comparable across classrooms1 such as the measures described in item 7bb72 and 7bb7 for non-tested grades and subjects1 alternative measures of student learning and performance1 such as student scores on pretests and end-of-course tests1 student performance on ,english language proficiency assessments2 and other measures of student achievement that are rigorous and comparable across classrooms2 and 7,,ii7 the management and leadership necessary to overcome initial start-up problems and establish a thriving1 financially viable charter school4 7,e7 ,duration of subgrant ,a subgrant under this subsection shall be awarded for a period of not more than #c years1 except that an eligible public charter school receiving a subgrant under this subsection may1 at the discretion of the eligible entity1 continue to expend subgrant funds after the end of the subgrant period4 7#b7 ,facility financing and revolving loan fund ,an eligible entity may use not more than #be percent of the amount of the grant funds received under this section to establish a reserve account described in subsection 7f7 to facilitate public charter school facility acquisition and development by-- 7,a7 conducting credit enhancement initiatives 7as referred to in subpart #b7 in support of the development of facilities for eligible public charter schools serving students2 7,b7 establishing a revolving loan fund for use by an eligible public charter school receiving a subgrant under this subsection from the eligible entity under such terms as may be determined by the eligible entity to allow such school to expand to serve additional students2 7,c7 facilitating1 through direct expenditure or financing1 the acquisition or development of public charter school buildings by the eligible entity or an eligible public charter school receiving a subgrant under this subsection from the eligible entity1 which may be used as both permanent locations for eligible public charter schools or incubators for growing charter schools2 or 7,d7 establishing a partnership with #a or more community development financial institutions 7as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb77 or other mission-based financial institutions to carry out the activities described in subparagraphs 7,a71 7,b71 and 7,c74 7#c7 ,administrative tasks1 dissemination activities1 research1 and data collection 7,a7 ,in general ,an eligible entity may use not more than #g4e percent of the grant funds awarded under this section to cover administrative tasks1 dissemination activities1 and outreach1 including data collection and management4 7,b7 ,nonprofit assistance ,in carrying out the administrative tasks1 dissemination activities1 and outreach described in subparagraph 7,a71 an eligible entity may contract with an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 and exempt from tax under section #eja7;a7 of such ,code 7#bf ,u4,s4,c4 #eja7;a774 7f7 ,reserve ,account 7#a7 ,in general ,to assist eligible entities in the development of new public charter school buildings or facilities for eligible public charter schools1 an eligible entity receiving a grant under this section may1 in accordance with ,state and local law1 directly or indirectly1 alone or in collaboration with others1 deposit the amount of funds described in subsection 7e77#b7 in a reserve account established and maintained by the eligible entity4 7#b7 ,investment ,funds received under this section and deposited in the reserve account established under this subsection shall be invested in obligations issued or guaranteed by the ,united ,states or a ,state1 or in other similarly low-risk securities4 7#c7 ,reinvestment of earnings ,any earnings on funds received under this subsection shall be deposited in the reserve account established under this subsection and used in accordance with the purpose described in subsection 7a74 7#d7 ,recovery of funds 7,a7 ,in general ,the ,secretary1 in accordance with chapter #cg of title #ca1 ,united ,states ,code1 shall collect-- 7i7 all funds in a reserve account established by an eligible entity under this subsection if the ,secretary determines1 not earlier than #b years after the date the eligible entity first received funds under this section1 that the eligible entity has failed to make substantial progress carrying out the purpose described in paragraph 7#a72 or 7ii7 all or a portion of the funds in a reserve account established by an eligible entity under this subsection if the ,secretary determines that the eligible entity has permanently ceased to use all or a portion of funds in such account to accomplish the purpose described in paragraph 7#a74 7,b7 ,exercise of authority ,the ,secretary shall not exercise the authority provided under subparagraph 7,a7 to collect from any eligible entity any funds that are being properly used to achieve such purpose4 7,c7 ,procedures ,sections #dea1 #deb1 and #deh of the ,general ,education ,provisions ,act shall apply to the recovery of funds under subparagraph 7,a74 7,d7 ,construction ,this paragraph shall not be construed to impair or affect the authority of the ,secretary to recover funds under part ,d of the ,general ,education ,provisions ,act4 7#e7 ,reallocation ,any funds collected by the ,secretary under paragraph 7#d7 shall be awarded to eligible entities receiving grants under this section in the next fiscal year4 7g7 ,financial responsibility ,the financial records of each eligible entity and eligible public charter school receiving a grant or subgrant1 respectively1 under this section shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant4 7h7 ,national evaluation 7#a7 ,national evaluation ,from the amounts appropriated under section #ebjj1 the ,secretary shall conduct an independent1 comprehensive1 and scientifically sound evaluation1 by grant or contract and using the highest quality research design available1 of the impact of the activities carried out under this section on-- 7,a7 student achievement1 including ,state standardized assessment scores and1 if available1 student academic longitudinal growth 7as described in subsection 7c77#b77;,a77i77 based on such assessments2 and 7,b7 other areas1 as determined by the ,secretary4 7#b7 ,report ,not later than #d years after the date of the enactment of the ,all ,students ,achieving through ,reform ,act of #bjac1 and biannually thereafter1 the ,secretary shall submit to ,congress a report on the results of the evaluation described in paragraph 7#a74 7i7 ,reports ,each eligible entity receiving a grant under this section shall prepare and submit to the ,secretary the following3 7#a7 ,report ,a report that contains such information as the ,secretary may require concerning use of the grant funds by the eligible entity1 including the academic achievement of the students attending eligible public charter schools as a result of the grant4 ,such report shall be submitted before the end of the #c-year period beginning on the date of enactment of the ,all ,students ,achieving through ,reform ,act of #bjac and every #b years thereafter4 7#b7 ,performance information ,such performance information as the ,secretary may require for the national evaluation conducted under subsection 7h77#a74 7j7 ,inapplicability ,the provisions of sections #ebja through #ebji shall not apply to the program under this section4 7k7 ,definitions ,in this section3 7#a7 ,adequate yearly progress ,the term adequate yearly progress has the meaning given such term in a ,state's plan in accordance with section #aaaa7;b77#b77;,c74 7#b7 ,administrative tasks1 dissemination activities1 and outreach ,the term administrative tasks1 dissemination activities1 and outreach includes costs and activities associated with-- 7,a7 recruiting and selecting students to attend eligible public charter schools2 7,b7 outreach to parents of students enrolled in identified schools or schools with low graduation rates2 7,c7 providing information to such parents and school officials at such schools regarding eligible public charter schools receiving subgrants under subsection 7e72 7,d7 necessary oversight of the grant program under this section2 and 7,e7 initiatives and activities to disseminate the best practices1 programs1 or strategies learned in eligible public charter schools to other public schools operating in the ,state where the eligible entity intends to award subgrants under this section4 7#c7 ,charter school ,the term charter school means-- 7,a7 a charter school1 as defined in section #ebaa7a72 or 7,b7 a school that meets the requirements of such section1 except for subparagraph 7,d7 of the section1 and provides prekindergarten or adult education services4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state educational agency2 7,b7 an authorized public chartering agency2 7,c7 a local educational agency that has authorized or is planning to authorize a public charter school2 7,d7 an organization 7including a nonprofit charter management organization7 that has an organizational mission and record of success supporting the replication and expansion of high-quality charter schools and is-- 7i7 described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c772 and 7ii7 exempt from tax under section #eja7;a7 of such ,code 7#bf ,u4,s4,c4 #eja7;a772 or 7,e7 a consortium of organizations described in subparagraph 7,d74 7#e7 ,eligible public charter school ,the term eligible public charter school means a charter school that has no significant compliance issue and shows evidence of strong academic results for the past three years 7or over the life of the school if the school has been open for fewer than three years71 based on-- 7,a7 increased student academic achievement and attainment for all students1 including1 as applicable1 educationally disadvantaged students served by the charter school2 7,b7 7i7 demonstrated success in closing historic achievement gaps for the subgroups of students described in section #aaaa7;b77#b77;,c77v77,,ii7 at the charter school or1 in the case of a school in a ,state for which the ,secretary has granted a waiver under section #idja1 demonstrated success in closing achievement gaps among groups of students1 as determined by the ,secretary in accordance with any accountability standards that the ,secretary has authorized through such waiver2 or 7ii7 no significant achievement gaps between any of the subgroups of students described in section #aaaa7;b77#b77;,c77v77,,ii7 7or as determined by the ,secretary in accordance with any accountability standards authorized through a waiver under section #idja7 and significant gains in student achievement with all populations of students served by the charter school2 and 7,c7 results 7including1 where applicable and available1 performance on statewide tests1 attendance and retention rates1 secondary school graduation rates1 and attendance and persistence rates at institutions of higher education7 for low-income and other educationally disadvantaged students served by the charter school that are above the average achievement results for such students in the ,state4 7#f7 ,graduation rate ,the term graduation rate has the meaning given the term in section #aaaa7;b77#b77;,c77vi71 as clarified in section #bjj4ai7;b77#a7 of title #cd1 ,code of ,federal ,regulations4 7#g7 ,identified school ,the term identified school means a school-- 7,a7 identified for school improvement1 corrective action1 or restructuring under paragraph 7#a71 7#g71 or 7#h7 of section #aaaf7;b72 or 7,b7 in the case of a school for which the ,secretary has waived the applicability of such paragraphs pursuant to section #idja1 identified as a priority school1 a focus school1 or a school otherwise in need of significant assistance1 as determined by the accountability standards authorized by such waiver 7#h7 ,local educational agency ,the term local educational agency includes any charter school that is a local educational agency1 as determined by ,state law4 7#i7 ,low-income student ,the term low-income student means a student eligible for free or reduced price lunches under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7#aj7 ,school food authority ,the term school food authority has the meaning given the term in section #bej4c of title #g1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling74 7#aa7 ,school year ,the term school year has the meaning given such term in section #ab7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d774 7#ab7 ,traditional public school ,the term traditional public school does not include any charter school1 as defined in section #ebaa4 4 7b7 ,authorization of appropriations ,part ,b of title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba et seq47 is amended-- 7#a7 by striking section #ebca2 and 7#b7 by inserting before subpart #a the following3 #ebjj4 ,authorization of appropriations for subparts #a and #b 7a7 ,in general ,there are authorized to be appropriated to carry out subparts #a and #b1 #gjj1jjj1jjj for fiscal year #bjad and such sums as may be necessary for each of the #e succeeding fiscal years4 7b7 ,allocation ,in allocating funds appropriated under this section for any fiscal year1 the ,secretary shall consider-- 7#a7 the relative need among the programs carried out under sections #ebjb1 #ebje1 #ebaj1 and subpart #b2 and 7#b7 the quality of the applications submitted for such programs4 4 7c7 ,conforming amendments ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7#a7 in section #bajb7b7 7#bj ,u4,s4,c4 #ffjb7b771 by striking #ebaj and inserting #ebaa2 7#b7 in section #ebjd7;e7 7#bj ,u4,s4,c4 #gbba;c7e771 by striking #ebaj7a7 and inserting #ebaa7a72 7#c7 in section #ebaa7a7 7as redesignated by subsection 7a77#b77 7#bj ,u4,s4,c4 #gbba;i7#a771 by striking ,the term and inserting ,except as otherwise provided1 the term2 7#d7 in section #ebcj7a7 7#bj ,u4,s4,c4 #gbbc;i7#a771 by striking #ebaj and inserting #ebaa2 and 7#e7 in section #ebdg7a7 7#bj ,u4,s4,c4 #gbbe;f7#a771 by striking #ebaj and inserting #ebaa4 7d7 ,table of contents ,the table of contents in section #b of the ,elementary and ,secondary ,education ,act of #aife is amended-- 7#a7 by inserting before the item relating to subpart #a of part ,b of title ,v the following3 ,sec4 #ebjj4 ,authorization of appropriations for subparts #a and #b4 2 7#b7 by striking the items relating to sections #ebaj and #ebaa2 7#c7 by inserting after the item relating to section #ebji the following3 ,sec4 #ebaj4 ,charter school expansion and replication4 ,sec4 #ebaa4 ,definitions4 2 and 7#d7 by striking the item relating to section #ebca4